TERMS & CONDITIONS

Terms of Use. Please read these Terms of Use (“Terms”) carefully before using the Service. We have included several annotations in boxes to help explain or emphasize key sections. These annotations are for convenience only and have no legal or contractual effect.

This agreement is a legally binding contract. It may change as our business changes, and you agree you will review it and any updates regularly. Your continued use of the Service means you accept any changes.

Binding Agreement. These Terms constitute a binding agreement between you and UtahWeds.com, LLC and its affiliates and subsidiaries (“UtahWeds,” “UtahWeds.com,” “we,” “us”). “You” and “users” shall mean all visitors, vendors or other users, to the Service. You accept these Terms each time you access the Service. If you do not accept these Terms, you must not use the Service. If you are under 18 years of age, you represent and agree that you possess the legal consent of your parent or guardian to access and use the Service. Revisions to Terms. We may revise these Terms at any time by posting an updated version. You should visit this page periodically to review the most current Terms, because you are bound by them. Your continued use of the Service after a change to these Terms constitutes your binding acceptance of these Terms. The terms “post” and “posting” as used in these Terms shall mean the act of submitting, uploading, publishing, displaying, or similar action on the Service.

Definitions

·      The Service. The “Service” means any website, including http://www.UtahWeds.com, mobile application, or Internet service under the control of UtahWeds.com, LLC, whether partial or otherwise, in connection with providing an online platform for Clients to find and contact Venues and Vendors.

·      Client. A Service user who finds Venues and Vendors through the Service.

·      Vendor or Host. A Service user who lists available services or Venues on the Service.

·      Venue. A physical location a Host lists on the Service and about which a Client may seek information through the Service.

·      Rental or Vendor Agreement. An agreement between the Client and a Host or Vendor separate from these Terms of Use.

Right to Reject or Remove Members. We reserve the absolute right to reject your participation, or remove you from your current participation, in the UtahWeds Service at any time and for any reason or for no reason and without notice to you. Actions that may result in the rejection or removal of your participation can include, but are not limited to: any violation of the Terms of this Agreement; your creation, maintenance and/or management of more than one account without prior approval; your non-payment in full any Unpaid Fees; any attempt by you to improperly influence, or cause another to improperly influence the feedback of Members; or any attempt by you to harass, or cause another to harass, or have inappropriate communications with a Member.

Social Media Connections. You may register with the Service through your account with certain third party social networking services (“SNS”), including Facebook. When you register through your SNS account, you will be asked to login to the Service using your SNS account credentials. By creating a UtahWeds account via your account with an SNS, you are allowing UtahWeds to access your SNS account information, and you agree to abide by the applicable terms and conditions of your SNS in your use of the Service via such SNS. You have the option to disable the connection between your Service account and SNS account at any time through the SNS or by notifying us at admin@utahweds.com.

Communications. The Service may allow you to communicate with other users. You may contact other users for the sole purpose of asking questions and obtaining information relating to a Venue or a Vendor.

We may display a Venue or Vendor on a map.

Map to a Venue and Vendor. We may display a Venue’s and Vendor’s geographical location on a map so that Clients can see the general area and neighborhood of the Venue and Vendor. You may be able to choose to also display the street address along with the map to prospective Clients. Maps provided on the Service that are provided by Google are subject to the Google Maps terms and conditions located at: http://www.google.com/intl/en_us/help/terms_maps.html.

Venue and Vendor Listings. Venue and Vendor listings must be accurate and clearly display what services and amenities are available. You agree to provide truthful and clear information in Venue and Vendor listings about pricing and what services and amenities are available. We reserve the right to require changes to a Venue or Vendor listing if we feel the listing is unclear or for any reason.

Clients may contact Hosts and Vendors for more information about their listings.

Detailed Information about Venues and Bookings. Please contact the Host to obtain detailed information about a Venue, including check-in and check-out times and procedures, occupancy limits, late arrival, disability needs, availability, costs, and special requests.

We may post Venue and Vendor Listings Anywhere on the Service.

Displaying Venue Listings Anywhere on the Service. You agree that we may display Venue and Vendor listings in prominent locations on the Service at our sole discretion, including next to other Venues and Vendors.

Your Role

You are responsible for your decisions when using the Service. You accept all risk and UtahWeds disclaims all responsibility and liability for any results from your use of the Service.

You Are Responsible for Assessing Rental Risk. You agree that you are solely responsible for all interactions and listings on the Service. All Venue rentals and Vendor relationships involve a degree of risk. You are solely responsible for determining the suitability of entering into a particular agreement with another user of the Service. You agree and acknowledge that you are solely responsible for conducting legal, accounting, or due diligence review on the Vendors, Venues, and Clients on the Service. You are advised to consult with a licensed legal professional for any legal, tax, insurance, or rental advice. The Service will merely provide you with the ability for you to find and list Venues and Vendors.

You Accept the Risks of Your Decisions. You accept the risks associated with actions you take through the Service that may include the risk of legal liability. Clients, Hosts, Vendors, and Venues may be good or bad, and past performance is not a guarantee of future performance.

You are required to post accurate information about yourself and Vendors and Venues you list on the Service.

You agree that your Submitted Information:

- Will not contain any personal information that you do not wish to be made public or to be displayed in accordance with the applicable settings that you indicate.

- Will not contain another person's personal information or otherwise invade another's privacy

- Will not violate or possibly cause us to violate any applicable law, statute, ordinance or regulation

- Will not violate the terms of this Agreement

- Will not infringe any third party's intellectual property rights including but not limited to copyright, patent or trademark rights

- Will not contain obscene, lewd, or suggestive content and or pornography

- Will not be libelous, threatening, harassing, racist, or defamatory. This specifically includes making legal claims of any sort about UtahWeds employees, agents, other members, or the Site

- Will not contain the proprietary information of another person or entity

- Will not contain any computer hardware or software, viruses, Trojan horses, worms, spyware, or any other computer programming that may interfere with the operation of our Site or our systems and or create or impose a large burden or load on our Site or systems

- Will not scan or test the vulnerability or security of our Site or the system within which it operates

- Will not be used for commercial or public purposes outside of the requirements of this Agreement. Specifically, your Submitted Information may not be used to advertise the products or services of others and my not contain links to third-party web sites.

- Will not create liability for UtahWeds in any manner whatsoever

- Will not involve the upload, or insertion of, any programming language or code into or onto, our Site

Posting Accurate Information. You are required to provide truthful and accurate information about yourself, Vendors, and Venues you post to the Service.

The Host and Vendor may require you to agree to additional terms and conditions.

You May Need to Agree to Additional Terms or Agreements. You acknowledge that you may be required to agree to additional terms or agreements, including a Rental or Vendor Agreement, to complete a transaction.

You are solely responsible for your use of the Service and compliance with all applicable laws, rules, and regulations.

You Are Responsible for Compliance with Applicable Laws. You are solely responsible for ensuring that posting a Venue or Vendor on the Service does not conflict with the rights of third parties and is in compliance with any applicable agreements and applicable state and Federal laws, rules, and regulations. Such laws, rules, and regulations may involve advertising, taxes, licensing, permits, zoning ordinances, safety standards, and anti-discrimination and fair housing requirements. UtahWeds is not responsible for your obligations to comply with third-party rights, your agreements, and applicable laws, rules, and regulations.

We do not collect or remit taxes to the tax authorities. You are obligated to pay any applicable taxes related to a Booking.

You Are Responsible for Taxes. You are responsible for collecting, reporting, and remitting the correct tax to the appropriate tax authorities related to any transactions. UtahWeds is not responsible for determining whether taxes apply to your transaction, or for collecting, reporting, or remitting any taxes arising from any transaction.

You must own or have permission to list a Vendor or Venue on the Service.

Users Must Have the Right to List a Vendor or Venue. You represent and warrant that you own or have permission to list the Vendors and Venues you list on the Service.

UtahWeds’ Role

We do not endorse or screen users, Vendors, or Venues on the Service.

UtahWeds Does Not Endorse any Users, Vendors, or Venues. We do not endorse any Clients, Hosts, Vendors, or Venues on the Service.

Enhanced Listings and Other Advertising Options. Users may pay UtahWeds to enhance their listings in certain ways or to use other advertising options to increase visibility on the Service. This may include elevating listings in search results displayed in response to user searches, displaying a listing on the Service home page, or featuring a listing in an editorial available on the Service. Our choice to enhance a listing is not based on our assessment of the quality or characteristics of a Vendor or Venue, and is done only as a result of payment.

We may monitor the content and perform actions to improve the accuracy of information about users, Vendors, and Venues, but we do not screen users, Vendors, or Venues.

We do not own or manage any of the Vendors or Venues available on the Service.

Screening Users, Vendors, and Venues. UtahWeds may validate some information provided by Clients, Hosts, or Vendors, such as an email address and telephone number. However, UtahWeds does not screen its users or verify profile, Vendor, or Venue information provided through the Service, though UtahWeds has the right to monitor such information. UtahWeds has no personal knowledge of any of the users of the Service, and it does not have responsibility for the conduct of such users, including the accuracy of profile, Vendor, or Venue information or the content of messages posted by users. Contact us at admin@UtahWeds.com to notify of us of inappropriate or illegal conduct or content you encounter on the Service, as we have the right to terminate a user account and remove content for any reason.

UtahWeds Does Not Own Vendors or Venues Listed on the Service. We do not own, manage, or contract for any Vendors or Venues listed on the Service. The Service provides a marketplace for its users.

We do not provide any tax, legal, financial, or rental advice. We are not your agent or fiduciary.

UtahWeds Does Not Provide Tax, Legal, Financial, or Rental Advice. Although the Service may provide data, information, or content provided by other parties relating to Vendors and Venues, you should not construe any such content as tax, legal, financial, or rental advice. Unless we provide you with specific advice that is clearly identified as an individualized recommendation specifically addressed to you, (which is not expected to take place), you represent that any decision to enter into a rental or other agreement is based solely on your consideration of the risks involving a particular Client or Venue.

UtahWeds Is Not Your Agent or Broker. Your use of the Service does not create an agent or broker relationship with UtahWeds. 

UtahWeds Is Not a Fiduciary. UtahWeds has no special relationship with or fiduciary duty to you.

UtahWeds is not a party to any agreements between users of the Service.

UtahWeds Is Not a Party to Transactions between Users. UtahWeds is not a party to any transactions between users and will not assist in the preparation, correction, or use of any documentation related to agreements between users.

UtahWeds disclaims all liability and you hereby indemnify UtahWeds for any results or consequences from your use of the Service.

UtahWeds Is Not Liable For Any Consequences from Your Use of the Service. UtahWeds shall not be liable for any decisions made based upon content available on the Service. UtahWeds is entitled to rely upon the information provided by its users. UtahWeds cannot guarantee that Clients, Hosts, Vendors, and Venues will match the information provided on the Service. You acknowledge and agree that UtahWeds does not provide any representation, warranty or assurance that the offerings on the Service will meet your expectations or accurately measure a user or Venue.

Suspicious Activity. We may attempt to help you avoid potentially fraudulent or other illegal activities related to the use of the Service. However, we assume no liability or obligation to take any such measures or actions. If we provide warnings or messages to you, we do not represent and warrant that such messages will be accurate, timely, or prevent any harm or action.

Insurance. UtahWeds does not provide insurance for any agreements that occur between users of the Service. We recommend that you obtain any appropriate insurance as a Client, Host, or Vendor.

Security. UtahWeds uses industry standard practices to protect your personal information, including firewalls and Secure Socket Layers. We utilize several different security techniques to protect data from unauthorized access, but, Except as specified in a Terms of Purchase, We cannot guarantee the security of our system. Except as specified in a Terms of Purchase, we also do not guarantee uninterrupted or secure access to our system, as the operation of our Site can be interrupted by numerous factors outside of our control.

Subscriptions and Financial Matters

Subscriptions. You may be able to purchase a subscription to list Vendors and Venues through the Service. Subscriptions lengths may be variable and are described on the Service when you select a subscription to purchase. We will notify you of any subscription plan changes.

Other Charges. We may charge users who list Venues and Vendors for other reasons as described on the Service (“Other Charges”), such as a charge for an enhanced listing, and charges for other additional advertising and functionality options.

You are responsible for all fees charged for any subscriptions you select to use the Service or Other Charges.

You Agree To Pay UtahWeds For Your Selected Service Subscription and Other Charges. You agree to pay for the subscription you select using the Service. You also agree to pay for Other Charges as they accrue. We may charge you monthly for Other Charges that you accrued during the prior month and bill you for the total amount including the subscription fee and Other Charges. You agree that UtahWeds may charge your selected payment method, such as a credit card, either directly or through the services of a third-party payment processor. If non-payment occurs due to a failed credit card transaction and is not remedied within seven days after we send you notice of non-payment, then we may terminate the subscription. Our subscriptions our auto-renewal based, so you agree to keep your payment information current so that your listings are not interrupted.

Auto-Renewal. Our subscriptions are auto-renewed based on different time periods (1 Month, 3 Months, 6 Months, 1 Year). When you sign up for one of these subscriptions, you authorize us to automatically charge the payment method our service provider has on file for you to pay for your subscription and its auto-renewal. You will be billed for the same or similar subscription plan at the then-current subscription price plus applicable taxes. Additional terms and conditions may apply upon renewal, and subscription fees may change at any time. Any amounts not paid when due shall bear interest at the rate of one and one half percent (1.5%) per month, or the maximum legal rate if less.

Timing of Payment. Payment occurs within a reasonable time of the transaction or shortly thereafter. 

Renewal Notice. We may, but are not required to, send you an email notification to alert you to the auto-renewal shortly before your subscription expires and any payment is processed using your payment method for the renewed subscription. Please ensure the email address associated with your account is accurate.

Notice of Failed Payment. If any subscription fee or other charges cannot be charged to your payment method for any reason, we may provide you, via email, notice of such non-payment and a link for you to update your payment information. If such non-payment is not remedied within seven days after receiving such notice of non-payment, then we may terminate the applicable subscription.

Pre-Authorization. When you provide a credit card number to pay for a subscription on the Service, we, through our third-party payment processor, may seek pre-authorization of your credit card account prior to a purchase. This pre-authorization will verify the credit card is valid and/or has the necessary funds or credit available to cover your required payment. These pre-authorizations will reduce your available balance by the authorization amount until it is released or reconciled with the actual charge. Please contact your card issuer if you have additional questions regarding when an authorization amount will be removed from your statement.

We use third-party payment processors, and you agree to pay any fees associated with such payment processing.

We do not guarantee any particular form of payment will be available to make a payment.

Third-Party Payment Processors. UtahWeds currently uses third-party payment processors for electronic commerce. Our payment processors and the payment methods they accept may change without notice. Our third-party e-commerce payment processor accepts payments through methods detailed on the applicable payment screen, which may include various credit cards. By using such third-party payment processors, you agree to their terms and conditions of use. Such third parties may charge fees to process payments. We may pay certain fees at our sole discretion. UtahWeds disclaims all liability with regards to any fees or problems you have with third-party payment processors.

Availability of Certain Forms of Payment. UtahWeds makes no representations and warranties about the continued availability of any particular form of payment method made available for use with the Service.

You are responsible for any taxes or fees. All transactions are in U.S. dollars.

Taxes and Fees. You are responsible for determining and paying the appropriate government taxes, fees, and service charges resulting from a transaction occurring through the Service. We are not responsible for collecting, reporting, paying, or remitting to you any such taxes, fees, or service charges.

U.S. Dollars. All transactions through the Service are in U.S. dollars.

You may cancel your auto-renewed subscription up to 5 days before your subscription auto-renews, which prevents your subscription from being auto-renewed.

Subscription Cancellation and Refund Policy. You may cancel your auto-renewed subscription at any time up to 5 days before your subscription auto-renews. Please review your account information on the Service to view your auto-renewal date. A subscription cancellation prevents future auto-renewals, but will not stop subscriptions already renewed. UtahWeds may, but is not required to, issue a pro-rated refund, at its sole discretion. In addition, in the case of a longer-term subscription, such pro-ration refund would be based on the shorter-term subscription. Please contact admin@utahweds.com to dispute a charge, cancel your subscription, or request a refund. You may also cancel your subscription by following the instructions posted on the Service.

Eligibility to Use the Service

Children. No part of the Service is directed to persons under the age of 16. IF YOU ARE UNDER 16 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS The Service AT ANY TIME OR IN ANY MANNER.

Agent of a Company, Entity, or Organization. If you are using the Service on behalf of a company, entity, or organization (collectively “Organization”), then you represent and warrant that you: are an authorized representative of that Organization; have the authority to bind that Organization to these Terms; and agree to be bound by these Terms on behalf of that Organization.

Your Account. You are responsible for your log-in credentials and for keeping your information accurate. You are responsible for any activity resulting from the use of your log-in credentials on the Service. You represent and warrant that the information you provide to UtahWeds upon the licensing of the Service and at all other times will be true, accurate, current, and complete. Your Log-In Credentials. To use the Service, you will have log-in information, including an email address and password. Your account is personal to you, and you may not share your account information with, or allow access to your account by, any third party. As you will be responsible for all activity that occurs under your access credentials, you agree to use reasonable efforts to prevent unauthorized access to or use of the Service and to preserve the confidentiality of your username and password, and any device that you use to access the Service. You agree to notify us immediately of any breach in secrecy of your log-in information. If you have any reason to believe that your account information has been compromised or that your account has been accessed by a third party, you agree to immediately notify UtahWeds by e-mail to admin@UtahWeds.com. You will be solely responsible for the losses incurred by UtahWeds and others due to any unauthorized use of your account.

Communications. UtahWeds may communicate with you by email or posting notice on the Service. You may request that we provide notice of security breaches in writing.

You agree to receive email from us at the email address you provided to us for customer service-related purposes. If you call us by telephone, we may record the telephone call for quality and training purposes.

Electronic Notices. By using the Service or providing Personal Information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Service. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Service or sending an email to you. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please write to us at admin@UtahWeds.com.

UtahWeds’ Content Ownership and Use

UtahWeds owns or has rights to all of the content we make available through the Service, but you may use it as you use the Service. You may not use our logo without our written permission.

The contents of the Service include: designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, and other UtahWeds Content regardless of form (i.e., whether video, paper, electronic or otherwise), whether tangible or intangible, or whether existing now or in the future (collectively, “UtahWeds Content”). All UtahWeds Content and the compilation (meaning the collection, arrangement, and assembly) of all UtahWeds Content are the property of UtahWeds or its licensors and are protected under copyright, trademark, and other laws.

License to You. We authorize you, subject to these Terms, to access and use the Service and UtahWeds Content solely for the personal use of the Service, at our discretion. Any other use is expressly prohibited. This license is non-transferable and revocable at any time without notice and with or without cause. Unauthorized use of UtahWeds Content may violate copyright, trademark, and applicable communications regulations and statutes and is strictly prohibited. You must preserve all copyright, trademarks, service marks, and other proprietary notices contained in the original UtahWeds Content on any copy you make of UtahWeds Content. UtahWeds retains all right, title and interest in and to all UtahWeds Content.

UtahWeds Marks. “UtahWeds,” the “UtahWeds” logo, and other logos and product and service names are or may be trademarks UtahWeds (the “UtahWeds Marks”). Without our prior written permission, and except as solely enabled by any link as provided by us, you agree not to display or use UtahWeds Marks in any manner.

User Content and Our License to Use It

You, or the people who allow you to use their content, own all of the content you post using the Service. However, by posting your content to the Service, you expressly give UtahWeds permission to use it for any purpose, including in marketing materials (see below for more information). UtahWeds reserves the right to modify your content to make it work better.

UtahWeds Claims No Ownership. The Service may provide you with the ability to create, post, or share content (“Your User Content”). UtahWeds claims no ownership or control over Your User Content. You or a third-party licensor, as appropriate, retain all copyright, patent, and trademark rights to any of the content you post on or through the Service. You are responsible for protecting those rights.

UtahWeds’ Use of Posted Content on the Service. By creating, posting, or sharing Your User Content on or through the Service, and subject to UtahWeds’ Privacy Policy, you grant UtahWeds a perpetual, irrevocable, world-wide, non-exclusive, sub-licensable, royalty-free, fully paid up, transferable license to reproduce, distribute, publicly display, publicly perform, create derivative works of, and otherwise use, modify, and exploit Your User Content for any purpose without compensation to you, including for the purpose of promoting UtahWeds and its services. This license will continue for images which have previously been used by UtahWeds.com, even after you stop using the Service; however, after you stop using the Service, UtahWeds shall not use Your User Content for any future purposes. You also hereby grant each user of the Service a non-exclusive license to access Your User Content through the Service. UtahWeds reserves the right to refuse to accept, post, display, or transmit any User Content in its sole discretion. You Acquire No Ownership of Others’ Content. You understand and agree that you will not obtain, as a result of your use of the Service, any right, title, or interest in or to such content delivered via the Service or in any intellectual property rights (including, without limitation, any copyrights, patents, trademarks, trade secrets, or other rights) in the content. You Must Have Rights to the Content You Post. You represent and warrant that: (i) you own the content posted by you on or through the Service or otherwise have the right to grant the license set forth in these Terms, (ii) the posting and use of Your User Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person, and (iii) the posting of Your User Content on the Service does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of content you post on or through the Service. You also acknowledge and agree that Your User Content is non-confidential and non-proprietary. The Service contains content from users and other UtahWeds licensors. Except as provided within these Terms, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through the Service.

Copyright Policy

Tell us if you think a user has violated your copyright using the Service, or if you think someone incorrectly reported that you violated his or her copyright. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials posted on the Service infringe your copyright, you (or your agent) may send us a “Notification of Claimed Infringement” requesting that the material be removed, or access to it blocked. The notice must include the following information: A physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed; Identification of the copyrighted work alleged to have been infringed (or if multiple copyrighted works located on the Service are covered by a single notification, a representative list of such works); Identification of the specific material alleged to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on the Service; Your name, address, telephone number, and email address (if available); A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. We may terminate the accounts and/or prevent content posting of users who repeatedly infringe copyright holders’ copyrights. A “repeat infringer” is a user who, on more than two occasions, has been determined by final order of a United States court to have infringed the copyright rights of a third party by providing infringing content through the Service. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice.
Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Service should be sent to [Address] or admin@UtahWeds.com. Consult your legal advisor and see 17 U.S.C. § 512 before filing a notice or counter-notice as there are penalties for false claims under the DMCA.

Suggestions and Submissions

We appreciate hearing from our users and welcome your comments regarding the Service. Please be advised, however, that if you send us creative ideas, suggestions, inventions, or materials (“creative ideas”), we shall: own, exclusively, all now known or later discovered rights to the creative ideas; not be subject to any obligation of confidentiality and shall not be liable for any use or disclosure of any creative ideas; and be entitled to unrestricted use of the creative ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.

User Content Disclaimers, Limitations, and Prohibitions

You are responsible for your actions when using and relying on the Service or content available on the Service. We do not represent or guarantee the truthfulness, accuracy, or reliability of content, posted by users (“User Content”). You accept that any reliance on material posted by other users or third-party service providers will be at your own risk. By using the Service you accept the risk that you might be exposed to content that is objectionable or otherwise inappropriate. You are solely responsible for Your User Content on the Service. UtahWeds does not endorse any, nor is it responsible for, User Content on the Service. You assume all risks associated with Your User Content, including anyone’s reliance on its quality, accuracy, or reliability. You may expose yourself to liability if, for example, Your User Content contains material that is false, intentionally misleading, or defamatory; violates third-party rights; or contains material that is unlawful or advocates the violation of any law or regulation.

Do not do bad things with the Service, try to break it, or steal our hard work. You agree to use the Service only for its intended purpose and in an authorized manner. You must use the Service in compliance with all privacy, data protection, intellectual property, and other applicable laws. The following uses of the Service are prohibited. You may not: attempt to interfere with, harm, reverse engineer, steal from, or gain unauthorized access to the Service, user accounts, or the technology and equipment supporting the Service; frame or link to the Service without permission; use data mining, robots, or other data gathering devices on or through the Service, unless specifically allowed by these Terms; post incomplete, false, or misleading information, impersonate another person, or misrepresent your affiliation with a person or entity; disclose personal information about another person or harass, abuse, or post objectionable material; sell, transfer, or assign any of your rights to use the Service to a third party without our express written consent; post advertising or marketing links or content, except as specifically allowed by these Terms; use or access the Service if you are (or are engaged by) a competitor of UtahWeds, except with our prior written consent, which we may withhold in our sole discretion and without explanation; use or access the Service for purposes of monitoring availability, performance or functionality, or for any other benchmarking or competitive purposes; use the Service in an illegal way or to commit an illegal act in relation to the Service or that otherwise results in fines, penalties, and other liability to UtahWeds or others; or access the Service from a jurisdiction where it is illegal or unauthorized.

Consequences of Violating These Terms

If you do not act acceptably, we may prohibit your use of the Service. Without limiting any other remedies, we reserve the right to suspend or terminate your account and prevent access to the Service for any reason, at our discretion. We reserve the right to refuse to provide the Service to you in the future. UtahWeds may review and remove any User Content at any time for any reason, including for activity which, in its sole judgment: violates these Terms; violates applicable laws, rules, or regulations; is abusive, disruptive, offensive or illegal; or violates the rights of, or harms or threatens the safety of, users of the Service. You are responsible for any claims, fees, fines, penalties, and other liability incurred by us or others caused by or arising out of your breach of these Terms and your use of the Service.

UtahWeds’ Liability. We are not liable for the actions of users when they use the Service. We may also change the Service at any time and are not liable for how this may affect you. We do not guarantee the quality or accuracy of any content you view using the Service or other websites.

Changes to the Service. We may change, suspend, or discontinue any aspect of the Service at any time, including hours of operation or availability of the Service or any feature, without notice or liability. However,

User Disputes. We are not responsible for any disputes or disagreements between you and any third party you interact with using the Service. You assume all risk associated with dealing with third parties. You agree to resolve disputes directly with the other party. You release UtahWeds of all claims, demands, and damages in disputes among users of the Service. You also agree not to involve us in such disputes. Use caution and common sense when using the Service. 

Content Accuracy. We make no representations about accuracy, reliability, completeness, or timeliness of any contents of the Service. Similarly, we make no representations about accuracy, reliability, completeness, or timeliness of any data from a third-party service provider or the quality or nature of third-party products or services obtained through the Service. Use the Service at your own risk.
 

Third-Party Websites and Applications. The Service may include links to third party websites and applications. You are responsible for evaluating whether you want to access or use them. We are not responsible for and do not endorse any features, content, advertising, products, or other materials on other websites or applications. You assume all risk and we disclaim all liability arising from your use of them.

Third-Party Functionality. The Service may allow you to use third-party content and functionality. You use such content or functionality subject to such third parties’ terms and conditions. We make no promises and disclaim all liability of specific results from the use of the Service.

Released Parties Defined. “Released Parties” include UtahWeds and its affiliates, officers, employees, agents, partners, and licensors.

DISCLAIMER OF WARRANTIES

You use the Service at your own risk. We make no warranties or guarantees.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE SERVICE AND ANY PRODUCTS, VENUES, VENDORS, OR SERVICES MADE AVAILABLE ON OR THROUGH THE SERVICE IS AT YOUR SOLE RISK, AND THE SERVICE AND ANY PRODUCTS, VENUES, VENDORS, OR SERVICES MADE AVAILABLE ON OR THROUGH THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS, VENUES, VENDORS, OR SERVICES OFFERED BY THE RELEASED PARTIES OR OTHER PERSONS ON OR THROUGH THE SERVICE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) THE SERVICE OR ANY PRODUCTS, VENUES, VENDORS, OR SERVICES MADE AVAILABLE ON OR THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, AND (iv) ANY ERRORS IN THE SERVICE WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL. LIMITATION OF LIABILITY AND INDEMNIFICATION

We are not liable for anything that happens to you involving the Service. If you use the Service in a way that causes us to be included in litigation, you agree to pay all legal fees and costs for Released Parties.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE OR ANY PRODUCTS, VENUES, VENDORS, OR SERVICES MADE AVAILABLE ON OR THROUGH THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS, VENUES, VENDORS, OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE SERVICE; (iii) UNAUTHORIZED ACCESS TO, CORRUPTION OF, interference WITH, OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE SERVICE; (v) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US; OR (vi) ANY OTHER MATTER RELATING TO THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU. TO THE FULLEST EXTENT POSSIBLE BY LAW, THE RELEASED PARTIES’ COLLECTIVE MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR YOUR USE OF UTAHWEDS CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $100.

You agree to defend, indemnify, and hold harmless the Released Parties from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) your use of or reliance on any third-party content, (ii) your use of or reliance on any UtahWeds Content, or (iii) your breach of these Terms. We shall provide notice to you promptly of any such claim, suit, or proceeding.

Governing Law; Venue and Jurisdiction. By visiting or using the Site, you agree that the laws of the State of Utah, without regard to principles of conflict of laws of any state or jurisdiction, will govern these Terms and any dispute of any sort that might arise between you and UtahWeds or any of our affiliates. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of Utah, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of Utah.

Arbitration. Disputes between you and UtahWeds regarding the Site and our services should be reported to admin@UtahWeds.com . We will attempt to resolve any disputes you have with us. Because we are a neutral venue, we are not responsible for resolving any disputes between you and members regarding services or transactions. Any claim or controversy arising out of or relating to your use of this Site, to the goods or services provided through UtahWeds, this Agreement, or to any acts or omissions for which you may contend UtahWeds is liable, including but not limited to any claim or controversy as to arbitrability ("Dispute"), shall be finally, and exclusively, settled by arbitration. The arbitration shall be held before one arbitrator under the commercial arbitration rules of the Utah Uniform Arbitration Act ("UUAA") in force at that time. The arbitration shall be conducted in Salt Lake City, Utah. The arbitrator shall be selected pursuant to the UUAA rules. Should no UUAA rule regarding Utah selection of an arbitrator be in effect, the Member shall select an arbitrator from a panel of arbitrators acceptable to UtahWeds. In any arbitration, the parties will split the cost of the filing fee, plus the costs associated with the first day of arbitration, with the remaining costs of arbitration paid by the non-prevailing party. To begin the arbitration process, a party must make a written demand therefore.

Any judgment upon an award rendered by the arbitrators may be entered in any court of competent jurisdiction in Salt Lake City, Utah. The arbitrators shall not have the power to award damages in connection with any Dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of an arbitration under this Agreement with an arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved.

THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND UTAHWEDS WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTION LAWSUITS. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY. You are entitled to a fair hearing, but the arbitration procedures are simpler and more limited than rules applicable in court. Arbitrator decisions are enforceable as any court order and are subject to very limited review by a court. By using UtahWeds's goods and services or the Site, you consent to these restrictions.

Should a Dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and UtahWeds, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state courts sitting in Salt Lake City, Utah and federal courts sitting in Salt Lake City, Utah. If either party employs attorneys to enforce any right in connection with any Dispute or lawsuit, the prevailing party shall be entitled to recover reasonable attorneys' fees.

 

General Terms. These Terms constitute the entire agreement between you and UtahWeds concerning your use of the Service. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. The section titles and annotations in these Terms and Privacy Policy are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation.”

Contact Information

UtahWeds.com, LLC

Lehi, UT

801.901.3830

admin@utahweds.com