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About
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MEMBERSHIP AGREEMENT AND TERMS AND CONDITIONS OF USE

North Fork Weddings Inc. ("North Fork Weddings") operates a marketing program that entitles members (each, a "Member") to receive certain benefits (e.g., discounts, promotions, etc.) when they present their East End Experience card at the time of a purchase of goods and/or services at Participating Establishments (as defined below) (the "Discounts Program").

This membership agreement and terms and conditions of use (this "Agreement") sets forth the terms and conditions of your membership in the Discounts Program including, without limitation (i) the terms and conditions of the benefits, if any, to be provided by Participating Establishments to you ("you"), when you purchase goods and/or services at Participating Establishments, and (ii) the terms and conditions of use upon which North Fork Weddings allows you to access and use the East End Experience web site (the "East End Experience Site"). By accessing and browsing the East End Experience Site and/or becoming a member of the Discounts Program whether online, by phone or otherwise, you accept, without limitation or qualification, this Agreement and agree, without limitation or qualification, to the terms and conditions of this Agreement. Please note that North Fork Weddings Inc. and/or its affiliates may administer or operate or offer other Discounts Programs other than the Discounts Program ("Other Programs"), for or together with other companies at the sole discretion of North Fork Weddings. This Agreement does not govern such Other Programs.

1. Becoming A Member

In order to become a member of and participate in the Discounts Program, you must purchase an East End Experience Card through the East End Experience Site, by mail or at a participating retail store. Notwithstanding anything contained in this Agreement to the contrary, you will not be eligible for any benefits of the Discount Program unless and until you become a Member of the Discounts Program by purchasing an East End Experience Card.

2. General Information Regarding the Discounts Program

Certain restaurants, hotels and other merchants have entered into agreements with North Fork Weddings pursuant to which such restaurants, hotels and other merchants (each a "Participating Establishment") have agreed to participate in the Discounts Program. Participating Establishments shall include but are not limited to lodging establishments, dining establishments, retailers, wineries and any other business that provides a good or service to the consumer market and has become a Participating Establishment. Subject to the terms and conditions of this Agreement, upon becoming a Member of the Discounts Program, you will be eligible to benefits (the "Benefits") from Participating Establishments when you present your East End Experience Card at the time of purchase or payment of your bill at a Participating Establishment. Subject to the terms and conditions of this Agreement, such Benefits will vary depending on the benefit agreed to by the Participating Establishment at the time it agreed to participate in the Discounts Program. The Benefits are subject to change at any time and are defined for each Participating Establishment on the East End Experience Site (www.eastend experience.com).

Benefits may consist of discounts, free admission, free gift, free product or service or any other benefit as agreed in the sole discretion and subject to change at any time by North Fork Weddings. North Fork Weddings makes no representation, warranty or guaranty as to (a) the value, if any, of the Benefits, (b) your ability, if any, to use the Benefits, (c) the benefits, if any, associated with or arising from the Benefits, or (d) any other matter relating to the Benefits. In particular, and without limiting the foregoing in any way, North Fork Weddings shall have no liability or obligation and shall not be responsible in any way whatsoever in the event that the Benefits are not honored by a Participating Establishment for any reason or in the event that limitations and/or restrictions are placed on the use of the East End Experience Card and its Benefits. In addition, in the event the East End Experience Card is not honored by a Participating Establishment or limitations and/or restrictions are placed on the use of the East End Experience Card, North Fork Weddings shall have no obligation to provide you with any replacement or additional Benefits as a result thereof.

A current list of Participating Establishments is available on the East End Experience Site (www.eastendexperience.com). Participating Establishments are added to or withdrawn from the Discounts Program from time to time and may vary awards by day. If a particular establishment does not appear in the East End Experience Site on the date you purchase a service or product from such establishment, then such establishment is not currently participating in the Discounts Program and shall not be deemed a Participating Establishment for purposes of this Agreement.

Notwithstanding anything in this Agreement to the contrary, Benefits will not be given for any of the following transactions (a) transactions with restaurants which are not Participating Establishments on the date you dine at such restaurants (regardless of whether such restaurants were Participating Establishments at the time you made a reservation to dine at such restaurants), (b) transactions with hotels which are not Participating Establishments on the date you (i) make a reservation to stay at such hotels, or (ii) stay at such hotels (regardless of whether such hotels were Participating Establishments at the time you made a reservation to stay at such hotels), (c) transactions with merchants other than restaurants or hotels which are not Participating Establishments on the date you receive services from such merchants, or (e) transactions with Participating Establishments to the extent that the East End Experience Site indicates that no Benefits are being offered or given for the transaction in question (for example, as further discussed below, transactions with respect to certain restaurants will not be eligible for Benefits if such transactions occur on certain days of the week or dates during the year). Immediately prior to dining at, staying with, or otherwise transacting with a Participating Establishment, you should check the East End Experience Site to determine whether your transaction will be eligible for a Benefit. Any inquiries regarding specific Benefits or transactions should be submitted via the East End Experience Site or in writing to North Fork Weddings Inc.

2.1 Guidelines Relating to the Discount Program

You can find information about the Benefots you will be eligible for when you purchase goods or services at any Participating Establishment by accessing the East End Experience Site.

Notwithstanding anything contained in this Agreement to the contrary, Benefits are not available when used with coupons, other discount cards, or merchant promotions and/or any situation where a special pricing arrangement has been negotiated directly with the Participating Establishment.

3. Eligibility

In order to become a member of and participate in the Discounts Program (including, without limitation, receiving and/or using any services thereunder), you must be at least 18 years of age and otherwise be able to form a legally binding contract under applicable law.

4. Personal Use

The Discounts Program (including, without limitation, any services provided thereunder) and the East End Experience Site are made available for your personal, non-commercial use only. You may not use the Discounts Program (including, without limitation, any services provided thereunder) or the East End Experience Site to sell a product or service or to increase traffic to your web site for commercial reasons. You may not "meta-search" the East End Experience Site.

5. Ownership

Unless otherwise expressly noted, all materials, including, without limitation, all images, illustrations, designs, icons, photographs, software, video clips, and written and other materials that are part of the Discounts Program (including, without limitation, any services provided thereunder) and/or the East End Experience Site (collectively, the "Contents"), along with the Discounts Program (including, without limitation, any services provided thereunder) and the East End Experience Site as a whole, are protected by copyright, trademarks, trade dress and/or other intellectual properties owned by or licensed to North Fork Weddings. The East End Experience Site contains service marks, including, but not limited to EastEndExperience.com, NorthForkWeddings.com, SouthForkWeddings.com, EastEndCelebrations.com.

All rights in the intellectual property that is part of or contained in the Discounts Program (including, without limitation, any services provided thereunder) and the East End Experience Site including copyright, trademarks, trade secret and patent rights are reserved. You covenant that you will take no action to register or otherwise interfere with or challenge such intellectual property rights.

North Fork Weddings hereby authorizes you to make a single printed copy of the Contents of the East End Experience Site for your use in learning about, evaluating, or participating in the Discounts Program (including, without limitation, any services provided by thereunder). No right, title or interest in any downloaded materials or software is transferred to you as a result of any such copying. You agree that you will not alter or remove any copyright notice or proprietary legend contained in the Contents and you agree that any copy made shall include North Fork Weddings's or any third party provider's copyright notice or any other notice included therein. No other permission is granted to you to print, copy, reproduce, distribute, transmit, upload, download, store, display in public, alter, or modify, create derivative works from, compile facts or information from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the East End Experience Site, or any related software. You agree not to derive or attempt to derive the source code, source files or structure of all or any portion of the Contents by reverse engineering, disassembly, decompiling or otherwise. You may not use any robot, spider or other automatic device, nor may you use any manual process, to monitor materials available through the East End Experience Site without our express authorization.

6. Lawful Purpose

You shall participate in the Discounts Program (including, without limitation, using any services provided thereunder) and use the East End Experience Site for lawful purposes only. You shall not post or transmit through the East End Experience Site any material that violates or infringes in any way upon the rights of others, that is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, that constitutes hate speech intended to insult any race, skin color, religion, sexual orientation, or national origin, or is otherwise objectionable, or that encourages conduct that would constitute a criminal offence, gives rise to civil liability or otherwise violates any law, or that contains any computer viruses or computer programs that are intended to damage, detrimentally interfere with, or surreptitiously intercept or expropriate any system data or information.

Any conduct by you that, at North Fork Weddings' discretion restricts or inhibits any other Member from enjoying the East End Experience Site, will not be permitted. You shall not use the East End Experience Site to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of Members to become users, members or customers of other services.

7. Links

The East End Experience Site may contain links to third party services and resources. North Fork Weddings does not control the availability and content of these third party sites. Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular third party service or resource that provides the content. The existence of a link to a third party site does not constitute an endorsement or recommendation by North Fork Weddings of the third party or the third party's site. NORTH FORK WEDDINGS DISCLAIMS ALL LIABILITY FOR ANY LOSS OR DAMAGES ARISING FROM THE CONTENT OR PROVISION OF SERVICES OF ANY THIRD PARTY SERVICE OR RESOURCE.

While North Fork Weddings is proud to provide the East End Experience Site for your reference, you must receive North Fork Weddings' prior written permission before creating a link to the East End Experience Site. Upon request and under North Fork Weddings' terms and conditions, North Fork Weddings may, at its discretion, grant permission to link to the East End Experience Site and also to use its logo or other trademarks. Please contact us to request to link to the East End Experience Site or to use North Fork Weddings' trademarks. Any unauthorized links or false or misleading uses of the East End Experience Site or North Fork Weddings' trademarks or service marks is prohibited.

8. Member Comments, Feedback and Submissions

All comments, feedback, postcards, suggestions, ideas, and other information disclosed, submitted, conveyed or offered to North Fork Weddings on or by the East End Experience Site or otherwise disclosed, submitted or offered in connection with your use of the East End Experience Site or your membership in the Discounts Program (collectively, the "Comments") shall be and remain North Fork Weddings' property and may be reprinted by North Fork Weddings without your permission. Such disclosure, submission or offer of any Comments shall constitute an assignment to North Fork Weddings of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, North Fork Weddings will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. North Fork Weddings is and shall be under no obligation: (1) to maintain any Comments in confidence; (2) to pay you any compensation for any Comments; or (3) to respond to any of your Comments.

You agree that no Comments or any other submission submitted to the East End Experience Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments or other submission submitted by you to the East End Experience Site will be or contain libellous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.

9. Information That You Provide

North Fork Weddings assumes that you are the owner of, and/or have received all appropriate consents from the owners of, any and all material, information, intellectual property in any form, or other data you make available to North Fork Weddings. You are responsible for ensuring that the owner of the information has given you the permission to make the information available to other parties, whether to the general public or to specific groups or individuals. This permission must be royalty-free and grant the person(s) who see the information the non-exclusive right-to-use, transmit, modify, or display it.

10. Changed Terms

North Fork Weddings may from time to time change the terms and conditions and/or rules that govern your membership in the Discounts Program (including, without limitation, your receipt or use of any services provided thereunder) and/or use of the East End Experience Site. North Fork Weddings shall have the right at any time, without providing any notice, to change, modify, add or delete all aspects of its business and operations, including its Discounts Program (including, without limitation, any services provided by thereunder), or Other Discounts Programs, fee structure, terms and conditions, graphics, look and feel, and others, applicable to your use of the East End Experience Site, or any part thereof (the "Changed Terms"). The Changed Terms shall be effective immediately upon posting to the East End Experience Site or our providing notice thereof to you, which may be given by any means including, but not limited to, posting the Changed Terms on the East End Experience Site, or by electronic or conventional mail, or by any other means by which you obtain notice thereof. Any use of the Discounts Program or the East End Experience Site by you after such notice shall be deemed to constitute acceptance by you of the Changed Terms.

11. Disclaimer and Limitation of Liability

All information provided on the East End Experience Site (the "Information") is subject to change without notice. While efforts have been made to make the East End Experience Site helpful and accurate, due to the open nature of the East End Experience Site, and the potential for errors in the storage and transmission of digital information, North Fork Weddings does not warrant the accuracy of the Information.

North Fork Weddings does not provide a warranty regarding virus-free use of the East End Experience Site or use of any third party software, files, data or images downloaded from the East End Experience Site. Due to the frequent emergence of new viruses, procedures and precautions taken by North Fork Weddings still cannot ensure safety at all times. Therefore, you should follow standard practices for ensuring safety of your computer(s) and data, including but not limited to, installing the latest virus detection software on your computer(s) and configuring it to trap viruses at download time.

THE SERVICES PROVIDED BY NORTH FORK WEDDINGS WITH RESPECT TO THE DISCOUNTS PROGRAM, THE EAST END EXPERIENCE SITE AND ALL CONTENTS POSTED ON THE EAST END EXPERIENCE SITE ARE PROVIDED "AS IS" AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, NORTH FORK WEDDINGS DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY THAT THE SERVICES SUPPLIED UNDER THIS AGREEMENT ARE OF A REASONABLY ACCEPTABLE QUALITY. NORTH FORK WEDDINGS DOES NOT WARRANT THAT FUNCTIONS CONTAINED ON THE EAST END EXPERIENCE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE EAST END EXPERIENCE SITE OR THE SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NORTH FORK WEDDINGS DOES NOT WARRANT OR REPRESENT THE USE OF THE CONTENTS IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

NORTH FORK WEDDINGS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONTINGENT, CONSEQUENTIAL, RELIANCE OR SPECIAL DAMAGES FOR HARM TO BUSINESS, LOST PROFITS, LOST SAVINGS OR LOST REVENUES, WHETHER OR NOT NORTH FORK WEDDINGS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NORTH FORK WEDDINGS SHALL NOT BE LIABLE FOR ANY DAMAGE THAT YOU MAY SUFFER ARISING OUT OF YOUR USE OF, OR INABILITY TO USE, THE DISCOUNTS PROGRAM (INCLUDING, WITHOUT LIMITATION, ANY SERVICES PROVIDED BY NORTH FORK WEDDINGS THEREUNDER) OR THE EAST END EXPERIENCE SITE, OR IN CONNECTION WITH THE SALE OF PRODUCTS OR SERVICES OF OTHER MEMBERS OR USERS OF NORTH FORK WEDDINGS VIA THE DISCOUNTS PROGRAM (INCLUDING, WITHOUT LIMITATION, ANY SERVICES PROVIDED BY THEREUNDER) OR THE EAST END EXPERIENCE SITE, INCLUDING WITHOUT LIMITATION, THE BREACH OF ANY OBLIGATION IMPOSED ON NORTH FORK WEDDINGS HEREUNDER OR IN CONNECTION HEREWITH, ARISING FROM CLAIMS BASED IN WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE EVEN IF NORTH FORK WEDDINGS WAS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. NORTH FORK WEDDINGS' LIABILITY IN ALL EVENTS IS LIMITED TO, AND SHALL NOT EXCEED, ANY FEES PAID TO NORTH FORK WEDDINGS IN THE PREVIOUS SIX (6) MONTHS.

YOU ACKNOWLEDGE, BY YOUR MEMBERSHIP IN THE DISCOUNTS PROGRAM (AND YOUR USE OF ANY SERVICES PROVIDED BY NORTH FORK WEDDINGS THEREUNDER) AND YOUR USE OF THE EAST END EXPERIENCE SITE, THAT SUCH MEMBERSHIP AND USE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE EAST END EXPERIENCE SITE, AND THAT NORTH FORK WEDDINGS SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THE EAST END EXPERIENCE SITE.

NORTH FORK WEDDINGS SHALL NOT BE LIABLE FOR UNAUTHORIZED ACCESS BY THIRD PARTIES TO YOUR TRANSMISSION FACILITIES OR PREMISE EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT, LOSS OR DESTRUCTION OF USERS NETWORK, SYSTEMS, APPLICATIONS, DATA FILES, PROGRAMS, PROCEDURES, OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD.

THESE LIMITATIONS OF LIABILITY SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, OR TORT, AND SHALL SURVIVE FAILURE OF AN EXCLUSIVE REMEDY. THIS PROVISION DOES NOT LIMIT NORTH FORK WEDDINGS' LIABILITY CAUSED BY NORTH FORK WEDDINGS' NEGLIGENCE RECOGNIZED AND AWARDED IN A COURT OF LAW.

12. Indemnification

You agree to defend, indemnify and hold, its subsidiaries, affiliates, successors and assigns, and their respective shareholders, directors, officers, employees and agents harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or relating to your improper use or receipt of any services provided by North Fork Weddings in connection with the Discounts Program, the East End Experience Site, or any violation by you of this Agreement including, without limitation, any errors, inaccuracies, misrepresentations or defects in any materials or information submitted by you.

13. Fees

As consideration for you becoming a member of the Discounts Program, you shall pay to North Fork Weddings any applicable fees (including membership fees) charged by North Fork Weddings from time to time, along with all applicable taxes thereon.

14. Non-Transferability or Assignment

Registration as a member of the Discounts Program or use or receipt of any services provided by North Fork Weddings thereunder is non-transferable. You shall not transfer your membership in the Discounts Program with North Fork Weddings to any other person or entity without the prior written consent of North Fork Weddings. Any such transfer or assignment without North Fork Weddings's written consent shall be null and void. North Fork Weddings may assign this Agreement, the Discounts Program and/or any rights under this Agreement or the Discounts Program to any person or entity without your consent.

15. Right to Cancel

This Agreement is effective unless and until terminated by either you or North Fork Weddings. Either you or North Fork Weddings may terminate this Agreement at any time, with or without cause. Notice is effective upon receipt of written notification from the party wishing to terminate this Agreement.

Upon any termination of this Agreement (1) you shall not be a member of the Discounts Program and shall have no right to participate in such program, (2) you shall not be authorized to access your account through the East End Experience Site or use any Contents, (3) North Fork Weddings may without notice deny access to your account through the East End Experience Site, and (4) you must promptly destroy all materials downloaded or otherwise obtained from the East End Experience Site, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise. The sections entitled "Ownership", "Member Comments, Feedback and Submissions", "Disclaimer and Limitation of Liability", "Indemnification", "Arbitration", "Jurisdiction" and "Governing Law" shall survive termination.

16. Complete Agreement

This Agreement and any rules, policies or guidelines posted on the East End Experience Site, including the Privacy Policy, constitute the entire agreement between North Fork Weddings and you with respect to the subject matter hereof. In the event of any conflict between this Agreement and any information posted on the East End Experience Site, this Agreement shall govern.

17. Severability

If any provision of this Agreement shall be deemed illegal or unenforceable, such illegality or unenforceability shall not affect the validity and enforceability of any other legal provision hereof, which together shall then be construed as if such illegal and unenforceable provision or provisions had not been inserted herein, unless such illegality or unenforceability shall destroy the underlying business purpose of this Agreement.

18. Arbitration

Any claim, dispute or controversy (whether in contract or tort, pursuant to statute or regulation or otherwise, and whether pre-existing, present or future) arising out of or relating to: (a) this Agreement; (b) the Privacy Policy; (c) oral or written statements, advertisements or promotions relating to this Agreement; or (d) the relationships that result from this Agreement (including relationships with third parties who are not signatories to this Agreement) (collectively, the "Claim"), will be referred to and determined by arbitration (to the exclusion of the courts). You agree to waive any right you may have to commence or participate in any class action against us related to any claim and, where applicable, you also agree to opt out of any class proceeding against us.

If you have a Claim, you must give written notice (in accordance with Section 21 below) to North Fork Weddings of your intention to arbitrate. If North Fork Weddings has a Claim, North Fork Weddings will give you notice to arbitrate at your addresses. Arbitration of Claims will be conducted in such forum and pursuant to such rules as North Fork Weddings and you agree upon, and failing agreement will be conducted by one arbitrator pursuant to the laws and rules relating to commercial arbitration in the State of Illinois that are in effect on the date of the notice to arbitrate.

19. Jurisdiction and Governing Law

This Agreement is governed by and shall be construed in accordance with the laws of the State of New York and the County of Suffolk, without regard to the choice of law provisions, and you and North Fork Weddings hereby submit to the exclusive jurisdiction of the courts of the State of Illinois.

You agree and acknowledge that your use of any and all services provided by North Fork Weddings in connection with the Discounts Program and the East End Experience Site shall be deemed to have occurred and taken place solely in the State of Illinois. Any disputes in connection with the use of the North Fork Wedding Site or its Contents will be governed by the laws of the State of Illinois, without regard to the choice of law provisions. You expressly consent to the exclusive forum, jurisdiction, and venue of the courts of State of Illinois in any and all actions, disputes, or controversy relating hereto.

20. Notice

Notices and any other requests to North Fork Weddings shall be sent to:

North Fork Weddings Inc.
PO Box 1018
Southold, NY 11971

21. Currency

All Benefits are based upon US dollars.