Terms of Service

 

Welcome to BowTied!  BowTied, LLC ("BowTied", "us" or "our") allows brides, grooms, members of the wedding party and family ("Wedding Party Participants") and wedding organizers, administrators and planners ("Organizers") to organize and communicate wedding event information, make that information easily available to guests attending the wedding ("Guests") and coordinate with vendors providing services to the wedding ("Vendors") (collectively "Manage the Wedding") via online websites and mobile applications.  BowTied also allows Vendors to advertise directly to the Guests, who opt in for such service, through individual wedding sites and mobile applications.  This agreement, Privacy Policy and any supplemental terms, legal notices and other communications sets forth our Terms of Service ("TOS"), which govern all use of our Services provided by our online and mobile software and system.

 

1. ACCEPTANCE OF TERMS

 

 1.1 Overview.  The TOS govern all use by you as a (a) bride, groom, Wedding Party Participant or Organizer; (b) Guest or (c) Vendor of:

 

a. BowTied websites and domains (including all webpages, subdomains and subparts therein contained which shall be collectively referred to as the "Sites")

 

b. any and all services available on or through the Sites or otherwise provided by BowTied for the wedding event, and

 

c. all Software (as defined below) (collectively, the "Services").

 

The Services are owned and operated by BowTied.  The Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on the Sites by BowTied.

 

BY USING OR ACCESSING ANY PART OF THE SERVICES, YOU AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN AND ALL OTHER OPERATING RULES, POLICIES AND PROCEDURES THAT MAY BE PUBLISHED FROM TIME TO TIME ON THE SITES BY BOWTIED.  IF YOU DO NOT UNEQUIVOCALLY AGREE TO ALL SUCH TERMS, CONDITIONS, RULES, POLICIES OR PROCEDURES, DO NOT USER ACCESS THE SERVICES.

 

THESE TOS MAY BE MODIFIED OR AMENDED ONLY (I) ON A WEDDING EVENT BY EVENT BASIS THROUGH A WRITTEN SERVICES AGREEMENT OR WRITTEN ADDENDUM AGREEMENT TO THESE TOS SIGNED BY YOU AND AN AUTHORIZED OFFICER OF BOWTIED OR (II) BY BOWTIED AS PROVIDED IN SECTION 1.2 BELOW.

 

 1.2 Modification. BowTied reserves the right, at its sole and unfettered discretion, to modify, amend, remove or replace any (or all) of the terms or conditions of these TOS at any time.  It is your responsibility to review these TOS periodically as the then-existing TOS will govern.  Your continued use of the Services following the posting of any changes, amendments, additions or deletions to these TOS constitutes acceptance of those changes.  If any change to these TOS is not acceptable to you, your sole and exclusive remedy is to cease accessing, browsing and otherwise using the Services.

 

 1.3 Language. We may translate these TOS, our Privacy Policy or any other agreements, rules, policies and/or procedures that may be published from time to time on the Sites into other languages for your convenience.  The English language version of each of these documents is the version that governs your use of the Services and in the event of any conflict between the English language version and a translated version, the English language version will control.

 

2.  YOUR USE OF THE SERVICES

 

 2.1 The Services. BowTied hereby grants you a non-exclusive, non-transferable, non-assignable, non-sublicensable right to access and to use the Services solely for the purposes of Managing the Wedding and for Vendors to create and distribute offers, discounts, promotions and other related messages, in each case (i) in compliance with these TOS, and (ii) to the extent permitted under all applicable laws and regulations (foreign and domestic).  Notwithstanding the foregoing, you shall not, and shall not permit anyone else to, directly or indirectly: (a) modify, reproduce or otherwise create derivatives of any part of the Services or Site Content (as defined below); (b) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence and organization of all or any part of the Services (except that this restriction shall not apply to the limited extent restrictions on reverse engineering are prohibited by applicable local law); (c) rent, lease, resell, distribute or use the Services for timesharing, service bureau, or commercial purposes; (d) remove or alter any proprietary notices or labels on or in the Services or Site Content or (e) engage in any activity that interferes with or disrupts the Services.

 

 2.2 Software. If you are allowed to download or to use any Software in connection with the Services, BowTied hereby grants you a personal, non-transferable, non-assignable, non-sublicensable, freely revocable, non-exclusive license to use the Software solely for your internal use in connection with the Services, and only in accordance with these TOS and the written instructions/directions (if any) provided by BowTied in conjunction with the Software.  The Software and related documentation are "commercial computer software" and "commercial computer software documentation," respectively, as such terms are used in United States Federal Acquisition Regulations Section 12.212.  Any use, duplication or disclosure of the Software or such documentation by or on behalf of the U.S. Government is subject to restrictions as set forth in these TOS.  For purposes of these TOS, "Software" shall also include any and all software that is available on or through the Sites or otherwise provided by BowTied, including without limitation any mobile applications that may be implemented in the future.  The Software is a part of the Services hereunder.

 

3. YOUR REGISTRATION OBLIGATIONS.

 

To be a registered user of the Services you agree to provide true, accurate, current and complete information about yourself as prompted by the Site registration form or directly to BowTied (the "Registration Data") and to maintain and promptly update, if necessary, the Registration Data to keep it true, accurate, current and complete.  BowTied agrees to protect your personal information in accordance with it Privacy Policy, also available on the Sites.  If you provide any information that is untrue, inaccurate, not current or incomplete, or BowTied has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, BowTied has the right to suspend or terminate all of your accounts and refuse any and all of your current or future use of the Services (or any portion thereof).  BowTied is concerned about and committed to the safety and privacy of all its users and visitors, particularly children.  For this reason, and to be consistent with the terms of use of any service provider or other third party service provider, you must be at least 18 years of age, or the legal age of majority where you reside if that jurisdiction has an older age of majority, to use the Services.

 

4. TERMS OF SALE; NO RECOURSE AGAINST BOWTIED.

 

BowTied may, from time to time, display or otherwise announce offers or other promotional material from various Vendors or other merchants, retailers or similar entities (collectively, the "Merchants").  The Merchants are fully responsible for resolving any and all issues, concerns and/or complaints with respect to the terms and conditions of any offer(s), including, but not limited to the purchase, refund, credit (or other transaction) related to any offer displayed or otherwise made available on the Sites or through the Services.  The Merchants are fully responsible for all goods and services marketed, sold or otherwise provided to you as well as for any and all injuries, illnesses, damages, claims, liabilities and costs ("Liabilities"), if any, they may cause you to suffer, directly or indirectly, in full or in part, whether related to the purchase or use or otherwise.  You waive, release and agree to hold harmless BowTied and its subsidiaries, affiliates, partners, officers, directors, employees and agents from any Liabilities arising from or related to any act or omission of a Merchant in connection with your purchase and/or use of any item(s) or services displayed on BowTied.

 

5. ACCOUNT, PASSWORD AND SECURITY.

 

As part of the Site registration process, you will create a password and account.  You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your account, including, without limitation, all actions by sub-users registered under your account.  You agree to (a) immediately notify BowTied of any unauthorized access to or use of your password or account or any other breach of security and (b) ensure that you exit (log off) from your account at the end of each session.  BowTied cannot and will not be liable for any loss, damage or other liability arising from your failure to comply with this Section or from any unauthorized access to or use of your account.  In the event of any dispute between two or more parties as to account ownership, you agree that BowTied shall be the sole arbiter of such dispute in its sole and exclusive discretion and that BowTied's decision (which may include termination or suspension of any account subject to dispute) shall be final and binding on all parties concerned.

 

6. CONTENT

 

 6.1 Site Content. You agree that all material, including without limitation information, data, software, text, design elements, graphics, images and other content, contained in or delivered via the Services or otherwise made available by BowTied in connection with the Services (collectively, "Site Content") is protected by copyrights, trademarks, service marks, trade secrets or other intellectual property and other proprietary rights and laws.  BowTied may own the Site Content or portions of the Site Content may be made available to BowTied through arrangements with third parties.  Except as expressly authorized by BowTied in writing or in connection with your use of the intended functionality of the Services, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works of any Site Content or post any Site Content on any other web site or in a networked computer environment for any purpose whatsoever.  However, you may print or download a reasonable number of copies of the Site Content for your own informational purposes, provided that you retain all copyright and other proprietary notices contained therein.  Reproducing, copying or distributing any Site Content for any other purpose is strictly prohibited without the express prior written permission of BowTied.  You shall only use the Site Content for purposes that are permitted by these TOS and as permitted by all applicable laws and regulations (foreign and domestic).  Any rights not expressly granted herein are reserved.

 

 6.2 Your Content. You acknowledge and agree that if you contribute, provide or make available any Content to the Site ("Your Content"), subject to the terms of BowTied's Privacy Policy, you hereby grant to BowTied a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable (through multiple tiers) right and license to use, reproduce, adapt, modify, distribute, translate, publish, create derivative works based on, perform, display and otherwise exploit Your Content, in whole or in part, in any media now known or hereafter developed, for any purpose whatsoever.  You represent and warrant that you have all the rights, power and authority necessary to grant the foregoing license, and that all Your Content (i) does not infringe, violate, misappropriate or otherwise conflict with the rights of any third party and (ii) complies with all applicable laws and regulations (foreign and domestic).

 

6.3 Restrictions on Content. You understand that you are solely liable for all Content, in whatever form that you provide or otherwise make available to or through the Services, including to other users of the Services.  You agree not to use the Services to: (i) upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (ii) harm minors in any way; (iii) facilitate gambling, gaming, lotteries, raffles, contests, sweepstakes and/or any other activity featuring the award of a prize other than raffles, contests or sweepstakes which shall be conducted in a manner that complies with all applicable and governing laws and regulations; (iv) impersonate any person or entity, including, but not limited to, a BowTied representative or falsely state or otherwise misrepresent your affiliation with any person or entity; (v) upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (vi) upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other intellectual property or proprietary rights of any person or entity; (vii) upload, post, email, transmit or otherwise make available any Content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to otherwise interact with the Services in a manner not permitted by these TOS or expressly authorized by BowTied; (viii) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; or (ix) intentionally or unintentionally violate any applicable law or regulation (foreign or domestic), including without limitation (a) regulations promulgated by the U.S. Securities and Exchange Commission and any rules of any national or other securities exchange (e.g., the New York Stock Exchange, the American Stock Exchange or the NASDAQ) and (b) laws and regulations (foreign or domestic) regarding the sale or resale of tickets (including without limitation with respect to licensure requirements, maximums or limits on ticket prices, etc.).

 

 6.4 Certain Remedial Rights. You acknowledge that BowTied does not always pre-screen all Content provided or made available by you or any third party in connection with the Services, but that BowTied and its designees shall have the right (but not the obligation) in their sole and exclusive discretion to (i) monitor, alter, edit or remove any of Your Content, in whole or in part and/or (ii) rescind and terminate your right to use the Services at any time (with or without notice) for any reason or no reason.  You acknowledge and agree that BowTied may preserve Your Content and may also disclose Your Content for any reason, including without limitation if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these TOS; (iii) respond to claims that any of Your Content violates the rights of third parties and/or (iv) protect the rights, property, or personal safety of BowTied, its users and/or the public.  You understand that the technical processing and transmission of the Services, including Your Content, may involve (i) transmissions over various networks and/or (ii) changes to conform and adapt to technical requirements of connecting networks or devices.

 

6.5 The Digital Millennium Copyright Act of 1998. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who reasonably believe that material appearing on the Internet infringes their rights under U.S. copyright laws.  If you believe in good faith that any Content made available in connection with the Services infringes your copyright, you (or your agent) may send us a notice requesting that the Content be removed or access to it blocked.  Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA (see http://www.loc.gov/copyright  for details). DMCA notices and counter notices should be sent to:

 

BowTied

Attn: DMCA Notice

4521 Sharon Road, Suite 375

Charlotte, NC 28209

 

7. OWNERSHIP.

 

The Sites and/or Services (including past, present and future versions) and all content that are included in, on or that are otherwise a part of the Sites and/or Services (collectively, the "Content") are owned, controlled or licensed by us.  The entire contents of the Sites and/or Services (including the Content) are copyrighted under the United States copyright laws and/or similar laws of other jurisdictions.  Without limitation, we own a copyright in the selection, coordination, arrangement and enhancement of the Content on the Sites and/or in the Services.  Trademarks and service marks, including, which appear on the Sites and/or in the Services are the service and trademarks of ours or affiliated entities.  Without our prior written permission, you agree not to display or use, in any manner, any such marks and the Content may not be copied, modified, reproduced, downloaded or distributed in any way, in whole or in part, without the express prior written permission of us, unless and except as is expressly provided in these TOS.  Any unauthorized use of the Content is prohibited.

 

8. SPECIAL ADMONITIONS FOR INTERNATIONAL USE.

 

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content.  By way of illustration and not limitation, you agree to comply with all applicable laws and regulations (foreign and domestic) regarding the transmission of technical data exported from the United States or the country in which you reside if not the United States.  The Software and the transmission of applicable data are subject to United States export controls.  No Software may be downloaded or otherwise exported or re-exported in violation of U.S. export laws.  Downloading or using the Software is at your sole risk.  You shall also be responsible for using the Software in a manner that complies with all federal, state and local laws and the rules and regulations of all credit card companies.

 

9. ADDITIONAL SERVICES.

 

BowTied may, upon request and for such fees as BowTied may establish from time to time in its sole and exclusive discretion, provide additional services you beyond the functionality of the Site.  All such additional services, whether provided prior to, during or following your event, shall be deemed a part of the Services and subject to all the terms and conditions of these TOS.  Such additional services shall be set forth in a written Addendum Agreement to these TOS between you and an authorized officer of BowTied, and shall set forth the Service Fees and the other terms and conditions relating to such additional services.

 

10. INDEMNITY.

 

You agree to fully and effectively defend, indemnify and hold, on demand, to the broadest extent allowed by law, BowTied, and each of its former, present and future officers, directors, shareholders, agents, designees, employees, assignees, successors, independent contractors, assigns, administrators, principals, parents, subsidiaries, affiliates, divisions, partners, co-venturers, members and attorneys harmless, at your sole cost and expense, from and against any and all claims, liabilities, losses, demands, actions, causes of action, notices, proceedings, disputes, costs, expenses, liens, encumbrances, disagreements and notices, including without limitation, reasonable attorneys and accountancy fees and all costs in any manner related thereto in whole and in part ("Claim(s)"), further including without limitation, any and all attorneys' fees, experts' fees, accountants' fees and actual costs occasioned by or arising out of any actual, alleged or anticipated breach (each a "Breach") by you of these TOS, or any claim inconsistent with any agreement, covenant, representation, warranty or promise made or assumed by you hereunder or otherwise with respect to the rights and/or privileges granted to you by BowTied.  You will fully reimburse BowTied on demand for any and all payments made by or on behalf of BowTied at any time in respect of any claim to which the foregoing indemnity relates.  BowTied agrees to give you written notice of any such claim to which the foregoing indemnity relates and you shall immediately undertake at your own cost and expense the defense thereof, including attorneys' fees, arising out of or related to any products or services purchased by you in connection with the Site or any use of the Site in violation of this Agreement.

 

11. SERVICE MODIFICATIONS/SUSPENSIONS.

 

BowTied reserves the right at any time to, and from time to time may, modify, suspend or discontinue, temporarily or permanently, the Services (or any part thereof) for any reason or no reason with or without notice.  You agree that BowTied shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.

 

12. TERMINATION.

 

BowTied, in its sole discretion, may terminate your password, accounts (or any part thereof) and/or your right to use the Services, and remove and discard any and all of Your Content within the Services, at any time for any reason or no reason, including, without limitation, for lack of use, failure to timely pay any fees or other monies due BowTied, or if BowTied believes that you have violated or acted inconsistently with the letter or spirit of these TOS.  You agree that any termination of your use of the Services may be effected without prior notice, and acknowledge and agree that BowTied may immediately deactivate or delete your account and all related Content and files related to your account and/or bar any further access to such files or the Services.  Further, you agree that BowTied shall not be liable to you or any third-party for any termination of use of or access to the Services.  All provisions of these TOS that by their nature should survive termination of your right to use the Services shall survive (including, without limitation, all limitations on liability, releases, indemnification obligations, disclaimers of warranties and intellectual property protections and licenses).

 

13. LINKS.

 

The Services may provide, or third parties may provide, links to other Internet websites or resources.  Because BowTied has no control over such websites and resources, you acknowledge and agree that BowTied is not responsible for the availability of such websites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, services or other materials on or available from such websites or resources.  You further acknowledge and agree that BowTied shall not be responsible or liable for any damage or loss caused or alleged to be caused by or in connection with any use of or reliance on any such Content, advertising, products, services or other materials available on or through any such website or resource.

 

14. DISCLAIMER OF WARRANTIES.

 

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BOWTIED HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, ON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.  BOWTIED MAKES NO WARRANTY THAT: (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE SERVICES THEMSELVES (OR ANY PART THEREOF) WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE SERVICES WILL BE CORRECTED.

 

BOWTIED IS NOT RESPONSIBLE AND SHALL HAVE NO LIABILITY FOR THE CONTENT, PRODUCTS, SERVICES, ACTIONS OR INACTIONS OF ANY VENDOR, ORGANIZER, GUEST, BRIDE, GROOM, WEDDING PARTY OR THIRD PARTY BEFORE, DURING AND/OR AFTER AN WEDDING EVENT AND BOWTIED WILL HAVE NO LIABILITY WITH RESPECT TO ANY WARRANTY DISCLAIMED IN (I) THROUGH (V) ABOVE.  YOU ACKNOWLEDGE THAT BOWTIED HAS NO CONTROL OVER THE TRUTH OR ACCURACY OF ANY CONTENT OR THE ABILITY OF ANY USER TO PERFORM OR ACTUALLY COMPLETE A TRANSACTION.

 

BOWTIED IS NOT AFFILIATED WITH, AND HAS NO AGENCY OR EMPLOYMENT RELATIONSHIP WITH, ANY THIRD PARTY SERVICE PROVIDER USED IN CONJUNCTION WITH THE SERVICES, AND BOWTIED HAS NO RESPONSIBILITY FOR, AND HEREBY DISCLAIMS ALL LIABILITY ARISING FROM, THE ACTS OR OMISSIONS OF ANY SUCH THIRD PARTY SERVICE PROVIDER.  THE FOREGOING DISCLAIMERS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

 

Notwithstanding the foregoing, you may report the misconduct of any user and/or third parties in connection with the Site or any Services to BowTied.  BowTied, in its sole discretion, may investigate the claim and take necessary action.

 

15. LIMITATION OF LIABILITY.

 

BOWTIED SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WITH RESPECT TO THE SERVICES, OR ANY OTHER SUBJECT MATTER OF THESE TOS, FOR: (I) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BOWTIED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), (II) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, (III) AMOUNTS IN EXCESS OF US$100.00 IN THE AGGREGATE FOR ALL CLAIMS FROM A GIVEN WEDDING WITH RESPECT TO THE SERVICES OR (IV) ANY MATTERS BEYOND BOWTIED’S REASONABLE CONTROL.  BOWTIED SHALL HAVE NO LIABILITY WITH RESPECT TO ANY OF YOUR CONTENT OR ANY CONTENT OF ANY OTHER USER OF THE SERVICES.  THE FOREGOING LIMITATIONS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

 

16. RELEASE.

 

IN CONSIDERATION OF BEING PERMITTED TO ACCESS AND USE THE SERVICES, YOU HEREBY AGREE TO RELEASE BOWTIED, AND EACH OF ITS FORMER, PRESENT AND FUTURE OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, DESIGNEES, EMPLOYEES, ASSIGNEES, SUCCESSORS, INDEPENDENT CONTRACTORS, ASSIGNS, ADMINISTRATORS, PRINCIPALS, PARENTS, SUBSIDIARIES, AFFILIATES, DIVISIONS, PARTNERS, CO-VENTURERS, MEMBERS AND ATTORNEYS, AS WELL AS EACH OF THE FORMER, PRESENT AND FUTURE OFFICERS, DIRECTORS, AGENTS, CO-BRANDERS, OTHER PARTNERS, AND EMPLOYEES (TO THE EXTENT APPLICABLE) FROM ALL DAMAGES (WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE), LOSSES, LIABILITIES, COSTS AND EXPENSES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH DISPUTES BETWEEN YOU AND THIRD PARTIES IN CONNECTION WITH THE SERVICES, YOUR ACCESS AND USE OF THE SERVICES, OR YOUR WEDDING EVENT.

 

IN CONNECTION WITH THE FOREGOING RELEASE, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE 1542 AND ANY OTHER APPLICABLE LAW OR STATUTE, WHICH SAYS, IN SUBSTANCE: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

 

17. PRIVACY.

 

You understand that much of the information that you submit to us is submitted precisely for the purpose of disclosure in a variety of ways by BowTied, and therefore such information is not (and necessarily cannot be) subject to any confidentiality obligation.  BowTied values and covenants to protect, to the extent commercially reasonable, the security, confidentiality and privacy of all information it receives or collects.  All information provided by you or collected by BowTied in connection with the Services is governed by BowTied's Privacy Policy, the operative version of which is accessible at http://www.bowtied.com/privacy-policy.  THE PRIVACY POLICY FORMS PART OF OUR AGREEMENT WITH YOU AND IS EXPRESSLY INCORPORATED IN THIS AGREEMENT BY REFERENCE.  BowTied strongly recommends that you review the Privacy Policy closely.  You should note that BowTied may use information it receives or collects regarding users in accordance with the terms of its Privacy Policy.  Further, some information submitted or provided by you to the Services may be publicly accessible.  While BowTied will be as proactive and vigilant about the security of Personal Data and other information, it cannot provide for such security if information is publicly accessible or otherwise viewable to others.  Accordingly, you should take care to protect private or other information that is important to you.  BowTied shall not be responsible for protecting any such information and will not be liable or otherwise responsible for the security of information transmitted in electronic mail or other information transferred through the Internet or any other network that you may use.  BowTied does not control and shall not be responsible for the acts of you or any other users of the Services.

 

18. NOTICE.

 

Notices to you may be made via either email or regular mail to the address in BowTied's records.  The Services may also provide notices of changes to these TOS or other matters by displaying notices or links to notices to you generally on the Services.  Any notice from you to us shall be sent in writing to our mailing address at BowTied, P.O. Box 1522, Indian Trail, NC 28079, USA, Attn: Legal.

 

19. TRADEMARK INFORMATION.

 

The trademarks, service marks, and logos of BowTied (the "BowTied Trademarks") used and displayed in connection with the Services are registered and unregistered trademarks or service marks of BowTied.  Other company, product, and service names used in connection with the Services may be trademarks or service marks owned by third parties (the "Third Party Trademarks", and, collectively with BowTied Trademarks, the "Trademarks").  The offering of the Services shall not be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed in connection with the Services without the prior written consent of BowTied specific for each such use.  The Trademarks may not be used to disparage BowTied, any third party or BowTied's third party's products or services, or in any manner (in BowTied's sole judgment) that may damage any goodwill in the Trademarks.  Use of any Trademarks as part of a link to or from any site is prohibited unless BowTied approves the establishment of such a link by prior written consent specific for each such link.  All goodwill generated from the use of any BowTied Trademark shall inure to BowTied's benefit.

 

20. GENERAL

 

 20.1. This Agreement, together with the Privacy Policy and any other legal notices or policies published by BowTied on the Sites or addendum executed as provided herein shall constitute the entire agreement between you and BowTied other than any Addendum Agreement between you and an authorized officer of BowTied relating to a specified wedding event.  You also may be subject to additional terms and conditions that may apply when you use affiliate services, third party Content or third party software or the Services in a manner other than as governed by these TOS.  This Agreement supersedes any prior agreement, whether written or oral, relating to the subject matter herein.  No waiver, modification or amendment of any of these terms and conditions shall be effective against BowTied unless in writing and signed by an authorized representative of BowTied.  BowTied does not waive any power or right under this Agreement or otherwise even if timely or strict compliance is not always insisted upon.  All rights and remedies provided to BowTied in this Agreement are cumulative and not exclusive of any other rights or remedies which BowTied otherwise has at law, in equity or otherwise.  These terms and conditions shall be binding upon you and your executors, heirs, successors and assigns.  If any provision of our Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement, and the remaining portions of this Agreement shall continue in full force and effect.

 

 20.2 Choice of Law & Venue.  Any disputes arising out of or related to these TOS and/or the Sites or Services shall be governed by the internal laws of the State of North Carolina without regard to its choice of law rules and without regard to conflicts of laws principles.  Any such claim or dispute between you and BowTied arising out of or relating to this Agreement shall be decided exclusively by a court of competent jurisdiction located in the State of North Carolina.  Either you or BowTied may seek any interim or preliminary relief from a court of competent jurisdiction in North Carolina, necessary to protect the rights or property of you or BowTied (or its agents, suppliers, and subcontractors) pending the completion of any judicial proceeding.

  Notwithstanding the foregoing, any dispute or claim arising out of or relating in any way to your visit to the Sites or your use of the Services made available through the Sites, these TOS, this Agreement, the Privacy Policy or the validity or enforceability of this arbitration agreement will be resolved by binding arbitration, rather than in court.  This Agreement and any arbitration shall be governed by the Federal Arbitration Act.  There is no judge or jury in arbitration, and court review of an arbitration award is limited.  However, an arbitrator can award on an individual basis the same damages and relief (including injunctive and declaratory relief or statutory damages) as a court, and must follow the provisions of these TOS as a court would.  You and us may be able to recover attorney’s fees in arbitration as you/we would in court if they are available under applicable law.  For any claim that could otherwise be brought in small claims court, the arbitration shall be conducted solely based on written submissions and, if the arbitrator deems it appropriate, a telephonic hearing.  If the claim exceeds what can be recovered in a small claims court, and the arbitrator deems a face-to-face hearing is appropriate, the hearing will be conducted in the county where you live or at another mutually agreed location that is convenient to you.  A decision by the arbitrator (including any finding of fact and/or conclusion of law) against either you or us shall be confidential unless otherwise required to be disclosed by law or by any administrative body and may not be collaterally used by either you or us in existing or subsequent litigation or arbitration involving any other person or our customer.

 

 20.3 Waiver; Invalid Provisions. The failure or delay of BowTied to exercise or enforce any right or provision of these TOS shall not constitute a waiver of such right or provision.  No oral waiver, amendment or modification shall be effective under any circumstance whatsoever.  If any provision of these TOS is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these TOS shall remain in full force and effect.

 

 20.4 Time to File Claim. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these TOS must be filed within two (2) years after such claim or cause of action arose or be forever barred.

 

 20.5 Violations. Please report any violations of these TOS by email to info@bowtied.com.

 

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