Keeping Weddings in Sync.

Bowtie Turtle Terms and Conditions

Terms and Conditions These Terms of Use ("Agreement") describe the terms and conditions (the "Terms") applicable to your use of the services of Bowtie Turtle. ("Bowtie Turtle" or "We"), available at Bowtie Turtle.com (the "Site"). By using the Site, you signify your acceptance of these Terms. If you do not agree to these terms, please do not use this Site. We reserve the right to amend these Terms from time to time without notice. All modified terms and conditions shall take effect immediately after posting to the Bowtie Turtle Website. We encourage you to review this page periodically because any changes will be binding on you. This Agreement may not be modified, amended, and/or changed by you in any manner; however, you may choose to terminate your membership at your choosing. This Agreement is effective on April 15th, 2012 for all users.

Terms of Service For BowtieTurtle.com

ACKNOWLEDGMENT OF TERMS.

You acknowledge that you have read the terms and conditions of use and that you accept the Terms thereof. YOU AGREE TO READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. If you do not agree to these terms and conditions of use, you may not access or otherwise use this Site.

USE OF INFORMATION COLLECTED.

BowtieTurtle.com may monitor your use of this Site, and may use the information gathered to improve service and enhance the Site. CHANGES TO TERMS. BowtieTurtle.com reserves the rights at its sole discretion, to change, modify, add or remove any portion of these Terms, in whole or in part, at any time. Notification of changes in the Terms will be posted on the Site.

CHANGES TO SITE.

BowtieTurtle.com may change, suspend or discontinue any aspect of the Site at any time, including the availability of any Site feature, database, or content. BowtieTurtle.com may also impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability.

ELIGIBILITY.

By using the Site, you represent and warrant that you have the right, authority and capacity to agree to these Terms and to abide by all of the terms and conditions herein. Our services are available only to individuals that can form legally binding contracts under applicable law.

BETA TESTING NOTICE.

The Site is currently in a final user testing (“Beta Testing”) Phase. The design of the Site and Services at this time (the “Beta Site”) may be changed prior to general availability from BowtieTurtle.com without notice, and BowtieTurtle.com does not guarantee that compatibility of the Beta Site can or will be maintained with subsequent versions of Beta Site or the Site, that may become generally available from BowtieTurtle.com. BowtieTurtle.com reserves the right to withdraw any Beta Site from Beta Testing and never release it as a Service. THE BETA SITE IS PROVIDED "AS IS" WITHOUT WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Beta Site User remains solely responsible for the design of Beta Site User’s results. IN NO EVENT WILL BowtieTurtle.com BE LIABLE FOR ANY DAMAGES UNDER THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOST SAVINGS OR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY BETA SITE USER BASED ON A THIRD PARTY CLAIM. The Beta Site may not be at the level of performance, compatibility or safety of generally available BowtieTurtle.com services or comparable services. Beta Site User understands and agrees BowtieTurtle.com Software makes no representation or warranties regarding use of the Beta Site. Beta Site User shall have sole responsibility for adequate protection and backup of their data or equipment used in connection with the Beta Site and Beta Site User shall not claim against BowtieTurtle.com for lost data or any other damages arising from use of the Beta Site.

INFORMATION PROVIDED BY USERS.

You are responsible for providing accurate, current and complete information in connection with your registration for use of the Site. BowtieTurtle.com is not responsible for any claims relating to any inaccurate, untimely or incomplete information provided by users of the Site. Your covenant that your use of the Site, including but not limited to the Content you publish or display (hereinafter, "post") on the Site, will be in accordance with any and all applicable laws and regulations.

You are solely responsible for any Content, messages, photos, videos, reviews or profiles that you publish, display or post on the Profile Site, or transmit to other users. You will not post on the Site, or transmit to other users, any content that: (i) restrict or inhibit any other user from using and enjoying the Site, (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus or other harmful component, (vi) contain any information, software or other material of a commercial nature, (vii) contain advertising of any kind, or (viii) constitute or contain false or misleading indications of origin or statements of fact; You will not provide inaccurate, misleading or false information to BowtieTurtle.com or to any other user of the Site.

You understand and agree that BowtieTurtle.com may review and delete any Content, in each case in whole or in part, that in the sole judgment of BowtieTurtle.com violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users of the Site or otherwise threaten the business and/or operations of BowtieTurtle.com.

Opinions, advice, statements, offers, or other information or content made available on the Site or through the Service, but not directly by BowtieTurtle.com, are those of their respective authors. Such authors are solely responsible for such content.

BowtieTurtle.com does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Site or available through the Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Site or through the Service. Under no circumstances will BowtieTurtle.com or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Site or transmitted to or by any user of the Site or Service.

PRIVACY.

BowtieTurtle.com's Privacy Policy sets forth additional terms and conditions applicable to the information you provide on the Site. For more information, see our full Privacy Policy page.

INDEMNIFICATION.

You hereby agree to indemnify, defend and hold BowtieTurtle.com, and all its officers, directors, owners, agents, employees, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of the Terms or the foregoing representations, warranties and covenants, including, without limitation, attorneys' fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim. BowtieTurtle.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of BowtieTurtle.com.

LINKS TO EXTERNAL SITES.

Links from the Site to external sites (including external sites that are framed by BowtieTurtle.com) or inclusion of advertisements do not constitute an endorsement by BowtieTurtle.com of such sites or the content, Services, advertising and other materials presented on such sites or of the Services and services that are the subject of such advertisements, but are for users' reference and convenience. Users access them at their own risk. It is the responsibility of the user to evaluate the content and usefulness of the information obtained from other sites. BowtieTurtle.com does not control such sites, and is not responsible for their content. Just because BowtieTurtle.com has hyperlinks to such sites does not mean that BowtieTurtle.com endorses any of the material on such sites, or has any association with their operators. Users further acknowledge that use of any site controlled, owned or operated by third parties is governed by the terms and conditions of use for those sites, and not by BowtieTurtle.com's Terms and Privacy Policy. BowtieTurtle.com expressly disclaims any liability derived from the use and/or viewing of links that may appear on this Site. All users hereby agree to hold BowtieTurtle.com harmless from any liability that may result from the use of links that may appear on the Site.

DISCLAIMER OF WARRANTIES.

THE SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, BOWTIETURTLE.COM AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE SITE OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE APP USED ON OR ACCESSED THROUGH THE SITE, FOR ANY SERVICES OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR ANY LINKED SITE. FURTHER, BOWTIETURTLE.COM AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BOWTIETURTLE.COM DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BOWTIETURTLE.COM AND ITS SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE FOR THE USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.

LIMITATION OF LIABILITY.

In no event will BowtieTurtle.com be liable for any damages, including without limitation direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with this Site, your use of the Service, any information received from the Site, any email distributed to any user or any linked web site or use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if BowtieTurtle.com, or representatives thereof, are advised of the possibility of such damages, losses or expenses.

BowtieTurtle.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, mobile devices, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any web site or combination thereof, including injury or damage to users and/or App Owners or to any other person's computer related to or resulting from participating or downloading materials in connection with the Site and/or in connection with the Service. Under no circumstances will BowtieTurtle.com or any of its affiliates, advertisers, promoters or distribution partners be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Site or the Service, any Content posted on the Site or transmitted to App Owners, or any interactions between users of the Site, whether online or offline.

INDEMNIFICATION.

By using the Site and/or the Services, you agree to indemnify, defend and hold harmless BowtieTurtle.com, its directors, officers, employees, agents, managers, App Owners, licensors, attorneys, independent contractors, providers, subsidiaries, and affiliates (collectively referred to herein as " BowtieTurtle.com and Affiliates") from and against any and all claim, loss, expense or demand of liability, including attorneys' fees and costs incurred by BowtieTurtle.com and Affiliates in connection with any claim by a third party (including an intellectual property claim) arising out of (i) materials and content you submit, post or transmit through the Site, or (ii) use of the Site or the Service by you in violation of these Terms of Use or in violation of any applicable law. You further agree that they you cooperate as reasonably required in the defense of such claims. BowtieTurtle.com and Affiliates reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by users, and users shall not, in any event, settle any claim or matter without the written consent of BowtieTurtle.com. Users further agree to hold harmless BowtieTurtle.com and Affiliates from any claim arising from a third party's use of information or materials of any kind that users post to the Site.

PROHIBITED USE.

If you violate the terms of this Section or any other terms stated herein, BowtieTurtle.com reserves the right, at its sole discretion, to immediately terminate your use of the Site and, in addition, you agree to pay a $10,000 per day penalty fee for scraping, either in a manual or automatic manner other User or Member information, including but not limited to, names, addresses, phone numbers, or email addresses, copying copyrighted text, or otherwise misusing or misappropriating site content, including but not limited to, use on a "mirrored," competitive, or third party site. Although BowtieTurtle.com cannot monitor the conduct of its users off the Site, it is also a violation of these rules to use any information obtained from the Site or the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent. In order to protect our users from such advertising or solicitation, we reserve the right to restrict the number of emails which a user may send to other users to a number which we deem appropriate in our sole discretion. In order to protect the integrity of the Site and the Service, BowtieTurtle.com reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Site.

PAYMENT AND REFUND POLICY FOR APP OWNERS.

The basic services of BowtieTurtle.com are charged at the amounts stated in various places of the site. No refunds or credits will be provided to App Owners for subscription cancellation requests received after 14 days of the account billing date. At BowtieTurtle.com's sole discretion, refunds or credits may be granted in extenuating circumstances or to correct any errors made by BowtieTurtle.com. However if you decide to choose the auto-subscription option, you agree to allow Bowtie Turtle to charge your credit card every month until you choose to cancel your auto-subscription. However, once you cancel your auto-subscription you will be required to manually renew your subscription every month. Please refer to subscription licenses below.

All fees are exclusive of all taxes, levies or duties imposed by taxing authorities and you shall be responsible for payment of all such taxes, levies or duties, excluding only United States (federal or state) taxes. Downgrading your account may cause loss of content, features or capacity. Bowtie Turtle is does not accept liability for such loss.

NOTICE OF TRADEMARK RIGHTS.

The service marks and trademarks BowtieTurtle.com and the BowtieTurtle.com logo are trademarks or service marks owned by BowtieTurtle.com or its licensors. All rights reserved. Any other trademarks, service marks, logos and/or trade names appearing on the Site are the property of their respective owners. You acknowledge the rights of BowtieTurtle.com and the respective third parties in those marks. Users may not copy or use any of these marks, logos or trade names without the prior written permission of the owner as expressly allowed by these Terms.

NOTICE OF COPYRIGHT.

The Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. The contents of the Site (the “Content”) are only for your personal, non-commercial use. All materials contained on the Site are protected by copyright, and are owned or controlled by BowtieTurtle.com or the party credited as the provider of the Content. You will abide by any and all additional copyright notices, information, or restrictions contained in any Content on the Site. You may download and make copies of the Content and other downloadable items displayed on this Site for personal, noncommercial use only, provided that you maintain all copyright and other notices contained in such Content. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without the prior written permission from BowtieTurtle.com or the copyright holder identified in the individual Content's copyright notice.

COPYRIGHT AGENT, NOTICE, AND TAKE DOWN PROCEDURES.

If you believe any materials accessible on or from Site infringe your copyright, you may request removal of those materials (or access thereto) from this Site by contacting BowtieTurtle.com's copyright agent (identified below) and providing the following information:

  • Identification of the copyrighted work that you believe to be infringed.
  • Identification of the material that you believe to be infringing and its location.
  • Your name, address, telephone number and email address.
  • A statement that you have a good faith belief that the use of materials is not authorized by the copyright owner.
  • A statement that the information that you have supplied is accurate.
  • A signature or the electronic equivalent from the copyright holder or authorized representative.
BowtieTurtle.com's agent for copyright issues relating to this Site is as follows: BowtieTurtle.com Legal Department Attn: Copyright Agent, Email: support@BowtieTurtle.com

NON-CONFIDENTIALITY NOTICE.

You acknowledge that transmission to and from this Site are not confidential and your Communications may be read or intercepted by others. You acknowledge that by submitting Communications to BowtieTurtle.com, no confidential, fiduciary, and contractually implied or other relationship is created between you and BowtieTurtle.com other than pursuant to these Terms.

ENTIRE AGREEMENT.

These Terms constitute the entire agreement between BowtieTurtle.com and You with respect to your use of the Site. If for any reason a court of competent jurisdiction finds any provision of the Terms, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Terms, and the remainder of the Terms shall continue in full force and effect.

MISCELLANEOUS.

Nothing in these Terms shall be construed as making either party the partner, joint venture, agent, legal representative, employer, contractor or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto.

CONTACT INFORMATION

If you have any questions, need further information as to the Site or Service provided by BowtieTurtle.com, or need to notify BowtieTurtle.com as to any matters relating to the Site or Service please contact BowtieTurtle.com at: Support@BowtieTurtle.com Fraud, Bowtie Turtle may suspend or terminate your account if We suspect that you have engaged in fraudulent activity in connection with our Site, as determined in our sole discretion.

Privacy.

Please see our Privacy Policy to learn about how we treat information We gather from you. Please be aware that App Owners, including Vendor App Owners, are not bound by our Privacy Policy except as specified therein. Therefore, you should carefully safeguard your personal information and check with Member Vendors to see how they treat information they gather from you.

No Agency.

You hereby agree and acknowledge that your provision of services and/or your use of the Site, does not confer or imply any contractor (independent or otherwise), agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship with us and furthermore that no affiliation, association or connection exists between you and us. In no event shall you have authority to bind, commit, contract for, or otherwise obligate Bowtie Turtle in any manner whatsoever.

Right to Reject or Remove App Owners.

We reserve the absolute right to reject your participation, or remove you from your current participation, in the Bowtie Turtle Site 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; your non-payment in full any Unpaid Fees; any attempt by you to improperly influence, or cause another to improperly influence the feedback of App Owners; or any attempt by you to harass, or cause another to harass, or have inappropriate communications with a Member.

Petition for Reinstatement.

Upon your removal from the Site, you may petition for reinstatement. Your petition for reinstatement must include the following: (i) a written statement as to why you should be reinstated and (ii) your contact information. Your Petition will be reviewed at our discretion and any determination as to your reinstatement will be based on our sole judgment. Your submission of a petition does not, in any manner, guarantee, that you will be reinstated and We specifically disclaim any and all representations with respect to such guarantee. We will contact you as to our decision to reinstate you. We are not obligated to give you any reason or basis as to our decision. You understand that any decision as to reinstatement may be a simple, yes or no. All decisions are final.

Confidentiality/Non-Disclosure.

As a result of the performance of this Agreement and whether due to any intentional or negligent act or omission, We may disclose to you or you may otherwise learn of or discover, our documents, business practices, object code, source code, management styles, day-to-day business operations, capabilities, systems, current and future strategies, marketing information, financial information, software, technologies, processes, procedures, methods and applications, or other aspects of our business ("Our Information"). You hereby agree and acknowledge that any and all of Our Information is confidential and shall be our sole and exclusive intellectual property and proprietary information. You agree to use Our Information only for the specific purposes as allowed by the performance of this Agreement. Any disclosure of Our Information to a third party specifically including a direct competitor is strictly prohibited and will be vigorously challenged in a court of law. All obligations contained herein shall survive the termination of this Agreement. Furthermore, you acknowledge that our information is proprietary, confidential and extremely valuable to us, and that We would be materially damaged by your disclosure of Our Information. You acknowledge and agree that monetary damages provide an insufficient remedy for the breach of this confidentiality obligation, and that We shall be entitled to injunctive relief.

Record Keeping/Audit.

We reserve the right to keep all records of any and all communications between you and other App Owners for administration purposes.

Submissions.

We always want to receive messages and feedback from Bowtie Turtle App Owners and welcome any comments regarding the Site. However, please be aware that any ideas, suggestions comments or proposals you send to Bowtie Turtle (collectively, "Submissions") are non-confidential, shall become the sole property of Bowtie Turtle, and you hereby assign all right, title and interest in such Submissions. To the extent Submissions cannot be assigned to Bowtie Turtle, you hereby grant and agree to grant to Bowtie Turtle all rights needed for Bowtie Turtle to incorporate and commercialize the Submissions at no charge or encumbrance to Bowtie Turtle and you agree that Bowtie Turtle may disclose the Submissions to any third party in any manner and you agree that Bowtie Turtle has the ability to sublicense all Submissions in any form to any third party without restriction. Bowtie Turtle shall own all rights therein, including all intellectual property rights. Bowtie Turtle shall be entitled to use and/or disseminate the Submissions in any manner and for any purpose whatsoever, commercial or otherwise, without compensation or credit to you.

Remedies.

Remedies for use of our Site that violate this Agreement include, but are not limited to, the immediate termination of your membership, notifying our App Owners of your actions, issuing a warning (including a public warning), temporarily suspending your membership, and monetary compensation. and injunctive.

No Warranty.

BOWTIE TURTLE, OUR EMPLOYEES, AND OUR SUPPLIERS PROVIDE THE SITE AND THE SERVICES THEREON "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. WITHOUT LIMITING THE FOREGOING, WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. BOWETIE TURTLE FURTHER DOES NOT WARRANT THAT THIS SITE OR ANY INFORMATION, SERVICES OR TOOLS OFFERED ON THIS SITE WILL MEET YOUR REQUIREMENTS, WILL BE ACCURATE, COMPLETE OR CURRENT, OR WILL GIVE ACCURATE, COMPLETE OR CURRENT RESULTS; THAT OPERATION OF THE SITE, INCLUDING TOOLS OR OTHER SERVICES OFFERED ON THE SITE, WILL BE TIMELY, SECURE, UNINTERRUPTED, OR FREE FROM ERROR OR OMISSION OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT ANY ERRORS ON THE SITE WILL BE CORRECTED. BOWTIE TURTLE DOES NOT REPRESENT OR WARRANT THAT DATA YOU STORE ON THE SITE (FOR EXAMPLE, IN CONNECTION WITH TOOLS) WILL BE SECURE, AVAILABLE OR PRESERVED. BOWTIE TURTLE DOES NOT REPRESENT OR WARRANT THAT ALL TOOLS OR OTHER SERVICES ON THE SITE WILL CONTINUE TO BE OFFERED.

Limited Liability.

IN NO EVENT SHALL BOWTIE TURTLE, OUR EMPLOYEES, OR OUR SUPPLIERS BE LIABLE TO YOU OR ANYONE ELSE FOR DIRECT, INDIRECT DAMAGES, LOST PROFITS, ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES OF ANY KIND WHATSOEVER ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE OR FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON INFORMATION CONTAINED ON THE SITE, WHETHER IN AN ACTION FOR BREACH OF WARRANTY OR CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. OUR LIABILITY, AND THAT OF OUR EMPLOYEES AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE LESSER OF THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR $100, NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.

Indemnity.

You agree to indemnify and hold us and our affiliates, officers, directors, agents, and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising in any manner in whole or in part out of your use of the Site, including but not limited to (i) your advertising, provision of or failure to pay for goods or services promoted on the Site; and (ii) claims that any of your Submitted Information includes materials owned by third parties without authorization, was defamatory or harassing, or otherwise violated the rights of any third party.

Legal Compliance.

You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your listing, shipping, transporting, and solicitation of offers to ship and transport items.

Governing Law; Venue and Jurisdiction.

By visiting or using the Site, you agree that the laws of the State of Pennsylvania, 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 Bowtie Turtle 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 Pennsylvania, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non convenience with respect to, venue and jurisdiction in the state and federal courts of Pennsylvania.

Arbitration.

Disputes between you and Bowtie Turtle regarding the Site and our services should be reported to Support@ BowtieTurtle.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 App Owners 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 Bowtie Turtle, this Agreement, or to any acts or omissions for which you may contend Bowtie Turtle is liable, including but not limited to any claim or controversy as to arbitrational ("Dispute"), shall be finally, and exclusively, settled by arbitration. The arbitration shall be held before one arbitrator under the commercial arbitration rules of the American Arbitration Association ("AAA") in force at that time. The arbitration shall be conducted in Philadelphia, Pennsylvania. The arbitrator shall be selected pursuant to the AAA rules. Should no AAA rule regarding Pennsylvania selection of an arbitrator be in effect, the Member shall select an arbitrator from a panel of arbitrators acceptable to Bowtie Turtle. 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, provided, however, that in Maine any cost to the consumer shall be limited to the cost of filing a court case. 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 Philadelphia, Pennsylvania. 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 jointer or consolidation of 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 BOWTIE TURTLE 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 ACTIONS. 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 Bowtie Turtle’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 Bowtie Turtle, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Philadelphia, Pennsylvania. 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.

Security.

Bowtie Turtle uses industry standard practices to safeguard your personal information, including firewalls and Secure Socket Layers. We utilize several different security techniques to protect data from unauthorized access, but We cannot guarantee the security of our system. 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.

General.

This Agreement may not be modified, supplemented, qualified, or interpreted by any trade usage or prior course of dealing not made a part of the Agreement by its express terms. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity of this Agreement as a whole and any such provision should be enforced by authorities, and reconstructed if need be, to apply to the maximum extent allowable under applicable law. The failure by Bowtie Turtle to enforce at any time any of the provisions of this Agreement, to exercise any election or option provided herein, or to require at any time the performance of the other of any of the provisions herein will not in any way be construed as a waiver of such provisions. Reasonable attorneys' fees and costs will be awarded to the prevailing party in the event of arbitration or litigation involving the enforcement or interpretation of this Agreement. You agree that other than affiliates or subsidiaries of Bowtie Turtle, there are no intended third-party beneficiaries of this Agreement. The section headings used herein are for convenience only and shall not be given any legal import.