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Terms & Conditions
Legal Information & Notices

Thank you for visiting a website or mobile application provided by Bouxtie Inc.

Bouxtie Inc., and its affiliates (“Company,” “we,” “us,” or “our”) currently own or operate the following brands: Bouxtie, and Flexawards.  These brand names may be updated by Bouxtie Inc. without notice.

Please read these Terms of Use, and Privacy Policy (together, these “Terms”) carefully as they form a contract between You and Bouxtie Inc. (“Company,” “we,” “us,” or “our”) and govern the use of and access to Bouxtie Inc. Services (together, these “Services”) and Bouxtie Inc. Products (together, these “Products”) through websites or mobile application by you, your affiliates, users and end-customers. In the event of a conflict between these Terms of Use, and our Privacy Policy, these Terms of Use shall prevail.

By accessing or using our Services and Products through the websites, mobile applications, or authorizing or permitting any user or end-customer to access or use our Services and Products through websites, or mobile applications, you agree to be bound by these terms. If you are entering into these terms on behalf of a company, organization or another legal entity (an “Entity”), you are agreeing to these terms for that entity and representing to us that you have the authority to bind such entity and its affiliates to these terms, in which case the terms, “you,” “your” or related pronouns used herein shall refer to such Entity and its Affiliates.

IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS, YOU MUST NOT ACCEPT THESE TERMS AND MAY NOT ACCESS OR USE THE SERVICES, WEBSITES, OR MOBILE APPLICATIONS.

You, as an individual, must be 18 years or older to access or use the website, the mobile applications, and the Services.

  1. PRIVACY POLICY

Please refer to our Privacy Policy for information about how we collect, use and disclose information about our users. https://flexawards.com/privacy.html

  1. SERVICES

2.1        Services include, but are not limited to:

(a)       Flexawards: Our website allows you to buy and send non-reloadable prepaid digital gift cards or credits (Flex Credits) toward the purchase of prepaid digital gift cards.

(b)        Bouxtie or Flex Card: A mobile application for sending or receiving prepaid digital gift cards.

  1. PRODUCTS
  1. Products include, but are not limited to:
  1. Flexawards: Our website allows you to buy and sendnon-reloadable prepaid digital gift cards or credits toward the purchase of prepaid digital gift cards..
  2. Bouxtie or FlexCard: A mobile application for sending or receiving prepaid digital gift cards.
  3. Gift Cards: We offer a variety of digital gift cards and digital gift codes (collectively, “Gift Cards”) for purchase via our websites or mobile applications. Flexawards accepts various forms of payment, including by credit or debit card (each, a “Payment Card”), ACH, and Wire. All Gift Cards are subject to availability and we reserve the right to impose quantity limits on any order, to reject all or any part of an order and to discontinue products without notice, even if you have already placed your order. All prices are subject to change without notice and the price charged to you will be the price displayed at the time you place your order.

Activated Gift Cards may be available within seconds; however, additional time may be required for certain activations. If your Gift Card has not been activated within 8 hours, please contact us at email: support@bouxtie.com).

  1. Gift Card Vendor Terms and Liability: Gift Cards purchased via our websites or mobile applications are issued and activated by participating third-party merchants, retailers and vendors (collectively “Vendors”). Your purchase of each Gift Card will be governed by certain terms and conditions established by the issuing Vendor. Depending on the applicable law of your jurisdiction and the promotional nature of certain Gift Cards, Vendors may set expiration dates for such Gift Cards, in addition to other restrictions and requirements. You should review and familiarize yourself with all applicable Vendor terms and conditions prior to purchasing any Gift Card. If you have questions regarding the applicable Vendor terms, please contact the issuing Vendor.

As issuers of the Gift Cards, Vendors (and not Company) are fully responsible for all aspects of their Gift Card programs. Vendors are also responsible for any and all liabilities, damages and costs suffered by you or any other customer in connection with your purchase and use of their Gift Card. While we strive to work with reputable Vendors, we have no liability for (i) the sale of products or services to you by a Vendor through the use of any Gift Card; and (ii) any Vendor’s failure to honor a Gift Card. You will need to look solely to the Vendor for any remedy in connection with the foregoing issues

  1. Gift Card Errors: We attempt to be as accurate as possible and to eliminate errors on the Products that we sell; however, we do not represent or warrant that any Gift Card and information about the Gift Card (including the description, Vendor information or pricing information) provided is accurate, complete, reliable, current or error-free. In the event of an error, in an order confirmation, in processing a Gift Card purchase or otherwise, we reserve the right to correct such error and revise your order accordingly (including charging the correct price) or to cancel the order and refund any amount charged.

  1. YOUR RIGHTS
  1. These terms are applicable during your use of our website, mobile application, and/or your subscription to Flexawards through a Service Plan of your choice (“Subscription Term”).

  1. Using Our Services: Subject to your compliance with the terms and solely during the subscription term, you have the limited, non-exclusive, and revocable right to access and use our Services for your internal business purposes. You shall be responsible for use of our Services through your account by any third parties. You may subscribe to one or more of the services.  They may be subject to separate and distinct service plans.

  1. Using our Mobile Applications: Subject to your compliance with the terms and solely during your use of our mobile application or the Subscription Term, you have the limited, non-exclusive, non-transferrable, and revocable right to download, install and use the mobile applications to access and use the services.

  1. YOUR RESPONSIBILITIES
  1. Your Account:  You may create an account for yourself or on behalf of an Entity to either access the Services or to subscribe to a Subscription Term. Each user shall be identified using unique login information such as usernames and passwords (“User Login”) and such User Login shall be used only by one individual. You are responsible for the confidentiality of Your Data and User Login. You should, therefore, not share your User Login with any third parties. In any event, unless you notify us of any unauthorized use or suspicious activity in your account, you are responsible for all activities that occur under your account. Bouxtie Inc. will not be liable for any damage or loss that may result from your failure to protect your login information, including your password. Without limiting the foregoing, you are solely responsible for ensuring that your use of the services to store and transmit your data is compliant with all applicable laws and regulations. You also maintain all responsibility for determining whether our Services or the information generated thereby is accurate or sufficient for your purposes.

  1. Applicable Law and Regulations:  You are responsible for complying with all the applicable laws and regulations related to the use of our Services.  

  1. Your use of our Services: You agree not to:

a) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make our Services available to any third party, other than Users and End-Customers in furtherance of Your internal business purposes as expressly permitted by these Terms;

b) use our Services to Process data on behalf of any third party other than Your Users and End- Customers;

c) modify, adapt, or hack our Services or otherwise attempt to gain or gain unauthorized access to our Services or related systems or networks;

d) falsely imply any sponsorship or association with Us;

e) use our Services in any unlawful manner, including but not limited to violation of any person’s privacy rights;

f) use our Services to send unsolicited communications junk mail, spam, pyramid schemes or other forms of duplicative or unsolicited messages;

g) use our Services to store or transmit any content that infringes upon any person’s intellectual property rights;

h) use our Services in any manner that interferes with or disrupts the integrity or performance of our Services and its components;

i) attempt to decipher, decompile, reverse engineer, disassemble, reproduce, or copy or otherwise access or discover the source code or underlying program of any Software making up our Services;

j) use our Services to knowingly post, transmit, upload, link to, send or store any content that is unlawful, racist, hateful, abusive, libelous, obscene, or discriminatory;

k) use our Services to store or transmit any “protected health information” as that term is defined in 45 C.F.R. 160.103;

l) use our Services to knowingly post, transmit, upload, link to, send or store any viruses, malware, Trojan horses, time bombs, or any other similar harmful software (“Malicious Software”);

m) use our Services for the purposes of cookie tracking, ad exchanges, ad networks, data brokerages, or sending electronic communications (including e-mail) in violation of applicable law;

n) try to use, or use our Services in violation of these Terms.

  1. You shall be responsible for any loss of data or attempted or actual access or use of our Services through your account in violation of these Terms. You shall be responsible for the use of Services or Products through your account. You shall be responsible for any losses or damages that we incur as a result of or in connection with violations or breaches of the items described in this Sections 5.1 (a) through (l) above.

  1. If we inform you that a specified activity or purpose is prohibited with respect to our Services, you will ensure that you immediately cease use of our Services for such prohibited activity or purpose.

  1. ACCESSING SERVICE
  1. You are responsible for making all arrangements necessary for you to have access to our website, or our mobile application.  Your access to and use of our Services may require you to use or maintain specific browser software, security certifications and other procedures that supports protocols used by our Services.

  1. You may not be able to access or use our Services during planned downtime, or during circumstances that are beyond our control such as, but not limited to, acts of God, acts of government, acts of terror or civil unrest, technical failures beyond our reasonable control (including, without limitation, inability to access the internet), or acts undertaken by third parties, including without limitation, distributed denial of service attacks.

  1. To access some of our Services, you may be required to receive Text messages. Our Privacy Policy (https://flexawards.com/privacy.html) states how you may be able to opt out of receiving Text messages.

  1. You should protect your user name and password and not allow anyone else to have access to them.  You shall be liable for all damages and other losses caused by others accessing the Services through your password and user name.

  1. PURCHASE, BILLING OF SERVICES OR PRODUCTS
  1. Purchase: When making a purchase of our Services or Products on the website or a mobile application, Company accepts various forms of payment, including by Payment Card, ACH, and Wire. Unless otherwise indicated, the denominated value of our Products will be billed in full at the time you purchase, and Company provides, Flex Credits or Gift Card. By making the purchase, you acknowledge that you are authorized to use the designated Payment Card or other payment method and you authorize us to charge your purchase order to that Payment Card or other payment method. When you provide your payment information, you authorize us (or a third-party payment processor) to process and store your payment and related information. In the event that the Payment Card or other payment method you designate cannot be verified, is invalid or is not otherwise acceptable, we may suspend or cancel your order automatically. Payment processing fees may apply even if the Payment method has expired or changed by the time Company submits the charges. You are responsible for resolving any problem we encounter in order to proceed with your order.

  1. Flexawards Subscription Charges: All charges associated with your account (“Subscription Charges”) are due in full and payable in advance, in accordance with this Section 7, when you subscribe to our Services. Unless specified otherwise in a Form, the Subscription Charges are based on the Service Plans you choose and are payable in full until you terminate your account in accordance with Section 9, TERMINATION. You may receive a receipt upon each receipt of payment by us. You may also obtain a payment receipt from within Flexawards.

7.4        We may use a third-party service provider to manage credit card and other payment processing.

  1. Refunds: Unless otherwise specified in these Terms or a Service Plan, all Subscription Charges are nonrefundable. No refunds shall be issued for partial use or non-use of our Services by you.

  1. Late Payments/Non-payment of Subscription Charges: We will notify you if we do not receive payment towards the Subscription Charges within the due date for Your Account. For payments made through credit cards, We must receive payments due within a maximum of five (5) days from the date of our notice and for payments through other accepted methods, we must receive payments within a maximum of fifteen (15) days from the date of our notice. If we do not receive payment within the foregoing time period, in addition to our right to other remedies available under law, we may (i) charge  interest for a late payment @ 1.5% per month and/or; (ii) suspend your access to and use of our Services until we receive your payment towards the Subscription Charges as specified herein and/or; (iii) terminate your Account in accordance with Section 9, TERMINATION.

  1. Upgrades and Downgrades: You may upgrade or downgrade within a Service Plan or between two Service Plans. You understand that downgrading may cause loss of content, features, or capacity of the Services as available to you before downgrading your account. We will not be liable for such loss. When you upgrade or downgrade, the new Subscription Charges become immediately applicable. Upon upgrade, the new Subscription Charges for the subsisting month would be charged on pro-rated basis and your method of payment will be charged automatically. Subsequent months will be charged in full according to the new Subscription Charges. Upon downgrade, you will forfeit any subsisting month subscription balance.
  2. Applicable Taxes:

  1. Unless otherwise stated, the Subscription Charges do not include any taxes, levies, duties or similar governmental assessments, including value-added, sales, use or withholding taxes assessable by any local, state, provincial or foreign jurisdiction (collectively “Taxes”). You are responsible for paying the Taxes that would be levied against you by government authorities. We will invoice you for such Taxes if we believe we have a legal obligation to do so and you agree to pay such Taxes if so invoiced.
  2. With respect to our Products, including but not limited to Flexawards and Gift Cards that you purchase on the websites or mobile applications, the amount paid does not include sales, value added, use tax, or any other tax that might be applicable at the time you purchase our Products, or vendor products or services using our Products.

  1.  PRODUCTS BALANCES

When you purchase our Products via the website or mobile application, the value of those Products (Products) will be the “Products” in your account.

  1. SUSPENSION AND TERMINATION
  1. We shall not be liable to you or any other third party for suspension or termination of your account or access to and the use of our Services, if such suspension or termination is in accordance with these Terms.

  1. Suspension and Termination by Us: In addition to suspension for late payment or non-payment of Subscription Charges, we may suspend your access to and use of your account or our Services if you are in violation of the Terms. We will notify you of your activities that violate these Terms and, at our sole discretion, provide you with a period of fifteen (15) days (“Remedying Period”) to remedy or cease such activities. If you do not remedy or cease such activities within said Remedying Period or if we believe that your breach of these Terms cannot be remedied, your account shall be terminated.

  1. Termination by You: You may terminate your account by writing to [support@bouxtie.com].

  1. Effect of Terminating Your Account:

  1. Data Export: We strongly recommend that you export all your data before you terminate your account. In any event, following the termination of your account either by you or us, your data will be retained for a period of 14 days (“Data Retention Period”). Beyond this Data Retention Period, we reserve the right to delete all your data in the normal course of operation. Your data cannot be recovered once it is deleted.

  1. Charges: If you terminate your account prior to the end of your then-effective Subscription Term or we effect such termination, in addition to other amounts you may owe us, you must immediately pay any then unpaid Subscription Charges associated with the remainder of such Subscription Term, unless waived by us in writing. This amount will not be payable by you in the event you terminate your subscription to the Services or terminate your account as a result of a material breach of these Terms by us, provided that you provide advance notice of such breach to us and afford us not less than thirty (30) days to reasonably remedy such breach.

  1. CANCELLATIONS; NO RETURNS

All purchases made on the websites or mobile applications are final. Purchased Products, including but not limited to Flex Credits and Gift Cards are non-returnable and non-refundable, provided, however, that if a Product does not function, we may, in our sole discretion, either refund you the purchase amount or replace the defective Products with an alternative Product or with products or services of equal value for the same Gift Card Vendor. If you have any questions or problems with your order, please contact [support@bouxtie.com].

  1. CHANGES TO THE SERVICES AND WEBSITES
  1. Our Services: We may update the Services from time to time, and you may receive notifications of such upgrades, enhancements, or updates (“Updates”). Any new or modified features added to or augmenting or otherwise modifying the Services or other updates, modifications, or enhancements to the Services are also subject to these Terms and we reserve the right to deploy Updates at any time.

  1. Third party services and network connections: We are not responsible for notifying You of any upgrades, fixes or enhancements to any such services or for any compromise of data, including your data, transmitted across computer networks or telecommunications facilities (including but not limited to the internet) which are not owned, operated, or controlled by us. You agree that we are not responsible for the reliability or performance of any services or connections as described in this sub-section.

  1. Websites and Mobile Application: We may also change content on our websites, or on mobile applications at any time. However, please note that any of the content on our websites may be out of date at any given time, and we are under no obligation to update it. For clarity, this sub-section refers to our websites and mobile applications excluding the Services. We may discontinue or change any part of our websites and mobile applications, that does not affect the Services, without notifying you. Our websites may contain links to websites, content and resources provided by third parties (“Third-Party Links”). These Third-Party Links are governed by their own terms and privacy policies and you agree that we have no control over these Third-Party Links and are not responsible for your access or use of these Third-Party Links.

  1. INTELLECTUAL PROPERTY RIGHTS
  1. The website and the mobile application, and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by us, our licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

  1. Services that are non-personally identifiable with respect to you (“Aggregated Anonymous Data”), and we may use the Aggregated Anonymous Data to improve, support and operate the Services. For clarity, you are not identified as the source of any Aggregated Anonymous Data and no Personal Data is collected as a part of Aggregate Anonymous Data.

  1. Grant of License to You: Our product and service names, and logos used or displayed on the Services, websites, and mobile application are our registered or unregistered trademarks (collectively, “Marks”), and you may only use such marks to identify you as a user of the Services you have subscribed to.

  1. Reservation of Rights: All rights not expressly provided to you herein are reserved.

  1. TRADEMARKS

“Bouxtie,” “Flexawards,” and their respective logos and any other Bouxtie or Flexawards product or service names, logos or slogans are Bouxtie Inc’s trademarks in the United States and in other countries, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Bouxtie Inc. All other trademarks, registered trademarks, product names and company names or logos mentioned in our Services or Products are the property of their respective owners and may not be used without permission of the applicable trademark holder.  Reference to any products, services, processes or other information, by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by Bouxtie Inc.

  1. REPEAT INFRINGER; COPYRIGHT COMPLAINTS

In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, Bouxtie Inc. has adopted a policy of terminating, in appropriate circumstances and at Bouxtie Inc’s sole discretion, users who are deemed to be repeat infringers. Bouxtie Inc. may also, in our sole discretion, limit access to our Services and/or Products, and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. If you believe that anything on the Services infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below: [44 Tehama Street, San Francisco, CA 94105] Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification.  If you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

  1. COMMUNICATIONS FROM US

In addition to communications specified in Our Privacy Policy, we may contact you directly via e-mail to notify you if

  1. You are in violation of these Terms; or
  2. A specific activity or purpose is prohibited with respect to our Services or Products, so that you immediately cease use of our Services or Products for such prohibited activity or purpose.

  1. DISCLAIMER OF WARRANTIES

THE WEBSITES, MOBILE APPLICATIONS, SERVICES AND PRODUCTS, INCLUDING ALL SERVER AND NETWORK COMPONENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. WE EXPRESSLY DISCLAIM ANY AND ALL CONDITIONS, REPRESENTATIONS, WARRANTIES OR OTHER TERMS, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.

YOU ACKNOWLEDGE THAT WE DO NOT WARRANT THAT SERVICES PROVIDED THROUGH WEBSITES OR MOBILE APPLICATION WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE AND YOU FURTHER ACKNOWLEDGE THAT WE DO NOT WARRANT THAT THE ACCESS TO THE SERVICES, WHICH IS PROVIDED OVER INTERNET AND VARIOUS TELECOMMUNICATIONS NETWORKS, ALL OF WHICH ARE BEYOND OUR CONTROL, WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR FREE FROM VIRUSES OR OTHER MALICIOUS SOFTWARE.

THE CONTENT ON OUR WEBSITES AND MOBILE APPLICATION IS PROVIDED FOR GENERAL INFORMATION ONLY. IT IS NOT INTENDED TO AMOUNT TO ADVICE ON WHICH YOU SHOULD RELY. YOU MUST OBTAIN PROFESSIONAL OR SPECIALIST ADVICE BEFORE TAKING, OR REFRAINING FROM, ANY ACTION ON THE BASIS OF THE CONTENT ON OUR WEBSITES OR MOBILE APPLICATION. NO INFORMATION OR ADVICE OBTAINED BY YOU FROM US OR THROUGH THE SERVICES OR WEBSITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

  1. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE, OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE TO ANY PERSON FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST REVENUE, LOST SALES, LOST GOODWILL, LOSS OF USE OR LOST CONTENT, IMPACT ON BUSINESS, BUSINESS INTERRUPTION, LOSS OF ANTICIPATED SAVINGS, LOSS OF BUSINESS OPPORTUNITY) HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, WARRANTY, BREACH OF STATUTORY DUTY, NEGLIGENCE OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES OR COULD HAVE FORESEEN SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR AGGREGATE LIABILITY AND THAT OF OUR AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS, RELATING TO THE SERVICES, WILL BE LIMITED TO AN AMOUNT EQUAL TO THE LOWER OF (A) ONE MONTH OF THE SUBSCRIPTION CHARGES FOR SERVICES TO WHICH THE CLAIM RELATES; (B) THE SUBSCRIPTION CHARGES PAID BY YOU, FOR SERVICES TO WHICH THE CLAIM RELATES PRIOR TO THE FIRST EVENT OR OCCURRENCE GIVING RISE TO SUCH LIABILITY; (C) OR PURCHASE PRICE FOR PRODUCTS.

THE LIMITATIONS AND EXCLUSIONS ALSO APPLY IF THIS REMEDY DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES OR FAILS OF ITS ESSENTIAL PURPOSE.

  1. INDEMNIFICATION

You will indemnify and hold us harmless against any claim brought by a third party against us, and their respective employees, officers, directors, and agents arising from or related to the use of our Services by you in breach of these Terms or matters which you have expressly agreed to be responsible pursuant to these Terms; provided that we promptly notify you of the threat or notice of such a claim.

  1. SEVERABILITY; NO WAIVER

If any provision in these Terms is held by a court of competent jurisdiction to be unenforceable, such provision shall be modified by the court and interpreted so as to best accomplish the original provision to the fullest extent permitted by applicable law, and the remaining provisions of these Terms shall remain in effect. Our non-exercise of any right under or provision of these Terms does not constitute a waiver of that right or provision of the Terms.

  1. EXPORT COMPLIANCE AND USE RESTRICTIONS; FEDERAL GOVERNMENT END USE PROVISIONS

Services, Products, and other Software or components of our Services or Products which we may provide or make available to you or Users may be subject to U.S. (or other territories) export control and economic sanctions laws. You agree to comply with all such laws and regulations as they relate to access to and use of our Services, Products, and other Software or components of the Services or Products and such other components by you and Users. You shall not access or use our Services, Products, and other Software or components of our Services or Products if you are located in any jurisdiction in which the provision of our Services, Products, and other Software or components of our Services or Products or other components is prohibited under U.S. or other applicable laws or regulations (a “Prohibited Jurisdiction”) and you shall not provide access to our Services, Products, and other Software or components of our Services or Products to any government, entity or individual located in any Prohibited Jurisdiction. You represent, warrant and covenant that (i) You are not named on any U.S. government (or other government) list of persons or entities prohibited from receiving U.S. exports, or transacting with any U.S. person, (ii) You are not a national of, or a company registered in, any Prohibited Jurisdiction, (iii) You shall not permit Users to access or use our Services, Products, and other Software or components of our Services or Products in violation of any U.S. or other applicable export embargoes, prohibitions or restrictions, and (iv) You shall comply with all applicable laws regarding the transmission of technical data exported from the United States and the country in which you and your Users are located. If You are a U.S. federal government department or agency or contracting on behalf of such department or agency, these Services are a “Commercial Item” as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as those terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, our Services and other Software or components of the Services is licensed to you with only those rights as provided under the terms and conditions of these Terms.

  1. RELATIONSHIP OF THE PARTIES

The parties are independent contractors. These Terms do not create a partnership, franchise, joint venture, agency, and fiduciary or employment relationship among the parties.

  1. NOTICES; CONSENT TO ELECTRONIC COMMUNICATIONS
  1. All notices to be provided by us to you under these Terms may be delivered in writing via electronic mail to the e-mail address provided for your account.

  1. Our email address for a notice to us in writing by electronic mail is: [support@bouxtie.com]. All notices shall be deemed to have been given immediately upon delivery by electronic mail.

  1. GOVERNING LAW AND DISPUTE RESOLUTION
  1. Any dispute, claim or controversy arising out, in connection with of or relating to these Terms, or the Services or Products provided hereunder or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of these Terms to arbitrate, shall be governed by the laws of the State of California without regard to conflict of laws principles. You hereby expressly agree to submit to the exclusive personal jurisdiction of the federal and state courts of the State of California, San Francisco County, for the purpose of resolving any dispute relating to the above mentioned.

  1. Any dispute, claim or controversy arising out, in connection with of or relating to these Terms, or the Services or Products provided hereunder or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of these Terms, shall be determined by arbitration in San Francisco, California before three arbitrators. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules. Judgment on the Award may be entered in any court having jurisdiction. ANY ARBITRATION UNDER THESE TERMS SHALL TAKE PLACE ON AN INDIVIDUAL BASIS. CLASS ACTION AND CLASS ARBITRATIONS ARE NOT PERMITTED. YOU UNDERSTAND THAT BY AGREEING TO THESE TERMS, YOU WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
Last updated May 18th 2017.