Bustld Terms and Conditions
Last Revised May 11, 2021
Thanks for coming to Bustld! Please read these Terms and Conditions carefully and completely (“Terms”).
Bustld is owned and operated by Bustld, LLC, and/or its subsidiaries and affiliates (collectively referred to herein as “we”, “us” or “our”).
By accessing or using the Bustld website, online services, social media platforms and other applications (each a “Site”) or by your execution of an agreement referencing these Terms, you accept and agree to these Terms. Certain features, products, and services may be subject to additional terms and conditions presented elsewhere. By using this Site, you agree to accept these Terms, that you are of legal age to form a contract or have obtained the necessary parental or guardian consent to do so. If you do not agree to the Terms, you may not use the Site. We reserve the right to amend these Terms without notice, though we will include the last revision date.
1.0 Overview: Bustld is a community and marketplace website for the wedding industry that includes prospective couples (“Couples”), and companies and other third parties offering products and services for weddings (“Wedding Vendors”). Collectively Couples and Wedding Vendors shall be known as (“Users”). Bustld is not a wedding product or service provider, wedding vendor, or an agent or representative of any User. We have no control over the accuracy of listings on our Services page or any actual knowledge of the ability of Wedding Vendors to provide such items or services. Except as otherwise stated in these Terms, we are not involved in, or a party to, any interaction or transaction that may occur between Users. We do not attempt to confirm, and do not confirm, any User’s purported identity. We do not investigate any User’s reputation, conduct, morality, and criminal background, or verify the information that any User submits to the Site.
2.0 Users:
2.1 If you are a Couple you acknowledge and agree that:
2.1.1 we do not provide any of the products or services advertised or offered by Wedding Vendors;
2.1.2 while we do suggest Wedding Vendors that we believe may be a good match for your stated intentions, we do not endorse any Wedding Vendor, nor do we guarantee the quality of their goods or services and you agree that you are relying on your own due diligence in selecting a Wedding Vendor;
2.1.3 any and all communications (verbal or written), correspondence , or any warranties or representations, made with regard to products and services identified through the Services page are not provided by us and are specifically and exclusively between you and the Wedding Vendor;
2.1.4 any transaction you enter into with a Wedding Vendor is strictly between you and the Wedding Vendor;
2.1.5 any dispute you have with a Wedding Vendor is between you and the Wedding Vendor, and we will not be a party to that dispute.
Notwithstanding the foregoing, as a Couple you agree that (a) Bustld will electronically make the contract between you and the Wedding Vendor (“Wedding Vendor Terms”) electronically available for signature by both parties, but you acknowledge and understand that Bustld is in no way a party to that Wedding Vendor Terms and (b) you will pay all fees due to the Wedding Vendor in accordance with the Wedding Vendor Terms through the Bustld Site and Bustld shall remit the such amounts, less Bustld’s fee for services to the Wedding Vendor.
As a Couple, you further acknowledge that our Services include the display of Reviews (defined below) to help you evaluate Wedding Vendors with whom you are considering transacting business, but we do not and cannot guarantee that information provided by or about Wedding Vendors on the Site is accurate (including in Reviews). You should use Bustld as a starting point for identifying Wedding Vendors to provide the products and services you need for your wedding, and then conduct your own research to ensure that the Wedding Vendors you choose to do business with are appropriate for you.
2.2 If you are a Wedding Vendor, you acknowledge and agree that:
2.2.1 We will not endorse you or your products or services;
2.2.2 We are in no way responsible for assisting you in reaching an agreement with Couples;
2.2.3 We are not responsible for assisting you in providing goods and services to Couples;
2.2.4 While all Couples are required to give us accurate information about themselves, we cannot and will not verify this information;
2.2.5 Any transaction you enter into with a Couple is strictly between you and the Couple, and we are not a party to that transaction;
2.2.6 Any dispute you have with a Couple is between you and the Couple, and we will not be a party to that dispute.
2.2.7 You are solely responsible for complying with all applicable laws, rules, regulations and local ordinances, including without limitation, necessary permits, or other taxes and payments which may be applicable to jobs (collectively, “Regulations”).
2.2.8 You are solely responsible for your jobs and agree to indemnify, defend and hold harmless Bustld from any claims, suits, losses, damages, costs and expenses (including reasonable attorneys’ fees) relating to or arising from your jobs, including any violation of any Regulations, or other taxes and payments which may be applicable to your job.
Notwithstanding the foregoing, as a Wedding Vendor, you agree that (a) you will provide Bustld electronically with the Wedding Vendor Terms for Bustld to make such Wedding Vendor Terms electronically available for signature by both parties, but you acknowledge and understand that Bustld is in no way a party to that Wedding Vendor Terms and (b) you will be paid all fees received from a Couple by Bustld, in accordance with the Wedding Vendor Terms through the Bustld Site and Bustld shall remit the such amounts, less Bustld’s ten percent (10%) fee for its services to the Wedding Vendor within five (5) days receipt by Bustld.
Prohibited Actions: Couples and Wedding Vendors using the Site may not:
· Create a fake account, create more than one account or use the account of another Couple or Wedding Vendor;
· Impersonate another individual or organization;
When posting to the Site, such as Reviews, Profiles or other submitted content, you may not:
2.3 Right to Remove Users: We reserve the right to remove or reject Couples or Wedding Vendors for any reason, including but not limited to, violations of these Terms, unpaid fees, inappropriate use of the Site and harassment of other users. Liability of Bustld. Bustld’s duties and obligations under these Terms will be determined solely by the express provisions of these Terms. Bustld will not be obligated to recognize, and will not have any liability or responsibility arising under, any Wedding Vendor Agreement to which Bustld is not a party, even though reference thereto may be made herein. With respect to Bustld’s responsibility, Wedding Vendors and Couples further agree that:
2.3.1 Bustld and its affiliates, officers, members, managers, employees and agents (collectively, “Indemnified Parties”) shall not be liable to anyone whomsoever by reason of anything that Bustld may do or refrain from doing in connection herewith, unless caused by or arising out of Bustld’s gross negligence, bad faith, willful misconduct or breach of these Terms. Wedding Vendors and a Couple will jointly and severally indemnify and hold harmless each of the Indemnified Parties from and against any and all liability and reasonable expense (but not with respect to costs and expenses allocated to its internal counsel) that may arise out of any action taken or omitted by Bustld in accordance with these Terms, except for such liability and expenses that results from Bustld’s gross negligence, bad faith, willful misconduct or breach of these Terms.
2.3.2 Bustld shall be entitled to rely upon any order, judgment, certification, demand, notice, instrument or other writing delivered to it hereunder without being required to determine the authenticity or the correctness of any fact stated therein or the propriety or validity of the service thereof, unless Bustld has actual knowledge of the lack of authenticity, correctness, propriety or validity. Bustld may act in reliance upon any instrument or signature reasonably believed by it to be genuine and may assume that the person purporting to make any statement or execute any document in connection with the provisions hereof has been duly authorized to do so, unless Bustld has actual knowledge of the lack of authority.
2.3.3 In case any property held by Bustld will be attached, garnished or levied upon under a court order, or the delivery thereof will be stayed or enjoined by a court order, or any writ order, judgment or decree will be made or entered by any court affecting the property deposited under these Terms or any part thereof, Bustld is hereby expressly authorized, in its sole discretion, to obey and comply with all writs, orders, judgments or decrees so entered or issued (provided, that Bustld provides Wedding Vendors and a Couple with a copy of any such writs, orders, judgments or decrees as soon as reasonably practicable following receipt), and in any case where Bustld obeys or complies with any such writ, order, judgment or decree, Bustld will not be liable to a Couple, Wedding Vendors or to any other person by reason of such compliance in connection with such litigation. a Couple and Wedding Vendors agree to pay to Bustld on demand its reasonable costs, attorneys’ fees, charges, disbursements and expenses in connection with such litigation, of which a Couple will pay half of such fees and expenses and Wedding Vendors will pay the other half.
2.3.4 If, at any time, there shall exist any dispute between a Couple and Wedding Vendors with respect to the holding or disposition of any portion of the funds or any other obligation of Bustld hereunder, or if at any time Bustld is unable to determine, to Bustld’s sole satisfaction, the proper disposition of any portion of the funds or Bustld’s proper actions with respect to its obligations hereunder, Bustld shall first provide written notice to a Couple and Wedding Vendors of any such dispute or ambiguity and request a Couple and Wedding Vendors to provide joint written instructions. If a Couple and Wedding Vendors do not provide such instructions, then Bustld may, in its sole discretion, take either or both of the following actions: (i) suspend the performance of its obligations under these Terms with respect to such matters in dispute until such dispute or uncertainty shall be resolved to the reasonable satisfaction of Bustld or until a successor Bustld shall have been appointed; or (ii) petition (by means of an interpleader action or any other appropriate method) any court of competent jurisdiction in any venue convenient to Bustld, for instructions with respect to such dispute or uncertainty, and to the extent required by law, pay into such court, for holding and disposition in accordance with the instructions of such court, all funds held by it.
2.3.5 None of Wedding Vendors, a Couple or any of their respective successors-in-interest shall have any rights or other claims against the Bustld or any other person on account of or arising from distributions of funds to Wedding Vendors as provided herein, absent fraud, gross negligence or willful misconduct. This Section 3 will survive notwithstanding any termination of these Terms.
3.0 Fees/Bustld Bucks: In addition to any fees referenced in Section 2 above, the fees for Wedding Vendors may also be outlined in a separate required vendor contract. Following the end of the initial vendor contract term the subscription will automatically renew on a month-to-month term. We require a minimum of 30 days written notice to terminate the contract following the completion of the term. We reserve the right to change fees, the fee structure and create or remove any services.
3.1 Payment Method: Currently the only accepted Payment Method is by credit or debit card, but this is subject to change at our sole and absolute discretion. We will process the user’s chosen Payment Method at the beginning of each billing cycle as stated in the vendor contract. If the customer would like to change their Payment Method, we require at least 7 days’ written notice to make the change.
3.2 Authorization to Credit/Debit Accounts: You authorize Bustld to charge your preferred payment method for services outlined in the agreed upon vendor contract and these Terms and any other subsequent amendments or schedules that may apply. You agree to update Bustld of any changes in Payment Method resulting from new accounts or expired credit or debit cards. In the event of an auto-renewal, you agree to allow Bustld to charge your Payment Method until we either enter a new vendor contract or until you terminate the vendor contract in writing. We reserve all rights to pursue or recoup unpaid balances that are agreed upon in the vendor contract. In the circumstance where Bustld has charged you by mistake, please reach out to support@bustld.com within 90 days of the charge. Refunds will not be provided following the 90-day period.
3.3 Service Fee: Bustld will charge to your preferred method a fee equal to ten percent (10%), which may be increased or decreased in Bustld’s sole discretion, for each Wedding Vendor Bustld provides in performance of its services.
3.4 Bustld Bucks: For each Wedding Vendor you book through our services, you will earn Bustld Bucks equal to one percent (1%), which may be increased or decreased in Bustld’s sole discretion, of the fee(s) paid to such Wedding Vendor for their services. Bustld Bucks are only available to be used as a credit against future services with a Wedding Vendor(s) booked through our services. For example, if you book a photographer through our services, you will receive a one percent (1%) credit on your account with Bustld towards your next Wedding Vendor fees incurred from a Wedding Vendor booked through our Site. There is no limit on the Bustld Bucks that may be earned. Bustld reserves the right to disqualify any Couple from participation in Bustld Bucks and invalidate all issued Bustld Bucks in the event of abuse, fraud, or any violation of these Terms, which Bustld shall determine in its sole discretion.
4.0 Content: You acknowledge and agree that the information, data, text, software, sound, photographs, videos, logos, graphics, messages, and other materials (“Content”) accessible through the Site is the responsibility of the party who created or provided the Content. You are responsible for all uploaded, posted, emailed, and any other provided Content, not us. You will ensure you have the right to add any Content you might provide. By submitting Content, you expressly acknowledge and agree to the following: (i) you are the owner, with all rights to any and all communication, content and/or information that you post on the Site; or (ii) you are the legitimate and rightful grantee of a worldwide, royalty free, perpetual, irrevocable, sub-licensable, non-exclusive license to use, distribute, reproduce and distribute such Content. You further represent and warrant that all persons and entities connected with the Content, and all other persons and entities whose names, voices, photographs, likenesses, works, services and materials have been used in the Content or its exploitation, have authorized the use of their names, voices, photographs, likenesses, performances, and biographical data in connection with the advertising, promotion, trade and other exploitation of the Content and the rights granted herein. By posting to the Site, you are responsible for the accuracy of the Content (Reviews, storefront details, etc.), not us.
4.1 License to Your Content: You grant to us a worldwide, royalty free, perpetual, irrevocable, sub-licensable, non-exclusive license to use, distribute, reproduce and distribute such Content in any form, media, technology or any other way. You warrant and represent that the owner of the Content has completely waived any and all copyrights or intellectual property rights that would prohibit you from submitting Content on the Site.
5.0 Reviews: Our Reviews will include a Couple’s overall opinion of the Wedding Vendors they worked with throughout the wedding process. As part of the Review process, we will not make comments or remove posts, whether they are positive, neutral or negative in nature. However we reserve the right to remove Reviews if any of the below criteria are met:
6.0 Intellectual Property: The Site contains or uses copyrighted material, inventions, know how, potentially patentable business method material, design logos, phrases, names, logos, code and/or other computer code and/or scripts (collectively "Intellectual Property Content"), all of which, unless otherwise indicated and/or provided pursuant to a third party license, are our sole property, and we retain all applicable rights, interests and title thereto. We also claim ownership rights under the copyright and trademark laws with regard to the "look", "feel", "appearance" and "graphic function" of this Site, including but not limited to its color combinations, sounds, layouts and designs. You agree and acknowledge that your use of this Site does not give you any license or permission to use our (or any third party's) Intellectual Property Content. You shall not reproduce, modify, display, sell, or distribute the Intellectual Property Content, including but not limited to submitted Content contributed by you or any other Member, or use our Intellectual Property Content in any other way for public or commercial purposes. All other trademarks, service marks and copyrights are held by their rightful owners. You may not frame or link to the Site without our prior written permission. Unless otherwise agreed to in writing, you agree that no right, property, license, permission or interest of any kind in is intended to be given or transferred to or acquired by you pursuant to the execution, performance or non-performance of these Terms or any part thereof.
7.0 Feedback: You agree that we may use any ideas, suggestions, documents or proposals that you submit to us in any form at no cost. You grant us a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sub- licensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Site.
8.0 Copyright Infringement: By using this Site, you certify you will not infringe on any third party’s copyrighted material including that of Couples, Wedding Vendors, Bustld or any other individual or entity. You will also not remove or destroy any copyright notices or proprietary labels within the Site. Any violation of this clause shall result in removal from the Site and possible legal action. If you believe any materials or Content accessible on or from the Site infringe your copyright, you may request removal of those materials from the Site by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include the following:
Please send all notices to copyright@bustld.com.
9.0 Privacy: Please see our Privacy Policy to learn how we handle your information.
10.0 Indemnification You agree to indemnify, defend and hold us and our affiliates, and our respective directors, officers, employees and agents, harmless from and against any claims, liabilities, losses, damages, costs and expenses, including reasonable attorneys' fees, arising from or relating to your use of the Site, your submissions to the Site, or any violation of these Terms, or applicable law, by you or by someone accessing the Site via your account. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you agree to cooperate with us in defending such claims. This indemnification, defense and hold harmless obligation will survive these Terms and the termination of your use of the Site.
11.0 No Warranty: BUSTLD, OUR EMPLOYEES, AND OUR SUPPLIERS PROVIDE THE SITE AND THE SERVICES THEREON "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESSED, IMPLIED OR STATUTORY. WITHOUT LIMITING THE FOREGOING, WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. BUSTLD 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. BUSTLD DOES NOT REPRESENT OR WARRANT THAT DATA YOU STORE ON THE SITE (FOR EXAMPLE, IN CONNECTION WITH TOOLS) WILL BE SECURE, AVAILABLE OR PRESERVED. BUSTLD DOES NOT REPRESENT OR WARRANT THAT ALL TOOLS OR OTHER SERVICES ON THE SITE WILL CONTINUE TO BE OFFERED.
12.0 Limitations of Liability: IF YOU ARE DISSATISFIED WITH THE SITE, OR ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE'S TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
IN NO EVENT WILL WE OR ANY OF OUR AFFILIATES, OR ANY OF OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS, BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES) ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SITE (OR THE CONTENT, MATERIALS AND FUNCTIONS PROVIDED AS PART OF THE SITE), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR STRICT LIABILITY, EVEN IF WE KNEW, SHOULD HAVE KNOWN OR HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING AND WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, AND OF ANY OF OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY RELATING TO THE USE OF THE SITE, WILL NOT EXCEED THE AMOUNT YOU HAVE ACTUALLY PAID TO US, IF ANY, FOR USE OF THE SITE, OR, IF APPLICABLE, FOR USE OF THE SPECIFIC SITE FEATURE OR SERVICE FROM WHICH THE CLAIM IN QUESTION FIRST AROSE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, AND OUR AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS, IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.
13.0 Links: This Site may contain links to other sites which are provided solely as a convenience to you, or which are provided by other Users. We are not responsible for the availability of external sites or resources linked to the Site, and do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. Transactions that occur between you and such third-party sites are strictly between you and the third party and are not our responsibility. Because we are not responsible for the availability or accuracy of these outside resources or their contents, you should review the terms and conditions and privacy policies of these linked sites, as their policies may differ from ours.
14.0 Bustld Virtual Planning Service: Bustld offers a monthly subscription package (“Bustld Virtual Planning Service”) in which Couples may pay a monthly subscription fee as stated in your subscription terms with Bustld, to be paid in accordance with this Section 14 and Section 3 of these Terms.
14.1 The Virtual Planning Program will provide you with additional resources, support, and advice from Bustld during your wedding planning. Bustld wedding professionals will be available to answer a Couple’s questions via email during the hours of 9:30 a.m. – 4:30p.m. (ET) Monday – Friday. Registered Couples can expect up to two (2) business day (Expedited) or three (3) business day (Pro) turnaround for questions. Couples can ask questions about any component of planning. Vendor recommendations will be made through the quiz provided by Bustld. By subscribing for the Bustld Virtual Planning Service, you acknowledge that Bustld has the right to share (1) results of any quizzes taken by Couples, (2) booked vendors, (3) Couple budget, and (4) information from time to time as needed with potential vendors to fulfill the Bustld Virtual Planning Service.
14.2 The Bustld Virtual Planning Service offers the following packages:
Deliverable edits, additional deliverables and/or planning calls are available for an additional fee of $300/hour. Couples will be charged every month on the same day as their initial payment is made. The fees for your Bustld Virtual Planning Service are billed in advance, are non-refundable, and automatically renew on a monthly basis. No refunds or credits will be provided when you participate in the Bustld Virtual Planning Service. To cancel, Couples will need to login to their account and cancel before the next month's payment is debited. Upon cancellation, all tools in the online portal will be put on hold and couple will no longer have access to those items.
14.3 Additional Terms:
14.3.1 Bustld will perform the agreed upon services in a professional manner and endeavor to plan and execute a successful event for Couples. However, Couples understand and agree that weddings are fast-moving and unpredictable, with unexpected circumstances that may arise during the course of the planning process and/or on the day of the Wedding. Bustld will not offer refunds following the occurrence of such circumstances.
14.3.2 Bustld reserves the right to cease working on the wedding and terminate this Agreement if Couple(s) are not cooperating toward the same goal and begin to interrupt the planning process (i.e. bad attitudes; treating the planner unprofessionally; etc.). In this case, any monies paid will be kept by Bustld as liquidated damages for its time and efforts up to the date of termination. Couples will not be required to remit further payments to Bustld in the event of Bustld’s termination of this Agreement for Couples’ conduct. Couples agree that in the event that Bustld employees or wedding professionals determine in his or her sole discretion that he or she has suffered any inappropriate behavior by Couple, Couple’s family or Couple’s guests during the planning process which rises to the level of harassment (physical or verbal) toward wedding professions, Bustld or its employees, the following steps will be taken: first, a verbal warning; second, the immediate terminatation of services.
14.3.4 Bustld owns, possesses or controls certain trade secrets and other proprietary and confidential information acquired through the expenditure of time, effort and money, including, but not limited to, planning documents, instructional documents, timelines, schedules, checklists, schematics, and terms of this agreement including pricing (“Confidential Information”). Couples agree to not disclose to any third party and keep the Confidential Information and proprietary interests of Bustld strictly confidential.
14.3.5 Bustld may recommend vendors through it’s algorithm. However, the final selection in hiring any Vendor is at the sole discretion and responsibility of the Couple. The Couple also assumes all financial responsibility for selected Vendors. Bustld assumes no responsibility in any way for any negligence, non-performance or other misconduct by selected Vendors. Each Vendor contract with the Couple will be subject to review and approval by the Couple.
14.3.6 Couple understands if they purchase a package and have already done work or skipped steps, they will not be reimbursed.
15.0 Miscellaneous.
15.1 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.
15.2 The parties are acting hereunder as independent contractors, and neither party shall have any authority to act on behalf of or legally bind the other party. It is expressly understood and agreed that for all purposes, including but not limited to, workers' compensation insurance, unemployment insurance, FICA, and federal and state tax withholding, neither party’s employees, agents or subcontractors shall be considered an employee of the other party and are not entitled to any benefits provided to the employees of the other party.
15.3 The obligations herein set forth are personal to each party and neither party may assign its rights or obligations under these Terms or in any order to any third party without the express written consent of the other party, which consent shall not be unreasonably withheld. Notwithstanding the foregoing, an assignment or delegation that may occur, or be deemed to have occurred, as a result of a merger, sale of assets, or other business combination of a party, is permitted without the prior written consent of the other party.
15.4 Any notices, requests, demands or other communications hereunder shall be deemed to have been duly given when personally delivered; delivered by a nationally recognized overnight mail service; mailed by United States registered or certified mail, return receipt requested, postage prepaid; or when transmitted by facsimile or electronic mail with a confirmation sent by first-class mail to the parties’ respective signatories at their respective addresses set forth above in the preamble to the Agreement.
15.5 No waiver by a party of any breach of the Agreement shall be deemed to be a waiver of any subsequent breach of the same or any other provision. Any provision of the Agreement which is held or otherwise deemed to be invalid or unenforceable in any jurisdiction shall be severable from the Agreement in that jurisdiction only; no such invalidity shall affect the remainder of the provisions.
15.6 This Agreement and any vendor contract constitutes the entire agreement between the parties and there are no representations, warranties, covenants or obligations except as set forth herein. This Agreement supersedes all prior and contemporaneous agreements, understandings, negotiations and discussions, written or oral, of the parties hereto, relating to any transactions contemplated by these Terms.
15.7 Except for payment obligations, neither party shall be deemed to be in breach of these Terms for any failure or delay in performance caused by reasons beyond its reasonable control, including but not limited to acts of God, war, riots, orders of government, strikes, pandemic, acts of a governmental body, failure of the Internet or shortages of materials.
16.0 Governing Law: By visiting or using the Site, you agree that the laws of the State of North Carolina, 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 us. 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 Mecklenburg County, North Carolina, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non convenient with respect to, venue and jurisdiction in the state and federal courts of Mecklenburg County, North Carolina.
17.0 Non-Discrimination Policy: Bustld will not tolerate, under any circumstance, without exception, any form of discrimination based on race, creed, religion, color, age, disability, sexual orientation, pregnancy status, national origin, political affiliation, sex or any other status protected by the law. This list is not exhaustive. As such, it prohibits discrimination by any of its users and vendors. Bustld will take steps, in its sole discretion, to enforce this policy, up to and including the suspension from the Website of anyone who violates this policy. If you experience discrimination while utilizing Bustld, please email support@bustld.com with the subject “Non-Discrimination,” so we can investigate and take appropriate measures.
