Terms of Service for Non-European Users
Section 23 of these Terms contains an arbitration agreement and class action waiver that apply to all claims brought against Bartend My Party in the United States. Please read them carefully.
Last Updated: May 4, 2022
Thank you for using Bartend My Party!
These Terms of Service (“Terms”) are a binding legal agreement between you and Bartend My Party that govern your right to use the websites, applications, and other offerings from Bartend My Party (collectively, the “Marketplace”). When used in these Terms, “Bartend My Party,” “BMP” “we,” “us,” or “our” refers to Bartend My Party, LLC and Zeus Ventures Group, LLC.
The Bartend My Party Marketplace provides an online marketplace that enables users (“Members”) to publish, offer, search for, and book bartending services. Members who publish and offer their services are “Bartenders” and Members who search for, book, or use services are “Party Hosts.” Bartenders offer activities and events (“Experiences”), and a variety of other party hosting services (collectively, “Bartenders Services,” and each Bartender’s Service offering, a “Listing”). You must register an account to access and use many features of the Bartend My Party Marketplace and must keep your account information accurate. As the provider of the Bartend My Party Marketplace, Bartend My Party does not own, control, offer or manage any Listings or Bartenders Services. Bartend My Party is not a party to the contracts entered into directly between Bartenders and Party Hosts, nor is Bartend My Party an event management company, event hosting provider, agency, or insurer. Bartend My Party is not acting as an agent in any capacity for any Member, except as specified in the Payments Terms of Service (“Payment Terms”). To learn more about Bartend My Party’s role see Section 16.
If you are a Bartender, you are responsible for understanding and complying with all laws, rules, regulations, and contracts with third parties that apply to your Bartending Services.
Table of Contents
- 1. Our Mission.
- 2. Searching and Booking on Bartend My Party.
- 3. Cancellations, Travel Issues, Refunds and Booking Modifications.
- 4. Your Responsibilities and Assumption of Risk.
- 5. Bartendersing on Bartend My Party.
- 6. Managing Your Listing.
- 7. Cancellations, Travel Issues, and Booking Modifications.
- 8. Taxes
- 9. Reviews.
- 10. Content.
- 11. Fees.
- 12. Bartend My Party Marketplace Rules.
- 13. Termination, Suspension and other Measures.
- 14. Modification.
- 15. Resolving Complaints and Damage Claims.
- 16. Bartend My Party’s Role.
- 17. Member Accounts.
- 18. Disclaimer of Warranties.
- 19. Limitations on Liability.
- 20. Indemnification.
- 21. United States Governing Law and Venue.
- 22. United States Dispute Resolution and Arbitration Agreement.
- 23. Miscellaneous.
1. Our Mission.
Our mission is to create a world where everyone can access qualified, quality Bartenders for their events, parties, and activities in a centralized marketplace. Learn more about a Listing by reviewing the description and photos, the Bartenders profile, and Party Host reviews. If you have questions, just message the Bartenders.
2. Searching and Booking on Bartend My Party.
2.1 Searching. You can search for Bartender’s Services by using the zip code in which you are hosting your party. You can also use additional filters to refine your search results criteria like the type of Bartenders Services, type of parties they participate in, and their reviews.
2.2 Booking. When you book a Listing, you are agreeing to pay all charges for your booking including the Listing price, applicable fees like Bartend My Party’s service fee, and any other items identified during checkout (collectively, “Total Price”). When you receive the booking confirmation, a contract for Bartenders Services (a "Reservation") is formed directly between you and the Bartenders. In addition to these Terms, you will be subject to, and responsible for complying with, all terms of the Reservation, including without limitation, the cancellation policy and any other rules, standards, policies, or requirements identified in the Listing or during checkout that apply to the Reservation. It is your responsibility to read and understand these rules, standards, policies, and requirements prior to booking a Listing. Be aware that some Bartenders work with a co- Bartenders or as part of a team to provide their Bartender Services.
2.3 Reservations for Bartenders Services. You are responsible for confirming that you, and anyone you invite, meet minimum age, proficiency, fitness, or other requirements. You are responsible for informing the Bartenders of any medical or physical conditions, or other circumstances that may impact your ability to participate, attend, or use the Bartender’s Services (i.e. allergies).
3. Cancellations, Refunds and Booking Modifications.
3.1 Cancellations and Refunds. In general, if as a Guest you cancel a Reservation, the amount refunded to you is determined by the cancellation policy that applies to that Reservation. But, in certain situations, other policies take precedence and determine what amount is refunded to you. If the Bartender cancels, you may be eligible for rebooking assistance or a partial or full refund.
3.2 Booking Modifications. Party Hosts and Bartenders are responsible for any booking modifications they agree to make via the Bartend My Party Marketplace and agree to pay any additional amounts, fees, or taxes associated with any Booking Modification.
4. Your Responsibilities and Assumption of Risk.
4.1 Your Responsibilities. You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you invite to join or provide access to any experience, event, party, or social gathering of any kind. For example, this means: (i) you are responsible for leaving an even hosting space (and related personal property) in the condition it was in when you arrived, (ii) you are responsible for paying all reasonable Damage Claim amounts necessary to cover damage that you, your guest(s), or your pet(s) cause to an even hosting space, and (iii) you must act with integrity, treat others with respect, and comply with applicable laws at all times. If you are booking for an additional guest who is a minor or if you bring a minor to a Bartenders Service, you must be legally authorized to act on behalf of the minor and you are solely responsible for the supervision of that minor, and affirm you will not provide or present a situation in which a minor is provided with any alcoholic beverages.
4.2 Your Assumption of Risk. You acknowledge that many activities carry inherent risks and agree that, to the maximum extent permitted by applicable law, you assume the entire risk arising out of your access to and use of the Bartend My Party Marketplace and any Content (as defined in Section 10), including your use of any other Bartender’s Service, or any other interaction you have with other Members whether in person or online. This means it is your responsibility to investigate a Bartender’s Service to determine whether it is suitable for you. For example, Bartender’s Services may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those Bartender’s Services.
5. Bartending on Bartend My Party.
5.1 Bartenders. As a Bartender, Bartend My Party offers you the right to use the Bartend My Party marketplace to share your Bartender’s Service with our vibrant community of Party Hosts - and earn money doing it. It’s easy to create a Listing and you are in control of how you Bartend - set your price, availability, and rules for each Listing.
5.2 Contracting with Party Hosts. When you accept a booking request or receive a booking confirmation through the Bartend My Party Marketplace, you are entering into a contract directly with the Guest, and are responsible for delivering your Bartender’s Service under the terms and at the price specified in your Listing. Any terms, policies, or conditions that you include in any supplemental contract with Party Hosts must: (i) be consistent with these Terms, and the information provided in your Listing, and (ii) be prominently disclosed in your Listing description.
5.3 Independence of Bartenders. Your relationship with Bartend My Party is that of an independent individual or entity and not an employee, agent, joint venturer, or partner of Bartend My Party, except that Bartend My Party Payments acts as a payment collection agent as described in the Payments Terms. Bartend My Party does not direct or control your Bartender’s Services, and you agree that you have complete discretion whether and when to provide Bartender’s Services, and at what price and on what terms to offer them. You further affirm that you carry all necessary state and federal licensure, insurance, and other applicable state and federal requirements for the state in which you are performing your Bartending’s Service.
6. Managing Your Listing.
6.1 Creating and Managing Your Listing. The Bartend My Party Marketplace provides tools that make it easy for you to set up and manage a Listing. Your Listing must include complete and accurate information about your Bartender Services, your price, other charges like cleaning fees, and any rules or requirements that apply to your Party Hosts or Listing. You are responsible for keeping your Listing information (including calendar availability) and content (like photos) up-to-date and accurate at all times. We recommend that you obtain appropriate insurance for your Bartender Services and suggest you carefully review policy terms and conditions including coverage details and exclusions. You may only maintain one Listing, but may have multiple Listings for Bartender’s Services you provide in specified zip codes.
6.2 Know Your Legal Obligations. You are responsible for understanding and complying with any laws, rules, regulations, and contracts with third parties that apply to your Listing or Bartender Services. For example: Some jurisdictions require Bartenders to register, get a permit, or obtain a license before providing certain Bartender Services (such as preparing food, serving alcohol for sale, or transporting alcohol between venues). In some places, the Bartender Services you want to offer may be prohibited altogether. Check your local rules to learn what rules apply to the Bartender Services you plan to offer. Information we provide regarding legal requirements is for informational purposes only and you should independently confirm your obligations. You are responsible for handling and using personal data of Party Hosts and others in compliance with applicable privacy laws and these Terms. If you have questions about how local laws apply you should always seek legal advice.
6.3 Search Ranking. The ranking of Listings in search results on the Bartend My Party Marketplace depends on a variety of factors, including these main parameters:
- • Guest search parameters (e.g. number of guests, time and duration of the party or event, price range),
- • Listing characteristics (e.g. price, calendar availability, number and quality of images, Reviews, type of Bartender’s Service)
- • Bartender’s requirements (e.g. minimum or maximum hours, booking cut-off time), and
- • Guest preferences (e.g. saved Listings, location from where the Guest is searching).
Search results may appear different on our mobile application than they appear on our website.
6.4 Your Responsibilities. You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you allow to participate in providing your Bartender’s Services. You are responsible for setting your price and establishing rules and requirements for your Listing. You must describe any and all fees and charges in your Listing description and may not collect any additional fees or charges outside the Bartend My Party Marketplace except for tips for services rendered. Do not encourage Party Hosts to create third-party accounts, submit reviews, provide their contact information, or take other actions outside the Bartend My Party Marketplace.
6.5 Bartending as a Team or Organization. If you work with co-Bartenders or Bartenders as part of a team, business, or other organization, the entity and each individual who participates in providing Bartender Services is responsible and liable as a Bartender under these Terms. If you accept terms or enter into contracts, you represent and warrant that you are authorized to enter into contracts for and bind your team, business or other organization, and that each entity you use is in good standing under the laws of the place where it is established.
6.6 Your Assumption of Risk. You acknowledge that Bartending carries inherent risks and agree that you assume the entire risk arising out of your access to and use of the Bartend My Party Marketplace, offering Bartender’s Services, or any interaction you have with other Members whether in person or online. You agree that you have had the opportunity to investigate the Bartend My Party Marketplace and any laws, rules, regulations, or obligations that may be applicable to your Listings or Bartender Services and that you are not relying upon any statement of law made by Bartend My Party.
7. Cancellations and Booking Modifications.
7.1 Cancellations. In general, if a Guest cancels a Reservation, the amount paid to you is determined by the cancellation policy that applies to that Reservation. As a Bartender, you should not cancel on a Guest without a valid reason under applicable laws. If you cancel on a Guest without such a valid reason, we may impose a cancellation fee and other consequences. If a Guest receives a refund after you have already been paid, or the amount of the refund and other costs incurred by Bartend My Party exceeds your payout, Bartend My Party (via Bartend My Party Payments) may recover that amount from you, including by offsetting the refund against your future payouts. You agree that Bartend My Party’s Terms preempt the cancellation policy you set in situations where they allow for the cancellation of a Reservation and/or the issuance of refunds to Party Hosts. If we reasonably expect to provide a refund to a Guest under one of these policies, we may delay release of any payout for that Reservation until a refund decision is made.
7.2 Booking Modifications. Bartenders and Party Hosts are responsible for any Booking Modifications they agree to make via the Bartend My Party Marketplace.
8.1 Bartender’s Taxes. As a Bartender, you are responsible for determining and fulfilling your obligations under applicable laws to report, collect, remit, or include in your price any applicable VAT or other taxes ("Taxes").
8.2 Tax Information. In certain jurisdictions, Tax regulations may require that we report Tax information about you. If you fail to provide us with documentation that we determine to be sufficient to support any such obligation to withhold Taxes from payouts to you (in most cases last four of SSN), we may withhold payouts up to the amount as required by law, until sufficient documentation is provided. You agree that Bartend My Party may issue on your behalf invoices or similar documentation for VAT, GST, consumption, or other Taxes for your Bartender’s Services to facilitate accurate tax reporting by you, our Party Hosts, and/or their organizations. General Terms
After each Bartender Service, Party Hosts have an opportunity to review Bartenders. The Review must be accurate and may not contain any discriminatory, offensive, defamatory, or other language that violates our community guidelines. Reviews are not verified by Bartend My Party for accuracy and may be incorrect or misleading.
Bartend My Party may charge fees (and applicable Taxes) to Bartenders and Party Hosts for the right to use the Bartend My Party Marketplace. Except as otherwise provided on the Bartend My Party Marketplace, service fees are non-refundable. Bartend My Party reserves the right to change the service fees at any time and will provide Members notice of any fee changes before they become effective. Fee changes will not affect bookings made prior to the effective date of the fee change. If you disagree with a fee change you may terminate this agreement at any time pursuant to Section 13.2.
12. Bartend My Party Marketplace Rules.
12.1 Rules. You must follow these rules and must not help or induce others to break or circumvent these rules.
- • Act with integrity and treat others with respect
- o Do not lie, misrepresent something or someone, or pretend to be someone else.
- o Be polite and respectful when you communicate or interact with others.
- o Do not discriminate against or harass others.
• Do not scrape, hack, reverse engineer, compromise or impair the Bartend My
- o Do not hack, avoid, remove, impair, or otherwise attempt to circumvent any security or technological measure used to protect the Bartend My Party Marketplace or Content.
- o Do not decipher, decompile, disassemble, or reverse engineer any of the software or hardware used to provide the Bartend My Party Marketplace.
- o Do not take any action that could damage or adversely affect the performance or proper functioning of the Bartend My Party Marketplace.
• Only use the Bartend My Party Marketplace as authorized by these Terms or
another agreement with us
- o You may only use another Members’ personal information as necessary to facilitate a transaction using the Bartend My Party Marketplace as authorized by these Terms.
- o Do not use the Bartend My Party Marketplace, our messaging tools, or Members’ personal information to send commercial messages without the recipient’s express consent.
- o You may use Content made available through the Bartend My Party Marketplace solely as necessary to enable your use of the Bartend My Party Marketplace as a Guest or Bartender.
- o Do not use Content unless you have permission from the Content owner, or the use is authorized by us in these Terms or another agreement you have with us.
- o Do not request, make, or accept a booking or any payment outside of the Bartend My Party Marketplace to avoid paying fees, taxes or for any other reason. Payment exceptions include tips for services rendered at events, parties, or experiences.
- o Do not require or encourage Party Hosts to open an account, leave a review, complete a survey, or otherwise interact, with a third-party website, application or service before, during or after a Reservation, unless authorized by Bartend My Party.
- o Do not engage in any practices that are intended to manipulate our search algorithm.
- o Do not book Bartender’s Services unless you are actually using the Bartender’s Services.
- o Do not use, copy, display, mirror or frame the Bartend My Party Marketplace, any Content, any Bartend My Party branding, or any page layout or design without our consent.
• Honor your legal obligations
- o Understand and follow the laws that apply to you, including privacy, data protection, and export laws.
- o Do not use the name, logo, branding, or trademarks of Bartend My Party or others without permission.
- o Do not use or register any domain name, social media handle, trade name, trademark, branding, logo, or other source identifier that may be confused with Bartend My Party branding.
- o Do not offer Bartender Services that violate the laws or agreements that apply to you.
- o Do not offer or solicit prostitution or participate in or facilitate human trafficking.
12.2 Reporting Violations. If you believe that a Member, Listing or Content poses an imminent risk of harm to a person or property, you should immediately contact local authorities before contacting Bartend My Party. In addition, if you believe that a Member, Listing or Content has violated these Terms, you should report your concerns to Bartend My Party. If you reported an issue to local authorities, Bartend My Party may request a copy of that report. Except as required by law, you agree that we are not obligated to take action in response to any report.
12.3 Copyright Notifications. If you believe that Content on the Bartend My Party Marketplace infringes copyrights, please notify us in promptly.
13. Termination, Suspension and other Measures.
13.1 Term. The agreement between you and Bartend My Party reflected by these Terms is effective when you access the Bartend My Party marketplace (for example to create an account) and remains in effect until either you or we terminate the agreement in accordance with these Terms.
13.2 Termination. You may terminate this agreement at any time by sending us an email or by deleting your account. Bartend My Party may terminate this agreement and your account for any reason by giving you 30 days’ notice via email or using any other contact information you have provided for your account. Bartend My Party may also terminate this agreement immediately and without notice and stop providing access to the Bartend My Party Marketplace if you breach these Terms, you violate applicable laws, or we reasonably believe termination is necessary to protect Bartend My Party, its Members, or third parties. If your account has been inactive for more than two years, we may terminate your account without prior notice.
13.3 Member Violations. If (i) you breach these Terms, (ii) you violate applicable laws, regulations, or third-party rights, or (iii) Bartend My Party believes it is reasonably necessary to protect Bartend My Party, its Members, or third parties; Bartend My Party may, with or without prior notice:
- • suspend or limit your access to or use of the Bartend My Party marketplace and/or your account;
- • suspend or remove Listings, Reviews, or other Content;
- • cancel pending or confirmed bookings; or
- • suspend or revoke any special status associated with your account.
For minor violations or where otherwise appropriate as Bartend My Party determines in its sole discretion, you will be given notice of any intended measure by Bartend My Party and an opportunity to resolve the issue. You may appeal actions taken by us under this Section by emailing customer service. If a Reservation is cancelled under this Section, the amount paid to the Bartenders will be reduced by the amount we refund or otherwise provide to the Guest, and by any other costs we incur as a result of the cancellation.
13.4 Legal Mandates. Bartend My Party may take any action it determines is reasonably necessary to comply with applicable law, or the order or request of a court, law enforcement, or other administrative agency or governmental body, including the measures described above in Section 13.3.
13.5 Effect of Termination. If you are a Bartender and terminate your Bartend My Party account, any confirmed booking(s) will be automatically cancelled and your Party Hosts will receive a full refund. If you terminate your account as a Guest, any confirmed booking(s) will be automatically cancelled and any refund will depend upon the terms of the Reservation’s cancellation policy. When this agreement has been terminated, you are not entitled to a restoration of your account or any of your Content. If your access to or use of the Bartend My Party Marketplace has been limited, or your Bartend My Party account has been suspended, or this agreement has been terminated by us, you may not register a new account or access or use the Bartend My Party Marketplace through an account of another Member.
13.6 Survival. Parts of these Terms that by their nature survive termination, will survive termination of this agreement, including Sections 2 through 26.
Bartend My Party may modify these Terms at any time. When we make material changes to these Terms, we will post the revised Terms on the Bartend My Party Marketplace and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of any material changes by email at least 30 days before the date they become effective. If you disagree with the revised Terms, you may terminate this agreement immediately as provided in these Terms. If you do not terminate your agreement before the date the revised Terms become effective, your continued access to or use of the Bartend My Party Marketplace will constitute acceptance of the revised Terms.
15. Resolving Complaints and Damage Claims.
If a Member provides valid evidence that you, your guest(s) damaged the complaining Member’s real or personal property, or real or personal property the complaining Member is responsible for, including consequential damages, ("Damage Claim"), the complaining Member can notify Bartend My Party and/or seek compensation. You will be notified of the Damage Claim and be provided with an opportunity to respond. If you agree to pay, or if the Damage Claim is escalated to Bartend My Party and Bartend My Party determines in its sole discretion that the Damage Claim is valid and you are responsible for the Damage Claim, Bartend My Party via Bartend My Party Payments can collect the amount of the Damage Claim from you. You agree that Bartend My Party may seek to recover from you under any insurance policies you maintain and that Bartend My Party may also pursue against you any remedies it may have available under applicable law, including referral of the matter to a collections agency, and/or pursuit of available causes of action and/or claims against you. You agree to cooperate in good faith, provide any information Bartend My Party requests, execute documents, and take further reasonable action, in connection with Damage Claims, Member complaints, claims under insurance policies, or other claims related to your provision or use of Bartenders Services.
We offer you the right to use a marketplace that enables Members to publish, offer, search for, and book Bartender Services. While we work hard to ensure our Members have great experiences using Bartend My Party, we do not and cannot control the conduct of Party Hosts and Bartenders. You acknowledge that Bartend My Party has the right, but does not have any obligation, to monitor the use of the Bartend My Party maketplace and verify information provided by our Members. For example, we may review, disable access to, remove, or edit Content to: (i) operate, secure and improve the Bartend My Party marketplace (including for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) address Content that we determine is harmful or objectionable; (v) take actions set out in these Terms; and (vi) maintain and enforce any quality or eligibility criteria, including by removing Listings that don’t meet quality and eligibility criteria. Members acknowledge and agree that Bartend My Party administers its policies, including decisions about whether and how to apply them to a particular situation, at its sole discretion. Members agree to cooperate with and assist Bartend My Party in good faith, and to provide Bartend My Party with such information and take such actions as may be reasonably requested by Bartend My Party with respect to any investigation undertaken by Bartend My Party regarding the use or abuse of the Bartend My Party Marketplace. Bartend My Party is not acting as an agent for any Member except for where Bartend My Party Payments acts as a collection agent as provided in the Payments Terms.
17. Member Accounts.
You must register an account to access and use many features of the Bartend My Party marketplace. Registration is only permitted for legal entities, partnerships and natural persons who are 21 years or older. You represent and warrant that you are not a person or entity barred from using the Bartend My Party Marketplace under the laws of the United States, your place of residence, or any other applicable jurisdiction. You must provide accurate, current, and complete information during registration and keep your account information up to date. You may not register more than one account or transfer your account to someone else. You are responsible for maintaining the confidentiality and security of your account credentials and may not disclose your credentials to any third party. You are responsible and liable for activities conducted through your account and must immediately notify Bartend My Party if you suspect that your credentials have been lost, stolen, or your account is otherwise compromised. If and as permitted by applicable law, we may, but have no obligation to (i) ask you to provide identification or other information, (ii) undertake checks designed to help verify your identity or background, (iii) screen you against third-party databases or other sources and request reports from service providers, and (iv) obtain reports from public records of criminal convictions or sex offender registrations or their local equivalents.
We provide the Bartend My Party Marketplace and all Content “as is” without warranty of any kind and we disclaim all warranties, whether express or implied. For example: (i) we do not endorse or warrant the existence, conduct, performance, safety, quality, legality or suitability of any Guest, Bartenders, Bartender Services, Listing or third party; (ii) we do not warrant the performance or non-interruption of the Bartend My Party Marketplace; and (iii) we do not warrant that verification, identity or background checks conducted on Listings or Members (if any) will identify past misconduct or prevent future misconduct. Any references to a Member or Listing being "verified" (or similar language) indicate only that the Member or Listing or Bartend My Party has completed a relevant verification or identification process and nothing else. The disclaimers in these Terms apply to the maximum extent permitted by law. If you have statutory rights or warranties we cannot disclaim, the duration of any such statutorily required rights or warranties, will be limited to the maximum extent permitted by law.
19. Limitations on Liability.
Neither Bartend My Party (including its affiliates and personnel) nor any other party involved in creating, producing, or delivering the Bartend My Party Marketplace or any Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) the use of or inability to use the Bartend My Party Marketplace or any Content, (iii) any communications, interactions or meetings you may have with someone you interact or meet with through, or as a result of, your use of the Bartend My Party Marketplace, or (iv) publishing or booking of a Listing, including the provision or use of Bartender Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Bartend My Party has been informed of the possibility of such damage, even if a limited remedy set out in these Terms is found to have failed of its essential purpose.
Except for our obligation to transmit payments to Bartenders under these Terms, or make payments under the Bartend My Party Bartenders Damage Protection, in no event will Bartend My Party’s aggregate liability for any claim or dispute arising out of or in connection with these Terms, your interaction with any Members, or your use of or inability to use the Bartend My Party Marketplace, any Content, or any Bartenders Service, exceed: (A) to Party Hosts, the amount you paid as a Guest during the 12- month period prior to the event giving rise to the liability, (B) to Bartenders, the amount paid to you as a Bartender in the 12-month period prior to the event giving rise to the liability, or (C) to anyone else, one hundred U.S. dollars (US$100). These limitations of liability and damages are fundamental elements of the agreement between you and Bartend My Party. If applicable law does not allow the limitations of liability set out in these Terms, the above limitations may not apply to you.
To the maximum extent permitted by applicable law, you agree to release, defend (at Bartend My Party’s option), indemnify, and hold Bartend My Party (including Bartend My Party Payments, other affiliates, and their personnel) harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (i) your breach of these Terms (including any supplemental or additional terms that apply to a product or feature) (ii) your improper use of the Bartend My Party Marketplace, (iii) your interaction with any Member, participation in any Bartender Service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, participation or use, (iv) your failure, or our failure at your direction, to accurately report, collect or remit Taxes, or (v) your breach of any laws, regulations or third party rights such as intellectual property or privacy rights.
21. United States Governing Law and Venue.
If you reside or have your place of establishment in the United States, these Terms will be interpreted in accordance with the laws of the State of North Carolina and the United States of America, without regard to conflict-of-law provisions. Judicial proceedings (other than small claims actions) that are excluded from the arbitration agreement in Section 23 must be brought in state or federal court in Charlotte, North Carolina unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in Charlotte, North Carolina.
22. United States Dispute Resolution and Arbitration Agreement.
22.1 Application. This Arbitration Agreement only applies to you if your country of residence or establishment is the United States. If your country of residence or establishment is not the United States, and you nevertheless attempt to bring any legal claim against Bartend My Party in the United States, this Arbitration Agreement will apply for determination of the threshold issue of whether this Section 22 applies to you, and all other threshold determinations, including residency, arbitrability, venue, and applicable law.
22.2 Overview of Dispute Resolution Process. Bartend My Party is committed to participating in a consumer-friendly dispute resolution process. To that end, these Terms provide for a two-part process for individuals to whom this Section 22 applies: (1) an informal negotiation directly with Bartend My Party’s customer service team (described in paragraph 22.3, below), and if necessary (2) a binding arbitration administered by the American Arbitration Association (“AAA”). You and Bartend My Party each retain the right to seek relief in small claims court as an alternative to arbitration.
22.3 Mandatory Pre-Arbitration Dispute Resolution and Notification. At least 30 days prior to initiating an arbitration, you and Bartend My Party each agree to notify the other party of the dispute in writing and attempt in good faith to negotiate an informal resolution. You must send your notice of dispute to Bartend My Party by emailing it to email@example.com. Bartend My Party will send its notice of dispute to the email address associated with your Bartend My Party account. A notice of dispute must include: the party’s name and preferred contact information, a brief description of the dispute, and the relief sought. If the parties are unable to resolve the dispute within the 30-day period, only then may either party commence arbitration.
22.4 Agreement to Arbitrate. You and Bartend My Party mutually agree that any dispute, claim, or controversy arising out of or relating to these Terms or the applicability, breach, termination, validity, enforcement or interpretation thereof, or any use of the Bartend My Party Marketplace, Bartender Services, or any Content (collectively, “Disputes”) will be settled by binding individual arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and Bartend My Party agree that the arbitrator will decide that issue.
22.5 Exceptions to Arbitration Agreement. You and Bartend My Party each agree that the following causes of action and/or claims for relief are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction (as defined by Section 21): (i) any claim or cause of action alleging actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) any claim or cause of action seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack); or (iii) a request for the remedy of public injunctive relief; or (iv) any individual claim of sexual assault or sexual harassment arising from your use of the Bartend My Party Marketplace or Bartender Services. You and Bartend My Party agree that the remedy of public injunctive relief will proceed after the arbitration of all arbitrable claims, remedies, or causes of action, and will be stayed pending the outcome of the arbitration pursuant to section 3 of the Federal Arbitration Act.
22.6 Arbitration Rules and Governing Law. This Arbitration Agreement evidences a transaction in interstate commerce and the Federal Arbitration Act governs all substantive and procedural interpretation and enforcement of this provision. The arbitration will be administered by AAA in accordance with the Consumer Arbitration Rules and/or other AAA arbitration rules determined to be applicable by the AAA (the “AAA Rules“) then in effect, except as modified here. The AAA Rules are available at www.adr.org. In order to initiate arbitration, a completed written demand (available at www.adr.org) must be filed with the AAA and provided to the other party, as specified in the AAA rules.
22.7 Modification to AAA Rules - Arbitration Hearing/Location. In order to make the arbitration most convenient to you, Bartend My Party agrees that any required arbitration hearing may be conducted, at your option: (a) in the U.S. county where you reside; (b) in Mecklenburg county, (c) via phone or video conference; or (d) if all parties agree, by solely the submission of documents to the arbitrator.
22.8 Modification of AAA Rules - Attorney’s Fees and Costs. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, Bartend My Party will pay all arbitration fees and expenses. Either party may make a request that the arbitrator award attorneys’ fees and costs upon proving that the other party has asserted a claim, cross-claim or defense that is groundless in fact or law, brought in bad faith or for the purpose of harassment, or is otherwise frivolous, as allowed by applicable law and the AAA Rules.
22.9 Arbitrator’s Decision. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award any relief allowed by law or the AAA Rules, but declaratory or injunctive relief may be awarded only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
22.10 Jury Trial Waiver. You and Bartend My Party acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.
22.11 No Class Actions or Representative Proceedings. You and Bartend My Party acknowledge and agree that, to the fullest extent permitted by law, we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative or consolidated proceeding. Unless we agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If there is a final judicial determination that applicable law precludes enforcement of the waiver contained in this paragraph as to any claim, cause of action or requested remedy, then that claim, cause of action or requested remedy, and only that claim, cause of action or requested remedy, will be severed from this agreement to arbitrate and will be brought in a court of competent jurisdiction. In the event that a claim, cause of action or requested remedy is severed pursuant to this paragraph, then you and we agree that the claims, causes of action or requested remedies that are not subject to arbitration will be stayed until all arbitrable claims, causes of action and requested remedies are resolved by the arbitrator.
22.12 Severability. Except as provided in Section 22.11, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision will be severed and the remainder of the Arbitration Agreement will be given full force and effect.
22.13 Changes to Agreement to Arbitrate. If Bartend My Party changes this Section 22 after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject that change by sending us written notice (including by email) within 30 days of the date the change is effective. Rejecting a new change, however, does not revoke or alter your prior consent to any earlier agreements to arbitrate any Dispute between you and Bartend My Party (or your prior consent to any subsequent changes thereto), which will remain in effect and enforceable as to any Dispute between you and Bartend My Party.
22.14 Survival. Except as provided in Section 22.12 and subject to Section 13.6, this Section 22 will survive any termination of these Terms and will continue to apply even if you stop using the Bartend My Party Marketplace or terminate your Bartend My Party account.
23.1 Other Terms Incorporated by Reference. All suplimental policies and terms linked to in these Terms apply to your use of the Bartend My Party Marketplace, are incorporated by reference, and form part of your agreement with Bartend My Party.
23.2 Interpreting these Terms. Except as they may be supplemented by additional terms, conditions, policies, guidelines, standards, and in-product disclosures, these Terms (including those items incorporated by reference) constitute the entire agreement between Bartend My Party and you pertaining to your access to or use of the Bartend My Party Marketplace and supersede any and all prior oral or written understandings or agreements between Bartend My Party and you. These Terms do not and are not intended to confer any rights or remedies upon anyone other than you and Bartend My Party. If any provision of these Terms is held to be invalid or unenforceable, except as otherwise indicated in Section 22.11 above, such provision will be struck and will not affect the validity and enforceability of the remaining provisions. Where the word “will” is used in these Terms it connotes an obligation with the same meaning as “shall.”
23.3 No Waiver. Bartend My Party’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
23.4 Assignment. You may not assign, transfer or delegate this agreement or your rights and obligations hereunder without Bartend My Party's prior written consent. Bartend My Party may without restriction assign, transfer or delegate this agreement and any rights and obligations hereunder, at its sole discretion, with 30 days’ prior notice.
23.5 Notice. Unless specified otherwise, any notices or other communications to Members permitted or required under this agreement, will be provided electronically and given by Bartend My Party via email, Bartend My Party Marketplace notification, messaging service (including SMS and email), or any other contact method we enable and you provide.
23.6 Third-Party Services. The Bartend My Party Marketplace may contain links to third-party websites, applications, services or resources (“Third-Party Services”) that are subject to different terms and privacy practices. Bartend My Party is not responsible or liable for any aspect of such Third-Party Services and links to such Third-Party Services are not an endorsement.
23.7 Google Terms. Some translations on the Bartend My Party Marketplace are powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and non-infringement. Some areas of the Bartend My Party Marketplace implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.
23.8 Apple Terms. If you access or download our application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement.
23.9 Bartend My Party Marketplace Content. Content made available through the Bartend My Party Marketplace may be protected by copyright, trademark, and/or other laws of the United States and other countries. You acknowledge that all intellectual property rights for that Content are the exclusive property of Bartend My Party and/or its licensors and agree that you will not remove, alter, or obscure any copyright, trademark, service mark or other proprietary rights notices. You may not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit any Content accessed through the Bartend My Party Marketplace except to the extent you are the legal owner of that Content or as expressly permitted in these Terms. Subject to your compliance with these Terms, Bartend My Party grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view the Content made available on or through the Bartend My Party Marketplace and accessible to you, solely for your personal and non-commercial use.
23.10 Force Majeure. Bartend My Party shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
23.11 Emails and SMS. You will receive administrative communications from us using the email address or other contact information you provide for your Bartend My Party account. Enrollment in additional email subscription programs will not affect the frequency of these administrative emails, though you should expect to receive additional emails specific to the program(s) to which you have subscribed. You may also receive promotional emails from us. No fee is charged for these promotional emails, but third-party data rates could apply. You can control whether you receive promotional emails using the notification preferences in your account settings. Please note that you will not be able to take advantage of certain promotions if you disable certain communication settings or do not have an Bartend My Party account..
23.12 Contact Us. If you have any questions about these Terms please email us.