The Ladybird Event Co., LLC
Terms and Conditions of www.theladybirdeventco.com
TERMS AND CONDITIONS
Last updated: August 09, 2020
These Terms and Conditions (“Terms”, “Terms and Conditions”) govern your relationship with www.theladybirdeventco.com website (the “Service”) operated by The Ladybird Event Co., LLC (“us”, “we”, or “our”).
Please read these Terms and Conditions carefully before using the Service.
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Service.
On the Site, we provide planning, design, coordination services, tips and inspiration. (the “Service.”)
Use of the site and service
To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into these Terms of Service. Children under the age of 18 are prohibited from using the Site.
Lawful Purposes
You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.
Availability, Errors, and Inaccuracies
We are constantly updating our offerings of products and services on the Service. Information provided on the Site is subject to change. The company makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current or error-free including prices, product images, specifications, availability, and services. Company disclaims all liability for any inaccuracy, error or incompleteness in the Content. We may experience delays in updating information on the Service and in our advertising on other websites. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Intellectual Property
The Service and its original content, including, without limitation, trademarks, copyrights, proprietary information, and other intellectual property as well as the Company name, logo, all designs, text, graphics, other files, and the selection and arrangement thereof, also termed the “look and feel.” features and functionality are and will remain the exclusive property of The Ladybird Event Co., LLC and its licensors. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site, Service, Content or intellectual property, in whole or in part without our prior written consent of The Ladybird Event Co., LLC. We reserve the right to immediately remove you from the Site and Service, without refund, if you are caught violating this intellectual property policy. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries.
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by The Ladybird Event Co., LLC.
The Ladybird Event Co., LLC has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that The Ladybird Event Co., LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
Limitation Of Liability
In no event shall The Ladybird Event Co., LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
The Ladybird Event Co., LLC its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components, or d) the results of using the Service will meet your requirements.
Governing Law
These Terms shall be governed and construed in accordance with the laws of Rhode Island, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have between us regarding the Service.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is a material we will try to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms of Service.
Recovery of Litigation Expenses
If any legal action or any arbitration or other proceeding is brought for the enforcement of the Terms of Service, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of the Terms of Service, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
Severability
If any term, provision, covenant, or condition of the Terms of Service is held by any arbitrator or the court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Terms of Service shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
Assignment
These Terms of Service bind and inure to the benefit of the parties’ successors and assigns. These Terms of Service are not assignable, delegable, sublicenseable or otherwise transferable by You. Any transfer, assignment, delegation or sub-license by you is invalid.
Contact Us
If you have questions about these Terms, please contact us.
LIMITATION OF LIABILITY
YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL The Company be liable for any indirect, special, consequential, or punitive damages (including lost profits) arising out of or relating to these Terms of Service or the transactions it contemplates (whether for breach of contract, tort, negligence, or other form of action) and irrespective of whether the Company has been advised of the possibility of any such damage. In no event will the Company’s liability exceed the price the Customer ACTUALLY paid to the Company for the Program(S). In reference to the advice given in the content on this site, via email or via The Ladybird Event Co., LLC. digital downloads in the shop OR e-courses, this is not professional legal counsel but is rather a conversation for educational purposes. I highly recommend hiring a licensed attorney to clarify local laws for your small business.The Ladybird Event Co., LLC are not legally responsible for the accuracy or success of the content shared via resources provided.
GOVERNING LAW; VENUE; DISPUTE RESOLUTION
The Terms of Service shall be governed by the laws of the State of Rhode Island and any disputes arising from it must be handled exclusively in Providence, Rhode Island.
Disputes Related to Your Unpaid Fees
If a dispute arises under these Terms of Service regarding the Company’s collection of unpaid fees from you, the Company may take the matter to court, arbitration, mediation, or pursue any other legal remedy available to the Company. The prevailing party in any such arbitration, trial or other proceedings shall be awarded all filing fees, related administrative costs, and reasonable attorneys’ fees.
Disputes Not Related to Your Unpaid Fees
All other disputes or claims arising under or in any way related to these Terms of Service (and not regarding the collection of your unpaid fees by the Company) shall be submitted to neutral, non-binding mediation. The Parties to the dispute or claim agree to act in good faith, to participate in mediation, and to identify a mutually acceptable mediator in Providence, Rhode Island. All Parties to the mediation shall share equally in its cost. If the dispute or claim is resolved successfully through the mediation, the resolution will be documented by a written agreement executed by all Parties. If the mediation does not successfully resolve the dispute or claim, the mediator shall provide written notice to the Parties reflecting the same. Following unsuccessful resolution through mediation, the matter shall be submitted to binding arbitration. The Parties shall select a single arbitrator, and the arbitration shall take place in Providence, Rhode Island. The arbitrator’s decision shall be binding on the Parties and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction.
The prevailing party in any arbitration, trial or other proceedings shall be awarded all filing fees, related administrative costs, and reasonable attorneys’ fees.