Terms of Service

We’re not big on “rules” and “regulations.” But our lawyers insisted that we have this on the site, and we pay them too much to ignore them. So give it a read if you’re into that sort of thing. Or if you’re looking to slip into a coma.

TERMS OF SERVICE

Date of last revision: September 13, 2021----

OVERVIEW

The websites, https://alvies.com and https://bootparty.com, are owned and operated by Alvies, LLC (“Alvies”). Throughout the site and these Terms, the terms “we”, “us” and “our” refer to Alvies, LLC. Alvies, LLC offers these websites, including all information, tools and services available from these sites to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.By visiting either of our sites and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.Please read these Terms of Service carefully before accessing or using our websites. By accessing or using any part of these sites, you agree to be bound by these Terms of Service. By accessing or using this website, mobile websites or other Alvies websites or products (“Alvies web”) or services on any computer, mobile phone, tablet, console or other devices, you agreeing that you have read, understand and agree to be bound by these Terms of Service and any other applicable law, whether or not you are a registered member of Alvies. If you do not agree to all the terms and conditions of this agreement, then you may not access the Alvies web or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.Any new features or tools which are added to the site shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. We will post the date of last revision within these Terms of Service. It is your responsibility to check this page periodically for changes. If you are an unregistered user at the time of any change, the revised terms will be effective upon posting on and your use of the website after such posting will constitute acceptance by you of the revised Agreement. If you are a registered user at the time of any change, you will receive an email notice of such change and your continued use of the site after receipt of such notice will constitute acceptance by you of the revised Terms of Service. Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 — ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).You must not transmit any worms or viruses or any code of a destructive nature.A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 — GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 — ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 — MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 — PRODUCTS OR SERVICES (IF APPLICABLE)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 — ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.For more detail, please review our Returns Policy

SECTION 7 — OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 — THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 — USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 — INTELLECTUAL PROPERTY

All intellectual property on the Alvies web is owned by Alvies, which includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks and trade names (i.e.: the Alvies name and the logo design) are owned, registered and/or licensed by Alvies. All content on the website, including but not limited to text, software, scripts, code, designs, graphics, photos, videos, applications, interactive features and all other content ("Content") is a collective work under the United States and other copyright laws and is the proprietary property of Alvies; All rights reserved.

SECTION 11 — ALVIES WEB USE RESTRICTIONS

You may use the Content only for your own non-commercial use to participate in the Alvies web or to place an order or purchase Alvies products or Services. You agree not to change or delete any ownership notices from materials downloaded or printed from the website. You agree not to modify, copy, translate, broadcast, perform, display, distribute, frame, reproduce, republish, download, display, post, transmit or sell any Intellectual Property or Content appearing on the Alvies web, including User Generated Content, without Alvies prior written consent, unless it is your own User Generated Content that you legally post on the Alvies web. You agree not to use any data mining, robots, scraping or similar data gathering methods. Nothing in these Terms of Service shall be interpreted as granting any license of intellectual property rights to you.

SECTION 12 — PRODUCT ORDERS

All orders placed through the Alvies web are subject to Alvies acceptance. This means that Alvies may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your credit card has already been charged for an order that is later cancelled, Alvies will issue you a refund.

SECTION 13 — SAFEGUARD YOUR USERNAME/PASSWORD

You are responsible for any actions that take place while using your Alvies account. Keep your username/password secure and do not allow anyone else to use your username/password to access the Alvies web. Alvies is not responsible for any loss that results from the unauthorized use of your username/password, with or without your knowledge.

SECTION 14 — CUSTOMER PHOTO, VIDEO AND USER-GENERATED CONTENT SHARING:

These Terms of Service govern your conduct associated with the Customer Photo and Video Sharing service offered by Alvies (the "CPVS Service"). To the extent there is any conflict between Alvies' Privacy Policy and these Terms of Service, these Terms of Service shall control with respect to the CPVS Service.By submitting any content to Alvies, you represent and warrant that: you are the sole author and owner of the intellectual property rights thereto; all "moral rights" that you may have in such content have been voluntarily waived by you; all content that you post is accurate; you are at least 13 years old; use of the content you supply does not violate these Terms of Service and will not cause injury to any person or entity.You further agree and warrant that you shall not submit, upload, post, transmit or distribute any content: that is known by you to be false, inaccurate or misleading; that infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); that is, or may reasonably be considered to be, abusive, obscene, profane, indecent, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation; for which you were compensated or granted any consideration by any third party; that includes any information that references other websites, addresses, email addresses, passwords, contact information or phone numbers; that contains any computer viruses, spyware, worms or other potentially damaging computer programs or files.For any content that you submit, you grant Alvies a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from, and/or distribute such content, and/or incorporate such content into any form, medium or technology throughout the world without compensation to you. You further agree that Alvies shall have the unrestricted right to use any ideas or information contained in any content that you submit, or materials or ideas similar to them, in any medium, now and in the future, without notice, compensation or other obligation to you or any other person. You further release and waive all claims against Alvies with respect to any intellectual property or other proprietary rights, rights of publicity and privacy, rights of attribution, or any other such liability under the governing law of the United States.Any content that you submit Alvies may or may not be published or used Alvies. Alvies reserves the right to edit, condense or delete any submitted content that is ultimately posted on Alvies website if Alvies deems, in its sole discretion, that such content violates these Terms of Service. Alvies does not guarantee that you will have any recourse through Alvies to edit or delete any content you have submitted. Alvies may also need to provide disclosures with respect to any content submitted and published by Alvies. Alvies reserves the right to remove or to refuse to post any submission for any reason. You acknowledge that you, not Alvies, are responsible for the contents of your submission. None of the content that you submit shall be subject to any obligation of confidence on the part of Alvies, its agents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees.By submitting a photo or video, you agree that Alvies may contact you about your photo or video and for other administrative purposes. Alvies may share your comments and data to our third-party service providers, solely for customer service purposes. By submitting a photo or video, any information you submit may be directed to a third party site administered and hosted by a third party vendor retained by Alvies provided that, in such event, the third party vendor will have no right to use any such information other than uses necessary to fulfill its services to Alvies.ALVIES DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES ABOUT THE PHOTO OR VIDEO SUBMISSION PROCESS, OR ANY RELATED WEBSITE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE PHOTO AND VIDEO SUBMISSION PROCESS IS MADE AVAILABLE TO YOU "AS IS" AND "AS AVAILABLE" AND RALVIES DOES NOT WARRANT THAT THEY WILL BE FREE OF DEFECTS.Under no circumstances shall Alvies and/or its affiliates be liable for any damages or injury, including any direct, special, incidental, consequential, punitive or other damages, that may result from the use of, or inability to use, the photo and video submission process, or any related website, whether in an action of contract, tort, strict liability or negligence, or other actions, arising out of or in connection with the use or performance of the photo and video submission process, or any related website, even if Alvies has been advised of the possibility of such damages. These include but are not limited to damages or injury caused by error, omission, interruption, defect, failure of performance, delay in operation or transmission, line failure or computer virus, worm, Trojan horse or other harmful component.You agree to indemnify and hold Alvies (and their respective officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers, including but not limited to Rivet Works, Inc.), harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys' fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.These Terms of Service and their enforcement shall be governed by the laws of Texas, excluding its conflict of laws provisions. You agree to submit to jurisdiction in Texas and further agree that any cause of action arising under these Terms of Service shall be brought in a court in Travis County, Austin, Texas, USA, and you hereby accept and submit to the personal jurisdiction of these courts with respect to any legal actions, suits or proceedings arising out of these Terms of Service.

SECTION 15 — PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. View our Privacy Policy.

SECTION 16 — ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related Alvies web is inaccurate at any time without prior notice (including after you have submitted your order).We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 17 — PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 18 — DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.In no case shall Alvies, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 19 — INDEMNIFICATION

You agree to indemnify, defend and hold harmless Alvies and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 20 — SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 21 — TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 22 — ADDITIONAL TERMS FOR BOOT PARTIES

IF YOU HAVE BOOKED A BOOT PARTY, THE FOLLOWING TERMS ARE APPLICABLE TO YOU. THESE ADDITIONAL TERMS FOR BOOT PARTIES ARE SUPPLEMENTAL TO THE TERMS OF SERVICE AND ARE TO BE READ IN CONJUNCTION WITH THOSE TERMS. IN THE EVENT OF ANY CONFLICT BETWEEN THESE ADDITIONAL TERMS FOR BOOT PARTIES AND THE TERMS IN THEIR APPLICATION TO BOOT PARTIES, THESE ADDITIONAL TERMS SHALL CONTROL:

22.1 BY CLICKING THE “I ACCEPT” BUTTON WHEN YOU BOOKED A BOOT PARTY, YOU (I) ACCEPT THESE TERMS OF SERVICE; (II) AGREE TO BE BOUND BY THEM; AND (III) HAVE ENTERED INTO A BINDING AGREEMENT BETWEEN YOU AND ALVIES.

22.2 LICENSE

You grant Alvies and its employees, representatives, agents, contractors, and assigns a fixed term, nonexclusive, and nontransferable license to use and occupy portions of your home, apartment or event space to set up and run the Boot Party.

22.3 ALCOHOL

IF REQUESTED BY YOU, FOR AN ADDITIONAL FEE, ALVIES WILL PROVIDE ALCOHOLIC BEVERAGES OF YOUR CHOICE AT YOUR BOOT PARTY. YOU UNDERSTAND THE ALVIES IS NOT TABC CERTIFIED AND DOES NOT PROVED BARTENDERS OR BARTENDING SERVICES. YOU MUST PROVIDE YOUR OWN IN-HOUSE BARTENDING SERVICE OR A PROFESSIONAL LICENSED & INSURED BARTENDING SERVICE WHEN ALCOHOL WILL BE AN ELEMENT AT YOUR BOOT PARTY. YOU REPRESENT AND WARRANT THAT YOU WILL ASK FOR APPROVED IDENTIFICATION FOR ANY GUEST THAT APPEARS TO BE LESS THAN 25 YEARS OF AGE. YOU UNDERSTAND THAT, TO THE FULLEST EXTENT ALLOWED BY LAW, ALVIES DISCLAIMS ALL LIABILITY RELATED TO AN ALCOHOL RELATED INCIDENTS THAT MAY OCCUR DURING OR AFTER THE BOOT PARTY.

YOU DO HEREBY REMISE, RELEASE, ACQUIT AND FOREVER DISCHARGE ALVIES, ITS OWNERS, EMPLOYEES, SUCCESSORS, ASSIGNS, OFFICERS, AND AFFILIATES (COLLECTIVELY IN THIS PARAGRAPH “ALVIES”) OF AND FROM ANY AND ALL LIABILITIES, CLAIMS, REMEDIES, DEMANDS, SUITS OR CAUSES OF ACTION OF WHATSOEVER KIND OR CHARACTER, IN WHOLE OR IN PART, WHETHER CHOATE OR INCHOATE, WHICH YOU OR YOUR GUESTS MAY EVER HAVE AGAINST ALVIES THAT IN ANY WAY DIRECTLY OR INDIRECTLY RELATE TO, RESULT FROM, ARE BASED UPON, OR ARISE OUT OF THE SERVING ALCOHOL INCLUDING CONSUMPTION OF ALCOHOLIC BEVERAGES AT YOUR BOOT PARTY. YOU FURTHER AGREE TO INDEMNIFY, SAVE, AND HOLD ALVIES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, DAMAGES, LIABILITIES, LAWSUITS, LITIGATION, ATTORNEYS FEES, EXPENSES, OR ARBITRATIONS ARISING OUT OF ANY ACTIONS COMMITTED BY YOU OR YOUR GUESTS, EITHER INTENTIONALLY OR NEGLIGENTLY, DURING OR AFTER THE BOOT PARTY.

22.4 ILLEGAL ACTS

You hereby represent and warrant to Alvies that at all times during the Boot Party You and your guests will (i) obey all federal, state, and local laws; and (ii) strictly abide by any and all applicable rules and regulations including orders of police and fire departments. Alvies represents the same to You.

22.5 FORCE MAJEURE / RESCHEDULING

If the Boot Party must be cancelled, at any time, as a result of circumstances outside the reasonable control of Alvies or You, such as strike, epidemic, war, emergency or act of God, both parties waive against each other any claim for damages and the Agreement shall be deemed terminated. In the event of such cancellation, You shall have the option to reschedule the Boot Party provided You notify Alvies in writing that you wish to reschedule the Boot Party.

22.6 USE OF PHOTOS

You on behalf of yourself and your guests hereby grant to Alvies and its legal representatives and assigns the right to use any video record, photography, and audio record of the event (collectively, “Recordings”). You understand that the Recordings will be maintained and made available indefinitely by Alvies for promotion and production, and other purposes as Alvies shall determine appropriate or necessary for Alvies’s business purposes. You on behalf of yourself and your guests hereby releases Alvies and its legal representatives and assigns from any and all claims and liability relating to the Recordings.

22.7 YOUR WAIVERS

If Alvies, through its own fault damages or destroys any item of your property, supply or material, Alvies’s liability for such damage or destruction is limited to up to one hundred dollars ($100) per item. You waive any claim against Alvies or its employees, contractors or agents for any damage to or destruction of any single item of your property, supply or material caused by Alvies, its employees, contractors or agents for any amount above one hundred dollars ($100). Alvies assumes no responsibility for any loss by you or your guests of any property or valuables before, during or after the Boot Party. Alvies shall not be liable for delay or failure in the performance of any part of this Agreement for any cause beyond its control and without its fault or negligence. Alvies shall also not be liable for any delay or performance failure caused by your failure to perform any of your obligations under this Agreement.

22.8 INSURANCE / INDEMNITY

Alvies carries a policy of general business liability insurance with limits of $2,000,000 Aggregate/$1,000,000 per occurrence. You shall indemnify, defend and hold Alvies, its employees, contractors, officers, owners, agents, vendors, retainees and subcontractors harmless from and against any and all claims, losses, damages, causes of action, suits, and liabilities of every kind, including all costs of litigation, court costs, and attorney’s fees, due to the claimed injury to or death of any person, or for damage to or loss of any property, caused, directly or indirectly, solely or jointly, by the negligence, intentional acts and/or other acts or omissions of one or more of the following: You or your family members, employees, contractors, agents, guests, invitees, attendees, or any other person or entity involved in any way with or attending the Boot Party.

22.9 LIMITATION OF LIABILITY FOR BOOT PARTIES

IN NO EVENT SHALL ALVIES BE LIABLE UNDER ANY THEORY OF LIABILITY, WHETHER IN AN EQUITABLE, LEGAL, OR COMMON LAW ACTION ARISING FROM A BOOT PARTY FOR CONTRACT, STRICT LIABILITY, INDEMNITY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, FOR DAMAGES WHICH, EXCEED FIVE HUNDRED US DOLLARS ($500.00) AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. IN NO EVENT SHALL ALVIES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND AND HOWEVER CAUSED, INCLUDING BUT NOT LIMITED TO BUSINESS INTERRUPTION OR LOSS OF PROFITS, BUSINESS OPPORTUNITIES, OR GOOD WILL EVEN IF NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGE AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.

SECTION 23 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 24 — CURRENT VERSION OF TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

SECTION 26 — CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at [email protected].Everybody got that? Great!