Terms of Use

BITISLES, LLC - Terms & Conditions

Effective Date: December 14, 2020

THESE TERMS AND CONDITIONS CONTAIN A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT IMPACT YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. IF YOU LIVE IN THE UNITED STATES, PLEASE READ IT CAREFULLY.

BITISLES, LLC and its affiliates ("BITISLES") currently own or operate the following brands: BITISLES.COM, BITISLES, the MERCURY MAN Emblem, PROFLOWERS, PROPLANTS, and FLORIST EXPRESS, among others. These brands may be updated from time to time by BITISLES without notice.

BITISLES provides certain products and services through and other websites that it may introduce or acquire in the future; (b) various social media accounts, including, without limitation, Facebook, Twitter, Instagram, Pinterest and YouTube; and (c) through BITISLES's various other messaging, telephone and other forms of communications, mobile technologies, applications and services, in each case, as may be updated by BITISLES from time to time (collectively, the "BITISLES Services"). Your use of the BITISLES Services and any of its information, content and services available through the BITISLES Services are subject to these terms and conditions ("Terms"),  and any applicable site-specific policies included by reference in these Terms.

These Terms are current as of the Effective Date. BITISLES reserves the right to change these Terms from time to time. Please consult these Terms from time to time since BITISLES may, at any time, and without notice, revise these Terms by updating this posting.

Please read these Terms carefully.

By accessing or using the BITISLES Services, you are bound by these Terms and any revisions, so you should periodically visit this page to review the current Terms. Access or use of the BITISLES Services following any change to the Terms constitutes your agreement to those changes. If, at any time, you choose not to accept the terms of these Terms, you should not access or use the BITISLES Services.

You agree that you do not have any rights in the BITISLES Services and that BITISLES will have no liability to you if the BITISLES Services, or any portion thereof, are discontinued or your ability to access or use the BITISLES Services is terminated.

Table of Contents

1.      Authorized Users

2.      Account and Passwords

3.      Procedures for Purchases
     a.     Delivery Policies
     b.     BITISLES Gold Membership
     c.      Substitution Policy
     d.      Images

4.      Limited Guarantees

5.      Legal Notices

6.      Sweepstakes and Contests; Social Media Campaigns

7.      BITISLES Content

8.      BITISLES Use of User Content

9.      Third Party Content

10.   No Offensive or Infringing Use

11.   DMCA Notice

12.   Mobile Capabilities

13.   Security

14.   Communications

15.   Privacy Policy

16.   Binding Arbitration / Class Waiver

17.   Indemnity

18.   Warranty Disclaimer

19.   Limitation on Liability

20.   Limited Time to Bring Your Claim

21.   Trial by Jury

22.   Force Majeure

23.   Governing Law

24.   Miscellaneous

1.     Authorized Users.
You affirm that you are 13 years of age or older. Indeed, in order to make a purchase through the BITISLES Services, you must be 18 or older and have a valid credit card or other acceptable electronic payment method. Subject to these Terms, you may not use the BITISLES Services if you are unable to form a legal binding agreement with BITISLES. You agree that you are only authorized to visit or use the BITISLES Services for your own personal use and not for any business purposes without a separate agreement in writing with BITISLES. You may not use the BITISLES Services to purchase any product for resale by you or on behalf of any other person. You may not resell, either directly or indirectly, any product purchased using the BITISLES Services.

2.     Accounts and Passwords.
You may establish an account to use or access certain features of the BITISLES Services. During the account registration process, you will be asked to select a unique password. You are solely responsible for protecting the security and confidentiality of your password, as applicable, and are accountable for any activity undertaken through your BITISLES account. By logging into the BITISLES Services, you represent and warrant that: (a) you are the customer who registered for the BITISLES Services; and (b) that you are using the BITISLES Services only for permitted purposes. You will immediately notify BITISLES by providing notice to BITISLES Customer Service at www.Bitisles.com/custserv/ of any unauthorized use of the password or account or any other breach of security. You agree to exit from your account at the end of each session. If you create an account, you represent and warrant that: (i) you will not select or utilize a user name of another person with intent to impersonate that person; (ii) you will not select or utilize a user name in which another person has rights, if you do not have that person's authorization to use such name; and (iii) you will not select or utilize a user name that BITISLES in its sole discretion deems offensive.

BITISLES reserves the right, in its sole discretion, immediately and without notice, to suspend or terminate your account or your ability to access the BITISLES Services for any reason, including, without limitation, any breach of these Terms by you.

3.     Procedures for Purchases.
By accessing or using the BITISLES Services, you agree to the various BITISLES policies and procedures that apply to the purchase of the products or services offered through the BITISLES Services, which are made part of these Terms. Prices will be those in effect at the time of purchase (in U.S. dollars) and unless otherwise specified, exclude freight, handling fees, taxes, and duties. Pricing is based upon product availability and subject to correction or change at any time without notice. You are responsible for payment of all applicable taxes. All products are subject to availability. BITISLES reserves the right to accept, reject or cancel any order and to correct any errors, including, without limitation, publishing, descriptive, typographical, or any other similar errors.

You authorize BITISLES to hold, receive and disburse funds in accordance with your payment instructions. Your authorization permits BITISLES to (a) debit or credit your credit card, debit card, or other payment methods that we accept ("Cards"); or (b) initiate recurring charges from your Cards if you signed up for a service that requires automatic billing. When you place an order, you authorize and order BITISLES to commit your payment to the applicable BITISLES entity. Your authorizations will remain in full force and effect while you maintain your account with BITISLES.

(a) Delivery Policies:
-  BITISLES.COM: www.Bitisles.com/custserv/

(b) BITISLES Gold Membership.
For more information on the BITISLES Gold Membership, please visit www.Bitisles.com/custserv/Bitislesgoldmembershipfaqs.epl.

(c) Substitution Policy.
Substitutions may be necessary to ensure your arrangement or specialty gift is delivered in a timely manner. The utmost care and attention is given to your order to ensure that it is as similar as possible to the requested item.

Flowers
-  To guarantee the freshest bouquet possible, our florists may replace some stems in your arrangement for color or flower variety.
-  While we always do the best to match the picture shown, sometimes different vases may be used.
-  Any substitution made will be as similar as possible to the original design and be of equal or greater value.

Plants
-  For green and blooming plants, similar plants may be substituted of equal or greater value.
-  For one-of-a-kind plants, such as orchids, BITISLES will make every attempt to match the plant type, but may substitute with another color.
-  If the plant container shown online is not available, a similar container will be used.

Specialty Gifts
-  Specialty gifts may be substituted with another specialty gift of equal or greater value and of similar theme and category.

(d) Images.
BITISLES Services use images for display purposes only. Actual products may differ from product images displayed. Regardless of variations in products, we guarantee customer satisfaction in every order.

4.     Limited Guarantees.
BITISLES's brands offer important limited guarantees, which are provided below or in the links below:

-  BITISLES.COM: www.Bitisles.com/custserv/

5.     Legal Notices.
BITISLES posts legal notices on pages of the BITISLES Services. The BITISLES Services may contain references to trademarks, copyrighted materials, technologies, products, processes and software and other proprietary rights of BITISLES or other parties. Except as expressly provided in Section 7 of these Terms, no license to or right in any such trademarks, copyrighted materials, technologies, products, processes, software or other proprietary rights is granted to or conferred upon you.

6.     Sweepstakes and Contests; Social Media Campaigns.
BITISLES may conduct campaigns, contests and sweepstakes through BITISLES's various social media channels and, as part of those campaigns, contests and sweepstakes, BITISLES may solicit responses and submissions from you using various popular social media mechanisms used to indicate that you are responding to BITISLES. For example, you may respond on Facebook, Twitter or Instagram with a #yesBITISLES or direct your reply to @Bitislesflowers. By directing those responses and submissions to BITISLES, such responses and submissions are considered User Content (as defined in Section 8) under these Terms - and, in addition to the other obligations of Section 8 of the Terms, you agree to grant BITISLES a worldwide, non-exclusive, irrevocable, perpetual, royalty-free, sublicensable and transferable license to use, reproduce, distribute, edit, modify, translate, reformat, prepare derivative works based upon, display publicly, perform publicly and otherwise exploit (including, without limitation, over the Internet, broadcast television, radio or any other uses or media) such User Content, in whole or in part, including future rights that BITISLES (or its successors) may otherwise become entitled to that do not yet exist, as well as new uses, media, means and forms of exploitation throughout the universe exploiting current or future technology yet to be developed to the maximum extent permitted by applicable law.

7.     BITISLES Content.
Content on the BITISLES Services that is provided by BITISLES, its employees or its licensors, including original art work, graphics, photographs, images, screen shots, text, music, digitally downloadable files, video clips, trademarks, logos, product and character names, slogans and the compilation of the foregoing ("BITISLES Content") is the property of BITISLES or its licensors and is protected in the U.S. and internationally under trademark, copyright and other intellectual property laws.

You are authorized to access and use the BITISLES Services and related BITISLES Content; provided that: (a) your use of the BITISLES Services and BITISLES Content as permitted hereunder is solely for your personal, non-commercial use; (b) you will not copy, distribute or transfer any portion of the BITISLES Services or BITISLES Content on any media without BITISLES's prior written or electronic approval; (c) you will not alter, adapt, reverse engineer, or otherwise modify any part of the BITISLES Services or BITISLES Content other than as may be reasonably necessary to use that part of the BITISLES Services or BITISLES Content for its intended purpose; and (d) you will otherwise comply in full with these Terms. Any access or attempt to access other areas of any BITISLES computer system or other information contained on the system for any purpose other than as intended by BITISLES is strictly prohibited.

8.     BITISLES Use of User Content.
Subject to our Privacy Policy, BITISLES reserves the right to display advertisements in connection with any content provided by you to BITISLES ("User Content") and to use your User Content for advertising and promotional purposes. You acknowledge and agree that your User Content may be included on the websites and advertising networks of BITISLES's distribution partners and third-party service providers (including their downstream users) and that BITISLES has no obligation to compensate you (monetarily or otherwise) for BITISLES's use of your User Content now or in the future. You confirm that you own all right, title, and interest to your User Content and that your User Content does not infringe any intellectual property rights or violate privacy or publicity rights of any third party.

9.     Third Party Content.
BITISLES has no control over and is not responsible and assumes no liability for: (i) any third party content contained within the BITISLES Services; or (ii) the applicable third parties.

10.     No Offensive or Infringing Use.
BITISLES respects the intellectual property of others, and BITISLES expects its users to do the same. It is BITISLES's policy, in appropriate circumstances and at BITISLES's discretion, to disable or terminate users of the BITISLES Services who infringe or repeatedly infringe the copyrights or other intellectual property rights of BITISLES or other rights owners. When using the BITISLES Services, you will not use any feature of the BITISLES Services for any purpose that is illegal, tortious, obscene, threatening, defamatory, libelous, invasive of another's privacy, pornographic, racist, abusive, harassing, threatening, offensive, hateful, or otherwise injurious to the legal rights (such as rights of privacy and publicity) of third parties. You also agree not to upload, post, email, or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment.

11.     DMCA Notice.
If you are a copyright owner or an agent thereof and believe any User Content or other BITISLES Content infringes upon your copyrights, you may submit a notification of claimed infringement under the Digital Millennium Copyright Act ("DMCA") by providing notice to BITISLES Customer Service at www.Bitisles.com/custserv/ and include the following information:

(a) Identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

(b) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit BITISLES to locate the material;

(c) Information reasonably sufficient to permit BITISLES to contact you, such as an address, telephone number and, if available, an electronic mail address;

(d) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law;

(e) A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and

(f) A physical or electronic signature of a person authorized to act on behalf of the owner of a copyright that is allegedly infringed.

You acknowledge that if you fail to comply with substantially all of the above requirements of this Section your DMCA notice may not be valid and BITISLES may not be able to remove infringing content.

You should also send your notification to the following address:
BITISLES, LLC
Shenzhen, China

1881 Baoan Nan Road, Luohu District, Shenzhen, China, 518001
Please give us a call:
+86 0755-28169801
(Mon-Sun, 9am-6pm)

12.     Mobile Capabilities.
The BITISLES Services may include certain services available via your mobile phone, including, without limitation: (a) the ability to upload to BITISLES websites or applications via your mobile phone; (b) the ability to receive and reply to messages and to send content and messages using text messaging or push notifications; and (c) the ability to access the BITISLES Services from your mobile phone ("Mobile Services"). BITISLES does not charge for Mobile Services unless otherwise noted; however, your carrier's normal messaging, data and other rates and fees may still apply. Your carrier may prohibit or restrict certain Mobile Services and certain Mobile Services may be incompatible with your carrier or mobile device. You should check with your carrier to find out what plans are available and how much they cost. By using the Mobile Services you agree that BITISLES may communicate with you regarding the BITISLES Services and BITISLES's partners by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services will be communicated to BITISLES. You agree that in connection with the Mobile Services for which you are registered, BITISLES may send communications to your mobile device regarding BITISLES or other parties. Further, BITISLES may collect information related to your use of the Mobile Services. If you have registered for Mobile Services, you agree to notify BITISLES of any changes to your mobile number and update your account(s) through the BITISLES Services to reflect this change.

In addition, when you opt-in to text messaging (including SMS and MMS), you agree to receive promotional autodialed text alerts from BITISLES brands. You may reply to any text message with HELP for help or go to www.Bitisles.com/customer-service  for assistance. You may also text STOP to cancel receiving text messages. Messages will be sent periodically and messaging and data rates may apply. Carriers are not liable for delayed or undelivered messages. BITISLES's Privacy Policy can be viewed at www.Bitisles.com/privacy.

13.     Security.
You shall not violate or attempt to violate the security of the BITISLES Services. Violations of system or network security may result in civil or criminal liability. BITISLES reserves the right to investigate occurrences which may involve such violations and may involve and cooperate actively with law enforcement authorities in prosecuting users who have participated in such violations.

14.     Communications.
With respect to all communications with BITISLES including, without limitation, feedback, questions, comments, suggestions and the like: (a) you shall have no right to confidentiality in your communications and BITISLES shall have no obligation to protect your communications from disclosure; (b) BITISLES shall be free to reproduce, use, disclose and distribute your communications to others without limitation; and (c) BITISLES shall be free to use any ideas, concepts, know-how, content or techniques contained in your communications for any purpose whatsoever, including, without limitation, the development, production and marketing of products and services that incorporate such information without any consideration or accounting.

15.     Privacy Policy.
Your privacy is important to BITISLES. BITISLES's Privacy Policy is incorporated into, subject to and made part of these Terms. To review the BITISLES Privacy Policy, click here.

16.     Binding Arbitration / Class Waiver.
You and BITISLES agree that all disputes, controversies and claims related to these Terms (including the Privacy Policy, BITISLES Services and any order for any product or services from BITISLES) (each a "Claim"), shall be finally and exclusively resolved by binding arbitration as described in this Section, which may be initiated by either party by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party shall be final and binding on the other.

(a) YOU EXPRESSLY AGREE THAT ANY LEGAL CLAIM, DISPUTE OR OTHER CONTROVERSY BETWEEN YOU AND BITISLES ARISING OUT OF OR OTHERWISE RELATING IN ANY WAY TO THE BITISLES SERVICES, INCLUDING CONTROVERSIES RELATING TO THE APPLICABILITY, ENFORCEABILITY OR VALIDITY OF ANY PROVISION OF THESE TERMS OR BITISLES'S PRIVACY POLICY AND PRACTICES (COLLECTIVELY "DISPUTES"), SHALL BE RESOLVED IN CONFIDENTIAL BINDING ARBITRATION CONDUCTED BEFORE ONE COMMERCIAL ARBITRATOR FROM THE AMERICAN ARBITRATION ASSOCIATION ("AAA"), RATHER THAN IN A COURT, AS DESCRIBED HEREIN. THE ARBITRATION WILL BE GOVERNED BY THE AAA'S COMMERCIAL ARBITRATION RULES AND, IF THE ARBITRATOR DEEMS THEM APPLICABLE, THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (COLLECTIVELY "RULES AND PROCEDURES"). YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY AND KNOWINGLY FORFEITING YOUR RIGHT TO A TRIAL BY JURY AND TO OTHERWISE PROCEED IN A LAWSUIT IN STATE OR FEDERAL COURT.

(b) Payment of arbitration costs will be governed by the AAA's fee schedule, unless you are able to show that your portion will be prohibitive as compared to litigation costs, in which case BITISLES will pay as much of your arbitration costs as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to litigation costs. BITISLES also reserves the right in its sole and exclusive discretion to assume responsibility for all arbitration costs imposed by the AAA. Each party agrees to pay its own attorneys' fees and expenses unless there is a governing statutory provision that requires the prevailing party to be paid attorneys' fees and expenses.

(c) The arbitration may be conducted in Chicago, Illinois or, upon the plaintiff's request, in the city closest to plaintiff's location where AAA maintains an office, unless the parties agree otherwise in writing. The arbitrator's award shall be final and binding on all parties subject to these Terms and may be entered as a judgment in any court of competent jurisdiction.

(d) For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at www.adr.org.

(e) To the fullest extent permissible under applicable law, all Disputes shall be resolved by binding confidential arbitration on an individual basis.

(f) YOU AND BITISLES AGREE THAT THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES. NO ARBITRATION SHALL BE JOINED WITH ANY OTHER ARBITRATION. YOU AND BITISLES FURTHER AGREE THAT THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL, PROVIDED HOWEVER THAT NOTHING HEREIN SHALL BE DEEMED TO PREVENT A PARTY FROM SEEKING PUBLIC INJUNCTIVE RELIEF IN ARBITRATION UNDER THIS AGREEMENT WHERE APPLICABLE LAW PROVIDES FOR SUCH A RIGHT.

Notwithstanding anything to the contrary herein, to the extent the Dispute arises from (i) a violation of your or BITISLES's intellectual property rights in any manner; (ii) any claim related to, or arising from, allegations of theft, piracy, unauthorized use or a violation of the Computer Fraud and Abuse Act; and (iii) any claim for equitable relief; then both parties agree that a party may seek injunctive remedies (or an equivalent type of urgent legal relief) in a state or federal court consistent with the "Governing Law" section below, and both parties consent to exclusive jurisdiction and venue in such courts. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such court's jurisdiction in lieu of arbitration.

17.     Indemnity.
By using any of the BITISLES Services, you agree to indemnify and hold BITISLES, its subsidiaries, affiliates, officers, agents and other partners and employees harmless from any loss, liability, claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of: (a) your improper use of such BITISLES Services; (b) any User Content provided or used by you; or (c) your violation of these Terms.

18.     Warranty Disclaimer.
YOUR USE OF THE BITISLES SERVICES IS AT YOUR SOLE RISK. BITISLES MAKES NO WARRANTY THAT THE BITISLES SERVICES WILL MEET YOUR REQUIREMENTS. EXCEPT AS OTHERWISE SET FORTH IN THESE TERMS, ALL BITISLES SERVICES INCLUDING, WITHOUT LIMITATION, ANY MATERIALS, PRODUCTS OR SERVICES PROVIDED IN CONNECTION THEREWITH, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, ACCURACY OF INFORMATION CONTENT, OR SYSTEM INTEGRATION. BITISLES ALSO DISCLAIMS ANY LIABILITY FOR CLAIMS ARISING OUT OF MISUSE, IMPROPER PRODUCT SELECTION, IMPROPER INSTALLATION, PRODUCT MODIFICATION, MISREPAIR OR MISAPPLICATION. BITISLES DOES NOT WARRANT THAT THE BITISLES SERVICES WILL BE AVAILABLE OR OPERATE IN AN UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE MANNER OR THAT ERRORS OR DEFECTS WILL BE CORRECTED.

LAWS IN CERTAIN STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES. TO THE EXTENT SUCH LAWS APPLY, SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS SET FORTH HEREIN MAY NOT APPLY AND OTHER RIGHTS MAY BE AVAILABLE.

19.     Limitation of Liability.
BITISLES SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY SPECIAL, EXEMPLARY, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, COSTS OR ATTORNEY'S FEES ARISING OUT OF OR RELATING TO THESE TERMS OR THE ACCESS TO, USE OF OR OPERATION OF THE BITISLES SERVICES INCLUDING, WITHOUT LIMITATION, ANY MATERIALS, PRODUCTS OR SERVICES PROVIDED IN CONNECTION THEREWITH. BITISLES'S AGGREGATE LIABILITY TO YOU ARISING UNDER OR IN CONNECTION WITH THE BITISLES SERVICES IS LIMITED TO THE PURCHASE PRICE PAID FOR THE MATERIALS, PRODUCT AND/OR SERVICE THAT GIVES RISE TO SUCH LIABILITY.

LAWS IN CERTAIN STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. TO THE EXTENT SUCH LAWS APPLY, SOME OR ALL OF THE EXCLUSIONS OR LIMITATIONS SET FORTH HEREIN MAY NOT APPLY AND OTHER RIGHTS MAY BE AVAILABLE.

20.     Limited Time to Bring Your Claim.
You and BITISLES agree that any cause of action arising out of or related to the BITISLES Services or any BITISLES Content including without limitation any Claim or Dispute must be commenced within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

21.     Trial by Jury.
To the extent allowed by law, each of you and BITISLES waive any right to trial by jury in any Dispute.

22.     Force Majeure.
BITISLES shall not be liable for any delay in, or impairment of, performance resulting in whole or in part from any force majeure event, including without limitation acts of God, labor disruptions, acts of war, acts of terrorism (whether actual or threatened), governmental decrees or controls, insurrections, epidemics, quarantines, shortages, communication or power failures, fires, accidents, explosions, inability to procure or ship product or obtain permits and licenses, inability to procure supplies or raw materials, severe weather conditions, catastrophic events, grower delays at the farm level, delays due to product held by the USDA/Customs for inspection, or any other circumstance or cause beyond the reasonable control of BITISLES in the conduct of its business.

23.     Governing Law.
These Terms will be governed by and construed in accordance with the laws of the State of Illinois without regard to: (a) such State's conflicts-of-laws principles; (b) the 1980 United Nations Convention on Contracts for the International Sale of Goods; or (c) other international laws.

24.     Miscellaneous.
Both you and BITISLES acknowledge and agree that no partnership is formed, and neither you nor BITISLES has the power or the authority to obligate or bind the other. If any provision of these Terms is determined to be unlawful, void or unenforceable by a tribunal of competent jurisdiction, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. If BITISLES fails to act with respect to your breach or anyone else's breach on any occasion, BITISLES is not waiving its right to act with respect to future or similar breaches. These Terms constitute a binding agreement between you and BITISLES, and are accepted by you as a condition for your use of the BITISLES Services or your account. These Terms constitute the entire agreement between you and BITISLES regarding the use of the BITISLES Services and the BITISLES Content.