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BowVue® Terms of Service

By using the BowVue® web site and/or application (the “Service”), or any services of Bowtie Engineering (“Bowtie”), you are agreeing to be bound by the following terms and conditions (the “Terms of Service”).

BowVue® is risk mitigation software that assists in providing management of: Managed services, Risk assessment link to qualified staff, Cal/cm2 at asset level, Pre-Task Planner for simultaneously looking at Maintenance Risk, Incident Energy Risk and for other Services which may from time to time be added by Bowtie. Bowtie expressly disclaims any and all responsibility for uses of BowVue® by any party and makes no representations, warranty, assurance or guarantee as to any particular performance of the same.

BowVue® is not intended to be used in lieu of any training session, safety meeting, briefing, professional training or accreditation required by the law or regulation whether promulgated by the Occupational Safety and Health Administration (“OSHA”), any other governmental body or the guidelines issued by the National Fire Protection Association (NFPA) including but not limited to NFPA70E or any similar publication. Any use for BowVue® as a substitute for any of the foregoing constitutes a violation of these terms of service. Bowtie makes no representations or warranties that BowVue® will satisfy any particular legal or regulatory requirements promulgated by OSHA or the NFPA. The user of the Service assumes, and Bowtie expressly disclaims, all responsibility for legal and regulatory compliance and agrees to indemnity and hold Bowtie harmless for such compliance.

Violation of any of the terms below will result in the termination of your account.

Account Terms

  1. You must be 18 years or older to use this Service.
  2. You must be human. Accounts registered by “bots” or other automated registration methods are not permitted. Accounts registered by an automated registration method are subject to termination without notice.
  3. The use of the Service requires a login. In order to create a login you must provide the information requested in order to complete the signup process. Bowtie reserves the right to require supplemental account and/or login information in its sole discretion.
  4. Your login may only be used by one person – a single login shared by multiple people is not permitted.
  5. You are responsible for maintaining the security of your account and password. Bowtie is not liable for any losses, damage, injury, fees or expenses which result from or are injured as a result of the failure of a user to secure account and password information.
  6. You are responsible for all activity that occurs under your account even if Content is posted by others who have accounts under your account.
  7. You may not use the Service for any illegal or unauthorized purpose. You may not, in the use of the Service, violate any laws in your jurisdiction (including, but not limited to, copyright laws).
  8. You may not use the Service for any purpose for which it is not intended. Bowtie is not responsible and disclaims all liability for any use of the Service not intended.

Payment, Refunds, Upgrading and Downgrading Terms

  1. If you initially sign up for a Regular or Primary and you don’t cancel that account within 30 days, you will be billed monthly starting on the 30 th day after your account was initially created. If you cancel prior to the processing of your first invoice on the 30 th day, you will not be charged.
  2. An upgrade from the free plan to any paying plan will end your free trial. You will be billed for your first month immediately upon upgrading.
  3. The Service is billed in advance on a monthly basis. There will be no refunds or credits for partial months of service.
  4. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
  5. Bowtie reserves the right to modify the payment terms for services rendered and any such agreement shall superseded the terms contained herein.

Cancellation and Termination

  1. You are solely responsible for properly canceling your account. The cancellation procedure for the Service is as follows: All cancellations must be in writing. Cancellations can be emailed to (insert email address) and/or mailed to (mailing address).
  2. All of your Content may be immediately be inaccessible from the Service upon cancellation. After cancellation, content will be deleted from the application in the ordinary course of Bowtie’s business.
  3. At the request of any cancelling customer Bowtie will export Customer’s data and deliver any such data to the designee of the cancelling Customer.
  4. Bowtie, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your account or your access to your account.

Modifications to the Service

  1. Bowtie reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
  2. Bowtie shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

Copyright and Content Ownership

  1. All content posted on the Service must comply with United States copyright law.
  2. We claim no intellectual property rights over the material you provide to the Service.
  3. BowVue® does not pre-screen Content, but BowVue® and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
  4. The look and feel of the Service is copyright©2014. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML, CSS, JavaScript, or visual design elements without express written permission from Bowtie.

General Conditions

  1. Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis.
  2. Technical support is only provided via email support@bowtie8.com. You understand that BowVue® uses third-party vendors, and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
  3. You must not modify, adapt or hack the Service.
  4. You must not modify another website so as to falsely imply that it is associated with the Service or BowVue®.
  5. 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 without the express written permission by Bowtie.
  6. We may, but have no obligation to, remove content and accounts that we determine in our sole discretion are unlawful or violates any party’s intellectual property or these Terms of Service.
  7. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Service customer, Bowtie employee or officer will result in immediate account termination.
  8. ou understand that the technical processing and transmission of the Service, including your content, 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.
  9. e reserve the right to temporarily disable your account if your usage significantly exceeds the average usage of other Service customers. Provided, however, that Bowtie will not disable your account except upon twenty-four (24) hours written notice unless Bowtie determines that your usage is negatively impacting the performance of the service for other customers.
  10. BowVue® Bowtie does not warrant that (i) the Service will meet your specific requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, and (v) any errors in the Service will be corrected.
  11. You expressly understand and agree that BowVue® Bowtie shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Bowtie has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Service; (v) or any other matter relating to the Service.
  12. The failure of BowVue® Bowtie to exercise or enforce any right or provisions of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and BowVue® Bowtie and govern your use of the Service, superseding any prior agreements between you and BowVue® (including, but not limited to, any prior versions of the Terms of Service).
  13. Questions about the Terms of Service should be sent to support@bowtie8.com
  14. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes.
  15. Upon acceptance of these terms, you are granted a non-exclusive, non-transferable, revocable and limited license (revocable as described herein). The mobile application is licensed to you and is not sold or transferred and you agree that you may not and will not use BowVue® in any way that conflicts with or violate these terms or other agreements between you and any third-party.

Disclaimers and Limitations on Liability

BowVue® is provided “as is” with no warranties whatsoever. all express, implied, and statutory warranties, inclu ding, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement, are expressly disclaimed. to the fullest extent permitted by law, bowvue® disclaims any warranties for the security, reliability, timeliness, and performance of BowVue®. BowVue® similarly disclaims, to the fullest extent permitted by law, any warranties for any information or advice obtained through BowVue®. you understand and agree that any information obtained through the use of BowVue®, and any download of BowVue® software, is at your ow n discretion and risk and that you will be solely responsible for any damages or injury result from the download of such material. under no circumstances shall BowVue® be liable to any user on account of that user’s use or misuse or reliance on BowVue®. such limitation of liability shall apply to prevent recovery of direct, indirect, incidental, consequential, special, exemplary, and punitive damages (even if BowVue® has been advised of the possibility of such damages). such limitation of liability shall apply whether the damages arise from use or misuse or reliance on BowVue®, from inability to use BowVue®, or from the interruption, suspensi on, or termination of BowVue®, or by reason of any information or advice received through BowVue®. the foregoing disclaimers, waivers and limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. you specifically acknowledge and agree that you have been informed not to rely on BowVue® as a safety monitor or a monitoring means in any way, and that you should continue to use all monitoring means you would use if BowVue® was not available, and that the risk of harm or damage from your reliance on BowVue® rests entirely with you. BowVue® makes no representations that its software or services are appropriate or available for use in other locations outside of the United States. Those who access or use BowVue® from other jurisdictions do so at their own volition and are responsible for compliance with local law.

Governing Law

All legal issues arising from or related to the use of BowVue® shall be interested under the laws of the State of Georgia, USA, without regard to conflict of law principals. By using BowVue® and agreeing to these Terms, you agree and consent to personal jurisdictional and venue in the State and federal courts of Georgia with respect to any dispute arising out of or related to this Agreement or your use of BowVue®

Indemnification

You agree to defend, hold harmless and indemnify Bowtie from any and all third-party claims and liabilities, assessments, losses, costs or damages arising out of (i) your breach of these Terms, (ii) any infringement or violation of any right of a third-party, and (iii) misuse of BowVue® by you or a third party.

Entire Agreement

These terms constitute the entire agreement between you and Bowtie with respect to BowVue® and supersede any other agreements, express or implied, between you and Bowtie with respect to BowVue®.

Modification

Bowtie reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment enhance or otherwise alter the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at www.bowvue.com/terms.