Terms of Use
(aka the legal stuff)
Last Modified Dec 8, 2022
Hello! Welcome to Bestow. The following is our Terms of Use. It’s just as important that we state this stuff plainly as it is that you give it a good honest read through. First, here are some quick term definitions to make things crystal clear.
We’ll shorten Terms of Use to “ToU” going forward.
When the ToU says either “Bestow,” “we,” “us,” or “our,” we’re referring specifically to Bestow Agency LLC
When the ToU says “Site,” we’re referring to the Bestow website.
When you see “Service,” we’re referring to our web-based platform which allows users to apply for and obtain a Life Insurance Policy.
Your access and use of the Site and features, products and services provided by Bestow through the Site (individually and collectively, the “Service”), is subject to the terms and conditions in this ToU. By agreeing to this ToU, including by a click-through or other agreement or by using any aspect of the Service, you expressly acknowledge that you’ve read this ToU and agree to all of its terms and conditions. You represent and warrant that you have the legal capacity to enter a contract in the jurisdiction where you reside. You must agree to this ToU in order to use the Service, and if you do not accept this ToU then you may not use any aspect of the Service. This ToU contains important language governing your use of the Service. It addresses, among other things, information about how we provide the Service, how we or you may terminate the Service, the requirements imposed on you when managing your account and how we handle disputes (which are handled by binding arbitration in most cases).
Please Read This Through Carefully as it is a Binding Contract.
Below is a table of contents for this ToU.
You may click on any particular section to be taken there or simply continue reading.
- ToU Updates
- Provision of the Service
- Consent to Doing Business Electronically
- Termination of Service
- Accounts and Security
- Insurance Products
- Restrictions and Conditions of Use
- Links
- Third-Party Services
- Intellectual Property
- Privacy Policy
- Location
- Required Age
- Disclaimer of Warranties
- Limitation of Liability; Sole and Exclusive Remedy
- Indemnification
- Governing Law; Jurisdiction
- Binding Arbitration
- General
1
ToU Updates
Bestow may update this ToU at any time, and Bestow will post the updated version of this ToU on the Site. You understand and agree that you will be deemed to have accepted the updated ToU if you use any aspect of the Service after the updated ToU is posted. If at any point you do not agree to any portion of this ToU then in effect, you must immediately stop using the Service. If Bestow makes any material change to this ToU, we will make reasonable efforts to notify you of the change, such as by sending an email to any address you used to register for an account, through a pop-up window on the Site, or other similar mechanism. Disputes arising under this ToU will be resolved in accordance with the version of the ToU in place at the time the dispute arose. We encourage you to review this ToU frequently to stay informed of the latest modifications.
2
Provision of the Service
You are responsible for any Internet connection and telecommunications fees and charges that you incur when accessing the Service. You acknowledge and agree that Bestow may make changes to any aspect of the Service at any time without notifying you in advance.
3
Consent to Doing Business Electronically
You agree that all communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree to receive all communications, agreements, and notices that we provide in connection with the Service electronically, including by email, SMS text message (if you provide your manual consent to opt in to receive SMS text messages) to the cell phone number associated with your account, or by posting them on the Site or through the Service (including your application and insurance policy, if one is issued) and other information (“Communications”) from us. Message and data rates may apply. The products and services offered through the Site are available only through the Internet, so you consent to conduct business electronically. Your Consent to Doing Business Electronically applies not just to Bestow, but also to Bestow’s agents and affiliates, North American Company for Health and Life Insurance (North American), and North American’s agents and affiliates.
3.1
Scope of Consent
You agree to receive all Communications from us relating to the products and services offered through the Site electronically by email, by text or at the Site. You further agree that we may accept an electronic signature from you, and that this electronic signature will have the same effect as a physical wet signature and will appear on all records related to any products and services. Your consent also applies to all Communications and information that we receive from you. Your consent is voluntary. If you consent, you still have the right to receive a paper copy of any Communication, at no cost, by contacting us. Your consent to receive communications via SMS text message is not a condition of purchase. You are able to continue with the insurance application process should you decline to opt in to receive communications via SMS text message.
You agree that you have the ability to access, view, store, download and print communications, documents, consents, and hyperlinks we deliver or make available to you electronically through your computer or on your mobile device.
You agree that all communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
3.2
Withdrawing Consent
You may withdraw your consent to receive Communications electronically and to use an electronic signature at any time by contacting us. Except as it relates to the consent to receive text messages from Bestow, if you withdraw your consent, you will be unable to apply for products and services through the Site, and we will be unable to continue to process any pending applications for products and services, including insurance products. If you wish to no longer receive text messages from Bestow, text the single keyword command STOP to 473-98 to cancel at any time. You'll receive a one-time opt-out confirmation text message. You may also withdraw your consent from receiving text messages by logging on to the customer portal and opting out via the preference center.
3.3
Time for Receiving Communications
You agree that it is convenient for you, or whomever you may designate to receive communications (electronic, emails, texts, or otherwise) about your policy and/or account, and consent, to the greatest extent permitted under any applicable laws or regulations that may limit the day and/or time of communications, to our sending you communications at any time of the day or night.
4
Termination of Service
Bestow reserves the right to deny service to any person or entity at Bestow’s sole and absolute discretion. You acknowledge and agree that Bestow may stop providing any aspect of the Service or restrict your use of the Service at any time, without notifying you in advance, for any reason or no reason, including, without limitation, for any violation of this ToU or if Bestow suspects that you have used any aspect of the Service to conduct any fraudulent or illegal activity. If Bestow disables your access to your account, you may be prevented from accessing the Service, your account details or any materials contained in your account. For the avoidance of doubt, any Insurance Policy you obtain through the Service will remain in effect pursuant to the terms of such Insurance Policy.
5
Accounts and Security
5.1
Account
You do not need to create an account to visit the Site, but you must have an account to access and utilize certain aspects of the Service, including without limitation those aspects that allow you to apply for and obtain an Insurance Policy. You can create an account by starting the application process. You must be at least twenty (20) years old to create an account. You may be required to provide information about yourself and payment information as part of the application process or your continued use of the Service. You agree that any application information that you submit to Bestow will be correct, accurate and up to date.
5.2
Account Security
Maintaining account security is very important. You are solely responsible for maintaining the confidentiality of your account password and for all activities that are conducted via your account. You agree to notify Bestow immediately if you become aware of any unauthorized use of your password or of your account. To better understand how we maintain the security of your personal information, please refer to our Privacy Policy.
5.3
Account Sharing or Transfers
Accounts are registered to you personally and may not be sold, traded, gifted or otherwise transferred at any time under any circumstances. You may not share your account with, or disclose your password to, anyone else.
5.4
Cancellation by You
Subject to the terms and conditions of any applicable Insurance Policy, you have the right to cancel your account at any time. You may cancel your account by contacting us via phone call to our Customer Care Center at 833-300-0603.
5.5
Termination by Bestow
Bestow may at any time terminate your account if:
1.
Bestow determines that you are (i) in breach of or otherwise acting inconsistently with this ToU or (ii) engaging in fraudulent or illegal activities or other conduct that may result in liability to Bestow;
2.
Bestow determines it is required by law to terminate your account; or
3.
Bestow decides to stop providing the Service or critical portions of the Service, provided that any Insurance Policy you obtain through the Service will remain in effect pursuant to the terms of such Insurance Policy.
5.6
Effect of Account Termination or Cancellation
If you voluntarily terminate your account, you may reactivate that account at any time by logging in to the Service through the Site and reactivating the account. Accounts terminated by Bestow for any type of abuse including, without limitation, a violation of this ToU, may not be reactivated for any reason.
6
Insurance Products
Eligible individuals may apply for Insurance Policies through the Service. Insurance Policies are only available to persons in jurisdictions where such Insurance Policies may legally be sold. By applying for insurance products through the Site, you (a) agree to designate us as your agent of record, (b) authorize us to communicate such designation to any insurance carrier and any other person or entity we determine should be so advised, and (c) permit us to receive any compensation that any insurance carrier agrees to pay to us in connection with your purchase of any Insurance Policy. With respect to any Insurance Policy, if any term or condition of this ToU differs from the terms and conditions of the Insurance Policy, the Insurance Policy’s provisions will control. Bestow’s Insurance Policies are underwritten and issued by Bestow Life Insurance Company and North American Company for Health and Life Insurance, as applicable, and offered through the Service. Product information and descriptions provided through the Service are not intended to be complete descriptions of all policy terms, exclusions and conditions. If you obtain an Insurance Policy through the Service, please refer to your actual Insurance Policy for complete details of coverage and payment requirements. Your Insurance Policy will contain a payment schedule that will provide information regarding your premiums. Approval of your application is not guaranteed and is subject to acceptance by Bestow Life Insurance Company or North American Company for Health and Life Insurance, as applicable, based upon its respective underwriting guidelines and your personal history. Bestow Agency LLC (d/b/a Bestow Insurance Services in California) is a licensed insurance agency in all states except New York, and is a third party administrator in all states where required. Please visit our Licenses page for information on the insurance-related licenses we hold. Policies purchased on this site are administered by Bestow Agency LLC. In the event we are unable to resolve any complaint you may have, you may report the complaint to the insurance regulator in your state. Contact information for state insurance regulators in the United States may be found at www.naic.org. Bestow does not provide any legal, regulatory, accounting, or tax advice, and you must rely upon your own advisors before making any financial decision.
7
Restrictions and Conditions of Use
7.1
Use of the Service
Subject to the terms and conditions of this ToU, Bestow hereby grants you a limited, non-exclusive, personal, non-sublicensable, non-assignable license to use the Service solely in accordance with this ToU and any rules, restrictions or documentation set forth by Bestow from time to time. Bestow reserves all rights not expressly granted to you. You agree not to license, create derivative works from, transfer, sell or re-sell any information, content, materials, data or services obtained from the Service. Bestow reserves the right to add or remove information, content or Services from the Site at any time at its sole discretion.
7.2
Updates
You acknowledge and agree that Bestow may update the Service from time to time with or without notifying you, and may add or remove features or functions to the Service at any time in its sole discretion. You acknowledge and agree that Bestow has no obligation to make the Service available to you, make any subsequent versions of the Site available to you or to continue to support the Service in any way. You acknowledge that your access to the Service may not be continuous, features may change during your use of the Service, and Bestow may terminate your access to the Service or stop offering the Service at any time, provided that any Insurance Policy you obtain through the Service will remain in effect pursuant to the terms of such Insurance Policy.
7.3
Accessing the Service
You agree not to access, or attempt to access, the Service by any means other than through the user interface provided through the Site. You specifically agree not to access, or attempt to access, the Service through any automated means (including, without limitation, through the use of scripts, bots, spiders or web crawlers).
7.4
No Violation of Laws
You agree that you will not, in connection with your use of the Service, violate any applicable law, ordinance, rule, regulation or treaty. Without limiting the foregoing, you agree that you will not make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity).
7.5
Use Restrictions
You may not connect to or use the Service in any way that is not expressly permitted by this ToU.
1.
Without limiting the generality of the foregoing, you agree that you will not:
(i) remove any proprietary notices from the Service; (ii) cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Service; (iii) sell, assign, rent, lease, act as a service bureau, or grant rights in the Service, including, without limitation, through sublicense, to any other person or entity without the prior written consent of Bestow; or (iv) make any false, misleading or deceptive statement or representation regarding Bestow or the Service.
2.
Without limiting the generality of the foregoing, you agree that you will not:
(i) institute, assist, or become involved in any type of attack including, without limitation, denial of service attacks, upon the Service (or any servers, systems or networks connected to the Service) or otherwise attempt to obstruct, disrupt or interfere with the operation of the Service or any other person’s or entity’s use of the Service (or any servers, systems or networks connected to the Service); (ii) attempt to gain unauthorized access to the Site, the Service, accounts registered to other users, or any servers, systems or networks connected to the Service; (iii) use the Service for any commercial purpose unless consistent with this ToU and the intended use of the same, or for the benefit of any third party, or charge any person or entity, or receive any compensation for, the use of the Service, unless you are specifically authorized to do so in a separate written agreement with Bestow; (iv) use the Service to develop, generate, transmit or store information that is defamatory, harmful, abusive, obscene or hateful; (iv) use the Service to perform any unsolicited commercial communication not permitted by applicable law; or (v) use the Service to engage in any activity that (A) constitutes harassment or a violation of privacy or threatens other people or groups of people; (B) is harmful to children in any manner; (C) constitutes phishing, pharming or impersonates any other person or entity, or steals or assumes any person’s identity (whether a real identity or online nickname or alias); or (D) violates any applicable law, ordinance, rule, regulation or treaty.
3.
Without limiting the generality of the foregoing, you agree that you will not use the Service for any other unlawful, prohibited, abnormal or unusual activity as determined by Bestow in its sole discretion.
7.6
No Data Mining or Harmful Code
You agree that you will not (a) obtain or attempt to obtain any information from the Service including, without limitation, email addresses or mobile phone numbers of users or other data; (b) intercept, examine or otherwise observe any proprietary communications protocol used by the Service, whether through the use of a network analyzer, packet sniffer or other device; or (c) use any type of bot, spider, virus, clock, timer, counter, worm, software lock, drop dead device, Trojan horse, trap door, time bomb or any other codes, instructions or third party software that is designed to provide a means of surreptitious or unauthorized access to, or distort, delete, damage or disassemble, any aspect of the Service.
7.7
Violation of this ToU
You acknowledge and agree that you are solely responsible, and Bestow has no responsibility or liability to you or any other person or entity, for any breach by you of this ToU or for the consequences of any such breach. Bestow may at its option, terminate its relationship with you, or may suspend your account immediately if it determines you are using the Service contrary to the restrictions found in this Section 7 or any other terms of this ToU.
8
Links
8.1
Links from the Service
The Service may contain links to websites operated by independent third parties. Bestow provides these links to other websites as a convenience and use of these websites is at your own risk. The linked websites are not under the control of Bestow and Bestow is not responsible for the content available on the other websites or services. Such links do not imply Bestow’s endorsement of information or material on any other website and Bestow disclaims all liability with regard to your access to and use of such linked websites. You understand and acknowledge that your access and use of linked websites and the services provided through these websites is governed by the terms of service and other agreements posted on such websites.
8.2
Links to the Service
Unless otherwise set forth in a written agreement between you and Bestow, you must adhere to Bestow’s linking policy as follows: (a) the appearance, position and other aspects of any link to the Service may not be such as to damage or dilute the goodwill associated with Bestow’s or its licensors’ names and trademarks; (b) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with Bestow; and (c) when selected by a User, the link to the Site must display the Site on full-screen and not within a “frame” on the linking website. Bestow reserves the right to revoke its consent to the link at any time and in its sole discretion.
9
Third-Party Services
The Service includes features that operate in conjunction with certain third-party services such as those provided by Plaid Technologies, Inc. (“Third-Party Services”). Your access and use of Third-Party Services is governed by the terms of service and other agreements posted by the providers of such Third-Party Services. You understand and acknowledge that the Service is not endorsed or certified by any of the aforementioned Third-Party Services.
10
Intellectual Property
10.1
Trademarks
The Bestow name and logo are trademarks and service marks of Bestow. Unless permitted in a separate written agreement with Bestow, you do not have the right to use any of Bestow’s trademarks, service marks or logos and your unauthorized use of any of these may be a violation of federal and state trademark laws.
10.2
Ownership
You acknowledge and agree that Bestow, or its licensors, owns all right, title and interest in and to the Service, including all intellectual property, industrial property and proprietary rights recognized anywhere in the world at any time and that the Service is protected by U.S. and international copyright laws. Further, you acknowledge that the Service may contain information that Bestow has designated as confidential and you agree not to disclose such information without Bestow’s prior written consent.
10.3
Feedback
You may choose to, or Bestow may invite you to, submit comments, bug reports, ideas or other feedback about the Site and the Service (“Feedback”). By submitting Feedback, you agree that Bestow is free to use such Feedback at its discretion without any obligation to you. Bestow may also choose to disclose Feedback to third parties. You hereby grant Bestow a royalty-free, perpetual, irrevocable, transferable, sublicensable, worldwide, nonexclusive license under all rights necessary to incorporate and use your Feedback for any purpose.
11
Privacy Policy
By accepting this ToU or using any aspect of the Service, you represent that you have read and consent to our Privacy Policy in addition to this ToU. Bestow may revise the Privacy Policy at any time, and a link to the new versions will be posted on the Site. If at any point you do not agree to any portion of the Privacy Policy, you must immediately stop using the Service. By using the Service, you agree to the then-current versions of the ToU and Privacy Policy, which will be posted on the Site.
12
Location
By accepting this ToU or using any aspect of the Service, you represent that you have read and consent to our Privacy. The Service is operated by Bestow in the United States. If you choose to access the Service from a location outside of the United States, you do so on your own initiative and you are responsible for compliance with applicable local laws.
13
Required Age
The Service is not directed toward persons under 20 years of age, and Bestow does not knowingly collect information from persons under the age of 20 or allow them to create an account or access account features. If you are under the age of 20, please do not submit any personal information about yourself to Bestow.
14
Disclaimer of Warranties
Please read the following provisions carefully – they contain important legal disclaimers:
14.1
You understand and agree that your use of the Service is at your sole risk and that the Service is provided on an “as is” and “as available” basis without warranties or conditions of any kind, either express or implied.
14.2
To the maximum extent permitted by applicable law, Bestow expressly disclaims all warranties and conditions including, without limitation, warranties and conditions of satisfactory quality, merchantability, fitness for a particular purpose, non-infringement, and those arising from course of dealing or usage of trade.
14.3
Bestow makes no warranty as to the accuracy, completeness or reliability of any materials, information or data available through, or the performance of, the service.
14.4
Bestow does not represent or warrant that (a) you will be able to access or use the service at the times or locations of your choosing; (b) that operation of the service will be uninterrupted, timely, secure or error-free; (c) your use of the service will meet your requirements; (d) defects in the operation of the service will be corrected; or (e) the service is free of viruses or other harmful components.
14.5
You acknowledge and agree that any material downloaded or otherwise obtained through the use of the Service is at your own risk and that you will be solely responsible for any damage to your computer, mobile phone or other device or any loss of data resulting from downloading or obtaining such material. Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimers may not apply to you.
15
Limitation of Liability; Sole and Exclusive Remedy
Please read the following provisions carefully – they contain important limitations of Bestow’s liability:
15.1
To the maximum extent permitted by applicable law, Bestow and its affiliates, licensors and business partners (collectively, the “Related Parties”) shall not be liable to you under any contract, tort (including negligence), strict liability or other legal or equitable theory for the following:
1.
Any indirect, incidental, consequential, special or exemplary damages, including loss of profits, use, data or goodwill, arising out of or in any way connected with access to or use of the service, even if bestow or the Related Parties have been advised or should have been aware of the possibility of any such losses or damages;
2.
The cost of procurement of substitute goods, services or technology; or
3.
The deletion of, corruption of, or failure to store any materials, information or data maintained by or through your use of the service.
15.2
Without limiting the foregoing, in no case shall the liability of Bestow or any of the Related Parties exceed one hundred dollars ($100). 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, the liability of Bestow and the Related Parties shall be limited to the fullest extent permitted by law.
16
Indemnification
You agree to defend, indemnify and hold Bestow and the Related Parties harmless from and against any and all claims, demands, liabilities damages and losses including, without limitation, reasonable attorneys’ fees, resulting from or arising out of (a) your use of the Service or (b) your breach of this ToU or any other policies that Bestow may issue for the Service from time to time. You further agree to cooperate as required by Bestow in the defense of any claim. Bestow reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Bestow.
17
Governing Law; Jurisdiction
This ToU is governed by Texas law, without regard to conflict of laws principles. You and Bestow agree that, except as otherwise provided in Section 18 below, the state and federal courts located in Dallas County, Texas will have exclusive jurisdiction of all disputes arising out of or related to this ToU or your use of the Service and agree to submit to the personal jurisdiction and venue of these courts. Notwithstanding the foregoing, Bestow shall be allowed to apply for equitable remedies (including injunctions) in any jurisdiction.
18
Binding Arbitration
18.1
Arbitration Procedures
You and Bestow agree that, except as provided in Section 18.4 below, all disputes, controversies and claims related to this ToU (each a “Claim”), shall be finally and exclusively resolved by binding arbitration, 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. The arbitration will be conducted under the Streamlined Arbitration Rules and Procedures of JAMS that are in effect at the time the arbitration is initiated (the “JAMS Rules”) and under the terms set forth in this ToU. In the event of a conflict between the terms set forth in this Section 18 and the JAMS Rules, the terms in this Section 18 will control and prevail.
Except as otherwise set forth in Section 18.4, you may seek any remedies available to you under federal, state or local laws in an arbitration action. As part of the arbitration, both you and Bestow will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of the arbitrator’s decision regarding the Claim, the award given and the arbitrator’s findings and conclusions on which the arbitrator’s decision is based. The determination of whether a Claim is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Except as otherwise provided in this ToU, (a) you and Bestow may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator; and (b) the arbitrator’s decision shall be final, binding on all parties and enforceable in any court that has jurisdiction, provided that any award may be challenged if the arbitrator fails to follow applicable law.
18.2
Location
The arbitration will take place in Dallas, Texas, unless the parties agree to video, phone or internet connection appearances.
18.3
Limitations
You and Bestow agree that any arbitration shall be limited to the Claim between Bestow and you individually. You and Bestow agree that (a) there is no right or authority for any dispute to be arbitrated on a class-action basis or to utilize class action procedures; (b) there is no right or authority for any dispute to be brought in a purported representative capacity or as a private attorney general; and (c) no arbitration shall be joined with any other arbitration.
18.4
Exceptions to Arbitration
You and Bestow agree that the following Claims are not subject to the above provisions concerning negotiations and binding arbitration:
(a) any Claim seeking to enforce or protect, or concerning the validity of, any of Bestow’s intellectual property rights; (b) any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (c) any claim for equitable relief. 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.
18.5
Arbitration Fees
If you initiate arbitration for a Claim, you will need to pay the JAMS arbitration initiation fee. If we are initiating arbitration for a Claim, we will pay all costs charged by JAMS for initiating the arbitration. All other fees and costs of the arbitration will be charged pursuant to the JAMS Rules.
18.6
Severability
You and Bestow agree that if any portion of this Section 18 is found illegal or unenforceable (except any portion of Section18.4), that portion shall be severed and the remainder of the section shall be given full force and effect. If Section 18.4 is found to be illegal or unenforceable then neither you nor Bestow will elect to arbitrate any Claim falling within that portion of Section 18.4 found to be illegal or unenforceable and such Claim shall be exclusively decided by a court of competent jurisdiction within the Dallas County, Texas, United States of America, and you and Bestow agree to submit to the personal jurisdiction of that court.
18.7
Survival
This Section 18 shall survive any termination of your relationship with Bestow.
19
General
19.1
ToU Revisions
This ToU may only be revised in a writing signed by Bestow or published by Bestow on the Site.
19.2
No Partnership
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Bestow as a result of this ToU or your use of the Service.
19.3
Assignment
Bestow may assign its rights under this ToU to any person or entity without your consent. The rights granted to you under this ToU may not be Bestow’s prior written consent, and any attempted unauthorized assignment by you shall be null and void.
19.4
Severability
If any part of this ToU is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of the ToU shall be given full force and effect.
19.5
Attorneys’ Fees
In the event any litigation or arbitration is brought by either party in connection with this ToU, except as otherwise provided in Section 18.5, the prevailing party shall be entitled to recover from the other party all the reasonable costs, attorneys’ fees and other expenses incurred by such prevailing party in the litigation.
19.6
No Waiver
Our failure to enforce any provision of this ToU shall in no way be construed to be a present or future waiver of such provision, nor in any way affect our right to enforce the same provision at a later time. An express waiver by Bestow of any provision, condition or requirement of this ToU shall not be understood as a waiver of your obligation to comply with the same provision, condition or requirement at a later time.
19.7
Notices
All notices given by you or required under this ToU shall be in writing and sent to [email protected]
19.8
Equitable Remedies
You acknowledge and agree that Bestow would be irreparably damaged if the terms of this ToU were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this ToU, in addition to such other remedies as we may otherwise have available to us under applicable laws.
19.9
Entire Agreement
This ToU, including the documents referenced in this ToU, constitutes the entire agreement between you and Bestow with respect to the Service and supersedes any and all prior agreements between you and Bestow relating to the Service.