Updated: September 26, 2019
Important: For the avoidance of doubt, any consultation or other services provided by Beezwax, are not provided under these Terms and will be subject to a written agreement executed by and between you and an officer of Beezwax.
THESE TERMS ALSO CONTAIN AN AGREEMENT TO ARBITRATE IN SECTION 17 BELOW WHICH WILL REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION.
- Access and Use of the Site. Subject to these Terms, Beezwax grants you a non-exclusive, non-transferable, limited privilege to access and use the Site solely for your internal business purposes.
- Your Account. You do not have to register on our Site in order to visit the Site. However, certain portions and features of the Site may be accessed only by creating an account with us by registering on our Site. By creating an account and/or using Beezwax Content, you represent and warrant that (a) all required registration or other information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Site and Beezwax Content do not violate any applicable law or regulation or these Terms. When you sign up for an account, you will be asked to choose a user name and a password for your account. You may not use a user name or user profile that is used by someone else or that violates Section 2. You may control your user profile and how you interact with the Site and Beezwax Content by changing your settings in your account. You are entirely responsible for maintaining the confidentiality of your password. You agree to notify us immediately if you suspect any unauthorized use of your account or access to your password. You agree not to (i) use the account, username, screen name, or password of any other user at any time; (ii) allow or enable any third party to use your account, username, screen name, or password; or (iii) sell, rent, borrow, or otherwise transfer your account, temporarily or permanently, to any third party. You are solely responsible for any and all use of your account.
Prohibited Uses.You may use the Site and Beezwax Content only for lawful purposes and in accordance with these Terms. You agree that:
- you will not use, intentionally or unintentionally, the Site or any Beezwax Content in a manner contrary to or in violation of any applicable international, national, federal, state, or local law, rule, or regulation having the force of law;
- you will not upload, post, or otherwise transmit any content through the Site that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements) or that does not comply with these Terms;
- you will not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, transmit, or otherwise exploit this Site or any Beezwax Content, or any portion related to the foregoing without Beezwax’s prior written consent;
- you will not use any framing techniques to enclose any portion of this Site (including, but not limited to, images, text, page layout, and form) without Beezwax’s prior written consent;
- you will not make any use of the trademarks, service marks, trade names, logos, and graphics on this Site without Beezwax’s prior written consent;
- you must not access or use the Site or any Beezwax Content, or any part thereof, for any commercial purpose beyond your internal business purposes;
- you will not use this Site or any Beezwax Content, or attempt to affect this Site or any Beezwax Content, in any manner that could harm, damage, infect, take over, disable, overburden, or otherwise impair any of our computer systems, including, but not limited to, the servers, networks, and other components connected to, used for, or used to provide this Site and the Beezwax Content;
- you will not upload, post, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- you will not interfere with any other party's use and enjoyment of this Site or the Beezwax Content;
- you will not attempt to gain unauthorized access to any services, accounts, computer systems, or networks connected to any server used for this Site or to provide the Beezwax Content, through password mining, hacking, or any other means;
- you will not seek to gain access to any content, service, or information through any means not intentionally made available by the Beezwax;
- you will not use any network monitoring or discovery software to determine the architecture of the Site or Beezwax Content, or extract information about usage, individual identities, or users;
- you will not use any robot, spider, other automatic software or device, or manual process to monitor or copy the Site or any Beezwax Content, without Beezwax’s prior written consent;
- you will not impersonate or attempt to impersonate Beezwax, any Beezwax employee, another user, or any other person or entity;
- you will not use or otherwise export or re-export this Site or any Beezwax Content, or any portion related to the foregoing, in violation of the export control laws and regulations of the United States of America or any other country;
- you will not otherwise attempt to interfere with the proper working of the Site or Beezwax Content.
- Case Studies and Blog Posts. Case studies and blog posts are provided on the Site for informational purposes only. Each customer’s need may encompass a unique multitude of factors and requires an individualized response. As a result, case studies do not guarantee that you will receive similar results when using Beezwax services. Blog posts contain information that Beezwax has learned through unique experiences. As a result, blog posts do not guarantee that the methods or information in the blog post will be error free or produce the results specified therein. In some cases, blog posts contain information associated with third party sources, products and services. Beezwax is not responsible or liable to you for the content or accuracy of any information associated with such third party sources, products or services, nor is Beezwax endorsing any such third party sources, products or services, by providing you such information.
- Security. By using the Site and Beezwax Content, you acknowledge and agree that Internet transmissions are never completely private or secure. You also understand that any message or information you send to or through the Site may be read or intercepted by others, even if there is a special notice that a transmission is encrypted.
- Site Materials. You acknowledge and agree that all intellectual property rights in and to the Site, including, without limitation, all Beezwax Content and the products listed on the Site (“Site Materials”), are owned by Beezwax, its licensors, or other providers of such materials (as applicable) and protected by United States intellectual property laws, international intellectual property laws, unfair competition laws, and other proprietary rights laws. Beezwax, its licensors, or other providers (as applicable) retain all right, title and interest in and to the Site Materials, and all intellectual property rights thereto. No right, title, or interest in or to the Site or any Site Materials are transferred to you, and all rights not expressly granted are reserved by the Beezwax. There are no implied licenses granted by Beezwax, its licensors, its providers, or otherwise under these Terms. Any use of the Site not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. If you print, copy (beyond temporary copies of Site Materials in RAM incidental to your accessing and viewing these materials), modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of the Terms, your right to use your account, the Site and Site Materials, will stop immediately and you must, at our option, return or destroy any copies of the materials you have made.
- Trademarks. The Beezwax trade name and trademark are owned by us. You must not use this trademark without the prior written permission of the Beezwax. All other names, logos, product and service names, designs, and slogans on the Site are the trademarks of their respective owners.
- Modifications to Site or Site Materials. Beezwax reserves the right, at any time, to modify, suspend, or discontinue the Site, including any Site Materials, or any parts of the foregoing with or without notice. Without limiting the foregoing, you agree Beezwax will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Site, including any Site Materials, or any parts of the foregoing with or without notice.
- Changes to the Terms. We reserve the right to revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them. Your continued use of the Site and Site Materials following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
- User Feedback. If you provide any suggestions, ideas, feedback, or recommendations to us regarding our Site or the Site Materials (collectively, “Feedback”) then we may use such Feedback for any purpose, provided we will not associate such Feedback with you. So that we may incorporate Feedback into our products and services, you hereby grant Beezwax, its subsidiaries, affiliates and partners a worldwide, irrevocable, royalty free, non-exclusive, sublicensable and transferable license under all intellectual property rights in and to the Feedback for any purpose and you hereby irrevocably and unconditionally grant such Feedback and all such rights to us free of charge. To the extent permitted by applicable laws, you hereby waive any moral rights or rights of publicity or privacy you may have in the Feedback.
- Availability of the Site. Information describing the Site is accessible worldwide but this does not mean the Site or certain portions thereof are available in your country. We may restrict access to the Site or portions thereof in certain countries. It is your responsibility to make sure that your use of the Site and Beezwax Content is legal in your country of residence. The Site and Beezwax Content may not be available in all languages. If at our reasonable determination, you use the Site or any Beezwax Content in a manner that violates laws, or creates an excessive burden or potential adverse impact on our systems, in addition to any of its other rights or remedies, Beezwax may, without liability to Beezwax, immediately suspend or terminate your access to your account, the Site, and Beezwax Content.
Disclaimer of Warranties
- YOUR USE OF THE SITE OR SITE MATERIALS IS AT YOUR OWN RISK. THE SITE AND SITE MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER BEEZWAX NOR ANY PERSON ASSOCIATED WITH BEEZWAX MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE AND SITE MATERIALS. WITHOUT LIMITING THE FOREGOING, NEITHER BEEZWAX NOR ANYONE ASSOCIATED WITH BEEZWAX REPRESENTS OR WARRANTS THAT THE SITE OR SITE MATERIALS WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR SITE MATERIALS, OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR SITE MATERIALS WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE AND SITE MATERIALS, OR ON ANY WEBSITE LINKED TO THE SITE. TO THE FULLEST EXTENT PROVIDED BY LAW, BEEZWAX HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, SATSIFACTORY PURPOSE, ACCURACY, COMPLETENESS, INTEGRATION, AND FITNESS FOR PARTICULAR PURPOSE.
- THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER BEEZWAX, ITS SUPPLIERS OR LICENSORS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE OR SITE MATERIALS WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE AND SITE MATERIALS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BEEZWAX HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BEEZWAX’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE OR SITE MATERIALS, EXCEED ONE HUNDRED DOLLARS ($100). BEEZWAX’S AFFILIATES AND SUPPLIERS SHALL HAVE NO LIABILITY ARISING FROM OR RELATED TO THESE TERMS.
- THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE AVAILABILITY OF THE SITE AND SITE MATERIALS AND FORM THE BASIS OF THE BARGAIN BETWEEN THE BEEZWAX AND YOU.
- Indemnification. You agree to defend, indemnify, and hold Beezwax, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Site or Site Materials, other than as expressly authorized in these Terms.
Governing Law and Dispute Resolution
- Governing Law. These Terms will be governed by the laws of the State of California, United States of America without giving effect to any conflict of laws principles.
- Disputes. Except as otherwise set forth in these Terms, you agree that any dispute between you and the Beezwax arising out of or relating to these Terms, the Site and Site Materials (collectively, “Disputes”) shall be governed by the provisions set forth in Section 17.
- Informal Resolution. Before resorting to formal dispute resolution in accordance with Section 17, you agree to first contact us directly at firstname.lastname@example.org to seek an informal resolution to any Dispute. The notice must include your name, mailing address, and phone number (if any), and must describe the nature and basis of the claim or dispute, as well as set forth the specific relief sought. In the event a Dispute is not resolved within sixty (60) days after submission, you or Beezwax may institute arbitration in accordance with the procedures set forth in this Section.
- Any and all Disputes that cannot be resolved through informal resolution in accordance with Section 17.3 above shall be resolved exclusively through final, binding and confidential arbitration and shall take place in Oakland, California unless otherwise mutually agreed to by the parties. The arbitration shall be conducted under the Commercial Arbitration Rules of the American Arbitration Association (AAA) as such rules are then prevailing, provided that the arbitrator and the parties shall comply with the following: (i) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions; (ii) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (iii) any judgment on the award rendered by the arbitrator shall be binding, final, and confidential, and may be entered in any court of competent jurisdiction.
- Opting-Out of Arbitration. You may opt-out of the agreement to arbitrate by providing Beezwax written notice at 200 Frank H. Ogawa Plaza, 7th Floor, Oakland, CA 94612 within thirty (30) days of first accepting these Terms. Your notice must include: (i) your full name (first and last); and (ii) a clear statement that you decline this agreement to arbitrate.
- Exception to Arbitration. Notwithstanding anything in these Terms to the contrary, to the extent you have in any manner violated or threatened to violate any of the Beezwax’s intellectual property rights, Beezwax may seek injunctive or other appropriate relief in any state or federal court with competent jurisdiction in any country, including in the State of California, United States of America, without first engaging in arbitration or the informal dispute process set forth in this Section, and you hereby consent to the personal jurisdiction and exclusive venue in such courts.
- No Class Actions. You may only resolve Disputes with Beezwax on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed under these Terms.
- Venue and Waiver of Jury Trial. In the event that the agreement to arbitrate is found not to apply to you or your claim, you and the Beezwax agree that any judicial proceeding will be brought in the federal or state courts of Oakland, California. BOTH YOU AND THE BEEZWAX CONSENT TO VENUE AND PERSONAL JURISDICTION THERE. YOU AND THE BEEZWAX BOTH AGREE TO WAIVE ANY RIGHT EITHER PARTY MAY HAVE TO A JURY TRIAL.
- Time Limitation to Bring Claims. Notwithstanding any statute or law to the contrary, any claim or cause of action arising out of or related to these Terms or the Site or Site Materials, must be filed within one (1) year after such claim or cause of action arose, otherwise that claim or cause of action will be barred forever.
- Waiver and Severability of Provisions. No waiver by the Beezwax of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure of the Beezwax to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be unlawful, void, or unenforceable, then such provision shall be limited to the minimum extent or eliminated such that the remaining provisions of the Terms will continue in full force and effect.
- Contact Information. If you have any questions about these Terms, or about the Site or Site Materials, you may contact us at email@example.com.
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