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Terms of Service

Terms of Service:
(Last updated 12/9/2016)

Welcome. Thank you for using the service of honeybeeBase.com. By using honeybeeBase (“Service”) , you are agreeing to be bound by the following terms and conditions (“Terms of Service”). HoneybeeBase, LLC reserves the right to update and change these Terms of Service without notice. Violation of any of the terms below may result in termination of your account. You indicate your agreement to these Terms by using the Service. If you will be using the Services on behalf of an organization, you agree to these Terms on behalf of that organization and you represent that you have the authority to do so. In such case, “you” and “your” will refer to that organization.

1. Account Terms
a. As part of using the Service you will from time to time upload and provide information to the Service. This can include but is not limited to: images, computer files, information, and data. This will be referred to collectively as “Content”.
b. The Service is paid for through a subscription (“Subscription”).
c. Any individual or organization using the Service will be referred to as a “User”.
d. The User will be provided a log in password (“Log In”) in order to access the Service.
e. The Subscription allows for multiple Users to be able to share information and communicate with each other. The Users that are provided access through the Subscription shall be collectively referred to as an “Account”.
f. The User that is paying for the Subscription will be referred to as the “Account Owner”.
g. The Account Owner can create additional Users and provide access to the Service to additional Users. A User created by the Account Owner will be referred to as the “Account User”
h. Through a process on the Service the Account Owner can grant Account Owner rights to one of the Account Users.

2. Security
a. You are responsible for maintaining the security of your account and of your password.
b. The Company can not and will not be liable for any loss or damage from failure to comply with your security obligation.
c. You are responsible for the Content posted utilizing your Log In regardless of whether your posted the Content or not.
d. If you become aware of any unauthorized access to your account, you should notify customer support immediately (support@honeybeebase.com)

3. Overview
a. You are responsible for Content posted as your User. If you are the Account Owner you are also responsible for the activity posted under the Account by an Account User.
b. The Service is only intended for use within the United States of America.
c. You may not use the Service for any illegal purpose or to violate any laws in your jurisdiction (including but not limited to copyright laws).
d. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
e. Each Account User and Account Owner may only be used by one person – a single login shared by multiple people is not permitted.
f. The Service is not intended for individuals under the age of thirteen years old. If you are under thirteen or do not have the power to form a contract, then you do not have rights to use the Service.
g. You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
h. The Service is provided on an “as is” and “as available” basis.
i. Technical support is only provided via email.
j. You may not change the way the Service functions other than by the methods readily available through the Service.
k. The Company does not warrant or represent that (i) the Service will meet your specific needs, (ii) the Service will be uninterrupted, (iii) the Service be accurate or reliable, (iv) any errors or omissions will be corrected.
l. You expressly understand and agree that the Company shall not be liable for any damages. Damages could be but are not limited to direct, indirect, incidental, special, consequential or exemplary damages. Damages are including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company 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.
m. You may not hack or circumvent the Service in order to attempt to access information that is not yours or in an attempt to change the way in which the Service functions.
n. You must not modify or present another website so as to falsely imply that it is associated with or provides the Service of the Company.
o. 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 the Company.
p. You must be of legal age of majority in your state of residence or otherwise able to form a binding contract with the Company in order to use the Service.
q. You use the Service at your sole risk.
r. You understand that the Company utilizes third party vendors for hosting and software services. These vendors provide services including but not limited to hardware, networking, software, and storage required to run the Service.
s. Subject to your compliance with these Terms, you are hereby granted a non-exclusive, limited, non-transferable, revocable license to use the Services as we intend for them to be used.
t. The Company may provide links to third party resources. In addition your Content may provide links to third party resources. The Company does not represent that we have reviewed the third party resources. The Company is not responsible for the content appearing on third party resources.
u. The relationship between you and the Company is that of independent contractors, and not legal partners, employees, or agents of each other.

4. API Terms
a. The Service may provide access to some of your Content via the Application Program Interface (“API”).
b. Use of the API, including any use through a third party provider, will be bound by the Terms of Service.
c. You expressly understand and agree that the Company shall not be liable for any damages or losses resulting from your use of the API or third-party products that access data via the API.
d. Abuse or excessively frequent requests to the Service via the API may result in the temporary or permanent suspension of your Account’s access to the API.
e. Suspension of your Account’s access to the API will be at the Company’s sole discretion.

5. Payments, Refunds, Upgrades, Downgrades
a. The Service is offered with a free trial for 28 days. After that 28 days of free trial is complete, payment in advance is required to continue to access the Service. If you fail to pay in advance for services, we will freeze your account and your account and all your users of your account will no longer have access to the Service. Additionally all data relating to your account will no longer be accessible.
b. Any upgrade or downgrade in your plan level, storage level, or user level will be prorated for the remainder of the billing cycle.
c. If you downgrade your service, you may lose features, storage capacity, or user capacity. The Company is not liable for any loss or damages as a result of the downgrade.
d. 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. Where required, The Company will collect those taxes on behalf of taxing authority and remit those taxes to taxing authorities.

6. Refund policy
a. Fees paid by you are non-refundable, except as provided in these Terms of Service or when required by law.
b. If you feel there was an error in billing, please contact us with all relevant details.
c. Please include details as to Service purchased. All requests for refund must be received within 30 days of purchase.
d. If you wish to cancel an annual service fee you may apply to receive a prorated refund for the remaining portion of the Service not yet used.
e. All refund requests should be directed to our Customer Service Department: (support@honeybeebase.com)

7. Subscriptions
a. The Service is offered through a subscription plan (“Subscription”). This means you will be billed in advance on a recurring and periodic basis. Each period of payment is called a “Billing Cycle”.
b. Your Subscription will auto-renew at the end of each Billing Cycle unless you cancel the Service.

8. Cancellation and Termination
a. You may cancel auto-renew at any time, however your Subscription will continue until the end of the current Billing Cycle.
b. Once your current Billing Cycle has ended, all of your data will be inaccessible.
c. Within 30 days all of your Content will be permanently deleted from the Service.
d. This Content which is permanently deleted includes all backups and logs.
e. This information can not be recovered once it has been permanently deleted.
f. The Company, 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.
g. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your account.
h. The Company reserves the right to refuse service to anyone for any reason at any time.

9. Pricing and Service Modifications
a. The Company reserves the right to change the fees charged for the Service at any time.
b. The change in fees charged will become effective only at the end of your current Billing Cycle.
c. The Company will provide you with reasonable notice (“Notice”) of any changes in Fees prior to provide with and opportunity to cancel your Subscription prior to the auto-renew.
d. Notification by email or by publication on HoneBeeBase will suffice to fufill the obligation of the Notice.
e. The Company reserves the right to cease providing part or all of the Service at any time on a temporary or permanent basis with or without notice.
f. The Company is not liable to your or any third party for modifications in pricing
g. The Company is not liable to you or any third party for modicifactions, additions, or discontinuance of part or all of the Service.

10. Taxes
a. Unless otherwise stated, you are responsible for any taxes (other than the Company’s income tax) or duties associated with the sale of the Services, including any related penalties or interest (collectively, “Taxes”).
b. The cost for the Service will be the cost without any reduction for Taxes.
c. If the Company is required to collect and remit Taxes, then the Company will invoice and bill the Taxes.
d. You may provide the Company with a valid tax exemption certificate authorized by the appropriate taxing authority or other documentation providing evidence that no tax should be charged.

11. Consent to Receive Emails
a. By registering as a User you agree that from time to time you may receive communications from the Company.
b. These communications could include but are not limited to phone, email, and text communications.
c. The subject of these communications could be of the nature of newsletters, special offers, reminders, updates, or notifications.

12. Acceptable Use Service
a. We may, but are not obligated to, remove content which we deem violates the Terms of Service or that violates any laws.
b. Verbal, physical, or abuse of any other kind of any Service customer, Company employee, or Company office will result in immediate termination of the Subscription.
c. The Company reserves the right to terminate or temporarily suspend your access and your Subscription if usage significantly exceeds the average usage of other Service customers. We will attempt to contact the Account Owner if this occurs, however if the usage could negatively impact access by other Service customers we may terminate or suspend access with no prior communication with an Account Owner.

13. Privacy
a. By using the Service you may submit information and Content to the Company which may include personal data or personal data of others.
b. The Company’s privacy policy (“Privacy Policy”) will detail how we treat your Content and we agree to adhere to the Privacy Policy.
c. You in turn agree that the Company may use and share your Content and information in accordance with our Privacy Policy
d. The Company may disclose your Content when required by law or legal process, but only after the Company, if permitted by law, uses commercially reasonable efforts to notify you to give you the opportunity to challenge the requirement to disclose.
e. An Account Owner will have rights to view any Content posted by all Account Owners and all Account Users associated with the Account
f. You understand that processing of and transmission of content may occur over unencrypted networks or hardware.
g. The Privacy Policy can be accessed on honeybeeBase.com at the following link: Privacy Policy

14. No Unlawful or Prohibited Use
a. You can only use the service if they do not conflict with or violate the laws of your jurisdiction(s). The Company offering of the Service in your jurisdiction(s) is not an invitation or offer by the Company to access or use our website or Services. By using the Service you accept sole responsibility that you are not violating any laws. If you are an account owner, you are responsible to ensure that the Service is only used by users you have set up if it does not conflict with or violate the laws of your jurisdiction(s).
b. The following is specifically excluded or prohibited: (i) Use in connection with any legal matter involving an alleged violent crime, (ii) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others. (iii) publish, post, upload, distribute or disseminate any names, materials, or information that is considered inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful, (iv) create a false identity, represent yourself as someone else, or access the Service as someone else or on behalf of someone else, (v) Upload corrupted files, files that contain viruses, or any other files that may damage the operation of another’s computer, (vi) Advertise, offer to sell, or offer to buy anything for business purposes except to the limited extent any particular Communication Service specifically allows such activity, (vii) restrict or inhibit any other user from using and enjoying the Communication Services, (viii) harvest or otherwise collect personally identifiable information about others, without their consent.
c. You may not hack, “scrape” or “crawl” the Service whether directly or through intermediaries such as spiders, robots, crawlers, scrapers, framing, iframes or RSS feeds, or otherwise access or attempt to access any information the Company has not intentionally made available to you on its website via purchased subscription. Your use of the Service does not entitle you to resell any portion or all of the Service without prior express written consent from the Company.

15. Intellectual Property Rights of the Company
a. These Terms of Service do not grant you ownership of the Service.
b. Your payment to use the Service does not grant you ownership of the Service.
c. You do not have any right to use the Company’s trademark or any other brand elements.
d. The Company retains all right, title and interest in the Service and all related intellectual property.
e. The look and feel of the Service is copyright of the Company All Rights Reserved.
f. You may not duplicate, copy, or reuse any portion of the code or elements without express written permission from the Company. This includes but is not limited to the following code and elements: HTML, CSS, JavaScript, images, or visual design elements.
g. HoneybeeBase is a registered trademarks in the U.S. Patent and Trademark Office.

16. Copyright
a. All content posted on the Service must comply with U.S. copyright law.
b. The Company does not claim any intellectual property rights over the material you provide to the Service. All content and materials you provide and upload remains yours.
c. The Company does review or pre-screen content in any way. The Company reserves the right (but not the obligation) to refuse or remove any content that is available via the Service. This removal of content is at the sole discretion of the Company
d. You understand that in order to ensure compliance with our legal obligations, the Company may from time to time be required to review your Content.
e. If you believe that any material on our website infringes on any copyright which you own or control please contact us at support@honeybeebase.com.

17. Disclaimer of Representations and Liability
a. Use of the Service is at your own risk.
b. To the fullest extent permitted by law, in no event will the Company, its affiliates, suppliers, or distributors be liable for any indirect, special, incidental, punititive, exemplary or consequential damages or any loss of use, data, business, or profits, whether or not the Company has been warned of the possibility of such damages, and even if a remedy fails of its essential purpose.
c. If you are a business, you will indemnify and hold harmless the Company and its affiliates, officers, agents, and employees from all liabilities, damages, and costs (including settlement costs and reasonable attorneys’ fees) arising out of a third party claim regarding or in connection with your or your end users’ use of the Services or breach of these Terms, to the extent that such liabilities, damages and costs were caused by you or your end users.
d. The Company’s aggregate liability for all claims relating to the Service shall in no even exceed the greater of $1,000 or the amount paid by your for the Subscription for the 12 months preceding the Service in question.

18. Dispute Resolution
a. Most customer concerns can be resolved through our customer support: support@honeybeebase.com

19. Controlling Law
a. These terms are governed by Ohio law.

20. Entire Agreement
a. These Terms of Service constitute the entire agreement between you and the Company with respect to the subject matter of these Terms of Service.
b. These Terms of Service supersede and replace any other prior agreements, or Terms of Service.
c. These Terms create no third party beneficiary rights.

21. Waiver, Severability, and Assignment
a. The Company’s failure to enforce a provision is not a waiver of its right to do so later.
b. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible.
c. You may not assign any of your rights under these Terms, and any such attempt will be void.
d. The Company may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.

22. Contact Information
a. In order to contact the Company please email us at
support@honeybeebase.com

 

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