Terms

Effective Date: July 25th, 2012

BIZEEBEE.COM TERMS OF USE AGREEMENT

This Terms of Use Agreement (“Agreement”) sets forth the terms and conditions that apply to your access and use of services on the Internet Web site located at www.BizeeBee.com (“BizeeBee.com”), as owned and operated by BizeeBee, Inc., a Delaware corporation (“BizeeBee”). By using BizeeBee.com, you agree to be bound by the terms and conditions of this Agreement, as they may be amended from time to time in the future (see “Modifications” below).

1. Accepting the Terms

1. By using the software, information, features and functionality located on BizeeBee.com (referred to collectively as the “Service”), you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the BizeeBee.com website) or you are a “Subscriber” (which means that you have registered with BizeeBee.com). The term “you” or “User” refers to a Visitor or a Subscriber. The term “we” refers to BizeeBee. If you wish to become a Subscriber, communicate with other Subscribers and make use of the Service, you must read this Agreement and indicate your acceptance during the Registration process.

2. You may not use the Service and you may not accept this Agreement if you are not of a legal age to form a binding contract with BizeeBee.

3. If you accept this Agreement, you represent that you have the capacity to be bound by it or if you are acting on behalf of a company or entity that you have the authority to bind such entity. Before you continue, you should print or save a local copy of this Agreement for your records.

2. Privacy Policy

BizeeBee respects your privacy and permits you to control the treatment of your personal information. A complete statement of BizeeBee’s current privacy policy (the “Privacy Policy”) can be found by clicking here. The Privacy Policy, which may be updated from time to time, is expressly incorporated into this Agreement by this reference and shall be deemed a part hereof.

3. Description of the Service

1. The Service provided by BizeeBee is web-based software that is designed to provide simple solutions for business owners to register customers and take attendance, keep track of customers’ status and receive customer payments, create online stores to sell products, monitor revenue and retain more customers. The Service is meant as an aid to assist business owners in organizing and managing their business. It is not intended to provide legal, tax or financial advice.

2. Currently, the Service is available to you in several different subscription plans. If you subscribe to a paid plan, you will be required to pay subscription fees on a monthly basis. You agree to make your monthly subscription payments based on our Billing Policy.  The Billing Policy, which may be updated from time to time, is expressly incorporated into this Agreement by this reference and shall be deemed a part hereof.

3. BizeeBee is constantly innovating to provide the best possible experience for you. You acknowledge and agree that the form and nature of the Service which BizeeBee provides may change from time to time.

4. Your Registration Information

1. You agree and understand that you are responsible for maintaining the confidentiality of your password which, together with your Login ID e-mail address, allows you to access the Service. That Login ID and password, together with any phone number or other contact information you provide form your “Registration Information.” You acknowledge and agree that your Login ID and password are issued only for your own use and shall not be shared by you with other individuals, including, without limitation, your business partners. You shall be solely responsible for any damages or losses in connection with any use or misuse by such individuals with whom you shard your Login ID and password.

2. By providing us with your e-mail address, you agree to receive all required notices electronically, to that e-mail address. It is your responsibility to update or change that address, as appropriate. Notices will be provided in HTML (or, if your system does not support HTML, in plain-text) in the text of the e-mail or through a link to the appropriate page on our site, accessible through any standard, commercially available internet browser.

3. If you become aware of any unauthorized use of your Registration Information, you agree to notify BizeeBee immediately at the email address: team@bizeebee.com.

5. Your Use of the Service

1. Your right to access and use the Service is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use the Service for purposes that are permitted by this Agreement and any applicable law, regulation or generally accepted practice or guidelines in the relevant jurisdictions.

2. You shall not blog, take or display screenshots, or review the software in a public forum. Any violation of this Section 5.2 will cause your right to use the software to be revoked.

3. Accurate records enable BizeeBee to provide the Service to you. You must provide true, accurate, current and complete information about your accounts, and you may not misrepresent your Registration Information. In order for the Service to function effectively, you must also keep your Registration Information up to date and accurate. If you do not do this, the accuracy and effectiveness of the Service to you will be affected.

4. You acknowledge and agree that BizeeBee reserves the right to contact you via e-mail or phone for the purpose of collecting feedbacks from you in connection with the improvement of the Service.

5. Your access and use of the Service may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of BizeeBee.com or other actions that BizeeBee, in its sole discretion, may elect to take.

6. Creating Online Store, Providing Billing Services and Delivering E-mail Reminders on Behalf of You

1. You are able to create an online store on our website, where you can sell products to your customers. In order for you to receive purchase payments made by your customer on your online store, you need to set up an account with PayPal, our third party payment processor to provide payment process services for the online store. We reserve the right to change or add other third party payment processors from time to time in our sole discretion and without notice. In order for your customer to make a purchase on your online store, he or she will provide credit card or debit card information to PayPal and we will have no access to such information. Your customer’s payments are subject to the terms of use, terms of service, privacy policies and other relevant policies of PayPal (PayPal’s User Agreement is available at https://www.paypal.com/cgi-bin/webscr?cmd=p/gen/terms-outside). After your customer makes a purchase in your online store, we will bill your customer on the date specified by you; however, we will not guarantee that after we bill your customer, the right amount of payment will be transferred to your account in a timely manner. It is your responsibility to confirm that each transaction was made properly. In the event there is any billing disputes, you agree to resolve such disputes with your customer and, if applicable, with PayPal.

2. With our partnership with Balanced, a registered DBA of Pound Payments, Inc. (“Balanced”), which is currently able to provide payment process services in the United States only, we are able to provide you with billing services. By using the payment process services provided by Balanced, you agree to be bound by its terms of use, terms of service, privacy policies and other relevant policies (Balanced’s terms and conditions are available at https://www.balancedpayments.com/terms, along with its privacy policy, available at https://www.balancedpayments.com/privacy). In order for you to use our billing services, you will submit an application to establish an account with Balanced by providing relevant banking account/credit card or debit card information and other information as requested by Balanced. We have no access with you or your customer’s bank account/credit card or debit card information or any other information provided in connection with your application with Balanced and we disclaim any and all liabilities in connection with Balanced’s use or misuse of the same. Upon approval of the application by Balanced, you will be able to receive payments via Balanced. The approval of the application is at Balanced’s sole discretion outside of our control, and we reserve the right to revoke the application approved by Balanced at any time if we believe that either you or your customer has engage in illegal, improper, risky or fraudulent transactions via Balanced. For each transaction, Balanced currently charges a transaction fee of 3.25% of the total amount being transacted, and we currently charges an addition fee of 0.75% of the total amount being transacted. We reserve the right to increase the transaction fee for any transaction that appears risky or fraudulent. We are currently not able to provide any refund services and you are solely responsible for issuing any refunds requested by your customer. For any transaction that is rejected due to reasons other than the expiration of your customer’s credit card or debit card, we are not responsible for providing you with any explanations of such rejection. In the event there is any disputes regarding any transaction, you agree to resolve such disputes with your customer and, if applicable, with Balanced.

3. We are able to help you generate e-mail reminders for your customers who have not made their payments to you. These e-mail reminders can be sent to your customers in various e-mail templates at your choosing, which include key information such as account balance, due date of payment and method of payment. The e-mail template, once completed by you, will be sent to your customer’s e-mail address provided by you. You acknowledge and agree that the use of the software does not guarantee that these e-mail reminders will be delivered to your customers or payment will be finally made by your customers. We are not liable for any loss or damage related to lost payments, invoices, or e-mail communications between you and your customers. We make good faith effort to send out these e-mail reminders in a timely manner and we are not liable for any loss or damage related to the delay in delivering these e-mail reminders.

4. When your customer makes a purchase from you, we will help you generate a thank-you e-mail to your customer confirming the purchase. We make good faith effort to send out a thank-you e-mail for every purchase, but we are not liable for failed deliveries of such e-mail. You acknowledge that such thank-you e-mail cannot be used as a receipt, and it is your responsibility to provide a paper receipt upon your customer’s request.

5. We will help you generate a customer progress report regarding customer status and other related information. We make good faith effort to send out these customer progress reports each month and we do not guarantee the accuracy of the information contained in such reports. We are not liable for any losses or damages related to the discrepancy between information you recorded on your own and information contained in the reports.

Rights You Grant to Us
By submitting information, data, passwords, usernames, PINs, other log-in information, materials and other content to BizeeBee through the Service, you grant to BizeeBee a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to use and store any content which you submit, post or display on or through the Service. This license is for the sole purpose of enabling BizeeBee to provide the Service. By submitting this content to BizeeBee, you represent that you have all the rights, power and authority necessary to grant the above license, without any obligation by BizeeBee to pay any fees or other limitations.

BizeeBee’s Intellectual Property Rights

1. The contents of BizeeBee.com, including its “look and feel” (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material are protected under both United States and other applicable copyright, trademark, trade secret and other intellectual property laws. As long as you comply with the Agreement, BizeeBee grants to you a personal, limited, royalty-free, non-assignable and non-exclusive license to use the Service provided to you by BizeeBee. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Service as provided by BizeeBee, in the manner permitted by the Agreement.

2. You may download or print a copy of information provided on BizeeBee.com for your personal, internal and non-commercial use only. Any distribution, reprint or electronic reproduction of any content from BizeeBee.com in whole or in part for any other purpose is expressly prohibited without our written consent.

3. You may not copy, modify a derivative work of, reverse engineer or otherwise attempt to extract the source code of the software without our written consent.

Access and Interference
You agree that you will not:
1. Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor BizeeBee.com or any portion of BizeeBee.com, without BizeeBee’s express written consent, which may be withheld in BizeeBee’s sole discretion;

2. Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search BizeeBee.com, other than the search engines and search agents available through the Service and other than generally available third-party web browsers (such as Microsoft Explorer);

3. Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of BizeeBee.com or the Service; or

4. Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of BizeeBee.com or the Service.

Rules for Posting
As part of the Service, BizeeBee allows Subscribers to post content on bulletin boards, blogs and at various other publicly available locations on BizeeBee.com. These forums may be hosted by BizeeBee or by one of our third party service providers on BizeeBee’s behalf. You agree in posting content to follow certain rules.

1. You are responsible for all content you submit to BizeeBee.com.
2. By submitting content to us, you represent that you have all necessary rights and hereby grant us a perpetual, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, modify, display, and perform all or any portion of the content in connection with BizeeBee.com and our business, including without limitation for promoting and redistributing part or all of the site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User a non-exclusive license to access your posted content through BizeeBee.com, and to use, reproduce, distribute, prepare derivative works of, display and perform such content as permitted through the functionality of BizeeBee.com and under this Agreement.

3. You may not post or transmit any message which is libelous or defamatory, or which discloses private or personal matters concerning any person. You may not post or transmit any message, data, image or program that is indecent, obscene, pornographic, harassing, threatening, abusive, hateful, racially or ethnically offensive; that encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; or that is otherwise inappropriate.

4. You may not post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion.

5. You may not interfere with other Users’ use of the Service, including, without limitation, disrupting the normal flow of dialogue in an interactive area of BizeeBee.com, deleting or revising any content posted by another person or entity, or taking any action that imposes a disproportionate burden on the Service infrastructure or that negatively affects the availability of the Service to others.

6. Except where expressly permitted, you may not post or transmit charity requests; petitions for signatures; franchises, distributorship, sales representative agency arrangements, or other business opportunities (including offers of employment or contracting arrangements); club memberships; chain letters; or letters relating to pyramid schemes. You may not post or transmit any advertising, promotional materials or any other solicitation of other users to use goods or services except in those areas (e.g., a classified bulletin board) that are designated for such purpose.

7. You agree that any employment or other relationship you form or attempt to form with an employer, employee, or contractor whom you contact through areas of BizeeBee.com that may be designated for that purpose is between you and that employer, employee, or contractor alone, and not with us.

8. You may not copy or use personal identifying or business contact information about other Users without their permission. Unsolicited e-mails, mailings, telephone calls, or other communications to individuals or companies whose contact details you obtain through the Service are prohibited.

9. You agree that we may use any feedback, suggestions, or ideas you post in any way, including in future modifications of the Service, other products or services, advertising or marketing materials. You grant us a perpetual, worldwide, fully transferable, sublicensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to us in any way.

Disclaimer of Representations and Warranties

1. THE CONTENT AND ALL SERVICE ASSOCIATED WITH BIZEEBEE.COM OR PROVIDED THROUGH THE SERVICE ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. BIZEEBEE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF BIZEEBEE.COM OR OF THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.

2. BIZEEBEE MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON BIZEEBEE.COM OR OF THE SERVICE, AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. BIZEEBEE MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICE IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.

12. Not a Financial Planner, Broker or Tax Advisor

NEITHER BIZEEBEE NOR THE SERVICE IS INTENDED TO PROVIDE LEGAL, TAX OR FINANCIAL ADVICE. BIZEEBEE IS NOT A FINANCIAL PLANNER, BROKER OR TAX ADVISOR. The Service is intended only to assist you in managing your business and is broad in scope. You should consider obtaining additional information and advice from your accountant or other financial advisers before implementing any financial strategy.
13. Email Disclaimer

You understand and agree that any e-mail delivered to your or your customer through the Service may be delayed or prevented by a variety of factors. BizeeBee does its best to provide e-mails in a timely manner with accurate information. However, we neither guarantee the delivery nor the accuracy of the content of any e-mail. You also agree that BizeeBee shall not be liable for any delays, failure to deliver, or misdirected delivery of any e-mail; for any errors in the content of an e-mail delivered to you or your customer; or for any actions taken or not taken by you, your customer, or any third party in reliance on an e-mail delivered to you or your customer.

14. Third Party Service Providers

We work with a number of third parties whose websites may be linked with our website. Similarly, from time to time in connection with your use of the Service, you may have access to websites, services, or software that are made accessible by, provided by, owned or licensed by, or under the control of third parties. We have no control over any third party websites, services, or software and therefore we are not responsible for the availability of such third party websites, services or software. We make no and hereby disclaim to the maximum extent permitted under applicable law any representation or warranty about, and take no responsibility or liability of any type or kind for, such websites, services, or the software made accessible by, provided by, owned or licensed by, or under the control of such third parties. Your use of such sites, services, or software is subject to any terms of use and privacy policies applicable to the same, and you agree to pay any fees that may be charged by any third party for use of the sites, services or software and to resolve any disputes regarding the same with such third party.

15. Limitations on BizeeBee’s Liability

BIZEEBEE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR CONTRACTORS SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER CAUSE OF ACTION, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST DATA, LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO BIZEEBEE.COM, YOUR USE OF THE SERVICE OR THIS AGREEMENT, EVEN IF BIZEEBEE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, BIZEEBEE’S LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $100.00 (ONE HUNDRED UNITED STATES DOLLARS).

16. Your Indemnification of BizeeBee

You shall defend, indemnify and hold harmless BizeeBee and its officers, directors, employees, agent, or contractors from and against any and all claims, damages, costs and expenses, including but not limited to attorneys fees, in whole or in part arising out of or attributable to your use of BizeeBee.com or the Service, or any breach of this Agreement by you.

17. Ending Your Relationship with BizeeBee

1. This Agreement will continue to apply until terminated by either you or BizeeBee as set out below. If you want to terminate your legal agreement with BizeeBee, you may do so by closing your account for the Service.

2. BizeeBee may at any time, terminate its legal agreement with you:

a. if you have breached any provision of this Agreement (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of this Agreement);

b.  if BizeeBee in its sole discretion believes it is required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful); or

c. immediately upon notice, to the e-mail address provided by you as part of your Registration Information.

18. Modifications

BizeeBee may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on the BizeeBee.com site. In addition, the Agreement will indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Service after those changes are posted.

19. Governing Law and Forum for Disputes

1. This Agreement, and your relationship with BizeeBee under this Agreement, shall be governed by the laws of the State of California without regard to its conflict or choice of laws provisions. Any dispute with BizeeBee, or its officers, directors, employees, agents or contractors arising under or in relation to this Agreement shall be resolved exclusively through the Superior Court of California within the county of Santa Clara, California, except with respect to imminent harm requiring temporary or preliminary injunctive relief, in which case BizeeBee may seek such relief in any court with jurisdiction over the parties. You understand that, in return for agreement to this provision, BizeeBee is able to offer the Service at the terms designated, without charge to you, and that your assent to this provision is an indispensable consideration to this Agreement.

2. You also acknowledge and understand that, with respect to any dispute with BizeeBee, its officers, directors, employees, agents or contractors arising out of or relating to your use of the Service or this Agreement:

a. YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and

b. YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.

20. Miscellaneous
1. If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.

2. You agree that if BizeeBee does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which BizeeBee has the benefit of under any applicable law), this will not be taken to be a formal waiver of BizeeBee’s rights and that those rights or remedies will still be available to BizeeBee.

3. All covenants, agreements, representations and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement.

4. This Agreement represents the entire understanding and agreement between you and BizeeBee regarding the subject matter of the same, and supersedes all other previous agreements.