Terms of Service
THE B2BEE SERVICE ( “SERVICE”) IS OWNED AND OPERATED BY B2BEE, LLC. (“B2Bee”) AND IS PROVIDED TO YOU UNDER THE TERMS AND CONDITIONS OF THESE TERMS OF SERVICE ( “TERMS OF SERVICE”). BY COMPLETING THE ELECTRONIC ACCEPTANCE PROCESS AND CHECKING THE “TERMS OF SERVICE” CHECKBOX, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE SERVICE. YOU REPRESENT AND WARRANT THAT YOU: (I) ARE AT LEAST 15 YEARS OF AGE AND AUTHORIZED TO SIGN FOR AND BIND THE CONTRACTING PARTY AND (II) AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS TERMS OF SERVICE, INCLUDING THE DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH BELOW. IF YOU DO NOT AGREE, DO NOT CONTINUE WITH THE ACCEPTANCE PROCESS.
B2BEE reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://www.getthebee.com/terms-and-conditions
Violation of any of the terms below may result in the termination of your Account. You agree to use the Service at your own risk.
Terms
You must provide your full, legal name, along with a valid email address, and any other information requested during the sign up process.
You are responsible for maintaining your account and password security. B2Bee is not liable for any loss or damage from your failure to comply.
You are responsible for all content and entries in your account.
Additional users must be subscribed for in the system. Only you or your accountant, may access your account using your username and password.
You may not use the Service for any illegal activity or venture.
You shall indemnify and defend B2Bee for any harm or damages that result based on use of the Service via your account, or any secondary accounts.
You shall not resell the service or use for high volume purposes. High volume is determined soley at the discretion of B2Bee.
Availability of Service
The Service may not be available at all times, and may not be available in the format generally marketed, and some personal computers may not be available to receive the Service.
B2Bee, its suppliers and licensors may, at any time, without notice or liability to you, restrict in whole or in part the use of the Service or limit availability in order to perform maintenance activities and to maintain session control or for any other purpose.
Term and Termination
This Terms of Service goes into effect upon your acceptance of this Terms of Service as set forth in Paragraph 1 and shall continue until terminated by either party as permitted by this Terms of Service. Billing for your Service shall apply on a monthly basis.
You may terminate this Terms of Service without cause by giving notice to the other party. Termination by you shall be effective upon your notice to B2Bee. You acknowledge that any Software that you may install as part of the Service may cease to operate, update or function properly after termination of any subscription.
Termination and/or Suspension by B2Bee. If, in the sole discretion of B2Bee: (a) you are in breach of any of the terms of this Terms of Service (including but not limited to, all B2Bee policies regarding abuse and acceptable use of the Service; (b) your use of the Service is prohibited by law or is disruptive to, adversely impacts or causes a malfunction to the Service, B2Bee’s network, or the use and enjoyment of other users; (c) B2Bee receives an order from a court to terminate your Service; (d) B2Bee for any reason ceases to offer the Service; or (e) you are no longer a B2Bee customer, then B2Bee at its sole election may terminate or suspend your Service immediately without notice. Termination by B2Bee shall be effective thirty (30) days after the date of notice to you, except as otherwise provided in this Terms of Service.
Pricing and Payment
B2Bee fees and charges for the Service(s) you select are supplied to you during the ordering process and provided on the B2Bee website unless otherwise provided for in this Terms of Service. You agree to pay the charges applicable to your selected Service plan, as well as any applicable taxes and other charges. Monthly recurring charges shall be billed one month in advance. B2Bee or its agent shall charge your credit card on a monthly basis as set forth during the ordering process. B2Bee does not accept debit cards for payment of any charges or fees.
Discontinuation of Service for Nonpayment. Service to you may be denied or discontinued without notice at any time if your credit card provider denies or discontinues providing credit to you for any reason, or you fail to make payment when due or provide us with a new credit card expiration date before the existing one expires. If your credit card provider denies or discontinues providing credit, you will be sent a notice of termination of Service.
You have the option to change your Service(s) at any time by notifying us, provided that you qualify for and comply with all requirements of that Service.
Your subscription to the Service(s) shall automatically renew on a monthly basis until B2Bee is notified, via phone or email, of your request to cancel service. Each user account is associated with a single domain and a single user. There are no refunds on partial months or pro-rated cancellation of Service.
API Terms
Customers may access their B2Bee account data via an API (Application Program Interface) provided one exists. Any use of the API, including use of the API through a third-party product that accesses B2Bee, is bound by the terms of this Terms of Service plus the following specific terms
You expressly understand and agree that B2Bee shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if B2Bee has been advised of the possibility of such damages), resulting from your use of the API or third-party products that access data via the API.
Abuse or excessively frequent requests to B2Bee via the API may result in the temporary or permanent suspension of your account’s access to the API. B2Bee, in its sole discretion, will determine abuse or excessive usage of the API. B2Bee will make a reasonable attempt via email to warn the account owner prior to suspension.
B2Bee reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part thereof) with or without notice.
Limitations on Use of the Service
You agree that your use of the Service is your sole responsibility, is solely at your own risk, and is subject to all applicable local, state, national and international laws and regulations.
You agree that the Internet is not owned, operated or managed by, or in any way affiliated with B2Bee and B2Bee is not responsible and has no control over the information or materials accessible via the Internet through use of the Service. You further agree that B2Bee does not own or control all of the various facilities and communications lines through which service may be provided, nor does B2Bee guarantee access to or through websites, servers or other facilities on the Internet, whether or not such facilities are owned or controlled by B2Bee.
B2Bee recognizes that your data is important and takes industry-standard, commercially reasonable measures to protect your data on the Service. However, you agree that B2Bee cannot and does not guarantee or warrant that data will not be lost or corrupted or free of defects, infection or viruses or other code that manifest contaminating, malicious or destructive properties. You are responsible for implementing adequate procedures to satisfy your particular requirements for accuracy of data input and output and for maintaining a means external to the Service for the reconstruction of any lost data.
You agree that the Internet is not a secure network and that third parties may be able to intercept, access, use, or corrupt the information you transmit or receive over the Internet. B2Bee is not liable for invalid destinations, transmission errors, or corruption or security of your data.
Limitation of Warranties and Disclaimer of Liability
IN NO EVENT SHALL B2BEE, ITS OFFICERS, DIRECTORS, EMPLOYEES, STOCKHOLDERS, SUBSIDIARIES, ATTORNEYS OR AFFILIATES BE LIABLE FOR: (A) ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOSS OF REVENUE OR DAMAGE TO DATA ARISING OUT OF THE USE, PARTIAL USE OR INABILITY TO USE THE SERVICE OR YOUR DATA, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, THOSE ARISING UNDER CONTRACT, TORT, NEGLIGENCE OR STRICT LIABILITY, EVEN IF B2BEE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES, OR (B) ANY CLAIMS AGAINST YOU BY ANY THIRD PARTY. THE MAXIMUM CUMULATIVE LIABILITY OF B2BEE TO YOU UNDER THIS TERMS OF IS LIMITED TO THE TOTAL AMOUNTS PAID BY YOU DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING ANY CLAIM.
THE REMEDIES EXPRESSLY SET FORTH IN THIS TERMS OF SERVICE ARE YOUR SOLE AND EXCLUSIVE REMEDIES. YOU MAY HAVE ADDITIONAL RIGHTS UNDER CERTAIN LAWS (SUCH AS CONSUMER LAWS), WHICH DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY, OUR EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
Notwithstanding any language to the contrary in this Terms of Service, the Service is provided to you “AS IS” and “AS AVAILABLE” and without any warranty from B2Bee of any kind. B2BEE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED (EITHER IN FACT, STATUTORY OR BY OPERATION OF LAW) WITH RESPECT TO THE SERVICE, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, SUITABILITY ACCURACY, SECURITY, NON-INTERFERENCE, COMPATIBILITY OF COMPUTER SYSTEMS, INTEGRATION, AND THOSE ARISING FROM COURSE OF DEALING, COURSE OF TRADE, OR ARISING UNDER STATUTE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. NO ADVICE, SUPPORT OR INFORMATION DELIVERED BY B2BEE OR ITS REPRESENTATIVES TO YOU SHALL CREATE ANY WARRANTY.
B2BEE DOES NOT WARRANT THAT THE SERVICE PROVIDED BY B2BEE HEREUNDER SHALL PERFORM AT A PARTICULAR SPEED, BANDWIDTH OR DATA THROUGHPUT RATE, OR SHALL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES, WORMS, OR THE LIKE. B2BEE SHALL NOT BE LIABLE FOR LOSS OF YOUR DATA, OR IF CHANGES IN OPERATION, PROCEDURES, OR SERVICES REQUIRE MODIFICATION OR ALTERATION OF YOUR EQUIPMENT, RENDER THE SAME OBSOLETE OR OTHERWISE AFFECT ITS PERFORMANCE.
Indemnification
You shall defend, indemnify and hold harmless B2Bee from and against all liabilities, damages, costs and expenses, including reasonable attorney’s fees, relating to or arising from: (1) your breach of this Terms of Service; (2) your use of the Service; (3) violation of applicable laws or regulations; (4) your use of the Service or the Internet or the placement or transmission of any message, information, software or other materials on the Internet; (5) your negligent acts, errors, or omissions; (6) injuries to or death of any person and for damages to or loss of any property, which may in any way arise out of or result from or in connection with this Terms of Service, or the Service; or (7) claims for infringement of any intellectual property rights arising from the use of the Service.
Notices
Notices required under this Terms of Service by you shall be provided to the Customer Service Department reachable via email at support@getthebee.com. Notices by B2Bee to you shall be deemed given: (a) when sent to your registered email address, or (b) when deposited in the United States mail addressed to you at last-known address or (c) when hand delivered to your home or business, as applicable.
General Provisions
The parties agree that their respective rights, obligations and duties which by their nature extend beyond the termination of this Terms of Service shall survive any termination and shall remain in effect for a period of one (1) year thereafter or the period specified in this Terms of Service, if longer.
B2Bee shall not be liable for delays, damages or failures in performance due to causes beyond its reasonable control, including, but not limited to, acts of a governmental body, acts of God, acts of third parties, fires, floods, strikes or other labor-related disputes, of other things we do not control, or an inability to obtain necessary equipment or services.
You and B2Bee agree that the substantive laws of the State of Ohio, without reference to its principles of conflicts of laws, shall be applied to govern, construe and enforce all of the rights and duties of the parties arising from or relating in any way to the subject matter of this Terms of Service. YOU AGREE TO SUBMIT ALL DISPUTES ARISING OUT OF OR RELATING TO THIS TERMS OF SERVICE TO FINAL BINDING ARBITRATION IN ACCORDANCE WITH THE THEN-EXISTING COMMERCIAL RULES OF THE AMERICAN ARBITRATION ASSOCIATION, BEFORE A SINGLE ARBITRATOR SELECTED FROM THE INTERNATIONAL ARM OF THE AMERICAN ARBITRATION ASSOCIATION. Except as otherwise required by law, any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. The parties expressly agree that the U.N. Convention on Contracts for the International Sale of Goods shall not apply to this Terms of Service.
B2Bee’s failure at any time to insist upon strict compliance with any of the provisions of this Terms of Service in any instance shall not be construed to be a waiver of such terms in the future. If any provision of this Terms of Service is determined to be invalid, illegal or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and the unenforceable portion shall be construed as nearly as possible to reflect the original intentions of the parties.
This Terms of Service and all other policies posted on the Website, which are fully incorporated into this Terms of Service by reference, constitute the entire Terms of Service between you and B2Bee with respect to the subject matter hereto and supersedes any and all prior or contemporaneous Terms of Services whether written or oral. Any changes by you to this Terms of Service, or any additional or different terms in your purchase orders, acknowledgements or other documents, written or electronic, are void.