INTRODUCTION
Bevite, Inc. and its wholly owned or operated subsidiaries (“Bevite”) offers its Products (“Products”) and Services (“Services”) available on the Workplace™
Extranet (“Website”) to you (“You”), the Member (“Member”), conditioned upon your acceptance of the policies governing the use of our Website. Please note, the terms “We”, “Our”, and “Us” refer to
http://workplace.bevite.co and
http://bugs.bevite.com (including related URLs).
TERMS OF USE
END-USER AGREEMENT
I. Scope
The Workplace™ website (“Website”) is offered to you based on your acceptance of the terms, conditions, and notices (“Agreement”) governing the use of the Website and any other Products or Services offered through the Website, including all Members who have access to the Website. Your use of the Website constitutes your (and if you are representing a company, your company’s) binding acceptance of the Agreement. If at any time the terms and conditions of this Agreement are no longer acceptable to you, then your sole remedy is not to access and/or use the Website and its ancillary products (“Products”) and services (“Services”).
II. Definitions
The terms "you,” “your(s)”, or “member(s)” and/or similar descriptions herein refer to the legal entity or person (as applicable), or on behalf of such legal entity or person, who indicates a binding acceptance of the terms, conditions, and notices contained in the Agreement, logging on or signing into the Website on
http://workplace.bevite.co and
http://bugs.bevite.com (including related URLs).
III. Account Use
You agree to indemnify and hold harmless Bevite and its directors, officers, advisors, employees or its 3rd party providers (“Associates”) against any and all liability such as claims, damages, and losses (including, but not limited to, costs such as attorneys fees) arising from any of the circumstances described in the foregoing clauses (i), (ii) or (iii). Access to the Website is by invitation only. If you have been granted access to the Website, you will be provided with an
account, including a unique user identification and password to use the Website by Bevite. Once you’ve logged onto or signed into your account on the Website, you (and/or your company) are responsible for safeguarding the security of your account. Therefore, you must protect the integrity of the Website by maintaining control of your passwords. Accordingly, Bevite is not responsible for any loss, cost, or expense of any nature arising out of or in connection with your (i) failure to secure your passwords, (ii) unauthorized use of your passwords, or (iii) unauthorized electronic transmissions conducted on the Website as a result of security breaches.
IV. Website Use
You agree that you are authorized to a) send and/or receive information on the Website, and if designated to have this authority, b) conduct electronic transmissions through the Website on behalf of a 3rd party (e.g. your company) to this Agreement, including the submission of electronic communications in accordance with all underlying legal policies governing the use of the Website. You also agree that you are responsible for all costs associated with accessing the Website and for all expenses for its use. The Website also contains content, links, and software downloadable to and from other websites. You agree the use of any downloadable software is conditioned on your agreement to the terms of the License agreement or designated Legal notice accompanying such software that are protected by intellectual property laws. Bevite does not endorse nor has control over, or liability for, any content, links, and software downloadable to and from other websites, or for products and services offered by 3rd parties in any way. Bevite reserves the right to remove any link to and/or from the Website. Framing or mirroring of any page or any information on the Website is strictly forbidden.
V. Restrictions on Website Use
You agree to comply with any restrictions contained in any Content available on or accessed on the Website. Special rules may apply to the use of certain software and other items provided on Bevite. In these cases, you must access the Content manually by request and not programmatically by macro or other automated means. In all cases, you may not disassemble, decompile, reverse engineer, redistribute, or sell Content or any other Products or Services on the Website in any manner unless prior written authorization is given. You may not use the Contents for any unlawful or commercial purpose. Except as expressly permitted with written approval by Bevite, no part of the information available from this Website may be altered, broadcasted, copied, displayed, distributed, posted, reproduced, republished, licensed, translated, and/or redistributed in any way. Nor can it be exploited, used to create derivative works, or reduced to any electronic medium or in any other manner not herein stated, in whole or in part, without the prior written approval of Bevite or its 3rd party providers. Content consisting of downloadable software may not be re-engineered in any way. You may not incorporate any Content, in whole or in part, by framing, by mirroring, or any other method into another Website. Any information distributed for commercial purposes is strictly prohibited without the prior written approval of Bevite.
DISCLAIMER: The Website contains, or may contain Products and/or Services that contain information, illustrations, images, charts, clips, graphics, links, logos, reviews, software, and other material, collectively the "Content," that are protected by copyright, trademark or other proprietary intellectual property rights, controlled and/or owned by Bevite, or their respective 3rd party licensees or owners. All Content contained on the Website is copyrighted as a collective work of Bevite pursuant to applicable intellectual property laws.
VI. Confidential Information
You agree to keep all information confidential. Confidential information may include, but is not limited to, proprietary business, financial, technical, including Product and/or Services information, of any kind. You agree all such materials accessed or obtained on the Website shall be maintained in confidence, shall treat such confidential information in accordance with the terms of this Agreement, shall use such confidential information for internal purposes only, and finally, shall not disclose such confidential information to 3rd parties. Information accessible on
http://www.bevite.co/ is not confidential, and subject to the terms governing its use defined in the
legal section of the website.
VII. Non-Confidential Information
You agree to grant to Bevite a non-exclusive, royalty-free, worldwide, perpetual license for any information you submit on the Website, such as comments, feedback, ideas, or suggestions on the Website (excluding personally identifiable information such as name, address, phone number, email address or other information as discussed in the Privacy Policy), that is be deemed to be non-confidential to use in any manner deemed acceptable. Said use may include but not limited to: advertising, development, distribution, manufacturing, marketing, and reproducing or incorporating such information in any media now known or hereafter developed. You agree that you shall have no recourse against Bevite for any alleged or actual infringement or misappropriation of any proprietary right in your communications to us.
VIII. Intellectual Property
You agree not to use intellectual property displayed on the Website that are either owned by Bevite or used by permission under license from their respective intellectual property owners without the prior written consent of Bevite and/or their respective owners. Except where indicated, all Content on the Website is protected by
copyright and trademarks laws, such as logos and/or service marks.
VIII. Content Accuracy
You agree to indemnify and hold harmless Bevite and its directors, officers, advisors, employees or its 3rd party providers against any and all liability such as claims, damages, and losses (including, but not limited to, costs such as attorneys fees) arising from the accuracy of any statement made on the Website by anyone other than authorized Bevite Associates while acting in their official capacities on the Website. In all cases, Bevite may make improvements and/or changes to any statement, and while it is highly unlikely, Bevite may cease publication of any statement at any time.
IX. Other Policies
Your use of the Website constitutes your (and if you are representing a company, your company’s) binding acceptance of the terms and conditions the following documents that are incorporated by reference in the Agreement. Unless compelled by law, or to protect the rights, property, and safety of other Members, you agree to the following policies governing the use of our Website:
Privacy Policy
Security Statement
Copyright Notice
X. Safe Harbor
You agree that we may prevent or restrict access to your account where providing such access is permitted by
Safe Harbor laws. Furthermore, we you acknowledge that we may disclose your account information, including your personal data, without offering you an opportunity to opt-out if we believe disclosure is necessary to prevent material harm, loss or required by law. You also agree that we reserve the right to transfer your account in the event we sell all or a portion of our assets to a 3rd party. In addition, you also acknowledge that we may disclose your account information with 3rd party providers that perform services on the company's behalf. Nevertheless, and in all cases, we require such services providers to either certify compliance with Safe Harbor laws, or contractually agree to provide at least the same level of security protections to safeguard your account as is required by the Safe Harbor privacy principles relevant to the business functions the service provider performs. These requirements do not apply to 3rd party providers that are subject to the
European Union Data Protection Directive 95/46 or the
Swiss Federal Data Protection Law, located in a country deemed by the European Commission to adequately safeguard account information.
XI. Limitation of Liability
You agree that under no circumstances shall Bevite and its directors, officers, advisors, employees or its 3rd party providers be liable for any consequential, direct, indirect, incidental, punitive, and/or special damages and/or losses as a result of the Website. This includes without limitation, attorneys' fees, whether in an action of contract, negligence or other tortuous action, that result from the use of, or the inability to use, any Products or Services available on the Website, even if Bevite has been advised of such damages. Neither Bevite, nor any of its directors, officers, advisors, employees or its 3rd party providers warrants the accuracy, reliability, or timeliness of any of the data provided herein. This data is provided "AS-IS" without warranty of any kind. Any entity, individual and/or business, using the Website contained herein expressly waive any claims against Bevite arising out of the use of the Website. If you are dissatisfied with any Products, Services, or with the use of the Website, including any terms and conditions contained in this Agreement, then your exclusive and sole remedy is to discontinue using the Website. If Bevite or any of its 3rd party providers are found liable in connection with a claim arising out of the use of the Website, or any related Products and/or Services, their aggregate liability in such an event shall not exceed the amount paid for said Products and/or Services giving rise to the liability occurred. Your right to monetary damages in such amount shall be in lieu of all other remedies to which you may otherwise be entitled from either Bevite or its 3rd party providers. Because some federal, state or local jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such states, the liability of Bevite, including 3rd party providers and their respective agents will be limited to the greatest extent permitted by law.
DISCLAIMER: Bevite and its 3rd party providers make no representations about the suitability of the Website, including any related Products or Services, contained on the Website for any purpose. All such Products and/or Services are provided "AS-IS," without warranty of any kind, express or implied. In the event that Bevite acts as a publisher for any Products or Services within the Website either directly or indirectly, Bevite shall have no duty to investigate the factual or other basis of the material. Bevite hereby disclaims all warranties with regard to the Website, including any related Products and/or Services, including all implied warranties of fitness or merchantability, for a particular purpose, title and non-infringement other than those warranties which are implied by and incapable of exclusion, modification, or restriction under the laws applicable to this Agreement. Bevite does not warrant that the information will be uninterrupted or error-free, or that the Website, or the server that makes it available, are free of viruses or other harmful components. Neither Bevite nor any 3rd party provider warrants that any files available for downloading through the Website will be free of viruses or similar contamination. You expressly agree that the entire risk as to the performance of the Website, including any related Products or Services, and the accuracy of all Content contained herein, is assumed solely by you. Content that has been provided on the Website should be independently verified.
XII. Modification
You agree that we reserve the right to change the Agreement at any time at its sole discretion. You are responsible for regularly reviewing these terms and conditions for any changes. Such changes, or modifications, shall be effective immediately upon posting on the Website. Continued use of the Website following any such changes shall constitute your acceptance of such modifications.
XIII. Assignment
You agree that the Agreement shall be binding upon the successors and permitted assigns of the respective parties hereto. You further agree that access and/or use of the Website, including the Agreement, are not assignable, directly or indirectly, whether by operation of law or otherwise, without the prior written consent of Bevite.
XIV. Severability
You agree that if any part of this User Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the unenforceable or invalid provision will be deemed superseded by a enforceable or valid provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.
XV. Termination
You agree that the Agreement shall remain in full force and effect even after you discontinue or Bevite terminates your access to the Website. You also agree that the terms and conditions embodied in this Agreement constitute the basis for continuing eligibility to access the Website, and that failure to comply with such terms and conditions shall allow Bevite to revoke your access and/or use of the Website and/or Agreement at any time, and that failure to comply with such terms and conditions shall allow Bevite to revoke your access and/or use of the Website and/or Agreement at its sole discretion.
XVII. Choice of Law
You agree that the laws of the State of New York, U.S.A., govern the Agreement without regard to choice of law provisions. You also consent to the exclusive jurisdiction and venue of courts in the City and County of Manhattan, U.S.A. in all disputes arising out of or relating to the use of the Website. Use of the Website is strictly unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation to this paragraph.
XVIII. Agreement
You agree that the Agreement (together with all materials referenced by hyperlink herein is the complete agreement between you and Bevite concerning use of the Website and, to the extent applicable, the conduct of electronic transmission of any kind through the Website, including any related Product and/or Services offered on the Website. A printed version of the Agreement will be admissible in administrative or judicial proceedings based upon or relating to the Agreement to the same extent and subject to the same conditions as other business documents originally generated in printed form. There are no other agreements, conditions, understandings, representations or warranties, expressed or implied, regarding the use of the Website which are not specified in the Agreement.
COPYRIGHT NOTICE
COPYRIGHT RULES
I. Copyright Rules
We respect the intellectual property of others. In accordance with the
Digital Millennium Copyright Act (DMCA) and the
21st Century Communications and Video Act (CCVA), we have adopted a policy of taking legal action against those who infringe our intellectual property rights or of others, whether or not there is any repeat infringement. All Content available on our Website is subject to worldwide intellectual property protections, and may not be cited and/or reproduced without our written consent. All other content, including brand or product names are trademarks of their respective holders.
PRIVACY DISCLAIMERM
PRIVACY GUIDELINES
We do not share personal information with third parties nor do we store any information about your visit to our Website other than to optimize your browsing experience with the use of cookies. If for any reason you feel uncomfortable with these actions, then you can opt out by clicking on the “Unsubscribe” link located in our electronic notices or disabling the use of cookies in your browser settings.
SECURITY STATEMENT
SECURITY PRACTICES
We maintain a variety of electronic safeguards to protect your information. For example, we use commercially reasonable technologies such as industry standard SSL (
Secure Sockets Layer) PCI (
DSS compliant) encryption to protect against unauthorized access to our systems. Also, your own effort to protect against unauthorized access to your computer plays an important role in protecting the security of your information while browsing our Website. For instance, you should be sure to delete your cookies when finished using a shared computer. During the course of your visit, you may also encounter links to 3rd party websites that we do not control. In these cases, we are not responsible for the privacy or security policies of these websites, and you should check those policies on such websites to ensure your information is protected.
QUESTIONS
For more information on our policies specific to any of our Products (“Products”) and Services (“Services”), please refer to the legal section on their websites. If you have further questions about our policies contained in the legal section of the Website, then please contact us
here.
Product(s): Workplace™
Website:
http://workplace.bevite.co,
http://bugs.bevite.com
Updated: July 10, 2017
Effective: July 11, 2017
©Bevite