TERMS OF SERVICE - Effective April 4th 2018
A. Definitions
We use these basic terms throughout the agreement, and they have specific meanings. You should know what we mean when we use each of the terms.
The “Agreement” refers, collectively, to all the terms, conditions, notices contained or referenced in this document (the “Terms of Service”, "Terms", or abbreviated to "TOS") and all other operating rules, policies (including the Bevy Privacy Policy) and procedures that we may publish from time to time on the Website.
“Bevy,” “We,” "Our" and “Us” refer to Bevy Inc., as well as our affiliates, directors, subsidiaries, contractors, licensors, officers, agents, and employees.
The “Service” or "Services" refers collectively to all owned chat applications, software, products, websites and services provided by Bevy Inc.
"Eventbot" is a part of the Service and includes, but is not limited to, the chat application also referred to as "the app", "the chatbot", or "the bot".
The “Website” is also part of the Service and refers to the Eventbot website located at the domain geteventbot.com. The Website includes, but is not limited to, all content, services, and products provided at or through the Website. It also refers to Bevy-owned subdomains of geteventbot.com, such as calendar.geteventbot.com and support.geteventbot.com. Occasionally, websites owned by Bevy Inc. may provide different or additional terms of service. If those additional terms conflict with this Agreement, the more specific terms apply to the relevant page or service.
A “User”, “You”, and “Your” refer to an individual person that has or is using the Service; that accesses or uses any part of the account; or that directs the use of the account in the performance of its functions. A User must be at least 18 years of age.
An "Organization" refers to a collection of Users either as a legal entity or an informal group. If you are using the Services on behalf of an Organization or entity then you are agreeing to these Terms on behalf of that Organization and you represent and warrant that you have the authority to bind the Organization to these Terms. In that case, “you” and “your” refers to you and that Organization.
An "Account" or "account" refers to the uniquely identifiable records for a given User or Organization. Users of the Service implicitly create an Account with details and content related to the Users and the Organization itself. If your Account has been created via a third-party (including, but not limited to Slack, Facebook, Twitter, Linkedin, Microsoft, Google, Discord, Atlassian) then we’ll create your Account by importing certain personal information in accordance with the privacy settings and policies of the third-party.
“Content” refers to content featured or displayed through the Service, including without limitation text, data, events, articles, images, photographs, graphics, software, applications, designs, features, and other materials that are available through the Service. "Content" also includes Services. “User-Generated Content” is Content, written or otherwise, created or uploaded by our Users. "Your Content" is Content that you create.
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms, including operating rules, procedures, and best practices. These Terms apply to all visitors, employees, representatives, consultants, contractors or agents who are authorized to use the Service for your benefit and others who just access the Service. Please read them carefully before using the Service.
Updates to Services and Terms.
The Services may continue to change over time as we refine and add more features. We may stop, suspend, or modify the Services at any time without prior notice to you. We may also remove any content from our Services at our discretion.
Bevy Inc. reserves the right to update or change these Terms at any time by posting the most current version of the Terms on the Site. Bevy Inc. will provide notice of changes to the Terms by posting the new Terms on the Site with a new Date shown. All such changes in the Terms shall be effective from the Effective Date set when it is posted on the Site. Your continued use of the Service after we post any changes to the Terms signifies your agreement to any such changes. If you do not agree to such changes, you must discontinue using the Service by explictly terminating your Account.
In addition, some services offered through the Service may be subject to additional terms and conditions specified by Bevy Inc. from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference. These Terms apply to all Users of the Service, including, without limitation, Users who are contributors of content, information, and other materials or services on the Site, individual Users of the Service, Organizations and Accounts that access the Service.
To the extent that Bevy Inc. enters into a separate, signed agreement with you relating to your use of the Service (a “Signed Service Agreement”), and the terms of the Signed Service Agreement differ from these Terms of Use, then the terms of the Signed Agreement shall prevail.
Electronic Form.
By accessing the Site or using the Service, you consent to have this Agreement provided to you in electronic form. You have the right to receive this Agreement in non-electronic form. To receive a non-electronic copy of this Agreement, please contact us online or send a letter and self-addressed stamped envelope to: Request for Copy of Terms of Use Agreement, Bevy Inc. c/o THE COMPANY CORPORATION, 251 LITTLE FALLS DRIVE, WILMINGTON, DE 19808.
Access.
Subject to these Terms, Bevy Inc. may offer to provide the Service, as described more fully on the Site and as selected by you, solely for your own use, and not for the use or benefit of any third party. Service shall include, but not be limited to, any services Bevy Inc. performs for you, any services or widgets offered by Bevy Inc. that you download from the Site or, subject to the terms set out under the "Links" section below or from third party service stores (e.g., iTunes® store, Slack App Directory, or Google Apps Marketplace) authorized by Bevy Inc., as well as the offering of any materials displayed or performed on or through the Service (including Content as defined below).
Eligibility.
You represent and warrant that if you are an individual, you are of legal age to form a binding contract (at least 18 years of age), or that if you are registering on behalf of an entity, that you are authorized to enter into, and bind the entity to, these Terms of Use and register for the Service. Bevy Inc. may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Use are in compliance with all laws, rules and regulations applicable to you and the right to access the Service is revoked where these Terms of Use or use of the Service is prohibited and, in such circumstances, you agree not to use or access the Site or Services in any way.
Registration and Your Information.
It’s important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information, as needed, to keep it accurate, complete and up-to-date. If you don’t, we might have to suspend or terminate your Account. You agree that you won’t disclose your Account details to anyone and you’ll notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether or not you know about them.
Use of the Service.
This Site and the Service are provided and intended for your use in accordance with these Terms of Use. You agree that you will not (i) copy, display or distribute any part of the Site or the Service, in any medium, without Bevy Inc. prior written consent, (ii) use the Service in whole or part, for any commercial purpose, or (iii) use the Service in violation of these Terms of Use, the Privacy Policy, or any law or regulation.
You further agree that you will not use any device to catalog, download, store or otherwise reproduce, store or distribute content available on the Site or through the Service, or to manipulate the Site or the Service, or otherwise exceed the limited access granted to you by Bevy Inc.. You will take no action to interfere with, interrupt, destroy or limit the functionality of the Site or any computer software or hardware.
You will not distribute or transmit any content or software or other computer files that contain a computer virus or other harmful component. You shall not (directly or indirectly) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service (including without limitation any application or widget), except to the limited extent applicable laws specifically prohibit such restriction.
You shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Service, including without limitation any User Content, that:
- you know is false, misleading, untruthful or inaccurate; is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, promotes bigotry, discrimination or violence, or is otherwise inappropriate as determined by Bevy Inc. in its sole discretion;
- constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming");
- impersonates any person or entity, including any employee or representative of Bevy Inc.;
- or includes anyone’s identification documents or sensitive financial information
YOU UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF CONTENT AND MATERIALS AVAILABLE THROUGH THE SITE AND SERVICE IS AT YOUR OWN RISK AND ACCEPT THAT ANY MATERIAL CONTAINED THEREON MAY BE OFFENSIVE TO YOU. SHOULD YOU FIND THE MATERIAL IN THE SERVICE OFFENSIVE OR NOT MEETING YOUR NEEDS, YOUR SOLE REMEDY IS TO CANCEL YOUR ACCOUNT.
Bevy Inc. reserves the right to refuse registration of an Account in its sole discretion. You are solely responsible and liable for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your Account. You may not use another user’s account without such other user’s prior express permission. You will immediately notify Bevy Inc. in writing of any unauthorized use of your account, or other account related security breach of which you are aware.
Content.
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. Bevy Inc. cannot guarantee the authenticity of any Content or data which users may provide about themselves.
You acknowledge that all Content accessed by you using the Service is at your own risk and you will be solely responsible and liable for any damage or loss to you or any other party resulting therefrom. For purposes of these Terms, the term "Content" includes, without limitation, any location information, testimonials, comments, calendar or event information, data, text, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible by Bevy Inc. on or through the Service. Content added, created, uploaded, submitted, distributed, or posted to the Service by users is collectively referred to as, "User Content." Bevy uses a number of third-party providers to deliver the Service to Users. Adherence to the Terms of Service and Privacy Policy from these third party providers is a requirement for usage of the Site or consumption of it's content.
User Content.
By submitting content in any form to the Site, for instance, in the form of a location information, testimonials, comments, pictures, calendar or event information, data, text or pictures ("Content"), subject to the exclusions below, you grant to Bevy Inc. and its licensees and successors in business a perpetual, worldwide, sublicensable, transferable, royalty-free, fully-paid and non-exclusive license to reproduce, publish, perform, distribute, modify, edit, display, adapt, create derivative works from and market and promote the User Content (at Bevy Inc.’s sole discretion) for any commercial purposes, and in any medium now existing or hereinafter developed, and to use your name, likeness and any personal information you submit with the User Content without your prior approval or the payment of any compensation.
Excluded from the foregoing license is a User's personal calendar data, explicitly marked as private, and intended to be confidential. Bevy shall only use such data to provide the Service to a particular User. For the avoidance of doubt, Bevy Inc. shall only use private calendar information provided or imported by a User for the sole purpose of providing the Service to that User, and Bevy Inc. shall not share, distribute, publish, post or otherwise provide a User’s private calendar information to any third party unless authorized by the User as necessary to provide the Service.
By submitting, transmitting, posting or uploading any User Content to this Site, you represent and warrant that:
(i) you are solely responsible for the User Content that you provide
(ii) you own or otherwise have the right to grant the license set forth above with respect to such User Content
(iii) such User Content does not violate the privacy rights, publicity rights, copyrights, intellectual property rights, confidentiality rights, contract rights or any other rights of any person
(iv) such User Content is not libelous, abusive, obscene, or otherwise in violation of applicable local, federal, or international laws and regulations
(v) you agree to pay any and all royalties, fees, and any other monies owing any person arising in connection with such User Content appearing on this Site.
You acknowledge and understand that User Content, including any information and content you provide or post to or through the Service, may be stored in, hosted by, or accessed through a cloud computing environment which may also include data and information gathered from other various sources. You acknowledge that Bevy Inc. may or may not pre-screen User Content, but that Bevy Inc. and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any User Content that is available via the Service.
Without limiting the foregoing, Bevy Inc. and its designees shall have the right to remove any User Content that violates these Terms of Use or is otherwise objectionable in Bevy Inc.’s sole discretion. You agree that you must evaluate, and bear all risks associated with, the use of any User Content, including any reliance on the accuracy, completeness, or usefulness of such User Content. Bevy Inc. cannot guarantee the authenticity of any User Content or data which user may provide about themselves. In this regard, you acknowledge that you will not rely on any User Content submitted to Bevy Inc., including without limitation information in the Service.
DMCA
We will respond to notices of alleged copyright infringement if they comply with the law and are properly provided to us. Such notices should be reported to [email protected] and undergo our DMCA Process. We reserve the right to delete or disable User Content alleged to be infringing and to terminate the Account of repeat infringers.
Feedback
We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at [email protected] You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
Publicity
You agree that we may use your company name and/or logo in public or private communications with our existing or potential customers for the purpose of marketing and reference. You hereby grant to Bevy Inc. a non-exclusive, worldwide, royalty-free license to use your company name and/or logo for this purpose. We will abide by your wishes, however, if you notify us via email ([email protected]) that you would prefer we not use your company name and/or logo.
Content and Proprietary Information.
The Service contains trademarks, trade names, logos, and other marks belonging to Bevy Inc. ("Bevy Inc. Marks"), along with Content specifically provided by Bevy Inc. or its partners, and such Bevy Inc. Marks and Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, as applicable. Bevy Inc. owns a copyright in the selection, coordination, arrangement and enhancement of the Content and such other content on the Site and a copyright in the Site. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Service.
All other trademarks appearing on this Site ("Third Party Marks") are trademarks of their respective owners. Users are prohibited from using any Bevy Inc. Marks and Third Party Marks without the written permission of Bevy Inc. or such third party. You may not copy, publish, transmit, distribute, perform, sell, create derivative works of, or in any way exploit, any of the Bevy Inc. Marks, in whole or in part, without Bevy Inc.’s prior written consent.
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Site or Service. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. You may download content solely for your personal, non-commercial use only as provided in these Terms of Use, provided that you keep intact all copyright and other proprietary notices. Copying or storing of content for other than personal use is expressly prohibited without prior permission from us or the copyright holder identified in the copyright notice contained in the content. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial (whether or not for profit) use or in any way that violates any third party right.
No License Granted.
Except for allowing you to use the Site and Service for your personal use as set forth in the paragraph above, when you use the Site or Service, you are not receiving a license or any other rights from us, including intellectual property or other proprietary rights of Bevy Inc.. You understand that you have no rights to the Service, the Bevy Inc. Marks or any other Bevy Inc. property except as we indicate in these Terms of Use.
Use of Feedback.
To operate the Service, we welcome feedback, comments and suggestions (referred to as “Feedback”). Feedback can be submitted in electronic forms including, but not limited to, email, Twitter, Slack messaging, text messages, and phone calls as well as non-electronic forms including but not limited to personal conversations, talks, examples. You acknowledge and agree: (i) Feedback does not contain confidential or proprietary information; (ii) Bevy is not under any obligation of confidentiality, express or implied, with respect to any Feedback; (iii) Bevy shall be entitled to use or disclose (or choose not to use or disclose) such Feedback for any purpose, in any way; (iv) Bevy may already have under consideration or in development ideas similar to or the same as such Feedback; (v) Bevy shall be entitled to utilize all Feedback in any way without restriction or obligation to you; (vi) Without limiting these rights, you hereby grant Bevy a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose. (vii) you are not entitled to any accounting, compensation or reimbursement of any kind from Bevy under any circumstances.
Notice of Procedure for Making a Claim of Copyright Infringement.
If you believe that any content or User Content in the Service constitutes work that is owned by you or a third party, and is displayed on the Site or through the Service without proper authorization, please send the following information to the attention of the Copyright Agent noted below:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on this Site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
In writing: Bevy Inc. c/o THE COMPANY CORPORATION, 251 LITTLE FALLS DRIVE, WILMINGTON, DE 19808.
By email: [email protected]
Communications from Bevy Inc.
By using the Service you will receive online communications from Bevy Inc.. You may also receive electronic communications from Bevy Inc. by just providing your email address and not registering. In either case, to unsubscribe from any Bevy Inc. email list, simply click on the "Unsubscribe" link at the bottom of the email and your name will be removed from that mailing list. To see how we use your personal information, please refer to our Privacy Policy.
Links.
You may be able to access other websites or resources through links on the Site, or access the Site through links provided on other websites or resources. The inclusion of any such links does not imply endorsement by Bevy Inc. or any association with its operators. Because Bevy Inc. has no control over such sites and resources, you acknowledge and agree Bevy Inc. is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials or available from such sites or resources. You further acknowledge and agree that Bevy Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Indemnity/Release.
You understand that you are personally responsible for your behavior using the Service and agree to indemnify and hold Bevy Inc., and its, parent, affiliates, subsidiaries, business partners, and their respective officers, directors, employees, and agents, harmless from and against any loss, damage, liability, cost, or expense of any kind (including attorneys’ fees) that such parties may incur arising out of or related to your use or misuse of, or access to, the Site, Service, or User Content, or otherwise from your User Content, or your violation of either these Terms of Use, applicable law or the rights of any third party. You are solely responsible for your own interactions with other Users accessed through the Site or Service.
To the extent permitted under applicable laws, you hereby release Bevy Inc. from any and all claims or liability related to any User Content, any action by other Users, including the User's failure to comply with applicable law and/or failure to abide by the Service Terms of Use and any conduct or speech, whether online or offline, of any other User.
Special notice for Users in the state of California:
In connection with the foregoing release, you hereby waive California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You are also welcome to contact us via email ([email protected])
Disclaimer of Warranties.
YOU UNDERSTAND THAT YOUR USE OF THE SERVICE (INCLUDING ANY DOWNLOADS OR ANY LOSS OF DATA OR OTHER DAMAGE TO YOUR COMPUTER SYSTEM YOU EXPERIENCE FROM USING THE SITE AND THE SERVICE) IS AT YOUR SOLE RISK. YOU UNDERSTAND THAT THE SITE AND THE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT INCLUDED IN OR ACCESSIBLE FROM THE SITE OR SERVICE, ARE PROVIDED ON AN "AS IS" "WHERE-IS" AND "WHERE AVAILABLE" BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT Bevy Inc. HAS NO CONTROL OVER, AND NO DUTY TO TAKE ANY ACTION REGARDING: WHICH USES GAIN ACCESS TO THE SERVICE; WHAT CONTENT YOU ACCESS VIA THE SERVICE; WHAT EFFECTS THE CONTENT MAY HAVE ON YOU; HOW YOU MAY INTERPRET OR USE THE CONTENT; OR WHAT ACTIONS YOU MAY TAKE AS A RESULT OF HAVING BEEN EXPOSED TO THE CONTENT. YOU ACKNOWLEDGE THAT Bevy Inc. MAKES NO WARRANTY THAT THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. YOU UNDERSTAND THAT Bevy Inc. DOES NOT WARRANT THAT THE RESULTS OBTAINED FROM YOUR USE OF THE SITE OR SERVICE WILL MEET YOUR EXPECTATIONS. NO WARRANTY OF ANY KIND, WHETHER ORAL OR WRITTEN, CAN MODIFY THE TERMS OF THE DISCLAIMER SET FORTH IN THIS DOCUMENT. YOUR USE AND BROWSING OF THE SITE IS AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH ANY OF THE MATERIALS CONTAINED IN THE SITE OR SERVICE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, Bevy Inc. DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE SITE AND SERVICE AND ALL INFORMATION, PRODUCTS, AND OTHER CONTENT INCLUDED IN OR ACCESSIBLE FROM THE SITE AND SERVICE.
The Service is designed to work with multiple third party service providers ("Third Party Services"), but we may not have control over how our Service integrates from time to time with such services, and we do not control the operation of those services. Accordingly, you acknowledge and agree that (i) we are not responsible for the performance of such Third Party Services or other third party services we may reference or provide links to, including, without limitation, their use or treatment of your data therein; (ii) we are not responsible or liable for any content or other materials generated by such services or applications; (iii) we are not responsible for any technical inability to access Account data in such services via our Service; and (iv) we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such services or applications. Please ensure you have read and understand the applicable terms of service and privacy policy for each other service. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or services.
Liability Limitation.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Bevy Inc., ITS PARENT, SUBSIDIARIES, OR ITS AFFILIATES BE LIABLE TO YOU (OR ANY THIRD PARTY MAKING CLAIMS THROUGH YOU) FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, DATA, OR OTHER INTANGIBLES, UNAUTHORIZED ACCESS TO AND TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS, ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE, OR NON-PERFORMANCE OF THE SITE OR THE SERVICE, EVEN IF Bevy Inc. HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE. UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. Bevy Inc.’S LICENSORS AND CONTRACTORS ARE INTENDED THIRD-PARTY BENEFICIARIES OF THESE DISCLAIMERS. IF ANY PART OF THESE WARRANTY DISCLAIMERS OR LIMITATIONS OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN Bevy Inc.’S AGGREGATE LIABILITY FOR ALL CLAIMS UNDER SUCH CIRCUMSTANCES FOR LIABILITIES SHALL NOT EXCEED THE AMOUNT YOU HAVE PAID TO DISCO FOR USE OF THE SERVICE DURING THE THEN-CURRENT OR MOST RECENT SUBSCRIPTION TERM OR IF UNPAID THEN TWELVE DOLLARS ($12).
NOTHING IN THESE TERMS OF USE SHALL BE DEEMED TO EXCLUDE OR LIMIT YOUR LIABILITY IN RESPECT OF ANY INDEMNITY GIVEN BY YOU UNDER THESE TERMS OF USE.
Commercial Terms.
We're glad that you're considering purchasing a paid subscription to Eventbot, here are a few important details that govern transactions.
Paid Subscriptions.
Paid subscriptions are available for purchase, resulting in additional benefits and responsibilities for both parties. Our pricing is available on the Website and may be subject to a variety of promotions, discounts, coupons or other factors. If you agree to a subscription price, that will remain your price for the duration of the payment term; however, prices are subject to change (see Price Changes section).
Authorization.
By agreeing to these Terms, you (as an Organization) are giving us permission to generate a billable transaction your credit card, Stripe account, or other approved methods of payment. You are responsible for providing us with a valid means of payment for paid accounts. Non-paid accounts are not required to provide payment information. To process payment for your subscription, you agree that we have permission to retain and/or share with financial institutions and payment processing firms information regarding your purchase and your submitted payment information in order to process your payment, and to use your Account information to provide you with notices and disclosures relating to renewals and recurring charges.
Renewals, Upgrades and Downgrades.
For monthly or yearly payment plans, the Service is renewed and billed IN ADVANCE of usage on a monthly or yearly basis respectively and is non-refundable. All subscriptions automatically renew (without the need to go through the Service-interface “check-out” or execute a renewal Order Form) for an additional period equal to the preceding term; and (ii) subject to any price increase (see Price Changes below). You may notify us of your desire to not automatically renew by providing us with at least thirty (30) days’ notice prior to the end of the subscription term to stop the subscription from automatically renewing (see Cancelling a paid subscription below).
We will immediately bill you when you upgrade to any paying plan. If you change from a monthly billing plan to a yearly billing plan, Bevy Inc. will bill you for a full year at the next monthly billing date. If you upgrade to a higher level of service, we will bill you for the upgraded plan immediately. You may change your level of service at any time by choosing a plan option or going into your Billing settings. If you choose to downgrade your account, you may lose access to Content, Service features, or capacity of your Account.
Price Changes.
We may change the price of the Service at any time, potentially lowering or increasing fees for certain features or change how payments are calculated. If you purchase a subscription at a higher price than is currently offered (including prices impacted by discounts or promotions), you are NOT entitled to the lower price. Any increase in charges for the same Service would not apply until the expiration of your then current subscription term, unless otherwise specifically provided in our notice to you, and would become effective no sooner than the next time you would be charged for that Service. Bevy Inc. will provide you with 30 days minimum notice of changes in recurring subscription fees. If you do not agree to pay the new price or other applicable charges, you may elect not to renew the paid subscription before the price change goes into effect, upon which cancellation would be automatically go into effect at the expiration of your then current subscription term.
Cancelling a paid subscription.
It is your responsibility to properly cancel your Account and you may do so at any time. To be clear, cancelling a paid subscription changes the Service provided - it DOES NOT delete (or otherwise remove) the Account. By default, Accounts that cancel their paid subscription will default to a non-paid Service level. We are not obligated to cancel accounts in response to an email or phone request. Except as otherwise provided in these Terms, any cancellation of the Service will be effective as of the end of the then-current subscription term. If you desire to cancel your subscription for the Service, you must notify us email ([email protected]) and demonstrating to our satisfaction that the individual requesting cancellation is authorized to cancel the subscription for the Account. We will cancel or downgrade the Service if we are satisfied the individual has the legal authority to act and be legally responsible for such Account. Please note, we will not delete contributions made to shared Content.
Upon request, we will make a reasonable effort to provide an account owner with a copy of your lawful, non-infringing account contents after account cancellation, termination, or downgrade. You must make this request within 90 days of cancellation, termination, or downgrade.
Failure to pay.
We may cancel any Service subscription you have purchased if you fail to pay the applicable subscription fee and any applicable Taxes in full and in a timely manner according to these Terms or any agreement with a payment processor. A failure to pay occurs in any situation where Bevy has not received timely payment, including where any credit card issuer or payer bank refuses to transmit the funds that are then due, or the payment processor you have contracted with notifies us of your failure to pay. We may, in our discretion, elect not to cancel a Service subscription immediately for non-payment, in which case you will continue to be responsible for the fees due for the duration of the applicable subscription. In addition, if you fail to pay for a Service, we may elect to suspend your rights to use that Service or we may change the type of Service you have to a non-paid Service level, if applicable. We will endeavor to provide you notice promptly after any failure to make a payment to us in full and on time, but we are not obligated to do so.
Refunds.
Payment obligations cannot be cancelled once initiated. Unless expressly stated, all payments made are non-refundable. There will be no refunds or credits for partial months of service, downgrade refunds, or refunds for months unused with an open account; however, the Service will remain active for the length of the paid billing period. In order to treat everyone equally, no exceptions will be made. If Bevy does provide you with a credit for any reason, such credit will have no monetary or exchange value, and will not be transferable or refundable. If credit is provided with an expiration date, it must be applied towards Service before the expiration date passes and have no value after such date.
Taxes.
You are responsible for all fees and taxes associated with your use of the Service, including but not limited to levies, duties, or similar governmental assessments of any nature, including, for example, value-added, sales, use, or withholding taxes, assessable by any jurisdiction. You will be responsible for paying all Taxes associated with your subscription, except for those taxes based on our net income.
Fees.
Bevy Inc is not responsible for any third-party fees you incur in connection with using the Service including, without limitation, fees charged by your Internet access provider, any wireless carrier charges for cellular or data services and any other Third Party Service with which you may use the Service; you are responsible for selecting and managing these other services, and paying the fees for such services. If you dispute the matter, contact Support ([email protected]).
You are responsible for any reasonable costs incurred to collect unpaid or past due payments, including reasonable attorneys' fees and other associated costs. Past due payments will incur an additional 1% per month interest or the highest rate permitted under applicable law, starting from the payment due date until paid in full. If a payment is reversed or otherwise cancelled, you acknowledge and agree to Bevy's right to suspend access to the Service until full reimbursement is made.
Payment terms.
Payments made via credit card and are due immediately via a payment processor. Payments via invoice are only available when expressly agreed to in writing. If we agree to invoice your Account, full payment must be received within thirty (30) days from the invoice date.
Termination.
You understand and agree that your usage of the Service is subject to and conditioned upon your continued adherence to and compliance with these Terms and any future modifications thereto and applicable law. We can suspend or terminate your Account and your access to the Site or use of the Service, in whole or in part, at any time, immediately and without notice if, at Bevy Inc.’s sole discretion, you fail to comply with any of these Terms of Use. Termination of your Account will result in revocation of all rights of access and use of the Service granted to Users and cancelled Users may be denied access to the Service or re-enrollment as Users. Such termination may result in the forfeiture and destruction of all information associated with your account.
Cases of suspected abuse, fraud, or breach of these Terms of Use shall be in Bevy Inc.’s sole discretion. Any decision Bevy Inc. makes relating to termination or suspension of any Account shall be final and binding. You understand and agree that we may terminate, modify, discontinue or abandon the Site or Service with or without notice to you and that we will not be liable to you or any third party as a result of such termination, modification, discontinuance or abandonment.
If we learn of any User under the age of 18, we will terminate that User’s account immediately. If you are a resident of a country outside the United States, your country’s minimum age may be older; in such a case, you are responsible for complying with your country’s laws.
In the event of Account suspension or termination, you are no longer authorized to access the Service, and the restrictions imposed on you with respect to any materials downloaded from the Service and the disclaimers and limitations of liabilities set forth in the Terms of Use shall survive.
If this Agreement is terminated or suspended for any reason, the provisions titled Proprietary Rights, No License Granted, Indemnity/Release, Disclaimer of Warranties, Liability Limitation, Access To Service, Termination, Privacy, Governing Law/Disputes/Class Action Waiver and Miscellaneous shall survive any such termination.
Privacy.
The privacy and data security practices and policies of this Site are governed by our Privacy Policy found at https://geteventbot.com/about/privacy which is incorporated herein by reference.
No Third Party Beneficiaries.
You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
Governing Law/Disputes/Class Action Waiver.
These Terms of Use are governed by, and will be interpreted in accordance with, the laws of the State of California, without regard to any choice of law provisions. You agree that, with the exception of injunctive relief sought by Bevy Inc. for any violation of Bevy Inc.’s proprietary or other rights, any and all disputes relating to these Terms of Use or Privacy Policy, or your use of the Site or the Service shall be resolved by arbitration in accordance with the then-current rules of the American Arbitration Association (the "AAA") before an independent arbitrator designated by the AAA. The location of arbitration shall be Santa Clara CA, USA.
Arbitration shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. The arbitrator’s authority to resolve and make written awards is limited to claims between you and us alone. Claims may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration.
U.S. Government Accounts.
This Section applies to an Account if the Organization is a United States government or public entity (or use of the Service is for the United States government).
The Service is a “commercial item,” as defined at 48 C.F.R. §2.101, and constitutes “commercial computer software” and “commercial computer software documentation,” as used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202 to §227.7204. This commercial computer software and related documentation is provided to end users for use, by and on behalf of the United States government, with only those rights as are granted to all other end users pursuant to the terms and conditions herein.
The sections in the Terms starting with the captions “Renewal,” “Indemnity,” and “Governing Law” and are hereby waived to the extent they are inconsistent with federal law.
We agree that the Organization’s seals, trademarks, logos, service marks, trade names, and the fact that Organization uses our Service, will not be used by us in such a manner as to state or imply that our products or services are endorsed, sponsored or recommended by Organization or by any other element of the United States government, or are considered by Organization or the United States government to be superior to any other products or services. Except where Organization has provided any design or content into the Service, or for links to or promotion of such pages, we agree not to display any Organization or government seals, trademarks, logos, service marks, and trade names on our homepage or elsewhere on one of our hosted sites unless permission to do so has been granted by Organization or by other relevant federal government authority. We may list Organization’s name in a publicly available customer list so long as the name is not displayed in a more prominent fashion than that of any other Organization.
State or Local Government Accounts.
This Section applies to an Account if the Organization is a state or local government, but only to the extent the Service is being used in the User’s official capacity as a state or local government official. The sections in the Terms starting with the captions “Renewal,” “Indemnity,” and “Governing Law” will not apply to the Organization ONLY to the extent the Organization jurisdiction’s laws prohibit the Organization from accepting the requirements in those sections.
Bevy Inc. IS NOT a Government Contractor
Notwithstanding any provision in these Applicable Customer Terms to the contrary, Bevy shall not be considered a government contractor for any federal, state, local, or foreign government.
Miscellaneous.
These Terms of Use and policies incorporated herein, are the entire agreement between you and Bevy Inc.. They supersede any and all prior or contemporaneous agreements between you and Bevy Inc. relating to your use of the Site or the Service. If any part of these Terms of Use is determined to be invalid or unenforceable, it will not impact any other provision of these Terms of Use, all of which will remain in full force and effect. The failure of Bevy Inc. to partially or fully exercise any rights or the waiver of Bevy Inc. of any breach of these Terms of Use by you, shall not prevent a subsequent exercise of such right by Bevy Inc. or be deemed a waiver by Bevy Inc. of any subsequent breach by you of the same or any other term of these Terms of Use. The rights and remedies of Bevy Inc. under these Terms of Use and any other applicable agreement between you and Bevy Inc. shall be cumulative, and the exercise of any such right or remedy shall not limit Bevy Inc.’s right to exercise any other right or remedy.
Bevy Inc. shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Bevy Inc.’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). These Terms of Use are personal to you, and are not assignable, transferable or sublicensable by you except with Bevy Inc.’s prior written consent. Bevy Inc. may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Use and neither party has any authority of any kind to bind the other in any respect.
Contact. You may contact Bevy Inc. at the following mailing address: Bevy Inc. c/o THE COMPANY CORPORATION, 251 LITTLE FALLS DRIVE, WILMINGTON, DE 19808.
Copyright ©2017, Bevy Inc., Inc. All rights reserved.
A. Definitions
We use these basic terms throughout the agreement, and they have specific meanings. You should know what we mean when we use each of the terms.
The “Agreement” refers, collectively, to all the terms, conditions, notices contained or referenced in this document (the “Terms of Service”, "Terms", or abbreviated to "TOS") and all other operating rules, policies (including the Bevy Privacy Policy) and procedures that we may publish from time to time on the Website.
“Bevy,” “We,” "Our" and “Us” refer to Bevy Inc., as well as our affiliates, directors, subsidiaries, contractors, licensors, officers, agents, and employees.
The “Service” or "Services" refers collectively to all owned chat applications, software, products, websites and services provided by Bevy Inc.
"Eventbot" is a part of the Service and includes, but is not limited to, the chat application also referred to as "the app", "the chatbot", or "the bot".
The “Website” is also part of the Service and refers to the Eventbot website located at the domain geteventbot.com. The Website includes, but is not limited to, all content, services, and products provided at or through the Website. It also refers to Bevy-owned subdomains of geteventbot.com, such as calendar.geteventbot.com and support.geteventbot.com. Occasionally, websites owned by Bevy Inc. may provide different or additional terms of service. If those additional terms conflict with this Agreement, the more specific terms apply to the relevant page or service.
A “User”, “You”, and “Your” refer to an individual person that has or is using the Service; that accesses or uses any part of the account; or that directs the use of the account in the performance of its functions. A User must be at least 18 years of age.
An "Organization" refers to a collection of Users either as a legal entity or an informal group. If you are using the Services on behalf of an Organization or entity then you are agreeing to these Terms on behalf of that Organization and you represent and warrant that you have the authority to bind the Organization to these Terms. In that case, “you” and “your” refers to you and that Organization.
An "Account" or "account" refers to the uniquely identifiable records for a given User or Organization. Users of the Service implicitly create an Account with details and content related to the Users and the Organization itself. If your Account has been created via a third-party (including, but not limited to Slack, Facebook, Twitter, Linkedin, Microsoft, Google, Discord, Atlassian) then we’ll create your Account by importing certain personal information in accordance with the privacy settings and policies of the third-party.
“Content” refers to content featured or displayed through the Service, including without limitation text, data, events, articles, images, photographs, graphics, software, applications, designs, features, and other materials that are available through the Service. "Content" also includes Services. “User-Generated Content” is Content, written or otherwise, created or uploaded by our Users. "Your Content" is Content that you create.
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms, including operating rules, procedures, and best practices. These Terms apply to all visitors, employees, representatives, consultants, contractors or agents who are authorized to use the Service for your benefit and others who just access the Service. Please read them carefully before using the Service.
Updates to Services and Terms.
The Services may continue to change over time as we refine and add more features. We may stop, suspend, or modify the Services at any time without prior notice to you. We may also remove any content from our Services at our discretion.
Bevy Inc. reserves the right to update or change these Terms at any time by posting the most current version of the Terms on the Site. Bevy Inc. will provide notice of changes to the Terms by posting the new Terms on the Site with a new Date shown. All such changes in the Terms shall be effective from the Effective Date set when it is posted on the Site. Your continued use of the Service after we post any changes to the Terms signifies your agreement to any such changes. If you do not agree to such changes, you must discontinue using the Service by explictly terminating your Account.
In addition, some services offered through the Service may be subject to additional terms and conditions specified by Bevy Inc. from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference. These Terms apply to all Users of the Service, including, without limitation, Users who are contributors of content, information, and other materials or services on the Site, individual Users of the Service, Organizations and Accounts that access the Service.
To the extent that Bevy Inc. enters into a separate, signed agreement with you relating to your use of the Service (a “Signed Service Agreement”), and the terms of the Signed Service Agreement differ from these Terms of Use, then the terms of the Signed Agreement shall prevail.
Electronic Form.
By accessing the Site or using the Service, you consent to have this Agreement provided to you in electronic form. You have the right to receive this Agreement in non-electronic form. To receive a non-electronic copy of this Agreement, please contact us online or send a letter and self-addressed stamped envelope to: Request for Copy of Terms of Use Agreement, Bevy Inc. c/o THE COMPANY CORPORATION, 251 LITTLE FALLS DRIVE, WILMINGTON, DE 19808.
Access.
Subject to these Terms, Bevy Inc. may offer to provide the Service, as described more fully on the Site and as selected by you, solely for your own use, and not for the use or benefit of any third party. Service shall include, but not be limited to, any services Bevy Inc. performs for you, any services or widgets offered by Bevy Inc. that you download from the Site or, subject to the terms set out under the "Links" section below or from third party service stores (e.g., iTunes® store, Slack App Directory, or Google Apps Marketplace) authorized by Bevy Inc., as well as the offering of any materials displayed or performed on or through the Service (including Content as defined below).
Eligibility.
You represent and warrant that if you are an individual, you are of legal age to form a binding contract (at least 18 years of age), or that if you are registering on behalf of an entity, that you are authorized to enter into, and bind the entity to, these Terms of Use and register for the Service. Bevy Inc. may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Use are in compliance with all laws, rules and regulations applicable to you and the right to access the Service is revoked where these Terms of Use or use of the Service is prohibited and, in such circumstances, you agree not to use or access the Site or Services in any way.
Registration and Your Information.
It’s important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information, as needed, to keep it accurate, complete and up-to-date. If you don’t, we might have to suspend or terminate your Account. You agree that you won’t disclose your Account details to anyone and you’ll notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether or not you know about them.
Use of the Service.
This Site and the Service are provided and intended for your use in accordance with these Terms of Use. You agree that you will not (i) copy, display or distribute any part of the Site or the Service, in any medium, without Bevy Inc. prior written consent, (ii) use the Service in whole or part, for any commercial purpose, or (iii) use the Service in violation of these Terms of Use, the Privacy Policy, or any law or regulation.
You further agree that you will not use any device to catalog, download, store or otherwise reproduce, store or distribute content available on the Site or through the Service, or to manipulate the Site or the Service, or otherwise exceed the limited access granted to you by Bevy Inc.. You will take no action to interfere with, interrupt, destroy or limit the functionality of the Site or any computer software or hardware.
You will not distribute or transmit any content or software or other computer files that contain a computer virus or other harmful component. You shall not (directly or indirectly) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service (including without limitation any application or widget), except to the limited extent applicable laws specifically prohibit such restriction.
You shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Service, including without limitation any User Content, that:
- you know is false, misleading, untruthful or inaccurate; is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, promotes bigotry, discrimination or violence, or is otherwise inappropriate as determined by Bevy Inc. in its sole discretion;
- constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming");
- impersonates any person or entity, including any employee or representative of Bevy Inc.;
- or includes anyone’s identification documents or sensitive financial information
YOU UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF CONTENT AND MATERIALS AVAILABLE THROUGH THE SITE AND SERVICE IS AT YOUR OWN RISK AND ACCEPT THAT ANY MATERIAL CONTAINED THEREON MAY BE OFFENSIVE TO YOU. SHOULD YOU FIND THE MATERIAL IN THE SERVICE OFFENSIVE OR NOT MEETING YOUR NEEDS, YOUR SOLE REMEDY IS TO CANCEL YOUR ACCOUNT.
Bevy Inc. reserves the right to refuse registration of an Account in its sole discretion. You are solely responsible and liable for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your Account. You may not use another user’s account without such other user’s prior express permission. You will immediately notify Bevy Inc. in writing of any unauthorized use of your account, or other account related security breach of which you are aware.
Content.
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. Bevy Inc. cannot guarantee the authenticity of any Content or data which users may provide about themselves.
You acknowledge that all Content accessed by you using the Service is at your own risk and you will be solely responsible and liable for any damage or loss to you or any other party resulting therefrom. For purposes of these Terms, the term "Content" includes, without limitation, any location information, testimonials, comments, calendar or event information, data, text, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible by Bevy Inc. on or through the Service. Content added, created, uploaded, submitted, distributed, or posted to the Service by users is collectively referred to as, "User Content." Bevy uses a number of third-party providers to deliver the Service to Users. Adherence to the Terms of Service and Privacy Policy from these third party providers is a requirement for usage of the Site or consumption of it's content.
User Content.
By submitting content in any form to the Site, for instance, in the form of a location information, testimonials, comments, pictures, calendar or event information, data, text or pictures ("Content"), subject to the exclusions below, you grant to Bevy Inc. and its licensees and successors in business a perpetual, worldwide, sublicensable, transferable, royalty-free, fully-paid and non-exclusive license to reproduce, publish, perform, distribute, modify, edit, display, adapt, create derivative works from and market and promote the User Content (at Bevy Inc.’s sole discretion) for any commercial purposes, and in any medium now existing or hereinafter developed, and to use your name, likeness and any personal information you submit with the User Content without your prior approval or the payment of any compensation.
Excluded from the foregoing license is a User's personal calendar data, explicitly marked as private, and intended to be confidential. Bevy shall only use such data to provide the Service to a particular User. For the avoidance of doubt, Bevy Inc. shall only use private calendar information provided or imported by a User for the sole purpose of providing the Service to that User, and Bevy Inc. shall not share, distribute, publish, post or otherwise provide a User’s private calendar information to any third party unless authorized by the User as necessary to provide the Service.
By submitting, transmitting, posting or uploading any User Content to this Site, you represent and warrant that:
(i) you are solely responsible for the User Content that you provide
(ii) you own or otherwise have the right to grant the license set forth above with respect to such User Content
(iii) such User Content does not violate the privacy rights, publicity rights, copyrights, intellectual property rights, confidentiality rights, contract rights or any other rights of any person
(iv) such User Content is not libelous, abusive, obscene, or otherwise in violation of applicable local, federal, or international laws and regulations
(v) you agree to pay any and all royalties, fees, and any other monies owing any person arising in connection with such User Content appearing on this Site.
You acknowledge and understand that User Content, including any information and content you provide or post to or through the Service, may be stored in, hosted by, or accessed through a cloud computing environment which may also include data and information gathered from other various sources. You acknowledge that Bevy Inc. may or may not pre-screen User Content, but that Bevy Inc. and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any User Content that is available via the Service.
Without limiting the foregoing, Bevy Inc. and its designees shall have the right to remove any User Content that violates these Terms of Use or is otherwise objectionable in Bevy Inc.’s sole discretion. You agree that you must evaluate, and bear all risks associated with, the use of any User Content, including any reliance on the accuracy, completeness, or usefulness of such User Content. Bevy Inc. cannot guarantee the authenticity of any User Content or data which user may provide about themselves. In this regard, you acknowledge that you will not rely on any User Content submitted to Bevy Inc., including without limitation information in the Service.
DMCA
We will respond to notices of alleged copyright infringement if they comply with the law and are properly provided to us. Such notices should be reported to [email protected] and undergo our DMCA Process. We reserve the right to delete or disable User Content alleged to be infringing and to terminate the Account of repeat infringers.
Feedback
We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at [email protected] You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
Publicity
You agree that we may use your company name and/or logo in public or private communications with our existing or potential customers for the purpose of marketing and reference. You hereby grant to Bevy Inc. a non-exclusive, worldwide, royalty-free license to use your company name and/or logo for this purpose. We will abide by your wishes, however, if you notify us via email ([email protected]) that you would prefer we not use your company name and/or logo.
Content and Proprietary Information.
The Service contains trademarks, trade names, logos, and other marks belonging to Bevy Inc. ("Bevy Inc. Marks"), along with Content specifically provided by Bevy Inc. or its partners, and such Bevy Inc. Marks and Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, as applicable. Bevy Inc. owns a copyright in the selection, coordination, arrangement and enhancement of the Content and such other content on the Site and a copyright in the Site. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Service.
All other trademarks appearing on this Site ("Third Party Marks") are trademarks of their respective owners. Users are prohibited from using any Bevy Inc. Marks and Third Party Marks without the written permission of Bevy Inc. or such third party. You may not copy, publish, transmit, distribute, perform, sell, create derivative works of, or in any way exploit, any of the Bevy Inc. Marks, in whole or in part, without Bevy Inc.’s prior written consent.
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Site or Service. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. You may download content solely for your personal, non-commercial use only as provided in these Terms of Use, provided that you keep intact all copyright and other proprietary notices. Copying or storing of content for other than personal use is expressly prohibited without prior permission from us or the copyright holder identified in the copyright notice contained in the content. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial (whether or not for profit) use or in any way that violates any third party right.
No License Granted.
Except for allowing you to use the Site and Service for your personal use as set forth in the paragraph above, when you use the Site or Service, you are not receiving a license or any other rights from us, including intellectual property or other proprietary rights of Bevy Inc.. You understand that you have no rights to the Service, the Bevy Inc. Marks or any other Bevy Inc. property except as we indicate in these Terms of Use.
Use of Feedback.
To operate the Service, we welcome feedback, comments and suggestions (referred to as “Feedback”). Feedback can be submitted in electronic forms including, but not limited to, email, Twitter, Slack messaging, text messages, and phone calls as well as non-electronic forms including but not limited to personal conversations, talks, examples. You acknowledge and agree: (i) Feedback does not contain confidential or proprietary information; (ii) Bevy is not under any obligation of confidentiality, express or implied, with respect to any Feedback; (iii) Bevy shall be entitled to use or disclose (or choose not to use or disclose) such Feedback for any purpose, in any way; (iv) Bevy may already have under consideration or in development ideas similar to or the same as such Feedback; (v) Bevy shall be entitled to utilize all Feedback in any way without restriction or obligation to you; (vi) Without limiting these rights, you hereby grant Bevy a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose. (vii) you are not entitled to any accounting, compensation or reimbursement of any kind from Bevy under any circumstances.
Notice of Procedure for Making a Claim of Copyright Infringement.
If you believe that any content or User Content in the Service constitutes work that is owned by you or a third party, and is displayed on the Site or through the Service without proper authorization, please send the following information to the attention of the Copyright Agent noted below:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on this Site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
In writing: Bevy Inc. c/o THE COMPANY CORPORATION, 251 LITTLE FALLS DRIVE, WILMINGTON, DE 19808.
By email: [email protected]
Communications from Bevy Inc.
By using the Service you will receive online communications from Bevy Inc.. You may also receive electronic communications from Bevy Inc. by just providing your email address and not registering. In either case, to unsubscribe from any Bevy Inc. email list, simply click on the "Unsubscribe" link at the bottom of the email and your name will be removed from that mailing list. To see how we use your personal information, please refer to our Privacy Policy.
Links.
You may be able to access other websites or resources through links on the Site, or access the Site through links provided on other websites or resources. The inclusion of any such links does not imply endorsement by Bevy Inc. or any association with its operators. Because Bevy Inc. has no control over such sites and resources, you acknowledge and agree Bevy Inc. is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials or available from such sites or resources. You further acknowledge and agree that Bevy Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Indemnity/Release.
You understand that you are personally responsible for your behavior using the Service and agree to indemnify and hold Bevy Inc., and its, parent, affiliates, subsidiaries, business partners, and their respective officers, directors, employees, and agents, harmless from and against any loss, damage, liability, cost, or expense of any kind (including attorneys’ fees) that such parties may incur arising out of or related to your use or misuse of, or access to, the Site, Service, or User Content, or otherwise from your User Content, or your violation of either these Terms of Use, applicable law or the rights of any third party. You are solely responsible for your own interactions with other Users accessed through the Site or Service.
To the extent permitted under applicable laws, you hereby release Bevy Inc. from any and all claims or liability related to any User Content, any action by other Users, including the User's failure to comply with applicable law and/or failure to abide by the Service Terms of Use and any conduct or speech, whether online or offline, of any other User.
Special notice for Users in the state of California:
In connection with the foregoing release, you hereby waive California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You are also welcome to contact us via email ([email protected])
Disclaimer of Warranties.
YOU UNDERSTAND THAT YOUR USE OF THE SERVICE (INCLUDING ANY DOWNLOADS OR ANY LOSS OF DATA OR OTHER DAMAGE TO YOUR COMPUTER SYSTEM YOU EXPERIENCE FROM USING THE SITE AND THE SERVICE) IS AT YOUR SOLE RISK. YOU UNDERSTAND THAT THE SITE AND THE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT INCLUDED IN OR ACCESSIBLE FROM THE SITE OR SERVICE, ARE PROVIDED ON AN "AS IS" "WHERE-IS" AND "WHERE AVAILABLE" BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT Bevy Inc. HAS NO CONTROL OVER, AND NO DUTY TO TAKE ANY ACTION REGARDING: WHICH USES GAIN ACCESS TO THE SERVICE; WHAT CONTENT YOU ACCESS VIA THE SERVICE; WHAT EFFECTS THE CONTENT MAY HAVE ON YOU; HOW YOU MAY INTERPRET OR USE THE CONTENT; OR WHAT ACTIONS YOU MAY TAKE AS A RESULT OF HAVING BEEN EXPOSED TO THE CONTENT. YOU ACKNOWLEDGE THAT Bevy Inc. MAKES NO WARRANTY THAT THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. YOU UNDERSTAND THAT Bevy Inc. DOES NOT WARRANT THAT THE RESULTS OBTAINED FROM YOUR USE OF THE SITE OR SERVICE WILL MEET YOUR EXPECTATIONS. NO WARRANTY OF ANY KIND, WHETHER ORAL OR WRITTEN, CAN MODIFY THE TERMS OF THE DISCLAIMER SET FORTH IN THIS DOCUMENT. YOUR USE AND BROWSING OF THE SITE IS AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH ANY OF THE MATERIALS CONTAINED IN THE SITE OR SERVICE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, Bevy Inc. DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE SITE AND SERVICE AND ALL INFORMATION, PRODUCTS, AND OTHER CONTENT INCLUDED IN OR ACCESSIBLE FROM THE SITE AND SERVICE.
The Service is designed to work with multiple third party service providers ("Third Party Services"), but we may not have control over how our Service integrates from time to time with such services, and we do not control the operation of those services. Accordingly, you acknowledge and agree that (i) we are not responsible for the performance of such Third Party Services or other third party services we may reference or provide links to, including, without limitation, their use or treatment of your data therein; (ii) we are not responsible or liable for any content or other materials generated by such services or applications; (iii) we are not responsible for any technical inability to access Account data in such services via our Service; and (iv) we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such services or applications. Please ensure you have read and understand the applicable terms of service and privacy policy for each other service. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or services.
Liability Limitation.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Bevy Inc., ITS PARENT, SUBSIDIARIES, OR ITS AFFILIATES BE LIABLE TO YOU (OR ANY THIRD PARTY MAKING CLAIMS THROUGH YOU) FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, DATA, OR OTHER INTANGIBLES, UNAUTHORIZED ACCESS TO AND TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS, ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE, OR NON-PERFORMANCE OF THE SITE OR THE SERVICE, EVEN IF Bevy Inc. HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE. UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. Bevy Inc.’S LICENSORS AND CONTRACTORS ARE INTENDED THIRD-PARTY BENEFICIARIES OF THESE DISCLAIMERS. IF ANY PART OF THESE WARRANTY DISCLAIMERS OR LIMITATIONS OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN Bevy Inc.’S AGGREGATE LIABILITY FOR ALL CLAIMS UNDER SUCH CIRCUMSTANCES FOR LIABILITIES SHALL NOT EXCEED THE AMOUNT YOU HAVE PAID TO DISCO FOR USE OF THE SERVICE DURING THE THEN-CURRENT OR MOST RECENT SUBSCRIPTION TERM OR IF UNPAID THEN TWELVE DOLLARS ($12).
NOTHING IN THESE TERMS OF USE SHALL BE DEEMED TO EXCLUDE OR LIMIT YOUR LIABILITY IN RESPECT OF ANY INDEMNITY GIVEN BY YOU UNDER THESE TERMS OF USE.
Commercial Terms.
We're glad that you're considering purchasing a paid subscription to Eventbot, here are a few important details that govern transactions.
Paid Subscriptions.
Paid subscriptions are available for purchase, resulting in additional benefits and responsibilities for both parties. Our pricing is available on the Website and may be subject to a variety of promotions, discounts, coupons or other factors. If you agree to a subscription price, that will remain your price for the duration of the payment term; however, prices are subject to change (see Price Changes section).
Authorization.
By agreeing to these Terms, you (as an Organization) are giving us permission to generate a billable transaction your credit card, Stripe account, or other approved methods of payment. You are responsible for providing us with a valid means of payment for paid accounts. Non-paid accounts are not required to provide payment information. To process payment for your subscription, you agree that we have permission to retain and/or share with financial institutions and payment processing firms information regarding your purchase and your submitted payment information in order to process your payment, and to use your Account information to provide you with notices and disclosures relating to renewals and recurring charges.
Renewals, Upgrades and Downgrades.
For monthly or yearly payment plans, the Service is renewed and billed IN ADVANCE of usage on a monthly or yearly basis respectively and is non-refundable. All subscriptions automatically renew (without the need to go through the Service-interface “check-out” or execute a renewal Order Form) for an additional period equal to the preceding term; and (ii) subject to any price increase (see Price Changes below). You may notify us of your desire to not automatically renew by providing us with at least thirty (30) days’ notice prior to the end of the subscription term to stop the subscription from automatically renewing (see Cancelling a paid subscription below).
We will immediately bill you when you upgrade to any paying plan. If you change from a monthly billing plan to a yearly billing plan, Bevy Inc. will bill you for a full year at the next monthly billing date. If you upgrade to a higher level of service, we will bill you for the upgraded plan immediately. You may change your level of service at any time by choosing a plan option or going into your Billing settings. If you choose to downgrade your account, you may lose access to Content, Service features, or capacity of your Account.
Price Changes.
We may change the price of the Service at any time, potentially lowering or increasing fees for certain features or change how payments are calculated. If you purchase a subscription at a higher price than is currently offered (including prices impacted by discounts or promotions), you are NOT entitled to the lower price. Any increase in charges for the same Service would not apply until the expiration of your then current subscription term, unless otherwise specifically provided in our notice to you, and would become effective no sooner than the next time you would be charged for that Service. Bevy Inc. will provide you with 30 days minimum notice of changes in recurring subscription fees. If you do not agree to pay the new price or other applicable charges, you may elect not to renew the paid subscription before the price change goes into effect, upon which cancellation would be automatically go into effect at the expiration of your then current subscription term.
Cancelling a paid subscription.
It is your responsibility to properly cancel your Account and you may do so at any time. To be clear, cancelling a paid subscription changes the Service provided - it DOES NOT delete (or otherwise remove) the Account. By default, Accounts that cancel their paid subscription will default to a non-paid Service level. We are not obligated to cancel accounts in response to an email or phone request. Except as otherwise provided in these Terms, any cancellation of the Service will be effective as of the end of the then-current subscription term. If you desire to cancel your subscription for the Service, you must notify us email ([email protected]) and demonstrating to our satisfaction that the individual requesting cancellation is authorized to cancel the subscription for the Account. We will cancel or downgrade the Service if we are satisfied the individual has the legal authority to act and be legally responsible for such Account. Please note, we will not delete contributions made to shared Content.
Upon request, we will make a reasonable effort to provide an account owner with a copy of your lawful, non-infringing account contents after account cancellation, termination, or downgrade. You must make this request within 90 days of cancellation, termination, or downgrade.
Failure to pay.
We may cancel any Service subscription you have purchased if you fail to pay the applicable subscription fee and any applicable Taxes in full and in a timely manner according to these Terms or any agreement with a payment processor. A failure to pay occurs in any situation where Bevy has not received timely payment, including where any credit card issuer or payer bank refuses to transmit the funds that are then due, or the payment processor you have contracted with notifies us of your failure to pay. We may, in our discretion, elect not to cancel a Service subscription immediately for non-payment, in which case you will continue to be responsible for the fees due for the duration of the applicable subscription. In addition, if you fail to pay for a Service, we may elect to suspend your rights to use that Service or we may change the type of Service you have to a non-paid Service level, if applicable. We will endeavor to provide you notice promptly after any failure to make a payment to us in full and on time, but we are not obligated to do so.
Refunds.
Payment obligations cannot be cancelled once initiated. Unless expressly stated, all payments made are non-refundable. There will be no refunds or credits for partial months of service, downgrade refunds, or refunds for months unused with an open account; however, the Service will remain active for the length of the paid billing period. In order to treat everyone equally, no exceptions will be made. If Bevy does provide you with a credit for any reason, such credit will have no monetary or exchange value, and will not be transferable or refundable. If credit is provided with an expiration date, it must be applied towards Service before the expiration date passes and have no value after such date.
Taxes.
You are responsible for all fees and taxes associated with your use of the Service, including but not limited to levies, duties, or similar governmental assessments of any nature, including, for example, value-added, sales, use, or withholding taxes, assessable by any jurisdiction. You will be responsible for paying all Taxes associated with your subscription, except for those taxes based on our net income.
Fees.
Bevy Inc is not responsible for any third-party fees you incur in connection with using the Service including, without limitation, fees charged by your Internet access provider, any wireless carrier charges for cellular or data services and any other Third Party Service with which you may use the Service; you are responsible for selecting and managing these other services, and paying the fees for such services. If you dispute the matter, contact Support ([email protected]).
You are responsible for any reasonable costs incurred to collect unpaid or past due payments, including reasonable attorneys' fees and other associated costs. Past due payments will incur an additional 1% per month interest or the highest rate permitted under applicable law, starting from the payment due date until paid in full. If a payment is reversed or otherwise cancelled, you acknowledge and agree to Bevy's right to suspend access to the Service until full reimbursement is made.
Payment terms.
Payments made via credit card and are due immediately via a payment processor. Payments via invoice are only available when expressly agreed to in writing. If we agree to invoice your Account, full payment must be received within thirty (30) days from the invoice date.
Termination.
You understand and agree that your usage of the Service is subject to and conditioned upon your continued adherence to and compliance with these Terms and any future modifications thereto and applicable law. We can suspend or terminate your Account and your access to the Site or use of the Service, in whole or in part, at any time, immediately and without notice if, at Bevy Inc.’s sole discretion, you fail to comply with any of these Terms of Use. Termination of your Account will result in revocation of all rights of access and use of the Service granted to Users and cancelled Users may be denied access to the Service or re-enrollment as Users. Such termination may result in the forfeiture and destruction of all information associated with your account.
Cases of suspected abuse, fraud, or breach of these Terms of Use shall be in Bevy Inc.’s sole discretion. Any decision Bevy Inc. makes relating to termination or suspension of any Account shall be final and binding. You understand and agree that we may terminate, modify, discontinue or abandon the Site or Service with or without notice to you and that we will not be liable to you or any third party as a result of such termination, modification, discontinuance or abandonment.
If we learn of any User under the age of 18, we will terminate that User’s account immediately. If you are a resident of a country outside the United States, your country’s minimum age may be older; in such a case, you are responsible for complying with your country’s laws.
In the event of Account suspension or termination, you are no longer authorized to access the Service, and the restrictions imposed on you with respect to any materials downloaded from the Service and the disclaimers and limitations of liabilities set forth in the Terms of Use shall survive.
If this Agreement is terminated or suspended for any reason, the provisions titled Proprietary Rights, No License Granted, Indemnity/Release, Disclaimer of Warranties, Liability Limitation, Access To Service, Termination, Privacy, Governing Law/Disputes/Class Action Waiver and Miscellaneous shall survive any such termination.
Privacy.
The privacy and data security practices and policies of this Site are governed by our Privacy Policy found at https://geteventbot.com/about/privacy which is incorporated herein by reference.
No Third Party Beneficiaries.
You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
Governing Law/Disputes/Class Action Waiver.
These Terms of Use are governed by, and will be interpreted in accordance with, the laws of the State of California, without regard to any choice of law provisions. You agree that, with the exception of injunctive relief sought by Bevy Inc. for any violation of Bevy Inc.’s proprietary or other rights, any and all disputes relating to these Terms of Use or Privacy Policy, or your use of the Site or the Service shall be resolved by arbitration in accordance with the then-current rules of the American Arbitration Association (the "AAA") before an independent arbitrator designated by the AAA. The location of arbitration shall be Santa Clara CA, USA.
Arbitration shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. The arbitrator’s authority to resolve and make written awards is limited to claims between you and us alone. Claims may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration.
U.S. Government Accounts.
This Section applies to an Account if the Organization is a United States government or public entity (or use of the Service is for the United States government).
The Service is a “commercial item,” as defined at 48 C.F.R. §2.101, and constitutes “commercial computer software” and “commercial computer software documentation,” as used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202 to §227.7204. This commercial computer software and related documentation is provided to end users for use, by and on behalf of the United States government, with only those rights as are granted to all other end users pursuant to the terms and conditions herein.
The sections in the Terms starting with the captions “Renewal,” “Indemnity,” and “Governing Law” and are hereby waived to the extent they are inconsistent with federal law.
We agree that the Organization’s seals, trademarks, logos, service marks, trade names, and the fact that Organization uses our Service, will not be used by us in such a manner as to state or imply that our products or services are endorsed, sponsored or recommended by Organization or by any other element of the United States government, or are considered by Organization or the United States government to be superior to any other products or services. Except where Organization has provided any design or content into the Service, or for links to or promotion of such pages, we agree not to display any Organization or government seals, trademarks, logos, service marks, and trade names on our homepage or elsewhere on one of our hosted sites unless permission to do so has been granted by Organization or by other relevant federal government authority. We may list Organization’s name in a publicly available customer list so long as the name is not displayed in a more prominent fashion than that of any other Organization.
State or Local Government Accounts.
This Section applies to an Account if the Organization is a state or local government, but only to the extent the Service is being used in the User’s official capacity as a state or local government official. The sections in the Terms starting with the captions “Renewal,” “Indemnity,” and “Governing Law” will not apply to the Organization ONLY to the extent the Organization jurisdiction’s laws prohibit the Organization from accepting the requirements in those sections.
Bevy Inc. IS NOT a Government Contractor
Notwithstanding any provision in these Applicable Customer Terms to the contrary, Bevy shall not be considered a government contractor for any federal, state, local, or foreign government.
Miscellaneous.
These Terms of Use and policies incorporated herein, are the entire agreement between you and Bevy Inc.. They supersede any and all prior or contemporaneous agreements between you and Bevy Inc. relating to your use of the Site or the Service. If any part of these Terms of Use is determined to be invalid or unenforceable, it will not impact any other provision of these Terms of Use, all of which will remain in full force and effect. The failure of Bevy Inc. to partially or fully exercise any rights or the waiver of Bevy Inc. of any breach of these Terms of Use by you, shall not prevent a subsequent exercise of such right by Bevy Inc. or be deemed a waiver by Bevy Inc. of any subsequent breach by you of the same or any other term of these Terms of Use. The rights and remedies of Bevy Inc. under these Terms of Use and any other applicable agreement between you and Bevy Inc. shall be cumulative, and the exercise of any such right or remedy shall not limit Bevy Inc.’s right to exercise any other right or remedy.
Bevy Inc. shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Bevy Inc.’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). These Terms of Use are personal to you, and are not assignable, transferable or sublicensable by you except with Bevy Inc.’s prior written consent. Bevy Inc. may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Use and neither party has any authority of any kind to bind the other in any respect.
Contact. You may contact Bevy Inc. at the following mailing address: Bevy Inc. c/o THE COMPANY CORPORATION, 251 LITTLE FALLS DRIVE, WILMINGTON, DE 19808.
Copyright ©2017, Bevy Inc., Inc. All rights reserved.