Defend your employees from aggressive recruiters with Privacy Bee: Poach Defense!

Last Updated: May 5th, 2020

Privacy Bee, LLC (“Privacy Bee”, “we”, “us”, or “our”) is committed to protecting your (“you”, “your”, or “Customer”) privacy and empowering you with this privacy policy (this “Privacy Policy”). This Privacy Policy explains how we collect, use, disclose, and apply the information collected when you use or access our online website (website URL) (the “Site”) and to any other related services provided by us (collectively, the “Services”). The [SHORT COMPANY NAME] terms of service (the “Terms of Service”) are expressly incorporated herein by reference and are an integral part hereof. The Terms of Service can be found here: https://privacybee.com/terms-of-service. By using the Services, or interacting with us, you are agreeing to this Privacy Policy. If you do not agree with the terms of this Privacy Policy, do not access or use the Services.

1. Changes to this Notice.

We may change this Privacy Policy from time to time. In the event we make changes, we will notify you by revising the “Last Updated” date at the top of this Privacy Policy. If there are significant changes to this Privacy Policy, we will attempt to notify you directly by email or provide information via our home page prior to changes becoming effective. We encourage you to review our Privacy Policy whenever you use Services to stay informed of ways you can protect your privacy.

2. Information We Collect and Receive.

We collect information about you from various sources and methods, including through the use of the following:

1. Information You Provide to Us. When you interact with the Services, we collect information that you provide to us. For example, our Services may require you to provides us with your name; postal address(es) (street number, city, state, zip code, country); e-mail address; telephone number; payment information (e.g., credit card number); and any other identifier by which someone could identify you as a specific, identifiable individual (which we will refer to in this Privacy Policy collectively as “Personal Information”). We refer collectively to all information we collect that is not Personal Information, including Usage Data (as defined below), demographic data, and de-identified and/or aggregated Personal Information as “Non-Personal Information”. We may use Non-Personal Information for any business purpose. If we combine Non-Personal Information with Personal Information, we will treat the combined information as Personal Information under this Privacy Policy.
2. Information We Automatically Collect. We receive and store certain types of information automatically, such as whenever you interact with the Services. This information helps us address customer support issues, improve the performance of the Services, provide you with a streamlined and personalized experience, and protect your account from fraud by detecting unauthorized access. Information collected automatically includes:
   • Usage Data: We collect information about your activity through our Services.
   • Device and Connection Information: We may analyze information about your computer, phone, tablet, or other devices you use to access the Services. This device information includes your connection type and settings when you install, access, update, or use our Services. We analyze information through your device about your operating system, anonymized IP address, device info & identifiers, in-app events, and crash data. We may use your IP address in order to approximate your location to provide you with a better Service experience.
   • Log Information: We also collect log information when you use our website, such as: details about how you’ve used our services; device information, such as your web browser type and language; access times; pages viewed; IP address; identifiers associated with cookies or other technologies that may uniquely identify your device or browser; and pages you visited before or after navigating to our website.
   • Cookies and Other Technologies: Like most online services, we use cookies and similar technologies that allow us and third parties to obtain information about your visits to our Services, including analyzing your usage patterns, identify a returning visitor, and URLs of referring/exit pages. Although you are not required to accept cookies when you visit our website, you may be unable to use all of the functionality of our website if your browser restricts our cookies. In addition to cookies, we may use other similar technologies, like web beacons to track users of the Services. Web beacons, or “clear gifs,” are tiny graphics with a unique identifier, similar in function to cookies. They are used to track the online movements of web users.

3. How We Use Your Information.

Below are the specific purposes for which we use the information we collect about you.

• To provide, update, maintain and protect our Services, Websites and business. We use information about you to provide the Services to you, authenticate you when you log in, provide customer support, and operate and maintain the Services.
• To protect our legitimate business interests and legal rights. Where required by law or where we believe it is necessary to protect our legal rights, interests and the interests of others, we may use information about you in connection with legal claims, compliance, regulatory functions, and disclosures in connection with the acquisition, merger or sale of a business.
• To communicate with you by responding to your requests, comments and questions. If you contact us, we may use your information to respond.
• To develop and provide additional features.
• To send emails and other communications. We may send you service, technical and other administrative emails, messages, and other types of communications. We may also contact you to inform you about changes in our Services, our Services offerings, and important Services-related notices, such as security and fraud notices. In addition, we may send emails about new product features, promotional communications or other news about us. You may opt out of these messages at any time.
• For billing, account management and other administrative matters. We may need to contact you for invoicing, account management, and similar reasons and we use account data to administer accounts and keep track of billing and payments.
• To investigate and help prevent security issues and abuse.

4. How We Share and Disclose Your Information.

This section describes how we may share and disclose information.

• Your Instructions. We will solely share and disclose your information in accordance with your instructions, including any applicable terms in the Terms of Services and in compliance with applicable law and legal process.
• Third Party Service Providers and Partners. We work with third-party service providers to provide for usage analytics, hosting and backend infrastructure, infrastructure monitoring, customer support and other services, which may require them to access or use information about you.
• Corporate Affiliates. We may share information with our corporate affiliates, parents and/or subsidiaries.
• During a Change to Our Business. If we engage in a merger, acquisition, bankruptcy, dissolution, reorganization, sale of some or all of our assets or stock, financing, public offering of securities, acquisition of all or a portion of our business, a similar transaction or proceeding, or steps in contemplation of such activities, some or all information may be shared or transferred, subject to standard confidentiality arrangements.
• To Comply with Laws. If we receive a request for information, we may disclose information if we reasonably believe disclosure is in accordance with or required by any applicable law, regulation, or legal process.
• To enforce our rights, prevent fraud, and for safety. To protect and defend our rights, property, or safety or that of third parties, including enforcing contracts or policies, or in connection with investigating and preventing fraud or security issues.
• With Your Consent.

5. Your Access and Choices.

We strive to provide you with choices regarding the Personal Information you provide to us. If we make it available to you, you may review and change your Personal Information by logging into your account and changing the settings in the Services. You may also send us an e-mail at [email protected] to request access to, correct or delete any Personal Information that you have provided to us. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

6. Your California Privacy Rights.

1. This section provides additional details about the Personal Information we collect about California consumers and the rights afforded to them under the California Consumer Privacy Act or “CCPA”. When we say “Personal Information” in this Section, we mean information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with you. Personal Information does not include information that is aggregated or information that cannot be reasonably linked to you.
2. For more details about the personal information we have collected over the last 12 months, including the categories of sources, please see Section 3 “How We Use Your Information” above. We collect this information for the business and commercial purposes described in Section 4 “How We Share and Disclose Your Information” above. We share this information with the categories of third parties described in Section 4 “How We Share and Disclose Your Information” above. We do not sell (as such term is defined in the CCPA) the Personal Information we collect (and will not sell it without providing a right to opt out). Please note that we do use third-party cookies for our advertising purposes as further described in Section 4 “How We Share and Disclose Your Information” above.
3. Subject to certain limitations, the CCPA provides California consumers the right to request to know more details about the categories or specific pieces of personal information we collect (including how we use and disclose this information), to delete their personal information, to opt out of any “sales” that may be occurring, and to not be discriminated against for exercising these rights.
4. California consumers may make a request pursuant to their rights under the CCPA by contacting us at [email protected]. We will verify your request using the information associated with your account, including email address. Government identification may be required. Consumers can also designate an authorized agent to exercise these rights on their behalf.

7. Data Processing.

By accessing or using the Services or otherwise providing information to us, you consent to the processing and transfer of information in and to the U.S. and other countries and territories, which may have different privacy laws from your country of residence.

8. Information Retention.

We will retain information your information for as long as you utilize the Services, as required to comply with privacy requests, to manage active accounts, as required by law, in order to resolve disputes or to enforce our agreements. We may also retain copies of your information for disaster recovery purposes.

9. Change of Control.

We also reserve the right to transfer information about you to a successor organization if, we transfer the ownership or operation of one of our websites to another organization or if we merge with another organization. If such a transfer occurs, we will use reasonable efforts to direct the transferee to use personal information you have provided to us in a manner consistent with this policy. Following such a sale or transfer, you may contact the entity to which we transferred your personal information with any inquiries concerning the processing of that information.

10. Security.

We take security seriously and has implemented administrative, physical, and technological measures to protect your information from unauthorized access, loss, misuse, disclosure, alteration and destruction. If you wish to report a security concern or if you have a question around security, please submit your inquiry to [email protected].

11. Do Not Track.

While some internet browsers offer a “do not track” or “DNT” option that lets you tell websites that you do not want to have your online activities tracked, these features are not yet uniform and there is no common standard that has been adopted by industry groups, technology companies or regulators. Therefore, we do not currently commit to responding to browsers’ DNT signals with respect to our websites.

13. Links to Third Party Websites.

We may make available certain products or services to you through the Services (including via links to third party tools). When you click on a link to a third-party website from our website, your activity and use on the linked website is governed by that website’s policies, not by us. We encourage you to visit their websites and review their privacy and user policies.

14. Google API Disclosure

Privacy Bee’s use and transfer to any other app of information received from Google APIs will adhere to Google API Services User Data Policy, including the Limited Use requirements.

15. Children’s Privacy.

We are committed to protecting children’s privacy and to follow the laws, regulations and guidelines in regard to children’s privacy. We do not knowingly accept or solicit personally identifiable information from a user known to be under the age of thirteen (13). If you have concerns regarding children’s privacy, please contact us at [email protected].

16. Contact Us.

If you have any questions or concerns about our Privacy Policy, please contact us via email at [email protected].

Last Modified: May 5th, 2020

These Terms of Service and any terms expressly incorporated herein (these “Terms”) apply to any access to, or use of, any services made available by Privacy Bee, LLC (“Privacy Bee”, “we”, “us”, or “our”) using the website https://privacybee.com (the “Site”) and the Product Offerings, as further described in Section 2.1 below, provided by us (collectively, the “Services”). The terms “you”, “your”, and “yourself” refer to the individual user of the Services. Throughout these Terms, you and Privacy Bee may each be referred to as a “Party” or collectively, the “Parties”.

BY CLICKING THE “ACCEPT” BUTTON, BY CHECKING THE APPROPRIATE BOX TO ACCEPT THESE TERMS, OR BY ACCESSING THE SERVICES, YOU: (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS; (B) REPRESENT THAT YOU ARE OF SOUND MIND AND OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT (18 YEARS OF AGE OR OLDER); AND (C) ACCEPT AND AGREE TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS OF THESE TERMS.

IF YOU DO NOT AGREE TO THIS AGREEMENT, DO NOT CLICK THE “ACCEPT” BUTTON OR CHECK ANY BOX TO ACCEPT IT, AND DO NOT ACCESS OR USE THE SERVICES.

1. Modification to These Terms.

We may modify these Terms by providing notice of such changes, such as by sending you an email, providing notice through the Services, or updating the “Last Updated” date at the top of these Terms. By clicking on an “I Agree” button or checkbox presented with the modified Terms, or by continuing to access or use of the Services, you confirm your agreement to the modified Terms. If you do not agree to any modification to these Terms, you must stop using the Services. We encourage you to frequently review the Terms to ensure you understand the terms and conditions that apply to your access to, and use of, the Services. If you have any question regarding the use of the Site or Services, please contact us in accordance with Section 14.

2. Services.

2.1 General. We have developed the Services to assist individuals who are California residents, as defined in Section 17014 of Title 18 of the California Code of Regulations (“Consumers”) exercise their rights proscribed to them under the California Consumer Privacy Act, Cal. Civ. Code § 1798.100 et seq., and its implementing regulations (the “CCPA”). Specifically, Consumers may use us as their authorized agent to exercise their rights to (i) request to delete personal information we collected from you; and/or (ii) request to opt-out of sales of personal information, from a specific organization at our sole choosing (the “Product Offerings”). You acknowledge and agree that in order to carry out the Services, we may require that you provide us with notarized documents necessary to prove your identity, proof that you have authorized us to act on your behalf, or any other information required for the purpose of fulfilling your request to exercise the rights given to you under the CCPA. You acknowledge and agree that we provide no guarantee of results, and that the we attempt to exercise your rights on your behalf may not succeed for many reasons, including, but not limited to, the denial of necessary power of attorney rights to the Company. Further, you agree and acknowledge that any authorization or Power of Attorney granted to us to fulfill one or more of the Product Offerings shall be considered fulfilled and terminated, with respect to any specific organization, upon our submission of the necessary documents as required by the CCPA to the specific organization of our choosing. We reserve the right to withdraw from representation, to cancel or annul the Power of Attorney, or any authorizations related thereto, at any time, for any reason, and at our sole discretion. You understand that we will not receive any implied authorizations, responsibilities, or agree to any representations unless specifically agreed to in an executed instrument expressly indicating an engagement between you and our Company.

2.2 Restricted Locations. You may not use the Services if you are not a Consumer. We retain the right to request additional information from you to verify your status as a Consumer and further controls to restrict your access to the Services if you are not a Consumer. You acknowledge and agree that you will comply with this Section 2.2, even if our methods to prevent your use of the Services are not effective or can be bypassed.

2.3 No Legal Representation. We do not offer legal representation, nor do we offer any legal advice, legal opinions, recommendations, referrals, or counseling. The information provided by us along with the content on our Services related to legal matters is provided for your private use and does not constitute legal advice. We do not review any information you provide us for legal accuracy or sufficiency, draw legal conclusions, provide opinions about your selection of forms, or apply the law to the facts of your situation. If you need legal advice for a specific problem, you should consult with a licensed attorney. As we are not a law firm, please note that any communications between you and us may not be protected under the attorney-client privilege doctrine. To the extent we undertake limited authority as your authorized agent, our authority does not extend beyond the limited scope necessary for the fulfillment of the Services. Furthermore, we do not agree to any auxiliary, tangential, secondary, related, consequential, either direct or indirect, obligations, authorizations, or representations (“Related Work”), as they may stem from the fulfilment of the Services – nor is it our obligation to disclose, advise, or otherwise inform you of any required Related Work that you must fulfill, regardless of your legal obligation to fulfill the Related Work in order to maintain compliance with any laws related thereto, even if the origination of the requisite compliance stems from the Services provided to you by us. Furthermore, we do not maintain, and hereby expressly withdraw from, any ongoing representation and related obligations to you beyond the termination of our relationship in accordance with these Terms. You further agree and acknowledge that this Limited Power of Attorney will terminate automatically upon any legal actions taken by me, the Company, my authorized agent, or any third party (e.g., an organization to which a submission under the CCPA is being made) associated with the purpose with this Limited Power of Attorney.

3. Account.

3.1 Account Activation. In order to use the Services, you must create and maintain an account through the Services (an “Account”). To create or maintain your Account, you will be required to provide us with certain information and documentation, including, as applicable, the information and documentation associated with identity verification and other screening procedures described in Section 2.2 (collectively referred to herein as the “documentation”). You will: (a) create a unique password; (b) provide complete and accurate information; (c) promptly update any information you have provided to us so that the information is complete and accurate at all times; (d) maintain the security of your Account by protecting your password from unauthorized access or use; (e) promptly notify us if you discover or suspect any unauthorized access or use of your Account or any security breaches related to your Account; and (f) be responsible for all activities that occur under your Account, and accept all risks of any authorized or unauthorized access to your Account.

3.2 Account Responsibility. You are responsible for keeping your Account and your password secure. You agree to notify us immediately of any unauthorized access to or use of your Account, username, or password or any other breach of security. You also agree to ensure that you exit from your Account at the end of each session. You should use particular caution when accessing your Account so as not to provide third parties with your Account credentials. We will not be liable for any loss that you incur as a result of someone else accessing and using your Account, either with or without your knowledge.

3.3 Number of Accounts. You agree that you will not create more than one Account or create an Account for anyone other than yourself.

4. Fees and Payment.

You agree to pay fees (the “Fees”) for the Services on a monthly basis (the “Subscription”), in advance, in the amounts set forth in our price list for the Services in effect at the time of payment. The Fees applicable to you are set forth when you sign up for your Account, and may be amended by us, from time to time, in our sole discretion and with advance notice to you. By signing up for the Services, you expressly authorize us to withdraw funds from your bank account and/or charge your payment card (as applicable) for the full amount of the Fees. Since the Services are on-going and are subject to recurring payments, you expressly authorize us to withdraw funds from your bank account and/or charge your payment card on a recurring basis until you affirmatively cancel, remove or stop your use of the Services. You may be provided with the option to prepay Fees in advance on a quarterly or annual basis, in which event we may offer a discount or other incentive to you. All Fees paid by you for, via, or in connection with the Services are final and are non-refundable. You understand that the fees you pay to the Company for the Services are associated with the attempt to exercise your rights under the CCPA, and not for the guarantee of results associated therewith.

5. Use Restrictions.

You may use the Documentation, as defined herein, solely as authorized by us in connection with your use of the Services for so long as we permit you ton continue to access the Services. You shall not directly or indirectly: (a) attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Site and/or materials related to the use of the Site (as applicable) in any form or media or by any means (the “Documentation”); or (b) attempt to de-compile, reverse compile, disassemble, reverse engineer, or otherwise reduce to human-perceivable form all or any part of the Site; (c) access all or any part of the Services and Documentation in order to build a product or service which competes with the Services and/or the Documentation; (d) provide any other person with access to or use of your Account; (e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Site, or any features, functionality, components, elements or parts of the Site, to any third party, without our prior written consent; (f) interfere with or disrupt the Services, networks, or servers connected to the systems or violate the regulations, policies, or procedures of such networks or servers, including unlawful or unauthorized altering of any of the information submitted through the Services; or (g) use the Services or Documentation in violation of law applicable to you. We have no obligation to monitor your use of the Site and Services; however, we reserve the right, at all times, to monitor such use, and to review, retain, and disclose any information as necessary to ensure compliance with the terms of these Terms, and to satisfy or cooperate with any applicable law, regulation, legal process, or governmental request.

6. Privacy Policy.

Please refer to our Privacy Policy as updated from time to time, located at: https://privacybee.com/privacy-policy or such other URL as we may provide from time to time, for information about how we collect, use, and share your information. By using and providing information to or through the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

7. Intellectual Property Rights.

7.1 Ownership of Services. We expressly and exclusively reserve for ourselves any and all registered and unregistered rights (whether or not registrable), granted, applied for, or otherwise now or hereafter in existence under or related to any patent or patentable subject matter, copyright or copyrightable subject matter, trademark or trademarkable subject matter, trade secret, database protection, or other intellectual property rights laws, and all similar or equivalent rights or forms of protection, in any part of the world (the “Intellectual Property Rights”) that are created, generated, acquired, or used connection with the Services. Nothing herein shall be deemed to grant any rights or licenses to our Intellectual Property Rights to you, except as is expressly required for you to use the Services (but not apart from your use thereof).

7.2 Feedback. We will own any feedback, suggestions, ideas, or other information or materials regarding us or the Services that you provide, whether by email, posting through the Services or otherwise (“Feedback”). You hereby assign to us all right, title and interest to Feedback together with all associated intellectual property rights. You will not be entitled to, and hereby waive any claim for, acknowledgment or compensation based on any Feedback or any modifications made based on any Feedback.

7.3 User Content. You hereby grant to us a royalty-free, fully paid-up, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, copy, modify, create derivative works of, display, perform, publish and distribute, in any form, medium or manner, any text, information, data, materials, images, or other content you provide to us using the Services or submit or post to the Site and that is not Feedback owned by us (the “User Content”). You represent and warrant that: (a) you own the User Content or have the right to grant the rights and licenses in these Terms, and (b) the User Content and use by us of the User Content as licensed herein does not and will not violate, misappropriate or infringe on the rights of any third party. We may remove any User Content from the Site for any reason at our discretion.

8. Third-Party Content.

In using the Services, you may view content provided by third parties (“Third-Party Content”). We do not control, endorse, or adopt any Third-Party Content and shall have no responsibility for ThirdParty Content, including without limitation material that may be misleading, incomplete, erroneous, offensive, indecent, or otherwise objectionable. In addition, your business dealings or correspondence with such third parties are solely between you and the third parties. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, and you understand that your use of Third-Party Content, and your interactions with third parties, is at your own risk.

9. Disclaimer of Warranties.

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE SITE, THE SERVICES, THE DOCUMENTATION AND ANY PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON OUR BEHALF ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WE EXPRESSLY DISCLAIMS, AND YOU WAIVE, ANY AND ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE IN TRADE. WITHOUT LIMITING THE FOREGOING, WE DO NOT REPRESENT OR WARRANT THAT THE SITE, THE SERVICES OR THE DOCUMENTATION ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

YOU ACKNOWLEDGE THAT YOUR USER DATA MAY BECOME IRRETRIEVABLY LOST OR CORRUPTED OR TEMPORARILY UNAVAILABLE DUE TO A VARIETY OF CAUSES, INCLUDING SOFTWARE FAILURES, VIRUSES OR OTHER HARMFUL MATERIALS, PROTOCOL CHANGES BY THIRD PARTY PROVIDERS, INTERNET OUTAGES, FORCE MAJEURE EVENT OR OTHER DISASTERS, SCHEDULED OR UNSCHEDULED MAINTENANCE, OR OTHER CAUSES EITHER WITHIN OR OUTSIDE OUR CONTROL. YOU ARE SOLELY RESPONSIBLE FOR BACKING UP AND MAINTAINING DUPLICATE COPIES OF ANY INFORMATION YOU STORE OR TRANSFER THROUGH OUR SERVICES.

THE DISCLAIMER OF IMPLIED WARRANTIES CONTAINED HEREIN MAY NOT APPLY IF AND TO THE EXTENT IT IS PROHIBITED BY APPLICABLE LAW OF THE JURISDICTION IN WHICH YOU RESIDE.

10. Indemnification.

You will defend, indemnify, and hold harmless us, our Affiliates, and their respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers and contractors (collectively, “Indemnified Parties”) from any claim, demand, lawsuit, action, proceeding, investigation, liability, damage, loss, cost or expense, including without limitation reasonable attorneys’ fees, arising out or relating to (a) your use of, or conduct in connection with, the Services; (b) any Feedback or User Content you provide; (c) your violation of these Terms; or (d) your violation of any applicable law or the rights of any other person or entity. If you are obligated to indemnify any Indemnified Party, we (or, at our discretion, the applicable Indemnified Party) will have the right, in its sole discretion, to control any action or proceeding and to determine whether we wish to settle, and if so, on what terms.

11. Disclaimer of Damages.

IN NO EVENT WILL WE, OUR AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS, REPRESENTATIVES, SUPPLIERS OR CONTRACTORS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES OR LIABILITIES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA, INFORMATION, OR FINANCIAL BENEFIT) ARISING OUT OF OR IN CONNECTION WITH THE SITE, THE SERVICES, ANY PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES, OR ANY OTHER PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF US, WHETHER UNDER CONTRACT, STATUTE, STRICT LIABILITY OR OTHER THEORY (INCLUDING, FOR AVOIDANCE OF DOUBT, ANY NEGLIGENCE OF OURS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12. Limitation of Liability.

IN NO EVENT WILL OUR LIABILITY, OUR AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS, REPRESENTATIVES, SUPPLIERS OR CONTRACTORS ARISING OUT OF OR IN CONNECTION WITH SITE, THE SERVICES, ANY PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES, OR ANY OTHER PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON OUR BEHALF, WHETHER UNDER CONTRACT, STATUTE, STRICT LIABILITY OR OTHER THEORY (INCLUDING, FOR AVOIDANCE OF DOUBT, ANY NEGLIGENCE OF OURS) EXCEED THE AMOUNT OF THE FEES PAID BY YOU TO US UNDER THIS AGREEMENT IN THE ONE-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY.

13. Changes; Suspension; Termination.

13.1 Changes to the Service. We may, at our discretion and without liability to you, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, all or any portion of any the Services.

13.2Suspension or Termination of Services.

(a)We may, at our discretion and without liability to you, with or without prior notice and at any time, temporarily suspend or permanently terminate your access to all or a portion of any the Services. Such action would constitute a withdrawal from our representation, cancellation or annulment of any Power of Attorney, or any authorizations related thereto, that may have been granted during the provision of the Services.

(b)You have the right to terminate your Subscription and use of the Services at any time by providing notice to us of your intent to terminate (a “Termination Request”). You acknowledge that, on the effective date of your Termination Request (the “Termination Date”), your license to utilize the Services shall cease immediately, and you shall no longer have rights to use the same. If your Termination Request does not specify a Termination Date, then the Termination Request shall be deemed effective upon our receipt of the same. Following the Termination Date, you agree to immediately cease the use of all the Services. You acknowledge and agree that, following the Termination Date, we shall have no obligation to maintain, provide to you, or recover any of the data or content that you uploaded to your Account and/or the Services, and we may delete the same. In the event of a termination, pursuant to this Section 13(b), we shall have no obligation to provide you with a refund of any Fees that you have prepaid, as all Fees paid by you are final and non-refundable.

13.3 No liability. We will not be liable for any losses suffered by you resulting from any modification of any Services or from any suspension or termination of your access to all or a portion of any Services (whether pursuant to this Section 13 or for any other reason).

13.4 Effect of Termination. In the event of discontinuation of all Services or other termination of your right to access all Services: (a) all amounts payable by you to us will immediately become due; (b) we may delete or deactivate your Account and all related information and files in such Account without liability to you.

14. Contact Us.

All feedback, comments, requests for technical support and other communications relating to the Services should be directed to: [email protected].

15. Miscellaneous.

15.1 Governing Law. The interpretation and enforcement of these Terms, and any dispute related to these Terms or the Services, will be governed by and construed and enforced in accordance with the laws of the State of Wyoming, without regard to conflict of law rules or principles (whether of California or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. You agree that we may initiate a proceeding related to the enforcement or validity of our Intellectual Property Rights in any court having jurisdiction. With respect to any other proceeding that is not subject to arbitration under these Terms, the federal and state courts located in Wyoming will have exclusive jurisdiction. You waive any objection to venue in any such courts.

15.2 Assignment. These Terms are binding upon and inure to the benefit of the permitted successors and assigns of each party. You may not assign, subcontract, delegate or otherwise convey these Terms, or any of its rights and obligations hereunder. Notwithstanding anything to the contrary in these Terms, we may assign, transfer, and delegate this agreement (these Terms) and its obligations hereunder at any time, in its sole discretion.

15.3 Severability. If any provision of these Terms is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of any such provision in every other respect and the remaining provisions of these Terms will be unimpaired and these Terms will continue in full force and effect, unless the provisions held invalid, illegal, or unenforceable will substantially impair the benefits of the remaining provisions hereof.

15.4 Waiver. The failure of either party to insist upon strict performance or to seek remedy for breach of any term of these Terms, or to exercise any right, remedy or election herein or permitted by law or equity, will not constitute nor be construed as a waiver or relinquishment in the future of such term, condition, right, remedy, or election. Any consent, waiver, or approval by either party of any act or matter will not be effective unless made in writing and signed by an authorized representative of the consenting, waiving, or approving party.

15.5 Force Majeure. We will not be responsible or liable to you or deemed in default or breach hereunder by reason of any failure or delay in the performance of its obligations hereunder (including the temporary unavailability or inaccessibility of the Services) where such failure is the result of Force Majeure. As defined herein, “Force Majeure” means any (a) acts of God, flood, fire, wind, storm, drought, earthquake, or other natural disaster; (b) epidemic or pandemic; (c) terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations; (d) nuclear, chemical or biological contamination, or sonic boom; (e) any law or any action taken by a government or public authority; (f) collapse of buildings, breakdown of plant or machinery, fire, explosion, or accident; (g) any labor or trade dispute, materials or transport, strikes, industrial action or lockouts; (h) interruption or failure of utility service; or (i) or any other cause, whether similar or dissimilar to those enumerated, that is beyond our reasonable control and without our fault or negligence.

15.6 Survival. Termination of these Terms will not affect the provisions that, by their nature, are intended to survive the termination hereof, including without limitation, Section 5,6,7,8,9,10,11,12,13,14, and 15.

15.7 Entire Agreement; Order of Precedence. These Terms contain the entire agreement and supersede all prior and contemporaneous understandings between the parties regarding the Services. In the event of any conflict between these Terms and any other agreement you may have with us, these Terms will control unless the other agreement specifically identifies these Terms and declares that the other agreement supersedes these Terms.