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 to 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.
