Terms of Service

 

Terms of Use for Informational Website and Privacy Policy

Welcome to Beehopr (the Website).  Beehopr LLC is an informational website owned and operated at PO Box 1859, New York, NY, 10010.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEBSITE.  BY ACCESSING AND/OR USING THE WEBSITE (OTHER THAN TO READ THESE TERMS OF USE FOR THE FIRST TIME). YOU ARE AGREEING TO COMPLY WITH THESE TERMS OF USE, WHICH MAY CHANGE FROM TIME TO TIME AS SET FORTH IN SECTION XII BELOW.

 

INTELLECTUAL PROPERTY

The Website and included content (and any derivative works or enhancements of the same) including, but not limited to, all text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, and interactive features (collectively, the Website Content) and all intellectual property rights to the same are owned by Beehopr LLC, our licensors, or both. Additionally, all trademarks, service marks, trade names and trade dress that may appear on the Website are owned by us, our licensors, or both. Except for the limited use rights granted to you in these Terms of Use, you shall not acquire any right, title or interest in the Website or any Website Content. Any rights not expressly granted in these Terms of Use are expressly reserved.

 

WEBSITE ACCESS AND USE

Access to the Website including, without limitation, the Website Content is provided for your information and personal, non-commercial use only. When using the Website, you agree to comply with all applicable federal, state, and local laws including, without limitation copyright law. Except as expressly permitted in these Terms of Use, you may not use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, publish, transmit, or otherwise exploit Website Content for any purpose whatsoever without obtaining prior written consent from us or, in the case of third-party content, its respective owner. In certain instances, we may permit you to download or print Website Content or both. In such a case, you may download or print (as applicable) one copy of Website Content for your personal, non-commercial use only. You acknowledge that you do not acquire any ownership rights by downloading or printing Website Content.

Except as expressly permitted in these Terms of Use, you may not:

  1. Remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice on the Website or Website Content;
  2. Circumvent, disable or otherwise interfere with security-related features of the Website including, without limitation, any features that prevent or restrict use or copying of any content or enforce limitations on the, use of the Website or Website Content;
  3. Use an automatic device (such as a robot or spider) or manual process to copy or scrape the Website or Website Content for any purpose without the express written permission of Beehopr LLC Notwithstanding the foregoing, Beehopr LLC grants public search engine operators permission to use automatic devices (such as robots or spiders) to copy Website Content from the Website for the sole purpose of creating (and only to the extent necessary to create) a searchable index of Website Content that is available to the public. We reserve the right to revoke this permission (generally or specifically) at any time;
  4. Collect or harvest any personally identifiable information from the Website including, without limitation, user names, passwords, email addresses and other personal log in information or personal background data;
  5. Solicit other users to join our service or become members of our commercial online service or other organization without our prior written approval;
  6. Attempt to or interfere with the proper working of the Website or impair, overburden, or disable the same;
  7. Decompile, reverse engineer, or disassemble any portion of any the Website;
  8. Use network-monitoring software to determine architecture of or extract usage data from the Website;
  9. Encourage conduct that violates any local, state or federal law, either civil or criminal, or impersonate another user, person, or entity (e.g., using another person’s Membership without permission, etc.);
  10. Violate U.S. export laws, including, without limitation, violations of the Export Administration Act and the Export Administration Regulations administered by the Department of Commerce; or
  11. Engage in any conduct that restricts or inhibits any other user from using or enjoying the Website.
  12. You agree to cooperate fully with Beehopr LLC to investigate any suspected or actual activity that is in breach of these Terms of Use.

 

CONDITIONS FOR LINKING TO WEBSITE

Upon your acceptance of these Terms of Use as evidence by your clicking where indicated below your acceptance of an agreement to these terms, we hereby grant you a non-exclusive, limited license, revocable at our sole and exclusive discretion, for you to link to the Website home page from any site you own or control that is not commercially competitive with the Website and does not criticize or otherwise injure the Website, so long as the site where the link resides, and all other locations to which such site links, comply with all applicable laws and do not in any way abuse, defame, stalk, threaten or violate the rights of privacy, publicity, intellectual property or other legal rights of others or, in any way, post, publish, distribute, disseminate or facilitate any inappropriate, infringing, defamatory, profane, indecent, obscene or illegal/unlawful information, topic, name or other material or that violates the spirit of our mission. Such a link is not an endorsement of such other site(s) by us. All of our rights and remedies are expressly reserved and preserved and at no time waived or diminished in any manner.

 

USER REGISTRATION

In order to access or use some features of the Website, you will have to become a registered user. If you are under the age of eighteen, then you are not permitted to register as a user or otherwise submit personal information to this Website. Anyone under the age of eighteen is not permitted to use this Website or download and/or copy any of the Website’s content.

If you become a registered user, you will provide true, accurate and complete registration information and, if such information changes, you will promptly update the relevant registration information. During registration, you will create a username and password (a Membership), which may permit you access to certain areas of the Website not available to non-registered users. You are responsible for safeguarding and maintaining the confidentiality of your Membership. You are solely responsible for the activity that occurs under your Membership, whether or not you have authorized the activity. You agree to notify us immediately at info@beehopr.com of any breach of security or unauthorized use of your Membership.

 

USER CONTENT

We may now or in the future permit users to post, upload, transmit through, or otherwise make available on the Website (collectively, submit) messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, and/or other materials (User Content). Subject to the rights and license you grant herein, you retain all right, title and interest in your User Content.  We do not guarantee any confidentiality with respect to User Content even if it is not published on the Website. It is solely your responsibility to monitor and protect any intellectual property rights that you may have in your User Content, and we do not accept any responsibility for the same. You are not authorized to distribute any User Content on the Website that violates any federal, state or local law. You are further expressly prohibited from displaying or exchanging any pornographic materials, sexual solicitations or invitations for sexual favors and any content that involves gambling or the solicitation of gambling.

You shall not submit any User Content protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property, personal, contractual, proprietary or other third parties right without the express written permission of the owner of the respective right. You are solely liable for any damage resulting from your failure to obtain such permission or from any other harm resulting from User Content that you submit.  You agree to indemnify, defend and hold harmless Beehopr LLC against any and all claims from third parties which claim that you have in any way acted inappropriately or without those third parties’ express written consent to use any of their content.

You represent, warrant, and covenant that you will not submit any User Content that:

  1. Violates or infringes in any way upon the rights of others, including, but not limited to, any copyright, trademark, patent, trade secret, moral right, or other intellectual property, personal, contractual, proprietary or other third party right of any person or entity;
  2. Impersonates another or is unlawful, threatening, abusive, libelous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable;
  3. Encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any federal, state and/or local law;
  4. Is an advertisement for goods or services or a solicitation of funds;
  5. Includes personal information such as messages which identify phone numbers, social security numbers, account numbers, addresses, employer references or any other personal information that is not available to the public;
  6. Contains a formula, instruction, or advice that could cause harm or injury;
  7. Is a chain letter of any kind; or
  8. The licensed use by us hereunder would result in us having any obligation or liability to any parties.
  9. Any conduct by a User that in our sole and exclusive discretion restricts or inhibits any other user from using or enjoying the Website will not be permitted and your membership will be immediately discontinued without any notice.

By submitting User Content to us, simultaneously with such posting you automatically grant, or warrant that the owner has expressly granted, to us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully licensable, and transferable right and license to use, record, sell, lease, reproduce, distribute, create derivative works based upon (including, without limitation, translations), publicly display, publicly perform, transmit, publish and otherwise exploit the User Content (in whole or in part) as we, in our sole and exclusive discretion, deem appropriate including, without limitation, (1) in connection with our business; and (2) in connection with the businesses of our affiliates, successors, parents, subsidiaries, and their related companies. We may exercise this grant in any format, media or technology now known or later developed for the full term of any copyright that may exist in such User Content. Furthermore, you also grant other user permission to access your User Content and to use, record, sell, lease, reproduce, distribute, create derivative works based upon, public display, public performance, transmission, publication and otherwise exploit your User Content for personal, non-commercial use as permitted by the functionality of the Website and these Terms of Use. The granted rights include the right to configure, host, index, cache, digitize, compress, optimize, modify, edit, adapt, and remove such content and combine same with other materials. Furthermore, we are free to use any ideas, concepts, know-how or techniques contained in any User Content you submit without any remuneration or obligation to you and with your express knowledge and consent.

By submitting User Content, you also grant us the right, but not the obligation to use your biographical information including, without limitation, your name and geographical location in connection with broadcast, print, online, or other use or publication of your User Content.

We reserve the right to display advertisements in connection with your User Content and to use your User Content for advertising and promotional purposes. You acknowledge and agree that your User Content may be included on the Websites and advertising networks of our distribution partners and third-party service providers (including their downstream users).

We have the right, but not the obligation, to monitor User Content. Please exercise caution and common sense when viewing User Content. We have no obligation to post, maintain or otherwise make use of User Content and do not guarantee distribution of User Content. We may discontinue operation of the Website, or your use of the Website, in either case in whole or in part, in our sole, absolute and exclusive discretion. You have no right to maintain or access your User Content after you have placed it on the Website and we have no obligation to return your User Content or otherwise make it available to you.

The rights granted by you hereunder may not be terminated, revoked or rescinded and are not subject to reversion. If you become aware that User Content you have submitted includes any material for which you lack the unrestricted right to grant us the rights set forth above without obligations or liability to any party, you agree to promptly provide us with detailed written notice thereof to Beehopr , P.O. Box 1859, New York, NY 10010 and info@beehopr.com

 

‚ÄčWEBSITE CONTENT & THIRD PARTY LINKS

  1. We provide the Website including, without limitation Website Content for entertainment, educational and promotional purposes only. You may not rely on any information and opinions expressed on any of our Website for any other purpose. In all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of Website Content. Under no circumstances will we be liable for any loss or damage caused by your reliance on any Website Content.
  2. In some instances, Website Content will include content posted by a third-party or will represent the opinions and judgments of a third-party. We do not endorse, warrant and are not responsible for the accuracy, timeliness, completeness, or reliability of any opinion, advice, or statement made on the Website by anyone other than authorized employees or spokespersons while acting in their official capacities.
  3. The Website may contain links to other Websites maintained by third parties. We do not operate or control, in any respect, or necessarily endorse the content found on these third-party Websites. You assume sole responsibility for your use of third-party links. We are not responsible for any content posted on third-party Websites or liable to you for any loss or damage of any sort incurred as a result of your dealings with any third-party or their Website.

 

INDEMNIFICATION

You agree to indemnify and hold harmless Beehopr LLC and its employees, agents, distribution partners, affiliates, subsidiaries, and their related companies from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable attorneys’ fees and costs) arising out of, related to, or that may arise in connection with: (i) your access to or use of the Website; (ii) User Content provided by you or through use of your Membership; (iii) any actual or alleged violation or breach by you of these Terms of Use; (iv) any actual or alleged breach of any representation, warranty, or covenant that you have made to us; or (v) your acts or omissions. You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder. 

 

DISCLAIMERS

YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE AND WEBSITE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. BEEHOPR LLC DISCLAIMS ANY AND ALL WARRANTIES INCLUDING ANY: (1) WARRANTIES THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS; (2) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF THE WEBSITE OR WEBSITE CONTENT; (3) WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE; (4) WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON OUR WEBSITE OR ACCESSED THROUGH THE WEBSITE; (5) WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE; (6) WARRANTIES THAT YOUR USE OF THE WEBSITE WILL BE SECURE OR UNINTERRUPTED; AND (7) WARRANTIES THAT ERRORS IN THE SOFTWARE WILL BE CORRECTED.

 

LIMITATION ON LIABILITY  

  1. UNDER NO CIRCUMSTANCES SHALL BEEHOPR LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES AND THEIR RELATED COMPANIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH THE WEBSITE OR THESE TERMS OF USE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE INCLUDING, WITHOUT LIMITATION, THE WEBSITE CONTENT IS TO STOP USING THE WEBSITE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH ANY OF THE WEBSITE OR ANY LINKS ON THE WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH ANY OF THE WEBSITE OR ANY LINKS ON THE WEBSITE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY CONTENT POSTED BY A THIRD-PARTY OR CONDUCT OF A THIRD-PARTY ON THE WEBSITE.
  2. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE CUMULATIVE LIABILITY OF BEEHOPR LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES AND THEIR RELATED COMPANIES EXCEED THE GREATER OF THE TOTAL PAYMENTS RECEIVED FROM YOU BY BEEHOPR LLC DURING THE PRECEDING TWELVE (12) MONTH PERIOD OR $100.       
  3. In some jurisdictions limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you. These limitations shall apply to the fullest extent permitted by law.

 

TERMINATION                                                                                                           

  1. We reserve the right in our sole discretion and at any time to terminate or suspend your Membership and/or block your access to the Website for any reason including, without limitation if you have failed to comply with the letter and spirit of these Terms of Use. You agree that Beehopr LLC shall not be liable to you or any third party for any termination or suspension of your Membership or for blocking your access to the Website.
  2. If you become a registered user, you may terminate your Membership at any time by sending an e-mail to info@beehopr.com.
  3. Any suspension or termination shall not affect your obligations to us under these Terms of Use. The provisions of these Terms of Use which by their nature should survive the suspension or termination of your Membership or these Terms of Use shall survive including, but not limited to the rights and licenses that you have granted hereunder, indemnities, releases, disclaimers, limitations on liability, and provisions related to choice of law,

 

CHOICE OF LAW

These Terms of Use shall be construed in accordance with the laws of the State of New York without regard to its conflict of laws rules.

 

AMENDMENT; ADDITIONAL TERMS

  1. We reserve the right in our sole, absolute and exclusive discretion and at any time and for any reason, to modify or discontinue any aspect or feature of the Website or to modify these Terms of Use. In addition, we reserve the right to provide you with operating rules or Additional Terms that may govern your use of the Website generally, unique parts of the Website, or both (Additional Terms). Any Additional Terms that we may provide to you will be incorporated by reference into these Terms of Use. To the extent any Additional Terms conflict with these Terms of Use, the Additional Terms will control.
  2. Modifications to these Terms of Use or Additional Terms will be effective immediately upon notice, either by posting on the Website or by notification by email or conventional mail. It is your responsibility to review the Terms of Use and the Website from time to time for any changes or Additional Terms. Your access and use of any the Website following any modification of these Terms of Use or the provision of Additional Terms will signify your assent to and acceptance of the same. If you object to any subsequent revision to the Terms of Use or to any Additional Terms, you may terminate your Membership as provided in Section X herein or, if you do not have a Membership, your only recourse is to immediately discontinue use of the Website.

 

MISCELLANEOUS

  1. Any delay or failure on the part of us to exercise or enforce any rights under these Terms of Use to which we may be entitled shall not, in any event, be construed as a waiver of the right and privilege to do so at any subsequent time. You irrevocably agree that you waive any and all rights to injunctive or other equitable relief. The section headings used herein are for convenience only and shall not be given any legal import. If any provision of these Terms of Use is held to be invalid or unenforceable, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect.
  2. These Terms of Use (including the Privacy Policy and any Additional Terms incorporated by reference) constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between us with respect to such subject matter.
  3. You may not assign these Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, without our prior written consent. Any such purported assignment or delegation by you without the appropriate prior written consent will be null and void and of no force and effect. 

 

PRIVACY STATEMENT

  1. When accessing our Website, Beehopr LLC will learn certain information about you during your visit. How we will handle information we learn about you depends upon what you do when visiting our site. If you visit our site to read or download information on our pages, we collect and store only the following information about you:
  • The name of the domain from which you access the Internet;
  • The date and time you access our site; and
  • The Internet address of the Web site you used to link directly to our site.
  1. If you identify yourself by sending us an e-mail containing personal information, then the information collected will be solely used to respond to your message. The information collected is for statistical purposes. BEEHOPR LLC uses software programs to create summary statistics, which are used for such purposes as assessing the number of visitors to the different sections of our site, what information is of most and least interest, determining technical design specifications, and identifying system performance or problem areas.
  2. For site security purposes and to ensure that this service remains available to all users, Beehopr LLC uses software programs to monitor network traffic to identify unauthorized attempts to upload or change information, or otherwise cause damage. Beehopr LLC will not obtain personally-identifying information about you when you visit our site unless you choose to provide such information to us, nor will such information be sold or otherwise transferred to unaffiliated third parties without the approval of the user at the time of collection.

California Privacy Rights

Residents of the State of California, under certain provisions of the California Civil Code, have the right to request from companies conducting business in California a list of all third parties to which the company has disclosed certain personally identifiable information as defined under California law during the preceding year for third-party direct marketing purposes. You are limited to one request per the calendar year. In your request, please attest to the fact that you are a California resident and provide a current California address for our response. You may request the information in writing at Beehopr, LLC, P.O. Box 1859, New York, NY, 10010 and info@beehopr.com.

Third Party Ad Server Networks

The Website may use third parties such as network advertisers to serve advertisements on the Website and may use traffic measurement services to analyze traffic on the Website. Network advertisers are third parties that display advertisements based on your visits to the Website and other Websites you have visited. Third-party ad serving enables us to target advertisements to you for products and services in which you might be interested. The Website's third party ad network providers, the advertisers, the sponsors and/or traffic measurement services may themselves set and access their own cookies on your computer if you choose to have cookies enabled in your browser and track certain behavioral information regarding users of your computer via a Device Identifier. These third party cookies are set to, among other things: (a) help deliver advertisements to you that you might be interested in; (b) prevent you from seeing the same advertisements too many times; and (c) understand the usefulness to you of the advertisements that have been delivered to you. Note that any images (or any other parts of a web page) served by third parties in association with third-party cookies may serve as web beacons, which enable third parties to carry out the previously described activities. Third party cookies and web beacons are governed by each third party's specific privacy policy, not this one.

Public Forums

We may offer chat rooms, message boards, bulletin boards, or similar public forums where you and other users of our Website can communicate. The protections described in this Privacy Policy do not apply when you provide information (including personal information) in connection with your use of these public forums. We may use personally identifiable and non-personal information about you to identify you with a posting in a public forum. Any information you share in a public forum is public information and may be seen or collected by anyone, including third parties that do not adhere to our Privacy Policy. We are not responsible for events arising from the distribution of any information you choose to publicly post or share through our Website.

Keeping Your Information Secure

We have implemented security measures we consider reasonable and appropriate to protect against the loss, misuse and alteration of the information under our control. Please be advised, however, that while we strive to protect your personally identifiable information and privacy, we cannot guarantee or warrant the security of any information you disclose or transmit to us online and are not responsible for the theft, destruction, or inadvertent disclosure of your personally identifiable information. In the unfortunate event that your "personally identifiable information" (as the term or similar terms are defined by any applicable law requiring notice of a security breach) is compromised, we may notify you by e-mail (at our sole and absolute discretion) to the last e-mail address you have provided us in the most expedient time reasonable under the circumstances; provided, however, delays in notification may occur while we take necessary measures to determine the scope of the breach and restore reasonable integrity to the system as well as for the legitimate needs of law enforcement if notification would impede a criminal investigation. From time to time we evaluate new technology for protecting information, and when appropriate, we upgrade our information security systems.

Other Sites; Links

Our Website may link to or contain links to other third-party Websites that we do not control or maintain, such as in connection with purchasing products referenced on our Website and banner advertisements. We are not responsible for the privacy practices employed by any third party Website. We encourage you to note when you leave our Website and to read the privacy statements of all third-party Websites before submitting any personally identifiable information.

Contact and Opt-Out Information

You may contact us as at info@beehopr.com if: (a) you have questions or comments about our Privacy Policy; (b) wish to make corrections to any personally identifiable information you have provided; (c) want to opt-out from receiving future commercial correspondence, including emails, from us or our affiliated companies; or (d) wish to withdraw your consent to sharing your personally identifiable information with others. We will respond to your request and, if applicable and appropriate, make the requested change in our active databases as soon as reasonably practicable. Please note that we may not be able to fulfill certain requests while allowing you access to certain benefits and features of our Website.

Sole Statement

This Privacy Policy as posted on this Website is the sole statement of our privacy policy with respect to this Website, and no summary, modification, restatement or other versions thereof, or other privacy statement or policy, in any   form, is valid unless we post a new or revised policy to the Website.

Illegality

If any provision of this Terms of Use shall be determined by the arbitrators or any Court having jurisdiction, to be invalid, illegal or unenforceable, the remainder of this Terms of Use shall not be affected thereby, but shall continue in full force and effect as though such invalid, illegal or unenforceable provision or provisions were not originally a part hereof.

Waiver

No waiver or modification of any of the provisions of this Terms of Use or any of the rights or remedies of the parties hereto shall be valid unless such change is in writing, signed by the party to be charged therewith. No waiver of any of the provisions of this Terms of Use shall be deemed a waiver of any other provision.

Arbitration

Any claim or controversy arising among or between the parties hereto pertaining to the Website, or any claim or controversy arising out of or respecting any matter contained in this Terms of Use or any differences as to the interpretation or performance of any of the provisions of this Terms of Use shall be settled by arbitration in [specify location] before three arbitrators of the American Arbitration Association under its then prevailing rules. In any arbitration involving this Terms of Use, the arbitrators shall not make any award which will alter, change, cancel or rescind any provision of this Terms of Use, and their award shall be consistent with the provisions of this Terms of Use. Any such arbitration must be commenced no later than one (1) year from the date such claim or controversy arose, or such claim shall be deemed to have been waived. The award of the arbitrators shall be final and binding and judgment may be entered thereon in any court of competent jurisdiction.

Headings 

Headings in this Terms of Use are for convenience only and shall not be used to interpret or construe its provisions.


Affiliate Program Operating Agreement // Terms & Conditions

This Agreement contains the complete terms and conditions that apply to an individual’s or entity’s participation in the Beehopr, LLC’s Affiliate Program (the Program) which is administered by Beehopr, LLC. As used in this Agreement, we mean the Company, and you or Affiliate means the Applicant. Site means a World Wide Web site and, depending on the context refers either to the site of Beehopr, LLC or to the site(s) or e-mail messages that you will link to our site.

1. Enrollment in the Program

To begin the enrollment process, you will submit a complete Beehopr, LLC’s application to participate in the program via our site, and will receive immediate conditional acceptance and a unique Agent Code/URL. We will then evaluate your application in good faith and will notify you if there is the need for rejection. We may reject your application at any time if we determine (at our sole discretion) that your site is unsuitable for the program for any reason, including, but not limited to, if your site includes images or content that promotes sexually obscene materials, promotes violence, promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, promotes illegal activities, or violates intellectual property rights and/or copyrights or trademarks.

If we reject your application, you are welcome to reapply to the Program at any time. If we accept your application and your site is later determined (at our sole discretion) to be unsuitable for the program based on, but not limited to the same criteria listed above, we may terminate this Agreement.

2. Links on Your Web Site or E-mail Messages

Upon acceptance of your affiliate application, we will provide you with guidelines and graphical artwork, including banner advertisements, button links to our site and/or a text link to our site to use in linking to our site, which will include the logo of Beehopr, LLC and words identifying Beehopr, LLC. Each of these graphic and text links will herein be referred to as Links or individually as a Link and are subject to the terms and conditions of this Agreement. In utilizing the Links, you agree that you will cooperate fully with us in order to establish and maintain such Links. A Link may only be modified with our consent and will in no way alter the look, feel, or functionality of our site. We have the right to monitor your site at any time to determine if you are in compliance with the terms of this Agreement. In addition, spamming or other improper use of Links to our site in your e-mail messages to sell our memberships is not acceptable and may result in termination of this Agreement.

3. Order Processing

We will process all membership orders placed by customers who follow the Links from your site to the Beehopr, LLC site. We reserve the right to reject orders that do not comply with any requirements that we periodically may establish (such as, but not limited to, false names and/or addresses, prank orders, etc.). We will be responsible for all aspects of order processing and fulfillment, including, among other things, order entry, processing payments, cancellations, and customer service requests. We will track sales made to customers who purchase a membership using Links from your site to our site and will send you reports summarizing this sales activity. The form, content, and frequency of the reports may vary from time to time in our discretion. To permit accurate tracking, reporting, and fee accrual, you must ensure that the Links between your site and our site are properly formatted with your unique Agent Code/URL.

4. Commissions
We will pay you the Affiliate Agent Commission Rate (defined in 4-C) on all Qualifying membership subscription sales (defined in 4-A).

A. Qualifying membership subscription for the Affiliate Agent Commission Rate:

For a membership subscription sale to generate a commission at the Affiliate Agent Commission Rate, the customer must follow an Affiliate Link, provided by Beehopr, LLC, from your site to the Beehopr.com site; purchase a membership via our site; and remit full payment to us.

C. Affiliate Agent Commission Rate: You will earn the Affiliate Agent Commission Rate based on the sale price of qualifying membership subscription, at the commission rate establishedBeehopr, LLC. Sale price means the sale price listed on our Beehopr.com site. The Affiliate Agent Commission Rate is 10% on all paid Qualifying Membership Subscription Sales for affiliates maintaining Beehopr, LLC as the Exclusive Business Networking Link on their web site.

5. Commission Payment

Beehopr, LLC will pay you commissions on a monthly basis. Approximately fifteen [15] days following the end of each month, we will remit to you a check, wire, EFT, or other forms of payment for the commissions earned on qualifying membership subscriptions that were purchased during the preceding month (less any taxes that we are required by law to withhold). However, if the commissions payable to you for any calendar month are less than fifteen dollars, we reserve the right to hold those fees until the total amount due is at least fifteen dollars or (if earlier) until this Agreement is terminated. If a qualifying membership subscription that generated a commission is canceled by the customer, we will deduct the corresponding fee from your next payment. If there is no subsequent payment, Beehopr, LLC will send you a bill for the canceled commission amount and you will reimburse Beehopr, LLC promptly for that amount.

6. Policies and Pricing

Customers who buy a membership subscription through this program will be deemed to be customers ofBeehopr, LLC. Accordingly, all Beehopr, LLC’s rules, policies, and operating procedures concerning customer orders, customer service, and membership subscription sales will apply to those customers. We may change our policies and operating procedures at any time and without notice. We will determine the prices to be charged for membership subscriptions sold under this Program in accordance with our own pricing policies. Membership subscription prices and availability may vary from time to time. Because price changes may affect membership subscriptions that you already have listed on your site, you may not include price information in your membership subscription descriptions without our prior authorization. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular membership subscription.

7. Non-Exclusive Limited License
All images, trademarks, service marks, product names, company names, or logos appearing on the Beehopr, LLC web site, other than the Licensed Materials owned by Beehopr, LLC are the property of their respective owners. Any use of such images, trademarks, service marks, product names, company names, or logos, including the reproduction, modification, distribution, or republication of same, without the prior written permission of the owner of same, is strictly prohibited.

We grant you a non-exclusive, non-transferable, revocable right to use the approved Beehopr, LLC images and graphics, solely for the purpose of selling membership subscriptions on your site for Beehopr, LLC in accordance with our affiliate program. Pursuant to this license, you may not reproduce, modify, distribute, or republish any of the approved images and graphics, except as permitted pursuant to this affiliate operating agreement. The license shall terminate upon the effective date of the expiration or termination of this Agreement.

8. Responsibility for Your Site
You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site, including, but not limited to, the technical operation of your site and all related equipment, creating and maintaining links to Beehopr, LLC on your site, and the accuracy and appropriateness of materials posted on your site (including, among other things, all membership subscription-related materials), ensuring that materials posted on your site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights), and ensuring that materials posted on your site are not libelous or otherwise illegal. We disclaim all liability for these matters. Further, you will indemnify and hold us harmless from all claims, damages, and expenses (including, without limitation, attorneys’ fees) relating to the development, operation, maintenance, and contents of your site.

9. Term of the Agreements
The term of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either party. Either party may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. You are only eligible to earn commissions on sales of qualifying membership subscriptions occurring during the term of this agreement, and fees earned through the date of termination will remain payable only if the related orders are not canceled or returned. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid.

10. Modification
We may modify any of the terms and conditions contained in this Agreement, at any time, without prior notice and in our sole discretion, by posting a change notice or a new agreement on our site. Modifications may include, for example, changes in the scope of available commissions, payment schedules, payment procedures, and Program rules. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.

11. Relationship of Parties
You and we are independent contractors, and nothing in this agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section.

12. Limitation of Liability
We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total commissions paid or payable to you under this Agreement.

13. Disclaimers
We make no express or implied warranties or representations with respect to the program or any membership subscriptions sold through the program (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.

14. Independent Investigation
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.

15. Miscellaneous
This Agreement will be governed by the laws of the United States and the State of New York, without reference to rules governing choice of laws. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement