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Home > Terms and Conditions
Terms and Conditions
GetBeezy Terms of Service Last Updated on May 15th, 2009 By accessing, browsing, crawling, scraping or in any way using any other the following websites located at www.FindMeSpecials.com, www.FindMeEvents.com, www.FindMeSpots.com and www.GetBeezy.com (the "Sites"), you agree to these Terms of Service, the privacy policy posted at (as posted at www.getbeezy.com/privacy_policy) (the "Privacy Policy"), and any other guidelines, rules, and additional terms referenced herein (collectively the "Terms of Service"). Please read the Terms of Service carefully. Your access to or use of the Sites constitutes your acceptance of the Terms of Service. If you are unwilling to be bound by the Terms of Service, do not access or use the Sites. PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED. Definitions. A "User" is anyone who accesses, browses, crawls, scrapes, or in any way uses the Sites, including but not limited to you and others who may read or write reviews about local businesses listed on the Sites. The "Services" means the services and functionality made available to Users on the Sites. "Content" means information, compilations, communications, images, photographs, graphics, audio, and videos. "Your Content" means Content that you submit, post, or transmit to, or using, the Sites, including but not limited to the ratings, reviews, public photos, pages, chapters, information that you display as part of your account profile, invitations, or other commentary that you may submit, post, or transmit to, or using, the Sites. Your Content does not include personally identifiable information that you submit when creating an account on the Sites (which personal information is subject to our Privacy Policy). "User Content" means the Content that any User of the Sites may submit, post, or transmit to, or using, the Sites, including but not limited to Your Content. "GetBeezy Content" means Content that is created by GetBeezy, LLC. ("GetBeezy") and made available on the Sites. "Third Party Content" means Content that is made available on the Sites by parties other than GetBeezy or the Users, including but not limited to data providers who license data to GetBeezy for use on the Sites. "Sites Content" means all of the Content that is made available on the Sites, including Your Content, User Content, Third Party Content, and GetBeezy Content. Unless otherwise specified, the terms "includes", "including", "e.g.,", "for example", and other similar terms are deemed to include the term "without limitation" immediately thereafter. Terms used in these Terms with the initial letter(s) capitalized will have the meaning attributed to them in these Terms. Eligibility. You must be at least 18 years old. In addition, you may not use the Services or accept the Terms of Service if (i) you are not of legal age to form a binding contract, or (ii) you are prohibited by law from receiving or using the Services. By accessing or using the Sites, you represent and warrant that you have the right, authority, and capacity to enter into the Terms of Service and to abide by all of the terms and conditions set forth herein. If you access or use the Sites on behalf of a company, entity, or organization, you represent and warrant that you are an authorized representative of such company, entity, or organization with the authority to bind it to the Terms of Service. Changes to the Terms of Service or the Sites. The Terms of Service may be modified by GetBeezy at any time. When these changes are made, GetBeezy will notify you by making a new copy of the Terms of Service available on this page and will indicate at the top of this page the date these terms were last revised. Any such modification will be effective upon GetBeezy's posting of new Terms of Service. Your continued use of the Sites after any posted modification to the Terms of Service indicates your acceptance of the modification. Unless expressly stated otherwise by GetBeezy, any new Services or Sites Content implemented after your initial access to the Sites shall be subject to the Terms of Service. User Accounts. To access or use some of the Services, you may be required to register on the Sites by creating an account and providing information about yourself to GetBeezy. You are solely responsible for maintaining the confidentiality of any passwords that you create in connection with the Sites, and are solely responsible for all activities that occur in connection with your account. You agree to notify GetBeezy immediately of any unauthorized use of your account. GetBeezy reserves the right to close your account at any time for any or no reason. There are two types of accounts: A "Personal Account" is an account for your personal, non-commercial use only, and may be used (among other things) to submit, post, and transmit reviews, ratings, messages, compliments, invitations, commentary, photographs, pages, chapters, and other types of User Content. In creating or updating a Personal Account, we ask that you provide complete and accurate information about yourself in order to bolster your credibility as a contributor to the Sites, though you may instead choose not to provide information that makes you personally identifiable. Notwithstanding the foregoing, you may not impersonate someone else (e.g., adopt the identity of a celebrity or your next-door neighbor), provide an email address that is not your own, or create multiple Personal Accounts. A "Business Account" is an account for use on the Sites as a representative of a business that is listed on the Sites. In creating or updating a Business Account, you must be an authorized representative of the business in question, and you must provide complete and accurate information about yourself and the business you represent. You may not provide an email address that is not your own or create multiple Business Accounts for the same business. An “Entertainor Account” is an account for use on the Sites as a representative of a certain entertainment entity such as but not limited to a band, comedian, live performer, and artists of any sort. . In creating or updating an Entertainor Account, you must be an authorized representative of the entity in question, and you must provide complete and accurate information about yourself and the entity you represent. You may not provide an email address that is not your own or create multiple Entertainor Accounts for the same business. Use of the Sites. Subject to the restrictions set forth herein, GetBeezy grants you permission to access and use the Services, including but not limited to the ability to: (a) search for local business and services, (b) read, write, and share reviews about local businesses and entities, (c) announce local events, (d) post messages on talk boards, (e) send messages to other Users, and (f) invite people you know to register with GetBeezy. More broadly speaking, the Sites allows Users to submit, post, and transmit reviews, ratings, messages, invitations, commentary, photographs, and other types of User Content. You will be exposed to User Content and Third Party Content. You understand that User Content and Third Party Content may be offensive, indecent, inaccurate, objectionable, or otherwise inappropriate. GetBeezy does not endorse User Content or Third Party Content, including but not limited to the opinions, recommendations, or advice expressed therein. Restrictions on Use. You understand the Services and the Sites are available for your personal, non-commercial use only. You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Services will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material. In addition, you agree that you will not (and will not permit others to)use the Services or the Sites to: use the Sites to threaten, stalk, defraud, incite, harass, or advocate the harassment of another person, or otherwise interfere with a User's enjoyment of the Sites; upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of GetBeezy, is objectionable, or which may expose GetBeezy or its users to any harm or liability of any type; use the Sites to transmit or post spam, chain letters, contests, junk email, pyramid schemes, surveys, or other mass messaging, whether commercial in nature or not, or any unsolicited emails or other unsolicited communications for that matter; use the Sites for promotional or commercial purposes, unless expressly allowed to do so by GetBeezy; use the Sites in a manner that creates the appearance of a conflict of interest, including trading reviews with other business owners and writing or soliciting shill reviews; use the Sites to promote bigotry or discrimination against protected classes or upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable; use the Sites to violate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; use the Sites to transmit or post illegal materials, including material that is pornographic or obscene; use the Sites in connection with the solicitation of personal information from minors, or solicit passwords or personally identifying information for commercial or unlawful purposes; use the Sites in violation of the Terms of Service or any applicable local, state, national or international law; upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law; modify, adapt, appropriate, reproduce, distribute, translate, create derivative works of, publicly display, sell, trade, or in any way exploit the Sites, the Services, or any of the Sites Content (other than Your Content), except as expressly authorized by GetBeezy; reverse engineer any portion of the Sites; remove any copyright, trademark or other proprietary rights notices contained on the Sites or in any Sites Content; collect or record information about Users; use any robot, spider, Sites search/retrieval application, or other automated device, process or means to access, retrieve or index any Sites Content or information from the Sites, or use automated scripts to collect information from or otherwise interact with the Service or the Sites; access, retrieve or index any portion of the Sites for purposes of constructing or populating a searchable database of business reviews; reformat or frame any portion of the Sites; take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on GetBeezy's technology infrastructure, or use the Services or the Sites in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Sites; attempt to gain unauthorized access to the Sites, User accounts, computer systems or networks connected to the Sites through hacking, password mining or any other means; use the Sites or any Sites Content to transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature; use any device, software or routine that interferes with the proper working of the Sites, or otherwise attempt to interfere with the proper working of the Sites; use the Sites to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Sites or any Services or Sites Content; remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Sites, features that prevent or restrict the use or copying of Sites Content, or features that enforce limitations on the use of the Sites; upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; upload, post, transmit, share, store or otherwise make available any videos other than those of a personal nature that: (i) are of you or your friends, (ii) are taken by you or your friends, or (iii) are original art or animation created by you or your friends; register for more than one User account, register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity; impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity; upload, post, transmit, share, store or otherwise make publicly available on the Sites any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers; or use or attempt to use another's account, service or system without authorization from the Company, or create a false identity on the Service or the Sites. Trademarks. GETBEEZY, PATHCROSSER, BEEZNESS, and other GetBeezy graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress of GetBeezy in the U.S. and/or other countries. GetBeezy's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the GetBeezy. Licenses. You hereby grant GetBeezy and its affiliates a worldwide, non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable, fully sublicensable, and fully transferable license to use, reproduce, distribute, modify, adapt, prepare derivative works of, incorporate into other works, display, perform, and otherwise exploit Your Content for any purpose, including without limitation promoting and redistributing part or all of the Sites (and derivative works thereof) in any media formats and through any media channels now known or later developed ("Downstream Distributions"). You also hereby grant Users and users of any Downstream Distributions a non-exclusive license to access, use, reproduce, distribute, display, and perform Your Content for their personal, noncommercial use in connection with their use of the Sites and any Downstream Distributions, as expressly permitted by the functionality of the Sites and any applicable Downstream Distribution, and the Terms of Service and terms of use of any applicable Downstream Distribution. In addition, you grant GetBeezy, its affiliates, and their respective sublicensees the right to associate and display your account name with Your Content. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to Your Content. Responsibility for Your Content. You are solely responsible for Your Content. You assume all risks associated with use of Your Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure by you of information in Your Content that makes you personally identifiable. You hereby affirm, represent, and warrant that you own, or have the necessary licenses, rights, consents, and permissions to use, and authorize GetBeezy to use, Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by GetBeezy. Because you alone are responsible for Your Content (and not GetBeezy), you may expose yourself to liability if, for example, Your Content violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is false, intentionally misleading, or defamatory; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation. Use of Your Content. GetBeezy makes no representations that it will publish or otherwise use Your Content in any way. GetBeezy may or may not use Your Content in its sole discretion. You understand that GetBeezy does not guarantee any confidentiality with respect to Your Content. GetBeezy has no obligation to store or provide you with copies of Your Content. GetBeezy reserves the right (but has no obligation) to remove or suppress User Content from the Sites at its sole discretion for any or no reason and without notice or liability of any kind, including without limitation, the suppression or removal of User Content that GetBeezy deems untrustworthy or in violation of the Terms of Service or guidelines for reviews, photos, or talk threads (as posted at http://www.GetBeezy.com/faq). GetBeezy and its licensees may display advertisements and other information adjacent to or included with Your Content on the Sites and any Downstream Distributions. You agree that you are not entitled to any compensation for any such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you. United States of America Phone: (828) 645-6333 Email to: legal@GetBeezy.com The Designated Agent should only be contacted in connection with the issues raised in this Section. Copyright Dispute Policy. GetBeezy has adopted the following policies and procedures toward copyright infringement in accordance with Title 17, United States Code, Section 512(c), which is part of the Digital Millennium Copyright Act ("DMCA"). The address of GetBeezy's Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") is provided at the bottom of this section. It is GetBeezy's policy to (i) respond to notices of alleged copyright infringement that comply with the DMCA; and (ii) terminate the accounts of those who GetBeezy determines to be "repeat infringers". Procedure for Reporting Copyright Infringements. If you are a copyright owner or agent thereof, and believe that your copyright is being infringed in connection with the Sites, please send a written notification to the Designated Agent detailing the alleged infringement. Your written notification must include: Identification of the copyrighted work that you claim has been infringed; Identification of the content on the Sites that allegedly infringes upon the copyrighted work at issue, and information reasonably sufficient to permit GetBeezy to locate such content on the Sites; A statement by you that you have a good faith belief that the use of the content identified in your notice in the manner complained of is not authorized by the copyright owner, its agent, or the law; A statement by you that you attest, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and Your physical or electronic signature, together with your contact information (address, telephone number and, if available, email address). Please note that GetBeezy may, at its sole discretion, send a copy of such notices to third-parties for publication. Please note that you may be subject to liability under Section 512(f) of the DMCA if you materially misrepresent that content on the Sites infringes your copyright. In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Company has adopted a policy of terminating, in appropriate circumstances and at Company's sole discretion, members who are deemed to be repeat infringers. Company may also at its sole discretion limit access to the Sites and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. Procedure to Supply a Counter-Notice to the Designated Agent. If you believe that content has been mistakenly removed from the Sites pursuant to this DMCA policy, you may send a written counter-notice to the Designated Agent including the following: Identification of the content that was removed, and the location on the Sites where it would have been found prior to its removal; A statement under penalty of perjury that you have a good faith belief that the content was removed as a result of a mistake or misidentification; A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is located outside the United States, for any judicial district in which GetBeezy is located, and that you will accept service of process from the person who provided notification under 512(c)(1)(C) or an agent of such person; and Your physical or electronic signature, together with your contact information (address, telephone number and, if available, email address). Address for Designated Agent. Please contact GetBeezy's Designated Agent at the following address: Wally Taft Copyright Agent, GetBeezy, LLC 2 Main St. Suite 23 Weaverville, NC 28787 Availability of Service. GetBeezy reserves the right (but is under no obligation) to modify, update, or discontinue the Sites or any of the Services at its sole discretion, at any time, for any or no reason, and without notice or liability. Unauthorized Access. GetBeezy reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized access to or use of the Sites, including, but not limited to, technological barriers, IP mapping, and contacting your Internet Service Provider (ISP) regarding such unauthorized use. Investigations. GetBeezy, in its sole discretion, may (but has no obligation to) monitor or review the Services and Sites Content at any time. If GetBeezy becomes aware of any possible violations by you of the Terms of Service or any law or third party right, GetBeezy reserves the right to investigate such violations. If, as a result of such investigation, GetBeezy believes that criminal activity has occurred, GetBeezy reserves the right to refer the matter to, and to cooperate with, any and all applicable law enforcement authorities. Except to the extent prohibited by applicable law, GetBeezy is entitled to disclose any information or Sites Content, including Your Content, in GetBeezy's possession in connection with your use of the Services to (i) comply with applicable law, legal process or governmental request, (ii) enforce the Terms of Service, (iii) respond to any claims that Your Content violates the Terms of Service or any law or third party right, (iv) respond to your requests for customer services, or (v) protect the rights, property or personal safety of GetBeezy, its Users or the public, and law enforcement or other government officials, as GetBeezy in its sole discretion believes to be necessary or appropriate. Feedback. Dissatisfaction. If you are dissatisfied with the Sites, please let us know by providing feedback using the “Beta Feedback” button on the left nav. Your input is valuable to us. Your only other remedy with respect to any dissatisfaction with (i) the Sites, (ii) the Terms of Service, (iii) any policy or practice of GetBeezy in operating the Sites, or (iv) any content or information transmitted through the Sites, is to terminate the Terms of Service and your account. Suggestions and Improvements. By submitting ideas, suggestions, documents and/or proposals ("Feedback") to GetBeezy through its suggestion, feedback, forum or similar web pages, you acknowledge and agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) GetBeezy is not under any obligation of confidentiality, express or implied, with respect to the Feedback, (iii) GetBeezy, in its discretion, shall be entitled to use and disclose such Feedback for any purpose, in any way, in any media worldwide, (iv) GetBeezy may have something similar to the Feedback already under consideration or in development, (v) the Feedback automatically becomes GetBeezy's property without any obligation to you, and (vi) you are not entitled to any compensation or reimbursement of any kind from GetBeezy under any circumstances. Termination GetBeezy reserves the right (but is under no obligation) to terminate or suspend your account or your ability to use the Sites, in whole or in part, at GetBeezy's sole discretion, for any or no reason, and without notice or liability of any kind. Termination of your account may include: (i) removal of access to all offerings within the Services; (ii) deletion of your password and all related information, files and materials associated with or inside your account (or any part thereof), including Your Content; and (iii) barring of further use of the Services. You agree that GetBeezy shall not be liable to you or any third party for any termination of your account, or access to the Sites, Services and Materials, including Your Content. You may terminate the Terms of Service at any time by closing your account, discontinuing your use of any and all parts of the Sites, and providing GetBeezy with a notice of termination to email address: accounts@getbeezy.com. The Terms of Service will continue to apply until terminated by either you or GetBeezy. Sections 7, 9, 10, 14, 15, 16, 17, 18, 19, 20 and 22 shall survive any termination of this Agreement. When we are notified that a user has died, we will generally, but are not obligated to, keep the user's account active under a special memorialized status for a period of time determined by us to allow other users to post and view comments Ownership. GetBeezy owns the GetBeezy Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate user review ratings, and all other elements and components of the Sites excluding User Content and Third Party Content. GetBeezy also owns the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights (the "IP Rights") associated with the GetBeezy Content and the Sites, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works of, publicly display or in any way exploit, any of the GetBeezy Content in whole or in part except as expressly authorized by GetBeezy. Except as expressly and unambiguously provided herein, GetBeezy does not grant you any express or implied rights, and all rights in and to the Sites and the GetBeezy Content are retained by GetBeezy. Disclaimers. THE Sites AND ALL Sites CONTENT IS MADE AVAILABLE TO YOU ON AN "AS IS" BASIS. GETBEEZY MAKES NO WARRANTIES, REPRESENTATIONS, OR CONDITIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO (1) THE OPERATION AND FUNCTIONALITY OF THE Sites, (2) THE ACCURACY, INTEGRITY, COMPLETENESS, QUALITY, LEGALITY, USEFULNESS, SAFETY, AND IP RIGHTS OF ANY OF THE Sites CONTENT, INCLUDING BUT NOT LIMITED TO THE ACCURACY OF BUSINESS REVIEWS AND BUSINESS INFORMATION LISTED ON THE Sites, AND (3) THE PRODUCTS AND SERVICES ASSOCIATED WITH THE Sites OR Sites CONTENT, INCLUDING BUT NOT LIMITED TO THE PRODUCTS AND SERVICES SOLD BY BUSINESSES LISTED ON THE Sites. GETBEEZY FURTHER DISCLAIMS ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, THAT YOU OBTAIN FROM GETBEEZY OR THE Sites SHALL CREATE ANY WARRANTY, REPRESENTATION, OR CONDITION NOT EXPRESSLY STATED HEREIN. GETBEEZY SPECIFICALLY DISCLAIMS ALL LIABILITY RELATING TO YOUR USE OF THE Sites, SERVICES, AND Sites CONTENT. ACCESS TO, AND USE OF, THE Sites, SERVICES, AND Sites CONTENT ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM. GETBEEZY ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR SIMILAR CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE Sites OR IN CONNECTION WITH THE SERVICES. YOUR COMMUNICATIONS OR DEALINGS WITH ANY OF THE BUSINESSES, ADVERTISERS, OR USERS ON THE Sites, ARE SOLELY BETWEEN YOU AND SUCH BUSINESSES, ADVERTISERS, AND USERS. GETBEEZY IS NOT RESPONSIBLE, AND DISCLAIMS ALL LIABILITY, FOR ANY LOSS OR DAMAGE ARISING OUT OF ANY SUCH COMMUNICATIONS OR DEALINGS. GETBEEZY RESERVES THE RIGHT (BUT HAS NO OBLIGATION) TO MONITOR DISPUTES BETWEEN YOU AND SUCH BUSINESSES, ADVERTISERS, AND USERS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, REPRESENTATIONS, OR CONDITIONS, THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU RESIDE IN SUCH A JURISDICTION, THE ABOVE LIMITATIONS SHALL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. The Sites and the Services may be temporarily unavailable from time to time for maintenance or other reasons. GetBeezy assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. The Company is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Sites or combination thereof, including injury or damage to User's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Service, including any Mobile Client software. Under no circumstances will the Company be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone's use of the Sites or the Service, any User Content or Third Party Applications, Software or Content posted on or through the Sites or the Service or transmitted to Users, or any interactions between users of the Sites, whether online or offline. Getbeezy reserves the right to change any and all content, software and other items used or contained in the Sites and any offered through the Sites at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Company. GETBEEZY DISCLAIMS ANY RESPONCIBILITY FOR DAMGES RESULTING FROM ONE USER ADDING ANOTHER USER ANY BEEZNESS PAGE OR SUGGESTING THAT ANY USER WAS AT A CERTAIN SPOT. USE OF the Sites IS AT YOUR OWN RISK. THE USER WHO SUBMITTED THE CONTENT, NOT GETBEEZY, WILL BE HELD ACCOUNTABLE FOR ANY REPERCUSSIONS, INCLUDING BUT NOT LIMITED TO INCONVIENCES, FROM SUCH ACTIONS. Limitation on Liability. WITHOUT LIMITING THE FOREGOING, GETBEEZY WILL NOT BE LIABLE UNDER ANY THEORY OF LAW, FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF PROFITS, BUSINESS INTERRUPTION, AND/OR LOSS OF INFORMATION OR DATA. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, GETBEEZY'S MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO GETBEEZY IN CONNECTION WITH THE Sites IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (ii) US$100.00. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IF YOU RESIDE IN SUCH A JURISDICTION, THE ABOVE LIMITATIONS AND EXCLUSIONS SHALL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. Indemnity. You agree to indemnify and hold GetBeezy, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of (i) your access to or use of the Sites or Services, (ii) your violation of the Terms of Service, or (iii) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. GetBeezy reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of GetBeezy. GetBeezy will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it. Arbitration. YOU AND GETBEEZY AGREE THAT, EXCEPT AS MAY OTHERWISE BE PROVIDED IN REGARD TO SPECIFIC SERVICES ON THE Sites IN ANY SPECIFIC TERMS APPLICABLE TO THOSE SERVICES, THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF USE, THE Sites AND/OR THE SERVICE (INCLUDING YOUR VISIT TO OR USE OF THE Sites AND/OR THE SERVICE) SHALL BE FINAL AND BINDING ARBITRATION, except that to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party's patent, copyright, trademark or trade secret rights, or you have otherwise violated any of the user conduct rules set forth above or in the Code of Conduct then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought. Arbitration under this Agreement shall be conducted by the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA's Supplementary Procedures for Consumer Related Disputes ( the "AAA Consumer Rules") (collectively the "AAA Rules"). The location of the arbitration and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules and shall be subject to the limitations provided for in the AAA Consumer Rules (for consumer disputes). If such costs are determined to be excessive in a consumer dispute, the Getbeey will be responsible for paying all arbitration fees and arbitrator compensation in excess of what is deemed reasonable. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action or proceeding by you related in any way to the Sites and/or the Service (including your visit to or use of the Sites and/or the Service) be instituted more than three (3) years after the cause of action arose. Third Parties. The Sites Content may include links to other websites (the "Third Party Sites"). GetBeezy does not control or endorse any Third Party Sites, and you agree that GetBeezy is not responsible for the availability or contents of any Third Party Sites. The Sites's mapping feature is powered by Google Inc. Your use of the mapping feature is governed by Google Inc.'s terms of use located at http://maps.google.com/help/terms_maps.html (or such other URL as may be updated by Google Inc.). The Sites contains (or you may be sent through the Sites or the Service) links to other web Sites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Sites or any Third Party Applications, Software or Content posted on, available through or installed from the Sites, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Sites or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by us. If you decide to leave the Sites and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Sites to which you navigate from the Sites or relating to any applications you use or install from the Sites. Miscellaneous. If there is any dispute about or involving the Sites or GetBeezy, you agree that any such dispute will be governed by the laws of the State of North Carolina without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts in Wilson County, North Carolina. Some jurisdictions prohibit the use of a choice of law clause that would prevent a consumer from having recourse to courts in the consumer's local jurisdiction, so this governing law clause may not apply to you. No agency, partnership, joint venture, or employment is created as a result of the Terms of Service, and you do not have any authority of any kind to bind GetBeezy in any respect whatsoever. GetBeezy may provide you with notices, including those regarding changes to the Terms of Service by email, regular mail or postings on the Sites. Except as otherwise stated in Section 21 above, nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party. The Terms of Service contain the entire agreement between you and GetBeezy regarding the use of the Sites, and supersede any prior agreement between you and GetBeezy on such subject matter. The failure of GetBeezy to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any provision of the Terms of Service is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Service shall otherwise remain in full force and effect and enforceable. The Terms of Service are not assignable, transferable or sublicensable by you except with GetBeezy's prior written consent, but may be assigned or transferred by GetBeezy without restriction. Any assignment attempted to be made in violation of the Terms of Service shall be void. The section titles in the Terms of Service are for convenience only and have no legal or contractual effect. Contact and Violations. Please contact us with any questions regarding the Terms of Service. Please report any violations of the Terms of Service to our legal department at legal@getbeezy.com. Marks. GetBeezy and the GetBeezy logo including the "Beezy Bee" symbol are proprietary service marks of GetBeezy, LLC. Privacy. We care about the privacy of our users. Please see our Privacy Policy (as posted at www.getbeezy.com/privacy_policy). By using the Sites or the Service, you are consenting to have your personal data transferred to and processed in the United States.