LyveBee, Inc.’s Terms of Use

Last Updated January 20, 2020

This Terms of Use and Sales Agreement (hereinafter the Agreement or the Terms of Use) sets forth the standards of use of LyveBee.com (hereinafter the Site), which is owned by LyveBee, Inc., of 1999 South Bascom Avenue, Suite 700, Campbell, CA 95008. By using the Site, you agree to the terms of this Agreement. Your use and continued use of the Site is strictly governed by this Agreement.

If you do not agree to the terms and conditions of this Agreement, you should immediately cease all usage of the Site. Your continued use of the Site after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this Agreement without prior notice. Modifications shall become effective immediately upon being posted at LyveBee.com. Except as provided in this paragraph, this Agreement may not be amended.

1. Definitions

A. A user is someone who accesses, browses, crawls, scrapes, interacts with, or in any way uses the Site. The term user also refers to those individuals, businesses, and other entities offering advice, information, or other expertise (hereinafter collectively referred to as “Consultants”) on the Site, as well as those individuals, businesses, and other entities seeking advice, information, or other expertise from Consultants (and hereinafter collectively referred to as “Customers” or “Clients”) on the Site. The terms you and your refer to you, as users, Consultants, Customers or Clients. The terms we, us, our, and LyveBee.com, refer to LyveBee, Inc.

B. Content means text, images, photos, audio, video, and all other forms of data or communication. Your Content means Content that you submit or transmit to or through the Site, such as any information that you display as part of your right to access this Site. User Content means Content that users submit or transmit to or through the Site. LyveBee.com Content means Content that we create and make available on the Site. Third Party Content means Content that is made available on the Site by parties other than LyveBee, Inc. or its users, such as data providers who license data to LyveBee, Inc. for use on the Site. Site Content means all of the Content that is made available on the Site, including your Content, user Content, Third Party Content, and LyveBee, Inc. Content.

2. Eligibility

You must be at least 13 years old to use the Site. Individuals 12 years old and younger are prohibited from using the Site. If you use the Site on behalf of a company, entity, or organization, you must be an authorized representative with the authority to bind it to the Agreement (which authority you hereby exercise).

3. Changes to the Agreement

We may modify this Agreement from time to time. When changes are made, we will notify you by making the revised version available on this webpage and will indicate at the top of this page the date that revisions were last made. You should revisit this Agreement on a regular basis as revised versions will be binding on you. Any such modification will be effective upon our posting of new Terms of Use. Your continued use of the Site after any posted modification to the Agreement indicates your acceptance of the modification.

4. User Accounts

To use some of the features on the Site, you will be required to create an account and provide information about yourself to us. You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason. There are two types of accounts:

A. An Individual Account is an account for your individual use only. In creating an Individual Account, we ask that you provide complete and accurate information about yourself to bolster your credibility as a contributor to and user of the Site. You may not impersonate someone else (e.g. adopt the identity of a celebrity, your next-door neighbor, a stranger, or a fictional persona), provide an email address other than your own, or create multiple Individual Accounts.

B. A Business Account is an account to be used solely for the purpose of representing your business on the Site. 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, including a photo of yourself to be displayed in connection with your Business Account. You may not provide an email address that is not your own or create multiple Business Accounts for the same business.

5. Use of the Site

We grant you permission to use the Site subject to the restrictions in these Terms of Use. In using the Site, you may be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate. LyveBee.com does not endorse such Content, cannot vouch for its accuracy, and cannot be held responsible for such Content.

6. Restrictions on Use

You agree that you will not, and will not assist or enable others to:

A. Use the Site to threaten, stalk, defraud, incite, harass, or advocate the harassment of another person, or otherwise interfere with another user;
B. Use the Site to submit or transmit spam, chain letters, contests, junk email, pyramid schemes, surveys, or other mass messaging, whether commercial in nature or not;
C. Use the Site for promotional or commercial purposes other than those specified in this Agreement, except as expressly allowed in writing by LyveBee.com;
D. Use the Site in a manner that may create a conflict of interest, such as trading reviews with other business owners or writing or soliciting fake, fraudulent, or inauthentic reviews;
E. Use the Site for keyword spamming or to otherwise attempt to manipulate natural search results;
F. Use the Site to promote bigotry or discrimination against other individuals or groups;
G. Use the Site to violate any third-party right, including any breach of confidence, copyright, trademark, patent, trade secret, privacy right, right of publicity, or any other intellectual property or proprietary right;
H. Use the Site to submit or transmit illegal content or any such content that may be pornographic, graphic, offensive, or otherwise inappropriate;
I. Use the Site to solicit personal information from minors;
J. Use the Site or to harm or threaten to cause harm, offend, cause offense, injure, or cause injury to any person or organization;
K. Use the Site in violation of the Terms of Use or any applicable law;
L. Modify, adapt, appropriate, reproduce, distribute, translate, or create derivative works or publicly display, sell, trade, or in any way exploit the Site or Site Content (other than your Content), except as expressly authorized by LyveBee.com;
M. Reverse engineer any portion of the Site;
N. Remove or modify any copyright, trademark or other proprietary rights notice on the Site or on any materials printed or copied off of the Site;
O. Record, process, or mine information about other users;
P. Use site search/retrieval application, process or means to access, retrieve, scrape, or index the Site or any Site Content;
Q. Access, retrieve or index the Site for purposes of constructing or populating a searchable database of business reviews;
R. Reformat or frame any portion of the Site;
S. Take any action that imposes, or may impose, an unreasonable or disproportionately large load on the technology infrastructure on LyveBee.com;
T. Attempt to gain unauthorized access to the Site, user accounts, computer systems or networks connected to the Site through hacking, password mining or any other means;
U. Use the Site or any Site Content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, Viruses); use any device, software or routine that interferes with the proper working of the Site, or otherwise attempt to interfere with the proper working of the Site; make excessive traffic demands; use the Site 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 Site or Site Content; remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use of Site Content, or features that enforce limitations on the use of the Site;
V. Use the Site to facilitate the payment or transfer of funds to, from, or through countries or territories where such financial transactions would otherwise be prohibited by national or international law or regulation;
W. Use the Site or any Site Content or take any action that constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national, or international law.

LyveBee reserves the right to refuse access to the site or its services to any individual or business, either due to violation of one or more of the aforementioned restrictions, or at LyveBee’s discretion.

7. Forfeit of Payment

Consultants who misuse the Site may forfeit the right to payment for consultations associated with unlawful or suspicious activities. In the event that any user engages in unlawful or otherwise prohibited or restricted activity on or through the Site, or engages in activities or a pattern of behavior that raises a reasonable suspicion that LyveBee’s services are being used for the purposes of unlawful or otherwise prohibited or restricted activity, LyveBee reserves the right to return any monies transferred by a Customer, and knowingly or inadvertently intended to consummate such a transaction, to that Customer.

8. Responsibility for Your Content

You alone are responsible for your Content. You assume all risks associated with Your Content, including anyone’s reliance on its accuracy, safety, completeness or usefulness, or any disclosure by you of information in your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use, and authorize the use of, your Content as described herein. You may not imply that your Content is in any way sponsored or endorsed by LyveBee.com.

9. Permission to Use Your Content

We may use your Content in a number of different ways, including displaying it on the Site, reformatting it, incorporating it into other works, promoting it, distributing it, and allowing others to do the same in connection with their own websites. As such, you irrevocably grant us permission to use your Content for any such purpose. You also irrevocably grant the Site’s users and the users of any websites the right to access your Content in connection with their use of the Site and any website. Finally, you irrevocably waive, and cause to be waived, any claims and assertions of intellectual or creative rights or attribution with respect to your Content.

10. Liability for Use

You understand and acknowledge that you may expose yourself to liability if, for example, your Content violates any third-party right, including any copyright, trademark, patent, trade secret, 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. You further understand and acknowledge that any liability to you resulting from your use of the Site will not extend to or be assumed by LyveBee.com.

11. Further Use of Content

We may remove or reinstate User Content from time to time at our sole discretion. For example, we may remove a review if we believe it violates our content guidelines. We do we guarantee any confidentiality with respect to Your Content.

12. Advertisements

LyveBee.com and its licensees may display advertisements and other information adjacent to or included with your Content on the Site and other websites. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.

13. Declaration of Website Owner of Copyrights, Trademarks and Patents

The content included on this website, such as text, graphics, logos, icons, images, audio clips and software, is the exclusive property of LyveBee, Inc., and protected by U.S. and international copyright laws. Any software used on this site is the property of LyveBee, Inc., or its software suppliers and protected by U.S. and international copyright laws. The content and software on the Site may be used as a learning resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on the Site is strictly prohibited.

14. Trademarks

LyveBee.com is a registered trademark of LyveBee, Inc. LyveBee, Inc., trademarks may not be used in connection with any product or service that does not belong to LyveBee, Inc., in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits LyveBee, Inc.

15. Notice and Procedure for Making Claims of Copyright

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide LyveBee.com the written information specified below. Please note that this procedure is exclusively for notifying LyveBee.com and its affiliates that you believe your copyrighted material has been infringed. A. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; B. A description of the copyrighted work that you claim has been infringed upon; C. A description of where the material that you claim is infringing is located on the site; D. Your address, telephone number, and e-mail address; E. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; F. A statement by you made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

16. Notification of Claimed Copyright Infringement

Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, LyveBee.com designates the following individual as its agent for receipt of notifications of claimed trademark and/or copyright infringement: Madhavi Deshmukh, 1999 South Bascom Avenue, Suite 700, Campbell, CA.

17. Site Availability

We reserve the right to modify, update, or discontinue the Site at our sole discretion, at any time, for any or no reason, and without notice or liability.

18. Unauthorized Access

We reserve the right to exercise whatever lawful means we deem necessary to prevent unauthorized access to or use of the Site, including, but not limited to, technological barriers, IP mapping, and contacting your Internet Service Provider (ISP) regarding such unauthorized use.

19. Investigations

We are under no obligation to monitor the Site or Site Content. However, we reserve the right to investigate possible violations of the Terms of Use, block users from the Site, and refer matters to law enforcement authorities for further investigation. We may disclose information to third parties, including your Content, in accordance with the privacy policy posted here.

20. Feedback

A. Dissatisfaction. If you are dissatisfied with the Site, please provide feedback at support@LyveBee.com or by mail at 1999 South Bascom Avenue, Suite 700, Campbell, CA. Your only other remedy with respect to any dissatisfaction with (i) the Site, (ii) the Terms of Use, (iii) any policy or practice of LyveBee, Inc., in operating the Site, or (iv) any content or information transmitted through the Site, is to terminate the Terms of Use and your account.
B. Suggestions and Improvements. By sending us any ideas, suggestions, documents or proposals (Feedback), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, publish, distribute and sublicense the Feedback.

21. Termination

A. We may terminate or suspend your account or ability to use the Site, in whole or in part, at our sole discretion, for any or no reason, and without notice or liability of any kind. For example, we may terminate or suspend your account or ability to use the Site if you breach the Terms of Use or are suspected of involvement in illegal activity. Any such termination or suspension could prevent you from accessing your account, the Site, your Content, Site Content, or any other related information. B. You may terminate the Terms of Use at any time by closing your account, discontinuing your use of any and all parts of the Site, and providing LyveBee.com with a notice of termination by email at support@LyveBee.com or by mail at 1999 South Bascom Avenue, Suite 700, Campbell, CA. If you close your account, we will use commercially reasonable efforts to stop displaying your account profile on the Site, but may continue to display your Content where it implicates other users (e.g., comments or messages that you have sent to other users and reviews that you have posted to the Site).

22. Ownership

LyveBee, Inc., owns the Site, including but not limited to visual and interactive features, graphics, design, compilations, computer codes, products, software, and all other elements and components of the Site inclusive of User Content and Third Party Content.

23. Warranties, Disclaimers, and Limitations of Liability

LyveBee, Inc., owns the Site, including but not limited to visual and interactive features, graphics, design, compilations, computer codes, products, software, and all other elements and components of the Site inclusive of User Content and Third Party Content. A. The site and all site content is made available to you on an “as is” basis. Lyvebee, Inc., makes no warranties, representations, or conditions of any kind, express, statutory or implied as to (1) the operation and functionality of the site, (2) the accuracy, integrity, completeness, quality, legality, usefulness, safety, and IP rights of any of the site content, including but not limited to the services rendered on the site by Consultants and the accuracy of business reviews and business information listed on the site, and (3) the products and services associated with the site or site content, including but not limited to the products and services sold by businesses listed on the site. Lyvebee, Inc., 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 Lyvebee, Inc., or the site shall create any warranty, representation, or condition not expressly stated herein. The services provided by LyveBee, Inc. through LyveBee, Inc., are limited to providing the connector services via the internet between customer and consultant. Any content, opinions, advice or information provided on this Website are for informational purposes only. LyveBee, Inc., does not warrant the accuracy, safety, completeness or quality of any information contained on the Site or on any other websites owned or maintained by Consultants or third parties. This website should not be used as an alternative to treatment by a licensed practitioner. B. Lyvebee, Inc., disclaims all liability for any (a) indirect, special, incidental, punitive, exemplary, reliance, or consequential damages, (b) loss of profits, (c) business interruption, (d) loss of or damage to reputation of Lyvebee, Inc., or any third party, or (e) loss of information or data. C. Lyvebee, Inc., further disclaims all liability for any loss or damage arising out of your use of the Site and Site Content. Your use of the Site and Site Content is at your own discretion and risk, and you will be solely responsible for any resulting loss or damage, including but not limited to any loss of data or damage to your computer from viruses that may be downloaded to your computer in the course of using the site. D. Lyvebee, Inc., also disclaims all liability for any loss or damage arising out of your communications or dealings with any of the businesses, advertisers, or users on the site. Your communications or dealings with such businesses, advertisers, and users are solely between you and them, though Lyvebee, Inc., reserves the right to monitor disputes between you and them. You expressly agree that the information provided on this website and the services, or Lyvebee, Inc.’s inability to provide the services, is at your sole risk. Some jurisdictions do not allow the exclusion of certain warranties, 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. Maximum aggregate liability to you for any cause whatsoever, and regardless of the form of action (whether such liability arises due to negligence, breach of contract, misrepresentation or for any other reason), will at all times be limited to the greater of (i) the amount paid, if any, by you to Lyvebee, Inc., in connection with the site in the 12 months prior to the action giving rise to liability, or (ii) $100.00.

Furthermore, although LyveBee provides a means for Consultants to interact with Customers, LyveBee makes no warrants nor provides any guarantees that Consultants will be contacted by Customers, nor that Consultants will reap any monetary gains from or through LyveBee or its services.

24. Indemnity

You agree to indemnify and hold LyveBee, Inc., 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, liabilities and legal 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 Site, (ii) your violation of the Terms of Use, 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. LyveBee, Inc., 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 LyveBee, Inc. LyveBee, Inc., will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

25. Email Notifications

You may receive notifications and updates from time to time from LyveBee.com. If you wish to unsubscribe from email notifications, you may do so by sending an email to support@LyveBee.com or by modifying your preferences in the emails you receive. Please note, however, that important account-related and security-related information will continue to be sent to you even if you unsubscribe from all other notifications.

26. Third Parties

The Site may include links to other websites (a Third Party Site). We do not control or endorse any Third Party Site, and you agree that we are not responsible for the availability or contents of such Third Party Sites.

27. No Waiver

The failure of either party to abide by these terms of use or to insist upon the performance of any of the terms and conditions of these terms of use, or the waiver of any breach of any of the terms and conditions of these Terms of Use, shall not be construed as subsequently waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred.

28. Governing Law

These Terms of Use shall be governed by, construed, and enforced in accordance with the laws of the State of Delaware, United States of America. Further, by use of this site, whether nationally or internationally, all users agree to subject themselves exclusively to the laws of the United States of America with regard to any litigation which might arise from engaging with the Site.

29. Notices

Any notice provided for or concerning these Terms of Use shall be in writing and shall be deemed sufficiently given when sent by certified or registered mail if sent to the respective address of each party as set forth at the beginning of these Terms of Use.

30. Mandatory Arbitration

Any dispute under these terms of use shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect.

31. Entire Agreement

These Terms of Use shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of these Terms of Use shall not be binding upon either party except to the extent incorporated in these terms of use.

32. Modification of Agreement

Any modification of these terms of use or additional obligation assumed by either party in connection with these Terms of Use shall be binding only if made in accordance with Paragraph 3 above or if placed in writing and signed by each party or an authorized representative of each party.

33. Assignment of Rights

The rights of each party under these terms of use are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party.