TERMS OF SERVICE

1. Introduction

Welcome to BeeBettor Inc. (referred to in these terms as “we”, “our” and “us”)!

These Terms of Service (“Terms”, “Terms of Service”) constitute a legal agreement between BeeBettor and you (together with BeeBettor, the “Parties” and each a “Party”) and govern your use of https://beebettor.com (the “Website”), our odds data, data feeds, and any other services, content, materials, features, or functionality provided through the Website or mobile application (together the “Services”).

By using our Services, including the Website, you acknowledge that you have read and understand and you agree to be bound by these Terms and our Privacy Policy (located at https://beebettor.com/privacy). The Privacy Policy is incorporated into these Terms by reference. For more information about how we collect, safeguard and disclose information that results from your use of our web pages, please read the Privacy Policy.

THIS AGREEMENT CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER. THESE TERMS CONSTITUTE A LEGAL AGREEMENT AND IMPACT YOUR LEGAL RIGHTS AND OBLIGATIONS, INCLUDING WAIVER OF RIGHTS AND LIMITS ON REMEDIES.

IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, DO NOT USE THE WEBSITE OR SERVICES. These Terms apply to all visitors, users and others who wish to access or use the Services. If you do not agree to these Terms, your sole remedy shall be to discontinue use of the Website and the Services.

You may not use the Services for any revenue-generating endeavor or commercial enterprise.

Thank you for being responsible.

BeeBettor reserves the right to change these Terms from time to time, at any time without prior notice. Any such changes will take effect when posted on the Website. The date of the latest revision to the Terms will be noted at the top of the Terms webpage after “Effective Date.” Your continued access and/or use of the Website or the Services after any such change means you accept and agree to be bound by such change. BeeBettor may notify you of any such changes; however, you agree that it will be your sole responsibility to check, review and become familiar with any and all changes.

2. Eligibility

A. No Use by Minors. You must be at least eighteen (18) years of age, or the age of majority if greater than eighteen (18) in the jurisdiction in which you reside, to open an account and to access and/or use the Services. By accessing or using the Services, you warrant and represent that you are at least eighteen (18) years of age, or the age of majority in the jurisdiction in which you reside, and that you have the full authority, right, and capacity to enter into and adhere to these Terms. If you are not at least eighteen (18) years old, or the age of majority in your jurisdiction, you are prohibited from both accessing or using the Service.

B. Location Requirements. You must be physically located in any of the fifty (50) states or Washington, D.C. to be eligible to open an account and access and/or use the Services, including the Website.

C. No Use for Cash Prizes by Employees. BeeBettor employees (“Employees”) and Immediate Family Members (an “Immediate Family Member” means any domestic partner or relative of the Employee who resides at an Employee’s residence, including but not limited to parents, grandparents, in-laws, children, siblings, and spouses) are not permitted to use the Services, including the Website, to participate in any public contests or tournaments for cash accessible through the Services, including the Website.

3. Accounts

You may establish only one account per person to participate in the Services. You must be of legal age in the jurisdiction in which you physically access the Services in order to create an account. In the event BeeBettor discovers that you have opened more than one account, in addition to any other rights BeeBettor may have against you, BeeBettor reserves the right to suspend or terminate any or all of your accounts.

When you create an account with us, you guarantee that the information you provide to us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Services.

You are responsible for maintaining the confidentiality of your account information and password, including but not limited to restricting access to your computer and/or account. Only you may use your account. You are responsible for maintaining the confidentiality of your login credentials and passwords, and you accept responsibility for all activities, charges, and damages that occur under your account. You agree that you will not permit access to your login credentials to any other person. It shall be a violation of these Terms to allow any other person to use your account to participate in or access the Services. If you have reason to believe that someone is using your account without your permission, you should contact us immediately. You agree that BeeBettor shall not be liable for any loss or damage resulting from your failure to notify us of unauthorized use.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

You may permanently close your account at any time for any reason by emailing us at admin@beebettor.com.

4. Communications

By creating an account on our Services, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link at the bottom of every communication or by emailing admin@beebettor.com.

5. Purchases

If you wish to purchase or subscribe to any product or service made available through the Services (“Purchase,” for avoidance of doubt “Purchases” is inclusive of “Subscriptions” (defined below)), you may be asked to supply certain personally identifiable information relevant to your Purchase including, without limitation, your full name, your email address, your phone number, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct, complete, and verifiable.

“Authorized Account Holder” is defined as the natural person 18 years of age or older who is assigned to an email address by an Internet access provider, on-line service provider, or other organization (e.g., business, education institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address for registration on the Website. By inputting a payment method to subscribe to the Services, the Authorized Account Holder affirms that the Authorized Account Holder is the lawful owner of the payment method account used to make any payment(s) on the Website. It shall be a violation of these Terms for any Authorized Account Holder to submit payment using any payment method that is not owned by the Authorized Account Holder.

We may employ the use of third-party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you consent to and grant us the right to provide your information to third parties subject to our Privacy Policy. When you use a third-party payment service provider to make a Purchase on our Website, the third-party payment service provider maintains primary responsibility for payment and payment related customer support. The terms between the third-party payment service provider and customers who utilize services of the third party are governed by a separate agreement and are not subject to these Terms. You are responsible for any fees or charges incurred to access third-party services. It is your responsibility to review any agreements you may have with such third-party payment service providers, and you agree that BeeBettor shall not be liable for any damages resulting from your use of such third-party payment service providers.

We will provide a confirmation email to you upon completion of a Purchase.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to product third-party service, or the Services’ availability, errors in the description or price of the product or third-party service, or the Services, errors in your order or other reasons.

We will not provide any credit to you or any customers.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected. You agree to comply with any other policies or protocols we elect to put in place as part of ongoing efforts to prevent illegal and fraudulent activities.

If you believe that your account or payment to BeeBettor for Purchases has been misallocated, compromised, or otherwise mishandled, please contact us at admin@beebettor.com with explicit details of any issues. We will use our best efforts to respond to complaints within ten (10) days.

6. Contests, Sweepstakes and Promotions

The Services may enable you to access third-party contests, sweepstakes, or promotions, (collectively, “Promotions”). Any Promotions made available through our Services are governed by the rules and terms of the third-party operator, which are separate from these Terms of Service. By participating in any Promotions, you agree that you have read, understood, are bound by, and are in compliance with the applicable third-party rules and terms. By participating in any Promotions, you further agree that you have read, understood, and are in compliance with all laws, regulations, statutes, and regulatory guidance in your jurisdiction and represent that both your entry into the Promotions and use of our Services does not violate such laws. Our Privacy Policy applies to the transmission of your information to third-parties by or in connection with your use of our Services. By using our Services to participate in a third-party Promotion, you agree that we may provide to that third-party your personal information, including full name, physical address, and other personal identifying information as may be required to verify your identity to comply with the third-parties’ ongoing fraudulent activity monitoring. You acknowledge that we do not have control over or visibility into how third-party Promotions’ operators may use your personal information and that your provision of information to these third-parties other than through our Services is solely governed by your agreement(s) with such third-party.

7. Subscriptions

Some parts of the Services are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or we cancel it. You may cancel your Subscription renewal either through your online account management page or by contacting our customer support team. We will send you a reminder two-business days of your upcoming payment for your Subscription prior to the next Billing Cycle.

A valid payment method, including credit card or PayPal, is required to process the payment for your Subscription. You shall provide us with accurate and complete billing information including full name, address, state, zip code, telephone number, and valid payment method information. You agree that you will update any such information in the event that it becomes inaccurate or incomplete. By submitting such payment information, you authorize us to charge all Subscription fees incurred through your account to such payment instruments on an automatic and recurring basis according to your Billing Cycle. Should automatic billing fail to occur for any reason, we will issue an electronic invoice indicating that you must proceed manually, within a specified deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

8. Free Trial

We may, in our sole discretion, offer a Subscription with a free trial for a limited period of time (“Free Trial”).

You may be required to enter your billing information in order to sign up for a Free Trial. If you do enter your billing information when signing up for a Free Trial, you will not be charged until the Free Trial has expired. On the last day of the Free Trial period, unless you cancel your Subscription, you automatically will be charged the applicable Subscription fees for the type of Subscription you have selected.

At any time and without notice, we reserve the right to (i) modify these Terms of Service of any Free Trial offer, or (ii) cancel any Free Trial offer. You may not sign up for multiple free trials using different identification information (names, email addresses, and identities).

9. Fee Changes

We in our sole discretion and at any time, may modify Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle. We will provide you with reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective. Your continued use of the Services after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

10. Refunds

All payments are final. Except when required by law, paid Subscription fees are non-refundable. In event of a dispute regarding the identity of the person submitting payment for a Purchase or a Subscription, the Purchase or Subscription will be deemed executed by the person in whose name the account was registered.

11. Content

Our Services are dependent on text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, computer code and other material used, displayed or available as part of the Services (“Content”). The Services allow you to post, link, store, share and otherwise make available certain Content. You are responsible for Content that you post on or through the Services, including its legality, reliability, and appropriateness.

By posting Content on or through the Services, you represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the right and license provided in these Terms, and (ii) that the posting of your Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing our rights or the rights of any third party.

You retain any and all responsibilities for any Content you submit, post or display on or through our Services and you are responsible for protecting your rights to your Content. We take no responsibility and assume no liability for Content you or any third-party posts on or through our Services. By posting Content using the Services you grant us the irrevocable, perpetual, worldwide, non-exclusive, royalty-free license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Services as we see fit and without further acknowledgment of you as the author. You agree that this license includes the right for us to make your Content available to other users of the Services, who may also use your Content subject to these Terms.

We have the right but not the obligation to monitor and edit all Content provided by users. In addition, all Content, other than user-generated Content, found on or through the Services is the property of BeeBettor Inc. or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use such content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

12. Prohibited Uses

You may use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services:

(a) In any way that violates any applicable local, state, national or international law or regulation.

(b) For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.

(c) To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.

(d) To impersonate or attempt to impersonate us, our employees, another user, or any other person or entity.

(e) In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.

(f) To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm or offend us or users of the Services or expose them to liability.

Additionally, you agree not to:

(a) Submit false, misleading, or inaccurate personal information to create an account or use the Services;

(b) Use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services;

(c) Use automated means (including but not limited to scripts, third-party tools, AI, harvesting bots, robots, parser, spiders, or screen scrapers) to interact with the Services, including the Website, in any way, including to obtain, collect, monitor, copy or access any information on the Website or of any user for any purpose;

(d) Use any manual process to monitor or copy any of the material on the Services or for any other unauthorized purpose without our prior written consent;

(e) Use any device, software, or routine that interferes with the proper working of the Services;

(f) Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful;

(g) Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services is stored, or any server, computer, or database connected to the Services;

(h) Attack the Services via a denial-of-service attack or a distributed denial-of-service attack;

(i) Take any action that may harm us or damage the Services;

(j) Otherwise attempt to interfere with the proper working of the Services;

(k) Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise;

(l) Attempt to gain unauthorized access to the Website or Services through hacking, password mining, or any other means meant to interfere with the proper working of the Website or Services;

(m) Use or access the Website or its Services from any jurisdiction or territory in which use of the Website or Services is illegal or impermissible; or

(n) Violate these Terms or any rules or policies incorporated herein, such as the Privacy Policy.

ANY ATTEMPT BY YOU OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF ANY FEATURE OF THE SERVICES IS A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, BEEBETTOR RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

By accessing the Services, including the Website or creating an account, you agree to indemnify, release and to hold harmless BeeBettor, its parents, subsidiaries, affiliates and agents, as well as the officers, directors, employees, shareholders and representatives of any of the foregoing entities (collectively, the “Released Parties”), to the full extent of the law, from any and all liability, claims, or actions of any kind whatsoever, including but not limited to injuries, damages, or losses to persons and property which may be sustained in connection with (i) your use or attempted use of the Website and/or the Services; (ii) participation in any third-party events, tournaments, or contests as accessed through the Services; (iii) your violation of these Terms or policies; (iv) any claims based on publicity rights, defamation, or invasion of privacy; and/or (vi) any of your acts that may constitute a violation or infringement of a third party’s proprietary or intellectual property rights.

BeeBettor reserves the right, and you grant BeeBettor the authority, to use and assign all information regarding your use of the Services provided by you in any manner consistent with our Privacy Policy.

BeeBettor is not responsible for any incorrect, invalid or inaccurate information provided by users of the Website or for use of the Services; human errors; technical malfunctions; failures, including public utility or telephone outages; omissions, interruptions, deletions or defects of any telephone system or network, computer online systems, data, computer equipment, servers, providers, or software (including, but not limited to software and operating systems that do not permit you to use the Services), including, without limitation, any injury or damage to you or any other person’s computer or video equipment relating to or resulting from accessing the Website or Services; inability to access the Website, or any web pages that are part of or related to the Website; theft, tampering, destruction, or unauthorized access to accounts; data that is processed late, incorrectly, or is incomplete or lost due to computer or electronic malfunction, or the Internet, or any service provider’s facilities, or any website or for any other reason whatsoever; typographical, printing or other errors, or any combination thereof.

Account holders can view their recent activity history in their account. You may request a longer history than is viewable in your account via email at admin@beebettor.com.

13. Analytics

We may use third-party service providers to monitor and analyze the use of our Services.

Google Analytics

Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Services. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network. How Google handles your information is governed by Google’s privacy policies. For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en. We also encourage you to review the Google's policy for safeguarding your data: https://support.google.com/analytics/answer/6004245. You acknowledge that we may use and consent to our use of Google Analytics and other third-party service providers we may use to monitor and analyze the use of our Services.

Amplitude

Amplitude is provided by Amplitude Inc.

For information on the privacy practices of Amplitude, please visit the Amplitude privacy web page: https://amplitude.com/privacy

14. No Personalized Advice

We are not in the business of rendering personalized financial advice. We cannot know all the relevant facts about you and your individual needs, and we cannot claim or represent that any particular game or play is suitable for you. Accordingly, you agree that any recommendation or action taken does not constitute a recommendation that a particular game or participation in a certain round of a game is suitable for you. We may partner with third parties in order to make playing our recommendations easier for you. You agree to be liable for any money you contribute toward playing any game you initiate using tools that we or our partners provide.

You acknowledge that you bear full responsibility for your financial decisions, and you agree that BeeBettor Inc., its directors, employees, and agents will not be liable for action taken by you or others based on news, information, opinions, or any other material published through our Services.

For avoidance of doubt, we do not offer investment advice.

15. Intellectual Property

The Services and its original Content (excluding Content provided by users), features and functionality are owned by, or licensed to, BeeBettor Inc. or its associates, and are protected by intellectual property laws. You acknowledge that BeeBettor Inc. is the proprietor or authorized licensee of all intellectual property in relation to any Content. You may only use the Services for your own personal, recreational use in accordance with these Terms, including the Privacy Policy and any rules incorporated herein, and in accordance with all applicable laws, rules, and regulations.

The Services are protected by copyright, trademark, and other intellectual property laws of the United States and foreign countries. Your use of the Services does not provide you with any intellectual property rights in the Content or Services. You must not reproduce or modify the Content in any way, including by removing any watermark or copyright or trademark notice or mark. All trademarks, brand names, and logos displayed on or through the Services are the property of their respective owners and are protected by applicable trademark and copyright laws.

16. Third-Party Copyright Policy

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Services infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity. If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim as outlined below. You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest;

(b) a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;

(c) identification of the URL or other specific location on the Services where the material that you claim is infringing is located;

(d) your address, telephone number, and email 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. You can contact our Copyright Agent via email at admin@beebettor.com.

17. Subscription-based Information

Information which is not generally known to the public that we use, developed or have obtained and is made available to you by us only through a Subscription may not be disseminated by you. Without limiting the foregoing: (a) if we discuss information about our Services with you, (b) if you learn it behind our paywall, and/or (c) if your Subscription includes delivery of odds data or a data feed (“Service Data”), you may not disseminate this information to anyone else or any entity, whether for free or otherwise, and you may not post this information publicly. This prohibition on disseminating information learned from us through the subscription-based portion of the Services does not include any information that: (i) is or becomes generally available to the public other than as a result of your breach of this section; (ii) is or becomes available to you on a non-confidential basis from a third-party source, provided that such third party is not and was not prohibited from disclosing such information; (iii) was in your possession prior to disclosure hereunder; or (iv) was or is independently developed by you without using any of our Services.

If you are required by applicable law or legal process to disclose any subscription-based information, you must, prior to making such disclosure, email us at admin@beebettor.com at least fourteen (14) days prior to providing such information to notify us of such requirements to afford us the opportunity to seek, at our sole cost and expense, a protective order or other remedy.

You represent and warrant that you: (i) will not publish the Services or any Service Data received through the Services; (ii) will not allow any person to access the Services or Service Data received; and (iii) will use the Services and Service Data consistent with all applicable laws. Notwithstanding anything herein or in any other agreement between you and us to the contrary, we may disclose, to any gaming authority or other regulatory body, without any violation of these Terms or any other agreement between you and us, a copy of these Terms and any other agreement.

For avoidance of doubt, if you share information that is made available to you by us only through a Subscription with any other person or entity, or posting or publishing such information, that is a violation of these Terms, and we reserve the right to immediately terminate your account and initiate dispute resolution proceedings against you according to these Terms, including for intellectual property violations.

18. Error Reporting and Feedback

You may provide us feedback either directly at admin@beebettor.com (or via tools available through the Website) with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Services (“Feedback”). You acknowledge and agree that: (i) you do not have and shall not assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) we may presently or separately have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) we are not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant us and our affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.

19. Links To Other Web Sites

Our Services may contain links to third party websites or services that are not owned or controlled by us.

We have no control over, and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

YOU ACKNOWLEDGE AND AGREE THAT BeeBettor Inc. SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD-PARTY WEBSITES OR SERVICES. WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD-PARTY WEBSITES OR SERVICES THAT YOU VISIT.

The Services, including the Website, may provide information about, including links to, third-party services which offer free or paid gameplay. You acknowledge and agree that BeeBettor is not liable for any actions you take or losses you experience on third-party websites or services whether BeeBettor provided information, including links to, about the third party or not. You are fully responsible for any purchases you make to engage in gameplay on third-party websites or services.

If you have questions or concerns about your gaming behavior, or that of a friend or family member, please refer to the National Council on Problem Gambling website at http://www.ncpgambling.org or call their national helpline at 1-800-522-4700.

See https://bircheshealth.com/beebettor for more information.

For more information on compulsive behavior, please refer to Psychology Today resource on identification and treatment.

20. Disclaimer Of Warranty

THESE SERVICES ARE PROVIDED BY US ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES, SERVICE DATA, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, SERVICE DATA, INFORMATION, CONTENT, AND ANY MATERIALS OBTAINED FROM US IS AT YOUR SOLE RISK. NEITHER WE NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANYONE ASSOCIATED WITH US REPRESENTS OR WARRANTS THAT THE SERVICES, THE SERVICE DATA, THE CONTENT, OR ANY MATERIALS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES, SERVICE DATA, THE CONTENT, OR ANY MATERIALS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

21. Limitation Of Liability

EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS' FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), AND WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF WE HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON OUR PART, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE SERVICE DATA AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

22. Dispute Resolution

THIS AGREEMENT CONTAINS AN ARBITRATION PROVISION. YOU AGREE THAT IF WE CANNOT RESOLVE A DISPUTE INFORMALLY, ALL DISPUTES ARISING UNDER THESE TERMS SHALL BE SETTLED IN BINDING ARBITRATION. YOU ALSO AGREE THAT ENTERING INTO THIS AGREEMENT CONSTITUTES A WAIVER OF YOUR RIGHT TO A TRIAL BY JURY AND PARTICIPATION IN A CLASS ACTION LAWSUIT.

Any and all disputes, claims or controversies arising out of or relating to this agreement, the breach thereof, or any use of the Website or Services (each a “Claim”) shall be settled by binding arbitration before a single arbitrator appointed by the American Arbitration Association (the “AAA”) in accordance with its then governing Consumer Arbitration Rules and procedures. In agreeing to arbitrate all Claims, the Parties waive all rights to a trial by jury in any action or proceeding involving any Claim. The arbitration shall be held in New York City, New York. The arbitrator may award any relief that a court of competent jurisdiction could award, and the arbitration decision may be enforced in any court of competent jurisdiction. You agree to abide by all decisions and awards rendered in such a proceeding, which shall be final and conclusive. At your request, hearings may be conducted by telephone or by videconference. The prevailing party in any action or proceeding shall be entitled to reasonable costs and attorneys’ fees. This arbitration undertaking is made pursuant to and in connection with a transaction involving interstate commerce, and shall be governed by and construed in accordance with the Federal Arbitration Act at 9 U.S.C. Section 1, et seq. This arbitration provision shall survive termination of this Agreement. Subject to the limitations set forth below, the arbitrator shall have authority to award legal and equitable relief available in the courts of the state of Delaware, provided that:

The arbitrator shall not have authority to award punitive damages; the arbitrator shall not have authority to award consequential damages; and any and all claims shall be arbitrated on an individual basis only and shall not be consolidated or joined with or in any arbitration or other proceeding involving a Claim of any other party. You agree that the arbitrator shall have no authority to arbitrate any Claim as a class action or in any other form other than on an individual basis.

Notwithstanding the foregoing arbitration provisions, in no event shall BeeBettor be precluded or delayed from seeking and obtaining temporary, preliminary and/or permanent injunctive relief, without the posting of any bond or proving of actual damages, against infringement or other violation of its claimed Intellectual Property rights in the Forum as provided below.

Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount.

Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.

For any Claims that are not subject to arbitration: (a) the exclusive jurisdiction and venue for proceedings involving Claims shall be the courts of competent jurisdiction sitting within New York City, New York (the “Forum”), and the Parties hereby waive any argument that any such court does not have personal jurisdiction or that the Forum is not appropriate or convenient; (b) the Parties waive any and all rights to trial by jury with respect to any Claims.

In the event that either party initiates a proceeding involving any Claim other than an arbitration in accordance with this Section, or initiates a proceeding involving a Claim under this Section other than in the Forum, the other party shall recover all attorneys’ fees and expenses reasonably incurred in enforcing this Agreement to arbitrate and the Forum to which the Parties have herein agreed.

23. Termination

We may terminate or suspend your account and bar access to the Services immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of these Terms. If you wish to stop your Subscription, you may do so according to these Terms. Your account will exist until you explicitly terminate your account following the instructions on the Website or by emailing admin@beebettor.com. The information associated with your account will be kept in accordance with our Privacy Policy. If you wish to access the Services after you have terminated your account, you will have to create a new account, and your previous account history will be inaccessible. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, intellectual property provisions, warranty disclaimers, dispute resolution, indemnity and limitations of liability.

24. Governing Law, Waiver, and Severability

These Terms shall be governed and construed in accordance with the laws of State of Delaware without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Services and supersede and replace any prior agreements we might have had between us regarding the Services.

25. Changes To Service

We reserve the right to withdraw or amend our Services, and any service or material we provide via the Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or the entirety of the Services, to users, including registered users, at our sole discretion.

26. Amendments To Terms

We may amend these Terms at any time by posting the amended terms on the Website. It is your responsibility to review these Terms periodically. You must check this page frequently so you are aware of any changes, as they are binding on you. By continuing to access or use our Services after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Services.

27. Acknowledgement

BY USING THE SERVICES, INCLUDING THE WEBSITE, PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.

28. Contact Us

Please send your feedback, comments, requests for technical support: By email: admin@beebettor.com. By visiting this page on our website: https://beebettor.com.