Terms Of Use

Terms Of Use

Last Updated February 23, 2016
See also Privacy Policy

BIEVO SOFTWARE & CONSULTING CORP.

TERMS OF USE

A. INTRODUCTION
Welcome to Bievo! By using or accessing Bievo’s website, software, and services (collectively, the “Services”), whether or not you are a registered member of Bievo, you agree that you have read, understand and are bound by the Terms of Use (“Terms of Use”) on this page. If you are using our Services on behalf of a business, that business accepts these Terms of Use. We reserve the right to delete or change any portion of these Terms of Use without further notice, including the right to charge for the Services. You agree that your continued access to and use of the Services constitutes your acceptance of these Terms of Use.

 

B. YOUR RIGHTS & OBLIGATIONS

  1. Registration
    By registering for an account or using the Services, you agree to the following criteria and represent and warrant that you:(1) are 18 years of age or older;(2) are not currently restricted from the Services, or not otherwise prohibited from having a Bievo account,(3) have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party;(4) will not violate any rights of Bievo, including intellectual property rights such as copyright or trademark rights; and(5) agree to provide at your cost all equipment, software, and internet access necessary to use the Services.You agree to provide true, accurate, current, and complete information about yourself as prompted by any registration form for the Services, and you agree to maintain and promptly update all such information to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or we have any reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, we may suspend or terminate your account and refuse to offer you any and all current or future use of the Services. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You are solely responsible for any activity related to your account. If you suspect any unauthorized use of your account, notify us immediately.When you establish your Bievo account, you are automatically set up on the site as an “Account Administrator”, which allows you the highest level of control of your account. As the Account Administrator, you may establish “Sub-Accounts” under your main account for other members of your family or other family associates, such as caretakers. You agree to be responsible for ensuring that all Sub-Account holders comply with these Terms of Use and any modifications that may be made to the Terms of Use from time to time. You may establish a Sub-Account for an individual who is younger than 18 years of age, but only if you are such user’s parent or legal guardian. Any person under the age of 13 is required to have parental supervision when using the Bievo site. “Parental supervision” means that a parent or guardian logs-in and uses the Bievo site on a regular basis and that parent or guardian monitors the activities and privacy settings of the Sub-Account holders.You understand that as an Account Administrator, you can change the privacy and control settings of any Sub-Account at any time. This includes determining what contact information is shared with Bievo communities, and various permission for how the Sub-Account holder can use the Bievo site. If you make the Sub-Account Holder an Account Administrator by providing administrative privileges, then you understand that that the Sub-Account holder shares the same rights and controls as you with regards to controlling and using your family’s Bievo account.
  1. License to Use Bievo
    Subject to the terms of these Terms of Use, we grant you a personal, limited, revocable, nonexclusive, nonassignable, nonsublicenseableright to access, through a generally available web browser or mobile device or application (but not through scraping, spidering, crawling or other technology or software used to access data without the express written consent of Bievo), view information, and use the Services that we provide on Bievo webpages and in accordance with these Terms of Use. Any other use of Bievo, contrary to our mission and purpose is strictly prohibited and a violation of these Terms of Use. We reserve all rights not expressly granted in these Terms of Use, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in Bievo and all related items.
  1. Payment Terms
    a) Payment Terms. For purchases of any services that we offer for a fee, either on a one-time or subscription basis (“Premium Services”), you authorize us, or our designated third-party payment providers, to charge the credit card or other accepted payment method you designate in the amount specified in connection with the transaction, plus any applicable taxes. If you desire to designate a different form of payment, or if there is a change in your payment information, you must update your user account or your account with our designated third party payment provider, as applicable, to reflect such change. If you transmit to us, or one of our designated third-party payment providers, a purchase request, you warrant that your use of the particular credit card or other accepted payment method is authorized and that all information that you submit to us, or our designated third-party payment provider, is true and accurate (including, without limitation, your credit card number, expiration date, and other account information), and you agree to pay all fees you incur.b) Cancellations and Refunds. You may cancel your Premium Services at any time to prevent further charges or renewals. Your subscription benefits will remain in effect until the end of the term for which you’ve paid. No refunds will be processed. We, or our designated third party payment provider, as applicable, reserve the right to refuse or cancel any purchases or attempted purchases at any time in our sole discretion. Further, we, or our designated third party payment provider, as applicable, may reverse certain transactions if we have a reasonable, good-faith belief that such transactions, alone or together with other transactions, are illicit, fraudulent, abusive, unlawful, or otherwise conducted in bad faith or as part of any form of unfair dealing (which could include such things as cheating, hacking, or other prohibited activity). EXCEPT AS OTHERWISE STATED IN THESE TERMS OF USE OR REQUIRED BY APPLICABLE LAW, ALL SALES AND PURCHASES ARE FINAL.c) Recurring Billing. Most Premium Services will consist of an initial period, for which there is a one-time charge, followed by recurring period charges as agreed to by you. By entering into these Terms of Use, you acknowledge that your Premium Services, if any, has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation of such Premium Services. WE, OR OUR DESIGNATED THIRD PARTY PAYMENT PROVIDER, AS APPLICABLE, MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD. TO TERMINATE YOUR PREMIUM SERVICES, CONTACT US, OUR DESIGNATED THIRD PARTY PAYMENT PROVIDER, AS APPLICABLE.d) Changes in the Amount Authorized. If the amount to be charged to you varies from the amount you previously authorized (other than due to the imposition or change in the amount of Sales Taxes, if any), we, or our designated third party payment provider, as applicable, shall provide notice of the amount to be charged and the date of the charge at least 10 days before the scheduled date of the transaction. You agree that we, or our designated third party payment provider, as applicable, may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.e) Unless otherwise stated, all fees and charges are quoted and must be paid in U.S. Dollars. Purchases made in currency other than U.S. Dollars shall be made at the exchange rate designated in your agreement with your credit card or other acceptable payment method provider.
  1. Usage Guidelines & Restrictions
    Your use of the Services is subject to all applicable laws and regulations. By using the Services, you agree not to:a) Upload, post, email, or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;b) Harm minors in any way;c) Misrepresent your identity or impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;d) Upload, post, email, or otherwise transmit content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);e) Upload, post, email, or otherwise transmit content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;f) Upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, links, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other forms of solicitation;g) Upload, post, email, or otherwise transmit 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;h) Interfere with or disrupt the Services, servers, or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services;i) Intentionally or unintentionally violate any applicable local, state, national, or international law, “stalk” or otherwise harass another, or collect or store personal data about other users;

    j) Use any automated means to access the Services or collect any information from the Services (including, without limitation, robots, spiders, or scripts); or

    k) Frame the Services, utilize framing techniques to enclose any service mark, logo, or other proprietary information, place pop-up windows over its pages, or otherwise affect the display of its pages. This means, among other activities, that you must not engage in the practices of “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining lists of users or other information.

  1. Mobile Usage
    Bievo’s Services include mobile features that allow you to access information in your account from your mobile phone. You acknowledge you are responsible for all charges and necessary permissions related to accessing Bievo through your mobile access provider. Therefore, you should check with your provider to find out if the Services are available and the terms for these services for your specific mobile devices. Please be aware that your carrier’s normal rates and fees, such as text messaging and data charges, will apply. The number of messages you receive depends completely on the number of times you, your family, or the communities you join or follow send messages or appointment reminders to your phone.If you use the Services through a mobile device, you agree that information about your use of the Services through your mobile device and carrier may be communicated to us, including but not limited to your mobile carrier, your mobile device, or your physical location. In the event you change or deactivate your mobile account, you must promptly update your Bievo account information to ensure that your messages are not sent to the person that acquires your old number and failure to do so is your responsibility.If you use the Services through a mobile device, you agree that you will not use such Services in a way that distracts you and prevents you from obeying traffic and safety laws.
  1. Privacy
    Bievo takes your privacy very seriously. Any information, including User Content, submitted on the Site or the Services, or via the Software, is subject to our Privacy Policy, the terms of which are incorporated into these Terms of Use. Please review our Privacy Policy carefully.
  1. Indemnification
    You agree to indemnify and hold Bievo, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, arising out of, resulting from or connected with the use, modification, misinterpretation, misuse, or reuse by you of the Services, including without limitation these Terms of Use. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
  1. Disputes Between Users
    You are solely responsible for your interactions with other Bievo users. We reserve the right, but have no obligation, to monitor disputes between you and other users.

C. OUR RIGHTS & OBLIGATIONS

  1. Grant of License
    When you upload, submit, store, send, or receive content to or through the Services, you give Bievo (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaption or other changes we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones. This license continues even if you stop using our Services (for example, if you create a Bievocommunity). You agree that you have the necessary rights to grant us this license for any content that you submit to our Services.
  1. User Content
    The Services may allow you and other third parties to post data, text, code, help, opinions, advice, statements, reviews, comments, photographs, and other materials and information (the “Content”). All Content transmitted via the Services cannot be resold and is the sole responsibility of the person from whom the Content originated and not of Bievo, or its shareholders, directors, officers, or employees. We do not endorse, support, represent, or guarantee the completeness, truthfulness, accuracy, or reliability of any content or Communications posted via the Services or endorse any opinions expressed via the Services. Bievo may review and delete any Content, in whole or in part, that in the sole judgment of Bievo violates these Terms of Use or that might be offensive, illegal, or that might violate the rights of or harm any third parties. Nonetheless, under no circumstances will Bievo or its shareholders, directors, officers, or employees be held liable for any loss or damage caused by your reliance on Content obtained through the Services. It is your responsibility to evaluate the Content available through the Services. Although Content will not be pre-screened or reviewed, we reserve the right to refuse or delete any Content.
  1. Update/Change Service
    For as long as Bievo continues to offer the Services, Bievo shall provide and seek to update, improve and expand the Services. As a result, we allow you to access Bievo as it may exist and be available on any given day and have no other obligations, except as expressly stated in this Agreement. We may modify, replace, refuse access to, suspend or discontinue Bievo partially or entirely, or change and modify prices for all or part of the Services in our sole discretion. All of these changes shall be effective upon their posting on our site or by direct communication to you unless otherwise noted. Bievo further reserves the right to withhold, remove and or discard any content available as part of your account, with or without notice if deemed by Bievo to be contrary to this Agreement. For avoidance of doubt,Bievo has no obligation to store, maintain or provide you a copy of any content that you or other Users provide when using the Services.
  1. Disclosure of User Information
    You acknowledge, consent and agree that we may access, preserve, and disclose your registration and any other information you provide if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary in our opinion to: (1) comply with legal process, including but not limited to civil and criminal subpoenas, court orders or other compulsory disclosures; (2) enforce these Terms of Use; (3) respond to claims of a violation of the rights of third parties, whether or not the third party is a user, individual, or government agency; (4) respond to customer service inquiries; or (5) protect the rights, property, or personal safety ofBievo, our users or the public.

 

D. DISCLAIMERS/LIMITATIONS ON LIABIITY

Please read this section carefully since it limits the liability of Bievo and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “Bievo Entities”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.

  1. The Services are Available “AS-IS”
    Your access to and use of the Services or any Content are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE BIEVO ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.The Bievo Entities make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the Bievo Entities or through the Services, will create any warranty not expressly made herein.
  1. Links
    The Services may contain links to third-party websites or resources. You acknowledge and agree that the Bievo Entities are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by the Bievo Entities of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
  1. Limitation of Liability
    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE BIEVO ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE BIEVO ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID BIEVO, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIMTHE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE BIEVO ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

 

E. TERMINATION

You may end your legal agreement with Bievo at any time for any reason with notice to Bievo. If you stop using the Services without deactivating your accounts or notifying Bievo of your intent to terminate, your account may be deactivated due to prolonged inactivity.

We may suspend or terminate your account or cease providing you with all or part of the Services at any time for any reason, with our without notice, including, but not limited to, if we reasonably believe: (i) you have violated these Terms of Use; (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Services to you is no longer commercially viable.

Upon the termination of your Bievo account, you lose access to the Services. In addition, Bievo may block access to the Services from an IP address or range of IP addresses associated with those of terminated users.

Nothing in this section shall affect Bievo’s rights to change, limit or stop the provision of the Services without prior notice.

 

F. DISPUTES

These Terms of Use are governed in all respects by the laws of the Commonwealth of Massachusetts as such laws are applied to agreements entered into and to be performed entirely within Massachusetts between Massachusetts residents. Any controversy or claim arising out of or relating to these Terms of Use or the Services will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in Suffolk County, Massachusetts, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. The award of the arbitrator will be final and binding upon the parties without appeal or review except as permitted by Massachusetts law. Notwithstanding the foregoing, either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party’s rights or property pending the completion of arbitration. By using the Services, you consent and submit to the exclusive jurisdiction and venue of the state and federal courts located in Suffolk County, Massachusetts.

 

G. COPYRIGHT

Bievo respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

We reserve the right to remove content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, Bievo will also terminate a user’s account if the user is determined to be a repeat infringer. Our designated copyright agent for notice of alleged copyright infringement appearing on the Services is:

Bievo Software and Consulting Corp.
Attn: Copyright Agent
133 Range Road
Concord, MA 01742
Email: copyright@mybievo.com

 

H. GENERAL TERMS

  1. Severability
    If any provision of these Terms of Use is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; and if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of these Terms of Use will not be affected in any way.
  1. Notices and Service of Process
    All notices to a party shall be in writing and shall be made either via email, certified mail, or overnight courier. Notices to us must be sent to the following address:Bievo Software & Consulting, Inc.
    Attn: Legal Department
    133 Range Road
    Concord, MA 01742
    Email: legal@mybievo.comIn addition, we may post notices on the site to inform you of changes to the Services or other matters, and such publications shall constitute notice to you at the time of posting.
  1. Entire Agreement
    You agree that these Terms of Use constitute the entire, complete and exclusive agreement between you and us regarding the Services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of these Terms of Use. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Bievo services, third-party content or third-party software.
  1. No informal waivers, agreements or representations
    Our failure to act with respect to a breach of these Terms of Use by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by these Terms of Use, no representations, statements, consents, waivers or other acts or omissions by any Bievo affiliate shall be deemed legally binding on anyBievo affiliate, unless documented in a physical writing hand signed by a duly appointed officer of Bievo.
  1. No Injunctive Relief
    In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Services, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services.
  1. Assignment and Delegation
    You may not assign or delegate any rights or obligations under these Terms of Use. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under these Terms of Use, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, Bievo, for any third party that assumes our rights and obligations under these Terms of Use. All of our rights and obligations under these Terms of Use are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.

 

Also see Privacy Policy