Date of Last Revision: March 03, 2021
Additional terms and conditions may apply to your use of certain portions of the Sites, your use of services offered through the Sites, or your purchase of products through the Sites (collectively, “Additional Terms”). In particular, your use of the Hapbee mobile application is governed by the Hapbee Mobile Application End User License Agreement found here: hapbee.com/mobile-app-EULA. If there is a conflict between these Site Terms and any Additional Terms, the applicable Additional Terms shall control with respect to your use of such portions of the Sites, your use of such services, or your purchase of such products.
Hapbee may change or modify these Site Terms at any time. Your continued use of the Sites will constitute your acceptance of any changes to these Site Terms. It is your responsibility to review these Site Terms from time to time — it’s important you understand the terms and conditions that apply to your use of the Sites. Hapbee reserves the right to withdraw or amend the Sites, and any services or materials it provides on the Sites, in its sole discretion without notice. Hapbee will not be liable if for any reason all or any part of the Sites are unavailable at any time or for any period. From time to time Hapbee may restrict access to some parts of the Sites, or all of the Sites, to users, including registered users.
You are responsible for both:
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Sites or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
HAPBEE SIGNAL CATALOGUE
The Hapbee Signal Catalogue will contain the initial set of Hapbee signals, plus any new ones that are released into the membership's Signal Catalogue. Hapbee may, at its discretion in the future, offer individual signals at a price lower than the monthly membership or offer a limited number of premium signals outside of the membership Signal Catalogue.
The Sites and all content and other materials on the Sites — including, without limitation, Hapbee’s name, trademarks, logos, taglines, product names, and service names, and all artwork, designs, text, graphics, pictures, information, data, software, sound files, page headers, button icons, scripts and other files, and the selection, arrangement, and “look and feel” thereof (collectively, the “Site Materials”) — are the property of Hapbee or its licensors and are protected by U.S. and international trademark, trade dress, copyright, patent and other intellectual property and unfair competition laws.
Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may print or download one copy of a reasonable number of pages of the Sites for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
If we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not:
Modify copies of any materials from this site.
Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
You must not access or use for any commercial purposes any part of the Sites or any services or materials available through the Sites.
If you wish to make any use of material on the Sites other than that set out in this section, please address your request to: [email protected]
The terms HAPBEE® and the Bee Design Mark are registered with the United States Patent and Trademark Office, Registration Nos. 6044172 and 6055185, respectively. and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Sites are the trademarks of their respective owners.
Reporting Claims of Copyright Infringement
At Hapbee, we take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this site (the"Website") infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:
Our designated copyright agent to receive DMCA Notices is:
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
Counter Notification Procedures
If you believe that material you posted on the Website was removed or access to it was disabled by mistake or misidentification, you may file a counter notification with us (a "Counter Notice") by submitting written notification to our copyright agent designated above. Pursuant to the DMCA, the Counter Notice must include substantially the following:
Our designated agent to receive Counter Notices is:
The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter Notice
Please be aware that if you knowingly materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
YOUR USE OF THE SITES AND SITE MATERIALS
Your right to access and use the Sites is subject at all times to these Site Terms and is solely for your informational, non-commercial and personal use.
You are not allowed to (directly or indirectly): (a) resell or otherwise make commercial use of the Sites or the Site Materials; (b) collect or use any images, descriptions, or other content included in the Site Materials, or any portion thereof; (c) copy, imitate, distribute, publicly perform, or publicly display any Site Materials; (d) modify or otherwise make any derivative uses of the Sites or the Site Materials, or any portion thereof; (e) use data mining, robots or similar data gathering or extraction methods on any of the Sites; (f) perform, or release or disclose the results of, any benchmark testing or vulnerability assessments of the Sites; (g) introduce into the Sites any viruses, trojan horses, malware, spyware, adware or other disruptive software, or any software code, which is designed to disrupt, damage, or perform unauthorized actions on a computer system; (h) remove or alter any proprietary notices or labels on or in the Sites; (i) use the Sites to directly or indirectly develop any product or service that competes with the Sites; (j) download (other than page caching) any portion of the Sites, the Site Materials or any information contained therein, except as expressly permitted on the Sites; or (k) use the Sites or the Site Materials other than for their intended purpose.
Any use of the Sites or the Site Materials other than as specifically authorized herein, without Hapbee’s prior written permission in each instance, is strictly prohibited. Such unauthorized use may violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Site Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.
HYPERLINKS TO THE SITES
You may link to the Hapbee homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
This Sites may provide certain social media features that enable you to:
Link from your own or certain third-party Sites to certain content on the Sites.
Send emails or other communications with certain content, or links to certain content, on the Sites.
Cause limited portions of content on the Sites to be displayed or appear to be displayed on your own or certain third-party Sites.
You may use these features solely as they are provided by Hapbee solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
Establish a link from any Site that is not owned by you.
Cause the Sites or portions of them to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion. You may create text hyperlinks to the Sites for noncommercial purposes, provided such links do not, directly or indirectly, (a) portray Hapbee or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner; or (b) contain any adult or illegal material, or any material that is offensive, harassing or otherwise objectionable.
THIRD PARTY PRODUCTS AND SERVICES
Hapbee may provide third party content on the Sites, run third parties’ advertisements or promotions on the Sites, or otherwise provide information about or links to third party Sites and other third party content, products, or services on the Sites (collectively, “Third Party Products and Services”). Hapbee does so for your convenience only, and does not control, endorse or make any representations or warranties regarding any Third Party Products and Services, including, without limitation, regarding the accuracy, efficacy, safety, or completeness thereof. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. You acknowledge and agree that your use of any Third Party Products and Services is at your own risk and that Hapbee is not responsible or liable in any manner for any such Third Party Products and Services, or for any loss or damage you may incur as the result of your use of such Third Party Products and Services.
YOU UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, HAPBEE IS PROVIDING THE SITES AND THE SITE MATERIALS ON AN “AS IS” BASIS FOR USE AT YOUR OWN RISK. HAPBEE DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SITES AND THE SITE MATERIALS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, NON-INTERFERENCE, SYSTEM INTEGRATION, OR ACCURACY. HAPBEE TECHNOLOGY DOES NOT WARRANT THAT YOUR USE OF THE SITES WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE OR SECURE. HAPBEE TECHNOLOGY ALSO MAKES NO REPRESENTATIONS OR WARRANTIES ON BEHALF OF ANY OF HAPBEE’S LICENSORS. YOUR SOLE REMEDY AGAINST HAPBEE OR ITS LICENSORS FOR DISSATISFACTION WITH THE SITES OR FOR ANY DAMAGE CAUSED BY THE SITES IS TO STOP USING THE SITES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, REPRESENTATIONS OR CONDITIONS, THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY IN FULL TO YOU.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT SHALL HAPBEE, ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF OR INABILITY TO USE THE SITES OR THE SITE MATERIALS, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES CAUSED BY OR RESULTING FROM YOUR RELIANCE ON ANY INFORMATION OBTAINED FROM HAPBEE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO HAPBEE’S RECORDS, PROGRAMS OR SERVICES; AND (B) IN NO EVENT SHALL THE AGGREGATE LIABILITY OF HAPBEE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE SITE TERMS OR YOUR USE OF OR INABILITY TO USE THE SITES OR THE SITE MATERIALS, EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO HAPBEE FOR ACCESS TO OR USE OF THE SITES.
APPLICABLE LAW AND VENUE; ARBITRATION
These Site Terms and your use of the Sites will be governed by the laws of the State of Washington, without giving effect to any choice of laws principles that would require the application of the laws of a different country or state. Any legal suit, action, or proceeding arising out of or related to this Agreement or the Application shall be instituted exclusively in the federal courts of the United States or the courts of the State of Washington in each case located in King County, Washington. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
The owner of the Website is based in the Vancouver, British Columbia, Canada. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States or Canada. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States or Canada, you do so on your own initiative and are responsible for compliance with local laws.
Hapbee reserves the right, without notice and in its sole discretion, to terminate, suspend or disable your access to the Sites or the Site Materials if Hapbee believes you’re violating these Site Terms or any laws, rules, or regulations. Hapbee also reserves the right, at any time, to modify the Sites or the Site Materials, or any portion thereof. You agree that Hapbee won’t be liable to you or to any third party for any termination, modification, suspension, or discontinuance of the Sites, the Site Materials, or any portion thereof.
You agree you will comply with all applicable laws in connection with your access to and use of the Sites and the Site Materials. You shall not, without prior U.S. government authorization, export, re-export, or transfer the Sites, the Site Materials or any other Hapbee products, services or technology, either directly or indirectly, in violation of such applicable laws and regulations. These Site Terms are personal to you, and you may not assign or delegate your rights and/or duties under these Site Terms to anyone else and any attempted assignment or delegation is void. You acknowledge that Hapbee has the right to seek an injunction, if necessary, to stop or prevent a breach of your obligations under these Site Terms. Hapbee’s delay or failure to exercise or enforce any right or provision of these Site Terms will not constitute a waiver of such right or provision. No waiver by Hapbee will have effect unless such waiver is in writing, and signed by Hapbee. No waiver of any breach or default in one instance will constitute a waiver of any subsequent breach or default. If for any reason a court of competent jurisdiction finds any provision of these Site Terms to be unenforceable, the provision of these Site Terms will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of these Site Terms will continue in full force and effect. These Site Terms constitute the entire agreement between you and Hapbee with regard to the matters described in these Site Terms.
Your Comments and Concerns
This website is operated by Hapbee Technologies, Inc., 700 W. Georgia St., 25th Floor, Vancouver, British Columbia, Canada V7Y1B3.
All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: [email protected]