Terms of Use

Introduction

Welcome to Busy Bee Data Validation, LLC (“BBDV”), a premier provider of data validation solutions. By accessing or using our website, you (“User”) agree to be bound by the terms and conditions set forth in these Website Terms of Use. These Terms govern your access to and use of the website, including any content, functionality, and services offered on or through the website.

Please read these Terms carefully before you start to use the website. By using the website, you accept and agree to be bound and abide by these Terms and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms or the Privacy Policy, you must not access or use the website.

This website is offered and available to users who are 18 years of age or older. By using this website, you represent and warrant that you are of legal age to form a binding contract with BBDV and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the website.

Acceptance of Terms

By accessing or using the website of BBDV ("the Website"), you ("the User") acknowledge and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, you are not authorized to use or access the Website. These Terms of Use may be updated by BBDV at any time and without prior notice to you. Your continued use of the Website after any such changes constitutes your acceptance of the new Terms of Use.

Changes to Terms

BBDV ("we," "us," or "our") reserves the right, at our sole discretion, to modify or replace these Terms of Use ("Terms") at any time. If a revision is material, we will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

The User acknowledges and agrees that it is their responsibility to review the Website periodically to be aware of any modifications. By continuing to access or use the Website after any revisions become effective, the User agrees to be bound by the revised terms. If the User does not agree to the new terms, they are no longer authorized to use the Website.

Privacy Policy

This Privacy Policy governs the manner in which BBDV ("the Website Owner") collects, uses, maintains, and discloses information collected from users (each, "a User") of the website ("the Website"). By accessing or using the Website, the User agrees to the collection and use of information in accordance with this policy.

Information Collection and Use: The Website Owner may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, register on the site, respond to a survey, fill out a form, and in connection with other activities, services, features, or resources we make available on our Website. Users may be asked for, as appropriate, name, email address, mailing address, and phone number. Users may, however, visit our Website anonymously. We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personally identification information, except that it may prevent them from engaging in certain Website-related activities.

How We Use Collected Information: The Website Owner uses the collected information for the following purposes:

  • To improve customer service (your information helps us to more effectively respond to your customer service requests and support needs).
  • To personalize user experience (we may use information in the aggregate to understand how our Users as a group use the services and resources provided on our Website).
  • To send periodic emails (the email address Users provide for inquiries will only be used to respond to their inquiries, and/or other requests or questions).

Changes to This Privacy Policy: The Website Owner has the discretion to update this privacy policy at any time. When we do, we will revise the updated date at the bottom of this page. We encourage Users to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect. Your continued use of the Website following the posting of changes to this policy will be deemed your acceptance of those changes.

User Obligations

The User agrees to use the Website only for lawful purposes and in a manner that does not infringe the rights of, restrict or inhibit anyone else's use and enjoyment of the Website.

The User is prohibited from using the Website:

  • To send, knowingly receive, upload, download, use, or re-use any material which does not comply with our content standards;
  • To transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam);
  • To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

Furthermore, the User agrees not to access without authority, interfere with, damage, or disrupt:

  • Any part of the Website;
  • Any equipment or network on which the Website is stored;
  • Any software used in the provision of the Website; or
  • Any equipment or network or software owned or used by any third party.

The User also agrees to provide accurate, current, and complete information about themselves as prompted by any forms on the Website and to maintain and promptly update any such information to keep it accurate, current, and complete. If the User provides any information that is untrue, inaccurate, not current, or incomplete, or BBDV has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, BBDV has the right to suspend or terminate the User's account and refuse any and all current or future use of the Website (or any portion thereof).

Intellectual Property Rights

All intellectual property rights in and to the Website, including but not limited to copyright, text, graphics, logos, images, and software, are owned by or licensed to BBDV. These rights are protected by copyright, trademark, patent, and other intellectual property laws, and all such rights are reserved.

The User is granted a limited, non-exclusive, non-transferable license to access and use the Website for personal, non-commercial purposes, subject to compliance with these Terms of Use. This license does not include any rights to:

  • resell or commercially use the Website or its contents;
  • collect and use any product listings, descriptions, or prices;
  • make any derivative use of the Website or its contents;
  • download, copy, or other use of account information for the benefit of any third party; or
  • use data mining, robots, or similar data gathering and extraction tools.

The User agrees not to use the Website in any way that breaches the content standards or infringes any intellectual property rights of BBDV or any third party. Unauthorized use of the Website may give rise to a claim for damages and/or be a criminal offense.

User Content

The User acknowledges and agrees that any content uploaded, posted, or otherwise transmitted to the Website by the User ("User Content") is the sole responsibility of the User. BBDV does not endorse any User Content and expressly disclaims any and all liability in connection with User Content. The User represents and warrants that they have the necessary rights to upload, post, or transmit User Content to the Website and that doing so does not violate any third party's rights, including but not limited to intellectual property rights, privacy rights, and rights to publicity.

The User grants BBDV a non-exclusive, worldwide, royalty-free, perpetual, and transferable license to use, reproduce, distribute, display, and perform the User Content in connection with the operation of the Website and BBDV's business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels.

The User agrees to comply with all applicable laws and regulations and the content standards as defined in the Website Terms of Use when uploading, posting, or otherwise transmitting User Content to the Website. The User acknowledges that BBDV reserves the right to review and, if necessary, remove any User Content from the Website at its sole discretion, without notice to the User, for any reason, including but not limited to content that violates the content standards or any applicable laws or regulations.

Prohibited Activities

In using the Website, the User agrees not to engage in any of the following prohibited activities:

  • Attempt to access any area of the Website that is restricted from general access.
  • Use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party's use and enjoyment of the Website.
  • Use the Website to obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.
  • Use the Website to transmit or upload any material that contains viruses, Trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs.
  • Use the Website to transmit or upload any material that is illegal, offensive, defamatory, threatening, obscene, or violates the content standards.
  • Use the Website to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
  • Use the Website to collect or store personal identification information about other users without their express consent.
  • Use the Website to engage in any activity that violates copyright, trademark, or other proprietary rights of any party.
  • Engage in any activity that is contrary to the User Content guidelines established by BBDV.

Violation of any of these prohibitions may result in immediate termination of access to the Website and may subject the violator to civil and/or criminal liability.

Disclaimer of Warranties

BBDV ("the Website Owner") provides the Website "as is" and makes no representations or warranties of any kind, express or implied, as to the operation of the Website, the information, content, materials, or products included on the Website, or the functionality of any services associated therewith. To the fullest extent permissible by applicable law, the Website Owner disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose. The Website Owner does not warrant that the Website, its servers, or email sent from the Website are free of viruses or other harmful components. The Website Owner will not be liable for any damages of any kind arising from the use of the Website, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.

The User acknowledges and agrees that the use of the Website is at their sole risk. The disclaimer of warranties herein does not affect the statutory rights of a consumer that cannot be waived or disclaimed under applicable law.

Limitation of Liability

Notwithstanding any damages that the User might incur for any reason whatsoever (including, without limitation, all damages referenced herein and all direct or general damages), the entire liability of BBDV ("the Website Owner") under any provision of these Terms of Use and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by the User to the Website Owner through the Website during the 12 months prior to the cause of action. The Website Owner shall not be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the Website or the provision of or failure to provide Services, even if the Website Owner has been advised of the possibility of such damages. In jurisdictions that do not allow the exclusion or limitation of incidental or consequential damages, the Website Owner's liability shall be limited to the extent permitted by law.

Indemnification

The User agrees to indemnify, defend, and hold harmless BBDV, its officers, directors, employees, agents, licensors, suppliers, and any third-party information providers to the Website from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Use by the User or any activity related to the User's account (including negligent or wrongful conduct) by the User or any other person accessing the Website using the User's Internet account.

This indemnification obligation will survive the termination of these Terms of Use and the User's use of the Website.

Governing Law

This Agreement and any disputes arising out of or related to the Website or the use thereof will be governed by, and construed and enforced in accordance with, the laws of the State of Maine, without regard to its conflict of laws rules. By accessing or using the Website, the User consents to the jurisdiction of the courts located in the jurisdiction of incorporation of BBDV for the resolution of all disputes arising out of or related to the terms and conditions of these Terms of Use or the User's use of the Website.

Dispute Resolution

This Dispute Resolution clause applies to any disputes arising out of or related to the Terms of Use or the use of the Website. By using the Website, the User agrees that any dispute, claim, or controversy arising out of or in connection to these Terms of Use or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in the State of Maine, before one arbitrator. The arbitration shall be administered by American Arbitration Association pursuant to its Arbitration Rules & Procedures. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

The User and BBDV agree to attempt to resolve any disputes amicably before resorting to arbitration. If the dispute cannot be resolved by mutual agreement within thirty (30) days of notification of the dispute, either party may initiate arbitration proceedings. All arbitration proceedings shall be conducted in English. The prevailing party in any arbitration or legal proceedings shall be entitled to recover its reasonable attorney fees and costs.

Notwithstanding the above, BBDV reserves the right to bring any suit, action, or proceeding against the User for breach of these Terms of Use in the federal or state courts located in Portland, Maine. The User consents to the jurisdiction of such courts and waives any objection as to inconvenient forum.

Severability

If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be modified to reflect the parties' intention or eliminated to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect without being impaired or invalidated in any way.

Termination

BBDV reserves the right to terminate or suspend access to the Website at any time, without notice, for any reason, including but not limited to a breach of these Terms of Use. Upon termination, the User's right to use the Website will immediately cease. If the User wishes to terminate their account, they may simply discontinue using the Website.

Termination may result from violations of the content standards, misuse of personal identification information, unauthorized use of the Website, or any other actions that BBDV deems harmful to the Website, its service, or any of its users.

All provisions of the Terms of Use which, by their nature, should survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability, shall survive termination.

Entire Agreement

This Agreement constitutes the entire agreement between BBDV and the User regarding the User's access to and use of the Website and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter. No amendment to or modification of this Agreement shall be effective unless it is in writing and signed by both BBDV and the User.