Bumblebee Terms of Service

Authority. If you accept these TOS on behalf of a company, organization, or other legal entity, you represent and warrant to us you have full power and authority to do so.  

Effective Date. These TOS are effective on the date you first access or use the Websites, whichever is earlier (“Effective Date”).

Limited Right to Access the Websites. Subject to your compliance with these TOS and any other terms or policies we may make available from time-to-time, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Websites. You understand you may not copy, modify, or otherwise create derivative works of the Websites. 

Content You Share. Any communications or material of any kind that you email, post, or otherwise transmit to us using the Websites, including data (excluding your personal data, which is subject to the Privacy Policy), questions, comments, or suggestions (your “Feedback”) will become our property. You hereby grant us a license to use any ideas, concepts, know-how, or techniques contained in your Feedback for any purpose including, but not limited to, developing and marketing products using such information.

Electronic Signatures. You agree to be bound by any affirmance, assent, or agreement you transmit to us using the Websites, including but not limited to any consent you give to receive communications from us solely through electronic transmission or any agreements you execute via clickwrap or e-signature software. You agree that, when in the future you click on an “I agree,” “I consent” or other similarly worded “button” or entry field on the Websites, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature. Furthermore, you hereby waive any rights or requirements under any laws or regulations in any jurisdiction that require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent permitted under applicable law.

Usage Restrictions. You agree to the following obligations and restrictions applicable to your access and use of the Websites and you understand we may suspend your access, limit your use, or take legal or other action if you fail to adhere. You must:

1. comply with applicable laws and regulations and not violate any third party rights in your access and use of the Websites;

2. not use the Websites to collect or store personal data of others, or otherwise harm, infringe the rights of, or expose liability to others; 

3. not use the Websites for any commercial purpose, including to build a similar or competitive website; 

4. not use any automated technology to access the website, such as any robot, spider, or other automated device, process, or means to access the Websites, including to monitor, copy, or scrape any of the Website materials;  

5. Not use the website in any way that could impair the Websites or interfere another party’s use, or otherwise burden, impair, disable, or damage the Websites; 

6. not monitor or copy any materials on the Websites except as expressly authorized in these TOS or with our written consent;

7. not use any device, software, or routine that interferes with the proper operation of the Websites, 

8. not introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; 

9. not attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Websites or its infrastructure or otherwise attempt to interfere with or impair the Websites; and  

10. not take any actions or encourage any third parties to take any actions which have an adverse impact on the Websites or Bumblebee.

Hyperlinks. The Websites may contain links to other websites. We do not control such other websites and we make no representations regarding the content, accuracy, security or privacy of those websites. The fact we have provided a link to a website is not an endorsement, authorization, sponsorship, or affiliation with respect to such site, its owners or its providers. There are risks in using any information, software, or products found on the Internet, and we caution you to make sure you understand these risks before retrieving, using, relying upon, or purchasing anything via the Internet. You agree that under no circumstances will you hold Bumblebee or its affiliates or agents liable for any loss or damage caused by use of or reliance on any content, goods, or services available on other sites.

Privacy. You agree the Websites are subject to personal data processing as described in our Privacy Policy, available at https://hirebumblebee.com/privacy, which is incorporated by reference herein. 

Fees. Through the Websites, we may make available third-party payment processing services, you agree any fees due, disputes, and other related matters will be governed by the applicable Master Services Agreement, ordering document or website, or other agreement relevant to such fees. 

Accounts. Through the Websites, you may be able to create an online account (“Account”). In the event you create an Account, Bumblebee grants you a limited right to use the Account and Services subject to the restrictions set forth in these TOS and the Privacy Policy, and, if applicable, your relevant Master Services Agreement. By registering for an account, you represent you are not a minor and agree to provide true, accurate, and complete information as required by the registration process. You further represent that you will not knowingly omit or misrepresent any material facts or information and keep your account up-to-date. You are solely and entirely responsible for maintaining the confidentiality and security of your Account, such as properly managing your passwords. You are solely and entirely responsible for any and all activities that occur under your Account, including any charges incurred relating to the Services. Bumblebee is not liable for any harm caused by or related to the theft of your Account or your failure to maintain the confidentiality of your Account or for an activity occurring under your Account. You agree to immediately notify us upon becoming aware of any unauthorized use or access of your Account or any other breach of security.  

Intellectual Property. Bumblebee owns all rights, title and interest in and to the Websites. You understand and agree you do not acquire any intellectual property rights or ownership in any content you access through the Websites. You understand that you are prohibited from using any intellectual property available on the Websites unless expressly permitted by us in writing. If you believe any content on the Websites infringes upon your intellectual property rights, please contact us at contact@hirebumblebee.com.

Suspension & Termination. Bumblebee reserves the right, in its sole discretion, to suspend or terminate your access or Account at any time, including but not limited to: (i) if you violate these TOS or any other agreement you have with Bumblebee; (ii) provide any false, incomplete, inaccurate, or misleading information or otherwise engage in fraudulent or illegal conduct; (iii) as required by law, for enforcement of our TOS, or in response to an investigation; (iv) due to technical issues; or (v) for any other reason in Bumblebee’s sole discretion.

Indemnification. You agree to indemnify, defend, and hold harmless Bumblebee from and against any and all third party claims alleged or asserted against Bumblebee, and all related charges, damages and expenses (including, but not limited to, reasonable attorneys' fees and costs) arising from or relating to: (a) any actual or alleged breach of any provisions of these TOS; (b) any actual or alleged violation by you, an affiliate, or end user of the intellectual property, privacy or other rights of Bumblebee or a third party; and (c) any dispute between you and another party regarding ownership of or access to your data or personal submitted to Bumblebee via the Websites.

No Warranties; Disclaimers. To the maximum extent permitted by applicable law, bumblebee makes no representations or warranties of any kind, whether express, implied, statutory or otherwise, and specifically disclaims all implied warranties, including without limitation any warranties of title, non-infringement, merchantability or fitness for a particular purpose with respect to the websites and any services therein. bumblebee does not warrant that your use of the websites and any services therein will be secure, timely, error-free or uninterrupted; are or will remain updated, complete or correct; meet your requirements; or that the systems that make the services available (including without limitation the internet, other transmission networks, and your local network and equipment) will be uninterrupted or free from viruses or other harmful components. the websites and any services and third-party materials are provided on an “as is” and “as available” basis and solely for your use in accordance with these tos. for the purposes of this section and the liability section below, all references to bumblebee include its affiliates, agents, directors, officers, service providers and others engaged in the provision of the websites

Liability. To the maximum extent permitted by law, in no event will bumblebee’s aggregate liability, collectively, for all claims arising out of or related to these tos, whether in contract, tort or otherwise, exceed the fees paid preceding the date of the incident, or if no fees are paid, $50.  in no event will bumblebee have any liability for any indirect, special, incidental, consequential or punitive damages, however caused, or for any lost profits, loss of use, data or opportunities, cost of data reconstruction, cost or procurement of substitute goods or services, whether in contract, tort or otherwise, arising out of, or in any way connected with the services or third party offerings, including but not limited to the use or inability to use the services, any interruption, inaccuracy, error or omission, even if bumblebee, its licensors or subcontractors have been previously advised of the possibility of such loss or damages. the foregoing exclusions or limitations may not apply to the extent prohibited by applicable law. this section shall survive termination of these terms or your access to the websites. 

No Waiver. Any failure of Bumblebee to enforce or exercise a right provided in these TOS is not a waiver of that right.

Choice of Law. These TOS shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of laws principles. Any dispute arising out of or relating to these TOS shall be settled by binding arbitration before the Judicial Arbitration and Mediation Services (“JAMS”) under the applicable rules and procedures of JAMS, and Nevada law shall apply. This clause shall not preclude the Parties from seeking provisional remedies from a court of appropriate jurisdiction. The mandatory site for arbitration shall be San Francisco, CA. The Parties hereby knowingly and voluntarily, and having had an opportunity to consult with counsel, waive all rights to trial by jury.

Severability. Should any provision of these TOS be found invalid or unenforceable, the remaining terms shall still apply.

Assignment. Bumblebee may assign these Terms of Service in whole or part at any time.

Survival. The Suspension, Indemnification, Liability, Choice of Law, Modification, Electronic Signatures, and any other sections reasonably intended to survive shall survive termination of these Terms or your access to the Websites.

Entire Agreement. These TOS, including any terms and policies referenced herein, constitute the entire agreement between you and us concerning the subject matter herein and the use of the Websites. They supersede any and all previous or contemporaneous agreements, written or oral, between you and us, including previous versions of these TOS.  If there is a discrepancy between these TOS and any other agreements you have with Bumblebee with respect to your use of the Websites, the then-current terms in the TOS and Privacy Policy shall govern. With respect to the Services, your Master Services Agreement or other relevant executed Agreement shall govern.

Changes to the TOS. Bumblebee reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement, or delete any of these TOS, and any and all referenced or incorporated exhibits or policies, programs and guidelines. Bumblebee will post the updated terms on its Websites and endeavor to notify you of any material changes by email, but will not be liable for any failure to do so. If any future changes to these TOS are unacceptable to you or cause you to no longer be in compliance with these TOS, you must immediately stop using the Websites. Your continued use of the Websites following any revision to these TOS constitutes your complete and irrevocable acceptance of any and all such changes.

Contact Us. You may contact us with questions or comments about these TOS at contact@hirebumblebee.com.