Terms and Conditions
Updated December 10th, 2023
Terms and Conditions
Updated December 10th, 2023
KBEE Terms of Use
December, 2023
By accessing or using The KBEE’s ("KBEE") Internet website, (referred to as the "Site") you and agree to comply with and be bound by these Terms of Use ("Terms of Use") These Terms of Use are between Abtech Technologies, Inc. (DBA “KBEE”) and any of Abtech Technology Inc.’s subsidiaries, DBAs, agents, successors, or parent companies (“KBEE”) and you and your affiliates, subsidiaries, DBAs, divisions, branches, departments, agents, successors, or parent companies thereof (“you”) to establish the general terms and conditions that govern the service relationship between both parties.
Please read these Terms of Use carefully as well as the KBEE's Privacy Policy. If you do not agree to the Terms of Use and the Privacy Policy, you must immediately terminate use of the Site.
Upon mutual acceptance, you and KBEE may add Addenda, Amendments, Exhibits, additional Agreements, and Schedules (each an “Addendum” and collectively “Addenda”) that define more specific services and additional terms and conditions as you and KBEE agree to. Each Addendum once duly accepted by the parties shall automatically (whether or not explicitly stated) incorporate by reference, as if fully set forth therein as a full and binding part of the Addendum, all the terms and conditions of this KBEE Terms of Use.
1. License Grant. You are granted a personal, revocable, limited, non-exclusive, non-transferable license to access and use the Site conditioned on your continued acceptance of, and compliance with, these Terms of Use. You may use the Site and KBEE Content (as defined below, Section 9) for your commercial and/or personal use and for no other purpose. The KBEE reserves the right to bar, restrict or suspend any user's access to the Site, and/or to terminate this license at any time for any reason. The KBEE reserves any rights not explicitly granted in these Terms of Use.
2. License Restrictions. Unless otherwise expressly stated in these Terms of Use or you receive KBEE's prior written consent, you may not modify, translate, create derivative works of, copy, distribute, market, display, remove or alter any proprietary notices or labels from, lease, sell, sublicense, clone, transfer, decompile, reverse engineer, or incorporate into any information retrieval system (electronic or mechanical), the Site, any KBEE Content (as defined below, Section 9), or any portion thereof. Further, you may not (i) use the Site for any unauthorized or illegal purpose or activity including, but not limited to, any activity to obtain or attempt to obtain unauthorized access to the Site, including KBEE Content; (ii) interfere with the proper working of the Site including, but not limited to, the transmission of any virus, worm, trap door, back door, timer, clock, Trojan horse, denial of service attack or other limiting routine, instruction or design; or (iii) interfere with any other person's use and enjoyment of the Site.
3. Your Acceptance; Revisions to Terms of Use. The Site is available only to individuals who can enter into legally binding contracts under applicable law. These Terms of Use constitute a legally binding agreement between you and the KBEE regarding your use and access to the Site. By using the Site you agree to the Terms of Use. KBEE reserves the right to revise these Terms of Use at any time in its sole discretion by posting revised Terms of Use to the Site. Your use of the Site signifies your acceptance of all the terms and conditions contained within the Terms of Use posted at the time of your use. You will be responsible for regularly reviewing the Terms of Use posted to the Site. No revision to these Terms of Use, including to the Arbitration provision set forth in Section 22, shall apply to a controversy or claim of which had actual notice on or before the date of any such revision.
4. KBEE Policies; Additional Terms and Conditions. KBEE's Privacy Policy, as well as other additional terms and conditions applicable to certain portions of the Site (collectively "Additional Terms and Conditions") are incorporated herein by reference. To the extent that there is a conflict between these Terms of Use and any Additional Terms and Conditions for the activity in which you choose to participate, the Additional Terms and Conditions shall govern.
5. Click-Through Agreements. Before using certain areas of the Site you may be asked to indicate your acceptance of additional special terms and conditions by clicking a button marked "I Accept" "I Agree" "Okay" "I Consent" or other words or actions that similarly acknowledge your consent or acceptance of a Click-Through Agreement. To the extent there is a conflict between these Terms of Use and any Click-Through Agreement for the activity in which you choose to participate, the Click-Through Agreement will govern.
6. Personal Login Information. Certain features and areas of the Site are available only with registration, login, such as KBEE Member account number, and/or a paid subscription. If you are required to register and select a unique login and password ("Personal Login Information"), you must keep your Personal Login Information confidential, including taking appropriate measures to maintain the confidentiality, such as logging off and closing the Internet browser, especially when you are connected to the Internet through an unsecured network or when using a public computer. Your Personal Login Information is personal to you and you may not allow any third party to use it under any circumstances. KBEE is not liable for any harm caused by or related to the theft, misappropriation, disclosure, or unauthorized use of your Personal Login Information. You must contact the KBEE immediately if you become aware of or believe there is or may have been any unauthorized use of your Personal Login Information, or otherwise wish to deactivate your Personal Login Information due to security concerns.
7. Privacy Policy.
a) For information about KBEE's data protection practices and KBEE's use and protection of your personal information, please read KBEE's Privacy Policy which is incorporated into and made a part of these Terms of Use.
b) Your California Privacy Rights. Under California’s “Shine the Light” law (Civil Code section 1798.83), California residents have certain rights regarding the disclosure of their Personal Data to third parties for their own direct marketing purposes. KBEE’s policy is not to disclose your Personal Data to third parties for the third parties’ direct marketing purposes if you have exercised your option to prevent that information from being disclosed to third parties for those purposes. If you wish to not have your personal information shared for those purposes, you may request that KBEE delete your Personal Data.
Other residents: You may make a verified request to Indeed regarding your Personal Data. While KBEE does not sell your Personal Data, you can nonetheless make a formal request to delete your Personal Data held by KBEE.
Our full privacy and cookie policy is located at https://www.thekbee.com/privacy.
8. User Obligations.
a. You warrant that you will abide by, without limitation, all applicable local, state, national and international laws and regulations with respect to your use of the Site. You agree to only use your own personal login credentials. You warrant that you will not impersonate any other person or entity, whether actual or fictitious, when using the Site. If any false, inaccurate, untrue, unauthorized use is detected, KBEE reserves the right to terminate your access and use of the Site.
b. Your Responsibility for KBEE account access. You are responsible for any action that you permit, assist or facilitate to be taken through your KBEE account and associated Content. You are responsible for the security of all access credentials, including all passwords, to all KBEE accounts you manage. You are responsible for maintaining the security of any access codes, passwords, technical specifications, connectivity standards or protocols, assigned to you and/or created by you to gain access to the Product and/or Content. You are responsible for all activities that occur in your KBEE account including any Product or Content access you allow, regardless of whether the activities are undertaken by you, by others on your behalf (including any of your administrative users and/or any Client you authorize). You agree to notify us immediately if you learn of any unauthorized use of any access credentials or any other known or suspected breach of security. You agree that we will not be liable for any loss of any kind resulting from a) any entity using your Account access credentials; and b) activity within your Account, either with or without your knowledge or authorization.
c. Your Responsibility for Security. You are responsible for the proper configuration and maintenance of physical, administrative and technical safeguards as they relate to access to and use of KBEE products or services. In no event will we be responsible, nor will we have any liability, for physical, administrative, or technical controls related to the products, systems, networks, devices, facilities, or information technology that you partially or completely control, including but not limited to network connectivity and internet connectivity. KBEE uses physical, technical and administrative safeguards designed to secure products, services, and content under our control against accidental or unauthorized loss, access or disclosure. However, no password-protected system of data storage and retrieval can be made entirely impenetrable and you acknowledge and agree that despite the measures employed, the Products and Content are not guaranteed against all security threats or other vulnerabilities and you use the Products with all Content at your own risk.
9. Proprietary Rights. The content of the Site includes, without limitation, (i) KBEE's trademarks, service marks, logos, brands, and brand names, trade dress and trade names and other distinctive identification (collectively "KBEE Marks"); and (ii) information, data, materials, interfaces, computer code, databases, products, services, software applications and tools, text, images, photographs, audio and video material, including podcasts, and artwork, and (iii) the design, structure, selection, compilation, assembly, coordination, expression, functionalities, applications, look and feel, and arrangement of any content contained in or
available through the Site (the items identified in subsections (i) (ii) and (iii) shall be collectively referred to herein as "KBEE Content"). KBEE Content is the property of the KBEE, its licensors, sponsors, partners, advertisers, content providers or other third parties and is protected by law including, but not limited to, copyright, trade secret, patent, and trademark law, as well as other state, national and international laws, treaties and regulations. The reproduction, transmission, distribution, sale, publication, broadcast, circulation or dissemination of any KBEE Content by you, or by you through any other person or entity, is prohibited unless express written consent is separately obtained from the or the owner of such content if The KBEE is not the owner. The KBEE and its technology partners shall retain all rights of ownership of The KBEE technology and knowledgebase, content in The KBEE knowledgebase, all copyrights and other intellectual property, and all modifications and changes to the technology. In no event shall title to all or any part of The KBEE knowledgebase technology or content pass to you and all such The KBEE knowledgebase technology and content shall remain the exclusive property of The KBEE and/or its technology partners. You assign and transfer full ownership of any copyright of your specific content or customized content to The KBEE, exclusive of any content owned by third-parties.
Any use of the KBEE Marks without KBEE's express written consent is strictly prohibited. You may not alter, delete, obscure or conceal any copyright or other notices appearing in the KBEE Content, including any such notices appearing on any KBEE Content. You are not permitted to download, transmit, display, print, or reproduce from the Site.
10. Responsibility for Use of the Internet and Website and Exclusion of Liability. Use of the Internet and the Site is solely at your risk and is subject to, without limitation, all applicable local, state, national and international laws and regulations. Unless expressly required by law, the KBEE does not guarantee the confidentiality or security of any communication or other material transmitted to or from the Site over the Internet or other communication network. The KBEE shall not be obligated to correct or update the Site or the KBEE Content and shall not be liable for omissions, typographical errors, or out-of-date information which may appear on the Site.
11. Disclaimer as to Accuracy of Information. The information on the Site and KBEE Content are for informational purposes only, The information contained in the Site and KBEE Content may or may not reflect the most current developments; accordingly, information on the Site are not promised or guaranteed to be correct or complete, and should not be relied upon as such.
12. Third Party Information. The Site may feature materials, information, products, and services provided by third parties. Any such information, including but not limited to articles, press clippings, opinions, advice, statements, services, offers or other information made available by third parties such as content providers and other users of the Site are those of the respective third party and not of KBEE or its affiliates. KBEE makes no representation with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, or reliability of such third-party materials, information, services or products. The KBEE shall not be held responsible or liable for omissions or errors in any documentation, intellectual property, or content produced by the you or other parties.
Each party represents and warrants, to the best of its knowledge and belief and solely for the benefit of the other party, that any intellectual property, confidential information, or content provided to the other party will not infringe the intellectual property rights of any third party in the United States or any country that is a member of the Berne Convention at the time of the alleged infringement. You represent and warrant that you are the legal owner or lawful licensee of the intellectual property or content submitted to the KBEE knowledgebase.
Each party will defend, indemnify and hold harmless the other party from any claim arising from that party’s material breach of the non-infringement warranty described above. If given prompt notice of such a claim and the ability to control its defense, the indemnifying party will pay any damages, costs, expenses (including reasonable legal fees) and settlements entered into with its approval in satisfaction of the claim. Each party will cooperate with the other party in any such proceedings. Neither party is obligated to indemnify the other with respect to claims resulting from any modifications to intellectual property by employees and consultants of the party seeking indemnification. If indemnifying party does not defend the claim in a timely manner, the indemnified party shall have the full rights to defend, pay, or settle such claim on indemnifying party’s behalf and indemnifying party shall pay any judgment or settlement of the claim and reimburse indemnified party for its costs and expenses (including, but not limited to reasonable attorneys’ fees and other legal fees) in connection with the claim.
13. Notice For Claims Of Intellectual Property Or Copyright Infringement; Agent For Notice Of Infringement. The KBEE respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the KBEE’s Copyright Agent the following information:
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(b) a description of the copyrighted work or other intellectual property that you claim has been infringed;
(c) a description of where the material that you claim is infringing is located on the site;
(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; and
(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 or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
The KBEE’s Copyright Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
By mail:
The KBEE
1235 Activity Dr Ste B
Vista, CA 92081
14. Advertisers. The Site may contain advertisements. The inclusion of advertisements on the Site does not imply endorsement of the advertised products or services. The KBEE shall not be responsible for any loss or damage of any kind incurred as a result of the presence of such advertisements on the Site. Further, shall not be responsible or liable for the statements or conduct of any third party advertisers appearing on the Site. You shall be solely responsible for any correspondence or transactions you have with any third party advertisers.
15. Links to Third Party Website. The Site may provide links (including any link through an on-line banner advertisement) to other sites on the Internet for your convenience. These other sites are maintained by third parties over which KBEE exercises no control. The appearance of any such third party links is not intended to endorse any particular company or product. If you decide to access any of the third party sites linked to this Site, you do so entirely at your own risk.
16. Cookie Policy; We use cookies, which are small files of letters and numbers that we store on your browser or the hard drive of your computer or other electronic device if you agree. We use cookies to limit certain types of cyber attacks. Testing, Usability, and Performance Improvement Purposes: We use cookies to ensure users receive a consistent user experience while we conduct A/B testing on certain aspects of our Site in order to improve our product offerings.
Our full privacy and cookie policy is located at https://www.thekbee.com/privacy.
17. Warranties Disclaimed. The website and content are provided "As is" and "As available." neither KBEE, its affiliates, subsidiaries, employees, officers, members, or trustees nor any of its agents, representatives, suppliers, advertisers, contractors, promotional partners, or licensors (collectively "KBEE parties") provide any express or implied representation or warranty of any kind, including without limitation, any representation or warranty that (I) the site or KBEE content, or any results that may be obtained by you, are complete, accurate, reliable or non-infringing; (ii) access to the site will be uninterrupted, timely, secure, or that the site or the code is error free; (iii) the quality of any products, services, information or other material purchased or obtained by you through the site will meet your expectations; or (iv) KBEE content will remain unchanged or accessible on the site. ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
18. Exclusion of and Limitation of Liability. THE KBEE SHALL NOT BE LIABLE, AND DISCLAIM ANY LIABILITY, FOR ANY CLAIM, LOSS OR DAMAGE, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY OR
PUNITIVE DAMAGES OF ANY KIND WHATSOEVER IN CONNECTION WITH, AS A RESULT OF, OR ARISING (I) OUT OF THE USE OF OR INABILITY TO USE THE SITE AND/OR ANY KBEE CONTENT; (II) FROM ANY INTERRUPTION IN THE AVAILABILITY OF THE SITE AND/OR KBEE CONTENT; (III) FROM ANY LOSS, CORRUPTION, OR EXPOSURE OF DATA FOR ANY REASON AND/OR FROM ANY EQUIPMENT FAILURE; (IV) OUT OF THE PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY PROBLEMS WITH THE GOODS, CONTENT AND/OR SERVICES PURCHASED OR OBTAINED FROM THE SITE, OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SITE; (V) FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (VI) FROM STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; (VII) FROM ANY DELAY OR FAILURE OF THE SITE ARISING OUT OF CAUSES BEYOND KBEE'S CONTROL; (VIII) OUT OF THE USE OF, REFERENCE TO, OR RELIANCE ON, THE KBEE CONTENT; (IX) OUT OF ANY THIRD PARTY MATERIALS, INFORMATION, PRODUCTS AND SERVICES CONTAINED ON, OR ACCESSED THROUGH, THE SITE (X) OUT OF ANY CONTENT, MATERIALS, ACCURACY OF INFORMATION, AND/OR QUALITY OF THE PRODUCTS, SERVICES OR MATERIALS PROVIDED BY OR ADVERTISED ON THIRD PARTY WEBSITE; OR (XI) OUT OF ANY OTHER MATTER RELATING TO THE SITE OR KBEE CONTENT.
6.2 EXCEPT AS OTHERWISE PROVIDED FOR HEREIN, KBEE AND ITS SHAREHOLDERS, DIRECTORS, OFFICERS, AND EMPLOYEES SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY CLAIM OF DAMAGE ARISING, DIRECTLY OR INDIRECTLY FROM THE FURNISHING OF SERVICES OR PRODUCTS PURSUANT TO THESE TERMS OF USE OR FROM INTERRUPTION OR LOSS OF USE THEREOF, OR FROM ANY OTHER CAUSE. UNDER NO CIRCUMSTANCES SHALL KBEE AND ITS SHAREHOLDERS, DIRECTORS, OFFICERS, AND EMPLOYEES BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING BUT NOT LIMITED TO: LOSS OF REAL OR ANTICIPATED PROFITS, LOSS OF BUSINESS USE, LOSS OF DATA, OR OTHER ECONOMIC LOSS IN CONNECTION WITH THE SERVICES TO BE RENDERED HEREUNDER, EVEN IF THE PARTIES ACKNOWLEDGE THE POSSIBILITY OF SUCH DAMAGES.
KBEE shall not be considered in default hereunder due to any failure in its performance of these Terms of Use should such failure arise out of causes beyond its control and without its fault or gross negligence. Such causes shall include but are not limited to as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, government sanction, blockage, embargo, labor dispute, strike, lockout or interruption or degradation of electricity, communication lines or telephone service.
Under no circumstances shall KBEE be liable for any losses relating to the services, products, or the actions of KBEE in connection with this Agreement that was not brought to its attention by you in writing within forty-five (45) days of your discovery of its occurrence. No claim for Losses or other relief arising out of this Agreement or the ConnectWise Offering may be filed by Client more than three (3) months following its occurrence. IN NO EVENT WILL A KBEE’s LIABILITY EXCEED THE FEES PAID AND OR OWED FOR THE PRODUCT OR SERVICE THAT GAVE RISE TO THE BREACH DURING THE PREVIOUS three (3) MONTHS PRECEDING THE CLAIM. THE FOREGOING LIMITATION WILL APPLY WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY BUT WILL NOT LIMIT YOUR PAYMENT OBLIGATIONS.
In the event you are dissatisfied with, or dispute, these terms of use, the site and/or the KBEE content, your sole right and exclusive remedy is to terminate your use of the site, even if that right or remedy is deemed to fail of its essential purpose. You confirm that KBEE has no other obligation, liability or responsibility to you or any other party.
19. Exclusions permitted by law. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only the above limitations in sections 17 and 18 which are lawful in your jurisdiction will apply to you and KBEE's liability will be limited to the maximum extent permitted by law.
20. Indemnification. To the fullest extent permitted by law, you shall defend, indemnify, and hold harmless the KBEE from and against all claims arising from or in any way related to your use of the Site and/or KBEE Content, a violation by you of these Terms of Use or any other actions connected with your use of the Site and/or KBEE Content, including any liability or expense, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys fees. KBEE will provide prompt written notice of any such claims, but failure to provide such notice will not release you from any of your obligations pursuant to this Section except to the extent that you are actually prejudiced by such failure, and will not relieve you from any other liability that you may have to the KBEE other than under this Section.
21. Term and Termination. These Terms of Use will take effect at the time you begin using the Site. The KBEE reserves the right, with or without notice, at any time and for any reason to deny you access to the Site or to any portion thereof, and to terminate these Terms of Use. These Terms of Use will terminate automatically if you fail to comply with the terms set forth herein. You may terminate these Terms of Use at any time by ceasing to use the KBEE Website, but all applicable provisions of these Terms of Use will survive such termination. Upon termination, you must destroy all copies of any portion of the Site, including any KBEE Content, in your possession.
22. Arbitration; Venue. Any dispute, controversy or claim arising out of or under these Terms of Use shall be submitted by the parties to conclusive and binding arbitration in San Diego, California in accordance with the rules of American Arbitration Association. The decision of such arbitration shall be final for all purposes and may be enforced in an appropriate court in accordance with California law. Such claims shall be submitted to final and binding arbitration within one (1) year after the claim arose or be barred. For these purposes, a claim for breach of confidentiality, infringement of a party’s intellectual property rights or violation of any intellectual property license restrictions imposed by these Terms of Use will be deemed to arise
on the date that an executive officer of the aggrieved party discovers or should have reasonably discovered the events giving rise to the claim. Arbitration will be conducted according to American Arbitration Association’s Commercial Arbitration Rules and Mediation Procedures in effect at the time of filing for arbitration. The parties will cooperate with American Arbitration Association and each other in selecting a single arbitrator who shall be a former judge with substantial experience in resolving business disputes with particular experience in resolving disputes involving computer services. The arbitrator shall not be empowered to award damages in excess of, or inconsistent with, the liability limitations contained in these Terms of Use. Both parties will share the costs and fees of the arbitrators equally. Each party will bear its own costs and expenses of the proceeding. Each party agrees to arbitrate any issue concerning the types of claims that are subject to arbitration. These Terms of Use involve interstate commerce subject to jurisdiction under the Arbitration Act. This Section may be enforced by any court of competent jurisdiction. This Section shall not preclude either party from seeking equitable and/or legal relief in any court of competent jurisdiction to enforce each party’s intellectual property rights (including confidentiality restrictions) or any intellectual property license “scope of use” provisions of these Terms of Use. Notwithstanding the foregoing, any dispute, controversy, or claim arising out of under these Terms of Use under $15,000 shall be submitted by the parties to a court of competent jurisdiction in San Diego County, California.
23. Governing Law. These Terms of Use and all matters regarding your use of the Site shall be governed by, construed in accordance with, and enforced under the laws of the State of California applicable to contracts made and executed and wholly performed in the State of California, without regard to choice of law principles. Neither the Uniform Computer Information Transaction Act nor the United Nations Convention on Contracts for International Sale of Goods apply and their applicability is expressly excluded. Printed copies of any and all agreements and/or notices in electronic form shall be admissible in any legal, investigative or regulatory proceedings.
24. Waiver and Severability. If any term, condition, or provision in these Terms of Use is determined by a court or other tribunal of competent jurisdiction to be invalid, unlawful or unenforceable, it is both parties’ intentions that the offending provision be conformed to the minimum requirements of the law while reasonably preserving both parties’ original intent. In case any provision of these Terms of Use shall be invalid, illegal or unenforceable, such provision shall be severed from these Terms of Use. The validity, legality and enforceability of the remaining provisions of these Terms of Use shall not in any way be affected or impaired thereby.
Waiver of any provision of these Terms of Use or of a party’s rights or remedies under these Terms of Use must be in writing to be effective. Waiver of any provision hereof does not implicitly waive any other provision hereof. Failure, neglect or delay by a party to enforce any provision of these Terms of Use or its rights or remedies at any time, will not be construed or be deemed to be a waiver of such party’s rights under these Terms of Use and will not in any way affect the validity of the whole or any part of these Terms of Use. Waiver of any provision shall not preclude a party from enforcing the provision on future occasions.
25. Complete Agreement. These Terms of Use, together with any revision, any Additional Terms or Conditions incorporated by reference, and any Click-through Agreement, constitutes the entire agreement between you and the relating to the Site and its use by you, and supersedes
any previous written or oral communication regarding use of the Site. The Site are intended to be consistent with and in furtherance of the KBEE's policies. These Terms of Use supersede, and cannot be varied, contradicted, or supplemented by evidence of any prior or contemporaneous discussions, correspondence, or oral or written agreement of any kind except for any Addenda executed pursuant and consistent with these Terms of Use. Any extraneous communications, including web site materials, are specifically excluded from these Terms of Use.
You may issue transactional documents including but not limited to purchase orders, purchase agreements, or invoices however any terms or conditions contained in those documents will not supplement, waive, modify, or contradict any provision of these Terms of Use. Any amendment or modification of any provision of these Terms of Use must be in writing and executed by each party’s authorized representative. Any attempt at modification that does not adhere strictly to that standard is null and void. Notwithstanding the foregoing, KBEE reserves the right to amend or replace its support policies, price lists, product release dates or other terms or conditions of these Terms of Use prospectively upon reasonable advance notice. If you disagrees with any such amendment proposed by KBEE, you may, as its exclusive remedy, terminate these Terms of Use upon written notice.
26. Contact Information. If you have any questions or concerns regarding these Terms of Use or the Site, please visit our Contact US page or email us at info@thebee.com.
27. Statute of Limitations. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Site must be filed by you within one (1) year after such claim or cause of action arose or be forever barred.
28. Use of Website and Content outside of the United States. KBEE makes no claims regarding access or use of the Site or the KBEE Content outside of the United States. If you use or access the Site or the KBEE Content outside of the United States, you do so at your own risk and are responsible for compliance with the laws and regulations of your jurisdiction as well as these Terms of Use.
29. Account Information You acknowledge, consent and agree that the KBEE may access, preserve and disclose your account information and the User Content you have posted by Users of the Services if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary in the sole opinion of the KBEE to: (a) comply with legal process; (b) enforce the TOU; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of the Administrators, its Users and the public.
30. Other Terms of Use/Services. On sites not operated by the KBEE, you are also subject to the Terms of Service (TOS) of that host site. Information (comments, photos, videos, etc.) you share with or post to KBEE social media profiles is also subject to the TOS of the host site and may be used by the owners of the host site for their own purposes under the host site’s TOS. For more information, consult the host website TOS.
This Terms of Use is subject to amendment or modification at any time.
Revised December, 2023
Copyright © 2023 The KBee – 7660 Fay Ave #H184, La Jolla, CA 92037 – (872) 777-2727