Please take the time to thoroughly review these terms. They contain important information regarding the services that are provided to you, as well as any charges, taxes, and fees that may be incurred. It is important to understand these terms before using the services.
To ensure a smooth experience for all users, we have established certain rules and restrictions for the use of our website, products, services, widgets, and applications. If you have any questions, comments, or concerns, please don't hesitate to contact us at:
Your use of the Services implies that you acknowledge and agree to the terms outlined in these Terms of Service, which form a binding contract between you and Bixbeta. These terms will remain in effect as long as you use the Services.
The following policies apply to your interaction with BixBeta Inc. (“BixBeta”, “we”, “us” or “our”) through the website BixBeta.com, e-mail, newsletters, social media pages, or other interactive features and communications (collectively, the “Site”).
To use the services, you may be asked to create an account and choose a password and username (User ID). You may also be required to provide us with certain personal information, such as your contact information.
You agree to provide us with accurate, complete, and up-to-date registration information about yourself. You are not permitted to choose a username that you do not have the right to use or that impersonates someone else. Additionally, you may not transfer your account to another person without our written consent.
You agree to use the services in compliance with all applicable laws. This includes any obligations, conditions, and requirements outlined in these terms, as well as any laws related to donations (whether you are using the services as a donor or as an organization). Any failure to comply with these laws while using the services is strictly prohibited.
You agree not to share your BixBeta User ID, account, or password with anyone else, and to take measures to protect the security of your BixBeta User ID, account, password, and any other access tools or credentials. You are solely responsible for any activity that occurs under your BixBeta User ID and account.
While we make reasonable efforts to ensure the accuracy of information on the Site, all content is provided "as is" without any warranty. Descriptions and specifications of products and services on the Site are subject to change without notice.
The Site, including all text, graphics, images, video, information, and other materials displayed or available for download, is protected by copyright, trademark, and other laws and may only be used as permitted in these Terms of Service or with our prior written permission. You may not modify the information or materials on the Site, or use any information or materials for any public or commercial purpose, without our permission. Any unauthorized use may violate copyright, trademark, privacy, and publicity laws.
Certain trademarks, trade names, service marks, and logos on the Site are registered and unregistered trademarks, trade names, and service marks of BixBeta and its affiliates. Other trademarks, trade names, and service marks are the registered and unregistered trademarks, trade names, and service marks of their respective owners. No portion of the Site grants, or should be construed as granting, a license or right to use any trademarks, trade names, service marks, or logos without the written permission of BixBeta or the respective owner.
Displaying the Site in frames on another website or linking to the Site without prior written permission is prohibited. All permitted links must comply with all applicable laws, rules, and regulations.
Personally identifiable information provided to us is subject to our Privacy Policy, which is incorporated into these Terms of Service.
Your use of the Site is at your own risk. The information, materials, and services on the Site are provided "as is" without any express or implied warranties of any kind, including warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property. BixBeta and its affiliates, employees, directors, and representatives do not warrant the accuracy or completeness of the information, materials, or services on the Site. This exclusion of warranties does not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions.
We are not liable to you or anyone else for any damages, including special, incidental, indirect, consequential, moral, exemplary, or punitive damages, arising out of or in connection with your use of the Site, regardless of cause and regardless of the theory of liability, including breach of contract or warranty, negligence, or other tortious action. Nothing in the terms limits or excludes our liability for gross negligence, intentional misconduct of BixBeta or its employees, death, or personal injury.
This section on Arbitration is important, so please read it carefully as it affects your rights and the resolution of any complaints or disputes that may arise between you and BixBeta. You and BixBeta agree that this section meets the requirement for writing under the Federal Arbitration Act, and can only be amended by mutual agreement.
Our goal is to resolve any complaints, disputes, or disagreements you may have with us informally. However, by using the Site, you agree that any such complaints, disputes, or disagreements, as well as any claims BixBeta may have against you, will be resolved through final and binding arbitration administered by JAMS or its successor and conducted in accordance with the JAMS Streamlined Arbitration Rules And Procedures in effect at the time the arbitration begins. These procedures will not conflict with subpart (e) below. This section does not prevent either party from seeking provisional remedies from a court of appropriate jurisdiction.
a) The arbitration will be conducted by a single arbitrator selected according to the rules of JAMS or by mutual agreement between you and BixBeta.
b) The arbitrator, not any court or agency, will have the exclusive authority to resolve any disputes related to the validity, interpretation, applicability, enforceability or formation of these Terms of Service and the arbitration provisions.
c) The arbitration may take place at a location determined by JAMS, as long as it is reasonably convenient for you and does not require travel more than 100 miles from your home or place of business, or at a location mutually agreed upon by you and BixBeta.
d) The arbitrator will apply the internal laws of the State of New York, consistent with the Federal Arbitration Act and applicable statutes of limitations. If federal law prevails, the law of the U.S. will be applied, regardless of any conflict of law principles. The arbitrator may consider motions to dismiss, strike, or for any other type of legal or equitable relief and will have the authority to award such relief.
e) If any part of this arbitration provision is deemed invalid, unenforceable, illegal, or in conflict with the applicable rules, the rest of the provision will remain in effect and will be interpreted in accordance with its terms. BixBeta may modify these arbitration provisions, but any such modifications will only become effective 30 days after BixBeta has given notice and will only apply prospectively.
(f) Modification of Arbitration Clause with Notice. BixBeta may modify these arbitration provisions, but any modifications shall only become effective thirty (30) days after BixBeta has given notice of the modifications and only on a prospective basis.
You agree to protect and defend BixBeta, as well as its parent companies, affiliates, subsidiaries, and their respective officers, directors, employees, successors, and assigns, against any claim, loss, or demand, including reasonable attorney's fees, made by a third party as a result of your use of the Site, your breach of these Terms of Service, or your violation of the rights of another party. This obligation to indemnify will continue even after the termination of these Terms of Service.
The Site is controlled from within the United States of America. We do not guarantee that the Site or its content, including products and services offered on the Site, are appropriate or available for use outside the United States. If you access the Site from outside the United States, you do so at your own risk and must comply with all local laws, if applicable. Additionally, the export of certain technical data and software is prohibited under United States export control laws. You are not allowed to download any content from the Site that violates these laws.
You agree not to access the Site using any robot, spider, scraper, or automated means without our express written permission. You also agree not to: (i) take any action that would impose, or that we determine in our sole discretion to be an unreasonable or excessive burden on our infrastructure; (ii) interfere with or attempt to interfere with the proper functioning of the Site or any activities conducted on it; or (iii) bypass any measures we may use to prevent or restrict access to the Site.
Our failure to enforce any right or provision in these Terms of Service does not constitute a waiver of such right or provision. If any provision in these Terms of Service is deemed invalid by a court of competent jurisdiction, the parties agree that the court will make every effort to give effect to the parties' intentions as reflected in the provision. The remaining provisions in these Terms of Service will remain in full force and effect. You agree that any claim or cause of action arising from or related to the use of the Site or these Terms of Service must be filed within one (1) year of its occurrence or it will be barred forever, regardless of any statute or law to the contrary.
These Terms of Service and any other related documents and policies constitute the complete and final understanding between you and BixBeta regarding the subject matter and supersedes any previous versions of these Terms of Service, as well as any prior or contemporaneous understandings, agreements, communications, and/or advertising regarding the subject matter.
These Terms of Service may be revised at any time by updating this posting. You should periodically review these Terms of Service, as they are binding on you. Certain provisions of these Terms of Service may be superseded by legal notices or terms located on specific pages of the Site.
