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These Terms and Conditions of Use (the "Terms") apply to the PB Inc. dba Pebblebee website located at www.Pebblebee.com (the “Site”), as well as all associated applications and services, including but not limited to, the mobile applications downloadable from the Apple iTunes app store and the Google Play store owned by Android (collectively the "Services"). The Services are the property of PB Inc. dba Pebblebee ("Pebblebee") and its licensors. BY USING THE SERVICES, YOU AGREE TO THESE TERMS; IF YOU DO NOT AGREE, DO NOT USE THE SERVICES.
Pebblebee reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms, at any time. It is your responsibility to check these Terms periodically for changes. Your continued use of the Services following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms, Pebblebee grants you a personal, non-exclusive, non-transferable, limited privilege to enter the Site and use the Services.
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, artwork and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained in the Services is owned, controlled or licensed by or to Pebblebee, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Except as expressly provided in these Terms, no part of the Services and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without Pebblebee’s express prior written consent.
You may use information on Pebblebee’s products and services (such as the descriptions, specifications or instructional materials) purposely made available by Pebblebee for your use, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.
The Services contains interactive features that allow you to post, submit, publish, display or transmit content which may be viewed by Pebblebee, other Services visitors, and third parties (“User Content”). You agree that all User Content is non-proprietary and does not violate any third party rights. You hereby grant Pebblebee a license to use, reproduce, modify, perform, display, distribute, or otherwise disclose to third parties such User Content. By submitting User Content to the Services, you understand and acknowledge that you are responsible for such User Content, including ownership and control of all rights therein, and the reliability, accuracy, and appropriateness thereof. Pebblebee reserves the right to reject or remove any User Content that Pebblebee, in its sole discretion, deems offensive, inappropriate, or in violation of these Terms.
Access to certain portions of the Site, or certain Services, may require the creation and use of a personalized and/or enterprise-specific account (“Account”). You or your employer may create your own Account or one may be assigned to you by Pebblebee to facilitate services. You are solely responsible for maintaining the security of Account identification information, such as usernames and passwords, for insuring that none are made available for any purpose to anyone other than authorized users, and for insuring that authorized users do not share Account identification information with anyone not authorized to access the Account. If you wish to revoke a username or password, it may do so at any time by notifying Pebblebee of such revocation. Pebblebee will invalidate the username and password and, if requested, may provide replacements. If you suspect that someone else knows or has changed your password or otherwise accessed your Account, please notify Pebblebee immediately using the Contact Us section of the Site.
You may not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Services or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Services or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Services. Pebblebee reserves the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of the Services, or any other systems or networks connected to the Services or to any Pebblebee server, or to any of the services offered on or through the Services, by hacking, password "mining" or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Services or any network connected to the Services, nor breach the security or authentication measures on the Services or any network connected to the Services. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Services, or any other customer of Pebblebee, including any Pebblebee Account not owned by you, to its source, or exploit the Services or any service or information made available or offered by or through the Services, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Services.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Services or Pebblebee’s systems or networks, or any systems or networks connected to the Services.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Services or any transaction being conducted on the Services, or with any other person’s use of the Services.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Pebblebee on or through the Services or any service offered on or through the Services. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You may not use the Services or any Content for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of Pebblebee or others.
The Services may contain links to other independent third-party web Services ("Linked Services"). These Linked Services are provided solely as a convenience to you. Such Linked Services are not under Pebblebee’s control, and Pebblebee is not responsible for the content of such Linked Services, including any information or materials contained on such Linked Services. You will need to make your own independent judgment regarding your interaction with these Linked Services.
PEBBLEBEE DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, ASPECT OR FEATURE OF THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SERVICES WILL PROVIDE SPECIFIC RESULTS. THE SERVICES AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON THE SERVICES IS SUBJECT TO CHANGE WITHOUT NOTICE. PEBBLEBEE CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SERVICES WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. PEBBLEBEE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PEBBLEBEE DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SERVICES AND/OR ANY PEBBLEBEE SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SERVICES AND ANY LINKED SERVICES. YOUR SOLE REMEDY AGAINST PEBBLEBEE FOR DISSATISFACTION WITH THE SERVICES OR ANY CONTENT IS TO STOP USING THE SERVICES OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
Pebblebee reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Services, or any portion of the Services, for any reason; (2) to modify or change the Services, or any portion of the Services, and any applicable policies or terms; and (3) to interrupt the operation of the Services, or any portion of the Services, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Except where prohibited by law, in no event will Pebblebee be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Pebblebee has been advised of the possibility of such damages.
If, notwithstanding the other provisions of these Terms, Pebblebee is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Services or any Content, Pebblebee’s liability shall in no event exceed US$100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply in certain instances.
You agree to indemnify and hold Pebblebee, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Pebblebee by any third party due to or arising out of or in connection with your use of the Services.
Pebblebee may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any legal investigation or complaint regarding your use of the Services, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Pebblebee’s rights or property, or the rights or property of visitors to or users of the Services, including Pebblebee’s customers. Pebblebee reserves the right at all times to disclose any information that it deems necessary to comply with any applicable law, regulation, legal process or governmental request. Pebblebee also may disclose your information when Pebblebee determines that applicable law requires such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that Pebblebee may preserve any transmittal or communication by you through the Services or any service offered on or through the Services, and may also disclose such data if required to do so by law or Pebblebee determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Pebblebee, its employees, users of or visitors to the Services, and the public.
You agree that Pebblebee may, in its sole discretion and without prior notice, terminate your access to the Services and/or block your future access to the Services if we determine that you have violated these Terms or other agreements or guidelines which may be associated with your use of the Services. You also agree that any violation by you of these Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to Pebblebee, for which monetary damages would be inadequate, and you hereby consent to Pebblebee obtaining any injunctive or equitable relief that Pebblebee deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Pebblebee may have at law or in equity.
You agree that Pebblebee may, in its sole discretion and without prior notice, terminate your access to the Services, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated Account deletions), (3) discontinuance or material modification of the Services or any service offered on or through the Services, or (4) unexpected technical issues or problems.
You agree that all matters relating to your access to or use of the Services, including all disputes, will be governed by the laws of the United States and the State of Washington without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in King County, Washington, and waive any objection to such jurisdiction or venue. The preceding provision regarding venue does not apply if you are a consumer based in the European Union. If you are a consumer based in the European Union, you may make a claim in the courts of the country where you reside. Any claim under these Terms must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. In the event of any controversy or dispute between Pebblebee and you arising out of or in connection with your use of the Services, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Services, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
If any of the provisions of these Terms are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms, so that these Terms shall remain in full force and effect. These Terms constitute the entire agreement between you and Pebblebee with regard to your use of the Services, and any and all other written or oral agreements or understandings previously existing between you and Pebblebee with respect to such use are hereby superseded and cancelled. Pebblebee’s failure to insist on or enforce strict performance of these Terms shall not be construed as a waiver by Pebblebee of any provision or any right it has to enforce these Terms, nor shall any course of conduct between Pebblebee and you or any other party be deemed to modify any provision of these Terms. These Terms shall not be interpreted or construed to confer any rights or remedies on any third parties.