Terms of Service.
These Terms of Service (these “Terms”) constitute a legally binding agreement between Behavior Sales, Inc., (“Behavior Sales”) and you, and govern your access to and use of our website, tools, and services located at https://Behavior Sales.com (the “Site”). Please read these terms carefully. By accessing or using the site in any way, you represent that you have read, understand, and agree to be bound by these terms and if you are acting on behalf of a business entity, that you have the authority to enter into this agreement on behalf of such business entity, and are authorized to bind such business entity to this agreement. If you do not agree to be bound by this agreement, you may not access or use the site.
Access and Use
Subject to your strict compliance with these Terms, Behavior Sales hereby grants you a non-exclusive, non-transferable, non-sublicensable, revocable, limited license to access and use the Site and Materials solely for your personal or internal business purposes, as applicable. You may not: (a) access the Site or any Materials to build a competitive product or service; (b) modify, copy or reverse engineer the Site or any Materials or any part thereof; (c) remove, change or replace any Behavior Sales’ Marks; (d) copy any ideas, features, functions or graphics of any Behavior Sales Property; or (e) access any part of any Behavior Sales Site, or any server, equipment, or network used to provide any Behavior Sales Site unless expressly authorized to do so or exceed any authorized level of access.
By signing up to use Behavior Sales beyond the free trial, you grant Behavior Sales the right to use your company’s name and logo on its website or other marketing materials (unless it is agreed to otherwise in an Agreement or a Statement of Work). Behavior Sales’ use of the name and logo of your company does not create any ownership right therein and all rights not granted to Behavior Sales are reserved by you and your company, as applicable.
All text, content, documents, names, logos, trademarks, service marks, brand identities, characters, trade names, graphics, designs, copyrights, trade dress, or other intellectual property appearing in the Site, and the organization, compilation, look and feel, illustrations, artwork, videos, music, software and other works on the Site (the “Materials”) are owned by Behavior Sales and its affiliates or used with permission or under license from a third party (hereinafter collectively referred to as the “Owner”) and are protected under copyright, trademark and other intellectual property and proprietary rights laws. As between Behavior Sales and you, all right, title and interest in and to the Materials will at all times remain with Behavior Sales and/or its Owners. The words “BehaviorSales ” and the “Behavior Sales ” logos, and other marks, logos, and titles are registered and/or common law trade names, trademarks or service marks of Behavior Sales. Behavior Sales reserves all other rights. Except as expressly provided herein, nothing on the Site shall be construed as conferring any license under Behavior Sales’s and/or any Owner’s intellectual property rights, whether by estoppel, implication or otherwise. Notwithstanding anything herein to the contrary, Behavior Sales may revoke any of the foregoing rights and/or your access to the Site, or any part thereof, including the blocking of your IP Address, at any time without prior notice.
Acceptable Use Policy
You agree that your use of the Site is subject to the following acceptable use policy (“AUP”) and that in the event that you violate the AUP in any way, Behavior Sales may suspend or terminate your access to the Site, including by blocking your IP Address, at any time without prior notice. You will not use, in connection with the Site or any application or product developed using any service provided by Behavior Sales or the Behavior Sales Site (each an “App”), any content (“Prohibited Content”) that:
* is offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, or is pornographic or sexually explicit in nature;
* bullies, harasses or advocates stalking, bullying, or harassment of another person;
involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing, or “spamming,”; is false or misleading or promotes, endorses or furthers illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous or would violate the regulations of the U.S. Securities and Exchange Commission or any rules of a securities exchange such as the New York Stock Exchange, the American Stock Exchange or the NASDAQ;
* promotes, copies performs or distributes an illegal or unauthorized copy of another person’s work that is protected by copyright or trade secret law, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protection devices, or providing pirated music, videos, or movies, or links to such pirated music, videos, or movies;
is involved in the exploitation of persons under the age of eighteen (18) in a sexual or violent manner, or solicits personal information from anyone under thirteen (13);
provides instructional information about illegal;
* contains viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or similar software; or otherwise violates these Terms or the terms and conditions of any Software Developer Kit, end-user license agreement, or software license provided by Behavior Sales in connection with such App.
The Site can be accessed from countries around the world and may contain references to products and/or services that are not available in your country. Behavior Sales reserves the right to limit the availability of the Site and/or the provision of any product or service available through the Site to any person, geographic area, or jurisdiction, at any time and in Behavior Sales’s sole discretion. Behavior Sales makes no representations that the Site or products and services are appropriate or available for use in all locations. Those who access or use the Site from other jurisdictions do so at their own volition and are responsible for compliance with local law.
Third Party Links
Portions of the Site may contain links to websites operated by third parties (“Third Party Sites”). Such links are provided for your convenience only, and if you access any such Third Party Sites you do so at your own risk. Behavior Sales is not responsible for the content of any such Third Party Sites, or the products and services sold on them, nor is Behavior Sales responsible or liable for any loss or damage that may arise from your use of such Third Party Sites. Links to other Third Party Sites do not imply our endorsement of any content, advertising, products, services, or other materials on or available through such Third Party Sites.
Availability of Site
From time-to-time the Site or portions thereof may be inaccessible or inoperable due to: (a) equipment malfunctions; (b) periodic maintenance procedures or repairs that Behavior Sales may undertake from time to time; or (c) causes beyond the reasonable control of Behavior Sales or that are reasonably foreseeable by Behavior Sales, such as interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. You acknowledge and agree that Behavior Sales does not guarantee access to the site on a continuous and uninterrupted basis and that Behavior Sales is not responsible for any delays, delivery failures, or other damages resulting from interruptions in the availability of the Behavior Sales properties.
Changes to Site
Behavior Sales reserves the right to modify, withdraw, suspend or discontinue, temporarily or permanently, at any time and from time to time, any Materials, product, or service available on the Site, without limitation, in whole or in part, including the cessation of all activities associated with the Site, with or without notice. You agree that Behavior Sales will not be liable to you or to any third party for any such modification, withdrawal, suspension or discontinuance.
GDPR and Personal Data Compliance
To the extent, we process any Customer Data to which the provisions of the European Union’s General Data Protection Regulation applies, the terms of the Personal Data Addendum will apply. You accept the terms listed in the Personal Data Addendum and agree that we may process the Customer Data in any location of Behavior Sales, its affiliates, partners and service providers, in accordance with the terms of this Addendum.
Arbitration; Applicable Law
Please read this carefully. It affects your rights. Except for a claim by Behavior Sales of infringement or misappropriation of any of Behavior Sales’s patent, copyright, trademark, or trade secret rights, any and all disputes between you and Behavior Sales arising under or related in any way to these Terms must be resolved through binding arbitration as described in this section. This agreement to arbitrate is intended to be interpreted broadly. It includes, but is not limited to, all claims and disputes relating to your use of the Site.
You agree that by entering into this agreement, you and Behavior Sales are each waiving the right to trial by jury or to participate in a class action. You and the developer agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Any arbitration will take place on an individual basis; class arbitrations and class actions are not permitted.
The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes of the American Arbitration Association (“AAA”), as modified by this section. For any claim where the total amount of the award sought is $10,000 or less, the AAA, you, and Developer must abide by the following rules: (a) the arbitration shall be conducted solely based on written submissions; and (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. If the claim exceeds $10,000, the right to a hearing will be determined by the AAA rules, and the hearing (if any) must take place in Tampa, Florida. The arbitrator’s ruling is binding and may be entered as a judgment in any court of competent jurisdiction. In the event this agreement to arbitrate is held unenforceable by a court, then the disputes that would otherwise have been arbitrated shall be exclusively brought in the state or federal courts located in Tampa, Florida and shall be decided pursuant to the laws of the State of Florida, excluding its conflicts of law rules that would result in the laws of a State other than Florida.
Claims of infringement or misappropriation of Behavior Sales’s patent, copyright, trademark, or trade secret shall be exclusively brought in the state and federal courts located in Tampa, Florida.
Without limiting the foregoing, the site, the materials and all other features offered via the site, are provided to you “as is” and “as available” without warranty of any kind with respect to the site and/or materials, either express or implied, including but not limited to, fitness for a particular purpose, title, or non-infringement. Should applicable law not permit the foregoing exclusion of express or implied warranties, then Behavior Sales hereby grants the minimum express or implied warranty required by such applicable law. No advice or information, whether oral or written, obtained by you from Behavior Sales, its employees, agents, suppliers or any other persons shall create any warranty, representation or guarantee not expressly stated in this section. Additionally, Behavior Sales does not make any warranties that the site will be uninterrupted, secure or error free or that your use of the site will meet your expectations, or that the site, materials, or any portion thereof, is correct, accurate, or reliable. Behavior Sales reserves the right to change any part of the site at any time without notice.
Limitation of Liability
Your use of the site is at your own risk. Neither Behavior Sales, its affiliates, nor any of their respective officers, directors, agents or other representatives will be liable for any damages, direct, indirect, incidental, consequential, special, or punitive, including, without limitation, loss of data, income, profit or goodwill, loss of or damage to property and claims of third parties arising out of your access to or use of the site or arising out of any action taken in response to or as a result of any materials or other information available on the site, however caused, whether based on breach of contract, tort (including negligence), proprietary rights infringement, product liability or otherwise. The foregoing shall apply even if company was advised of the possibility of such damages. If you become dissatisfied in any way with the site, your sole and exclusive remedy is to stop your use of the site. You hereby waive any and all claims against company and its affiliates, agents, representatives and licensors arising out of your use of the site. Because some states do not allow the disclaimer of implied warranties or the exclusion or limitation of certain types of damages, these provisions may not apply to you. If any portion of this limitation on liability is found to be invalid or unenforceable for any reason, then the aggregate liability of company and its affiliates shall not exceed one hundred dollars ($100.) The limitation of liability herein is a fundamental element of the basis of the bargain and reflects a fair allocation of risk. The site would not be provided without such limitations and you agree that the limitations and exclusions of liability, disclaimers and exclusive remedies specified herein will survive even if found to have failed in their essential purpose.
These terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of Behavior Sales. Behavior Sales may freely transfer or assign this agreement and any or all of its rights and obligations described herein without restriction.
These terms is in English and all disputes between the parties shall be resolved in English. You understand and acknowledge that any foreign language services provided by Behavior Sales are for informational purposes only and it is your obligation to obtain independent legal advice at your own expense to ensure you understand the terms of this agreement.
Behavior Sales ’ failure to enforce any provision of these terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. If any part of these terms is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these terms shall continue in effect. A printed version of these terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Payment Authorization Disclaimer
Recurring Credit Card Charge Authorization Form I (we) hereby authorize Behavior Sales Inc. to make recurring charges to my Credit Card listed below, and, if necessary, initiate adjustments for any transactions credited/debited in error. This authority will remain in effect until Behavior Sales Inc. is notified by me (us) in writing to cancel it in such time as to afford Behavior Sales Inc. and Credit Card company a reasonable opportunity to act on it. BehaviorSales.com is a Product owned by Behavior Sales Inc.. All billing, support and account activation for the Behavior Sales Inc. product will be billed and completed by Behavior Sales Inc. or it's nominated, representative. Behavior Sales Inc. has Certified and Appointed Representatives which are paid a commission on sale by Behavior Sales Inc.
Changes to these terms
The security of Your Personal Information is important to the Company. The Company protects Your Personal Information by maintaining physical, organizational, and technological safeguards against unauthorized access, unauthorized disclosure, theft, or misuse appropriate to the sensitivity of such Personal Information. Personal Information collected by the Company may only be accessed by persons within the Company who require access to provide You with access to, use of, or content, services, or products provided on or through the Platform. The Personal Information the Company collects is maintained is maintained in Canada and the United States. If You have any questions about security on the Company’s Platform, please contact [email protected]
Although the Company takes precautions against breaches of or unauthorized access to Your Personal Information, no company can fully eliminate the risks of such breaches or unauthorized access and no website, application, or platform is completely secure. The Company cannot guarantee that unauthorized access, hacking, data loss, or breaches of the Company’s security systems will never occur. Accordingly, You should not transmit Personal Information to the Company by any means if You consider that Personal Information to be sensitive.
Except as otherwise permitted or required by applicable law or regulation, the Company retains Personal Information that it collects only as long as necessary for the purposes for which such Personal Information was collected. The Company reserves the right to use anonymous and de-identified information, including anonymized or otherwise de-identified Personal Information, for any legitimate business purpose without further notice to You and without Your Consent.
Your initial payment per the terms above will also represent acceptance of these terms of service.
All feedback, comments, requests for technical support, and other communications relating to the site should be directed to [email protected]
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