APIVOX WORLD-WIDE BEES' STATE DIAGNOSTIC SYSTEM
USER LICENSE AGREEMENT
This User License Agreement (this “Agreement”) is a legal document that contains the terms and conditions under which limited use of information & diagnostic system -" WORLD-WIDE BEES' STATE DIAGNOSTIC SYSTEM" is licensed to you.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PAYMENT FOR TARIFF PLAN, WHICH YOU CHOOSE, OR BEFORE USE OF THIS SYSTEM.
BY CHECKING THE BOX OR CLICKING THE BUTTON TO CONFIRM YOUR ACCEPTANCE WHEN YOU FIRST PAYMENT FOR TARIFF PLAN, WHICH YOU CHOOSE, YOU ARE AGREEING TO ALL THE TERMS OF THIS AGREEMENT. ALSO, BY USING, OF THIS SYSTEM., YOU ARE AGREEING TO ALL THE TERMS OF THIS AGREEMENT.
IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT CHECK THE BOX OR CLICK THE BUTTON AND/OR DO NOT USE THIS SYSTEM.
WORLD-WIDE BEES 'STATE DIAGNOSTIC SYSTEM or the WORLD SYSTEM FOR DIAGNOSTICS OF THE CONDITION OF FAMILIES OF BEES ON THE BASIS OF ACOUSTIC SIGNALS, is an information and diagnostic system licensed to you . By “you,” we mean the purchaser, or end User of the Application. “You” may also mean a person who has bought the Tariff Plan for another person, which will use the System.
1. SYSTEM AND ITS USE. REASONS FOR USE OF ADDITIONAL DATA.
- Informational and diagnostic system WORLD-WIDE BEES' STATE DIAGNOSTIC SYSTEM or a global SYSTEM for diagnosing of the STATE of BEES' colonies ON the BASIS of ACOUSTIC SIGNALS is created with the goal, to inform User about the state of his bees' families, basing on the monitoring of acoustic signals, emitted by the bees, at different moments of their life, and recorded with the use of appropriate mobile application to his smartphone as an audio file, and transmitted to the Diagnostic Center by the User of the System.
- Record of acoustic files must be carried out strictly according to the requirements of the acoustic control device - Apivox Smart Monitor. This means, that the recording should be done at the right time, in the right place of the hive, and on the recording it should be clearly heard the sound of bee family. Otherwise, the record will be rejected by the system as not meeting the requirements.
- Informational and diagnostic system WORLD-WIDE BEES' STATE DIAGNOSTIC SYSTEM or a global SYSTEM for diagnosing of the STATE of BEE colonies ON the BASIS of ACOUSTIC SIGNALS, receive files and comments, recorded by the User, through the mobile application WhatsApp or another application that allows you to send messages of a private nature, attaching to them text, sound, photo and video files.
- Informational and diagnostic system WORLD-WIDE BEES' STATE DIAGNOSTIC SYSTEM or a global SYSTEM for diagnosing of the STATE of BEE colonies ON the BASIS of ACOUSTIC SIGNALS, analyzes the received audio files with the use of professional sound reproducing equipment, Apivox algorithms and device Apivox Smart Monitor and other programs and resources, including those, associated with geolocation and monitoring of natural resources and weather conditions.
- In connection with the use of these software and hardware, the System User provides data on the position of the apiary, its equipment with certain types of hives, and the breed of bees. In addition, contact details are provided for communication, and payment control. We guarantee, that these data will not be used for any other purposes.
- To work with the system, the future User selects the Tariff Plan, in accordance with which he plans to receive consultations and diagnostics about the state of his bee colonies. The Tariff Plan has the first parameter - the number of bee colonies about state of which, the User can make request within one day, and the second parameter - time period, during which the User plans to use the services of the System. In accordance with the selected Tariff Plan, the User can send the corresponding number of requests about the state of his bees' families.
- At the end of the validity period of the paid Tariff Plan, new diagnostics will be made only after purchasing a new Tariff Plan for a new period of time.
2. THE PROCEDURE OF PAYMENT AND FURTHER RECEIVING OF
DIAGNOSTICS.
The Buyer read and studies this License Agreement, and if he agrees, then :
- The buyer fills out the form with data, necessary for working with the information and diagnostic system.
- The buyer makes the payment in accordance with the chosen Tariff Plan, depending on the number of hives of his apiary, and period of time, during which he plans to receive services. Payment should be made using Pay Pal payment system.
- After reception of payment, and after comparing payment data with the data transmitted during registration, the Buyer connects to the system, and can transfer audio recordings and receive advices and diagnostics, thus becoming the User of the system.
3. LICENSE PERMISSIONS.
The user has the right to dispose with the information, obtained during the consultative and diagnostic activities at his own discretion, without any restrictions.
4. RESTRICTIONS AND PROHIBITIONS OF THIS LICENSE.
The User has no right to transfer data from other apiaries for consultation, as this data will definitely violate the monitoring system of his apiary, and will lead to deterioration of diagnostic results and, as a result, to deterioration of the image of the System in the eyes of the Users community, and to possible loss of business reputation and to financial losses.
5. UPDATES AND INFORMATION MESSAGES.
In cases when this will be required, we can provide you with updates of metodics of making records bees sounds and about other elements, associated with the control of acoustic signals. By the acceptance of this Agreement, you agree to automatically receive updates and informational messages from the System.
6. DATA AND PRIVACY.
We are committed to protecting your privacy. Our goal is to provide you with a positive experience when using our WORLD-WIDE BEES' STATE DIAGNOSTIC SYSTEM, while at the same time keeping your Personal Information, as defined in the Privacy Policy, secure.
By using our WORLD-WIDE BEES' STATE DIAGNOSTIC SYSTEM or providing us with your Personal Information, you are accepting and consenting to the practices, terms and conditions described in the Privacy Policy. At all times your information will be treated in accordance with the Privacy Policy, which is incorporated by reference into this Agreement.
7. INTELLECTUAL PROPERTY RIGHTS.
All title and intellectual property rights (including without limitation all copyrights, patents, trade secret rights and trademark rights) in and to the WORLD-WIDE BEES' STATE DIAGNOSTIC SYSTEM and Apivox Smart Monitor Application (including but not limited to any content incorporated into the System and Application), the accompanying printed materials, are owned by us. Therefore, you must treat the WORLD-WIDE BEES' STATE DIAGNOSTIC SYSTEM and Apivox Smart Monitor Application like any other material protected by laws and treaties relating to international property rights and in accordance with this Agreement.
8. INDEMNITY.
If we will be the subject of a claim, becomes involved in a legal proceeding, or suffers any economic loss or damage as a result of your violation of this Agreement, to the extent permitted by law, you will be responsible for compensating us for the full amount of her loss, as well as any reasonable amounts we incurs in lawyers' fees, expenses and court costs, except to the extent that we contributed to the loss or damage.
9. TERM.
This Agreement is effective when you click on the “I Accept” button, or when you in any other way use WORLD-WIDE BEES' STATE DIAGNOSTIC SYSTEM, or perform another action, which will constitute your acceptance of, and agreement to, this Agreement.
Once accepted, this Agreement remains in effect until terminated. The limited license in this Agreement will be automatically terminated if you fail to comply with any of the terms and conditions in this Agreement. But all provisions of this Agreement in Section 6, 7, 8 and 10 will survive termination.
10. LIMITED WARRANTY AND DISCLAIMER.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RESULTS OF CONSULTATIVE AND DIAGNOSTIC WORK OF WORLD-WIDE BEES' STATE DIAGNOSTIC SYSTEM ARE PROVIDED TO YOU “AS IS,” WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND. IN THOSE JURISDICTIONS WHERE IT CAN LAWFULLY DO SO, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE, OUR RESELLERS HEREBY DISCLAIM AND EXCLUDE ALL OTHER WARRANTIES, EXPRESS, STATUTORY OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, ACCEPTABLE OR SATISFACTORY QUALITY, NON-INFRINGEMENT, TITLE, FITNESS FOR A PARTICULAR PURPOSE, LOSS OF OR DAMAGE TO DATA, LACK OF VIRUSES OR FREE FROM VIRUS OR MALWARE ATTACK, SECURITY, PERFORMANCE, LACK OF NEGLIGENCE, WORKMANLIKE EFFORT, QUIET ENJOYMENT, THAT THE FUNCTIONS, PERFORMED BY INFORMATION AND DIAGNOSTIC SYSTEM, NAMED WORLD-WIDE BEES 'STATE DIAGNOSTIC SYSTEM, WILL MEET YOUR REQUIREMENTS, OR THAT YOUR USE OF WORLD-WIDE BEES 'STATE DIAGNOSTIC SYSTEM WILL GENERATE ACCURATE, RELIABLE, TIMELY RESULTS, INFORMATION, MATERIAL OR DATA.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US, A DEALER, OR AGENT SHALL CREATE A WARRANTY.
YOU USE WORLD-WIDE BEES' STATE DIAGNOSTIC SYSTEM AT YOUR OWN RISK AND DISCRETION. YOU ARE SOLELY RESPONSIBLE FOR (AND WE DISCLAIMS) ANY AND ALL LOSS, LIABILITY, OR DAMAGES, INCLUDING TO YOUR HOME, MOBILE DEVICE, HEALTH AND ALL OTHER ITEMS AND PETS IN YOUR HOME, RESULTING FROM YOUR MISUSE OF DIAGNOSTIC DATA, RECEIVED FROM THE SYSTEM.
IF YOU ARE NOT COMFORTABLE WITH USING THE PRODUCT AFTER READING ALL INSTRUCTIONS YOU MUST NOT PURCHASE ANY TARIFF PLAN AND USE THE SYSTEM.
WE ARE NOT RESPONSIBLE FOR :
1) YOUR FAILURE TO FOLLOW WARNINGS, PRECAUTIONS OR ANY OTHER INSTRUCTIONS PROVIDED YOU FOR CORRECT USAGE OF THE SYSTEM.
2) YOUR NEGLIGENCE IN THE USE OF INFORMATIONAL AND DIAGNOSTIC SYSTEM.
3) YOUR WITTINGLY WRONG INPUT DATA FOR DIAGNOSIS.
4) YOUR WITTINGLY WRONG USING THE DIAGNOSTIC DATA, RECEIVED FROM THE SYSTEM.
11. GENERAL EXCLUSIONS AND LIMITATION OF LIABILITY:
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE, OUR DEALERS, AGENTS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS AND ASSIGNS BE LIABLE FOR ANY INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS OR REVENUE, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR LOSS OF ABILITY TO USE ANY THIRD PARTY PRODUCTS OR SERVICES, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER), REGARDLESS OF THE THEORY OF LIABLITY (CONTRACT, TORT OR OTHERWISE) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE WORLD-WIDE BEES' STATE DIAGNOSTIC SYSTEM, EVEN IF WE OR SUCH OTHER ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL OUR DEALERS OR AGENTS TOTAL AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE LESSER OF TEN DOLLARS ($10.00) OR THE HALF OF PRICE YOU PAID FOR THE STANDART TARIFF PLAN.
THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF ANY WARRANTY OR REMEDY PROVIDED FAILS OF ITS ESSENTIAL PURPOSE.
The warranties and remedies set out in this Agreement are exclusive, and, to the extent permitted by law, in lieu of all others oral or written, express or implied.
12. GENERAL TERMS.
If any portion of this Agreement or any of its terms is found to be void or unenforceable by law in a particular jurisdiction, such portion or terms shall be interpreted and enforced to the maximum extent allowed in such jurisdiction, and the remaining provisions or any part thereof will remain in full force and effect. This Agreement constitutes the entire agreement with respect to the WORLD_WIDE BEES' STATE DIAGNOSTIC SYSTEM and your use thereof and supersedes any conflicting or additional terms contained in any purchase order or elsewhere. No provision of this Agreement may be waived, modified or superseded except by a written instrument. However, the our Privacy Policy referenced herein is subject to change in the manner described in that document. We may provide translations of this Agreement as a convenience to users. However, in the event of a conflict or inconsistency between the English and any non-English versions, the English version of this Agreement shall govern, to the extent not prohibited by local law in your jurisdiction. Other than as set forth in the preceding sentence, a person or entity who is not a party to this Agreement shall not have any right to enforce any term of this Agreement. No failure or delay in exercising any right or remedy shall operate as a waiver of any such (or any other) right or remedy. The language of this Agreement shall not be construed strictly for or against either party, regardless of who drafted such language or was principally responsible for drafting it. The rights and obligations under this Agreement are not assignable by you, and any attempted assignment shall be void and without effect. This Agreement shall bind and inure to the benefit of the parties and their successors and permitted assigns. In the event of any legal proceeding between the parties arising out of or related to this Agreement, the prevailing party shall be entitled to recover, in addition to any other relief awarded or granted, its costs and expenses (including reasonable attorneys’ and expert witness’ fees) incurred in any such proceeding.
13. ARBITRATION, WAIVER OF CLASSWIDE ARBITRATION, GOVERNING LAW & VENUE.
(A) GENERALLY. SUBJECT TO CLAUSE. BELOW, YOU ACKNOWLEDGE AND AGREE THAT ANY CLAIM, DISPUTE OR CONTROVERSY ARISING OUT OF OR RELATING TO (1) THIS AGREEMENT, INCLUDING THE VALIDITY OF THIS SECTION, AND (2) YOUR USE OF WORLD_WIDE BEES' STATE DIAGNOSTIC SYSTEM UNDER THIS AGREEMENT (COLLECTIVELY, THE “DISPUTE”) SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY JAMS, A NATIONALLY RECOGNIZED ARBITRATION AUTHORITY, PURSUANT TO ITS CODE OF PROCEDURES THEN IN EFFECT FOR CONSUMER-RELATED DISPUTES. YOU UNDERSTAND THAT WITHOUT THIS PROVISION YOU WOULD HAVE HAD A RIGHT TO LITIGATE A DISPUTE THROUGH A COURT BEFORE A JURY OR JUDGE, AND THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THOSE RIGHTS AND AGREE INSTEAD TO RESOLVE ANY DISPUTES THROUGH BINDING ARBITRATION IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION.
(B) ARBITRATION PROCEDURES AND FEES. PRIOR TO SUBMITTING A CLAIM FOR ARBITRATION, EITHER PARTY SHALL FIRST NOTIFY THE OTHER PARTY TO TRY TO RESOLVE THE DISPUTE. IF THE DISPUTE IS NOT RESOLVED WITHIN 60 DAYS OF SUCH NOTIFICATION, THEN THE CLAIM WILL BE SUBMITTED FOR ARBITRATION.
(C) GOVERNING LAW; INJUNCTIVE RELIEF. THIS AGREEMENT IS TO BE CONSTRUED IN ACCORDANCE WITH AND GOVERNED BY THE LAWS OF THE SPAIN AND CATALONIA WITHOUT GIVING EFFECT TO ANY CONFLICT OF LAW RULE THAT WOULD CAUSE THE APPLICATION OF THE LAWS OF ANY JURISDICTION TO THE RIGHTS AND DUTIES OF THE PARTIES. HOWEVER, WITH RESPECT TO APPLICATION PROVIDED, IF YOU ARE A CONSUMER AND YOU LIVE IN A COUNTRY WHERE MARKETS OR PROMOTES THE WORLD_WIDE BEES' STATE DIAGNOSTIC SYSTEM, LOCAL LAW MAY REQUIRE THAT CERTAIN CONSUMER PROTECTION LAWS OF YOUR COUNTRY OF RESIDENCE APPLY TO SOME SECTIONS OF THIS AGREEMENT. IN ADDITION, POSSIBLE SEEK INJUNCTIVE RELIEF IN ANY COURT HAVING JURISDICTION TO PROTECT INTELLECTUAL PROPERTY RIGHTS. EACH OF THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS AND THE UNITED NATIONS CONVENTION ON THE LIMITATION PERIOD IN THE INTERNATIONAL SALE OF GOODS IS HEREBY EXPRESSLY EXCLUDED AND WILL NOT APPLY TO THIS AGREEMENT.
(D) VENUE. ANY ARBITRATION, LEGAL SUIT, ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY DISPUTE SHALL BE COMMENCED IN BARCELONA, SPAIN AND YOU MAY CHOOSE WHETHER THE ARBITRATION PROCEEDS IN PERSON, BY TELEPHONE, OR BASED ONLY ON SUBMISSIONS.
14. GOVERNING LAW.
This Agreement will be governed by Spanish law, without reference to its or any other jurisdiction’s conflict of laws principles. Any action arising out of or relating to this Agreement may be brought exclusively in the appropriate court in Barcelona, Spain, and you irrevocably consent to the jurisdiction of such courts and venue in Barcelona, Spain. However, if you are a consumer and you live in a country where we markets or distributes the Application, local law may require that certain consumer protection laws of your country of residence apply to some sections of this Agreement. In addition, we may seek injunctive relief in any court having jurisdiction to protect its intellectual property rights. Each of the United Nations Convention on Contracts for the International Sale of Goods and the United Nations Convention on the Limitation Period in the International Sale of Goods is hereby expressly excluded and will not apply to this Agreement.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PAYMENT FOR TARIFF PLAN, WHICH YOU CHOOSE, OR BEFORE USE OF THIS SYSTEM.
BY CHECKING THE BOX OR CLICKING THE BUTTON TO CONFIRM YOUR ACCEPTANCE WHEN YOU FIRST PAYMENT FOR TARIFF PLAN, WHICH YOU CHOOSE, YOU ARE AGREEING TO ALL THE TERMS OF THIS AGREEMENT. ALSO, BY USING, OF THIS SYSTEM., YOU ARE AGREEING TO ALL THE TERMS OF THIS AGREEMENT.
IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT CHECK THE BOX OR CLICK THE BUTTON AND/OR DO NOT USE THIS SYSTEM.
WORLD-WIDE BEES 'STATE DIAGNOSTIC SYSTEM or the WORLD SYSTEM FOR DIAGNOSTICS OF THE CONDITION OF FAMILIES OF BEES ON THE BASIS OF ACOUSTIC SIGNALS, is an information and diagnostic system licensed to you . By “you,” we mean the purchaser, or end User of the Application. “You” may also mean a person who has bought the Tariff Plan for another person, which will use the System.
1. SYSTEM AND ITS USE. REASONS FOR USE OF ADDITIONAL DATA.
- Informational and diagnostic system WORLD-WIDE BEES' STATE DIAGNOSTIC SYSTEM or a global SYSTEM for diagnosing of the STATE of BEES' colonies ON the BASIS of ACOUSTIC SIGNALS is created with the goal, to inform User about the state of his bees' families, basing on the monitoring of acoustic signals, emitted by the bees, at different moments of their life, and recorded with the use of appropriate mobile application to his smartphone as an audio file, and transmitted to the Diagnostic Center by the User of the System.
- Record of acoustic files must be carried out strictly according to the requirements of the acoustic control device - Apivox Smart Monitor. This means, that the recording should be done at the right time, in the right place of the hive, and on the recording it should be clearly heard the sound of bee family. Otherwise, the record will be rejected by the system as not meeting the requirements.
- Informational and diagnostic system WORLD-WIDE BEES' STATE DIAGNOSTIC SYSTEM or a global SYSTEM for diagnosing of the STATE of BEE colonies ON the BASIS of ACOUSTIC SIGNALS, receive files and comments, recorded by the User, through the mobile application WhatsApp or another application that allows you to send messages of a private nature, attaching to them text, sound, photo and video files.
- Informational and diagnostic system WORLD-WIDE BEES' STATE DIAGNOSTIC SYSTEM or a global SYSTEM for diagnosing of the STATE of BEE colonies ON the BASIS of ACOUSTIC SIGNALS, analyzes the received audio files with the use of professional sound reproducing equipment, Apivox algorithms and device Apivox Smart Monitor and other programs and resources, including those, associated with geolocation and monitoring of natural resources and weather conditions.
- In connection with the use of these software and hardware, the System User provides data on the position of the apiary, its equipment with certain types of hives, and the breed of bees. In addition, contact details are provided for communication, and payment control. We guarantee, that these data will not be used for any other purposes.
- To work with the system, the future User selects the Tariff Plan, in accordance with which he plans to receive consultations and diagnostics about the state of his bee colonies. The Tariff Plan has the first parameter - the number of bee colonies about state of which, the User can make request within one day, and the second parameter - time period, during which the User plans to use the services of the System. In accordance with the selected Tariff Plan, the User can send the corresponding number of requests about the state of his bees' families.
- At the end of the validity period of the paid Tariff Plan, new diagnostics will be made only after purchasing a new Tariff Plan for a new period of time.
2. THE PROCEDURE OF PAYMENT AND FURTHER RECEIVING OF
DIAGNOSTICS.
The Buyer read and studies this License Agreement, and if he agrees, then :
- The buyer fills out the form with data, necessary for working with the information and diagnostic system.
- The buyer makes the payment in accordance with the chosen Tariff Plan, depending on the number of hives of his apiary, and period of time, during which he plans to receive services. Payment should be made using Pay Pal payment system.
- After reception of payment, and after comparing payment data with the data transmitted during registration, the Buyer connects to the system, and can transfer audio recordings and receive advices and diagnostics, thus becoming the User of the system.
3. LICENSE PERMISSIONS.
The user has the right to dispose with the information, obtained during the consultative and diagnostic activities at his own discretion, without any restrictions.
4. RESTRICTIONS AND PROHIBITIONS OF THIS LICENSE.
The User has no right to transfer data from other apiaries for consultation, as this data will definitely violate the monitoring system of his apiary, and will lead to deterioration of diagnostic results and, as a result, to deterioration of the image of the System in the eyes of the Users community, and to possible loss of business reputation and to financial losses.
5. UPDATES AND INFORMATION MESSAGES.
In cases when this will be required, we can provide you with updates of metodics of making records bees sounds and about other elements, associated with the control of acoustic signals. By the acceptance of this Agreement, you agree to automatically receive updates and informational messages from the System.
6. DATA AND PRIVACY.
We are committed to protecting your privacy. Our goal is to provide you with a positive experience when using our WORLD-WIDE BEES' STATE DIAGNOSTIC SYSTEM, while at the same time keeping your Personal Information, as defined in the Privacy Policy, secure.
By using our WORLD-WIDE BEES' STATE DIAGNOSTIC SYSTEM or providing us with your Personal Information, you are accepting and consenting to the practices, terms and conditions described in the Privacy Policy. At all times your information will be treated in accordance with the Privacy Policy, which is incorporated by reference into this Agreement.
7. INTELLECTUAL PROPERTY RIGHTS.
All title and intellectual property rights (including without limitation all copyrights, patents, trade secret rights and trademark rights) in and to the WORLD-WIDE BEES' STATE DIAGNOSTIC SYSTEM and Apivox Smart Monitor Application (including but not limited to any content incorporated into the System and Application), the accompanying printed materials, are owned by us. Therefore, you must treat the WORLD-WIDE BEES' STATE DIAGNOSTIC SYSTEM and Apivox Smart Monitor Application like any other material protected by laws and treaties relating to international property rights and in accordance with this Agreement.
8. INDEMNITY.
If we will be the subject of a claim, becomes involved in a legal proceeding, or suffers any economic loss or damage as a result of your violation of this Agreement, to the extent permitted by law, you will be responsible for compensating us for the full amount of her loss, as well as any reasonable amounts we incurs in lawyers' fees, expenses and court costs, except to the extent that we contributed to the loss or damage.
9. TERM.
This Agreement is effective when you click on the “I Accept” button, or when you in any other way use WORLD-WIDE BEES' STATE DIAGNOSTIC SYSTEM, or perform another action, which will constitute your acceptance of, and agreement to, this Agreement.
Once accepted, this Agreement remains in effect until terminated. The limited license in this Agreement will be automatically terminated if you fail to comply with any of the terms and conditions in this Agreement. But all provisions of this Agreement in Section 6, 7, 8 and 10 will survive termination.
10. LIMITED WARRANTY AND DISCLAIMER.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RESULTS OF CONSULTATIVE AND DIAGNOSTIC WORK OF WORLD-WIDE BEES' STATE DIAGNOSTIC SYSTEM ARE PROVIDED TO YOU “AS IS,” WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND. IN THOSE JURISDICTIONS WHERE IT CAN LAWFULLY DO SO, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE, OUR RESELLERS HEREBY DISCLAIM AND EXCLUDE ALL OTHER WARRANTIES, EXPRESS, STATUTORY OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, ACCEPTABLE OR SATISFACTORY QUALITY, NON-INFRINGEMENT, TITLE, FITNESS FOR A PARTICULAR PURPOSE, LOSS OF OR DAMAGE TO DATA, LACK OF VIRUSES OR FREE FROM VIRUS OR MALWARE ATTACK, SECURITY, PERFORMANCE, LACK OF NEGLIGENCE, WORKMANLIKE EFFORT, QUIET ENJOYMENT, THAT THE FUNCTIONS, PERFORMED BY INFORMATION AND DIAGNOSTIC SYSTEM, NAMED WORLD-WIDE BEES 'STATE DIAGNOSTIC SYSTEM, WILL MEET YOUR REQUIREMENTS, OR THAT YOUR USE OF WORLD-WIDE BEES 'STATE DIAGNOSTIC SYSTEM WILL GENERATE ACCURATE, RELIABLE, TIMELY RESULTS, INFORMATION, MATERIAL OR DATA.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US, A DEALER, OR AGENT SHALL CREATE A WARRANTY.
YOU USE WORLD-WIDE BEES' STATE DIAGNOSTIC SYSTEM AT YOUR OWN RISK AND DISCRETION. YOU ARE SOLELY RESPONSIBLE FOR (AND WE DISCLAIMS) ANY AND ALL LOSS, LIABILITY, OR DAMAGES, INCLUDING TO YOUR HOME, MOBILE DEVICE, HEALTH AND ALL OTHER ITEMS AND PETS IN YOUR HOME, RESULTING FROM YOUR MISUSE OF DIAGNOSTIC DATA, RECEIVED FROM THE SYSTEM.
IF YOU ARE NOT COMFORTABLE WITH USING THE PRODUCT AFTER READING ALL INSTRUCTIONS YOU MUST NOT PURCHASE ANY TARIFF PLAN AND USE THE SYSTEM.
WE ARE NOT RESPONSIBLE FOR :
1) YOUR FAILURE TO FOLLOW WARNINGS, PRECAUTIONS OR ANY OTHER INSTRUCTIONS PROVIDED YOU FOR CORRECT USAGE OF THE SYSTEM.
2) YOUR NEGLIGENCE IN THE USE OF INFORMATIONAL AND DIAGNOSTIC SYSTEM.
3) YOUR WITTINGLY WRONG INPUT DATA FOR DIAGNOSIS.
4) YOUR WITTINGLY WRONG USING THE DIAGNOSTIC DATA, RECEIVED FROM THE SYSTEM.
11. GENERAL EXCLUSIONS AND LIMITATION OF LIABILITY:
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE, OUR DEALERS, AGENTS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS AND ASSIGNS BE LIABLE FOR ANY INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS OR REVENUE, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR LOSS OF ABILITY TO USE ANY THIRD PARTY PRODUCTS OR SERVICES, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER), REGARDLESS OF THE THEORY OF LIABLITY (CONTRACT, TORT OR OTHERWISE) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE WORLD-WIDE BEES' STATE DIAGNOSTIC SYSTEM, EVEN IF WE OR SUCH OTHER ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL OUR DEALERS OR AGENTS TOTAL AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE LESSER OF TEN DOLLARS ($10.00) OR THE HALF OF PRICE YOU PAID FOR THE STANDART TARIFF PLAN.
THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF ANY WARRANTY OR REMEDY PROVIDED FAILS OF ITS ESSENTIAL PURPOSE.
The warranties and remedies set out in this Agreement are exclusive, and, to the extent permitted by law, in lieu of all others oral or written, express or implied.
12. GENERAL TERMS.
If any portion of this Agreement or any of its terms is found to be void or unenforceable by law in a particular jurisdiction, such portion or terms shall be interpreted and enforced to the maximum extent allowed in such jurisdiction, and the remaining provisions or any part thereof will remain in full force and effect. This Agreement constitutes the entire agreement with respect to the WORLD_WIDE BEES' STATE DIAGNOSTIC SYSTEM and your use thereof and supersedes any conflicting or additional terms contained in any purchase order or elsewhere. No provision of this Agreement may be waived, modified or superseded except by a written instrument. However, the our Privacy Policy referenced herein is subject to change in the manner described in that document. We may provide translations of this Agreement as a convenience to users. However, in the event of a conflict or inconsistency between the English and any non-English versions, the English version of this Agreement shall govern, to the extent not prohibited by local law in your jurisdiction. Other than as set forth in the preceding sentence, a person or entity who is not a party to this Agreement shall not have any right to enforce any term of this Agreement. No failure or delay in exercising any right or remedy shall operate as a waiver of any such (or any other) right or remedy. The language of this Agreement shall not be construed strictly for or against either party, regardless of who drafted such language or was principally responsible for drafting it. The rights and obligations under this Agreement are not assignable by you, and any attempted assignment shall be void and without effect. This Agreement shall bind and inure to the benefit of the parties and their successors and permitted assigns. In the event of any legal proceeding between the parties arising out of or related to this Agreement, the prevailing party shall be entitled to recover, in addition to any other relief awarded or granted, its costs and expenses (including reasonable attorneys’ and expert witness’ fees) incurred in any such proceeding.
13. ARBITRATION, WAIVER OF CLASSWIDE ARBITRATION, GOVERNING LAW & VENUE.
(A) GENERALLY. SUBJECT TO CLAUSE. BELOW, YOU ACKNOWLEDGE AND AGREE THAT ANY CLAIM, DISPUTE OR CONTROVERSY ARISING OUT OF OR RELATING TO (1) THIS AGREEMENT, INCLUDING THE VALIDITY OF THIS SECTION, AND (2) YOUR USE OF WORLD_WIDE BEES' STATE DIAGNOSTIC SYSTEM UNDER THIS AGREEMENT (COLLECTIVELY, THE “DISPUTE”) SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY JAMS, A NATIONALLY RECOGNIZED ARBITRATION AUTHORITY, PURSUANT TO ITS CODE OF PROCEDURES THEN IN EFFECT FOR CONSUMER-RELATED DISPUTES. YOU UNDERSTAND THAT WITHOUT THIS PROVISION YOU WOULD HAVE HAD A RIGHT TO LITIGATE A DISPUTE THROUGH A COURT BEFORE A JURY OR JUDGE, AND THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THOSE RIGHTS AND AGREE INSTEAD TO RESOLVE ANY DISPUTES THROUGH BINDING ARBITRATION IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION.
(B) ARBITRATION PROCEDURES AND FEES. PRIOR TO SUBMITTING A CLAIM FOR ARBITRATION, EITHER PARTY SHALL FIRST NOTIFY THE OTHER PARTY TO TRY TO RESOLVE THE DISPUTE. IF THE DISPUTE IS NOT RESOLVED WITHIN 60 DAYS OF SUCH NOTIFICATION, THEN THE CLAIM WILL BE SUBMITTED FOR ARBITRATION.
(C) GOVERNING LAW; INJUNCTIVE RELIEF. THIS AGREEMENT IS TO BE CONSTRUED IN ACCORDANCE WITH AND GOVERNED BY THE LAWS OF THE SPAIN AND CATALONIA WITHOUT GIVING EFFECT TO ANY CONFLICT OF LAW RULE THAT WOULD CAUSE THE APPLICATION OF THE LAWS OF ANY JURISDICTION TO THE RIGHTS AND DUTIES OF THE PARTIES. HOWEVER, WITH RESPECT TO APPLICATION PROVIDED, IF YOU ARE A CONSUMER AND YOU LIVE IN A COUNTRY WHERE MARKETS OR PROMOTES THE WORLD_WIDE BEES' STATE DIAGNOSTIC SYSTEM, LOCAL LAW MAY REQUIRE THAT CERTAIN CONSUMER PROTECTION LAWS OF YOUR COUNTRY OF RESIDENCE APPLY TO SOME SECTIONS OF THIS AGREEMENT. IN ADDITION, POSSIBLE SEEK INJUNCTIVE RELIEF IN ANY COURT HAVING JURISDICTION TO PROTECT INTELLECTUAL PROPERTY RIGHTS. EACH OF THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS AND THE UNITED NATIONS CONVENTION ON THE LIMITATION PERIOD IN THE INTERNATIONAL SALE OF GOODS IS HEREBY EXPRESSLY EXCLUDED AND WILL NOT APPLY TO THIS AGREEMENT.
(D) VENUE. ANY ARBITRATION, LEGAL SUIT, ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY DISPUTE SHALL BE COMMENCED IN BARCELONA, SPAIN AND YOU MAY CHOOSE WHETHER THE ARBITRATION PROCEEDS IN PERSON, BY TELEPHONE, OR BASED ONLY ON SUBMISSIONS.
14. GOVERNING LAW.
This Agreement will be governed by Spanish law, without reference to its or any other jurisdiction’s conflict of laws principles. Any action arising out of or relating to this Agreement may be brought exclusively in the appropriate court in Barcelona, Spain, and you irrevocably consent to the jurisdiction of such courts and venue in Barcelona, Spain. However, if you are a consumer and you live in a country where we markets or distributes the Application, local law may require that certain consumer protection laws of your country of residence apply to some sections of this Agreement. In addition, we may seek injunctive relief in any court having jurisdiction to protect its intellectual property rights. Each of the United Nations Convention on Contracts for the International Sale of Goods and the United Nations Convention on the Limitation Period in the International Sale of Goods is hereby expressly excluded and will not apply to this Agreement.