Terms of Service
Last Updated December 15, 2023.
IMPORTANT NOTICE: DISPUTES ABOUT THESE TERMS AND THE SERVICES
PROVIDED BY BEEC ARE SUBJECT TO BINDING ARBITRATION AND A WAIVER OF
CLASS ACTION RIGHTS AS DETAILED IN THE “MANDATORY ARBITRATION AND
CLASS ACTION WAIVER” SECTION BELOW.
These User Terms of Service (the “Terms”) create a legal agreement between you (a
“User”) and The Business Ethics And Education Commission LLC (“BEEC,” “we,” “our”).
These Terms govern your use of the services, software, and websites (together, the
“Services”) provided by BEEC. By accessing or using the Services, you acknowledge and
agree that you have read, understand, and agree to be bound by these Terms, our
Acceptable Use Policy, and our Privacy & Data Protection Policy. If you do not agree to
these Terms, then you have no right to access or use the Services. If you have been
invited to a team created by a Customer, you acknowledge and agree that the
Customer owns all content that you submit or upload to the Services and controls your
use of the Services in accordance with applicable local laws, including but not limited to
adding or removing you from a team, enabling or disabling third-party integrations,
managing permissions, and accessing, modifying, or removing content that you submit
or upload to the Services. We may, from time to time, modify these Terms. Please
check this page periodically for updates. If you do not agree to, or cannot comply with,
the modified Terms, you must stop using the Services. The updated Terms will take
effect upon their posting and will apply on a going-forward basis, unless otherwise
provided in a notice to you, and except as provided in the Mandatory Arbitration and
Class Action Waiver section of these Terms. Your continued use of the Services after
any such update constitutes your binding acceptance of such changes.
1. ELIGIBILITY AND SCOPE
1.1 Eligibility. To use the Services, you must be and represent and warrant that you are
competent to agree to these Terms. If you are agreeing to these Terms on behalf of an
organization or entity, you represent and warrant that you are authorized to agree to
these Terms on that organization or entity’s behalf and bind them to these Terms (in
which case, the references to “you” and “your” in these Terms, except for in this
sentence, refer to that organization or entity). If BEEC has previously prohibited you
from accessing or using the Services, you are not permitted to access or use the
Services.
1.2 Use Outside the United States of America. The Services are controlled and operated
by BEEC from its offices in the United States of America. BEEC makes no
representations that the Services are appropriate for use in other locations. Those who
access or use the Services from other locations do so at their own risk and are
responsible for compliance with local law.
2. ACCOUNT REGISTRATION AND USE
2.1 Account Registration and Confidentiality. To access the Services, you must register
for a BEEC account by providing an email address and creating a password and
providing us with other information that we request. You agree to provide us with
accurate, complete, and current registration information about yourself. It is your
responsibility to ensure that your password remains confidential and secure. By
registering, you agree that you are fully responsible for all activities that occur under
your username and password. We assume that any communications we receive under
your account have been made by you.
2.2 Unauthorized Account Use. You are responsible for notifying us at
info@thebeec.com if you become aware of any unauthorized use of or access to your
account. You understand and agree that we may require you to provide information
that may be used to confirm your identity and help ensure the security of your account.
BEEC will not be liable for any loss, damages, liability, expenses, or attorneys’ fees that
you may incur as a result of someone else using your password or account, either with
or without your knowledge and/or authorization, and regardless of whether you have
or have not advised us of such unauthorized use. You will be liable for losses, damages,
liability, expenses, and attorneys’ fees incurred by BEEC or a third party due to
someone else using your account.
3. OUR PROPRIETARY RIGHTS
The Services are owned and operated by BEAKN and contain materials (including all
software, design, text, editorial materials, informational text, photographs, illustrations,
audio clips, video clips, artwork and other graphic materials, and names, logos,
trademarks and services marks) which are derived in whole or in part from materials
supplied by BEAKN and its partners, as well as other sources, and is protected by United
States copyright laws, international treaty provisions, trademarks, service marks and
other intellectual property laws. The Services are also protected as a collective work or
compilation under U.S. copyright and other law and treaties. You agree to abide by all
applicable copyright and other laws, as well as any additional copyright notices or
restrictions that may be contained in the Services. You acknowledge that the Services
have been developed, compiled, prepared, revised, selected, and arranged by BEAKN
and others through the application of methods and standards of judgment developed
and applied through the expenditure of substantial time, effort, and money and
constitute valuable intellectual property of BEAKN and such others. You agree to protect
the proprietary rights of BEAKN and all others having rights in the Services during and
after the term of these Terms and to comply with all reasonable written requests made
by BEAKN or its suppliers and licensors (collectively, “Suppliers”) of content or otherwise
to protect their and others’ contractual, statutory, and common law rights in the
Services. You agree to notify BEAKN immediately upon becoming aware of any claim that
the Services infringe upon any copyright, trademark, or other contractual, statutory, or
common law rights. All present and future rights in and to trade secrets, patents,
copyrights, trademarks, service marks, know-how, and other proprietary rights of any
type under the laws of any governmental authority, domestic or foreign, including
without limitation rights in and to all applications and registrations relating to the
Services shall, as between you and BEAKN, at all times be and remain the sole and
exclusive property of BEAKN. Any unauthorized use of any material contained on or
through the Services may violate copyright laws, trademark laws, the laws of privacy
and publicity and communications regulations and statutes.
4. USER CONTENT AND SUBMISSIONS
4.1 User Content and Submissions. The Services allow you to submit associated
information, text, files, and other materials (collectively, “User Content”) and to share
that User Content with others. User Content submitted or otherwise made available
(“submitted”) to the Services is subject to the following terms:
4.1.1 End User Content. Content submitted to the Services by End Users of Customer
accounts (“End User Content”) is owned and controlled by the Customer as set forth in
the introduction to these Terms and the Subscriber Agreement. BEAKN maintains a
limited, non-exclusive and non-transferrable (except in connection with the sale or
transfer of its business) license to access, use, copy, reproduce, process, adapt, publish,
transmit and display End User Content for the limited purposes of (i) providing the
Services and associated Customer and End User support; (ii) displaying the End User
Content to the Customer and other End Users; and (iii) analyzing and improving the
Services.
4.2 User Content Representations. You acknowledge and agree that you have all
required rights to submit User Content without violation of any third-party rights. You
understand that BEAKN does not control, and is not responsible for, User Content, and
that by using the Services, you may be exposed to User Content from other users that
is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Please also
note that User Content may contain typographical errors, other inadvertent errors, or
inaccuracies. You agree that you will indemnify, defend, and hold harmless BEAKN for all
claims resulting from User Content you post. We reserve the right, at our own expense,
to assume the exclusive defense and control of such disputes, and in any event you will
cooperate with us in asserting any available defenses.
5. LICENSE AND ACCEPTABLE USE
5.1 Your License. Subject to your compliance with these Terms, we grant you a limited,
non-exclusive, non-sublicensable, non-transferable, and revocable right to access and
use the Services only for your own internal, personal, or non-commercial use, and only
in a manner that complies with all legal requirements that apply to you or your use of
the Services, including the BEAKN Privacy Policy, and these Terms. BEAKN may revoke this
license at any time, in its sole discretion. Upon any such revocation, you must promptly
destroy all materials downloaded or otherwise obtained from the Services, as well as all
copies of such materials, whether made in accordance with these Terms or otherwise.
5.2 Acceptable Use. Your use of BEAKN services must always comply with our Acceptable
Use Policy.
5.3 Violations. In addition to any other remedies that may be available to us, BEAKN
reserves the right to immediately suspend or terminate your account or your access to
the Services upon notice and without liability for BEAKN should you fail to abide by the
terms of this Section 5. If you are an End User, BEAKN reserves the right to notify the
Customer account owner of any violations of this Section 5, and the Customer retains
the right to terminate your access to the Customer’s account for any reason.
6. LEGAL COMPLIANCE
You acknowledge, consent, and agree that BEAKN may access, preserve, and disclose
your information and/or any User Content you submit to the Services if required to do
so by law or in a good faith belief that such access, preservation, or disclosure is
permitted by BEAKN’s Privacy & Data Protection Policy or reasonably necessary or
appropriate for any of the following reasons: (1) to comply with legal process; (2) to
enforce these Terms, our Privacy & Data Protection Policy, or other contracts with you,
including investigation of potential violations thereof; (3) to respond to claims that any
content violates the rights of third parties; (4) to respond to your requests for customer
service; and/or (5) to protect the rights, property, or personal safety of BEAKN, its agents
and affiliates, its users, and the public. This includes exchanging information with other
companies and organizations for fraud protection, spam/malware prevention, and
similar purposes.
7. PRIVACY
For information about how we collect, use, and share the data we collect from and
about you, please see our Privacy & Data Protection Policy which is incorporated by
reference into these Terms.
8.|WARRANTIES, DISCLAIMERS AND LIMITATION OF LIABILITY
THE SERVICES AND ITS CONTENTS, WHETHER PROVIDED BY BEAKN, ITS LICENSORS, ITS
VENDORS OR ITS USERS, AND OTHER INFORMATION ON OR ACCESSIBLE FROM THE
SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY, REPRESENTATION, CONDITION,
OR GUARANTEE OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT
LIMITED TO ANY IMPLIED WARRANTIES, REPRESENTATIONS, CONDITIONS OR
GUARANTEES OF QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
OR NON-INFRINGEMENT, ALL OF WHICH ARE DISCLAIMED TO THE FULLEST EXTENT
PERMITTED BY LAW. SPECIFICALLY, BUT WITHOUT LIMITATION, BEAKN DOES NOT
WARRANT THAT: (i) THE INFORMATION AVAILABLE ON THE SERVICES IS FREE OF
ERRORS; (ii) THE FUNCTIONS OR FEATURES (INCLUDING BUT NOT LIMITED TO
MECHANISMS FOR THE DOWNLOADING AND UPLOADING OF CONTENT, AND THE
DURESS, PICTURE AND VIDEO CAPTURE FUNCTIONS) WILL BE UNINTERRUPTED,
SECURE, OR FREE OF ERRORS; (iii) DEFECTS WILL BE CORRECTED, OR (iv) THE SERVICES
OR THE SERVER(S) THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS. IN NO EVENT SHALL BEAKN OR ITS AFFILIATES,
LICENSORS, VENDORS, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS,
EMPLOYEES, AGENTS, OR OTHER REPRESENTATIVES BE LIABLE TO YOU OR ANY OTHER
PERSON OR ENTITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR
PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF
PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS
OR SERVICES), ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, ANY
MATERIALS, INFORMATION, OR RECOMMENDATIONS APPEARING ON THE SERVICES,
OR ANY LINK PROVIDED ON THE SERVICES, WHETHER OR NOT BEAKN HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER BASED UPON
WARRANTY, CONTRACT, TORT, STRICT LIABILITY, VIOLATION OF STATUTE, OR
OTHERWISE. THIS EXCLUSION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT
PERMITTED BY LAW. IN ANY EVENT, OUR AGGREGATE LIABILITY WILL NOT EXCEED THE
AMOUNT PAID FOR THE PRODUCT OR SERVICE TO WHICH THE CLAIM RELATES OR, IF
THE CLAIM DOES NOT RELATE TO A PRODUCT OR SERVICE, $100. BEAKN DOES NOT
WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR
SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY
WEBSITE FEATURED OR LINKED TO THROUGH THE SERVICES, AND BEAKN WILL NOT BE A
PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION
BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. BEAKN WILL
NOT BE LIABLE FOR THE OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY. YOU
VOLUNTARILY ASSUME THE RISK OF HARM OR DAMAGE FROM THE FOREGOING. THE
FOREGOING LIMITATIONS WILL APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL
PURPOSE AND TO THE FULLEST EXTENT PERMITTED BY LAW. If you are a California
resident, you hereby waive California Civil Code §1542, which says: “A general release
does not extend to claims which the creditor does not know or suspect to exist in his
favor at the time of executing the release, which if known by him must have materially
affected his settlement with the debtor.” This release includes the criminal acts of
others.
9. EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or
exclusion of liability for incidental or consequential damages such as above in Section
Accordingly, some of the above limitations may not apply to you. If you are a New
Jersey resident, or a resident of another state that permits the exclusion of these
warranties and liabilities, then the limitations in Section 8 specifically do apply to you.
10. INDEMNITY
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD BEEC AND ITS RESPECTIVE OFFICERS,
DIRECTORS, EMPLOYEES, MEMBERS, SHAREHOLDERS, OR REPRESENTATIVES (AND ALL
SUCCESSORS AND ASSIGNS OF ANY OF THE FOREGOING), HARMLESS FROM AND
AGAINST ANY CLAIM OR DEMAND, INCLUDING WITHOUT LIMITATION, REASONABLE
ATTORNEYS’ FEES AND DISBURSEMENTS, MADE BY ANY THIRD PARTY IN CONNECTION
WITH OR ARISING OUT OF YOUR USE OF THE SERVICES, YOUR CONNECTION TO THE
SERVICES, YOUR VIOLATION OF THE TERMS OR BEEC PRIVACY POLICY, YOUR
VIOLATION OF AN APPLICABLE LAW, YOUR SUBMISSION, POSTING, OR TRANSMISSION
OF USER CONTENT TO THE SERVICES, AND/OR YOUR VIOLATION OF ANY RIGHTS OF
ANOTHER. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE
EXCLUSIVE DEFENSE AND CONTROL OF SUCH DISPUTES, AND IN ANY EVENT YOU WILL
COOPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENSES.
11. THIRD-PARTY LINKS AND SERVICES
The Services may provide (1) information and content provided by third parties; (2)
links to third-party websites or resources, such as sellers of goods and services; and (3)
third-party products and services for sale directly to you. BEAKN is not responsible for
the availability of such external sites or resources and does not endorse and is not
responsible or liable for (i) any content, advertising, products, or other materials on or
available from such sites or resources, (ii) any errors or omissions in these websites or
resources, or (iii) any information handling practices or other business practices of the
operators of such sites or resources. You further acknowledge and agree that BEAKN
shall not be responsible or liable, directly, or indirectly, for any damage or loss caused
or alleged to be caused by or in connection with use of or reliance on any linked sites
or resources. Your interactions with such third parties will be governed by the third
parties’ own terms of service and privacy policies, and any other similar terms.
12. MODIFICATION AND TERMINATION
12.1 Modification of Services. BEAKN reserves the right at any time to modify or
discontinue, temporarily or permanently, the Services (or any part thereof), with or
without notice. You agree that BEAKN shall not be liable to you or any third party for any
modification, suspension, or discontinuance of the Services.
12.2 Termination. These Terms are effective unless and until terminated by you or us.
We may, in our sole and absolute discretion, deny you access to all or part of the
Services at any time for any or no reason at all, with or without notice to you. If we
terminate your right to access the Services, these Terms will terminate and all rights
you must access the Services will immediately terminate; however, certain provisions of
these Terms will still apply post termination, including without limitation, the
Mandatory Arbitration and Class Action Waiver provisions. Termination of your account
may also include, at BEAKN’s sole discretion, the deletion of your account and/or User
Content.
MANDATORY ARBITRATION AND CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS,
INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
13.1 Application. You and BEAKN agree that these Terms affect interstate commerce and
that the Federal Arbitration Act governs the interpretation and enforcement of these
arbitration provisions. This Section 13 is intended to be interpreted broadly and
governs any and all disputes between us including but not limited to claims arising out
of or relating to any aspect of the relationship between us, whether based in contract,
tort, statute, fraud, misrepresentation or any other legal theory; claims that arose
before these Terms or any prior agreement (including, but not limited to, claims related
to advertising); and claims that may arise after the termination of these Terms. The
only disputes excluded from this broad prohibition are the litigation of certain
intellectual property and small court claims, as provided below.
13.2. Initial Dispute Resolution. Most disputes can be resolved without resorting to
arbitration. If you have any dispute with us, you agree that before taking any formal
action, you will contact us at info@theBEAKN.com and provide a brief, written description
of the dispute and your contact information (including your username, if your dispute
relates to an account). Except for intellectual property and small claims court claims,
the parties agree to use their best efforts to settle any dispute, claim, question, or
disagreement directly through consultation with BEAKN, and good faith negotiations
shall be a condition to either party initiating a lawsuit or arbitration.
13.3 Binding Arbitration. If the parties do not reach an agreed-upon solution within a
period of thirty (30) days from the time informal dispute resolution is initiated under
the Initial Dispute Resolution provision above, then either party may initiate binding
arbitration as the sole means to resolve claims, (except as provided in section 13.7
below) subject to the terms set forth below. Specifically, all claims arising out of or
relating to these Terms (including the Terms’ formation, performance, and breach), the
parties’ relationship with each other, and/or your use of BEAKN shall be finally settled by
binding arbitration administered by the American Arbitration Association (“AAA”) in
accordance with its Consumer Arbitration Rules. The AAA rules will govern payment of
all arbitration fees.
13.4 Arbitrator’s Powers. The arbitrator, and not any federal, state, or local court or
agency, shall have exclusive authority to resolve all disputes arising out of or relating to
the interpretation, applicability, enforceability, or formation of these Terms including
but not limited to any claim that all or any part of these Terms is void or voidable,
whether a claim is subject to arbitration, or the question of waiver by litigation conduct.
The arbitrator shall be empowered to grant whatever relief would be available in a
court under law or in equity. The arbitrator’s award shall be written and shall be
binding on the parties and may be entered as a judgment in any court of competent
jurisdiction.
13.5 Filing a Demand. To start an arbitration, you must do the following: (a) Write a
Demand for Arbitration (“Demand”) that (i) briefly explains the dispute, (ii) lists your and
BEAKN’s names and addresses, (iii) specify the amount of money in dispute, if applicable,
(iv) identify the requested location for a hearing if an in-person hearing is requested,
and (v) state what you want in the dispute; (b) Send one copy of the Demand to the
AAA, along with a copy of these Terms and the filing fee required by the AAA; and (c)
Send one copy of the Demand for Arbitration to us at info@theBEAKN.com.
The parties understand that, absent this mandatory arbitration provision, they would
have the right to sue in court and have a jury trial. They further understand that, in
some instances, the costs of arbitration could exceed the costs of litigation and the
right to discovery may be more limited in arbitration than in court. If you are a resident
of the United States, arbitration may take place in the county where you reside at the
time of filing, unless you and we both agree to another location or telephonic
arbitration. For individuals residing outside the United States, arbitration shall be
initiated in Escambia County, Florida, United States, and you and BEAKN agree to submit
to the personal jurisdiction of any federal or state court in Escambia County, Florida,
United States, in order to compel arbitration, stay proceedings pending arbitration, or
to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
13.6 Class Action Waiver. The parties further agree that the arbitration shall be
conducted in the party’s respective individual capacities only and not as a class action
or other representative action, and the parties expressly waive their right to file a class
action or seek relief on a class basis. YOU AND BEAKN 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. If any court or arbitrator determines that the class action waiver set
forth in this paragraph is void or unenforceable for any reason or that an arbitration
can proceed on a class basis, then the arbitration provisions set forth above shall be
deemed null and void in their entirety and the parties shall be deemed to have not
agreed to arbitrate disputes.
13.7 Exception: Litigation of Intellectual Property and Small Claims Court Claims.
Notwithstanding the parties’ decision to resolve all disputes through arbitration, either
party may bring enforcement actions, validity determinations or claims arising from or
relating to theft, piracy or unauthorized use of intellectual property in state or federal
court with jurisdiction or in the U.S. Patent and Trademark Office to protect its
intellectual property rights (“intellectual property rights” means patents, copyrights,
moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either
party may also seek relief in small claims court in Escambia County, Florida for
disputes or claims within the scope of that court’s jurisdiction.
13.8 30-Day Right to Opt Out. You have the right to opt out and not be bound by the
arbitration and class action waiver provisions set forth above by sending written notice
of your decision to opt out to dispute-notice@BEAKN.com with the subject line,
“ARBITRATION AND CLASS ACTION WAIVER OPT-OUT.” The notice must be sent within
the later of 30 days of your first use of the Site or within 30 days of changes to this
section being announced on the Site. Otherwise, you shall be bound to arbitrate
disputes in accordance with the terms of these paragraphs. If you opt out of these
arbitration provisions, BEAKN also will not be bound by them.
13.9 Changes to This Section. BEAKN will provide thirty (30) days’ notice of any changes to
this section by posting it on the Services. Amendments will become effective thirty (30)
days after they are posted on the Services or sent to you by email. Changes to this
section will otherwise apply prospectively only to claims arising after the thirtieth (30th)
day. If a court or arbitrator decides that this subsection on “Changes to This Section” is
not enforceable or valid, then this subsection shall be severed from the section entitled
Mandatory Arbitration and Class Action Waiver, and the court or arbitrator shall apply
the first Mandatory Arbitration and Class Action Waiver section in existence after you
began using the Services.
13.10 Survival. This Mandatory Arbitration and Class Action Waiver section shall survive
any termination of your use of the Services.
14. CONTROLLING LAW AND SEVERABILITY
These Terms shall be construed in accordance with and governed by the laws of Florida
notwithstanding its conflicts of law principles. Any dispute arising out of these terms
and conditions, or the use of this site shall be initiated and conducted in the state or
federal courts of Escambia County, Florida, and you and BEAKN consent to the exclusive
jurisdiction of such courts.
15. GENERAL TERMS
15.1 Force Majeure. Under no circumstances shall BEAKN or its licensor or supplier be
held liable for any delay or failure in performance resulting directly or indirectly from
an event beyond its reasonable control.
15.2 No Waiver. No waiver of any provision of these Terms will be binding unless in
writing, no waiver of any provisions of these Terms will be deemed a further or
continuing waiver of such provision or any other provision, and the failure of BEAKN to
exercise or enforce any right or remedy in these Terms does not waive that right or
remedy. If an arbitrator or a court of competent jurisdiction finds any provision of
these Terms to be invalid, the parties agree that the court should endeavor to give
effect, to the maximum extent permitted by law, to the parties’ intentions as reflected
in the provision, and the other provisions of these Terms will remain in full force and
effect.
15.3 Third-Party Beneficiaries. You agree that, except as otherwise expressly provided
in these Terms, there shall be no third-party beneficiaries to these Terms.
15.4 Statute of Limitations. Except for residents of New Jersey, you agree that
regardless of any statute or law to the contrary, any claim or cause of action arising out
of or related to the use of the Services and/or these Terms must be filed within one (1)
year after such claim or cause of action arose or be forever barred.
15.5 Miscellaneous. These Terms (and all terms and conditions incorporated herein)
constitute the entire agreement between you and BEAKN and govern your use of the
Services and supersede any prior agreements between you and BEAKN on the subject
matter. These Terms, and any rights or licenses granted hereunder, may not be
assigned or delegated by you. These Terms, and any rights or licenses granted
hereunder, may be assigned, or delegated by BEAKN without restriction. These Terms
bind and inure to the benefit of each party and the party’s successors and permitted
assigns. These Terms may not be modified by an oral statement by a representative of
BEAKN. No agency, partnership, joint venture, or employee-employer relationship is
intended or created by these Terms. You agree that any agreements made by and
between you and us in electronic form are as legally binding as if made in physical
written form. If you are using the Services for or on behalf of the U.S. government, your
license rights do not exceed those granted to non-government consumers. The section
titles in these Terms are for convenience only and have no legal or contractual effect.
Any provision of these Terms that by its nature is reasonably intended to survive
beyond termination of these Terms shall survive.
15.6 Notices. We may deliver notice to you by e-mail, posting a notice on the Services or
any other method we choose, and such notice will be effective on dispatch. If you give
notice to us, it will be effective when received and you must use the following physical
or email address: (1) 1126 S Federal Highway Suite 508, Fort Lauderdale, FL 33316; or
(2) info@theBEAKN.com.
16. QUESTIONS
If you have any questions about these Terms, please contact us at info@theBEAKN.com.
Privacy and Data Protection Policy
Last Updated December 15, 2023.
Please do not use our applications if you do not agree to the terms of this
Policy. By using this Policy, you are agreeing to the terms below.
– Protection and security of Personal Data are important. Personal Data supplied
online by any Consumer will be collected, secured, processed, and used fairly and in
accordance with applicable law.
– When collecting any Personal Data from a Consumer online, we will provide the
Consumer with a reasonable notice of the purposes for collecting and using said
Personal Data. The notice will explain to the Consumer:
– The specific types of Personal Data collected and how the Personal Data
will be used, including any potential third-party use;
– That the Consumer has the option of not providing the requested
Personal Data and the consequences of not providing it;
– The steps taken by the Company to protect the quality and integrity of the
Personal Data as well as the confidentiality of said Personal Data from
unauthorized access;
– The method by which the Consumer can correct or update the
Consumer’s Personal Data.
– In the event that the Company places a “cookie” on the computer of a Consumer,
the Company will disclose the fact that the Company is using a cookie. Consumer
will be provided with an opportunity to opt out of the collection and use of such
Personal Data.
– If any Consumer voluntarily submits the Consumer’s Personal Data to the Company,
the Consumer will be deemed to have consented to the use of Personal Data to
fulfill any transaction agreed to by the Consumer and to any other uses and
purposes disclosed in Company’s notices.
– If the Company wishes to use a Consumer’s Personal Data for a new purpose not
disclosed in the Company’s notices, Company will provide the Consumer with a
reasonable notice and opportunity to opt out of the new use and any related
disclosure.
– In the event of transferring Personal Data to a third party for processing on behalf
of the Company, the Company will ascertain the adequacy of the Personal Data
protection practices of the third party.
– Company will use Personal Data, including sensitive Personal Data, supplied by a
Consumer only for the purposes disclosed to the Consumer, unless a use of the
Personal Data for any additional use is required by law, is necessary to preserve a
legal claim or defense, or is necessary to prevent fraud or other illegal activities.
– These guidelines do not apply to the collection of Personal Data from any publicly
available sources.
– Company may gather and analyze certain data (such as the Internet browser and
operating system used, the domain name of an originating website, the number of
visits, average time of visit, and accessed websites) which do not identify any
specific Consumer and thus are not any Personal Data. The company and its
affiliates may use this data for purposes such as improving performance, etc.
However, if this type of data is later combined with other available data and
identifies a Consumer, and falls within the definition of Personal Data, the Company
will treat it in accordance with these Guidelines.
– The company will take reasonable measures to protect Personal Data collected
from a Consumer against loss, manipulation, falsification, unauthorized access or
unauthorized disclosure by any party inside or outside the Company.
– Company will adopt procedures to respond to reasonable Consumer requests for
updating or correcting inaccurate information.
– The company’s services may contain links to other websites. Subject to applicable
law, Company is not responsible for the content of, or, the Personal Data protection
policies or practices on such other websites.
Subscriber Terms
Last Updated: December 15, 2023
All users of the service provided by The Business Ethics And Education Commission LLC
(collectively, “BEAKN”) are expected to comply with this Acceptable Use Policy.
Disruption of the Service. You may not:
– Access, tamper with, or use non-public areas of the Service, BEAKN’s computer
systems, or the technical delivery systems of BEAKN’s providers;
– Probe, scan, or test the vulnerability of any system or network or breach or
circumvent any security or authentication measure;
– Access or search the Service by any means other than BEAKN’s publicly supported
interfaces (for example, “scraping”);
– Attempt to disrupt or overwhelm our infrastructure by intentionally imposing
unreasonable requests or burdens on our resources (e.g. using “bots” or other
automated systems to send requests to our servers at a rate beyond what could be
sent by a human user during the same period of time)
– Interfere with or disrupt the access of any user, host or network, including, without
limitation, by sending a virus, overloading, flooding, spamming, mail-bombing the
Service, or by scripting the creation of Content in such a manner as to interfere with
or create an undue burden on the Service.
Misuse of the Service. You may not utilize the Service to carry out, promote or
support:
– Any unlawful or fraudulent activities;
– The impersonation of another person or entity or the misrepresentation of an
affiliation with a person or entity in a manner that does or is intended to mislead,
confuse, or deceive others;
– Activities that are defamatory, libelous or threatening, constitute hate speech,
harassment, or stalking;
– The publishing or posting other people’s private or personally identifiable
information, such as credit card numbers, street address or Social Security/National
Identity numbers, without their express authorization and permission;
– The sending unsolicited communications, promotions advertisements, or spam;
– The publishing of or linking to malicious content intended to damage or disrupt
another user’s browser or computer; or
– Promotion or advertisement of products or services other than your own without
appropriate authorization.
– Content Standards Within the Service. You may not post any Content on the Service
that:
– Violates of any applicable law, any third party’s intellectual property
rights, or anyone’s right of privacy or publicity;
– Is deceptive, fraudulent, illegal, obscene, pornographic (including child
pornography, which, upon becoming aware of, we will remove and report
to law enforcement, including the National Center for Missing and
Exploited children), defamatory, libelous or threatening, constitutes hate
speech, harassment, or stalking;
– Contains viruses, bots, worms, or similar harmful materials; or
– Contains any information that you do not have a right to make available
under law or any contractual or fiduciary duty.
Violations of this Acceptable Use Policy.
In addition to any other remedies that may be available to us, BEAKN reserves the right
to immediately suspend or terminate your account or your access to the Service upon
notice and without liability for BEAKN should you fail to abide by this Acceptable Use
Policy. If you are a user of the Service under your employer or organization’s account,
BEAKN reserves the right to notify your employer or organization of any violations of this
Acceptable Use Policy.
Modifications.
BEAKN may amend or modify this Acceptable Use Policy from time to time in its sole and
reasonable discretion. We will post any such changes on our website. If you object to
any such change(s), your sole recourse shall be to cease using the Service. Continued
use of the Service following notice of any such changes shall constitute your
acknowledgement and acceptance of such changes.
For questions about these or any BEAKN terms or policies, email us at
info@theBEAKN.com.
Law Enforcement Data Request Guidelines
Last Updated: December 15, 2023
These guidelines are intended to provide law enforcement authorities with information
regarding the process for requesting records from The Business Ethics And Education
Commission LLC (collectively “BEAKN”). So that we can ensure compliance with our user
Terms of Service and Privacy & Data Protection Policy, we respond only to law
enforcement requests that adhere to established legal process and applicable law.
U.S. Legal Process Requirements.
We disclose user information solely in accordance with our published Terms of Service
and applicable U.S. law, including the federal Stored Communications Act (“SCA”), 18
U.S.C. Sections 2701-2712. In accordance with U.S. law:
A jurisdictionally valid subpoena, issued in connection with an official criminal
investigation, is required to compel the disclosure of basic user records, which may
include name, length of service, credit card information (including billing address),
email address(es), and an IP address, if available.
A court order is required to compel the disclosure of certain records or other
information related to a user account (not including contents of communications),
which may include message headers and IP addresses, in addition to the basic user
records identified above.
A search warrant properly issued under the procedures described in the Federal Rules
of Criminal Procedure or equivalent state warrant procedures, based on a showing of
probable cause, is required to compel the disclosure of the stored contents of any
account, which may include messages, attachments, or other content of
communications within a user’s account.
International Legal Requirements.
In the case of requests from law enforcement outside of the U.S., a Mutual Legal
Assistance Treaty (MLAT) request or letter rogatory may be required to compel the
disclosure of the contents of an account.
Account Preservation Requests. We will take reasonable steps to preserve account
records in connection with official criminal investigations for a period of 90 days
pending our receipt of a formal legal request for user data. You may request the
preservation of records via email, fax or mail as indicated below.
Information Required in Connection with Your Request.
– Your Contact Information.
– Requesting Agency’s name
– Requesting Agent’s name
– Requesting Agent’s badge/identification number
– Requesting Agent’s Agency-issued Email address
– Requesting Agent’s telephone number, including extension
– Requesting Agent’s mailing address (PO Box not acceptable)
– Requested response date (please allow at least 3 weeks for processing)
Data Request Information
– Full (first and last) name of the BEAKN User
– Email address(es) associated with the User’s account
– A clear and specific description of the data being requested (we will be unable to
process overly broad or vague requests)
Data Availability.
We will search for and disclose data that is specified with particularity in an appropriate
form of legal process and which we are reasonably able to locate and retrieve.
User Notification.
BEAKN’s policy is to notify users of requests for their information, which includes a copy
of the request, prior to disclosure so that they may have an opportunity to challenge
such request unless: (a) we are prohibited from doing so by law or court order; (b)
there are exceptional circumstances, such as an emergency involving the risk of bodily
injury or death to a person or group of people or potential harm to minors; or (c) prior
notice would be counterproductive (for example, if we believe that the account in
question has been hijacked). Law enforcement officials who believe that notification
would jeopardize an investigation should obtain a proper court order or other
appropriate process establishing that notice is prohibited. Please note that Officer
authored affidavits, cover letters or similar statements are not sufficient to preclude
notice to our users. Please note that in situations where a data request draws attention
to an ongoing violation of our Terms of Service we may, in order to protect our service
and its Users, take action to prevent any further abuse, including actions that could
notify the User(s) who are the subject of your data request that we are aware of their
misconduct.
Submitting Your Request.
A data request may be served by certified mail at the following address: The Business
Ethics And Education Commission LLC, 3 West Garden Street, Suite 612, Pensacola, FL
32502.
For questions about these or any BEAKN terms or policies, email us at
info@theBEAKN.com.