Terms of Service
Welcome to BEHUM.com. Please read these Terms of Service before using, or submitting, sending, and sharing content, in any form or medium, with, on or from, BEHUM.com.
By continuing to use us, or by submitting, sending, and sharing content,in any form or medium, with, on or from, BEHUM.com you agree to abide, and that you are bound, by these Terms and Conditions. We reserve the right to change these Terms of Service at any time, effective immediately upon being posted, and you agree (including by virtue of your continued use of our site) to be bound by any such changes. Unless explicitly stated otherwise, any new features or functionality that augment or enhance our site shall be subject to these Terms and Conditions. The most current version of these Terms of Service can be viewed at any time at: BEHUM.com.
1.Your Relationship with Us
Your access or use of our software,services and web pages (referred to collectively as the "Services") is subject to a legal agreement between you and Behum, Inc., a Delaware corporation ("BEHUM").Unless otherwise agreed in writing, your agreement with BEHUM will always include the terms and conditions set out in this document ("Terms of Service").
2.Description of Services
"Behum.com"(www.behum.com) is an on-line platform hosted by BEHUM that provides a variety of web-based tools and services allowing users to quickly and easily connect, on behum.com and 3rd party social networks, with other users, politicians, political entities, and other contacts.
3.Accepting the Terms of Service
(a) You must agree to the Terms of Service in order to use the Services. (b)You can accept the Terms by: (i) clicking to accept or agree to the Terms of Service, where this option is made available to you by BEHUM in the user interface for the Service; or (ii)by using the Services. In this case, you understand and agree that BEHUM will treat your use of the Services as acceptance of the Terms of Service from that point onwards. (c) In the event that you do not agree to the Terms of Service, or any changes or modifications thereto, you should not continue to access or use the Services.
Use of the Services is void where prohibited. By using the Services you represent and warrant that:
(a) All information provided, including but not limited to registration information, is truthful and accurate and you will maintain the accuracy of such infor mation.
(b) You are or intend to register to vote and are at least 17 years of age or older.
(c) Services are solely for your personal use and your account is not transferable.
(d) Your use of the Services does not violate any applicable law or regulations.
(e) Many Services are only available to users who have created an account by completing a registration application (an "Account"), whether directly or through a 3rd party website or network.BEHUM may maintain different types of accounts, with different functionality or Services, for different types of users. If you create an account on behalf of a company, organizations, advocacy group, politician, or other entity then
(i) "you" and "your" includes you and that entity, and
(ii)you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity's behalf.
Users who have repeatedly violated the Terms of Service are ineligible to register for an Account and are prohibited from accessing and using the Services.
(a) You agree that any information your provide is accurate and truthful, including
but not limited to your identity and contact information.
(b) You agree that any site actions, content your submit, and information you provide is by you and on your own behalf.
(c) You understand that BEHUM is not intended to be anonymous. While we do allow for limited anonymous actions, the majority of Services are NOT provided anonymously.
(d) You understand that any attempt by you to use Services non authentic communication will do irreparable harm and loss. This includes, but is not limited to, astroturfing, using inaccurate information to create the impression an opinion or cause has popular support, or other deliberately misleading communications.
This Agreement shall remain in full force while you access or use the Services, and/or as long as you have an account with Behum.com.
You may terminate your legal agreement with BEHUM at any time by closing your Behum.com account and discontinuing access to the Services.
You may terminate your Account with Behum.com by sending a request to terminate your Account by email to firstname.lastname@example.org.
(b) BEHUM may terminate its legal agreement with you without further obligation or liability to you if you have breached any provision of the Terms of Service; or if we reasonably believe you have breached the Terms of Service.
(c) BEHUM reserves the right to cancel your account and user name, stop providing Services, and/or terminate your access to our site at any time, for any reason, in its sole discretion.
(d) In the event your account is terminated or your user name is cancelled, BEHUM may, without notification, delete Your Content (defined hereunder in Section 10), and you will need to re-register for an account and obtain a new user name to gain access to any registration-based Services. BEHUM shall not be responsible for any losses, damages, claims and actions of any kind, either directly or indirectly related to or arising from the restriction, suspension, or termination of your account, access to the Services, cancellation of your user name, or the deletion of Your Content (as defined below).
8.Modifications to Services
BEHUM reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, our Services (or any part thereof) with or without notice. You agree that BEHUM shall not be liable to you or any third party for any such modification, suspension or discontinuance of our site.
9. User Name and Password
(a) You must have a valid email address in order to register for a user name and password. When registering your user name
and password, you may not (1) select or use a user name of another person with the intention of impersonating that person,
(2) use the user name of anyone else without authorization, (3) use a user name in violation of the intellectual property
rights of any person or entity, or (4) use a user name that BEHUM considers in its sole discretion as being inappropriate.
(b) You are solely responsible for the use and maintenance of your user name and password. You may change your password at any time. You agree to notify BEHUM of any unauthorized use of your user name or any other breach of security, and to ensure that you exit from your Account at the end of each session. You shall not authorize others to use your user name.
10. Grant of License to Your Content
(a) You warrant and represent that you own the rights to or are otherwise authorized to post, display, perform, transmit,
or otherwise distribute and sublicense the content you submit, post or display on or through the Services ("Your Content").
You retain ownership of all right, title, and interest in Your Content. However, during the course of your use of the
Services you grant BEHUM a license to use and distribute Your Content until a commercially reasonable time after you have deleted it.
More specifically, by posting, displaying, or otherwise distributing Your Content on or through the Services, you are granting BEHUM,
its, affiliates, assigns, employees, agents and licensees the nonexclusive, worldwide, royalty-free, perpetual, sublicenseable and
transferrable right and license to reproduce,display, distribute, adapt, prepare derivative works of,
promote and perform Your Content in any medium and through any media channel for the purpose of (a)making Your Content
available on the Services,(b) conducting BEHUM's internal business affairs, and (c) advertising, marketing and business development purposes.
(b) In addition to the rights, licenses and privileges granted above, you agree that BEHUM may use and refer to your trademarks, service marks, trade names, image, character, logos, domain names and other distinctive brand features or identification in marketing material, presentations, customer lists,website materials, and other media now known or hereafter discovered in connection with the marketing, advertising and promotion of the Services.
(c) For the avoidance of doubt you acknowledge that Services may include messages to you, which may be targeted to Your Content or information on the Services, queries made through the Services, reports and analytics with Your Content or information or other information generated by your use of the Services. Services may also include reports, analytics, and other types of communication, the type and extent of which are subject to change. In consideration for BEHUM granting you access to and use of the Services, you agree that BEHUM and its third-party providers and partners may display or otherwise provide communications or messages to you through and within the Services or in connection with the display of Content or information from the Services whether submitted by you or others.
(d)For further avoidance of doubt you acknowledge that Services include submitting,sending, and sharing Your Content and information on third party platforms, including, but not limited to, i)social networks, ii) email to politicians, advocacy groups, other political entities, and other users, and iii) completing web forms of politicians, advocacy groups, other political entities, and other users.
(e) You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products ("Ideas"). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place BEHUM under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, BEHUM does not waive any rights to use similar or related ideas previously known to BEHUM, or developed by its employees, or obtained from sources other than you.
11. Grant of License from BEHUM
(a) As long as you are not in breach of any terms or conditions of this agreement, BEHUM grants you a limited, revocable,
nontransferable, non-assignable and non-exclusive right and license to access and use the Services as set forth in these Terms of Service.
(b) You may not (nor may you permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of any software (or any part thereof) made available to you by BEHUM.
(c) You may access user content for your information and personal use solely as intended through the provided functionality of the Services. You shall not copy or download any user content unless you are provided the means to download that content from BEHUM.
(a) BEHUM trademarks, logos, images, service marks, trade names and other distinctive branding features affixed or contained within the Services ("Our
Trademarks") may not be used without permission. BEHUM does not grant you a license under any intellectual property
rights to Our Trademarks. Other trademarks, logos and trade names that may appear on or within the Services are the
property of the respective owners.
(b) You agree that you shall not remove, obscure, or alter Our Trademarks (including copyright and trade mark notices) which may be affixed to or contained within the Services.
(c) Unless you have been expressly authorized to do so in writing by BEHUM, you agree that in using the Services, you will not use any trademark, service mark,trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
13.Proprietary Rights in Content
(a) Except as otherwise provided in Section 10 above, all content, including but not limited to text, software, music, sound, .
photographs, video, graphics, Java script code, and HTML code, presented to you on or through the Services, is protected by
copyrights, trademarks, service marks, patents or other proprietary rights and laws. You are only permitted to use this
content as expressly authorized by these Terms of Service.
(b) You may not copy, reproduce, distribute, or create derivative works from this content without the express written permission from BEHUM or the respective owner(s). Content provided on or through the Services is provided to you AS IS for your personal use only and, except for as provided herein, may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent from BEHUM or the respective owner(s). BEHUM reserves all rights not expressly granted in and to the Services and content.
14.Restrictions on Posting Content
(a) You are solely responsible for all of Your Content and all content posted under your account, including, without limitation,
photographs, audio files, video files, and live streaming video, as well as any communication with other members via the
instant message service and internal email service. The burden of proving that Your Content does not violate any laws or
third party rights rests solely with you.
(b) You may not post or transmit, whether publicly or privately, any material that (i) is false, misleading, deceptive, or deceitful; (ii) employs misleading email addresses or forged headers or otherwise manipulated identifiers in order to disguise the origin of the content posted; (iii) contains viruses, Trojan horses, worms, or any other harmful programs; (iv) harasses, threatens, or abuses another person; (v) is libelous, defamatory, invasive of privacy or publicity rights, vulgar,obscene, profane, indecent or otherwise objectionable; (vi) violates any applicable law restricting the export or import of data, software, or any other content, or encourages conduct that would constitute a criminal offense; (vii) gives rise to civil liability; (viii) advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law; or(ix)otherwise violates any applicable local, state, national or foreign law or regulation.
15. No Duty to Monitor Content
(a) BEHUM, in its sole discretion shall have the right (but not the duty) to monitor the user generated content posted on
or through the Services. BEHUM reserves the right to remove content that, in its sole judgment, does not meet its
standards or does not comply with these Terms of Service, or which might be offensive, illegal, or that might
violate the rights, harm, or threaten the safety of others, but BEHUM is not responsible for any failure or
delay in removing such content.
(b) BEHUM, in its sole discretion shall have the right (but not the duty) to monitor the 3rd party generated content posted on or through the Services this includes, but is not limited to content from social network accounts of politicians, advocacy groups, other political entities, and other users. BEHUM reserves the right to remove content that, in its sole judgment, does not meet its standards or does not comply with these Terms of Service, or which might be offensive, misleading, illegal, or that might violate the rights, harm, or threaten the safety of others, but BEHUM is not responsible for any failure or delay in removing such content or for any errors, omissions, or accidental misrepresentations. (c) BEHUM does not endorse, support, represent, or guarantee the completeness, truthfulness, accuracy, or reliability of any content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to content, including the viewpoints of others, that might be offensive, harmful, inaccurate, or otherwise inappropriate. Under no circumstances will BEHUM be liable in any way for any content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted, or otherwise made available via the Services or broadcast elsewhere.
16. Paid Services
A portion of Services may be provided for a fee or other charge and subject to these additional terms:
(a) You agree to the pricing and payment terms, as we, may update them from time to time. BEHUM may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion. Any change to our pricing or payment terms shall become effective in the billing cycle following notice of such change to you as provided in the Terms of Service.
(b) You may cancel your Account at any time; however, there are no refunds for cancellation. In the event that BEHUM suspends or terminates your Account or otherwise stops providing services under any provision of the Terms of Service you understand and agree that you shall receive no refund or exchange for any paid services, including any unused time on a subscription, any license or subscription fees for any portion of the Service, any content or data associated with your account, or for anything else.
(c) For avoidance of doubt, you acknowledge that any fees are for Services on an "AS IS" basis and that Services are subject to change, disruptions, and.
17. Prohibited Uses of the Services
(a)You may not use the Services for activities that violate any law, statute, ordinance or regulation.
(b)You are also prohibited from violating or attempting to violate any security feature of the Services, including, without limitation:
(i)Accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access;
(ii)Attempting to probe, scan, or test the vulnerability of the Services or to breach security or authentication measures without proper authorization;
(iii)Interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus,overloading,flooding,spamming,mail bombing, or crashing;
(iv)Using the Services to send unsolicited email, including, without limitation,promotions, or advertisements for products or services;
(v)Forging the TCP/IP packet header or any part of the header information in any email or in any posting using the Services;
(vi)Attempting to modify, reverse engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by BEHUM in providing the Services; or (vii) Using the Services in any manner that could damage, disable, overburden,impair or otherwise interfere with or disrupt the Services, or any network or networks connected to the Services. Any violation of system or network security may subject you to civil and/or criminal liability.
(c) Other than as permitted under these Terms of Service, you may not resell, distribute, make any commercial use of, use on a timeshare or service bureau basis, or use to operate a website or otherwise generate income from the Services or use the Services for the development, production or marketing of a service or product substantially similar to the Services. You shall not use the Services in any manner that could damage, disable, overburden, impair or otherwise interfere with or disrupt the websites, Services, or any network or networks connected to the Services or security systems.
18. Alleged Violations
To ensure that BEHUM provides a high quality experience for you and for other users of the Services, you agree that BEHUM may access your account(s) and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Services. BEHUM does not intend to disclose the existence or occurrence of such an investigation unless required by law, but BEHUM reserves the right to terminate your account(s) and/or your access to the Services, and to delete all of Your Content posted therein, with or without notice to you, and without liability to you, if BEHUM believes that you have violated any of these Terms of Service, furnished BEHUM with false or misleading information, or interfered with the use of the Services.
19. Copyright Infringement
BEHUM has in place certain legally mandated procedures regarding allegations of copyright infringement. BEHUM has adopted a policy
that provides for the immediate suspension and/or termination of any user who is found to have infringed on the rights of BEHUM, or of a third party,
or otherwise violated any intellectual property laws or regulations. BEHUM's policy is to investigate any allegations brought to its attention.
If you have any evidence, know, or have a good-faith belief that
your rights have been violated and you want BEHUM to delete, edit, or disable the material in question, you must provide us with the following information:
(a)The physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;br/>
(b)Identification of the copyrighted work claimed to have been infringed;
(c)Identification of the material that is claimed to be infringing and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material such as the URL or other specific location;
(d)Information reasonably sufficient to permit us to contact you, such as an address, telephone number, or e-mail address;
(e)A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(f) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
For this notification to be effective, you must provide it to BEHUM at email@example.com.
20.User Disputes and Release
(a) You are solely responsible for any disputes between you and other users of the Services. BEHUM reserves the right, but
has no obligation to monitor or resolve disputes between users of the Services.
(b) You will not hold BEHUM responsible for other users, content, actions or inactions.You acknowledge that BEHUM is an interactive online service provider, providing the Services to its users for the purpose of communicating with other users and publishing user content. BEHUM has no control over user content and does not guaranty the quality, safety or legality of user content advertised, or the truth or accuracy of user content.
(c) If you have a dispute with one or more users, to the maximum extent permitted by law, you release BEHUM, its affiliates, officers, employees, agents, partners and licensors from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you 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."
21.Advertisers, Other Businesses, and Links to Other Sites
The Services may provide links redirecting you to the websites of third-party merchants, and other parties. These links are provided solely as a convenience to you, and do not constitute an endorsement by BEHUM of the content of such third-party sites nor of the business practices of such other businesses, entities or individuals. BEHUM is not responsible for examining or evaluating, and does not warrant or claim responsibility for in any way, the products, services, offerings or business practices of any of these businesses, entities or individuals or the content of their websites. You should carefully review their privacy statements and other conditions of use.
23.Disclaimer Of Warranties
BEHUM cannot guarantee continuous or secure access to the Services, which may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, BEHUM HEREBY DISCLAIMS ALL WARRANTIES.BEHUM IS MAKING THE SERVICES AVAILABLE AS IS," "WITH ALL FAULTS" AND ON AN "AS AVAILABLE"BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW,BEHUM,AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SERVICES. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICES IS ACCESSED AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL. BEHUM DOES NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED.
(a) BEHUM'S LIABILITY TO YOU IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN NO EVENT SHALL BEHUM, ITS AFFILIATES,
OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND
(INCLUDING, BUT NOT LIMITED TO, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST
DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY
TO USE THE SERVICES OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU.THIS LIMITATION SHALL APPLY
REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION.
(b) SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS.BEHUM,ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS, FROM ANY LOSS, LIABILITY, CLAIM OR DEMAND,INCLUDING REASONABLE ATTORNEYS FEES MADE BY ANY THIRD PARTY WITH RESPECT TO ANY TRANSACTION(S) YOU ARE INVOLVED IN WITH OTHER USERS OF THE SERVICES; DUE TO OR ARISING FROM YOUR ACCESS TO OR USE OF THE SERVICES, YOUR VIOLATION OF THESE TERMS OF SERVICE, YOUR BREACH OF ANY OF THE REPRESENTATIONS AND WARRANTIES HEREIN; OR THE INFRINGEMENT BY YOU OR ANY OTHER USER OF YOUR ACCOUNT OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY.
26.Dispute Resolution and Governing Law
(a) To expedite resolution and control the cost of any dispute, controversy or claim related to this Agreement ("Dispute"),
you and BEHUM agree to first attempt to negotiate any Dispute(except those Disputes expressly provided below)
informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such
informal negotiations commence upon written notice from one person to the other. BEHUM will send its notice
to the email address you have provided to us. You will send your notice to firstname.lastname@example.org, with a CC to email@example.com.
(b) If you and BEHUM are unable to resolve a Dispute through informal negotiations, either you or BEHUM may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other.YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA")and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website www.adr.org. The determination of whether a Dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, BEHUM will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement, you and BEHUM may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
(c) You and BEHUM agree that any arbitration shall be limited to the Dispute between BEHUM and you individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
(d)You and BEHUM agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration:(1) any Disputes seeking to enforce or protect, or concerning the validity of any of your or BEHUM's intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (3)any claim for injunctive relief.
(e) Any arbitration shall be initiated in San Francisco County, State of California, United States of America. Any Dispute not subject to arbitration (other than claims proceeding in any small claims court), or where no election to arbitrate has been made, shall be decided by a court of competent jurisdiction within San Francisco County, State of California, United States of America, and you and BEHUM agree to submit to the personal jurisdiction of that court.
(f) The services are controlled and operated by BEHUM from its offices in the United States of America, State of California. BEHUM makes no representation that the services are available or appropriate for use in other locations. Your use of or access to the services should not be construed as BEHUM purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California. Except as expressly provided otherwise, this Agreement shall be governed by, and will be construed under, the laws of the United States of America and the law of the State of California, without regard to choice of law principles. Those who choose to access the Services from locations outside of the United States, do so on their own initiative contrary to the terms of this Agreement, and are responsible for compliance with local laws if and to the extent local laws are applicable.
(g) You and BEHUM agree that if any portion of this Section 26 is found illegal or unenforceable, that portion shall be severed and the remainder of the Section shall be given full force and effect.
27. No Agency
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
You may not delegate your duties or assign your rights under this Agreement. BEHUM may assign any of its rights and obligations
under this agreement without consent, including in connection with a corporate reorganization, consolidation,
merger or sale of substantially all of its assets. This Agreement will bind and inure to the benefit of each successor and permitted assigns.
I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING TERMS OF SERVICE AND AGREE THAT MY USE OF THE SERVICES IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.This Agreement was last modified July 11, 2012.