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buuteeq Inc. -

TERMS OF SERVICE

Last Updated Date June 9, 2014

INTRODUCTION

These Terms of Service (“Terms”) apply to any user’s (“you” or “User”) access to and use of the website located www.buuteeq.com and operated by and on behalf of buuteeq, Inc. (“buuteeq”, “us” or “we”). These Terms will also apply to any other websites or on-line or mobile launched or operated by or on behalf of buuteeq (together with buuteeq.com, collectively, the “Site”).

We also provide certain digital marketing and resource services via the Site, including access to a rich collection of digital marketing resources in the hotel and restaurant industries, as well as related website creation and development, hosting and content management services (the “Services”). You may read more about our Services plans here. There are certain specific Terms, available in this document (see "ADDITIONAL TERMS" below) that apply only to our Customers (as defined below). If you would like to become a Customer, please review all the Terms before doing so.

Please note that these Terms, including our Privacy Policy and any other documents we refer to below, form a legally binding agreement between you and us.

By accessing or using the Site or the Services, you represent and warrant that you are 18 or older. Access to the Site by individuals under the age of 18 is prohibited.

Finally, if you accept these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.

IF YOU DO NOT AGREE TO ALL OF THESE TERMS WITHOUT MODIFICATION, THEN PLEASE DO NOT ACCESS OR USE THE SITE OR THE SERVICES ANY PORTION OF THEM. BY VIEWING OR USING ALL OR ANY PART OF THE SERVICES OR THE SITE, OR DOWNLOADING ANY MATERIALS OR BY COMPLETING ANY REGISTRATION PROCESS VIA THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS.

DEFINITIONS

When used in these Terms, the following words have the following meanings. Capitalized terms that aren’t defined in this Section are defined elsewhere in the Terms:

buuteeq Content” means the Site, the Services, and any Content that buuteeq makes available through the Site or Services, including any Content licensed from a third party (including other Users), but excluding your User Content or your Customer Content. For clarity, buuteeq Content includes any digital marketing Content buuteeq provides to Customers hereunder, as well as the overall “look and feel” or compilation of any Customer Site that contains or is created using buuteeq Content.

Customer” means a person who completes buuteeq’s registration process, as described under the “Becoming a Customer” subsection below and either purchases a Services Subscription or receives free Services.

Content” means text, graphics, images, music, software, audio, video, information or other works of authorship.

Customer Content” means Content that a Customer posts, uploads, publishes, submits or transmits to be made available through the Site or Services, excluding End User Data, as part of that Customer’s use of the Services.

Customer Site” means one or more websites or other Customer on-line or mobile properties that we design, host, develop or otherwise provide Services in connection with.

End User” means any end user or customer of the Customer Site.

End User Data” means information that we collect from End Users on a Customer’s behalf and may include Personal Information.

Personal Information” means information that is capable of identifying, directly or indirectly, a natural individual (including, without limitation, first initial and last name, email address, social security number and payment card information).

Trademark” means any trademark, service mark, trade name, logo, tagline or similar designator of source, origin or affiliation of goods and services.

User Content” means Content that a User posts, uploads, publishes submits or transmits to be made available through the Site, including on or to any blogs.

1. ACCEPTANCE OF TERMS AND MODIFICATIONS

  1. We may modify, discontinue, suspend or terminate the Site or Services or modify these Terms at any time and without prior notice to you, including suspending access of Customers to the Services. If we do modify these Terms, we will provide notice to you as follows (“Notice”): (1) via email (to the address that you provide to us); or (2) by posting to the Site or via the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted. Your acceptance of these Terms indicates your agreement to receive Notices from us for any purpose under these Terms as stated in this Section. We will also update the “Last Updated Date” at the top of these Terms.
  2. By continuing to access or use the Site or Services after we have notified you that the Terms, Site or Services have changed, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and Services.

2. USE OF THE SITE AND SERVICES

  1. Content Prohibitions. You agree not to post, upload, publish, submit or transmit via or to the Site or Services any Content that: (1) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy or otherwise violates, or encourages any conduct that would violate, any applicable law, rule, statute, ordinance, court or agency decision or regulation (together, “Laws”); (2) would give rise to civil liability (3) is fraudulent, false, misleading or deceptive; (4) is defamatory, obscene, pornographic, vulgar or offensive; (5) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (6) is violent or threatening or promotes violence or actions that are threatening to any person or entity.
  2. Additional Prohibitions. You also agree not to: (1) use, display, mirror or frame the Site, or any individual element within the Site or Services, including buuteeq’s name or any buuteeq Content; (2) access, tamper with, or use non-public areas of the Site or Services, buuteeq’s computer systems, or the technical delivery systems of buuteeq’s providers; (4) attempt to probe, scan, or test the vulnerability of any buuteeq system or network or breach any security or authentication measures; (5) Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by buuteeq or any of buuteeq’s providers or any other third party (including another user); (6) attempt to access or search the Site or buuteeq Content or download buuteeq Content from the Site or Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by buuteeq or other generally available third party web browsers; (7) send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation; (8) use any meta tags or other hidden text or metadata utilizing a buuteeq Trademark or URL; (9) Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site or Services to send altered, deceptive or false source-identifying information; (11) attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide or that is contained or displayed within the Site or via the Services (12) interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site or Services; (12) collect or store any Personal Information from other Users of the Site or Services; (14) impersonate or misrepresent your affiliation with any person or entity; (15) access the Site behind proxy servers or URL cloaking techniques; or (16) Encourage or enable any other individual to do any of the foregoing.
  3. Monitoring; Investigation; Remedies. You acknowledge and agree that buuteeq has the right to investigate and prosecute violations of any of the above prohibitions, or of any of these Terms, to the fullest extent of the Laws. You acknowledge that buuteeq has no obligation to monitor your access to or use of the Site or to review or edit any User Content, but has the right to do so for the purpose of operating the Site, to ensure your compliance with these Terms, to comply with applicable Laws, including the order or requirement of a court, administrative agency or other governmental body or as it otherwise deems necessary or appropriate. buuteeq reserves the right, at any time and without prior notice, to remove or disable access to any User Content including, but not limited to, such Content that buuteeq, at its sole discretion, considers to be in violation of these Terms, applicable Laws, or otherwise harmful to the Site.
  4. All Rights Reserved. Reproducing, copying, or distributing any buuteeq Content on or of the buuteeq Site or provided via the Services (including the Site itself) for any use or purpose not expressly permitted by these Terms is strictly prohibited without the express prior written permission of buuteeq. Any rights not expressly granted herein are reserved by buuteeq.

3. CONTENT

  1. Licenses Granted by buuteeq to buuteeq Content. Subject to your compliance with the terms and conditions of these Terms, buuteeq grants you a limited, non-exclusive, non-transferable license to view, download and print any buuteeq Content solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Site or buuteeq Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by buuteeq or its licensors, except for the licenses and rights expressly granted in these Terms.
  2. License Granted by User to User Content. We may, in our sole discretion, request or permit Users to post, upload, publish, submit or transmit User Content via the Site. By making such User Content available on the Site, you hereby grant to buuteeq a worldwide, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such User Content for any purpose in our discretion, including, if applicable, selling or licensing such User Content to third-parties for compensation.
  3. Additional License to buuteeq Content for Customers. In addition to the personal and non-commercial use of buuteeq Content permitted above, Customers may use the buuteeq Content under that license for its internal business purposes only and to the extent necessary for Customers to access and use the applicable Services (i.e. those provided for free or those provided in connection with a Services Subscription). For clarity, all the other restrictions in the license grant to Users apply equally to Customers.
  4. License Granted by Customer to Customer Content. By making available any Customer Content on or through the Site or Services, and subject to your right of prior approval discussed below, you hereby grant to buuteeq a worldwide, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such Customer Content to the extent necessary for us to perform the Services. You also grant us the same license to use Customer Content on our Site for our own publicity and marketing purposes. buuteeq does not claim any ownership rights in any Customer Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any Customer Content.
  5. Your Responsibilities for Your User Content and Your Customer Content. You acknowledge and agree that you are solely responsible for all Content that you make available through the Site or the Services. Accordingly, you represent and warrant that: (1) you either are the sole and exclusive owner of all such Content or you have all rights, licenses, consents and releases that are necessary to grant to buuteeq the rights and licenses set forth in these Terms; and (2) the Content, your posting, uploading, publication, submission or transmittal of the Content or buuteeq’s use of the Content (or any portion thereof) as set forth in these Terms on, through, in connection with or by means of the Site or the Services does not and will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or violate or result in the violation of any applicable Laws.
  6. Copyright Policy. buuteeq respects copyright law and expects its Users and Customers to do the same. It is buuteeq’s policy to terminate access to the Site who repeatedly infringe or are reasonably believed to be repeatedly infringing the rights of copyright holders via the Site. Please see our Copyright Policy at http://www.buuteeq.com/copyright-policy for further information, including how you can notify us if you believe another User is infringing your copyrights. Our Copyright Policy is incorporated into these Terms by reference.

4. OWNERSHIP

Without limiting any other language in these Terms, you acknowledge and agree that he Site, Services, and buuteeq Content are protected by copyright, trademark, and other Laws of the United States and foreign countries and that the Site, Services and buuteeq Content, including all associated intellectual property rights, are the exclusive property of buuteeq and its licensors. You further acknowledge and agree that all Trademarks appearing on the Site, the Services or in the buuteeq Content are owned by buuteeq or the third-parties who provide them. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services or buuteeq Content. For clarity, and as indicated above, as between you and buuteeq, you own any Customer Content or User Content, as applicable.

5. PRIVACY

See buuteeq’s Privacy Policy at http://www.buuteeq.com/Privacy-Policy for information and notices concerning buuteeq’s collection and use of your Personal Information. Please note that this Privacy Policy is incorporated into and a valid and binding part of these Terms.

6. DISCLAIMER OF WARRANTIES

  1. THE SITE, SERVICES AND BUUTEEQ CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, BUUTEEQ EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. BUUTEEQ MAKES NO WARRANTY THAT THE SITE, SERVICES OR BUUTEEQ CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. BUUTEEQ MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES OR BUUTEEQ CONTENT PURCHASED OR OBTAINED THROUGH THE SITE OR SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT, INCLUDING OTHER USERS’ CONTENT, OBTAINED THROUGH THE SITE OR SERVICES.
  2. For clarity, no advice or information, whether oral or written, obtained from buuteeq or through the Site, Services or buuteeq Content, will create any warranty not expressly made herein.
  3. You acknowledge and agree that your access to and use of the Site and the Services is dependent upon access to telecommunications and Internet services. You shall be solely responsible for acquiring and maintaining all telecommunications and Internet services and other hardware and software required to access and use the Site and Services, including, without limitation, any and all costs, fees, expenses, and taxes of any kind related to the foregoing.

7. LIMITATION OF LIABILITY

Please read this Section carefully. It affects your legal rights.

  1. Limitation of Certain Claims. You acknowledge and agree that, to the maximum extent permitted by applicable Laws, you assume all risk, whether known or unknown to you, arising out of your access to and use of the Site, Services and buuteeq Content. Without limiting the foregoing, you also acknowledge and agree that buuteeq will not be responsible or liable for, or incur any, claims, causes of action, suits, penalties, fines, losses, damages, costs or expenses (including attorneys fees) (together, “Claims”) arising out of or in connection with these Terms or from your access or use of, or inability to access or use, the Site, Services or buuteeq Content for or arising out of the following: (1) personal or bodily injury or death or emotional distress; (2) interactions or meetings with other Users or Customers of the Site or Services or other persons with whom you communicate or interact as a result of your use of the Site or Services; (3) loss or corruption of data, lost communications, or any other loss or damage of any kind arising from any telecommunications and Internet services (or the failure of such services) that you use to access or use the Site, Services or buuteeq Content); and (4) any other Claims arising out of or relating to your acts or omissions or the acts or omissions of any third-party, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not buuteeq has been informed of the possibility of such Claims, even if a limited remedy set forth herein is found to have failed of its essential purpose.
  2. Limitation of Certain Damages. Without limiting the foregoing, you acknowledge and agree that if buuteeq is found liable for any of the foregoing Claims, or for any other Claims arising hereunder, including for its breach of these Terms, buuteeq and any other person or entity involved in creating, producing, or delivering the any of the foregoing will under no circumstances be liable for any incidental, special, exemplary, punitive or consequential damages, including, without limitation, lost profits, loss of data or loss of goodwill, or the cost of acquiring substitute products or services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not buuteeq has been informed of the possibility of such Claims, even if a limited remedy set forth herein is found to have failed of its essential purpose.
  3. Further Damage Limitations. In no event will buuteeq’s aggregate liability arising out of or in connection with these Terms or from your use of or inability to use the Site, Services or buuteeq Content exceed the amounts you have paid to buuteeq for use of the Site, Services or buuteeq Content (1) in the twelve (12) month period prior to the events giving rise to a permitted Claim hereunder, if you have purchased a Services Subscription, or (2) one hundred dollars ($100), if you have not.
  4. Additional Terms. The limitations of Claims damages set forth above are fundamental elements of the basis of the bargain between buuteeq and you. Please note that some jurisdictions do not allow certain of the above exclusions and limitations, so they may not apply to you.

8. INDEMNIFICATION

You agree to defend, indemnify, and hold buuteeq, its officers, directors, employees and agents (the “buuteeq Indemnitees”), harmless from and against any Claims arising out of or in any way connected with (1) your access to or use of the Site, Services or buuteeq Content, including your violation of these Terms; (2) any goods or services you may provide (or fail to provide); and (3) any agreements or understandings you have with third-parties, including End Users, or your failure to observe the terms of such agreements or understandings.

9. GENERAL PROVISIONS

  1. Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between buuteeq and you regarding the Site, Services and buuteeq Content, and supersede and replace any and all prior oral or written understandings or agreements between buuteeq and you regarding those subjects.
  2. No Assignment. You may not assign or transfer these Terms, by operation of Laws or otherwise, without buuteeq’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. buuteeq may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
  3. Governing Law. These Terms will be governed and interpreted by the laws of the State of Washington, without regard to its conflict of laws provisions.
  4. Third Party Sites. We may provide links to third-party websites or resources on the Site or via the Services. Because buuteeq has no control over such websites and resources, you acknowledge and agree that buuteeq is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources

10. DISPUTE RESOLUTION

  1. Arbitration of Disputes. You and buuteeq agree that, except as set forth in the following Section, any dispute, Claim or controversy arising out of or relating to these Terms, including the breach, termination, enforcement, interpretation or validity thereof or the use of the Site or Services between you and buuteeq (collectively, “Disputes”) will be settled by binding arbitration conducted by a single arbitrator under the applicable rules of the American Arbitration Association. Unless you and buuteeq agree otherwise, arbitration will be held in Seattle, Washington.
  2. Individually Named Parties Only; Waiver of Class Action Right. All parties to the arbitration must be individually named there is no right or authority for any Disputes to be arbitrated or litigated on a class-action or consolidated basis, on behalf of the general public or other parties, or joined or consolidated with claims of other parties, and you and we are specifically barred from doing so, unless both you and buuteeq otherwise agree in writing.
  3. Litigated Disputes; Jurisdiction and Venue. The foregoing provision notwithstanding, each party may bring an individual action (1) in small claims court (if permitted by Laws) or (2) for injunctive or other equitable relief to prevent the actual or threatened infringement, misappropriation or violation of that party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. The parties consent to the exclusive jurisdiction of the state and federal courts of the State of Washington for all such Disputes, as well as for any other Disputes litigated and not arbitrated between the parties, and the parties further agree that venue for any such Disputes shall be in the courts of competent jurisdiction located in Seattle, Washington.

11. FEEDBACK.

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site and Services (“Feedback”). You may submit Feedback by emailing us at info@buuteeq.com. You acknowledge and agree that if you submit any Feedback to us, it will be considered User Content, as described above, and, as such, you hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.

12. NOTICES.

For clarity, any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, must be in writing (including as described above). If you have any questions about the Site, Services or these Terms, please contact buuteeq at info@buuteeq.com. Please also report any violations of the Terms to us at info@buuteeq.com.

ADDITIONAL TERMS FOR CUSTOMERS.

In addition to the terms and conditions set forth above, the following terms and conditions shall also apply to our Customers:

13. BECOMING A CUSTOMER

  1. Becoming a Customer. If you decide to become a Customer, you will be asked to provide us with the information requested in the Site demo request form (“Registration Data”) which we need to create your account (“Account”). Once we receive full, complete and accurate Registration Data, and subject to our internal policies and procedures, we will provide you with the credentials that you must have to access the Services (and the portions of the Site through which they are offered). You agree to: (1) provide true, accurate, current, and complete Registration Data and (b) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. Once you receive your logon credentials, please log in to the Site and create an Account. Once you create an Account, you will have the opportunity to purchase a particular set or package of Services (“Services Subscription”) or receive access to certain free Services. Once you do so, you (including any entity on whose behalf you are accessing Services) will become a Customer. Please note that if you provide any information that is untrue, inaccurate, not current, or incomplete, or buuteeq has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, buuteeq has the right to suspend or terminate your Account and refuse any and all current or future use of the Services (or any portion thereof). For clarity, Accounts may have multiple users, but the Account shall be considered held in the name of a single Customer, if applicable.
  2. Upgrades and Downgrades. You may add or subtract Services from your current Services Subscription at any time in accordance with these Terms; however, additional Services Fees will apply for upgrades. In addition, downgrading your Services Subscription may cause the loss of Content, Services features, or the Content-storage capacity of your Account. Please see Section 15 below for more information about Services Subscriptions and Services Fees.

14. CUSTOMER CONTENT

  1. Storage of Your Customer Content. buuteeq shall employ commercially reasonable procedures for storing Customer Content provided to us. In the event of any loss or corruption of Customer Content, buuteeq shall use commercially reasonable efforts to restore the lost or corrupted Customer Content from the latest backup of such Customer Content maintained by buuteeq in accordance with its standard policies and procedures. buuteeq shall not be responsible for any loss, destruction, alteration, unauthorized disclosure or corruption of Customer Content caused by you or any third party. BUUTEEQ’S EFFORTS TO RESTORE LOST OR CORRUPTED CUSTOMER CONTENT PURSUANT TO THIS SECTION SHALL CONSTITUTE BUUTEEQ’S SOLE LIABILITY AND YOUR SOLE AND EXCLUSIVE REMEDY IN THE EVENT OF ANY LOSS OR CORRUPTION OF CUSTOMER CONTENT.
  2. Testimonials. We display personal testimonials of satisfied Customers on our Site in addition to other endorsements. We consider those testimonials Customer Content; however, we will only publicly display your testimonial with your prior written consent. In addition, if you consent, we may also use your name, company name or first initial and last name. If you wish to update or delete your testimonial, please contact us at info@buuteeq.com.

15. SERVICES FEES

  1. Generally. Access to the Site is free; however, we will charge fees (“Services Fees”) for your access to and use of certain Services (“Services Subscription”). Other Services may be provided free of charge. The current Services Fees will be provided to you if you request a quote or otherwise by buuteeq during the ordering process; however, we may change the Services Fees at any time in our discretion upon thirty (30) days notice to you. Services Fees may be one-time payments or may be recurring fees you are required to pay on a periodic basis to maintain your Services Subscription.
  2. Fees and Payments. If and when you choose to purchase a Services Subscription, we will issue a Sales Order Form setting out the Services Fees and certain other information related to your purchase. We may also ask you to provide certain billing information and to select a Services Subscription term (“Subscription Term”) and payment frequency. You may be required to pay an upfront, one-time Set Up Fee for your use of the Services, which will be indicated in the Sales Order Form or in an invoice that we issue to you. You agree to pay the applicable Services Fees set forth in any invoice, as well as any taxes and other fees that may accrue in relation to or as a result of your use of the Services. The following terms and conditions apply to any Services Fees:

    (1) Services Subscriptions begin after we have confirmed, via your Account or other means of contact (including email Notice or a written Sales Order Form), the date on which you would like to begin receiving Services. . Services Subscriptions may be cancelled as set forth in Section 16 below, but please note: there will be no refunds or credits for partial months, or for Services upgrades or downgrades;

    (2) All Services Fees will be paid in U.S. dollars, Euros, or British Pounds Sterling (depending on your location) unless otherwise specified by us in writing;

    (3) A valid credit card, bank account information (for direct debit transactions), or upfront annual payment is required for Customers with Services Subscriptions. For clarity, Users accessing or using Services during a Trial Period are not required to provide this payment information;

    (4) Except as otherwise expressly set forth in an applicable Sales Order Form, Customer hereby authorizes buuteeq to debit or charge Customer’s designated bank account or payment card, as applicable, for the amount specified in each buuteeq invoice at any time following buuteeq’s presentment of such invoice to Customer. If buuteeq is unable to debit or charge Customer’s designated payment method, as applicable, for the full amount specified in such invoice, then Customer nevertheless shall ensure that such invoice is paid within 30 days after the applicable invoice date;

    (5) If any Services Fees have not been paid after thirty (30) days from the due date of such fees, buuteeq reserves the right to suspend or cancel your Account upon five (5) business days’ prior notice to you;

    (6) Except as otherwise agreed to between you and buuteeq in writing on an applicable Sales Order Form, your use of the Services will be billed in one of two ways: (a) advance payment of all Services Fees on an annual basis for the first year of the Subscription Term, and thereafter billing in advance on an annual or monthly basis; or (b) monthly payments due each month in advance for the entire Subscription Term. Monthly Services Fees will be invoiced and due on the last day of the month immediately preceding the month for which the applicable Services Fees are due.

    (7) As indicated above, we may change the Services Fees at any time upon 30 days’ notice to you, unless the applicable Sales Order Form or other written agreement between you and buuteeq indicates otherwise. If you do not want to pay the new Services Fees, you must cancel your Account in accordance with Section 16 below.

    (8) All Services Fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.

    (9) If you upgrade or downgrade your Services Subscription, we will automatically implement the revised Services Fees to take effect on the billing cycle immediately following the one in which you modified your Services Subscription. We will then automatically debit or charge your bank account or payment card for the revised Services Fees, as indicated above and you authorized us to do so.

16. ACCOUNT CANCELLATION AND TERMINATION.

  1. By Customer.

    (1) To cancel your Account, you must send a written cancellation request to help@buuteeq.com. Your Account will be considered cancelled only when you receive a confirmation of Account cancellation notice from help@buuteeq.com. It is your responsibility to make sure you receive this notice and to contact us if you do not. We will respond to your request for cancellation within 72 hours after receipt.

    (2) As indicated above, we will not refund any Service Fees for partial months, including as a result of Account cancellation. If your Account is not cancelled (i.e. you do not receive the above-referenced confirmation from us) by the last day of the applicable billing cycle, you will be charged for the full amount of Services Fees owed for that billing cycle, whether annually, monthly or some other period.

    (3) After you cancel your Account, any Customer Site(s) we may be hosting will be taken down and we will otherwise stop performing Services. However, you will still be able to access all of your Customer Content, which will be stored for thirty (30) days and then immediately deleted. Customer Content cannot be recovered after this period. Accordingly, you understand and agree that you are solely responsible for obtaining your Customer Content from the services after any Account cancellation.

  2. By buuteeq. As indicated in the Terms, we may terminate the Services, either with respect to you, for all Customers or for a subset of Customers, at any time and for any reason and in our sole discretion. If we do so, your Account will automatically be cancelled. In addition, we may cancel your Account and without prior notice to you (1) for your failure to pay Services Fees as described above; (2) if you breach any other terms of the Customer Agreement. If we cancel your Account because of your breach, you will remain liable for all amounts due hereunder.

17. RELATIONSHIP WITH END USERS

  1. End User Privacy.

    (1) Collection and Use of End User Data. In connection with your use of the Services, we may, depending on the Services you choose, collect certain End User Data, including Personal Information, on your behalf. We will use the Personal Information in any End User Data only as necessary to provide the Services in your Services Subscription (or the free Services we are providing) . This may include storage, modification, aggregation and analysis of such Personal Information. In addition, you acknowledge and agree that we may use all End User Data for our internal business purposes in any manner, provided such End User Data is modified and/or aggregated such that you or the individual End User are anonymous.

    (2) Your Obligations. You represent, warrant and covenant to us that you will (a) use the End User Data in accordance with all applicable Laws, including privacy, data protection and data security Laws, and (b) make available a privacy policy (“Privacy Policy”) to End Users via the Customer Site that is in compliance with all such applicable Laws. The Privacy Policy must, at a minimum, (c) describe in detail your practices related to the collection, use and sharing of End Users’ Personal Information and (d) disclose and notify End Users of our collection of and access to their Personal Information as a third party service provider to you. You agree that such Privacy Policy will be substantially similar to the sample Privacy Policy at http://www.buuteeq.com/Privacy-Policy and that the Privacy Policy will not substantially deviate therefrom.

  2. Independent Contractor. You acknowledge and agree that, regardless of what Services we provide, we are providing them as your independent contractor and not your agent or your legal partner. Any agreements or understandings you enter into with any third-party, including any End Users, are your sole and complete responsibility. We are not a party to these agreements, including reservations for stays, even if they are concluded via functionality we provide as part of the Services.