Terms of Service

The effective date of these buuteeq, Inc. Terms of Service of buuteeq, Inc., a Delaware corporation ("buuteeq"), is January 1, 2011.

1. ACCEPTANCE OF TERMS

Thank you for using buuteeq's innovative platform for your hotel's digital marketing. buuteeq provides the buuteeq service to you, subject to acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies, and procedures that may be published from time to time on www.buuteeq.com or any other websites launched by buuteeq (collectively, the "buuteeq Site") by buuteeq (collectively, these "Terms").

IF YOU DO NOT AGREE TO ALL OF THESE TERMS, THEN DO NOT ACCESS THE BUUTEEQ SITE OR USE THE SERVICE (AS DEFINED BELOW). BY VIEWING OR USING ALL OR ANY PART OF THE SERVICE OR THE BUUTEEQ SITE, OR DOWNLOADING ANY MATERIALS OR BY COMPLETING ANY REGISTRATION PROCESS, YOU AGREE TO BE BOUND BY ALL OF THESE TERMS.

We reserve the right to modify these Terms at any time by posting a notice on the buuteeq Site, or by sending you a notice via email or postal mail. Your viewing or using all or any part of the Service or the buuteeq Site constitutes your assent to such modifications. You shall be responsible for reviewing and becoming familiar with any such modifications. Such modifications are effective immediately upon first posting or notification.

2. PURCHASED SERVICES

buuteeq provides users with access to a rich collection of digital marketing resources, including without limitation online reservation system integrated with your hotel's website, easy-to-build-and-manage website, mobile services, social media marketing services, etc. (collectively, the "Service"). The Services are offered in the product and price bundles set forth on buuteeq Site (as updated from time to time) and incorporated by reference into this Agreement. Unless explicitly stated otherwise, any new features that enhance the current Service shall be subject to these Terms. In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.

For purposes of these Terms, the term "hotel or customer" means a hotel user of the buuteeq platform or the buuteeq Site. For purposes of these Terms, the term "guest" means a potential or actual guest of the hotel that uses the buuteeq platform or buuteeq Site. Subject to these Terms, buuteeq hereby grants to you and you hereby accept from buuteeq, a non-exclusive, revocable, and nontransferable license to access and use the Services via the Internet. The license granted in these Terms is conditioned upon your strict compliance with these Terms: (a) you may use the Services for your own internal purposes only and not for outsourcing; (b) you will not (i) permit any third party to use the Services, or (ii) use the Services for commercial time sharing; (c) you will not create derivative works based on the Services or cause or permit others to do so; (d) you will not modify, reverse Starterer, translate, disassemble, or decompile the Services, or cause or permit others to do so, and: (e) you will not remove any title, trademark, copyright and/or restricted rights notices or labels on the Services or documentation. buuteeq hereby reserves all rights in and to the Services not expressly granted in these Terms. When you use the Services, you agree that buuteeq may exclude from your hotel site any content or link that buuteeq determines to be inappropriate, confusing to guests, or inconsistent with the desired look and feel of your hotel's site. Subject to the restrictions on use and on posting set forth in this Agreement, you may: use the buuteeq Site to solicit reviews from, and share reviews with other guests; search the buuteeq database for reviews and business contact information; forward reviews to people you know, whether or not they are existing buuteeq users; invite people you know to join buuteeq; and download or copy the portions of the information, data, text, sound, photographs, graphics, video, messages, and other materials available via the Service, and other items displayed on the buuteeq Site ("Content"), for your own use. You may not copy or distribute any portion of the buuteeq Site and/or the Service for any purpose not authorized above without the express written permission of buuteeq. buuteeq does not control the Content posted by third parties via the Service, including the content of any messages or reviews, and does not guarantee the accuracy, integrity or quality of such Content.

YOU UNDERSTAND THAT BY USING THE SERVICE YOU MAY BE EXPOSED TO CONTENT THAT IS OFFENSIVE, INDECENT OR OBJECTIONABLE. UNDER NO CIRCUMSTANCES WILL BUUTEEQ BE LIABLE IN ANY WAY FOR ANY CONTENT, INCLUDING ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT. YOU ARE RESPONSIBLE FOR COMPLYING WITH ALL LAWS APPLICABLE TO THE CONTENT YOU SUBMIT VIA THE SERVICE. YOU AGREE THAT YOU MUST EVALUATE AND BEAR ALL RISKS ASSOCIATED WITH THE USE OF ANY CONTENT, INCLUDING ANY RELIANCE ON THE CONTENT, INTEGRITY, AND ACCURACY OF SUCH CONTENT.

buuteeq reserves all rights with respect to the Service and the buuteeq Site not expressly specified herein. You must be 18 years of age or over, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, to register as a member of buuteeq or use the buuteeq Site and the Service. If you are under the age of 18 or the applicable legal age in your jurisdiction, you can use the Service only in conjunction with, and under the supervision of, your parent or guardian who has agreed to the Terms. If you do not so qualify, do not use the Service or the buuteeq Site. Membership in the Service is void where prohibited by applicable law, and the right to access the buuteeq Site is revoked in such jurisdictions. You must be 13 years of age or older to access the buuteeq Site, in compliance with the Children's Online Privacy Protection Act (COPPA). By using the buuteeq Site and/or the Service, you represent and warrant that you have the right, authority, and capacity to enter into these Terms and to abide by all of the terms and conditions set forth herein. The buuteeq Site is administered in the US and intended for US users; any use outside of the US is at the user's own risk and users are responsible for compliance with any local laws applicable to their use of the Service or the buuteeq Site.

3. TRIAL SERVICES

We will make one or more Services available to You on a trial basis free of charge until the earlier of (a) the end of the free trial period for which you registered or are registering to use the applicable Service or (b) the start date of any Purchased Services ordered by You. Additional trial terms and conditions may appear on the trial registration web page. Any such additional terms and conditions are incorporated into this Agreement by reference and are legally binding.

ANY DATA YOU ENTER INTO THE SERVICES, AND ANY CUSTOMIZATIONS MADE TO THE SERVICES BY OR FOR YOU, DURING YOUR FREE TRIAL WILL BE PERMANENTLY LOST UNLESS YOU PURCHASE A SUBSCRIPTION TO THE SAME SERVICES AS THOSE COVERED BY THE TRIAL, PURCHASE UPGRADED SERVICES, OR EXPORT SUCH DATA, BEFORE THE END OF THE TRIAL PERIOD. YOU CANNOT TRANSFER DATA ENTERED OR CUSTOMIZATIONS MADE DURING THE FREE TRIAL TO A SERVICE THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE TRIAL (E.G., FROM ULTRA EDITION TO PRO EDITION OR FROM PRO EDITION TO CORE EDITION); THEREFORE, IF YOU PURCHASE A SERVICE THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE TRIAL, YOU MUST RETRIEVE YOUR DATA BEFORE THE END OF THE TRIAL PERIOD OR YOUR DATA WILL BE PERMANENTLY LOST.

NOTWITHSTANDING SECTION 9 (WARRANTIES & DISCLAIMERS), DURING THE FREE TRIAL THE SERVICES ARE PROVIDED "AS-IS" WITHOUT ANY WARRANTY.

Please review the User Guide during the trial period so that You become familiar with the features and functions of the Services before You make Your purchase.

4. USE OF SERVICES

You understand that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from which such Content originated. This means that you, and not buuteeq, are entirely responsible for all Content that you upload, post, or otherwise transmit via the Service. This also means that you are entirely responsible for, among other things, (a) ensuring that you have all obtained all necessary legal rights to upload, post, or otherwise transmit Content via the Service (and to grant buuteeq the license to such Content set forth in Section 7 below), and (b) that any Content that you upload, post, or otherwise transmit via the Service complies in all respects with the Terms. buuteeq does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity, or quality of such Content, including but not limited to business endorsements and commentary. You understand that by using the Service, you may be exposed to Content that is offensive, indecent, or objectionable.

In your use of the Service or the buuteeq Site, you agree not to:

Upload, post, or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
Harm minors in any way, or seek or recommend providers of material that exploits people under the age of 18 in a sexual or violent manner, or seek or recommend providers that solicit personal information from anyone under 18;
Post information that is pornographic or sexually explicit in nature;
Post false or intentionally misleading information;
Provide any posted Content that falsely expresses or implies that such Content or material is sponsored or endorsed by buuteeq;
Provide any posted Content that is unlawful or that promotes or encourages illegal activity;
Impersonate any person or entity, including, but not limited to, a buuteeq official, forum leader, guide, or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service or develop restricted or password-only access pages, or hidden pages or images (those not linked to from another accessible page);
Upload, post, or otherwise transmit any Content that you do not have a legal right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
Upload, post, or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, trade secret, or other proprietary rights of any party, or remove any copyright, trademark, or other proprietary rights notice contained in the buuteeq Site, the Service, or in any Content;
Upload, post, or otherwise transmit any material that contains software viruses, worms, defects, Trojan Horses or any other computer code, files, or programs of a destructive nature designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
Interfere with or disrupt the Service or the buuteeq Site or servers or networks connected to the Service, use any device, software, or routine that interferes with the proper working of the Service or the buuteeq Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service;
Intentionally or unintentionally violate any applicable local, state, national, international law, or any regulations having the force of law;
"Stalk" or otherwise harass another user, guest, hotel, or merchant;
Collect, harvest, or store personal data about users, or members for any reason other than to solicit and share reviews or to gain more information about a customer for the sole purpose of delivering your hotel services they have requested;
Use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the buuteeq Site and/or Service;
Create or submit unwanted email or messaging ("Spam") to any other buuteeq user or otherwise interfere with the enjoyment of other Members or Users of the buuteeq Site or the Service;
Modify, adapt, sublicense, translate, sell, decompile, disassemble, or reverse Starterer any portion of the buuteeq Site and/or the Service;
Access, retrieve, or index any portion of the buuteeq Site and/or Service for purposes of constructing or populating a searchable database of business reviews;
Reformat or frame any portion of the web pages that are part of the buuteeq Site and/or Service;
Create user accounts by automated means or under false or fraudulent pretenses;
Use of the buuteeq Site or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material, or take any action that imposes or may impose, in buuteeq's sole discretion, an unreasonable or disproportionately large load on buuteeq's IT infrastructure; or
Copy or store any Content offered on the buuteeq Site for other than your own use;

You understand and agree that buuteeq may review and delete any business listings (including business name, address, phone, fax, distance, reviews, rating) or other posted Content that in the sole judgment of buuteeq violates these Terms or which might be offensive, illegal, or that might violate the rights of, harm, or threaten the safety of other users or members of the buuteeq Site and/or other website users. You are solely responsible for your ratings and reviews of businesses listed on buuteeq. buuteeq reserves the right, but has no obligation, to monitor disputes between you and any entity which you have reviewed.

In addition, you agree that all hyperlinks and other offers comprising the Service (e.g., hyperlinks provided in connection with buuteeq's RSS feeds) may not be modified from the original form in which such hyperlinks and other offers are generally made available by buuteeq.

In consideration of use of the Service and the buuteeq Site, you agree to: (a) provide true, accurate, current, and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data"), and (b) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. 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 Service (or any portion thereof). Additionally, you agree that if you provide false information to obtain access to a buuteeq business site that you are not legally entitled to claim, buuteeq will be entitled to collect liquidated damages of $1,000 USD per violation or actual damages incurred by buuteeq from you. You understand and agree that the Service may include certain communications from buuteeq, such as service announcements, administrative messages, and the buuteeq Newsletter, and that these communications are considered part of buuteeq membership and (except as prohibited by applicable law) you will not be able to opt out of receiving them.

You agree that all technology owned by buuteeq, Content and materials, in each case delivered via the Service or otherwise made available by buuteeq (as well as all data generated from the buuteeq site or from your hotel site) are owned by buuteeq and protected by copyrights, trademarks, service marks, patents, trade secrets, license rights, or other proprietary rights and laws. Your hotel site is owned by buuteeq. The text and Content that you provide buuteeq for posting on your hotel site is your property. Except as expressly authorized by buuteeq in writing, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or Content. However, you may print or download a reasonable number of copies of the materials or Content at the buuteeq Site for your internal business purposes; provided, however, that you retain all copyright and other proprietary notices contained therein. Systematic retrieval of data or other Content from the buuteeq Site to create or compile, directly or indirectly, a collection, database or directory without written permission from buuteeq is prohibited. Any third party that contacts our users for commercial reasons, including to sell them products or services, is in violation of these terms and each individual violation is subject to $3,000 USD in penalties per instance.

Reproducing, copying, or distributing any Content, materials, or design elements on the buuteeq Site 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. You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. buuteeq grants you a personal, non-transferable, and non-exclusive right and license to use the object code of its Software on a single computer; provided, however, that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse Starterer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by buuteeq for use in accessing the Service. buuteeq hereby reserves all rights not otherwise expressly granted in this Section 16.

5. PROMOTION PRICING

If you as a merchant use the promotional pricing feature to provide consumers with deals through the buuteeq Site and platform, you represent and warrant to buuteeq that you have authority to offer such a deal and promise to honor the terms of that deal as they are presented to the consumer through the buuteeq Site and platform. Without limitation of other representations, warrants, and indemnities elsewhere within these Terms, you specifically agree to indemnify buuteeq against any claims by users of the service that the terms of a coupon or other offered deal were not honored.

6. FEES & PAYMENTS FOR PURCHASED SERVICES

Payment, refunds, upgrading and downgrading plans; Restrictions

All subscriptions will be paid in U.S. dollars.
A valid credit card or upfront annual payment is required for paying accounts. Free accounts are not required to provide a credit card number.
If you are a hotel and sign up for the Paid product, and you don't cancel that account within thirty (30) days, you will be billed monthly starting on the thirtieth (30th) day after your account was initially created. If you cancel prior to the processing of your first invoice on the thirtieth (30th) day, you will not be charged.
Individuals are only eligible for one (1) 30-day free-trial, if offered.
The Paid product may be billed in two ways: 1) Advance payment on an annual basis for the first year and thereafter billing on an annual or monthly basis; 2) Monthly payments fulfilled each month over the term of the service. Payment is only refundable for annual up-front payments on a pro-rata basis with credit for time of non-usage of the buuteeq service. There will be no refunds or credits for partial months of service, or upgrade/downgrade refunds. In order to treat everyone equally, no exceptions will be made.
All Paid product (as described on the buuteeq site) 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, excluding only United States (federal or state) taxes.
For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
Downgrading your plan may cause the loss of Content, features, or capacity of your account. buuteeq, Inc. does not accept any liability for such loss.
You must be 18 years old to open an account.
You must be a human to open an account. Accounts registered by "bots" or other automated methods are prohibited.
All use of Starter and paid product (as described on the buuteeq site) accounts and Starter and Paid product (as described on the buuteeq site) accounts are subject to these Terms.

Cancellation and termination

You are solely responsible for properly canceling your account.
You must send a request to cancel your account to: accounts@buuteeq.com
Your cancellation request is only officially fulfilled once you have received a confirmation notice of account cancellation from accounts@buuteeq.com
All of your Starter andPaid product (as described on the buuteeq site) Content will be stored for up to one hundred eighty days and then immediately deleted from the Service upon cancellation. This information cannot be recovered once your account is cancelled and the one hundred eighty (180)-day deadline has passed.
If you cancel the Starter andPaid product (as described on the buuteeq site) before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
buuteeq, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other buuteeq service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your account or your access to your account, and the forfeiture and relinquishment of all Content in your account. buuteeq reserves the right to refuse service to anyone for any reason at any time.

Modifications to the service and prices

buuteeq reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Starter, Paid product (as described on the buuteeq site), the Service (or any part thereof) with or without notice.
Prices of the Starter, Paid product (as described on the buuteeq site) are subject to change upon thirty (30) daysnotice from us. Such notice may be provided at any time by posting the changes to the buuteeq Site or the Service itself.
buuteeq shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Starter, Paid product (as described on the buuteeq site), or the Service.

You agree that buuteeq may, in its sole discretion and without notice, terminate your password, your use of the Service, the buuteeq Site or use of any other aspect of the Service, and remove and discard any Content within the Service or the buuteeq Site, for any reason, including, without limitation, for lack of use or if buuteeq believes that you have violated or acted inconsistently with the letter or spirit of these Terms. buuteeq may also, in its sole discretion and at any time, discontinue providing or modify the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of these Terms may be effected without prior notice, and you acknowledge and agree that buuteeq may immediately deactivate or delete your pages on the buuteeq Site and all related information and files in your pages on the buuteeq Site and/or bar any further access to such files or the Service. Further, you agree that buuteeq shall not be liable to you or any third-party for any modification of the Service termination of your access to the Service.
All payments will be made in U.S. dollars. Whenever you enter into a payments transaction on the buuteeq Site, you agree to provide buuteeq with accurate, complete, and current credit card information for a credit card that you are authorized to use. You agree that all transactions are non-cancelable and non-refundable except as expressly set forth below in this Section 9.

7. PROPRIETARY RIGHTS

buuteeq does not claim ownership of the Content you place on your buuteeq Site. By uploading, submitting or otherwise disclosing or distributing content of any kind on the buuteeq Site or otherwise through the Service, you:

Grant to buuteeq, its affiliates and their assignees the perpetual, irrevocable, fully assignable, non-exclusive, royalty-free right to use, reproduce, display, perform, adapt, modify, distribute, make derivative works of, and otherwise exploit such Content in any form for the purpose of providing the Services, including without limitation, any concepts, ideas, or know-how embodied therein;
Represent and warrant to buuteeq that you own or otherwise control all rights to such Content (including the ability to grant buuteeq this license) and that disclosure and use of such Content by buuteeq (including without limitation, publishing Content at the buuteeq website) will not infringe or violate the rights of any third party; and
Acknowledge that the Content may not be treated confidentially.

You agree not to provide buuteeq with any confidential or proprietary information that you desire or are required to keep secret.

You acknowledge that buuteeq does not pre-screen Content, but that buuteeq and its designees shall have the right (but not the obligation) in their sole discretion to remove or block access to any Content that is available via the Service. Without limiting the foregoing, buuteeq and its designees shall have the right to remove any Content that violates these Terms or is otherwise objectionable (in buuteeq's sole discretion). You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

8. CONFIDENTIALITY

For information regarding how we treat personal information of our users, please see buuteeq's current, full privacy policy at http://www.buuteeq.com/Privacy%20Policy.php, which is incorporated in its entirety into these Terms by this reference.

9. WARRANTIES & DISCLAIMERS

You expressly understand and agree that:

Your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. Buuteeq expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
buuteeq makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the software will be corrected.
Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
No advice or information, whether oral or written, obtained by you from buuteeq or through or from the service shall create any warranty not expressly stated in the terms.

Readers are advised that buuteeq does not warrant the services provided by any service provider listed on the buuteeq site. It is up to the parties involved to choose the provider best suited for each customer. Buuteeq is not involved in the selection process.

YOU SHOULD VERIFY ALL CLAIMS AND DO YOUR OWN RESEARCH BEFORE CHOOSING A SERVICE FROM A PROVIDER IN BUUTEEQ'S NEWSLETTER OR THE BUUTEEQ SITE.

10. LIMITATION OF LIABILITY

In no event shall buuteeq (or its affiliates, licensors, or suppliers) be liable concerning the subject matter of these terms, regardless of the form of any claim or action (whether in contract, negligence, strict liability, or otherwise), for any (a) matter beyond its reasonable control, (b) loss or inaccuracy of data, loss, or interruption of use, or cost of procuring substitute technology, goods or services, (c) direct or indirect, punitive, incidental, reliance, special, exemplary, or consequential damages including, but not limited to, loss of business, revenues, profits, or goodwill, or (d) amounts in the aggregate greater than ten dollars ($10), even if buuteeq has been advised of the possibility of such damages. These limitations are independent from all other provisions of this agreement and shall apply notwithstanding the failure of any remedy provided herein.

We do not conduct background checks or otherwise screen the members registering to the service in any way. As a result, we will not be liable for any damages, direct, indirect, incidental, and/or consequential, arising out of or in connection with the use of this service, including, without limitation, damages arising out of communicating and/or meeting with other members of the service, or individuals introduced to you via the service. Such damages include, without limitation, physical damages, bodily injury, and or emotional distress and discomfort. Users assume all risk of such damages, if any, that occur as a result of such damages meeting with other members of the service or the buuteeq site or individuals introduced to you via the service or the buuteeq site for any reason, including, but not limited to weather, condition of premises, negligent, grossly negligent, reckless, or intentional acts or omissions of members of the service, individuals introduced to you via the service or the buuteeq site, or other third parties.

You agree to indemnify and hold buuteeq, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of (a) Content posted, uploaded, or otherwise transferred by you, (b) your use of the Service, (c) your connection to the Service, (d) your violation of these Terms, or (d) your violation of any rights of another.

11. COPYRIGHT DISPUTE POLICY

buuteeq has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act or DMCA (posted at: http://www.lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of buuteeq's Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") is provided at the bottom of this section.

buuteeq Policy
It is buuteeq's policy to (i) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, Content providers, members or users; and (ii) remove and discontinue service to repeat offenders.
Procedure for Reporting Copyright Infringements
If you believe that material or Content residing on or accessible through the buuteeq Site or Service infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below ("Proper Bona Fide Infringement Notification"):

A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
Identification of works or materials being infringed;
Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that buuteeq is capable of finding and verifying its existence;
Contact information about the notifier including address, telephone number and, if available, email address;
A statement that the notifier has a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and
6. A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.

Upon Receipt of a Bona Fide Infringement Notification
Once Proper Bona Fide Infringement Notification is received by the Designated Agent, it is buuteeq's policy:

to remove or disable access to the infringing material;
to notify the Content provider, member or user that it has removed or disabled access to the material; and
that for repeat offenders, buuteeq will also terminate such Content provider's, member's or user's access to the service.

Procedure to Supply a Counter-Notice to the Designated Agent If the Content provider, member or user believes that the material that was removed or to which access was disabled is either not infringing, or the Content provider, member or user believes that it has the right to post and use such material from the copyright owner, the copyright owner's agent, or pursuant to the law, the Content provider, member or user must send a counter-notice containing the following information to the Designated Agent listed below:

Identification of the material that has been removed or to which access to has been disabled and the location at which the material appeared before it was removed or disabled;
A statement that the Content provider, member or user has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and
The Content provider's, member's or user's name, address, telephone number, and, if available, email address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the Content provider's, member's or user's address is located, or if the Content provider's, member's or user's address is located outside the United States, for any judicial district in which buuteeq is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.

Removal
If a counter-notice is received by the Designated Agent, buuteeq may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed material may be replaced or access to it restored in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at buuteeq's discretion.
Address for Designated Agent. Please contact buuteeq's Designated Agent to Receive Notification of Claimed Infringement at the following address:

12. GENERAL PROVISIONS

These Terms (and the documents incorporated by reference herein) constitute the entire agreement between you and buuteeq and govern your use of the Service, superseding any prior agreements between you and buuteeq (including, but not limited to, any prior versions of these Terms). These Terms and the Service contemplated hereunder are personal to you, and are not assignable, transferable or sublicensable by you except with buuteeq's prior written consent. buuteeq may assign, transfer, or delegate any of its rights and obligations hereunder without your consent. You also may be subject to additional terms and conditions that may apply when you use affiliate or other buuteeq services, third-party Content or third-party software. These Terms and the relationship between you and buuteeq shall be governed by the laws of the State of Washington without regard to its conflict of law provisions. You and buuteeq agree to submit to the personal and exclusive jurisdiction of the courts located within Seattle, Washington. The failure of buuteeq to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms are for convenience only and have no legal or contractual effect.

ADVERTISEMENTS, SURVEYS, MARKETING COMMUNICATIONS, ETC.

buuteeq runs advertisements, promotions, surveys, case studies, press releases, and other marketing communications on the buuteeq Site. By creating your pages on the buuteeq Site, you agree that buuteeq has the right to run such advertisements and promotions. The manner, mode and extent of advertising by buuteeq on your buuteeq Site are subject to change in the sole discretion of buuteeq.

COUPONS, DEALS, AND PROMOTIONS

Your correspondence or business dealings with, or participation in promotions of, merchants or advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such merchant or advertiser. YOU AGREE THAT BUUTEEQ WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS ON THE SERVICE.

LINKS

The Service and the buuteeq Site may provide, or third parties may provide, links to other World Wide Web sites or resources. Because buuteeq has no control over such sites 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 sites or resources. YOU FURTHER ACKNOWLEDGE AND AGREE THAT BUUTEEQ 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 SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH SITE OR RESOURCE.

VENUE ONLY

If you enter into correspondence or engage in commercial transactions with third parties in connection with your use of the buuteeq Service, such activity is solely between you and the applicable third party. buuteeq shall have no liability, obligation or responsibility for any such activity. You hereby release buuteeq from all claims arising from such activity.

TRADEMARKS AND COPYRIGHTS

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. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.

MANDATORY ARBITRATION

ANY CLAIM, CONTROVERSY OR DISPUTE OF ANY KIND BETWEEN THE USER AND BUUTEEQ AND/OR ANY OF ITS EMPLOYEES, AGENTS, AFFILIATES, OR OTHER REPRESENTATIVES, WHETHER SOUNDING IN CONTRACT, STATUTE OR TORT, INCLUDING FRAUD, MISREPRESENTATION, FRAUDULENT INDUCEMENT, OR ANY OTHER LEGAL OR EQUITABLE THEORY AND REGARDLESS OF THE DATE OF ACCRUAL OF SUCH CLAIM, CONTROVERSY, OR DISPUTE SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION AS PRESCRIBED IN THIS SECTION. THE FEDERAL ARBITRATION ACT, NOT STATE LAW, GOVERNS THE QUESTION OF WHETHER A CLAIM IS SUBJECT TO ARBITRATION. HOWEVER, NOTHING CONTAINED IN THIS ARBITRATION PROVISION SHALL PRECLUDE THE CUSTOMER FROM RESOLVING ANY CLAIM, CONTROVERSY OR DISPUTE IN SMALL CLAIMS COURT HE OR SHE WOULD OTHERWISE WOULD HAVE A RIGHT TO PURSUE.

A single arbitrator engaged in the practice of law will conduct the arbitration. The arbitrator will be selected in accordance to the rules of JAMS or may be selected by agreement of the parties, who shall cooperate in good faith to select the arbitrator. The arbitration will be conducted by, and under the then applicable rules of the JAMS. Any required hearing fees and costs shall be paid by the parties as required by applicable rules or as required by applicable law, but the arbitrator shall have the power to apportion such costs as the arbitrator deems appropriate.

THE ARBITRATOR'S DECISION AND AWARD WILL BE FINAL AND BINDING, AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT WITH JURISDICTION. TO ENFORCE THE ARBITRATION AWARD, THE PREVAILING PARTY IN THE ARBITRATION SHALL BE ENTITLED TO INJUNCTIVE RELIEF IN ANY COURT OF COMPETENT JURISDICTION.

If any party files a judicial or administrative action asserting a claim that is subject to arbitration and another party successfully stays such action or compels arbitration, the party filing that action must pay the other party's costs and expenses incurred in seeking such stay or compelling arbitration, including attorney fees.

THIS AGREEMENT IS GOVERNED BY AND MUST BE CONSTRUED UNDER THE LAWS OF THE STATE OF WASHINGTON, WITHOUT REGARD TO CHOICE OF LAW PRINCIPLES AND YOU AGREE TO SUBMIT YOURSELF TO THE PERSONAL JURISDICTION OF THE COURTS IN THE STATE OF WASHINGTON.

BREACH OF TERMS OF SERVICE

By using the buuteeq Site and the Service, you agree that damages shall be an inadequate remedy in the event you breach these Terms and any such breach will cause buuteeq great and irreparable injury and damage. Accordingly, you agree that buuteeq shall be entitled, without waiving any additional rights or remedies otherwise available to buuteeq at law or in equity or by statute, to injunctive relief in the event of a breach or intended or threatened breach by you.

VIOLATIONS

Please report any violations of the Terms to us at info@buuteeq.com

13. NOTICE

Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the Terms or other matters by displaying notices or links to notices to you generally on the buuteeq Site.