TERMS OF USE

 

The terms and conditions set forth below (the “Terms”) govern your use of this site on the World Wide Web and on our mobile application.  These Terms are a legal contract between you and HiveTracks, Inc. (“HiveTracks”, “We” OR “Us”) and govern your access to and use of the HiveTracks website located at www.hivetracks.com and your access to and use of the HiveTracks mobile application, together with the beekeeping recordkeeping services available through the website and the mobile application (the “Services”) (collectively, the HiveTracks website and mobile application and the Services will be known as the “Apps” in these Terms).  If you do not agree with any of these Terms, do not access or otherwise use the Apps or any information contained on the Apps. Your use of the Apps shall be deemed to be your agreement to abide by each of the Terms set forth below.  HiveTracks may make changes to the content and services offered in connection with the Apps at any time.  HiveTracks can change these Terms at any time, and if HiveTracks makes any changes to these Terms, we will post an updated Terms of Use Policy on the Apps. You are responsible for reviewing the Terms of Use on an ongoing basis to determine if you accept the changes.  If any change is unacceptable to you, you should cease using the Apps.  If you continue using the any of the Apps, you will be deemed to have accepted the change.

 

General Use Restrictions

 

Certain information, documents, products, and services provided on and through the Apps, including but not necessarily limited to content, logos, graphics, and images (together, the “Materials”) are the copyrighted and/or trademarked work of HiveTracks or HiveTracks’ contributors. Materials do not include Submissions (as defined below). HiveTracks grants you a limited, personal, non-exclusive, and non-transferable license to use, to display, and to make one copy of the Materials and to use the Services on the Apps solely for your personal beekeeping related business use or your internal business use. Except for the license set forth in the preceding sentence above, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, distribute, transmit, publish, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Materials in any manner, provided that (a) your computer may temporarily store copies of such Materials in RAM incidental to your accessing and viewing those Materials, (b) you may store files that are automatically cached by your Web browser for display enhancement purposes, and (c) if we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own use, provided you agree to be bound by any end user license agreement that we provide for such applications. This limited license terminates automatically, without notice to you, if you breach any of the Terms. Upon termination of this limited license, you agree to immediately destroy any downloaded or printed Materials. Except as stated herein, you acknowledge that you have no right, title or interest in or to the Apps or any Materials.

 

Linking to the Website and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part. Additionally, framing pages or parts of pages on the Apps and deep linking to pages in the Apps are prohibited.

The Apps may provide certain social media features that enable you to: (a) link from your own or certain third-party websites to certain content on the Apps; (b) send e-mails or other communications with certain content, or links to certain content, on the Apps; or (c) cause limited portions of content on the Apps to be displayed or appear to be displayed on your own or certain third-party websites.  You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.

 

About Children

The Apps are not intended for use by anyone under the age of 13 without the prior consent and ongoing supervision of a parent or guardian.  By using the Apps, you represent and warrant to HiveTracks that you meet the foregoing age requirement.  HiveTracks will not knowingly collect personally identifiable information via the Apps from visitors under the age of 13 and will take prompt steps to delete any such personally identifiable information if notified that any has been inadvertently collected.

Password Restricted Areas of the Apps

 

You may need a password to login to the Services and to use certain functions and areas within the Services. You are responsible for maintaining the confidentiality of your password and account and agree to notify HiveTracks if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. You are responsible for all activities that occur under your account. You agree to notify HiveTracks immediately of any unauthorized use of your account or any other breach of security in relation to the Apps known to you.

 

Privacy Policy

 

Your use of the Apps is governed by the HiveTracks Privacy Policy, which is available at hivetracks.com (the “Privacy Policy”).

 

Third Party Content

 

Certain information and other content that are not Submissions may be the material of third party licensors and suppliers to HiveTracks (“Third Party Content”). The Third Party Content is, in each case, the copyrighted and/or trademarked work of the creator/licensor. You agree to display the Third Party Content only on your personal computer solely for your personal use or your internal beekeeping business use. You acknowledge and agree that you have no right to download, cache, reproduce, modify, display (except as set forth in this paragraph), edit, alter or enhance any of the Third Party Content in any manner unless you have permission from the owner of the Third Party Content.

 

Links to Third Party Sites

 

The Apps may be linked to other sites that are not HiveTracks Apps. HiveTracks is providing these links to you only as a convenience, and HiveTracks is not responsible for such linked sites, including, without limitation, the content or links displayed on such sites.

 

Submissions

 

You acknowledge that you are responsible for the text, files, images, comments, auctioned works, or any other materials that you submit, post or otherwise make available on the Apps (each, a "Submission"), and that you, and not HiveTracks, have full responsibility for each such Submission you make, including, without limitation, its legality, accuracy, appropriateness, and trademark and copyright ownership. Notwithstanding the foregoing, any postings or offerings by you to evaluate or constitute feedback about the Services are not Submissions but are Evaluations as defined and subject to the terms set forth in the Feedback Section below. Unless otherwise explicitly stated or agreed by us in writing herein or in the HiveTracks Privacy Policy,  you agree that any Submission provided by you in connection with the Apps is non-proprietary and non-confidential and you are not permitted to unilaterally impose such limitations thereto.

 

Please note that, generally, Submissions will be accessible by other users of the Community Forums and/or Support Center on the Apps. Please be sure that any information you post on any Community Forums and/or Support Center areas of the Apps is information that you are comfortable with sharing with others. Except as expressly set forth below, you agree that HiveTracks, its successors, and assigns, are free to use a Submission on an unrestricted basis for any purpose and you grant HiveTracks a sub licensable, non-exclusive, fully-paid, and royalty-free, worldwide license (in any media, whether now known or not currently known or invented) to link to, use, publicly perform, publicly display, reproduce, distribute, modify, and prepare derivative works of the Submission. However, under the foregoing license, HiveTracks shall not have the right to sell ownership rights to your Submission. Additionally, HiveTracks agrees to use all of your Submissions in accordance with HiveTracks' Privacy Policy applicable to personally identifiable information.

 

You retain ownership of any copyrights or other intellectual property rights applicable to your submissions and your information and beekeeping data (collectively, “Data”). No one other than you has access to your Data unless you provide it to them. You further agree that you will not upload, post or otherwise make available on the Apps any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right, and the burden of determining whether any material is protected by any such right is on you. You hereby indemnify and hold HiveTracks harmless from damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from any Submission that you make. You represent and warrant that: (i) you own all Submissions and Data posted by you on or through the Apps or otherwise have the right to grant the licenses to HiveTracks set forth in this section, and (ii) the posting and input of your Submissions and Data on or through the Apps does not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, damages, and any other monies owing any person or entity by reason of any Submissions and/or Data posted by you to or through the Apps.

 

Prohibited Uses

 

You promise not to use the Apps for any purpose that is unlawful or prohibited by these Terms. You agree to abide by all applicable local, state, and national laws and regulations. When using the Apps, you agree not to upload any materials, reports, records or data or take any actions that are inappropriate or disruptive to the Apps. HiveTracks reserves the right to terminate your access to your account and your ability to upload content to the Services with or without cause and with or without notice, for any reason or no reason, or for any action that HiveTracks determines is inappropriate or disruptive to the Apps or to any other user of the Apps. HiveTracks may report to law enforcement authorities any actions that may be illegal and any reports it receives of such conduct. When legally required or at HiveTracks’ discretion, HiveTracks will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Apps or on the Internet. HiveTracks has no obligation to monitor, police or remove any information or Submissions submitted by you or any other user.

 

The following list of prohibitions provides examples and is not complete or exclusive:

 

  • Post off topic information or messages.

  • Use racially, ethnically, or otherwise offensive language.

  • Incite illegal or violent activity.

  • Use explicit/obscene language or solicit/upload sexually explicit images (actual or simulated).

  • Upload anything that exploits children or minors or that depicts cruelty to animals.

  • Upload any personal information that you do not have authority or permission to upload.

  • Upload any copyrighted or trademarked materials without the express permission from the owner.

  • Use any robot, spider, scraper or other automated means to access the Apps.

  • Take any action that imposes an unreasonable or disproportionately large load on our infrastructure.

 

Unauthorized Activities

 

Unauthorized use of any Materials, Submissions or Third Party Content contained on the Apps may violate certain laws and regulations. You agree to defend, indemnify, and hold harmless HiveTracks, its affiliates, and their employees, contractors, officers, directors, and representatives from all liabilities, claims, and expenses, including reasonable attorneys' fees, that arise from your (i) use or misuse of the Apps; (ii) your access to the Apps, your reports or records that you upload to the Services, your violation of these Terms; or (iii) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. HiveTracks reserves the right, but has no obligation, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with HiveTracks in asserting any available defenses.

 

Proprietary Rights

 

“Hive Tracks,” “HiveTracks,” the “HiveTracks” logo, and associated logos, designs, and images, the “Know Your Bees” slogan, “The Beekeeper’s Companion,” and “Bee Weather” are trademarks of HiveTracks. Other trademarks, service marks, names, and logos on the Apps are the property of their respective owners. You may not use any of these marks in any manner without HiveTrack’s prior express written permission. Unless otherwise specified in these Terms or noted on the Apps, all information and screens appearing on the Apps, including documents, services, site design, text, graphics, logos, images, designs, plans, drawings, graphics, video clips, audio clips, wallpaper, characters, artwork, sounds, information, software, data, icons, and other materials, and all HTML design, layouts, configurations, CGI, CAD, and other code and scripts in any format used to implement the Apps, as well as the arrangement thereof, are the sole property of HiveTracks, Copyright 2021 HiveTracks, Inc., and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Except as expressly provided herein, HiveTracks is not granting you a license under any copyright, trademark, service mark, patent, or other intellectual property or proprietary right in any Materials or Third Party Content, and nothing in these Terms will be interpreted as conferring by implication, estoppel, or otherwise any license or right under any patent, trademark, copyright, or other proprietary, intellectual, or other right of HiveTracks or any third party.  You obtain no rights in the products, designs, drawings, services, equipment, processes, or technology described on the Apps by accessing or using the Apps.  HiveTracks and any third party owners retain all of those rights. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the license or the express written consent of the copyright owner. 

 

Please note that HiveTracks will use your Data and your beekeeping records and information that you upload to the Apps only as necessary to provide the Services to you and other users, as appropriate, and as otherwise set forth in the Privacy Policy.  Only you have access to your Data, except that admin queries do access user’s Data (but not personally identifiable information), but only as aggregate “count” type queries with no identifying information.

 

Data owners/users of the Apps have control over the disposition of their Data, including the ability to delete, transfer, provide access to such Data, and revoke access to such Data.  Data can only be shared under conditions that limit or eliminate the ability to identify the individual or user associated with the Data, using the following steps:

    1. Your Data is anonymized; 

    2. Location Data is rounded to the nearest 3 km; and

    3. Enough users and their Data must be included in a geographic region to prevent easy identification of individuals such that there are multiple Data points for the area.

 

By sharing Data, users co-create and co-participate in the HiveTracks Mission: “We use bee data to empower communities of beekeepers to drive the sustainable development of local agri-food systems for biodiversity.”

 

Data are used to derive a number of values for the community of beekeepers, including:

    1. Advise/prescribe/predict best beekeeping practices for increased healthy bees;

    2. Facilitate the expansion of robust and sustainable value add markets for hive products, especially honey;

    3. Establish more efficient systems for interfacing with stakeholders such as governments, regulatory agencies, and service providers (such as insurance and financial institutions); and

    4. Create new markets for ecosystem services provided by beekeepers

 

Users will be recognized for their contributions to the HiveTracks community.

 

Copyright Infringements

 

HiveTracks respects the intellectual property rights of others and we ask you to do the same. HiveTracks may, in appropriate circumstances and at our discretion, terminate service and/or access to the Apps for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and appears on our Apps, please provide HiveTracks' designated agent the following information:

 

  • A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;

  • Identification of the copyrighted work(s) claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site;

  • Identification and location of the content of the site or app that contains the alleged infringing language or imagery that you are requesting be removed or to which you are requesting access be limited or disabled or to which access is to be disabled at the Apps;

  • Information reasonably sufficient to permit HiveTracks to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;

  • 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 and/or trademark owner, its agent, or the law; and

  • 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, and that you will indemnify HiveTracks from any claims or damages arising from any claim of infringement made pursuant hereto.

 

HiveTracks’ agent for notice of claims of copyright or trademark infringement on the Apps can be reached as follows:

 

By mail:

 

HiveTracks James T. Wilkes

489 Big Laurel Road, Creston, NC 28615

By e-mail: copyright@hivetracks.com

 

Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly, materially misrepresents that material or activity is infringing may be subject to liability.

 

Subscription Period, Fees, and New Features or Functionality

 

When you purchase a paid subscription to the Services, you are expressly agreeing that HiveTracks is permitted to bill you the applicable fees, any applicable tax, and any other charges you may incur with HiveTracks in connection with your use of the Services as set forth on the pricing page. You agree that the fees will be billed to the credit card or your PayPal account you provide in accordance with the billing terms in effect at the time a fee or charge is due and payable. If payment is not received or cannot be charged to your credit card or PayPal account for any reason in advance of the applicable subscription period, HiveTracks reserves the right to either suspend or terminate your access to the Services and terminate these Terms. All fees are non-refundable.

 

By using the Services, you consent to receiving electronic communications from HiveTracks. These electronic communications may include notices about applicable fees and charges, transactional information, and other information concerning or related to our Services. These electronic communications are part of your relationship with HiveTracks and you receive them as part of your subscription to the Services. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing, and you acknowledge that electronic communication (rather than by mail or other delivery means of communication) is an acceptable means of communication.

 

If you have purchased a paid subscription to the Services and/or the Apps, your subscription will automatically renew for additional, successive subscription periods equal in duration to the initial subscription period unless you have terminated your subscription prior to the next renewal period. You may terminate your subscription to the Services and the Apps at any time and you will not be obligated to pay any additional fees for upcoming subscription renewal periods, but any subscription fees you have paid in advance will not be refunded. You acknowledge and agree that HiveTracks will automatically charge your credit card or PayPal account on record with HiveTracks for the then- current subscription period upon the commencement of any renewal period.

 

HiveTracks may, in the future, offer new services and/or features through the Services and the Apps. Such new features and/or services shall be subject to these Terms. Your continued use of the Services and the Apps after the introduction of new features and/or services constitutes your acceptance of the Terms. Such new features and/or services may be offered free of charge or for a fee that you will be asked to pay in advance in order to use such new services.

 

Confidentiality

 

If you are a part of HiveTracks' feature testing team, you acknowledge that any new features, plans for development, and/or other information regarding the Services provided by HiveTracks (whether through emails and /or discussion in webinars, phone calls or otherwise) contain HiveTracks’ confidential trade secret information (“Confidential Information”). If applicable, as a part of HiveTracks' feature testing team, you:

 

  • will keep the Confidential Information in confidence;

  • may use the Confidential Information only in conjunction with your authorized use of the Services and the Apps;

  • will limit the disclosure of Confidential Information solely to those of your employees having a need-to-know; and

  • may disclose the Confidential Information only to the extent required by a court of law or government regulatory body, but first you will give HiveTracks prompt advance notice to allow HiveTracks reasonable opportunity to obtain a protective order against such disclosure.

 

HiveTracks will have all rights and remedies available to it at law or in equity for the protection of its rights hereunder, including an injunction enjoining the breach or threatened breach of this Section.

 

Disclaimer of Warranties

 

Your use of the Services and the Apps is at your own risk. Neither the Materials, Submissions, the Apps, nor the Third Party Content have been verified or authenticated in whole or in part by HiveTracks, and they may include inaccuracies and/or typographical or other errors. HiveTracks does not warrant the accuracy or timeliness of the Materials, Submissions, or the Third Party Content contained on the Apps. HiveTracks has no liability for any errors or omissions in the Materials, Submissions, and/or the Third Party Content. You are solely responsible for backing up your own records and HiveTracks does not represent or warrant that your records will be secure from loss or destruction. HiveTracks does not represent or warrant that the Services will be available on a continuous basis as there may be outages for maintenance and other circumstances beyond Hive Tracks' reasonable control.

 

HIVETRACKS, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THE APPS, THE SERVICES, ANY MATERIALS, SUBMISSIONS OR THIRD PARTY CONTENT, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THE APPS AND/OR THE RESULTS OBTAINED FROM THE USE OF THE APPS OR THE SERVICES, INCLUDING WITHOUT LIMITATION THE MATERIALS, SUBMISSIONS, AND THIRD PARTY CONTENT. WHILE IT IS HIVETRACKS’ HOPE TO PROVIDE USEFUL APPS, HIVETRACKS MAKES NO EXPRESS OR IMPLIED REPRESENTATION THAT THE USE OF THE APPS WILL RESULT IN IMPROVED RECORDKEEPING OR BEEKEEPING. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPS, THE SERVICES, MATERIALS, SUBMISSIONS, THIRD PARTY CONTENT, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THE APPS IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE,” AND “WHERE-IS” BASIS WITH NO IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. HIVETRACKS DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.

 

Limitation of Liability

 

HIVETRACKS SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIAL, SUBMISSIONS OR THIRD PARTY CONTENT TO OR FROM THE APPS OR RESULTING FROM YOUR USE OF THE APPS OR THE SERVICES. IN NO EVENT SHALL HIVETRACKS BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF HIVETRACKS KNOWS THERE IS A POSSIBILITY THAT A CLAIM FOR ANY SUCH DAMAGE MAY ARISE. IN NO EVENT WILL HIVETRACKS' AGGREGATE LIABILITY TO YOU EXCEED YOUR SUBSCRIPTION PAYMENTS FOR A SINGLE YEAR.

 

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE APPS OR YOUR PURCHASE AND USE OF ANY SERVICES OR PRODUCTS FROM THE APPS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

 

Feedback

 

At HiveTracks' request, or at any other time, you may provide HiveTracks with an evaluation of or feedback regarding the Services, including, but not limited to, a report of any errors which you have discovered in the Services or related documentation. Such reports, and any other materials, information, ideas, concepts, feedback, and know-how provided by you to HiveTracks concerning the Services (“Evaluations”) will be the property of HiveTracks. You agree to assign, and hereby assign, all right, title, and interest worldwide in the Evaluations and the related intellectual property rights to HiveTracks and agree to assist Hive Tracks, at HiveTracks’ expense, in perfecting and enforcing such rights.

 

Local Laws; Export Control

 

HiveTracks controls and operates the Apps from its headquarters in the United States of America, and the Apps, the Materials, Submissions, and/or Third Party Content may not be appropriate or available for use in other locations. If you use the Apps outside the United States of America, you are responsible for following applicable local laws in the location at which you are using the Apps, and HiveTracks makes no representations or warranties with respect to the use of the Apps outside the United States of America and specifically disclaims any warranties or liability for use of the Apps outside the United States of America.

 

General

 

HiveTracks may terminate and/or suspend your access to the Apps and/or your account with or without notice if you violate these Terms or during any Free Trial Period for any reason. If you wish to terminate your account, you may submit a termination request. Upon any termination of  your account, further access to your account and Data will not be possible; however, portions of your Data, consisting of aggregate data derived from your Data, may remain on our servers indefinitely. Such aggregate data will not in any way provide any personal information about you or reveal anything about your agricultural practices. Your Data may also remain on a backup server or media even after removal from our primary servers.

 

North Carolina law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Any disputes relating to these Terms or the Apps will be heard in the courts located in Watauga County, NC. If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. HiveTracks’ failure to enforce any of these Terms is not a waiver of such term. These Terms are the entire agreement between you and Hive Tracks and supersede all prior or contemporaneous negotiations, discussions or agreements between you and HiveTracks about the Services and the Apps. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability, and general provisions shall survive any termination of these Terms.

 

As used in these Terms:

 

  • Each of the words “and” and “or” should be interpreted so as to produce the broadest possible interpretation, both conjunctive and disjunctive;

  • The singular form of a noun or pronoun shall be considered to include within its meaning the plural form of the noun or pronoun so used, and vice versa; 

  • The use of any tense of any verb shall be considered to include also within its meaning all other tenses of the verb so used; and

  • Whenever the words “all,” “any,” or “each” are used herein, each of these words shall be construed to include each of the other words. 

 

Notices

If you have any questions regarding the Apps or these Terms, please contact us at:

HiveTracks, Inc.

489 Big Laurel Road

Creston, NC 28615

or email us at: info@hivetracks.com

 

Last updated: July 10, 2021