TERMS OF USE
Last Modified January 1st, 2020
Welcome to FirstChoice Bee!
This site has been developed to make it easier for you to connect with local beekeepers and bee removers, in addition to obtaining information on things related to honeybees, bee removal, and may contain limited information on other flying stinging critters.
1. Accepting the Terms
In order to use the Services, you must first accept the Terms. You may not use the Services if you do not agree to the Terms. You can accept any additional Terms on the website by clicking to accept or agree to the Terms, where this option is made available to you, or by actually using the Services. In this case, you understand and agree that by using the Services you acceptance these Terms of Use.
Collectively, this legal agreement is also referred to as the “Terms”. You may not use the Services or accept the Terms if you are not of legal age to form a binding contract with FirstChoice, or if you are barred from receiving the Services or working in this trade under the laws of the United States or other countries including the country in which you are resident or from which you use the Services.
These Terms of Use are a legally binding agreement between you and beesrgone.com, “FirstChoice” in relation to your use of the Services. It is important that you take the time to read them carefully. Before you continue, you should print off or save a local copy of the Terms for your records.
2 Changes to These Terms of Use
We may modify the Terms occasionally, when changes are made, we will notify you by making the
revised version available in the Associate login area of the website, and will indicate at the top of the Terms of Use page the date that revisions were last made. You should review the Terms on a regular basis to keep yourself up to date of any changes. Any such modification will be effective upon our posting of new Terms. You understand and agree that your continued access to or use of the Service after any posted modification to the Terms of Use indicates your acceptance of the Terms.
3 Website Reference Errors
If in these Terms of Use, you are referenced to a page on the FirstChoice website that doesn’t exist, seems inaccurate, or you simply cannot find the page in reference, you agree that this does not remove you from liability of the Term or Terms. In addition you agree to use this Feedback or Contact link to report any such matters.
4. Using the Service
Your use of beesrgone.com “FirstChoice” web sites, mobile applications, message boards, service requests, other online forms, and any additional Services, (referred to collectively as the “Service” or “Services” in this document is subject to the terms of a legal agreement between you and FirstChoice. “FirstChoice” means beesrgon.com, whose mailing address is 5260 Haverhill Ct. Grand Blanc, Mi 48439 United States. This document explains how the agreement is made up, and sets out some of the terms of that agreement.
5. Privacy Policy
5.1. This privacy notice discloses the practices for FirstChoice. Your privacy matters to FirstChoice. Information we collect on this site is designed to improve user experience. This Privacy Statement applies to the online collection of personal information through websites and mobile applications operated by FirstChoice or affiliated companies and subsidiaries. This Statement does not apply to information collected in any other way, including offline.
5.2. To obtain information or use FirstChoice Services, FirstChoice may request and/or collect personal information that may include without limitation, your first and last name, home address, phone number, email address, in addition to comments and feedback.
5.3. By entering Personal Information on the Site, you consent to our use of the Personal Information for purposes related to the Services offered and/or provided on or in connection with the Site. Without limiting the foregoing, by giving us Personal Information you are giving us and third parties engaged by us permission to contact you and/or send you promotional and/or other marketing information about services and offerings. We will not sell, share, rent or lease this information to others in ways different from those disclosed in the Privacy Policy.
5.4. We will not sell, rent, or lease your user data to others, and we will not make your personal information available to any unaffiliated parties, except as listed in the complete privacy policy. For complete information about our privacy practices, go to the privacy policy page.
6. Bee Removal or Beekeeping Companies
6.1 Any actual physical service provided by a beekeeper, bee removal company, or beekeeping company is separate from the FirstChoice Website. Physical Service Companies, whether or not they contain the name FirstChoice in there company name, are separate from the Website and are not beesrgone.com (FirstChoice Bee), but are individually or privately owned. These Physical Service Companies will be here after referred to “Bee Companies” or “Bee Company”.
6.2 By your use of this Websites Services, you agree to comply with the terms of use and to indemnify and hold harmless beesrgone.com, its site owner and its volunteers for any liability arising from injury, or accident or harm to you and to third parties resulting from the use of the Service, as well as for any loss or damage to property to you or to third parties resulting from any use of our Service, including but not limited to information you obtain by asking questions, reading previously asked questions, follow-up answers, FAQs, using our message boards, or reading our articles, calling a Bee Company and requesting any type of service from a Bee Company.
6.3 Although we may take certain steps to examine the credentials of any listed Bee Company and contacts, we make no guarantees or representations regarding the skills or the quality of the job that he or she may perform for you if you elect to retain their bee-services. beesrgone.com (FirstChoice) does not warrant or guarantee any discounts or pricing that a Bee Company may offer you. Any quotes provided by the Bee Companies via the FirstChoice website are not contractually binding offers, are for informational purposes only, and cannot be accepted on or via the FirstChoice website.
6.3 No contractual arrangement is created based upon any quotes provided to you from Bee Companies (or your scheduling of an appointment with a that Company or individual via the beesrgone.com’s website. To contract with a local Bee Company or Beekeeper on the FirstChoice website, you must work directly with that physical service Company. FirstChoice does not endorse or back the Bee Company or Any company providing a physical service, except for assisting in a limited complaint resolution and by grading the company based on reviews and other means. It is entirely up to you to enter into a direct contract or otherwise reach agreement with a Bee Company, and we do not guarantee or warrant their performance on the job or the outcome or quality of physical bee-services performed or goods provided.
6.4 The local Bee Companies are not employees or contractors of beesrgone.com (FirstChoice) and FirstChoice is not a contractor of the local Bee Companies or Beekeepers. FirstChoice does not perform, and is not responsible for, any of the physical bee-services or goods requested by you in your service request or by calling the Bee Company through the numbers listed. Your rights under contracts you enter into with the Bee Companies are governed by the terms of such contracts and by applicable federal, state, provincial and local laws.
7. Limited Complaint Resolution
While we cannot guarantee the performance, quality, of consistency of a service provided by a listed Bee Company, and you agree that we have no obligation to you with regard to your relationship with the Bee Company, we do however have a Limited Resolution Procedure, This Limited Complaint Resolution is aimed to assist you in resolving any workmanship or other problems that may have arisen in the course of a bee removal or beekeeping service which may be the fault of a Bee Company who you found through the FirstChoice Services.
Though we are not obligated, we may provide limited assistance in resolving disputes between you and your Bee Company or Beekeeper. You must participate and use good faith efforts to resolve problems through the Limited Complaint Resolution. You agree that by Using the Service, FirstChoice may terminate such Resolution procedure and choose not to participate or assist with possible closure for any reason. This limited complaint service in no way nullifies the indemnity Terms in this agreement.
8. Information Provided to FirstChoice
Upon using the FirstChoice Services, information you submit may be sent to Bee Companies who will need this information to respond to you or to other persons or entities. By providing this information to us, by posting or by submitting a service request, you expressly consent to being contacted by these Bee Companies via phone, fax, email, mail or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable “Do Not Call” list, in order that we may provide the Services set forth on our site, to service your account, to reasonably address matters pertaining to your account or for other purposes reasonably related to your service request and our business, including marketing related emails. You agree that by completing a service request or calling a Bee Company you are entering into a business relationship with the Bee Company and thus agree to be contacted by that Bee Company. You promise that all information you provide will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or FirstChoice or the Bee Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, FirstChoice or the Bee Company has the right to refuse any current or future use of the FirstChoice Services (or any portion thereof) by you.
9. Third Party Links
The Services may include links to other websites or applications (each, a “Third Party Site”). We do not control or endorse any Third Party Site. You agree that we are not responsible for the availability or contents of such Third Party Sites. Your use of Third Party Sites is at your own risk.
The linked sites are not under the control of FirstChoice and FirstChoice is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. FirstChoice is not responsible for webcasting or any other form of transmission received from any linked site. FirstChoice is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by FirstChoice of the site.
You acknowledge and agree that FirstChoice is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
You acknowledge and agree that FirstChoice is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources
10. Cookies
This Site may use cookies or other IP address devises to provide you with a customized experience to your location or recognizing you when you return. A cookie is a small computer file that is stored on a user’s computer and contains information that this Site uses. Personal Information that is contained in cookies will be protected to the same degree as any other Personal Information that we collect about you. While you may delete or decline cookies by changing your browser settings, some or all of the features of the Site may not function properly.
11. Posting Content
You alone are responsible for your Content, and once published, it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone’s reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed FirstChoice.
We may use Your Content by displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms (“Other Media”). As such, you hereby irrevocably grant us world-wide, non-exclusive, royalty-free, sub-licensable, transferable rights to use Your Content for any purpose. You also irrevocably grant the users of the Service and any Other Media the right to access Your Content in connection with their use of the Service and any Other Media. Finally, you irrevocably waive, and cause to be waived, against FirstChoice and its users any claims and assertions of moral rights or attribution with respect to Your Content. By “use” we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of Your Content.
We reserve the right to remove, screen, edit, or reinstate User Content from time to time at our sole discretion and without notice to you. We have no obligation to retain or provide you with copies of Your Content, nor do we guarantee any confidentiality with respect to Your Content.
12. Feedback Suggestions Improvements
By sending us any ideas, suggestions, documents or proposals (“Feedback”), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, publish, distribute and sublicense the Feedback.
13. Proprietary Rights
The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of FirstChoice. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of FirstChoice, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce,
duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service
Although FirstChoice does not claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to FirstChoice an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting content to any public area of the Service, you automatically grant FirstChoice all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose.
14. INDEMNITY
Any actual service provided by you is separate from FirstChoice. You agree that by your use of this websites Services, you agree to comply with the Terms Of Use and to indemnify and hold harmless FirstChoice, its site owner and its volunteers for any liability arising from any injury including death, decapitation, dismemberment or defenestration to you and to third parties resulting from the use of the Service, including but not limited to information you obtain by asking questions, reading previously asked questions, follow-up answers, FAQs, using our message boards, or reading our articles, calling a customer, calling FirstChoice, and receiving any type of Service or Content from, on, or off the FirstChoice website.
If you have a dispute with a Bee Company listed on FirstChoice Website, you must address such dispute with the Bee Company directly, AND YOU HEREBY AGREE TO RELEASE FIRSTCHOICE (AND OUR OFFICERS, DIRECTORS, AFFILIATES, EMPLOYEES AND AGENTS) AND ANY OTHER PERSON, FIRM, OR ENTITY (INCLUDING OUR BUSINESS PARTNERS SUCH AS A PRODUCT MANUFACTURER OR SUPPLIER WHO MAY EMPLOY THE FIRSTCHOICE MODEL) FROM ANY DAMAGES OR CLAIMS (INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES) OF EVERY KIND OR NATURE, SUSPECTED AND UNSUSPECTED, KNOWN AND UNKNOWN, AND DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES AND YOUR DEALINGS WITH A LOCAL BEE COMPANY.
15. EXCLUSION OF WARRANTIES
1. NOTHING IN THE TERMS, (INCLUDING THIS SECTION 15 AND SECTION 16 BELOW) SHALL EXCLUDE OR LIMIT FIRSTCHOICES’ WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
2. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
3. IN PARTICULAR, FIRSTCHOICE, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
(A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
(B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND
(D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
4. ANY CALLS MADE, SERVICES, OR GOODS REQUESTED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO ALL PROPERTY OR LOSS OF DATA THAT RESULTS FROM THE OBTAINED MATERIAL.
5 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FIRSTCHOICE OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
6 FIRSTCHOICE FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
16. LIMITATION OF LIABILITY
SUBJECT TO OVERALL PROVISION IN PARAGRAPH 1 OF THE ABOVE SECTION, YOU EXPRESSLY UNDERSTAND AND AGREE THAT BEESRGONE.COM (FIRSTCHOICE) SHALL NOT BE LIABLE TO YOU FOR:
(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY.. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
(I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY SERVICES, ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;
(II) ANY CHANGES WHICH FIRSTCHOICE MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
(III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
(IV) YOUR FAILURE TO PROVIDE FIRSTCHOICE WITH ACCURATE ACCOUNT INFORMATION;
(V) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
THE LIMITATIONS ON FIRSTCHOICE ’S LIABILITY TO YOU IN SECTION 16 ABOVE, SHALL APPLY WHETHER OR NOT FIRSTCHOICE HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
UNDER NO CIRCUMSTANCES SHALL FIRSTCHOICE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, RESULTING FROM ANY ASPECT OF YOUR USE OF THE WEBSITE INCLUDING BUT NOT LIMITED TO DAMAGES THAT ARISE FROM YOUR INABILITY TO USE THE WEBSITE OR THE SERVICE, OR THE INTERRUPTION, MODIFICATION, OR TERMINATION OF THE WEBSITE OR ANY SERVICE OR PART THEREOF.
17. Conduct
19.1 You may not use the Services in any manner that could damage, disable, overburden, or impair any server, or the network(s) FirstChoice server. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any FirstChoice server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.
19.2 Your use of the Service is at your own risk, including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.
19.3 Unless you receive explicit permission, you agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any aspect of the Website. Any business that registers with a listing or purchases advertising or any other service (“Customer”) has the right and permission to manage their listing or purchased advertising or other service to their commercial benefit so long as the codes of conduct above are not violated. You agree not to post any text, files, images, video, audio, or other materials or use the Website in any way that:
Is inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
Infringes any patent, trademark, trade secret, copyright, or proprietary rights of any party (or by rights of privacy or publicity) unless you have received necessary consent to control or own the rights.
Create a false identity for the purpose of misleading others.
Employs misleading or false information.
Violate any applicable laws or regulations: state, federal, or other.
Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs or code that is harmful to other computers that may damage the operation of another’s computer or property of another.
Disrupts the normal dialogue of users of the Website.
Violates any C. threatens, harasses, or is libelous.
Is harmful to minors.
Harvest or otherwise collect information about others, including e-mail addresses.
Contains self-benefiting advertising or marketing in public areas of the Website that have not been paid for and are not designated for the addition of promotional content.
Restrict or inhibit any other user from using and enjoying the Services.
General legal terms 18-21
18. Entire Agreement
This contract contains the entire legal agreement and understanding and between you and FirstChoice and govern your use of the Services, and completely replace any prior agreements between you FirstChoice. With respect to the matters that are included in this agreement, and no representations, promises, agreements or understandings, written or oral, not herein contained shall be of any force or effect.
19. Reasonableness of Terms
A. You agree that if FirstChoice does not exercise or enforce any legal right or remedy which is contained in the Terms (or which FirstChoice has the benefit of under any applicable law), this will not be taken to be a formal waiver of FirstChoice rights and that those rights or remedies will still be available to FirstChoice. You have carefully read and considered the provisions of this agreement and, having done so, agree that the Terms set forth therein are fair and reasonable and are reasonably required for the protection of the interests of FirstChoice, its officers, members, and other Associates.
B. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of the Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
20. Governing Law
The Terms, and your relationship with FirstChoice under the Terms, shall be governed by the laws of the State of California without regard to its conflict of law’s provisions. You and FirstChoice agree to submit to the exclusive jurisdiction of the courts located within the county of Genesee, Michigan to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that FirstChoice shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
21. Headings
The headings, section numbers, and paragraph numbering used herein are for the convenience of the parties only and shall not be used to define, enlarge or limit any term of this agreement.
22. Feedback
We welcome your questions and comments on this document.
More information
Further information about FirstChoice Bee is available here.
For information about our privacy practices, go to the privacy policy. If you have additional questions, please contact us any time. Or write to us at:
5260 Haverhill Ct.
Grand Blanc, MI 48439 (USA)