Conditions of Use

Last Updated: July 28, 2020

Welcome to StuffBee, LLC. StuffBee, LLC provide services within our mobile application. StuffBee, LLC provides the services subject to the following conditions.

By using the StuffBee, LLC mobile application, you agree to these conditions. Please read them carefully.

PRIVACY POLICY

Please review our Privacy Policy to understand our practices. This also governs your use of the StuffBee, LLC mobile application, to understand our practices.

ELECTRONIC COMMUNICATIONS

When you use the StuffBee, LLC mobile application, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT

All content included in or made available through the StuffBee, LLC mobile application, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of StuffBee, LLC or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any StuffBee, LLC is the exclusive property of StuffBee, LLC and protected by U.S. and international copyright laws.

TRADEMARKS

In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through the StuffBee, LLC mobile application are trademarks or trade dress of StuffBee, LLC in the U.S. and other countries. StuffBee, LLC's trademarks and trade dress may not be used in connection with any product or service that is not StuffBee, LLC's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits StuffBee, LLC. All other trademarks not owned by StuffBee, LLC that appear in the StuffBee, LLC mobile application are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by StuffBee, LLC.

PATENTS

One or more patents owned by StuffBee, LLC apply to the features and services accessible via the StuffBee, LLC mobile application. Portions of the StuffBee, LLC mobile application operate under license of one or more patents.

LICENSE AND ACCESS

Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, StuffBee, LLC or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the StuffBee, LLC mobile application. This license does not include any resale or commercial use of any StuffBee, LLC services, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the StuffBee, LLC mobile application or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by StuffBee, LLC or its licensors, suppliers, publishers, rightsholders, or other content providers. No portion of the StuffBee, LLC mobile application may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of StuffBee, LLC. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of StuffBee, LLC without express written consent. You may not use any meta tags or any other "hidden text" utilizing StuffBee, LLC's name or trademarks without the express written consent of StuffBee, LLC. You may not misuse the StuffBee, LLC mobile application. You may use the StuffBee, LLC mobile application only as permitted by law. The licenses granted by StuffBee, LLC terminate if you do not comply with these Conditions of Use or any Service Terms.

YOUR ACCOUNT

You may need your own StuffBee, LLC account to use certain features within the StuffBee, LLC mobile application, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. Visit the StuffBee, LLC mobile application to manage your payment options. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use the StuffBee, LLC mobile application only with involvement of a parent or guardian. StuffBee, LLC reserves the right to refuse service, terminate accounts, terminate your rights to use StuffBee, LLC mobile application, remove or edit content, or cancel orders in its sole discretion.

COMMUNICATIONS AND OTHER CONTENT

You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. StuffBee, LLC reserves the right (but not the obligation) to remove or edit such content but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant StuffBee, LLC a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant StuffBee, LLC and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify StuffBee, LLC for all claims resulting from content you supply. StuffBee, LLC has the right but not the obligation to monitor and edit or remove any activity or content. StuffBee, LLC takes no responsibility and assumes no liability for any content posted by you or any third party.

INTELLECTUAL PROPERTY COMPLAINTS

StuffBee, LLC respects the intellectual property of others. If you believe that your intellectual property rights are being infringed, please contact our corporate office.

RISK OF LOSS

All purchases of physical items from StuffBee, LLC are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

APP PERMISSIONS

When you use the StuffBee, LLC mobile application, you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

The Stuffbee, LLC mobile application and all information, content, materials, products and other services included on or otherwise made available to you through the Stuffbee, LLC mobile application are provided by Stuffbee, LLC on an “as is” and “as available” basis, unless otherwise specified in writing. Stuffbee, LLC makes no representations or warranties of any kind, express or implied, as to the operation of the Stuffbee, LLC mobile application, or the information, content, materials, products or other services included on or otherwise made available to you through the Stuffbee, LLC mobile application unless otherwise specified in writing. You expressly agree that your use of the Stuffbee, LLC mobile application is at your sole risk. To the full extent permissible by law, Stuffbee, LLC disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Stuffbee, LLC does not warrant that the information, content, materials, products or other services included on or made available to you through the Stuffbee, LLC mobile application. Stuffbee, LLC’s servers or electronic communications sent from Stuffbee, LLC are free of viruses or other harmful components. To the full extent permissible by law, Stuffbee, LLC will not be liable for any damages of any kind arising from the use of the Stuffbee, LLC mobile application or from any information, content, materials, products or other services included on or otherwise made available to you through the Stuffbee, LLC mobile application, including, nut not limited to direct, indirect, incidental, punitive and consequential damages, unless otherwise specified in writing.

DISPUTES

Any dispute or claim relating in any way to your use of the StuffBee, LLC mobile application, or to any products or services sold or distributed by StuffBee, LLC or through StuffBee, LLC will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the terms of these Conditions of Use as a court would. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, StuffBee, LLC will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

APPLICABLE LAW

By using the StuffBee, LLC mobile application, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Washington, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and StuffBee, LLC.

ADDITIONAL STUFFBEE, LLC SOFTWARE TERMS

The following terms (“Software Terms”) apply to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with StuffBee, LLC (the "StuffBee, LLC Software").

1. You may use the StuffBee, LLC software solely for purposes of enabling you to use the StuffBee, LLC mobile application and as provided by StuffBee, LLC, and as permitted by these Conditions of Use and any Service Terms. You may not incorporate any portion of the StuffBee, LLC software into other programs or compile any portion of it in combination with other programs, or otherwise copy (except to exercise rights granted in this section), modify, create derivative works of, distribute, assign any rights to, or license the StuffBee, LLC software in whole or in part. All software used in the StuffBee, LLC mobile application is the property of StuffBee, LLC or its software suppliers and is protected by United States and international copyright laws.

2. Use of Third-Party Services. When you use the StuffBee, LLC software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile software provider. Your use of these third-party services may be subject to the separate policies, terms of use, and fees of these third parties.

3. No Reverse Engineering. You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the StuffBee, LLC software, whether in whole or in part.

4. Updates. We may offer automatic or manual updates to the StuffBee, LLC software at any time and without notice to you.

5. Government End Users. If you are a U.S. Government end user, we are licensing the StuffBee, LLC software to you as a "Commercial Item" as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the StuffBee, LLC software are the same as the rights we grant to all others under these Conditions of Use.

6. Conflicts. In the event of any conflict between these Conditions of Use and any other StuffBee, LLC or third-party terms applicable to any portion of the StuffBee, LLC mobile application, such as open-source license terms, such other terms will control as to that portion of the StuffBee, LLC Software and to the extent of the conflict.