Terms of Service
These terms of service, along with our Privacy Policy constitute an agreement (the “Agreement”) between You and Shea Consulting LLC, its subsidiaries, affiliates and licensors ( “We,” “Us,” “Becky Shea Design,” “Becky Shea” or “Beckyshea.com”).
Please read these Terms carefully before using Beckyshea.com. By clicking the "Submit" button or by using the Becky Shea site, software or services ("Services"), You are agreeing to comply with and be bound by these Terms on Your behalf and, if applicable, on behalf of Your organization.
If you are using any Becky Shea Services on behalf of an organization or business, you are promising that you have the authority to bind that organization or business. When you use Becky Shea Services on behalf of that organization or company, the term "You" refers to the organization or business.
You may use these services only in compliance with the Terms. Any other use is not authorized. The Services may change over time as we improve our Services. We may stop, suspend, or modify the Services at any time without prior notice to You. We may also remove any content from our Services at our discretion.
If You do not agree to these Terms, then please do not click the button indicating Your acceptance and do not use the Services.
1. YOUR ACCOUNT AND SECURITY
You do not need to register with Becky Shea to use the Services. However, if You register, You will be asked to create an account (Your "Account"). You agree to provide Becky Shea with accurate and complete information when You create Your Account ("Account Information"). You also agree to update Your Account Information promptly should Your information change.
When You create Your Account, You will be asked to choose a username and password. You will use this username and password to access the Services and any data associated with your Account or that You store with Becky Shea (Your "Data").
We want your account to be as safe as possible. You are solely responsible for protecting the privacy and security of Your username and password, including not giving your username and password to any third party. You are responsible for any activity using Your account, whether You authorized that activity or not. If You lose Your username or password, You may not be able to access Your Account or any of Your Data.
If Becky Shea determines that there has been a breach of Your Account security, to protect You and your Data, Becky Shea reserves the right to suspend Your account and require You to create a new username and password. Becky Shea is not liable for any loss or damage arising from any access to or sharing and use of Your Account. You agree that You will immediately notify Becky Shea at Notify Us. if Your account is accessed or used without Your authorization, or if You have reason to believe that Your account, username or password has been compromised.
2. LICENSE
Becky Shea or third parties own all right, title and interest in and to the Services and any software or documentation used therein. This includes all rights, title and interest in any intellectual property rights. The only licenses granted are those set forth in these Terms. Becky Shea and its licensors retain all other rights in the Services, and no other licenses to You are implied by these terms.
3. YOUR USE OF THE SERVICES
In order to make the use of Services the best experience it can be, and protect all our users, You agree that You will not do any of the following when using the Services:
harm, disrupt or interfere with the operation of the Services, computer system or network;
provide false information about Your identity or pretend to be another user in order to gain access to any Account, computers or networks related to the Services, without authorization;
attempt to interfere with any authorized use of the Services;
use the Services to store, backup or distribute any illegal files or data;
sublicense, lease, rent, loan, transfer or distribute any portion of the Services;
use the Services to store, backup or distribute material that contains viruses, Trojan horses, worms, corrupted files, spyware, malware or any other similar software that may damage the operation of the Services or another person's computer or property;
probe, scan, or test the vulnerability of any system or network, including that of the Services;
breach or otherwise circumvent any security or authentication measures, including those of the Services;
access, tamper with, or use areas of the Service or Accounts that You are not authorized to use;
interfere with or disrupt any user, host, or network, for example by sending a virus, overloading, flooding, spamming, or mail-bombing any part of the Services;
access or search the Services by any means other than the publicly supported interfaces (for example, "scraping");
send unsolicited communications, spam, or any altered, deceptive or false source-identifying information (including "spoofing" or "phishing");
impersonate or misrepresent your affiliation with any person or entity;
publish or share materials that are unlawfully pornographic or indecent, or that violate the law of any relevant jurisdiction; or
alter, modify or attempt to circumvent any disabling or security mechanisms that may be included in the Services.
Becky Shea may immediately terminate Your Account should it discover that You or someone using Your account has engaged in any of the prohibited activity listed above.
4. YOUR DATA
You are solely responsible for maintaining and protecting Your Data. Becky Shea shall not be liable for any loss or corruption of Your Data, or for any costs or expenses associated with backing up or restoring any of Your Data.
5. DATA SHARING
The Becky Shea Services allow You to share Your Data with others. By doing so, You are enabling others to copy, distribute, make public, modify, delete or otherwise misuse Your Data, among other things. Additionally, if You choose to provide access to Your Data to another person, that person may provide unauthorized access to others. You agree that Becky Shea has no responsibility for anything that any person with whom You share Your Data does with Your Data, including making it available to others.
6. INTELLECTUAL PROPERTY PROTECTION
Becky Shea respects the intellectual property rights of others. We expect that You will also respect those rights. You may not use the Services to upload, store, share, display, post, e-mail, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity.
Becky Shea also asks that You please respect its intellectual property rights. To that end, You agree not to remove, obscure, or alter any trademark, copyright or other proprietary rights notices displayed in the Services, software or on the Becky Shea website. You agree not to modify, adapt, translate or create derivative works from the Services. You agree not to decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Services. Becky Shea may terminate Your Account and access to the Services for violations of this provision.
7. COMPLIANCE WITH APPLICABLE LAWS
You are responsible for ensuring that Your use of the Services is in compliance with all applicable foreign, federal, state and local laws, rules and regulations.
8. USER INDEMNITY
You agree to defend, indemnify, and hold Becky Shea, its suppliers, resellers, partners and their respective affiliates harmless from and against any claims, liabilities, damages, losses and expenses, including reasonable attorney fees and costs, in connection with:
Your use of the Products;
Your violation of these Terms;
Your violation of any third party right, including any intellectual property right;
Your violation of the law of any relevant jurisdiction;
or any claim that use of Your data caused damage to a third party.
This indemnity obligation will survive the termination or expiration of Your account and these Terms.
9. TERM & TERMINATION
You can terminate at any time, for any reason, by canceling Your Account and ceasing to use the Services, per the instructions on the Becky Shea website, though, of course, we will be sad to see you go. Becky Shea also reserves the right to terminate a free account at any time or for any violation of these Terms.
Your paid account will renew automatically for the same term, unless You notify us 15 (fifteen) days prior to your renewal date that you would like to modify or cancel your account. Payments are due upon account activation and subsequent renewal dates. Unused service will not be refunded. Upgrades, renewal amounts, and any applicable taxes will be charged to the credit card or payment method on file. Becky Shea may terminate any paid account if You stop paying subscription fees, if You do not renew Your subscription upon its expiry, or for any violation of these Terms.
10. CHANGES TO THE SERVICE & TERMS
Becky Shea may permanently or temporarily stop providing, or may modify the Services, any feature included in the Services, or the availability of the Services on any particular device, at any time and without notice to You. Becky Shea may immediately terminate any Account should a third party make an intellectual property infringement claim relating to the Services. While not obligated to do so, Becky Shea will try to communicate any such actions to You by either sending You an e-mail or by posting relevant information to the Becky Shea website. If the Services or these Terms are modified, Your continued use of the Services will constitute Your acceptance of the Service modifications and Your Agreement to be bound by the modified Terms. The current Terms will always be posted on our website. To stay informed of any changes, please review the most current version of these Terms at Terms and Conditions. Your license to use the Services depends upon Your Agreement to be bound by these Terms and any modification to these Terms. If You do not agree to be bound by these Terms, You may not use the Services.
11. DISCLAIMER OF WARRANTIES
YOU AGREE THAT YOUR USE OF THE PRODUCTS IS AT YOUR SOLE RISK, AND THE PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BECKY SHEA.COM, ITS SUPPLIERS, RESELLERS, PARTNERS AND THEIR RESPECTIVE AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN PARTICULAR, BECKY SHEA.COM, ITS SUPPLIERS, RESELLERS, PARTNERS AND THEIR RESPECTIVE AFFILIATES MAKE NO WARRANTY THAT (A) THE PRODUCTS WILL MEET YOUR REQUIREMENTS; (B) YOUR USE OF THE PRODUCTS WILL BE TIMELY, UNINTERRUPTED, SECURE OR ERROR-FREE; (C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE PRODUCTS WILL BE ACCURATE OR RELIABLE; AND (D) ANY DEFECTS OR ERRORS IN THE PRODUCTS WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE PRODUCTS ARE NOT INTENDED OR SUITABLE FOR USE IN APPLICATIONS THAT COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
12. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL SHEA CONSULTING LLC, BECKY SHEA DESIGN, OR ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT BECKY SHEA.COM HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES SHALL BE NO MORE THAN THE GREATER OF $20 OR THE AMOUNTS PAID BY YOU TO BECKY SHEA.COM FOR THE MOST RECENT THREE-MONTH PERIOD FOR THE SERVICES IN QUESTION.
13. REPEAT INFRINGER POLICY
In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, Becky Shea has adopted a policy of terminating, in appropriate circumstances and in Becky Shea’s sole discretion, users who are deemed to be repeat infringers. Becky Shea may also, in its sole discretion, limit access to the Site and/or terminate the Account of any user who infringes any intellectual property rights of others, whether or not there is any repeat infringement.
14. COPYRIGHT COMPLAINTS
If you believe anything on the Site infringes upon any copyright which you own or control, you may file a notification of such infringement. Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
15. TRADEMARKS
“Shea Consulting LLC,” “Becky Shea Design,” the Shea logos and any other Becky Shea product or service name, logo or slogan contained in the Site are trademarks or service marks of Becky Shea (the “Becky Shea Marks”) and may not be copied, imitated or used, in whole or in part, except as expressly permitted in these Terms or on the Site or with the prior written permission of Becky Shea . You may not use any metatags or any other “hidden text” utilizing any Becky Shea Marks without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Becky Shea and is part of the Becky Shea Marks and may not be copied, imitated or used, in whole or in part, without our prior written permission except as expressly permitted herein or on the Site. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the written permission of the applicable trademark holder. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
16. HYPERLINKS
You are granted a limited, non-exclusive right to create a text hyperlink to the Site, provided such link does not portray Becky Shea or any of our Site in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use any Becky Shea Marks or other proprietary graphic of Becky Shea to link to the Site without the express written permission of Becky Shea . Further, you may not use, frame or utilize framing techniques to enclose any Becky Shea trademark, logo or other proprietary information, including the images found on the Site, the content of any text or the layout/design of any page or form contained on a page of the Site without Becky Shea’s express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or other proprietary right of Becky Shea or any third party.
17. THIRD PARTY CONTENT
Becky Shea and its users may provide third party content on the Site and may provide links to web pages and content that are not owned or controlled by Becky Shea, including but not limited to Becky Shea Technology and any third party advertisements or promotions (collectively the “Third Party Content”) as a service to those interested in this information. Becky Shea does not control, endorse or adopt any Third Party Content and makes no representation or warranties of any kind regarding the Third Party Content, including without limitation regarding its accuracy or completeness. You acknowledge and agree that Becky Shea is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review any Third Party Content. Users use such Third Party Content contained therein at their own risk. Your business dealings or correspondence with, or participation in promotions of, any third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third parties. Becky Shea is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such Third Party Content on the Site.
18. FEEDBACK
You acknowledge and agree that any materials, including but not limited to questions, comments, feedback, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, regarding Becky Shea or the Site (collectively, “Feedback”) that are provided by you, whether by email, posting to the Site or otherwise, are non-confidential and will become the sole property of Becky Shea. Becky Shea will own exclusive rights, including all intellectual property rights, and will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
19. MODIFICATIONS TO THE SITE
Becky Shea reserves the right to modify or discontinue, temporarily or permanently, the Site or any features or portions thereof without prior notice. You agree that Becky Shea will not be liable for any modification, suspension or discontinuance of the Site or any part thereof.
20. APPLICABLE LAW AND VENUE
These Terms and your use of the Site will be governed by and construed in accordance with the laws of New York, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms not subject to arbitration (as set forth below), will be filed only in the state and federal courts located in New York County, New York and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms.
21. TERMINATION AND SUSPENSION
Notwithstanding any of these Terms, Becky Shea reserves the right, without notice and in its sole discretion, to terminate or suspend your right to use the Site, and to block or prevent your future access to, and use of, the Site.
22. SURVIVAL
Sections 15 (Trademarks), 17 (Third Party Content), 8 (Indemnification), 11 (Disclaimer of Warranties), 12 (Limitation on Liability), 20 (Applicable Law), this Section 22 (Survival) and Section 23 (Severability) will survive any termination or expiration of these Terms.
23. SEVERABILITY
If any provision of these Terms is deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.
24. MISCELLANEOUS LEGAL TERMS
These Terms constitute the entire and exclusive Agreement between You and Becky Shea with respect to the Services, and supersede and replace any other agreements, terms and conditions applicable to the Services. These Terms create no third party beneficiary rights. Becky Shea's failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable the remaining provisions of the Agreement will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of Your rights in these Terms, and any such attempt is void, but Becky Shea may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services. Becky Shea and You are not legal partners or agents; instead, our relationship is that of independent contractors.
25. QUESTIONS & CONTACT INFORMATION
Questions or comments about the Site or these Terms may be directed to Becky Shea by emailing hello@beckyshea.com
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These Terms were last modified on September 18, 2018