Beeline Community Terms and Conditions

Effective Date: February 9th, 2024

IMPORTANT - PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING BEELINE COMMUNITY. Beeline, on behalf of itself and its subsidiaries and affiliates ("Beeline"), provides certain features and functionality to accompany its’ platform services, (“Platform Enhancements”) and may elect to also provide online community resources, such as online message boards, newsgroups, chat rooms, Wikis, blogs and/or other interactive forums or sources of information, (“Elective Content”), that can be accessed and contributed to by certain registered users of Beeline products and services. Platform Enhancements and Elective Content are collectively ("Community"). This Community provides opportunities to interact with your peers in order to share knowledge, news, and information about Beeline and its products and services. BEELINE COMMUNITY IS NOT A PART OF ANY PRODUCTS OR SERVICES PROVIDED BY BEELINE. Your participation in the Community is governed by these Beeline Community Terms and Conditions (“Terms”) and Beeline’s Community Privacy Notice including all disclaimers of liability included therein. Beeline reserves the right to modify or update these Terms at any time in its discretion. Your continued participation in the Community serves as your agreement to such modified or updated Terms. BY INDICATING YOUR ACCEPTANCE OF THESE TERMS OR PARTICIPATING IN ANY PART OF THE COMMUNITY, YOU REPRESENT AND WARRANT THAT YOU: (I) ARE AUTHORIZED TO SIGN FOR, ACCEPT, AND BIND YOURSELF AND ANY OTHER PARTY ON WHOSE BEHALF YOU PLAN TO USE THE COMMUNITY; AND (II) AGREE TO BE BOUND BY THESE TERMS.

Ownership

Proprietary Rights. All Platform Enhancements and User Content are owned and provided by Beeline. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), content, products, software, services, and all other elements of the Community provided by Beeline (“Materials”) are protected by intellectual property and other laws. All Materials of the Community are the property of Beeline or its third-party licensors. Except as expressly authorized by Beeline in writing, you may not make use of the Materials. There are no implied licenses in these Terms and Beeline reserves all rights to the Materials not granted expressly in these Terms.

User Content

Certain features of the Community may permit users to submit, upload, publish, broadcast, transmit or otherwise make available (“Post”) content to or through Community, including messages, reviews, photos, video or audio (including sound or voice recordings and musical recordings embodied in the video or audio), images, folders, data, text, and any other works of authorship or other works (“User Content”). You or your employer as a Beeline customer, retain any copyright and other proprietary rights that you may hold in the User Content that you Post to the Community, subject to the licenses granted in these Terms.

By Posting User Content to or via the Community, you grant Beeline a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, fully paid right and license (with the right to sublicense through multiple tiers) to host, store, transfer, publicly display, publicly perform (including by means of a digital audio transmission), communicate to the public, reproduce, modify for the purpose of formatting for display, create derivative works as authorized in these Terms, and distribute your User Content, in whole or in part, in any media formats and through any media channels, in each instance whether now known or hereafter developed. You agree to pay all monies owing to any person or entity resulting from Posting your User Content and from Beeline’s exercise of the license set forth in this section.

When posting a photograph or image within the Community, it is important to ensure that you have the right to do so and that you do not violate any copyright or other laws, such as those related to pornography. We strictly prohibit the posting of any illegal content, including but not limited to pornography, hate speech, and any other material that is offensive or violates any laws or regulations (“Illegal Content”). Beeline does not take liability for any posting, but we do reserve the right to investigate and take action, such as shutting down your access, or reporting Illegal Content to law enforcement, if we find that you have violated someone’s copyright or posted, transmitted or otherwise made available Illegal Content, in connection with the Community.

You must not post User Content if you are not the owner of or are not fully authorized to grant rights in all of the elements of that User Content, including in all ambient music and underlying musical works embodied in any sound recording. Beeline disclaims any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Community. By providing User Content via the Community, you affirm, represent, and warrant to us that: (i) you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize Beeline and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by Beeline, the Community, and these Terms; (ii) your User Content, and the Posting or other use of your User Content as contemplated by these Terms, does not and will not: (a) infringe, violate, misappropriate, or otherwise breach any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property, contract, or proprietary right; (b) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (c) cause Beeline to violate any law or regulation or require us to obtain any further licenses from or pay any royalties, fees, compensation or other amounts or provide any attribution to any third parties; (d) your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, bullying, threatening, embarrassing, hateful, or otherwise inappropriate; and (e) your User Content does not contain any personal information that would be considered sensitive in nature such as financial or protected health information or any information that is banned or otherwise prohibited by any sanctions, embargoes or other legal restrictions.

USER CONTENT DISCALIMER. WE ARE UNDER NO OBLIGATION TO EDIT OR CONTROL USER CONTENT THAT YOU OR OTHER USERS POST AND WILL NOT BE IN ANY WAY RESPONSIBLE OR LIABLE FOR USER CONTENT. BEELINE MAY, HOWEVER, AT ANY TIME AND WITHOUT PRIOR NOTICE, SCREEN, REMOVE, EDIT, OR BLOCK ANY USER CONTENT THAT IN OUR SOLE JUDGMENT VIOLATES THESE TERMS, IS ALLEGED TO VIOLATE THE RIGHTS OF THIRD PARTIES, OR IS OTHERWISE OBJECTIONABLE. YOU UNDERSTAND THAT, WHEN USING THE COMMUNITY, YOU WILL BE EXPOSED TO USER CONTENT FROM A VARIETY OF SOURCES AND ACKNOWLEDGE THAT USER CONTENT MAY BE INACCURATE, OFFENSIVE, INDECENT, OBJECTIONABLE, OR INSUFFICIENT FOR A PARTICULAR PURPOSE. YOU AGREE TO WAIVE, AND DO WAIVE, ANY LEGAL OR EQUITABLE RIGHT OR REMEDY YOU HAVE OR MAY HAVE AGAINST BEELINE WITH RESPECT TO USER CONTENT. IF NOTIFIED BY A USER OR CONTENT OWNER THAT USER CONTENT ALLEGEDLY DOES NOT CONFORM TO THESE TERMS, WE MAY INVESTIGATE THE ALLEGATION AND DETERMINE IN OUR SOLE DISCRETION WHETHER TO REMOVE THE USER CONTENT, WHICH WE RESERVE THE RIGHT TO DO AT ANY TIME AND WITHOUT NOTICE. FOR CLARITY, BEELINE DOES NOT PERMIT INFRINGING ACTIVITIES WITHIN THE COMMUNITY.

Beeline does not control and does not have any obligation to monitor: (i) User Content; (ii) any content made available by third parties; or (iii) the use of the Community by its users. You acknowledge and agree that Beeline reserves the right to, and may from time to time, monitor any and all information (including User Content) transmitted or received through the Community for operational and other purposes. If at any time Beeline chooses to monitor the information or User Content, then Beeline still assumes no responsibility or liability for content or any loss or damage incurred as a result of the use of User Content. During monitoring, information may be examined, recorded, copied, and used in accordance with our Community Privacy Notice (defined below). Beeline may block, filter, mute, remove or disable access to any User Content uploaded to or transmitted through the Community without Beeline having any liability to the user who Posted such User Content within the Community or to any other users of the Community.

Rules of Conduct

The purpose of the Community is to voluntarily exchange information about Beeline and its products and services. You expressly agree not to use any part of the Community to:

• post content that is unlawful, malicious, misleading, defamatory, harmful, threatening, abusive, harassing, vulgar, obscene, libelous, objectionable, inappropriate, improper, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
• impersonate any person or entity, including, but not limited to, Beeline or a Beeline employee, or falsely state or otherwise misrepresent your affiliation with any person, group, or entity;
• forge headers or otherwise manipulate identifiers in order to disguise the origin of any content submitted to any part of the Community;
• post any content that you do not have a right to make available 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);
• post any content that infringes or misappropriates any patent, trademark, trade secret, copyright, or other proprietary rights or rights of publicity or privacy rights of any third party including Beeline;
• post any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
• access, search, or otherwise use any portion of the Community through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, and data mining tools) other than the applications or search agents made available by Beeline;
• interfere with security-related features of the Community, including by: (i) disabling or circumventing features that prevent or limit use, printing or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Community except to the extent that the activity is expressly permitted by applicable law;
• interfere with the operation of the Community or any user’s enjoyment of the Community, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code designed to interrupt, destroy, or limit the functionality of the Community or of any device used to access the Community; (ii) making any unsolicited offer or advertisement to another user of the Service; (iii) collecting or sharing personal information about another user or third party without proper consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Community;
• act illegally or unethically;
• collect, store or use personal data about other users; or
• permit or encourage others to violate any of the above Rules of Conduct.

You are solely responsible for the content of your devices and any transmissions you make when using the Community.

Posts on any part of the Community may be edited, moved, deleted, or removed in Beeline’s sole discretion. Beeline reserves the right to temporarily or permanently withdraw your access to Community in its sole discretion.

Beeline does not guarantee a response to any post on the Community. Specifically, support issues should be addressed via Beeline's official support provisions and protocols. You understand that posts on the Community are addressed to your peers and not Beeline, and Beeline does not guarantee that any support issue will be addressed on or through the Community.

Beeline does not make any warranty or guarantee that any information posted on any part of the Community, whether or not such posting is made by a Beeline employee or agent, is accurate, complete, or in any way reliable. Community posts represent the statements and opinions of the individual user and are not necessarily the opinion of Beeline or its employees, partners, subsidiaries or affiliates. Beeline does not approve or disapprove of any Community post.

Limitation of Liability/Indemnity/Disclaimer of Warranties

THE COMMUNITY AND ALL INFORMATION, COMMENTARY, SERVICES, AND DOCUMENTATION PROVIDED IN CONNECTION WITH ANY PART OF THE COMMUNITY ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.

BEELINE SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT PRODUCTS OR SERVICE, OR LOSS OR DAMAGE TO INFORMATION OR DATA ARISING OUT OF THE USE OR INABILITY TO USE ANY PART OF THE COMMUNITY OR THE RELIANCE ON ANY INFORMATION CONTAINED ON ANY PART OF THE COMMUNITY. EXCEPT AS OTHERWISE PROVIDED BY LAW APPLICABLE TO BEELINE, UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL BEELINE BE LIABLE FOR DAMAGES RESULTING FROM USE OF ANY PART OF THE COMMUNITY, OR RELIANCE ON THE INFORMATION PRESENTED IN ANY PART OF THE COMMUNITY OR IN CONNECTION WITH ANY PART OF THE COMMUNITY, EVEN IF BEELINE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

ALL DISCLAIMERS AND LIMITATIONS SET FORTH IN THESE TERMS OR OTHERWISE EXISTING AT LAW SURVIVE ANY TERMINATION, EXPIRATION OR RESCISSION OF THESE TERMS.

Beeline does not offer formal customer support on the Community. Any commentary by Beeline employees or representatives on the Community should not be seen as a replacement for official Beeline support procedures. You agree that you must evaluate, and bear all risks associated with the use of any information, including any reliance on the accuracy, completeness, or usefulness of such information, including any information that may be posted by any Beeline employee or agent. Beeline's provision of the Community should in no way be construed as endorsement or approval of any third-party product, service, comment, position, or information that may be mentioned or referred to therein or any of the comments or posts made by any user.

You agree to indemnify, defend and hold harmless Beeline and its officers, directors, employees, owners, information providers, agents, partners, affiliates, licensees, licensors from and against any and all liabilities, demands, claims, costs, including reasonable attorneys' fees, incurred by the indemnified parties in connection with any demand, claim, action, suit, or loss due to or arising as a result of any breach by you of these Terms or arising out of content you submit, post, transmit, or make available through the Community, your use of the Community, your connection to the Community, or your violation of any rights of any third party in connection with the Community. You agree to use your best efforts to cooperate with Beeline in the defense of any demand, claim, action, or suit. Beeline reserves the right to assume the exclusive defense of any matter subject to indemnification by you at its own expense.

You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account. You agree to: (i) immediately notify Beeline of any unauthorized use of your password or account or any other breach of security; and (ii) ensure that you exit from your account at the end of each session. Beeline cannot and will not be liable for any loss or damage arising from your failure to maintain the confidentiality of your password and account.

Linked Websites

We may provide links to third-party websites and services that are outside of Beeline’s control (e.g., event registrations and sites hosting third party content) and governed by the respective third-party's terms and conditions including their privacy policy, not by these Terms, our Community Privacy Notice or any other Beeline Privacy notice. We encourage you to review the privacy policies posted on the websites you visit and in the third-party applications you use.

Digital Millenium Copyright Act Notice

Beeline respects the intellectual property of others. Beeline may, in appropriate circumstances and at its sole discretion, terminate the access of users who infringe any copyright, trademark, patent, trade secret or other intellectual property rights of others. If you believe that your work has been copied and is accessible at our web site in a way that constitutes infringement, or that our web site contains links or other references to another online location that contains material or activity that infringes your rights, you may notify us at legal@beeline.com by providing the information required by the U.S. Online Copyright Infringement Liability Limitation Act of the U.S. Digital Millennium Copyright Act, 17 U.S.C. §512. Additional information is available here.

Privacy

You should exercise caution when deciding to disclose personal information. If you voluntarily disclose information, e.g., a telephone number or an email address, in the Community, that information may be collected and used by third parties to send you unsolicited messages or advertisements or for other purposes. Beeline does not control the actions of such third parties and is not liable for those actions. If you disclose personal information in the Community, you do so at your own risk.

Beeline is an independent data controller of the personal information that you provide through your access to or use of Community. Beeline’s use of such personal information is governed by the terms of our Beeline Community Privacy Notice .

Export Law Assurances

The Community may be subject to United States Export Controls. The Community may not be used (i) in or by any resident of a country to which the United States has embargoed goods; or (ii) by anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders; or in or by any resident of any country that is the subject to sanctions of the United States Government. By accepting these Terms and using any part of the Community, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. Although the Community may be accessible worldwide, we make no representation that the Community is appropriate or available for use in locations outside the United States, and accessing the Community from territories where its contents or materials are illegal, is prohibited. Those who choose to access the Community from other locations do so at their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with the Community is void where prohibited.

Personal Messaging (PM) System

Beeline may make a personal messaging system ("PM System") available to certain of its users that will allow such users to communicate privately with each other. Beeline reserves the right to read, delete or edit such private messages in its discretion and without prior notice, and/or to remove you from and prevent your further use of the PM System. Beeline also reserves the right to take any further action it deems necessary or appropriate to protect or preserve the rights of Beeline or any other third parties.

Feedback

We respect and appreciate the thoughts and comments from our users. If you choose to provide input and suggestions regarding existing functionalities, problems with or proposed modifications or improvements to the Community including with respect to any Beeline products or services (“Feedback”), then you hereby grant Beeline an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right and license to use the Feedback in any manner and for any purpose, including to improve the Community and create other features and services. We will have no obligation to provide you with attribution for any Feedback you provide to us.

Changes to Terms

We may, from time to time, change these Terms. Please check these Terms periodically for changes. Revisions will be effective immediately upon posting. We may require that you accept modified Terms in order to continue your access to and use of the Community. If you do not agree to the modified Terms, your access to and use of the Community will be discontinued.

Miscellaneous

Beeline reserves the right to modify or discontinue all or any part of the Community at any time in its sole discretion. Beeline shall not be liable to you or any third party should Beeline exercise its right to modify or discontinue any part of the Community.

You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms and all rights granted under these Terms, including with respect to your User Content, at any time without notice or consent.

Additional Terms. Your access to and use of the Community is subject to all additional terms, policies, rules, or guidelines applicable to the Community or certain features of the Community that we may post on or link to from the Community (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms. Community is hosted by Gainsight® and you will be subject to the Additional Terms of Gainsight® found here, and where posted within Community.

Consent to Electronic Communications. By accessing or using the Community, you consent to receiving certain electronic communications from us as further described in our Community Privacy Notice . Please read our Community Privacy Notice to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.

These Terms represent the complete agreement concerning the subject matter of the Terms and, except as set forth herein, may be amended only by a writing executed by both parties. For clarity, these Terms are not modified or supplemented by any terms or conditions of any other agreements between you and Beeline except as otherwise set forth in this section.

These Terms shall be governed by and construed in accordance with the internal laws of the State of Florida, without giving effect to the conflict of laws or choice of law provisions thereof. The parties agree that the sole and exclusive venue for all disputes related to these Terms or the relationship of the parties in conjunction with Community shall be the state and federal courts located in Duval County, Florida and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any legal action hereunder. The United Nations Convention on Contracts for the International Sale of Goods shall not apply in any respect to these Terms or to the Community. The parties also disclaim application of any law based in any way on the (i) Uniform Computer Information Transaction Act (UCITA); (ii) the United Nations Convention on the Sale of Goods; or any Incoterms; in relation to these Terms or to the Community.

Solely with respect to Platform Enhancements offered via Community, in the event of a conflict between these Terms and the terms of any Beeline products and services entered into by Beeline and your employer (“Customer Agreements”), the Customer Agreements shall be controlling with respect to those matters covered within the Customer Agreements.

If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

Contact Us

Community is made available by Beeline.com, LLC. For support issues with Community such as account access or site availability, please contact beelinecommunity@beeline.com. If you believe that your account credentials have been compromised or to report any other data security issue, please contact secincident@beeline.com.