Terms of Use

UPDATED: June 20, 2018

By using this website (the "site") or any products or services provided through this site, you ("you," "your" and user") agree to the terms of service ("agreement" or "TOS") that Abeja Solutions, LLC ("us," "our," "we," and "the company") has provided. This agreement between you and us is comprised of this TOU and our Privacy Policy and supersedes all previous written and oral agreements, representations, and warranties. If you don’t agree with the terms of our TOU or Privacy Policy , please refrain from using the site and any of our products or services.

1. General

We provide Beezable, a self-publishing tool that helps nonprofit organizations create, print, and send mail to their donors. Access to Beezable is provided through our website. The fee for Beezable includes postage and the fees for our work.

Do not use Beezable until you have carefully read this TOU. By using Beezable, you attest that you have the authority to act on behalf of any entity you represent.

2. Beezable License

We grant you a limited, non-exclusive, non-transferable, revocable license to use Beezable in exchange for payment and per these TOU and our Privacy Policy. Payments for this license are made through a third-party payment processing service. By purchasing this service, you agree to abide by that payment processing service’s terms of service. We will never have access to your credit card information.

When you use Beezable, you upload your contact list to this service. By using Beezable, you attest that you have consent to contact the persons on your contact list. We verify the addresses on your contact list using CASS certification and only send mailings to those verified addresses. Please note: At this time, you do not receive a list of any invalid addresses and our fees are based on the number of verified mailing addresses you provide us.

You may also use Beezable to have us create or edit your mailings for an additional fee. Please allow at least 14 days for us to complete a mailing to your donors.

3. User Conduct

Every user must abide by the following rules of conduct in regards to Beezable:

  • You must be at least 18 years old to use Beezable.

  • You must provide accurate information as required on the portal and when communicating with us.

  • You must not use Beezable except as permitted by this agreement.

  • You may not use this service to abuse, harass, defame, or defraud anyone.

  • You may not use this service to do anything unlawful, misleading, malicious, or discriminatory.

  • You may not upload viruses or other malicious code through this service. You may not do anything that is designed to disable, overburden, or interfere with the normal working of this service.

  • You may not use this service to violate anyone’s intellectual property rights. You may not make any copies of this software. You may only access Beezable through our website.

  • You may not rent, lease, sell, sublicense, or redistribute our software in Beezable.

  • You may not use, test, or otherwise utilize our software in Beezable in any manner for purposes of developing or implementing any method or application that is intended to interfere with the function of our software.

  • You may not reverse engineer, decompile, disassemble, derive source code, create a derivative work of, or otherwise repurpose Beezable. Nor may you attempt to do so, or assist anyone in doing so except permitted by applicable law notwithstanding this limitation.

  • You must comply with all applicable laws and regulations when using Beezable. You are responsible for verifying that you are complying with these laws and regulations.

We reserve the right to terminate any user’s license, sublicense, or access for violating our TOU or Privacy Policy.

4. Links

We may provide links to other websites on Beezable. Providing a link, however, is not an endorsement. We shall not be responsible for any material on any site to which we provide a link that we did not create. User assumes all risk by following a link. The company provides no guarantee that any website it links to will be accurate or available.

5. Copyrights and Trademarks

The company retains its intellectual property rights, including but not limited to, copyright rights in all its content published on and through our website and Beezable, including all software code. We also retain all intellectual property rights in any content we create for any client, including content created for donor mailings.

"Abeja Solutions," "Beezable," and their logos are trademarks owned by the company and may not be used without our explicit written permission. Any violation of this policy may result in a copyright, trademark, or other intellectual property right infringement that may subject user to civil and/or criminal penalties and termination of their license(s).

You retain the intellectual property rights you have in any content you provide to us for your mailing. By using Beezable, you grant us a license to list your company as an entity that has used Beezable for promotional purposes.

6. Digital Millennium Copyright Act (DMCA) Policy

The company will comply with any properly submitted DMCA takedown and counter takedown notices we receive under the U.S. Copyright Act (17 U.S.C. § 512). If you believe that your copyrighted work has been copied and used on or via our website in a way that constitutes copyright infringement, you must contact our DMCA Agent at the following address: Abeja Solutions LLC; Attn: DMCA/Copyright Agent; 35640 North 11th Avenue, Phoenix, Arizona 85086 or via email at info@abejasolutions.com.

7. Indemnification

By using this website or our services, you agree to defend, indemnify, and hold harmless the company, our affiliates, and their respective directors, officers, employees, and agents from and against all claims and expenses, including attorneys’ fees, arising out of or related to any activity by you in connection with our website or our services.

To the extent permitted under applicable laws, user hereby releases the company from any and all claims or liability related to any product or service provided through this website.

8. Modification to these Terms of Use

We reserve the right to change the TOU for this service at any time as we deem necessary or desirable. These changes will most likely be enacted to comply in changes to our services and/or changes in the law. We may notify users of changes by posting notice of the change on our website and through your portal. Changes to this agreement may occur, however, without notice. Any changes to these TOU will be effective upon the changes being made to this document. Your continued use of Beezable shall be your acceptance of any changes to this agreement. All additional terms are hereby incorporated into this TOU by this reference.

The date at the top of the TOU informs you of the date of the most recent change.

9. Warranty Disclaimer

USER EXPRESSLY AGREES THAT USE OF OUR SERVICES IS AT USER’S SOLE RISK. NEITHER THE COMPANY, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, WARRANT THAT USE OF OUR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (1) THE RESULTS THAT MAY BE OBTAINED FROM USE OF OUR SERVICES OR (2) THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION OR SERVICE PROVIDED THROUGH THIS WEBSITE OR OUR SERVICES.

THIS WEBSITE AND OUR SERVICES ARE MADE ACCESSIBLE ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.

10. Limitation of Liability

IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE CONTENT PROVIDED THROUGH THIS SITE AND/OR OUR SERVICES. THE PARTIES AGREE THAT OUR MAXIMUM FINANCIAL OBLIGATION TO YOU IS THE AMOUNT PAID TO US FOR PRODUCTS AND SERVICES PRIOR TO THE DISPUTE.

UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY LOSS OR DAMAGE ALLEGEDLY CAUSED BY YOUR RELIANCE ON ANY INFORMATION PROVIDED ON THIS SITE OR THROUGH OUR PRODUCTS AND SERVICES. YOU ARE RESPONSIBLE FOR EVALUATING THE ACCURACY, APPROPRIATENESS, COMPLETENESS, AND USEFULNESS OF OUR CONTENT BASED ON YOUR SPECIFIC NEEDS. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, TO EVALUATE AND PROVIDE INDIVIDUALIZED INFORMATION AND INSTRUCTION.

11. Contact Information

Beezable is owned by Abeja Solutions LLC, an Arizona limited liability company with a principal place of business in Arizona. You can contact us at 35640 North 11th Avenue, Phoenix, Arizona 85086 or via email at info@abejasolutions.com.

12. Dispute Resolution

By using this Site, you agree that any claim, dispute, or controversy you may have against us arising out of, relating to, or connected in any way with this agreement, our website, or Beezable, shall be resolved exclusively in a court located in Maricopa County, Arizona. Arizona law shall govern all disputes related to this website and our services. You agree that you shall only pursue a claim on behalf of yourself only and shall not seek to file a class action lawsuit. By using this website or any of our services, you agree to this jurisdiction and venue.

In all claims, disputes, and controversies related to this agreement, our website, or any of our services, the non-prevailing party shall be responsible for the prevailing party’s attorneys’ fees in addition to any damages assessed against them.

13. Termination

We reserve the right to suspend or terminate any user’s license or access to Beezable at any time and for any suspected violation of this TOU and/or our Privacy Policy. Termination may occur without advance notification. We shall not be liable for any damages for terminating a user.

14. Miscellaneous

This agreement and Privacy Policy shall constitute the entire agreement between the user and us with respect to the subject matter in this agreement or Privacy Policy. No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default.

The section headings used in this agreement are for convenience only and shall be of no legal force or effect.

If any provision of this agreement or Privacy Policy is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this agreement, and the remaining portions of this agreement or Privacy Policy shall continue in full force and effect. If a provision is found to be invalid, the parties hereby request that the intention of the invalid provision be upheld wherever possible. The failure of either party to exercise any of its rights under this agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided by this agreement.