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BIEASES Wallet Terms and Conditions

For the United States

Last Updated: December 24th, 2023

THESE TERMS OF USE INCLUDE A BINDING ARBITRATION PROVISION THAT CONTAINS A CLASS ACTION WAIVER. PLEASE REFER TO SECTION 39 BELOW FOR MORE INFORMATION.

The following terms and conditions are terms of a legal agreement (the “Terms of Use”) between you, whether personally or on behalf of an entity (“you”, “your”, or “user”) and Sailing Union Capital Holding, doing business as BIEASES, its subsidiaries, affiliates, agents, and assigns (“SUCH”, “BIEASES”, “we”, “us”, or “our”) that sets forth the terms and conditions for your use of our mobile wallet product (the "BIEASES Wallet") and/or the products and services offered, operated or made available by BIEASES (collectively, the “Services”). The Services include your use of our mobile app and website (collectively, the “Site”). Note that BIEASES offers two versions of its Services, one for consumers using the Services for personal, family, and household purposes and another for businesses. Certain provisions of this Agreement apply to only one or the other version of the Services.

This Site and the Services are being provided to you expressly subject to these Terms of Use. By accessing, browsing, and/or using the Site or the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use and the related disclosures (collectively, "Disclosures") and to comply with all applicable laws and regulations. You understand that BIEASES will not provide you with an additional paper (non-electronic) copy of this Agreement or the Disclosures unless you specifically request it by contacting us at the number or email address below in section 47. These Terms of Use governs your use of the Site and the Services.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last Updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change unless advance notice is required by law. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site and the Services after the date such revised Terms of Use are posted.

The Services enable you to upload or receive funds into your BIEASES Wallet, hold funds in your BIEASES Wallet, exchange fund balances to other supported currencies, withdraw funds held in your BIEASES Wallet, transmit funds to recipients, and pay for goods or services with merchants who participate in our network. We retain full discretion to refuse to accept any user or to complete any instruction to transfer, receive, send, withdraw, or exchange funds held in your BIEASES Account at any time.

SCAMS and FRAUD. Scams and fraud can occur in connection with money transfer services. Only send money to people you know. Do not share account details with anyone. Contact us if you have concerns about scams or fraud.

  1. Electronic Fund Transfers (EFTs) and Account Balances. Sailing Union Capital Holding d.b.a. BIEASES partners with the financial services software company of Fortress Trust which is a Nevada State Chartered Trust Company and banking services provider currently is Cross River Bank, Who is a New Jersey state-chartered FDIC insured bank, to offer you electronic fund transfers and provide you with a Custodial Account (account number and routing number). By registering our Wallet, you will have the right to agree with our Partners’ terms, agreements, disclosures, and policies in order to open Custodial Account. The Custodial Account allows you to store value and perform certain transactions through our platform. To check your wallet custodial account information, please go to my setting list with my account information to see more detailed information.

You must comply with the Partner Terms when creating or using your account with Sailing Union Capital Holding d.b.a. BIEASES. The Partner Terms may be modified from time to time, and the governing versions are incorporated by reference as part of the Terms and Conditions. IT IS YOUR RESPONSIBILITY TO READ AND UNDERSTAND THE PARTNER TERMS BECAUSE THEY CONTAIN TERMS AND CONDITIONS CONCERNING YOUR ACCOUNT WITH US, INCLUDING BUT NOT LIMITED TO LIMITATIONS, REVERSALS, MANDATORY ARBITRATION, AND YOUR RELEVANT RIGHTS AND LIABILITIES.

  1. User Registration. You are required to register on the Site and establish an account ("BIEASES Account”) with us in order to access the Services. You agree to not allow others to access your BIEASES Account information unless they are your authorized representative. You are responsible for all use of your BIEASES Wallet information to access the Services. You may only open one BIEASES Wallet unless we explicitly approve the opening of additional accounts. We may refuse the creation of duplicate accounts for the same user. Where duplicate accounts are detected, BIEASES may close or merge these duplicate accounts without notification to you.

  2. Account Security. You, not BIEASES, are responsible for maintaining adequate security and control of any and all IDs, passwords, or any other details that you use to access your BIEASES Account and the Services. You must never disclose your Account password. If you suspect your BIEASES Wallet, login details, password, or any other security features are stolen, lost, used without authorization or otherwise compromised, you are advised to change your password and contact customer immediately. We may (but are not obligated to) suspend your BIEASES Wallet or otherwise restrict its functionality if we have concerns about the security of the BIEASES Wallet or any of its security features; or potential unauthorized or fraudulent use of your BIEASES Wallet or any of its security features.

  3. Eligibility. You must have a valid e-mail address and a mobile device or computer able to access and use the BIEASES Wallet and:

A. If you are a consumer: You must be a resident of the United States and eighteen years of age or older to obtain a BIEASES Wallet. You must obtain and use the BIEASES Wallet for personal, family, or household use only. Wallets used by such customers are referred to herein as a "Consumer BIEASES Wallet." A business cannot obtain a Consumer BIEASES Wallet.

B. If you are using the Services on behalf of a business: You must (i) be able and be authorized to form legally binding contracts on behalf of the business, (ii) be obtaining a BIEASES Wallet on behalf of a business, including business associations, partnerships, corporations, limited liability companies or other for-profit enterprises; corporations or associates operated as not-for-profit entities; governmental entities; or an individual or sole proprietor who uses the account for carrying on a business or trade and not for personal, family or household use, and (iii) use the Services on behalf of a United States-domiciled business entity. Wallets used by such customers are referred to herein as a "Business BIEASES Wallet." Individual consumers cannot open a Business BIEASES Wallet.

Other restrictions may apply.

  1. Account Features. The BIEASES Wallet allows you to conduct a range of activities, including sending and receiving money to other holders of the BIEASES Wallet, receive or send funds from a linked bank account.

  2. Fees. The fees for transferring money, withdrawing money and/or currency conversion will be disclosed to you when you place an order and prior to your confirming the transaction.

A. If you have a Consumer BIEASES Wallet Only: You can find a list of all fees on the BIEASES Long Form Disclosure and a summary fee disclosure on the BIEASES Short Form Disclosure. You may also view the fee structure for currency conversions on our Pricing page. For clarity, the fees applicable to you on the Consumer Pricing Page form part of this Customer Agreement and are subject to change. You agree to pay the relevant fees using your chosen payment method. The fee will be charged at the time when you withdraw money or convert currency. Our fee does not include any fees that your bank or the recipient’s bank may charge. Those fees may be deducted from money you upload into your BIEASES Wallet. We will not process your payment order until we have received the applicable fee from you.

B. If you have a Business BIEASES Wallet Only: A list of our fees is available here (Price and Fees).

  1. Taxes. You are responsible for any taxes which may be applicable to payments you make or receive, and it is your responsibility to collect, report, and pay the correct tax to the appropriate tax authority.

  2. Availability of Funds. You are not permitted to exceed the available balance in your Account. Notwithstanding the foregoing, in the event that a transaction is approved (due to a system malfunction or otherwise) that exceeds the balance of the funds available in your Account you shall remain fully liable for the amount of the transaction. In the event that your available balance is less than $0, you agree to pay us promptly for the shortage.

  3. Account Balance And Transaction History Information. BIEASES will not automatically send you monthly account statements. BIEASES will make your account balance and transaction history available to you, including any fees that have been charged to your account. You may check your current balance and account transaction history by (a) accessing your BIEASES Wallet via the Site or (b) contacting us at the number below in section 47.

  4. If you have a Consumer BIEASES Wallet You May Request a Written Account Transaction History. If you have a consumer wallet, you may make a request either orally or in writing for your account history for at least the last 24 months. To make either an oral or written request for your account history, please contact BIEASES at the number or email address below in section 47. Even if your BIEASES account has become inactive for more than 24 months, BIEASES will provide you with the full account history.

  5. Limitation on the Services. We may, at any time and in our sole discretion, restrict your ability to use the Services.This may include restricting your ability to withdraw funds from your account including without limitation, if you are included on the Specially Designated Nationals list, Non-cooperative Countries and Territories list, United Nations Security Council Sanctions List, and such other lists as may be issued from time to time by government agencies. We may also, at any time and in our sole discretion and without prior notice, limit the amount to be transferred either in an individual transaction or an aggregated basis. We may reject or limit transactions based on violations of these Term and Conditions, local laws and regulations or if we reasonably determine your use of the Services presents an unacceptable level of risk to us, our users, our systems, or our partners.

  6. Closing Your Account. You may end this Agreement and close your BIEASES Account at any time by contacting us at the number or email address below in section 47. At the time of closure, if you still have money in your Account, you must withdraw your money within a reasonable period of time. You must not close your BIEASES Account to avoid an investigation. If you attempt to close your BIEASES Account during an investigation, we may hold your money until the investigation is fully completed. You agree that you will continue to be responsible for all obligations related to your BIEASES Account even after it is closed.

  7. Exchange Rate Information. In addition to any applicable fees, BIASES may apply a foreign currency exchange to an international money transfer. BIASES will provide an exchange rate to you ("Exchange Rate"). Payouts will generally be made in the national currency of the destination country unless we make another option available to you ("Local Currency"). The Payout Currency and the Exchange Rate we will use will be reflected in the pre-payment disclosure and the Receipt. The Exchange Rate will be rounded to a consistent number of decimal places for each currency pursuant to applicable laws and regulations. Any difference in the Exchange Rate disclosed to you and the exchange rate received by BIASES will be kept by BIASES (and/or its partners and agents, in some cases) in addition to any fees. Exchange Rates change frequently and are not guaranteed until you pay for a money transfer. If the exchange rate has changed from the time of the prepayment disclosure, we will provide new disclosures to you.

  8. Additional Provisions Applicable only if You have a Consumer BIEASES Wallet:

A. Additional Provisions Applicable to International Transfers.

i. Errors and Cancellations for Certain Consumer International Fund Transfers. Most BIEASES transfers are delivered immediately. If you are a consumer, you have a right to dispute errors in your transaction. If you think there is an error, contact us within 180 days at the number or email address below in section 47. You can also contact us for a written explanation of your rights. You can cancel an international transfer for a full refund within 30 minutes of payment unless the funds have been picked up or deposited.

For questions or complaints about BIEASES, contact: Arkansas State Banking Authority, (501) 324-9019, https://banking.arkansas.gov/consumer-info/file-a-complaint

Consumer Financial Protection Bureau, 855-411-2372, 855-729-2372 (TTY/TDD), http://www.consumerfinance.gov
B. Error Resolution. In case of errors or questions about your account, call or email us using the information provided below in section 47 as soon as you can. We must allow you to report an error until 60 days after (1) the earlier of the date you electronically access your account if the error could be viewed in your electronic history, or (2) the date we sent the FIRST written history on which the error appeared. You may request a written history of your transactions at any time by calling us at the number below or emailing us at the address below in section 47. You will need to tell us:

i. Your name and account number

ii. Why you believe there is an error, and the dollar amount involved.

iii. Approximately when the error took place.

If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days.

We will determine whether an error occurred within 10 business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days for the amount you think is in error, so that you will have the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit your account.

For errors involving new accounts, point-of-sale, or foreign-initiated transactions, we may take up to 90 days to investigate your complaint or question. For new accounts, we may take up to 20 business days to credit your account for the amount you think is in error.

We will tell you the results within three business days after completing our investigation. If we decide that there was no error, we will send you a written explanation.

You may ask for copies of the documents that we used in our investigation.

If you need more information about our error-resolution procedures, call us at the number below in section 47 or visit https://www.bieases.com and use the contact us link to fill in your request.

C. Our Liability for Failure to Make Transfers (Applicable to Consumers Only). If you have a consumer BIEASES wallet and we do not complete a transfer to or from your account on time or in the correct amount according to our Agreement with you, we will be liable for your losses or damages proximately caused by us. However, there are some exceptions. We will not be liable for failing to complete a transaction if, for instance:

i. Through no fault of ours, there are insufficient funds for the transfer;

ii. The BIEASES application was not working properly and you knew about the problem when you initiated the transfer;

iii. Circumstances beyond our control (such as fire, flood, or pandemic) prevent the transfer, despite reasonable precautions we have taken;

iv. We do not complete the transaction because you have reported to us that your mobile device containing access to your account has been lost or stolen, or someone has gained unauthorized access to your account;

v. We do not complete the transaction because your account has been suspended by us, or we have reason to believe the transaction is not authorized by you; or

vi. As otherwise provided in this Agreement.

D. Electronic Fund Transfer Errors and Your Liability for Unauthorized Transactions for Consumer BIEASES Wallets.

For consumer BIEASES wallets, we will not send you a periodic statement listing transactions that you make using BIEASES. We will provide you with an electronic receipt for every transfer made using the Services.

IF THE BIEASES ACCOUNT IS ACCESSED BY SOMEONE ELSE OR IF YOU LOSE ACCESS, NOTIFY US ONCE by calling us or emailing us at the number or address below in section 47. Telephoning is the best way of keeping your possible losses down. You could lose money. If you tell us within 2 business days after you learn of that someone else has accessed your BIEASES Account Login, you can lose no more than $50 if someone used your access to the Services without your permission.

If you do NOT tell us within 2 business days after you learn of the loss or theft of your username and password, and we can prove we could have stopped someone from using your username and password without your permission if you had told us, you could lose as much as $500.

If you believe your account information has been stolen, call us, or email us at the number or email address below in section 47. You should also call the number or write to the address if you believe a transfer has been made using your account information without your permission.

  1. Error Resolution for Business BIEASES Wallet Only.

You have a responsibility to review your account information in a timely manner and to notify us promptly of any problems. If you fail to notify us within 30 days after we send or otherwise make account information available to you, you agree that: We will not accept a claim related to the error or unauthorized transaction, regardless of the care or lack of care we may have exercised in handling your account.

We are not liable to you for subsequent unauthorized transactions on your account by the same person(s). After you report problems with your account, you agree that: We have a reasonable period of time to investigate the facts and circumstances surrounding any claimed loss and that we have no obligation to provisionally credit your account, unless otherwise required by law.

You will fully cooperate with us in the investigation and prosecution of your claim and any attempt to recover funds, and you will provide us with all the information and documentation requested, including an affidavit if needed. We may deny your claim if you fail to provide us with any requested information or documentation in a timely manner.

We may require you to close your account and open a new one. If you do not do so, we are not liable to you for subsequent losses or damages on the account.

Our maximum liability is the lesser of your actual damages proven, the amount of the forgery, alteration, or other.

  1. Expiration of Funds and Unclaimed Property. Your account funds do not automatically expire. If, however, we have no record of account activity for three or more years, applicable state law may require us to report and pay any unclaimed funds remaining in your account, subject to permissible fees, pursuant to the escheat and unclaimed property laws of your state of residence. Should your account have a remaining balance after a certain period of time, we may be required to remit those funds as abandoned property to the appropriate state agency.

  2. Prohibited Transactions. You may not use the Service in violation of these Terms of Use, our Privacy Policy, or applicable laws, rules, or regulations. It is a violation of these Terms of Use to use the Service for any of the following activities (without limitation): sexually oriented materials or services; gambling activities; fraud; money-laundering; funding terrorist organizations; purchase or sale of tobacco, firearms, prescription drugs, or other controlled substances. If you use the Service in connection with illegal conduct, we reserve the right to report you to the appropriate law enforcement agency or agencies. We may, in our sole discretion, cancel any transaction and terminate your use of the Services if we suspect they are being used for any purpose prohibited by these Terms of Use. You acknowledge that BIEASES is not liable for your use of the Services in violation of these Terms of Use.

  3. Communications. You consent to our communicating with you via e-mail, text, and telephone. We may contact you to discuss your use of the Services. We will not use your telephone number for marketing purposes without your express consent, which you can revoke at any time.

  4. Distribution Limited. The information provided on the Site or while using the Services is not intended for distribution to or use by any person or entity in any jurisdiction where BIEASES distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within BIEASES jurisdiction. Accordingly, those persons who choose to access the Site or use our Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

  5. Intellectual Property Rights and Limited License. Unless otherwise indicated, the Site and Services are our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site and Services (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions unless otherwise noted. The Content and the Marks are provided on the Site and Services “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and the Services and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content, and the Marks.

  1. User Representations. By using the Site or the Services, you represent and warrant that: (i) all registration information you submit will be true, accurate, current, and complete; (ii) you will maintain the accuracy of such information and promptly update such registration information as necessary; (iii) you have the legal capacity and you agree to comply with these Terms of Use; (iv) you are not under the age of 18; (v) you are not a minor in the jurisdiction in which you reside; (vi) you will not access the Site and the Services through automated or non-human means, whether through a bot, script or otherwise; (vii) you will not use the Site or the Services for any illegal or unauthorized purpose; and (viii) your use of the Site and the Services will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your BIEASES Account and refuse any and all current or future use of the Site and the Services (or any portion thereof).

  1. Business Days. For purposes of these disclosures, our business days are Monday through Friday. Federal and California state holidays are not included.
  2. Transfer Types and Limitations.

A. Account access. You may use your BIEASES Wallet to:

i. Send money to other holders of a BIEASES Wallet. ii. Receiving incoming ACH transfers from a linked bank account in the United States. iii. Send outgoing ACH transfers to a linked bank account in the United States. iv. Pay for purchases at places that accept the BIEASES Wallet.

B. Limitations on Frequency of Transfers. None.

C. Dollar Amount of Transfers. You may only transfer up to $3500 in a single transaction and only $7000 using the Services per day.

  1. Confidentiality. We will disclose information to third parties about your account or the transfers you make for the following reasons and in accordance with our Privacy Policy:

A. Where it is necessary for completing transfers;

B. In order to comply with government agency or court orders; or

C. If you give us your written permission.

  1. Documentation

A. Terminal transfers. You can get a receipt at the time you make any transfer to or from your account using a point-of-sale terminal that accepts the BIEASES Wallet.

  1. Mobile Application License.

A. Use License. If you access the Site via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms of Use. You shall not: (1) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the application; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application; (5) use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the application for creating a product, service, or software that is, directly or i with or in any way a substitute for the application; (8) use the application to send automated queries to any website or to send any unsolicited commercial e-mail; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.

B. Apple and Android Devices. The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the Services: (1) the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) we are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms of Use or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application; (3) in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor; (4) you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms of Use, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms of Use against you as a third-party beneficiary thereof. Apple and Google are not a sponsor of any content or Services.

  1. Prohibited Activities.

You may not access or use the Site and Services for any purpose other than that for which we make the Site and Services available.

As a user of the Site and Services, you agree not to:

A. Distribute login details so that multiple users are sharing one login.

B. Sell or otherwise transfer your BIEASES Account.

C. Use a buying agent or purchasing agent to make purchases on the Site and Services.

D. Use the Site and Services to advertise or offer to sell goods or services.

E. Use the Site and Services as part of any effort to compete with us or otherwise use the Site and Services and/or the Content for any revenue-generating endeavor or commercial enterprise.

F. Attempt to impersonate another user or person or use the username of another user.

G. Trick, defraud, or mislead us or other users, especially in any attempt to learn sensitive account information such as user passwords.

H. Engage in unauthorized framing of or linking to the Site and Services.

I. Make improper use of our support services or submit false reports of abuse or misconduct.

J. Use any information obtained from the Site and Services in order to harass, abuse, intimidate, threaten, or harm another person.

K. Delete the copyright or other proprietary rights notice from any Content.

L. Circumvent, disable or otherwise interfere with security-related features of the Site and Services, including features that: (a) prevent or restrict the use or copying of any Content; (b) enforce limitations on the use of the Site and Services and/or the Content contained therein; or (c) prevent or restrict access to any portion of the Site and Services.

M. Copy, adapt, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site and Services.

N. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.

O. Systematically retrieve data or other content from the Site and Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.

P. Make any unauthorized use of the Site and Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.

Q. Interfere with, disrupt, or create an undue burden on the Site and Services or the networks or services connected to the Site and Services.

R. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site and Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site and Services.

S. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).

T. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site and Services, or using or launching any unauthorized script or other software.

U. Disparage, tarnish or otherwise harm, in our opinion, us and/or the Site and Services.

V. Use the Site and Services in a manner inconsistent with any applicable laws or regulations.

  1. User-Generated Contributions.

The Site and Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site and Services, including but not limited to text, writings, resumes, video, audio, photographs, graphics, comments, suggestions, or other material but excluding personal data (collectively, “Contributions”). Contributions may be viewable by other users of the Site and Services and through third-party websites if you post them on certain portions of the Site and Services (for example, user reviews). As such, any Contributions you post may be treated as non-confidential and non-proprietary. When you submit, create, or make available any Contributions, you thereby represent and warrant that:

A. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.

B. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site and Services, and other users of the Site and Services to use your Contributions in any manner contemplated by the Site and Services and these Terms of Use.

C. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and Services and these Terms of Use.

D. Your Contributions are not false, inaccurate, or misleading.

E. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.

F. Your Contributions are not obscene, lewd, lascivious, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).

G. Your Contributions do not harass, ridicule, mock, disparage, intimidate, or abuse anyone.

H. Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another person.

I. Your Contributions do not violate any applicable law, regulation, or rule.

J. Your Contributions do not violate the privacy or publicity rights of any third party.

K. Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.

L. Your Contributions do not violate any national, federal, or state law concerning child pornography, or otherwise intended to protect the health or well-being of minors.

M. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical or mental disability.

N. Your Contributions do not link to material that violates any provision of these Terms of Use or any applicable law or regulation.

Any use of the Site and Services in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site and Services.

  1. Contribution License.

By submitting or posting your Contributions to any part of the Site and Services or making Contributions accessible to the Site and Services, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, to use, to display, and to prepare derivative works of such Contributions for the purposes of delivering our services to you, refining our services and the Site and Services, and developing new services, and you grant and authorize sublicenses of the foregoing. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.

We do not assert any ownership right over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site and Services. You are solely responsible for your Contributions to the Site and Services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Site and Services; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

  1. Submissions. You acknowledge and agree that any questions, comments, suggestions, ideas, or feedback regarding the Site and Services (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

  2. Copyright Infringement.

We respect the intellectual property rights of others. If you or any user of the Site and Services believes its copyright, trademark, or other property rights have been infringed by any content posted on this site, you or the user should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:

A. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

B. Identification of the copyrighted work claimed to have been infringed;

C. Information reasonably sufficient to permit us to contact the complaining party, such as address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

D. Identification of the material that is claimed to be infringing or to be subject to infringing activity and that is to be removed and information reasonably sufficient to permit us to locate the materials;

E. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or the law; and

F. A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringing.

Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c), our Designated Agent for notice of claims of copyright infringement can be reached as indicated below. Access to the site of repeat infringers of copyright or of users about whom repeat claims of copyright infringement are received will be terminated. The Designated Agent for Claimed Infringement shall be bieases@bieases.com, or you may also write to us at the address provided below with Attention to DMCA Agent. ALL CLAIMS MUST BE IN WRITING AND MAY NOT BE MADE BY TELEPHONE.

  1. Third-Party Websites and Content. The Site and Services may contain (or you may be sent via the Site and Services) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site and Services or any Third-Party Content posted on, available through, or installed from the Site and Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site and Services or relating to any applications you use or install from the Site and Services. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

  2. Management. We reserve the right, but not the obligation, to: (1) monitor the Site and Services for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site and Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site and Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and Services.

  3. Privacy Policy. We care about data privacy and security. By using the Site and Services, you agree to be bound by our Privacy Policy available here: Privacy, which is incorporated into these Terms of Use. Please be advised the Site and Services are hosted in the United States. If you access the Site and Services from the European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site and Services, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States. Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 18 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Site and Services as quickly as is reasonably practical.

  4. California Privacy Rights (not applicable if you have a Business BIEASES Account).

If you are a resident of the State of California, under the California Consumer Privacy Act (CCPA), you have the right to request information on how to exercise your disclosure choice options from companies conducting business in California. Specifically:

  • Exercising the Right to Know. You may request, up to twice in a 12-month period, the following about the personal information collected on you in the past 12 months:

o the categories and specific pieces of personal information we have collected;

o the categories of sources from which we collected the personal information;

o the business or commercial purpose for which we collected it;

o the categories of third parties with whom we shared the personal information; and

o the categories of personal information about you that we disclosed for a business purpose.

  • Exercising the right to delete. You may request that we delete the personal information we have collected from you, subject to certain limitations under applicable law
  • Exercising the right to opt-out from a sale. You may request to opt out of any “sale” of your personal information that may take place.
  • Non-discrimination. The CCPA provides that you may not be discriminated against for exercising these rights.

To submit a request to exercise any of the rights described above, you may contact BIEASES either via email to the address below in section 47 or contact us via postal mail, proper postage prepaid, at: Sailing Union Capital Holdings Attn: Your California Privacy Rights mailing address below in section 47. Please indicate your preference as to how you would like us to respond to your request (i.e., email or postal mail). All requests sent via postal mail must be labeled “Your California Privacy Rights” on the envelope or postcard and clearly stated on the actual request. For all requests, please include your name, street address (if you would like a response via postal mail), city, state, and zip code. We may need to verify your identity before responding to your request, such as verifying that the email address or contact information from which you send the request matches your email address or contact information that we have on file. Authentication based on a government-issued and valid identification document may be required. We will not accept requests via telephone or fax. We are not responsible for notices that are not labeled or sent properly or do not have complete information.

  1. Terms and Termination. These Terms of Use shall remain in full force and effect while you use the Site and Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE AND SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, your business entity name, a fake or borrowed name, or the name of any third party even if you may be acting on behalf of the third party, or a business entity under which you are registered as an owner or member. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

  1. Modifications and Interruptions. We reserve the right to change, modify, or remove the contents of the Site and Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site and Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site and Services.

We cannot guarantee the Site or Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site or Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site or Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site or Services. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or Services or to supply any corrections, updates, or releases in connection therewith.

  1. Governing Law. These Terms of Use, our Privacy Policy, and your use of the Site and Services are governed by and construed in accordance with the laws of the State of California applicable to agreements made and to be entirely performed within the State of California, without regard to its conflict of law principles.

  2. Mandatory Arbitration & Dispute Resolution. If you have a dispute, controversy, claim, or other concern related to these Terms of Use (each a “Dispute” and collectively, the “Disputes”) please contact us immediately. We will do our best to resolve it. If you and us (individually, a “Party” and collectively, the “Parties”) are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration on an individual basis. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website,www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, we will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in the federal judicial district of your residence or telephonically. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

NO ARBITRATION OR OTHER CLAIMS RELATED TO THESE TERMS OF USE SHALL PROCEED ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS (INCLUDING AS PRIVATE ATTORNEY GENERAL ON BEHALF OF OTHERS), EVEN IF THE CLAIM OR CLAIMS THAT ARE THE SUBJECT OF THE ARBITRATION HAD PREVIOUSLY BEEN ASSERTED (OR COULD HAVE BEEN ASSERTED) IN A COURT AS CLASS REPRESENTATIVE, OR COLLECTIVE ACTIONS IN A COURT. Unless consented to in writing by all parties to the arbitration, no party to the arbitration may join, consolidate, or otherwise bring claims for or on behalf of two or more individuals or unrelated corporate entities in the same arbitration unless those persons are parties to a single transaction. Unless consented to in writing by all parties to the arbitration, an award in arbitration shall determine the rights and obligations of the named parties only, and only with respect to the claims in arbitration, and shall not (a) determine the rights, obligations, or interests of anyone other than a named party, or resolve any Claim of anyone other than a named party; nor (b) make an award for the benefit of, or against, anyone other than a named party.

If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Miami-Dade County, Florida, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non-convenient with respect to venue and jurisdiction in such state and federal courts.

In no event shall any Dispute brought by either Party related in any way to the Site or Services be commenced more than one (1) years after the cause of action arose unless permitted by the Electronic Fund Transfer Act. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

Exceptions to Arbitration. The Parties agree that the following Disputes are not subject to the above provisions concerning binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

NOTE TO YOU IF YOU ARE NOT A CONSUMER: Replace references in Section 31 that refer to "AAA Consumer Rules " with " AAA Commercial Rules." The AAA's Commercial Arbitration Rules are available at https://www.adr.org/Rules.

  1. Corrections. There may be information on the Site or in connection with the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site and Services at any time, without prior notice.

  2. Disclaimer. EXCEPT WHERE REQUIRED BY LAW, THE SITE AND SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS WITH ALL FAULTS AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY, WHICH MEANS THAT WE GIVE NO GUARANTEES AS TO THE OPERATION OF THE SITE AND SERVICES. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, BIEASES, ITS SUBSIDIARIES, AFFILIATES, EMPLOYEES, SUPPLIERS, VENDORS, AND SERVICE PROVIDERS SPECIFICALLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND SERVICES OFFERINGS AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, FITNESS FOR ANY PARTICULAR PURPOSE, AVAILABILITY, SECURITY, TITLE, ANY WARRANT THAT THE OPERATION OF THE SERVICES AND SITE WILL BE UNINTERRUPTED OR ERROR FRE SERVICES AND SITE WILL BE PROVIDED. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE OR THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE OR THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE OR THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE OR THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. We make reasonable efforts to ensure that transactions are processed in a timely manner, but we make no representations or warranties regarding the time needed to complete processing because the Services are largely dependent on many factors outside our control. This disclaimer does not waive any rights you may have under the Electronic Fund Transfer Act or any other applicable federal or state law. Notwithstanding the foregoing, you may have a right to a refund as expressly described in these Terms of Use.

  3. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER WE NOR OUR DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNTS TRANSFERRED, IF ANY, BY BIEASES TO YOU DURING THE THREE (3) MONTH PERIOD PRIOR TO THE OCCURRENCE GIVING RISE TO ANY CLAIM. CERTAIN STATE OR NATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

  4. Indemnification. Unless prohibited by law, you agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your use of the Site and the Services; (2) your breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act by you toward any other user of the Site and Services with whom you connected via the Site and the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding that is subject to this indemnification upon becoming aware of it.

  5. Electronic Communications, Transactions, and Signatures. Visiting the Site or using the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO THE ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction that require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

  6. Miscellaneous. These Terms of Use and any policies or operating rules posted by us on the Site and Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms of Use. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

  7. Translation of Terms of Use. Any translation of these Terms of Use is provided solely for your convenience and is not intended to modify the terms of these Terms of Use. In the event of a conflict between the English version of these Terms of Use and a version in a language other than English, the English version shall control.

  8. Contact Us. In order to resolve a complaint regarding the Site or the Services or to receive further information, please contact us at:

BIEASES

Powered by Sailing Union Capital Holding

P.O.Box 1960

Danville, CA 94526

Phone: +1 (925) 608 - 3166

Email: support@bieases.com