TERMS OF SERVICE

Welcome to the Be the Change ("Be the Change") Terms of Use. Be the Change is an app that is owned and operated by Beamdata, Inc. These Terms of Use ("Terms") govern your access and use of the Be the Change app (the "App") and/or any other services provided by Be the Change, including content (collectively, the "Services").

You understand that these Terms are a legally binding contract between you, the user ("you(r)" or "user(s))"), and Be the Change (owned and operated by Beamdata, Inc.) ( collectively referred to as "Us," "We," "Our" or "Be the Change"). We reserve the right, in our sole discretion, to change or modify portions of these Terms at any time without further notice. You should periodically visit this page to review the current Terms, so you are aware of any revision to which you are bound. If you do not agree to abide by these or any future Terms, do not use or access (or continue to use or access) the Services. Please review these Terms carefully.

THESE TERMS CONTAIN AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER. By agreeing to the Terms, you agree to resolve all disputes through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and that you waive your right to participate in class actions, class arbitrations, or representative actions. This is explained more in detail under Section 15

1. Your Privacy: By agreeing to these Terms you also agree to our Privacy Policy, you can review here: Privacy Policy

Be the Change utilizes MongoDB, Inc. ("MongoDB"), Node.js, and Heroku to deliver the Services. To use the Services, you may be required to provide personal information such as your name, email address, and home address, etc. to us, MongoDB, Node.js, Heroku, and/or any third-party providers (“Third-Party Service Providers”) we use to deliver the Services. Third-Party Service Providers may hold this information on their servers and Be the Change may not always be able to see and view what information is collected. Therefore, each of the Third-Party Service Providers (MongoDB, Node.js, Herkoku, and any additional third-party service providers) are separately responsible for the personal information received. That means that we cannot be responsible or liable for what any Third-Party Service Provider does with any information received from you. Third-Party Service Providers are solely responsible for the privacy procedures they put in place and what they do with your information.

2. Use of our Services: You must be at least 18 years old to use our Services. Users aged 13 - 17 should not use our Services without parental permission and oversight. Children 13 and younger should not use our App at all. By using our Services, you warrant and represent that you are at least 18 years of age or have parental permission and oversight to use these Services. See our privacy policy for what to do if you are a parent who believes their child may have incorrectly communicated information to us.

We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services, however, you must comply with the following at all times:

❖ You will only use the Services for legal purposes and in a way that does not infringe upon the rights of any others, including intellectual property rights;

❖ You will not use the Services in a way that restricts or inhibits the use and enjoyment of the Services by any other user or third-party;

❖ You will only post truthful content and will not post or communicate offensive, racist, hateful, discriminatory, obscene, vulgar, distressful, libelous, false, or defamatory language on the Site or through the Services;

❖ You will not violate any of these Terms;

❖ You will not steal, reverse engineer, and/or attempt to obtain source code, or illegally harvest any other aspects of the Services;

❖ You will not do anything to interfere with the proper functioning of the Services, including, but not limited to, planting viruses, harming systems, etc.;

❖ You will pay all amounts owed under any transaction you participate in through the Services including any applicable tax as may be necessary; and

❖ You will follow all Be the Change Policies and Terms

Be the Change reserves the right to terminate your access to the Services at any time, and without prior notice, with or without reason. However, your use of the Services will be suspended indefinitely if you violate any of the above. Termination of access does not limit any rights or remedies in law or in equity of Be the Change.

3. Registration: You may create an account to use the Services directly in the App or through a third-party service such as Google and/or Facebook. Review our Privacy Policy relating to the information collected and what is done with it before submitting any information to create your account.

To create an account, you must provide your name, email address, and password. Providing a personal photograph is optional. To complete the registration process, you must provide your home address, which helps us identify your elected official. Your profile must not include any profanities or obscenities, or information that infringes on any intellectual property rights. We see all information you provide, including your password. You are solely responsible for maintaining your account and password and should keep your password protected and secure.

You are solely responsible for any and all actions that occur under your account and password. This means you are responsible for ensuring your account abides by all of Be the Change policies and these Terms. You may not transfer your account for use by any third party. You acknowledge that Be the Change has no responsibility or liability for the deletion or failure to store any data or other content maintained or transmitted by the Service. Be the Change acts solely as a facilitator, and you, or any entity you are authorized to represent, do not have an agency, partnership, joint venture, employment, or franchisee relationship with Be the Change by utilizing our Services.

4. Modification to Services: Be the Change reserves the right to modify or discontinue, temporarily or permanently, the Services (or any part or content thereof). You agree that Be the Change shall not be liable to you or any third-party for any modification, suspension or discontinuance of the Services.

5. Accuracy, Completeness, and Timeliness of Information We are not responsible if information made available on this App is not accurate, complete or current. The material on this App is provided for general information and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this App is at your own risk.

This App may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this App at any time, but we have no obligation to update any information on our App. You agree that it is your responsibility to monitor changes to our App.

6. Content on the Services: Any images, writing, comments, neighborhood complaints, upvotes, downvotes, feedback, testimonials, notes, ideas, suggestions, third-party links and/or other content you post through our Services, which includes on the App, ("Content") is yours and you are solely responsible and liable for it. You warrant and represent to us that you have the rights to post any of your Content and that you are not infringing on anyone’s intellectual property or other rights by posting it.

We do not endorse or support any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. All posts should contain truthful and accurate content to the best of your knowledge. All Content is the sole responsibility of the person who originated such Content. We take no responsibility and assume no liability for any Content posted by you or any third-party.

Be the Change is not responsible for ensuring any response from political representatives and makes no guarantees of outcomes. Be the Change is not responsible for any illegal campaign advertising or communications of any of the users of the App. All users are responsible for their own actions and communications taken through, or in reliance on, the App.

We may not monitor or control the Content posted via the Services and we cannot take responsibility for such Content, including comments from elected officials. All posts must follow the policies contained in these Terms. Users are requested to report any content they believe is harmful, abusive, violent, etc. We reserve the right to remove Content that, in our sole discretion, violates any party’s intellectual property or these Terms and take any further appropriate action to maintain the safety and civility of the Be the Change platform.

The Content you post is yours. You retain all ownership rights to the text, photos, video, responses and other content you submit to and through the App. However, by posting your Content, you grant Be the Change a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of your Content. This allows us to provide the Services and to promote Be the Change in any formats and through any channels. For example, if you post a comment, complaint, or other post, you give us permission to store, copy, and share it with others (consistent with your settings), including service providers that support our Services. You warrant and represent that you will not assert any moral, intellectual property, or rights of publicity against Be the Change for using your Content. You recognize we have a legitimate interest in using your Content, including your username and understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

If you believe any other user or third party has infringed on your intellectual property rights to your Content, send a notice to the email address shown below. Please provide ALL of the following information (as required by 17 U.S.C. §512(c)(3)):

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

● Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;

● Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

● Information reasonably sufficient to permit us to contact you, such as your name, mailing address, telephone number, and email address;

● This statement: “I have a good faith belief that use of the material in the manner complained of is not authorized by the material’s owner, or its agent, or the law.”; and

● A statement that the information in the notification is accurate and that the signatory to the notice has the authority to enforce the rights that are the subject of the infringement claim.

Upon receipt of the above information, we will promptly investigate and take appropriate action, then notify you of that action at the contact address provided.

Designated Agent for Notification of Claimed Copyright Infringement: info@beam-data.com

7. User Communications: If, you submit written content, communications, neighborhood complaints, and/or other materials, whether through the App, online, by email, by postal mail, or otherwise (collectively, "Communications"), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Communications that you forward to us. We are and shall be under no obligation (1) to maintain any Communications in confidence; (2) to pay compensation for any communications; or (3) to respond to any Communications, except as may be required by law.

8. Third-Party Links. Certain content and Services available via our Service may include materials and links to/from third-parties.

Any ads or third-party links on this App may direct you to third-party apps or websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the use of goods, services, resources, content, or any other transactions made in connection with any third-party websites or products. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

9. Our Intellectual Property: Intellectual property, including copyrights, patents, trademarks and other property or proprietary rights (registered and unregistered), located in and on this App are owned and/or licensed by Be the Change or otherwise used by Be the Change as permitted by applicable law. Be the Change reserves all of its rights to its content including, but not limited to, it’s logo, branding, written content, etc. Nothing in these Terms grant you a right or license to use any trademark, design right, content, or copyright owned or controlled by Be the Change or any other third-party.

10. Mobile App: If you download and install the App, we give you a limited, revocable, non-transferable license to use it only to access and use the App through your iOS or Android product; additional terms may apply from the site you download it from (the applicable app store) or the manufacturers of your device or software.

11. Compliance: In addition to our Terms and Privacy Policy, and any other current or future applicable policy, all users agree to abide by all applicable laws and regulations pertaining to the use of our Services.

12. Errors, Inaccuracies, and Omissions. : Occasionally there may be information on our App or in the Service that contains typographical errors, inaccuracies or omissions. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any information in the Service is inaccurate at any time without prior notice.
We undertake no obligation to update, amend, or clarify information in the Service except as required by law. No specified update or refresh date applied in the Service, should be taken to indicate that all information in the Service has been modified or updated

13. Indemnification: You agree to indemnify, defend, and hold harmless Be the Change, its owners, affiliates, subsidiaries, directors, officers and employees (collectively "Indemnified Person(s)") from and against any and all third-party claims and any related liability, loss, and expense (including damage awards, settlement amounts, and reasonable legal fees), brought against any Indemnified Person(s), arising out of, related to, or which may arise from, your use of the Services or App in which Be the Change has no liability or responsibility as described in these Terms and/or your breach of any these Terms, and/or any

14. Disclaimers, No Warranties: BE THE CHANGE'S SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE DISCLAIM ANY AND ALL WARRANTIES INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ETC. YOU USE THESE SERVICES AT YOUR OWN RISK. BE THE CHANGE DOES NOT REPRESENT OR WARRANT THAT THE APP WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE APP OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE ARE FREE FROM VIRUSES OR ANYTHING ELSE HARMFUL. FURTHER, EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS AND CONDITIONS, BE THE CHANGE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, ADEQUACY, USEFULNESS, RELIABILITY, OR COMPLETENESS OF THE APP, CONTENT, THE CONTENT OF ANY THIRD-PARTY WEBSITE LINKED TO OR FROM THIS APP, INFORMATION PROVIDED BY ANY ELECTED OFFICIAL, OR ANY OTHER ITEMS OR MATERIALS ON THE SITE OR LINKED TO FROM THE SITE.

BE THE CHANGE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES OR INACCURACIES OF THE CONTENT, INFORMATION, AND MATERIALS SET FORTH ON OR MADE AVAILABLE THROUGH THE APP, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE APP, OR ANY THIRD-PARTY WEBSITE(S), (C) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVERS THAT HOST THE APP OR ANY THIRD-PARTY WEBSITE(S) AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE APP OR THIRD-PARTY WEBSITE(S), (E) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE APP OR ANY THIRD-PARTY WEBSITE(S) BY BE THE CHANGE OR ANY THIRD-PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN THE NETWORK OR ANY CONTENT, INFORMATION AND MATERIALS (INCLUDING BUT NOT LIMITED TO THIRD-PARTY WEBSITE(S)) OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY OF THE FOREGOING.

To the extent that a jurisdiction does not allow all of the limitations on implied warranties, the prohibited limitations shall not apply to you, however, the remainder shall be applicable.

15. Limitation of Liability. BE THE CHANGE AND ITS OWNERS, DIRECTORS, EMPLOYEES, ETC. SHALL NOT BE LIABLE TO YOU OR ANY THIRD-PARTY FOR LOST PROFITS OR REVENUES, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF, OR IN CONNECTION WITH YOUR USE OF THE SERVICES OR THESE TERMS. IN NO EVENT SHOULD OUR AGGREGATE LIABILITY FOR ANY DAMAGES EXCEED $100.00.

If you are in a jurisdiction in which limitations on consequential and other damages are prohibited, the prohibited limitations shall not apply to you, however, the remainder shall be applicable.

BE THE CHANGE SHOULD NOT BE USED IN PLACE OF ANY EMERGENCY SERVICES OR NOTIFICATION TO APPROPRIATE AUTHORITIES. IF ANY USER IS WITNESSING OR EXPERIENCING AN EMERGENCY THEY SHOULD CONTACT THE APPROPRIATE AUTHORITIES.

16. Disputes: The formation, construction, and performance of these Terms (and all other agreements incorporating this agreement by reference) must be construed in accordance with the laws of the United States and the Commonwealth of Pennsylvania without regard to their choice of law rules. The parties agree that any dispute arising out of or relating to these Terms must be submitted to confidential binding arbitration Allegheny County except that Be the Change may seek injunctive or other appropriate relief in any state or Federal court in Pennsylvania if you have violated or threatened to violate the intellectual property rights of Be the Change or a third-party. The parties agree that:

a. the arbitration will be provided by an alternative dispute resolution provider mutually agreed upon by the parties, and if the parties cannot agree, then through the American Arbitration Association ("AAA);

b. any judgment on the award rendered by the arbitrator is final, binding, and may be entered in any court of competent jurisdiction.

c. If any action or claim is filed in contravention of the arbitration rules provided in this section 15, the parties agree to personal jurisdiction and venue in the state and federal courts of Allegheny County, Pennsylvania and both waive the right to a jury trial. All claims filed or brought contrary to this section 15 are improperly filed, and the non-filing party is entitled to recover all attorneys fees and costs relating to dismissal of the improperly filed claim incurred after the non-filing party has given notice in writing of the improperly filed claim.

BE THE CHANGE AND USERS MUTUALLY AGREE THAT BY ENTERING INTO THIS AGREEMENT TO ARBITRATE, BOTH WAIVE THEIR RIGHT TO HAVE ANY DISPUTE OR CLAIM BROUGHT, HEARD, OR ARBITRATED AS A CLASS ACTION, COLLECTIVE ACTION, AND/OR REPRESENTATIVE ACTION, AND THE ARBITRATOR SHALL NOT HAVE ANY AUTHORITY TO HEAR OR ARBITRATE ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION ("CLASS ACTION WAIVER").

Notwithstanding any other clause contained in these Terms or the AAA Rules, any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. In any case in which (1) the dispute is filed as a class, collective, representative or private attorney general action and (2) there is a final judicial determination that all or part of the Class Action Waiver is unenforceable, the class, collective, representative and/or private attorney general action to that extent must be litigated in a civil court of competent jurisdiction, but the portion of the Class Action Waiver that is enforceable shall be enforced in arbitration.

17. Miscellaneous:

● Termination. As stated above, we can terminate a user’s use of the Services at any time. If a User no longer wishes to use the Services, they should cease all activity on the App and delete their account. These terms shall apply after you cease your relationship with Be the Change.

● Entire Agreement. These Terms (along with any other policies related to the Services) is the entire agreement between the parties and replaces all prior oral and written agreements. No oral modifications, express or implied, may change the terms of these Terms.

● Relationship of Parties. These Terms and other policies relating to the Services do not constitute a joint venture, partnership, agency, employment or fiduciary relationship between the parties.

● Successors, Assignment, and Delegation. These Terms carry over and continue to the benefit of, and bind, the successors, assigns, heirs, executors and administrators of the parties. However, you may not assign or delegate any right or duty under these Terms without written consent from Be the Change. Any attempt to do so is null and void. If there is an involuntary assignment, then Be the Change may reasonably request documentation from your successors or estate to prove that an involuntary assignment of your rights under these Terms has actually taken place.

● Means of Notice. Written notices and other communications described herein may be made electronically and are effective when sent or published, except as otherwise provided in these Terms. You guarantee that the information provided to us is accurate and hereby waive all rights or objections relating to not having received notices from Be the Change because of incorrect or incomplete information.

● Enforceability and Severability. If any provision of these Terms is held invalid or unenforceable, the remainder of these Terms will remain in full force and effect. If any provision is held invalid or unenforceable with respect to particular circumstances, it will remain in full force and effect in all other circumstances.

● Waivers. Waivers are only effective when in writing. If Be the Change waives enforcement of any term of this Agreement, later breaches of the same or other terms are not considered waived.

● Interpretation Rules. "Or" when used in a group of phrases or nouns intends to include any combination of all or any of the items in the group, and not merely one member or the other of such a group. When "includes" or "including" begins a list of items, the list is not exclusive. All headings used in these Terms are for convenience only and are not to be taken into account when interpreting the meaning of any term of these Terms.

● Reservation. Be the Change reserves all rights not expressly granted in these Terms.

● No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person(s) other than the parties.

● Retroactive Application. You agree that your acceptance of this version of these Terms and all other agreements incorporated by reference apply retroactively to your use of the Services prior to the effective date of these Terms.

Last Updated: 01/2021

Contact information: info@beam-data.com