Terms Of Use

Here is what we wanted our legal stuff to say:

You behave. We behave. You're responsible for your content. We set the rules. We are not liable for anything.

Unfortunately, our legal counsel advised us they could not bill us for just one sentence.  So, this so we have expanded it to say: 

Users of Be Wise agree to the following:

SPAM

YOU MAY NOT SPAM!!!

Every email sent from Be wise allows the recipient to opt out with a click of an unsubscribe link that is automatically added to the bottom of every email. Opting out of any Be Wise mailing list shall occur within 24 hours. 

ISPs and Blacklist Administrators may contact us at This email address is being protected from spambots. You need JavaScript enabled to view it.. Please include the email in question when contacting Be Wise, including all headers. You may also call Be Wise at (732) 553-8212 - although we prefer email.

All emails you send our must have given you their permission to send to them and not have requested to be removed from your list. 

Content

By the nature of a public site, there may be content that offends or has false information. Be Wise is not responsible, nor endorses, the content created by its users. Be Wise may, but has no obligation to, remove content from time to time or edit content to make it more presentable. 

As a Member, you agree not to post any content that is misleading, libelous, defamatory, obscene, violent, bigoted, hate-oriented, illegal and/or promoting illegal goods, services or activities. You are responsible for all submitted Content and the consequences of submitting and publishing your Content. You affirm, represent and warrant that you own, or have the necessary licenses, rights and consent to publish Content you submit. You grant Be Wise (and its successors and affiliates) a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display and use the Content you submit in any format and through any channel. This right terminates within a commercially reasonable time after you remove or delete your content.

You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise use Content for any purposes without the prior written consent of Be Wise or the Content owner. However, you are free to link any content on our site. You may not claim any content posted on Be Wise as your own, unless you created or own the copyright.

Be Wise does not endorse any Content or any opinion, recommendation, or advice expressed therein and expressly disclaims any and all liability in connection with Content submitted by its Members.

Your Behaviors

If you are reading this, you are a user of Be Wise.

Users may terminate services at any time and agree to pay for the products or services already committed to use.

Users may opt in or opt out of any newsletters, groups or teams at any time.

Users are responsible for the activity that occurs on his/her account, so keep your password secure. Users must notify Be Wise immediately of any breach of security or unauthorized use of his/her account. Users may be liable for the losses of Be Wise or others due to unauthorized use.

Users agree not to use or launch any automated system, including "robots", "spiders", or "offline readers" that accesses our content in a manner that sends more information requests in a given period of time than a human can reasonably type in the same period of time. Be Wise grants the operators of public search engines an exception to this in order to copy materials from the site for the sole purpose of, and to the extent necessary for, creating publicly searchable indices. Be Wise reserves the right to revoke this exception either generally or specifically. Users agree not to harvest or collect any personally identifiable information, including account names.

Users shall defend and indemnify and hold anyone involved in any way with Be Wise harmless from any claim or demand due to users' actions.

Users agree not to circumvent or interfere with security-related features that prevent or restrict use or copying any Content or enforce limitations on use of the Content or Services.

Be Wise Behavior

Be Wise does not sell user information to third parties and will use it to communicate with users as desired. Information and content provided by users, with the exception of payment information, will be used to promote Be Wise and/or Users.

Be Wise uses cookies and third party services for the purpose of tracking ads, analytics and storing preferences. We may use confidential information, in a limited manner, to facilitate user's payment and service needs.

Be Wise may, using our sole discretion, modify or revise these Terms of Use or change or discontinue Services or Content at any time. Users agree to be bound by such modifications or revisions.

Be Wise reserves the right to terminate all services to User who are acting unprofessionally, illegally, or in any manner which may hurt the value of the Be Wise website, brand or company.

Image Usage

Be Wise may allow users to upload images from 3rd party image providers.  Each of these providers has their own terms and conditions, which are displayed at the time the user is offered these images.  Use of these images represents user's agreement of their understanding and complying with these terms.

Digital Millennium Copyright Act

If you are a copyright owner or agent and believe that Content on the Be Wise website infringes on your copyrights, pursuant to the Digital Millennium Copyright Act (DMCA), you should notify Be Wise and provide the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  • A physical or electronic signature by an authorized agent regarding an exclusive right that is allegedly infringed.
  • Identification of the copyrighted work(s) in question.
  • Identification and location of the material in question sufficient to permit Be Wise to locate and remove the material.
  • Information reasonably sufficient to contact you such as an address, telephone number and email.
  • A good faith statement that you believe that use of the material is not authorized.
  • A statement that notification is accurate, and under penalty of perjury, that you are the owner of the material in question or are authorized to act on behalf of the owner.

DMCA notices should be sent to: attn: Infringement, Be Wise, LLC, 8998 Route 18, Old Bridge, NJ 08857. If you fail to comply with all of the requirements, your DMCA notice may not be valid.  If you have a pattern of unsubstantiated complaints Be Wise may chose to not remove requested content and direct you to deal with the offending party directly.

Counter-Notice: If your Content was removed, but you believe that it is not infringing on anyone else's rights, you may send a counter-notice containing the following information to Be Wise:

  • Identification of the Content that has been removed and where it was located prior to being removed. A signed statement that you have a good faith belief that the Content was removed due to a mistake or incorrect identification of the Content.
  • Your name, address, telephone number and email address.
  • A signed statement that you consent to the jurisdiction of the federal court in Middlesex County, NJ including a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by Be Wise, a copy of the counter-notice may be sent to the original complaining party, informing that person that the removed Content may be replaced in ten business days. Unless the copyright owner files and action seeking a court order against the Content provider, the removed Content may then be replaced.  In all cases user's indemnify and hold Be Wise harmless for the postings and content of it's users/members.

Sale of Items and Services

If you post any items or services for sale, you must clearly describe your offer and state special terms or conditions which may affect the offer. If you post a retail price, it should be no higher than the retail price you post for this item at any other location.

Taxes and Legal Rights

Be Wise acts as a marketing organization on behalf of its Members, Vendors and affiliates. These parties state they have the legal rights to offer items or services and agree to comply with any relevant laws or conditions and accept all tax and legal consequences, in any form, for any actions they initiate or are involved in. Payees may be required to provide a valid Federal US Tax ID prior to receiving funds from Be Wise.

Be Wise may accept payments for items and Services Members offer. Be Wise will transfer these payment to the Member offering these items or Services, less any fees charged for such services as set forth on the payment schedule for that Member, as seen in the Member's Dashboard.

Be Wise has the right to withdraw or collect payments of payee in the following circumstances:

  • Customer Disputes Charges
  • Refund Request
  • Customer Dissatisfaction
  • Any other issue(s) with the Member that causes Be Wise to return funds
  • Actions of the payee are determined to be improper
  • Fraud or damage caused by the payee

Be Wise is obligated to provide the payee a reason for such action and shall provide documentation to the Member. The Member can then pursue further action directly with the customer.

Actions of Be Wise against a User

In the event Be Wise has legal action against a User, Be Wise shall be entitled to all legal and collection costs as well as interest at the rate of 1.5%/month for any unpaid balances for as long as the balance remains unpaid.

Liability

You relieve Be Wise from any and all liability arising from navigating from links within Content to other websites.

You agree that Be Wise shall not be liable to you, or any third party, for any consequential, exemplary, special, incidental or punitive damages including, but not limited to, loss of goodwill, lost profits, business interruption, and lost programs or other data.

Disclaimer of Warranties

To the fullest extent permissible pursuant to applicable law, Be Wise disclaims all warranties implied, including, but not limited to (A) merchant-ability, fitness for a particular purpose or non-infringement of third party rights, (B) there are no viruses or other harmful components within Be Wise company-created Content, (C) Be Wise's security methods will be sufficient, (D) regarding correctness, accuracy or reliability, or (E) against interference with enjoyment of the publisher's information or website. All "information" and "computer programs" provided to you in the course of this agreement are provided with all faults and the entire risk as to satisfactory quality, performance, accuracy and effort is with user.

Venue

User agrees that, in the event of any disputes or legal action, the venue of all actions shall be considered Middlesex County, NJ, USA. All legal matters shall be handled by the American Arbitration Society in Middlesex County, NJ, USA. both parties shall pay the initial consultation fee. If one party does not pay this fee, the paying party shall win the case by default. During or after the conclusion of arbitration, the arbitrator may choose which party(ies) shall be responsible for arbitration fees.