IMPORTANT – BEFORE INSTALLING, ACCESSING, OR USING ANY PART OF THE BEYOND WEB SITE LOCATED AT WWW.BEYONDFINANCE.COM AND ANY PROGRAMS, SERVICES, PRODUCTS, MATERIALS, DOCUMENTATION, AND INFORMATION AVAILABLE THROUGH THE SITE OR USED IN CONNECTION THEREWITH (COLLECTIVELY, THE “SITE”), YOU SHOULD READ THE FOLLOWING TERMS AND CONDITIONS CONTAINED IN THIS TERMS OF SERVICE AGREEMENT (THE “TOS”) CAREFULLY AS THEY GOVERN YOUR ACCESS TO AND USE OF THIS SITE. BEYOND IS WILLING TO LICENSE THE USE OF THE SITE TO YOU ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS TOS. IF YOU DO NOT AGREE WITH THIS TOS, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THIS SITE AND ARE INSTRUCTED TO EXIT THIS SITE IMMEDIATELY.
1. LICENSE GRANT.
This Site is provided by Beyond. This TOS provides you, a “User”, with a personal, revocable, limited, non-exclusive, royalty-free, nontransferable license to use this Site conditioned on your continued compliance with the terms and conditions of this TOS. You may print and download materials and information from this Site solely for your personal use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information. This TOS is a license and not an assignment or sale. Any rights granted hereby are licensed and not sold or otherwise transferred to you. Accordingly, you expressly acknowledge and agree that Beyond transfers no ownership or intellectual property interest in and to the Site to you or anyone else.
2. USER OBLIGATIONS.
By installing, accessing, or using this Site, you represent that you are at least eighteen (18) years of age and will, at all times, provide true, accurate, current, and complete information when submitting information or materials on this Site, including, without limitation, when you provide information via a Site registration form. If you provide any false, inaccurate, untrue, or incomplete information, Beyond reserves the right to terminate your access and use of this Site. In addition, you agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of this Site and agree not to interfere with the use and enjoyment of this Site by other Users and Beyond’s operation or management of this Site. Moreover, you agree not to impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or representative of Beyond, when using this Site.
Use of the Internet and this Site is solely at your own risk and is subject to all applicable local, state, national, and international laws and regulations. While Beyond has endeavored to create a secure and reliable Site, you should understand that the confidentiality of any communication or material transmitted to/from the Site over the Internet or other global communication network cannot be guaranteed. Moreover, you understand that the technical processing and transmission of the Site may involve transmission over various networks. Accordingly, Beyond is not responsible for the security of any information transmitted via the Internet, the accuracy of the information contained on the Site, or for the consequences of any reliance on such information. You assume sole and complete risk for using this Site and must make your own determination as to these issues.
3. LICENSE GRANT RESTRICTIONS.
Notwithstanding the foregoing, you may not modify, alter, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, reproduce, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, grant a security interest in, transfer any right(s) in, or otherwise use in any manner not expressly permitted herein the Site. Moreover, you may not (i) use any “deep link,” “page scrape,” “robot,” “spider,” or other automatic device, program, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Site or in any way reproduce or circumvent the navigational structure or presentation of the Site to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Site, (ii) attempt to gain unauthorized access to any portion or feature of the Site or any other systems or networks connected to the Site or to any Beyond server or to any of the services offered on or through the Site, by hacking, password “mining,” or any other illegitimate means, (iii) probe, scan, or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site, (iv) reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Site, (v) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Beyond’s systems or networks or any systems or networks connected to the Site, (vi) use any device, software, or routine to interfere with the proper working of the Site or any transaction conducted on the Site, or with any other person’s use of the Site, and (vii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Beyond on or through the Site. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COPYING OR REPRODUCING ANY SERVICES, PROGRAMS, PRODUCTS, OR MATERIALS PROVIDED BY BEYOND TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. Actual or attempted unauthorized use of the Site may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986. Beyond reserves the right to view, monitor, and record activity on the Site without notice or permission from you. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal activity on the Site. Beyond will also comply with all court orders involving requests for such information. In addition to the foregoing, Beyond reserves the right to at any time, and without notice, to modify, suspend, terminate, or interrupt operation of or access to the Site, or any portion of the Site, for any reason.
4. TERM AND TERMINATION.
This TOS will take effect at the time you begin accessing, or using this Site, whichever is earliest. Beyond reserves the right at any time and for any reason to deny you access to the Site or to any portion thereof and to terminate this TOS. This TOS will terminate automatically if you fail to comply with the limitations described herein. Termination will be effective without notice. You may terminate at any time by ceasing to use the Site, but all applicable provisions of this TOS will survive termination, as outlined below. Upon termination, you must destroy all copies of any aspect of the Site in your possession. The provisions of this TOS concerning proprietary and intellectual property rights, submissions, events beyond Beyond’s control, confidentiality, indemnity, representations and warranties, disclaimers of warranty and liability, availability of records, admissibility of this TOS, termination, and governing law will survive the termination of this TOS for any reason.
5. PROPRIETARY RIGHTS.
All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including html code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of any content contained on or available through the Site, unless otherwise indicated, are owned, controlled, and licensed by Beyond and are protected by law including, but not limited to, United States copyright, trade secret, patent, and trademark law, as well as other state, national, and international laws and regulations. Except as expressly provided herein, Beyond does not grant any express or implied right to you or any other person under any intellectual or proprietary rights. Accordingly, your unauthorized use of this Site may violate intellectual property or other proprietary rights laws as well as other laws, regulations, and statutes. Please be aware that Beyond actively and aggressively enforces its intellectual property rights to the fullest extent of the law. This Site is Copyright © 2017 Beyond Finance and/or its licensors. All rights reserved. Beyond also owns a copyright in the contents of the Site as collective work and/or compilation and in the selection, coordination, arrangement, and enhancement of the content of this Site. Any software and other downloadable or printable programs, information, or materials available through this Site and all copyrights, trade secrets, and know-how related thereto, unless otherwise indicated, are owned by Beyond. The Beyond logo, and all other names, logos, and icons identifying Beyond and its products and services are proprietary trademarks of Beyond, and any use of such marks without the express written permission of Beyond is strictly prohibited. Other product and company names mentioned herein may be the trademarks and/or service marks of their respective owners.
7. FORWARD LOOKING STATEMENTS.
This Site may from time to time contain or provide links to certain forward-looking statements – within the meaning of the Private Securities Litigation Reform Act of 1995 which includes all statements that address operating performance or events or developments that Beyond expects or anticipates will occur in the future. Forward-looking statements may be identified by the use of words like “plan,” “expect,” “believe,” “intend,” “will,” “anticipate,” “estimate” and other words of similar meaning. Forward-looking statements are based on current expectations of future events. The forward-looking statements contained in the Site are and will be based on Beyond’s then current views and assumptions and speak only as of the date upon which they were originally published. All forward-looking statements contained in the Site are subject to certain risks and uncertainties. If underlying assumptions prove inaccurate or unknown risks or uncertainties materialize, actual results could vary materially from expectations and projections. Furthermore, Beyond undertakes no obligation to update or revise any forward-looking statements whether as a result of new information, future events and developments or otherwise. You are therefore cautioned not to place any reliance on any forward-looking statements contained in this Site.
8. PRESS/NEWS RELEASES.
Beyond will from time-to-time release press/news releases, which are offered as a service for informational purposes. Please note that all information is accurate as of the date of the release and may not be accurate on the date upon which you are viewing this Site. Your reliance on or use of any information contained in a press/news release is at your own risk.
Beyond welcomes your feedback and suggestions about how to improve this Site. By transmitting any suggestions, information, material, or other content (collectively, “feedback”) to Beyond, you represent and warrant that such feedback does not infringe the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that you have all rights necessary to convey such feedback to Beyond. In addition, any feedback received through this Site will be deemed to include a royalty-free, perpetual, irrevocable, transferable, non-exclusive right and license for Beyond to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, and display (in whole or in part) worldwide, or act on such feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you hereby waive any claim to the contrary.
10. THIRD PARTY PRODUCTS/SERVICES.
You acknowledge and agree that this Site may feature materials, products, and services provided by Users and third parties. Beyond makes no representations with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, reliability, or correct sequencing of such third party materials, products, and services. Beyond expressly disclaims responsibility and liability for all third party provided materials, products, and services contained on or accessed through the Site.
11. ADVERTISERS ON THIS SITE.
Beyond, in its sole discretion, may post the advertisements of third parties on this Site. Your correspondence or any other dealings with advertisers found on this site are solely between you and such advertiser. You agree that Beyond shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such advertisers on this Site. Moreover, Beyond shall not be responsible or liable for the statements or conduct of any third party on this Site.
12. LINKS TO OTHER SITES.
Beyond may provide links, in its sole discretion, to other sites on the World Wide Web for your convenience in locating related information, products, and services. These sites have not necessarily been reviewed by Beyond and are maintained by third parties over which Beyond exercises no control. Accordingly, Beyond expressly disclaims any responsibility for the content, the materials, the accuracy of the information, and/or quality of the products or services provided by or advertised on these third party web sites. Moreover, these links do not imply an endorsement with respect to any third party or any web site or the products or services provided by any third party.
13. LINKS TO THIS SITE.
Beyond encourages and permits text links to this Site and its content. Beyond is an organization committed to the highest ethics and standards and therefore, any links to this Site should not suggest that Beyond promotes or otherwise endorses any third party products, services, causes, campaigns, websites, content, or information. Moreover, no link may be used for commercial or fundraising purposes. Beyond also reminds you that a link may not use or include any Beyond logos, content, or designs without the express written consent of Beyond.
WHILE BEYOND ENDEAVORS TO PROVIDE THE MOST ACCURATE, UP-TO-DATE, AND RELIABLE INFORMATION, SERVICES, PROGRAMS, PRODUCTS, SOFTWARE, SERVICES, AND MATERIALS AVAILABLE, THE INFORMATION, SERVICES, PROGRAMS, PRODUCTS, SOFTWARE, SERVICES, AND MATERIALS AVAILABLE ON OR THROUGH THIS SITE ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. MOREOVER, BEYOND MAY MAKE MODIFICATIONS AND/OR CHANGES IN THIS SITE OR IN THE INFORMATION, SERVICES, PROGRAMS, PRODUCTS, SOFTWARE, SERVICES, AND MATERIALS DESCRIBED IN OR AVAILABLE THROUGH THIS SITE AT ANY TIME AND FOR ANY REASON. YOU ASSUME THE SOLE RISK OF MAKING USE AND/OR RELYING ON THE INFORMATION, SERVICES, PROGRAMS, PRODUCTS, SERVICES, AND MATERIALS AVAILABLE ON OR THROUGH THIS SITE. BEYOND MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY, OR ACCURACY OF THE INFORMATION, SERVICES, PROGRAMS, PRODUCTS, SERVICES, AND MATERIALS DESCRIBED ON OR AVAILABLE THROUGH THIS SITE FOR ANY PURPOSE. BEYOND ALSO DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PROGRAM IS NOT AVAILABLE IN ALL STATES.
15. LIMITATION OF LIABILITY.
IN NO EVENT SHALL BEYOND AND ITS AFFILIATES AND ALL OF THEIR EMPLOYEES, AGENTS, DIRECTORS, OFFICERS, PROPRIETORS, PARTNERS, REPRESENTATIVES, SHAREHOLDERS, ATTORNEYS, PREDECESSORS, SUCCESSORS, AND ASSIGNS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR WITH THE DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, SERVICES, PROGRAMS, PRODUCTS, SERVICES, AND MATERIALS AVAILABLE THROUGH THIS SITE, OR FOR ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM, OR OTHERWISE ARISING OUT OF UTILIZATION OF THIS SITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF BEYOND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OF DAMAGES OR LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF BEYOND UNDER SUCH CIRCUMSTANCES SHALL NOT EXCEED, ONE HUNDRED ($100.00) DOLLARS IN THE AGGREGATE. IF ANY REMEDY HEREUNDER IS DETERMINED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, ALL LIMITATIONS OF LIABILITY, DISCLAIMERS AND EXCLUSIONS OF WARRANTIES AND DAMAGES SET FORTH IN THIS AGREEMENT SHALL REMAIN IN EFFECT.
You agree to defend, indemnify, and hold harmless Beyond and its affiliates and all of their employees, agents, directors, officers, proprietors, partners, representatives, shareholders, attorneys, predecessors, successors, and assigns from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees and litigation expenses), relating to or arising from your use of the Site, any breach by you of this TOS, or the submission by you of any material via the Site. Beyond reserves the right to take over the exclusive defense of any third party claim or action and in such event, you shall provide Beyond with such cooperation as is reasonably requested by Beyond. You hereby release Beyond and its affiliates and all of their employees, agents, directors, officers, proprietors, partners, representatives, shareholders, servants, attorneys, predecessors, successors, and assigns from claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your use of the Site.
17. GENERAL PROVISIONS.