TERMS OF -- USE
Please Read Carefully.
Last Updated: March 9, 2015
ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION CLA-- USE BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND BEYONDTAG WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT AND/OR CLASS-WIDE ARBITRATION.
1. CHANGES TO TERMS
2. -- USE OF THE SERVICES
Access to Services. BeyondTag retains the right, in our sole discretion, to deny service and/or access to and/or use of the Services and/or an account to anyone at any time and for any reason. While we use reasonable efforts to keep the Services and your account accessible, the Services and/or your account may be unavailable from time to time. You understand and agree that there may be interruptions to the Service and/or access to your account due to circumstances both within BeyondTag’s control (e.g., routine maintenance) and outside of BeyondTag’s control. You acknowledge and agree that the use of the Services is at your own risk, including without limitation the risk that you might be exposed to content that is offensive, indecent, inaccurate and/or objectionable. The Services may be modified, updated, suspended and/or discontinued at any time as determined by BeyondTag in its sole and absolute discretion and without notice and/or liability.
If we terminate your account, you may not subscribe under a new account unless we formally invite you. If you commit fraud and/or falsify information in connection with your use of the Services and/or in connection with your BeyondTag account, your account will be terminated immediately and we reserve the right to hold you liable for any and all damages that we suffer, and we may pursue legal action through relevant local and national law enforcement authorities and may notify your Internet Service Provider of any fraudulent activity we associate with you and/or your access to and/or use of the Services.
Communications from BeyondTag. By creating an account, you agree to receive certain communications in connection with the Service. For example, you might receive comments, promotions, events and/ or features. When you access and/or use the Services, you are communicating with us electronically, and you consent to receive communications from us electronically. We will communicate with you by e-mail and/or by posting notices on the Service. You agree that all agreements, notices, disclosures and/or other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Your Conduct. BeyondTag grants you the rights set forth herein, subject to the following conditions:
(a) You shall not modify, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Service;
(b) You agree not to submit or transmit any emails and/or materials through the Service that contain a virus, worm, ‘Trojan’ horse and/or any other harmful component;
(c) You may not access all or any part of the Service in order to build a product and/or service which competes with the Services;
(d) You shall not copy, store, reproduce, duplicate, transmit and/or distribute a significant portion of the content on the Services;
(e) You are responsible for the accuracy and quality of the data and content that you submit and will not violate the intellectual property rights of anyone including without limitation BeyondTag;
(f) You shall not submit content that is offensive, including without limitation, bigotry, racism, discrimination, hatred, and/or profanity;
(g) You agree not to intentionally hold BeyondTag and/or its employees and/or officers up to public scorn, ridicule and/or defamation;
(h) You will not promote and/or provide information about illegal activities and/or physical harm and/or injury to any group, individual, institution and/or property;
(i) You will use commercially reasonable efforts to prevent unauthorized access to and/or use of the Service, and to notify us promptly of any such unauthorized access and/or use;
(j) You will not submit content to the Services that violates applicable laws, contains personal information (unless we expressly ask for such information), and/or contains virus or malware;
(k) You will not attempt to do any of the following: access data not intended for you, monitoring the Service for data gathering purposes in an effort to track sales, usage, aggregate, pricing and/or similar information, interfere with the service to any user in any manner; and/or
(l) You shall not use the Service for any unlawful purpose and/or to violate any federal, state, international law, code of conduct and/or other guidelines, which may be applicable to the Service.
Orders. BeyondTag may, in its sole discretion, choose to not process and/or to cancel your order in certain circumstances. This may occur, for example, when the product and/or service you wish to purchase is out of stock and/or has been mispriced, we suspect the request is fraudulent, and/or in other circumstances BeyondTag deems appropriate in its sole and absolute discretion. Refunds for cancelled orders may be issued where appropriate. BeyondTag does not guarantee it offers best available rates and/or prices and does not guarantee against pricing errors.
Pricing. Items sold by BeyondTag and shipped within the U.S. are subject to applicable sales and use taxes, which will be added at checkout and advertised prices may include shipping and delivery charges. The sales tax quoted at time of checkout is only an estimate. The final total sales tax will be reflected on your invoice and will include state and local taxes, as well as any applicable fees. Each state’s tax laws specify what purchases are subject to sales tax. You acknowledge that you will have sole responsibility for all taxes, duties and other fees and charges relating to such order and you agree to pay all applicable amounts. BeyondTag makes no guarantee that prices advertised through the Service represent the lowest price for products and/or services. If delivery charges are not included in the advertised price, such costs will be added at checkout. Occasionally there may be an error and/or omission related to the pricing and/or description of advertised products. We reserve the right to change, modify, substitute, suspend and/or remove without notice any information related to items for sale.
Shipping and Delivery. Shipping and tracking options and applicable charges will be stated in the deal terms and will vary by offer. Shipment may be limited to specific geographic locations. Additionally, shipping and delivery estimates are only estimates and do not guarantee delivery times.
Merchants. Your correspondence and/or business dealings with, and/or participation in promotions of, merchants found on or through the Services, including without limitation payment and delivery of related goods or services, and any other terms, conditions, warranties, and/or representations associated with such dealings, are solely between you and such merchant. You acknowledge and agree that BeyondTag will not be responsible and/or liable for any loss and/or damage of any sort incurred as the result of any such dealings with such merchant or as a result of the presence of such merchants on the Services.
4. ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on the Services that contain typographical errors, inaccuracies, and/or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to: (i) revoke any stated offer; (ii) correct any errors, inaccuracies, and/or omission; and/or (iii) make changes to prices, content, promotion offers, product descriptions and/or specifications, and/or other information without obligation to issue any notice of such changes (including after an order has been submitted, acknowledged, shipped, or received, except as prohibited by law). We also reserve the right to limit quantities (including after an order has been submitted and/or acknowledged) and to revise, suspend, and/or terminate an event, and/or promotion at any time without notice (including after an order has been submitted and/or acknowledged). The offer of any products at a particular time does not guarantee that the products will be available.
5. OWNERSHIP AND PROPRIETARY RIGHTS AND LICENSES
Reservation of Rights. The materials, headers, videos, illustrations, photographs, graphics, icons, trade dress and/or other content on the Service (“Content”), as well as the organization and/or layout of the Service, are copyrighted and are protected by United States and international copyright laws and treaty provisions. BeyondTag owns, controls, lawfully uses and/or licenses the Content on the Service. BeyondTag’s name and logo may not be copied, imitated and/or used, without BeyondTag’s prior written permission. Subject to the limited rights expressly granted hereunder, BeyondTag and/or its third party providers reserve all right, title and interest in and to the Services and Content, including all related worldwide intellectual property rights. No rights are granted to you hereunder other than as expressly set forth herein.
Posted Content. Please carefully choose the information that you post on, through and/or in connection with the Service and that you provide to other users. While we may offer you the ability to post User Content anonymously, please be aware that your account information is still stored by us. Notwithstanding anything herein to the contrary, BeyondTag should not be seen as endorsing any User Content in any way. You acknowledge and agree that you have no expectation of privacy with regard to any User Content. If you become aware of misuse of the Service by any person, please contact us. BeyondTag may reject, refuse to post and/or delete User Content, in its sole and absolute discretion. Notwithstanding anything herein to the contrary, BeyondTag is not obligated to take any action not required by law.
Feedback. Please keep in mind that we do not seek any unsolicited ideas and/or materials for the Services. If you provide us (in a direct mail, email and/or otherwise) with any feedback, suggestions, improvements, enhancements, recommendations and/or feature requests relating to the Services (“Feedback”), then you further grant to BeyondTag a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate any such Feedback. BeyondTag has no obligations to review any Feedback and may use and redistribute Feedback for any purpose without restriction in its sole and absolute discretion.
6. PROHIBITED -- USE
Gathering email addresses from BeyondTag, harvesting and/or posting and/or transmitting unauthorized and/or unsolicited advertising, promotional materials, and/or any other forms of solicitation to other users is prohibited. We also prohibit crawling, scraping, caching and/or otherwise accessing any content on the Services via automated means, including but not limited to user profiles and/or photos (except as may be the result of standard search engine protocols and/or technologies used with BeyondTag’s express written consent). You may not use the Service in any manner that could damage, disable, overburden, and/or impair the Service and/or interfere with any other party's use and/or enjoyment of the Service. You may not obtain and/or attempt to obtain any materials and/or information through any means not intentionally made available and/or provided for through the Services. Please do not interfere with the proper working with the Services, including without limitation by placing an unreasonable load on the Service’s infrastructure.
8. INDEMNIFICATION AND RELEASE
You are solely responsible for your interactions with merchants and other users of the Service. To the extent permitted under applicable laws, you hereby release BeyondTag from any and all claims or liability related to any product or service of a merchant, any action or inaction by a merchant, including but not limited to any harm caused to you by action or inaction of a merchant, a merchant’s failure to comply with applicable law and/or failure to abide by the terms of a merchant offering and any conduct, speech and/or User Content, whether online and/or offline, of any other third-party.
9. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
THE SERVICE AND CONTENT ARE PROVIDED BY BEYONDTAG TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS. EXCEPT AS EXPRESSLEY SET FORTH IN THIS TERMS OF -- USE, BEYONDTAG DOES NOT MAKE ANY OTHER WARRANTY OF ANY KIND WHETHER EXPRESS, STATUTORY AND/OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, MERCHANTABILITY, AND/OR FITNESS FOR A PARTICULAR PURPOSE, SYSTEMS INTEGRATION, ACCURACY, AND FROM COURSE OF DEALING, USAGE AND/OR TRADE PRACTICE, ALL OF WHICH BEYONDTAG EXPRESSLY DISCLAIMS. WITHOUT LIMITING THE FOREGOING, BEYONDTAG AND/OR ITS LICENSORS MAKE NO WARRANTY THAT (A) THE SERVICES OR CONTENT WILL MEET YOUR REQUIREMENTS AND/OR WILL BE CONSTANTLY AVAILABLE, UNINTERRUPTED, TIMELY, SECURE AND/OR ERROR-FREE; (B) THE RESULTS THAT MAY BE OBTAINED FROM THE -- USE OF THE SERVICES AND/OR CONTENT WILL BE EFFECTIVE, ACCURATE AND/OR RELIABLE; AND/OR (C) BEYONDTAG WILL NOT BE LIABLE AND/OR OTHERWISE RESPONSIBLE FOR ANY FAILURE AND/OR DELAY IN UPDATING THE SERVICE AND/OR ANY CONTENT. NO ADVICE AND/OR INFORMATION, WHETHER ORAL AND/OR WRITTEN, OBTAINED BY YOU FROM BEYONDTAG AND/OR THROUGH YOUR ACCESS TO AND/OR -- USE OF THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TERMS OF -- USE.
10. LIMITATION OF LIABILITY
YOUR -- USE OF THE SERVICE AND CONTENT IS AT YOUR OWN RISK. IN NO EVENT SHALL BEYONDTAG, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, LICENSORS, AND/OR SUPPLIERS BE LIABLE TO YOU AND/OR ANYONE ELSE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL AND/OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF -- USE, DATA AND/OR PROFITS, WHETHER OR NOT FORESEEABLE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENE), WARRANTY, STRICT LIABILITY, AND/OR ANY OTHER LEGAL AND/OR EQUITABLE THEORY, EVEN IF BEYONDTAG HAS BEEN ADVISED OF THE POSSIBIITY OF SUCH DAMAGES IN ADVANCE. THE FOREGOING SHALL APPLY DESPITE ANY NEGLIGENCE, MISCONDUCT, ERRORS AND/OR OMISSIONS BY BEYONDTAG ITS EMPLOYEES, REPRESENTATIVES AND/OR AGENTS. BECA-- USE SOME STATES DO NOT ALLOW THE EXCLUSION AND/OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL AND/OR INCIDENTAL DAMAGES, IN SUCH STATES, BEYONDTAG’S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
EXCEPT AS OTHERWISE EXPRESSLY SET FORTH HEREIN, IN THE EVENT YOU ARE DISSATISFIED WITH THE SERVICE, RELATED SERVICES AND/OR HAVE ANY OTHER GRIEVANCE, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE THE RIGHT TO DISCONTINUE ACCESS TO AND/OR -- USE OF THE SERVICES.
BEYONDTAG’S MAXIMUM AGGREGATE LIABILITY TO YOU FOR DIRECT DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SERVICES IS LIMITED TO THE LESSER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO BEYONDTAG IN CONNECTION WITH THE SERVICE IN THE SIX (6) MONTH PERIOD PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, OR (ii) ONE HUNDRED DOLLARS (US$100.00).
11. THIRD PARTY SITES
12. SEPARATE AGREEMENTS
13. NO PROFESSIONAL ADVICE
The information available on the Services is intended to be a general information resource regarding the matters covered, and is not tailored to your specific circumstance. BeyondTag does not, will not and cannot refer, recommend and/or endorse any specific professional service, product and/or procedures that are advertised on the Services. The Service is not a substitute for professional advice, and you should not construe this as legal, accounting, medical and/or other professional advice.
14. DMCA COPYRIGHT POLICY
We reserve the right to block access to and/or remove material that we believe in good faith to be copyrighted material that has been illegally distributed by you and/or other third parties and remove and discontinue service to repeat offenders. We will respond to clear notices of copyright infringement when you provide the following:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed;
(iii) 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;
(iv) Information sufficient to permit BeyondTag to contact you, such as your physical address, telephone number, and, if available, an electronic mail address;
(v) 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, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Contact information for BeyondTag’s DMCA Agent for notice of claims of copyright infringement is: BeyondTag, Inc. Attn: Copyright Agent, 332 S Michigan Ave, Ste 1032 - B970, Chicago IL 60604-4434.
The Copyright Agent will not remove content from the Service in response to phone and/or email notifications regarding allegedly infringing content, since a valid DMCA notice must be signed, under penalty of perjury, by the copyright owner or by a person authorized to act on his or her behalf. The Copyright Agent should be contacted only if you believe that your work has been used and/or copied in a way that constitutes copyright infringement and that such infringement is occurring on the Service and/or on sites linked to and/or from the Service. All other inquiries directed to the Copyright Agent will not be responded to.
15. INFORMATION COLLECTION RESOLUTION OF DISPUTES
Arbitration Procedures. All claims shall be settled by binding arbitration in accordance with the commercial arbitration rules, in effect at the time the proceedings begin, of the American Arbitration Association (AAA). Any such controversy and/or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. All information relating to and/or disclosed by any party in connection with the arbitration of any disputes shall be treated by the parties, their representatives, and the arbitrator as proprietary business information and shall not be disclosed without prior written authorization of the disclosing party. The arbitration shall be held in Cook County, Illinois USA or any other location we agree to. Each party shall bear the burden of its own counsel fees incurred in connection with any arbitration proceedings.
Exceptions to Agreement to Arbitrate. Either you and/or BeyondTag may assert claims, if they qualify, in small claims court in Cook County, Illinois. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use and/or abuse of the Services, breach of BeyondTag’s confidential information and/or intellectual property infringement (for example, trademark, trade secret, copyright and/or patent rights) without first engaging in arbitration and/or the informal dispute-resolution process described herein.
Judicial forum for disputes. In the event that the agreement to arbitrate is found not to apply to you and/or your claim, you and BeyondTag agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of Cook County, Illinois. Both you and BeyondTag consent to the foregoing venue and jurisdiction.
17. CONTACT US