Terms and Conditions
Definitions
Beyond79, LLC, successor in interest to corporate predecessor's websites and intellectual property (referred to herein as "we", "us" and "our") and any agent, independent contractor or assignee we may, in our sole discretion, involve in the provision of the website (“Website”). These Terms and Conditions contain important information, please read them carefully. The words "you" and "your" refers to visitors and users of this Website. The term Website includes any service associated with or which may be accessed directly or indirectly in connection with the Website or its related web Websites. The term Terms and Conditions refers to all of the various policies, procedures and terms set out below.
Use of website
By using the Website, you are entering into a legal agreement with us to abide by these Terms and Conditions. If you do not wish to be bound by the Terms and Conditions, please exit the Website now. We reserve the right to change the terms and conditions or policies regarding the use of the Website at any time and to notify you by posting an updated version of the Terms and Conditions on this Website. You are responsible for regularly reviewing the Terms and Conditions. Continued use of the Website after any such changes shall constitute your consent to such changes.
Change in services
We may discontinue or make changes in the information, products or services described herein at any time. Any dated information is published as of its date only, and we do not undertake any obligation or responsibility to update or amend any such information. We reserve the right to terminate any or all web offerings without prior notice to the user. Furthermore, by offering information, products or services via this Website, no solicitation is made by us to any person to use such information, products or services in jurisdictions where the provision of such information, products or services is prohibited by law.
Disclaimers and limitations of liability
Your use of any aspect of the Website is at your own risk. We do not represent or warrant and will not be liable for (a) any error or omission caused by us; (b) any error, delay, interruption, operational problem, unavailability, or failure in the Website, any Website component, or any directly or indirectly related equipment, system, programming, or network (including the Internet); (c) any breach of security involving the Website or your account, unless we specifically accept liability elsewhere on the Website; (d) any viruses or other code or component that may affect your computer system or other property as a result of your use of the Website; (e) or that the results of the use of the Website or the materials made available as part of the Website will be correct, accurate, timely, or otherwise reliable.
You specifically agree that we shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the Website, unless we specifically agrees elsewhere to be liable for the aforementioned items.
Representations and warranties
WE MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE WEBSITE FOR ANY PURPOSE. THE WEBSITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE WEBSITE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION; DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE OR RELATED WEBSITES; DAMAGES RELATING TO THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED WEBSITES; DAMAGES RELATING TO THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION OR SERVICES OBTAINED THROUGH THE WEBSITE; OR DAMAGES OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
Third party websites
The Website includes links to Websites on the Internet that are owned or operated by third parties ("Third Party Websites"). When linking to a Third Party Website, you do so at your own risk and should review and determine if you agree to such party's rules of use before using such Website. You also agree that we have no control over the content of that Website and cannot assume any responsibility for material created or published on Third Party Websites. We make no warranties, either express or implied, concerning the content of such Third Party Websites, including the accuracy, completeness, reliability or suitability thereof for any particular purpose, nor do we warrant that such Third Party Websites or content is free from any claims of copyright, trademark or other infringement of the rights of third parties or that such Website or content is devoid of viruses or other contamination. Any transaction you conduct using the Third Party Website or through the Website are transactions entered into solely between you and the Third Party Website to which you are linked. We have no liability whatsoever for activities associated with such transactions.
WE DO NOT PROVIDE, ENDORSE OR GUARANTEE ANY OF THE INFORMATION, RECOMMENDATIONS, PRODUCTS OR SERVICES OF ANY THIRD PARTIES OR THIRD PARTY WEBSITES, NOR DO WE ACCEPT ANY LIABILITY IN CONNECTION WITH THE SECURITY MEASURES EMPLOYED BY SUCH THIRD PARTIES OR THIRD PARTY WEBSITES.
Indemnity
You agree to indemnify, defend, and hold harmless us, and our employees, directors, officers, and agents of each, against any and all claims, demands, damages, or costs or expenses (including reasonable attorneys' fees) that arise directly or indirectly from your breach of these terms and conditions or arising out of your use or conduct on the Website.
Internet connection
You understand and agree that use of or connection to the Internet is inherently insecure and that connection to the Internet provides opportunity for unauthorized access by a third party to your computer systems, networks, and any and all information stored therein. You understand that the technical processing and transmission of the Website, 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.
All information transmitted and received through the Internet is subject to unauthorized interception, diversion, corruption, loss, access, and disclosure. We shall not be responsible for any adverse consequences whatsoever of your connection to or use of the Internet, and shall not be responsible for any use by you of an Internet connection in violation of any law, rule, or regulation or any violation of the intellectual property rights of another.
Email may not be secure, so please do not use e-mail to send us communications which contain confidential information such as Account Numbers, Social Security Number, PIN and Passwords, or communications which require immediate attention.
Children
The Website is not targeted to children or minors (people under eighteen years of age), nor do we provide services or sell products intended for use or purchase by children. To the extent that any child-related services or products are available on the Website, they are for use or purchase by adults.
Force majeure
Notwithstanding any provision contained in these Terms and Conditions, we shall not be liable to the you to the extent fulfillment or performance if any term or provisions of these Terms and Conditions is delayed or prevented by revolution or other civil disorder; wars; acts of enemies; strikes; lack of available resources from persons other than parties to this Agreement; breakdown in equipment or failure of telecommunications or data processing services; labor disputes; electrical equipment or availability failure; fires; floods; acts of God; federal, state or municipal action; statute; ordinance or regulation; or, without limiting the foregoing, any other causes not within its control.
Choice of law
This Agreement is made and accepted in the State of Florida, and shall be governed by the law of the State of Florida. This governing law provision applies no matter where you reside. Any suit brought in connection with this Website shall be brought in Palm County, Florida.
General terms
These Terms and Conditions, our Privacy Policy as well as any written and signed agreements which you may have with us, constitute the entire agreement between you and us with respect to the Website and governs your use of the Website. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions are found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms and Conditions remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or these Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. You may not assign the Agreement to any other party. We may assign the Agreement or delegate any or all of our rights and duties under the Agreement to any third party without notifying you. The section titles in these Terms and Conditions are for convenience only and have no legal or contractual effect.
There may be times when we need to amend, modify, remove, or change various aspects of this Privacy Policy, and we reserve the right to do so at our discretion. We recommend that you revisit these Terms and Conditions periodically to ensure that you are aware of any changes. To the fullest extent permitted by applicable law, these Terms and Conditions, notices or other communications, may be provided to you electronically and you agree to receive all communications from us in electronic form. Electronic communications may be posted on the pages within our websites, faxed, and/or delivered to your last known e-mail address.
I further agree to the below statement:
Even if I am on a National or State DO NOT CALL List, by requesting information and contact as offered on our Websites inquiry form and submitting my contact information which may include my telephone number, Website and affiliates are authorized to contact me by telephone at that number regarding services I have for the three (3) month period following date of this consent.