Usage of the bevyfind.com Web
Site (the "Site") is subject to your compliance with the terms and conditions
set forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING
THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS
AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE
TERMS
AND CONDITIONS, YOU
MAY NOT ACCESS OR USE THE SITE. bevyfind.com
MAY MODIFY THIS AGREEMENT AT ANY
TIME,
AND
SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED
AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE
AWARE OF SUCH MODIFICATIONS
AND YOUR CONTINUED ACCESS OR USE OF
THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. Copyright, Licenses and Idea
Submissions.
The entire contents of the Site,
not including content on external websites viewable through the Site, are
protected by international copyright and trademark laws. The owner of the
copyrights and trademarks are bevyfind.com, its affiliates or other third party
licensors. YOU
MAY NOT MODIFY,
COPY, REPRODUCE, REPUBLISH, UPLOAD,
POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE,
INCLUDING TEXT, GRAPHICS, CODE
AND/OR SOFTWARE. You may print and download portions of material from
the different areas of the Site solely for your own non-commercial use provided
that you agree not to change or delete any copyright or proprietary notices from
the materials. You agree to grant to bevyfind.com a non-exclusive, royalty-free,
worldwide, perpetual license, with the right to sub-license, to reproduce,
distribute, transmit, create derivative works of, publicly display and publicly
perform any materials and other information (including, without limitation,
ideas contained therein for new or improved products and services) you submit to
any public areas of the Site (such as bulletin boards, forums, blog comments and
newsgroups) or by e-mail to bevyfind.com by all means and in any media now known
or hereafter developed. You also grant to bevyfind.com the right to use your
username in connection with the submitted materials and other information as
well as in connection with all advertising, marketing and promotional material
related thereto. You agree that you shall have no recourse against bevyfind.com
for any alleged or actual infringement or misappropriation of any proprietary
right in your communications to bevyfind.com.
TRADEMARKS.
Publications, products, content
or services referenced herein or on the Site are the exclusive trademarks or
servicemarks of bevyfind.com. Other product and company names mentioned in the
Site may be the trademarks of their respective owners.
2. Use of the Site.
You understand that, except for
information, products or services clearly identified as being supplied by
bevyfind.com, bevyfind.com does not operate, control or endorse any information,
products or services on the Internet in any way. Except for bevyfind.com-
identified information, products or services, all information, products and
services offered through the Site or on the Internet generally are offered by
third parties, that are not affiliated with bevyfind.com. bevyfind.com will not be
held responsible for any damage caused to you by an external website which you
view through the Site. You also understand that bevyfind.com cannot and does not
guarantee or warrant that files available for downloading through the Site will
be free of infection or viruses, worms, Trojan horses or other code that
manifest contaminating or destructive properties. You are responsible for
implementing sufficient procedures and checkpoints to satisfy your particular
requirements for accuracy of data input and output, and for maintaining a means
external to the Site for the reconstruction of any lost data.
YOU ASSUME TOTAL RESPONSIBILITY
AND RISK FOR YOUR USE OF THE SITE
AND THE INTERNET. bevyfind.com
PROVIDES THE SITE
AND RELATED INFORMATION "AS IS"
AND DOES NOT MAKE ANY EXPRESS OR
IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING
WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD
TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE
SERVICE OR ON THE INTERNET GENERALLY,
AND bevyfind.com SHALL NOT BE LIABLE FOR ANY
COST OR DAMAGE ARISING EITHER DIRECTLY
OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO
EVALUATE THE ACCURACY, COMPLETENESS
AND USEFULNESS OF
ALL OPINIONS, ADVICE, SERVICES,
MERCHANDISE
AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY.
bevyfind.com DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR
ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE
PURE
NATURE OF THE INTERNET CONTAINS UNEDITED
MATERIALS SOME OF WHICH
ARE
SEXUALLY EXPLICIT OR
MAY
BE OFFENSIVE TO YOU. YOUR ACCESS
TO SUCH MATERIALS IS AT YOUR RISK. bevyfind.com
HAS
NO CONTROL
OVER
AND
ACCEPTS NO RESPONSIBILITY WHATSOEVER
FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL bevyfind.com BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR
INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS
INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION,
AND
THE LIKE) ARISING OUT OF THE USE
OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED
ON OR THROUGH THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH
INFORMATION OR SERVICE. EVEN IF bevyfind.com OR ITS AUTHORIZED REPRESENTATIVES HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE
TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE
AND
/OR MATERIALS OR INFORMATION DOWNLOADED
THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION
MAY
NOT APPLY TO YOU. IN SUCH STATES,
bevyfind.com LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
bevyfind.com makes no representations
whatsoever about any other web site which you may access through this one or which
may link to this Site. When you access a non-bevyfind.com web site, whether by link,
iframe, subwindow, or any other means, please understand that it is independent
from bevyfind.com, and that bevyfind.com has no control over the content on that
web site. In addition, a link to a bevyfind.com web site does not mean that bevyfind.com
endorses or accepts any responsibility for the content, or the use, of such web
site.
3. Indemnification.
You agree to indemnify, defend and
hold harmless bevyfind.com, its officers, directors, employees, agents, licensors,
suppliers and any third party information providers to the Service from and against
all losses, expenses, damages and costs, including reasonable attorneys' fees,
resulting from any violation of this Agreement (including negligent or wrongful
conduct) by you or any other person accessing the Service.
4. Third Party Rights.
The provisions of paragraphs 2 (Use
of the Service), and 3 (Indemnification) are for the benefit of bevyfind.com and
its officers, directors, employees, agents, licensors, suppliers, and any third
party information providers to the Service. Each of these individuals or entities
shall have the right to assert and enforce those provisions directly against you
on its own behalf.
5.Term; Termination.
This Agreement may be terminated
by either party without notice at any time for any reason. The provisions of paragraphs
1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Service), 3 (Indemnification),
4 (Third Party Rights) and 6 (Miscellaneous) shall survive any termination of this
Agreement.
6.Miscellaneous.
This Agreement shall all be governed
and construed in accordance with the laws of The United States of America applicable
to agreements made and to be performed in The United States of America. You agree
that any legal action or proceeding between bevyfind.com and you for any purpose
concerning this Agreement or the parties' obligations hereunder shall be brought
exclusively in a federal or state court of competent jurisdiction sitting in The
United States of America . Any cause of action or claim you may have with respect
to the Service must be commenced within one (1) year after the claim or cause of
action arises or such claim or cause of action is barred. bevyfind.com's failure
to insist upon or enforce strict performance of any provision of this Agreement
shall not be construed as a waiver of any provision or right. Neither the course
of conduct between the parties nor trade practice shall act to modify any provision
of this Agreement. bevyfind.com may assign its rights and duties under this Agreement
to any party at any time without notice to you.
Any rights not expressly granted
herein are reserved.
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