Terms of Service

Effective date: April 3, 2023

Your access to and use of the Beyond Limits website is subject to these terms and conditions, as well as all applicable laws. By using the website, you agree to comply with these Terms, whether or not you are a registered user.

Registered users who sign up for communications via text, email, online accounts, or purchases agree to resolve disputes exclusively through arbitration — no court trial, no jury trial, no class actions.

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Registration

Certain website portions are limited to registered users. When registering or purchasing, you’ll receive a link to these Terms and must agree to comply. You warrant that all personal information provided is complete and accurate. You may not register under another person’s name or adopt usernames deemed offensive by Beyond Limits.

Personal information is governed by the Privacy Policy. By providing contact details and using the website, you consent to communications including emails, phone calls, text messages, autodialed calls, prerecorded messages, and push notifications — even if your number appears on Do Not Call lists. Standard text messaging and telephone minute charges applied by your cell phone carrier will apply.

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Your account

You’re responsible for maintaining account confidentiality and restricting computer access. You agree to accept responsibility for all activities that occur under your Beyond Limits account or password. Notify Beyond Limits immediately if unauthorized access occurs.

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If you are under 18 years of age

Users under 18 must use the website with parental or guardian involvement. Beyond Limits reserves the right to refuse service, terminate accounts, remove content, edit content, or cancel orders.

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Access to the Beyond Limits website

Beyond Limits grants permission to use the website provided that: (i) use is solely for personal, non-commercial purposes; (ii) you will not copy or distribute website content without written authorization; (iii) you will not alter or modify the website except as reasonably necessary; and (iv) you will comply with all Terms.

The website, owned and operated by Beyond Limits, contains Materials protected by intellectual property laws. All Materials included in the Beyond Limits website are the property of Beyond Limits or our third-party licensors. Except as expressly authorized, you may not use the Materials. Beyond Limits reserves all rights not expressly granted.

You agree not to use or launch any automated system, including without limitation, ‘robots,’ ‘spiders,’ or ‘offline readers,’ that accesses the website in a manner that sends more request messages to the Beyond Limits servers in a given period of time than a human can reasonably produce in the same period.

You will not collect or harvest personally identifiable information for commercial solicitation or use communication systems for commercial purposes.

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Conduct

You agree to access the website for lawful purposes only. You will not knowingly, recklessly, or negligently:

Use the website to commit criminal offenses or encourage criminal conduct.
Post unlawful, threatening, libelous, harassing, defamatory, vulgar, obscene, pornographic, or objectionable content.
Impersonate other parties or entities.
Upload content containing software viruses or malicious code.
Transmit materials you lack rights to transmit.
Alter, damage, or delete posted content.
Disrupt normal website functionality.
Claim relationships with Beyond Limits or its affiliates.
Post unsolicited advertising or promotional materials.
Post material infringing intellectual property rights.
Collect or store others’ personal information.
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Termination of use

Beyond Limits may, in its sole discretion, suspend or terminate your access to or use of the Beyond Limits website without notification for any violation of these Terms, or for other conduct that Beyond Limits deems is harmful or unlawful to others.

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Content

Beyond Limits reserves the right to monitor, delete, move, and edit posted content deemed unacceptable or inappropriate. U.S. and international copyright laws protect website contents. You must abide by all copyright notices.

If you provide feedback regarding website experience, you hereby grant Beyond Limits an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit such Feedback in any manner and for any purpose.

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Limitation of liability

IN NO EVENT WILL Beyond Limits AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AFFILIATES, SUBSIDIARIES, AND AGENTS (TOGETHER, THE “Beyond Limits ENTITIES”) BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

THE AGGREGATE LIABILITY OF THE Beyond Limits ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF OR ANY INABILITY TO USE ANY PORTION OF THE Beyond Limits WEBSITE OR OTHERWISE UNDER THESE TERMS IS LIMITED TO $100, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.

Some jurisdictions prohibit excluding or limiting liability for consequential or incidental damages, so these limitations may not apply universally. These provisions allocate risks between parties and remain enforceable even if remedies fail.

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Disclaimers; no warranties

THE Beyond Limits WEBSITE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE Beyond Limits WEBSITE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED.

Beyond Limits disclaims all warranties — express, implied, or statutory — including merchantability, fitness for a particular purpose, title, quiet enjoyment, and non-infringement. THE Beyond Limits ENTITIES DO NOT WARRANT THAT THE Beyond Limits WEBSITE OR ANY PORTION OF THE Beyond Limits WEBSITE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE Beyond Limits WEBSITE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Beyond Limits OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE Beyond Limits WEBSITE WILL CREATE ANY WARRANTY.

You assume all risks from website use. You are solely responsible for damage to your property or data loss resulting from website access or content downloads.

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Indemnity

You agree to defend, indemnify, and hold harmless the Beyond Limits Entities from any and all liabilities and costs incurred by us or our employees in connection with any claim arising from any breach by you of these Terms.

You must cooperate in defending claims and cannot settle without Beyond Limits’ written consent. This duty excludes liabilities arising from intentional wrongdoing, recklessness, or negligence by indemnified parties.

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Website provided voluntarily

Beyond Limits provides the website at no charge. Beyond Limits can choose to discontinue or change the content and function of this website at any time. You should not rely on continued provision. Website changes will not affect pending transaction economic terms.

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Acceptance of service

The website is controlled from U.S. facilities. Beyond Limits makes no representations that the Beyond Limits website is appropriate or available for use in other locations. Users accessing from other jurisdictions do so at their own risk and must comply with local laws.

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Modification of Terms of Use

Beyond Limits reserves the right to modify or supplement these Terms at any time. Material changes trigger notice at prominent website locations. Continued use after notice constitutes acceptance of modifications.

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General

These Terms are governed by Delaware law without applying conflict principles. Disputes are decided exclusively by the U.S. District Court, Northern District of California, unless subject to Mandatory Dispute Resolution requirements for Registered Users.

These Terms, together with the Beyond Limits website Privacy Notice and any other notices published by Beyond Limits on the website, shall constitute the entire agreement between you and Beyond Limits concerning the website.

If any provision is deemed invalid, remaining provisions stay enforceable. No waiver of any term constitutes continuing waiver, and Beyond Limits’ failure to assert rights does not waive them.

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Mandatory dispute resolution for registered users

Individual arbitration; no court trial; no jury; no class action.

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Claims

Any legal or equitable dispute between you and Beyond Limits (“we” or “us”) relating in any way to this Website is a “Claim.” Claims can arise under federal or state law, asserting statute violations, breach of contract, torts, frauds, or misrepresentations.

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Excepted claims

Individual claims resolvable in small claims court and intellectual property ownership claims are “Excepted Claims.”

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Covered claims

All Claims other than Excepted Claims are “Covered Claims.”

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AAA as arbitrator

You and we agree to mandatory, binding arbitration of Covered Claims by the American Arbitration Association (“AAA”). Information about AAA is available at adr.org/Arbitration.

Arbitration must be filed with AAA at adr.org/Support. AAA decides all issues except disputes regarding scope, application, and enforceability of Mandatory Dispute Resolution Terms, which courts decide if parties disagree.

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Related court proceedings

You and we agree to be subject to the personal jurisdiction of the courts of California with respect to any Covered Claim. Parties submit to federal and State Courts surrounding Los Angeles to: (1) enforce Mandatory Dispute Resolution Agreement terms, (2) address disputes regarding scope, application, and enforceability, (3) appoint substitute arbitrators, and (4) enter arbitrator awards.

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Rules to apply

AAA will adjudicate the Covered Claims in accordance with its Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes.

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No class actions

You and we agree not to bring or participate in any class action regarding a Claim. AAA only arbitrates individual Claims. You and we do not give AAA permission to arbitrate Your claim in conjunction with any Claim asserted by anyone else.

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Substitute arbitrator

If AAA cannot or will not perform arbitration per agreement terms, parties may agree on another arbitrator, or a court appoints one per Federal Arbitration Act, 9 U.S. Code § 5.