Terms of Use

Last Updated: 11/15/18

Your access to and the use of Beyond Limits website is subject to the following terms and conditions, “Terms”, as well as all applicable laws. In consideration for making our website available to you, you agree to comply by these Terms, whether or not you are a registered user.

However for those who register for communications by text or e-mail, or who register for online accounts, or provide information for purchases (“Registered Users”) these terms also include an agreement to resolve all disputes only one-on-one, in arbitration (no court trial, no jury trial, no class actions). Please read carefully.

Registration

Certain portions of Beyond Limits website are limited to registered users, and/or may allow a user to request support/services online by entering personal information. When users register with our website or purchase something from us, they will be provided a link to these Terms and asked to agree to comply with them. When you provide us with information, you agree that any personal information provided to us is complete and accurate. Also, you agree not to register under the name of, nor attempt to enter the website under the name of, another person, and you will not adopt a user name that Beyond Limits, in its sole discretion, deems offensive. Please note that any personally identifiable information that you provide to us will be subject to, and protected under, our Privacy Policy. By providing us with your contact information and using the Beyond Limits website, you agree to receive communications, including via e-mail and phone calls (including text messages and calls made using an autodialer or prerecorded voice message), and push notifications from or on behalf of Beyond Limits at the email address or telephone number you provided even if that number is on a National or State Do Not Call List. These calls and messages may be for informational and marketing purposes, such as to provide you with the information or consultation you requested. Standard text messaging and telephone minute charges applied by your cell phone carrier will apply.

Your Account

If you use the Beyond Limits website, you are responsible for taking reasonable steps to maintain the confidentiality of your account and password and to restrict access to your computer. To the fullest extent allowed by law, you agree to accept responsibility for all activities that occur under your Beyond Limits account or password. If you believe that another person has accessed or used your Beyond Limits account, you agree to notify us right away.

If You Are Under 18 Years of Age

If you are under 18, only use the Beyond Limits website with involvement of a parent or guardian. Beyond Limits and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

Access to the Beyond Limits website

Beyond Limits hereby grants you permission to use the website as set forth in these Terms, provided that: (i) your use of the website as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the website in any medium without Beyond Limits prior written authorization; (iii) you will not alter or modify any part of the website other than as may be reasonably necessary to use the website for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Use.

The Beyond Limits website is owned and operated by Beyond Limits. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Beyond Limits website (“Materials”) provided by Beyond Limits are protected by intellectual property and other laws. All Materials included in the Beyond Limits website are the property of Beyond Limits or our third-party licensors. Except as expressly authorized by Beyond Limits, you may not make use of the Materials. Beyond Limits reserves all rights to the Materials not granted expressly in these Terms. Beyond Limits reserves all rights not expressly granted to you in these Terms. Except for the limited rights and licenses expressly granted under these Terms, nothing in these Terms grants, by implication, waiver, estoppel, or otherwise, to you or any third party any intellectual property rights or other right, title, or interest in or to the Beyond Limits intellectual property.

You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., 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 by using a convention on-line web browser. You agree not to collect or harvest any personally identifiable information for purposes of any commercial solicitation, including account names, from the website, nor to use the communication systems provided by the website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the website with respect to their User Submissions.

Conduct

You agree to access and use Beyond Limits website for lawful purposes, ONLY. By accessing Beyond Limits website, you agree that you will NOT knowingly, recklessly, or negligently:

  • Use The Beyond Limits website to commit a criminal offense, or to encourage others to conduct acts that would constitute a criminal offense or give rise to civil liability;
  • Post (or transmit) any unlawful, threatening, libelous, harassing, defamatory, vulgar, obscene, pornographic, profane, or otherwise objectionable content;
  • Use the website to impersonate other parties or entities;
  • Use the website to upload any content that contains a software virus, such as a Trojan Horse or any other computer codes, files, or programs that may alter, damage, or interrupt the daily function of the website (or the hardware/software of any other person who may access the website);
  • Upload, post, e-mail, or otherwise transmit any materials, that you do not have the right to transmit under any law (or under any contractual relationship);
  • Alter, damage, or delete any content posted on the website;
  • Disrupt the website’s normal functionality in any way;
  • Claim a relationship with or speak for Beyond Limits or any of its franchisees or affiliates;
  • Post or transmit any unsolicited advertising, promotional materials, or other forms of solicitation;
  • Post any material that infringes (or violates) the intellectual rights of others; or
  • Collect (or store) personal information about others.
Termination of Use

Beyond Limits may (in its sole discretion) suspend/terminate your access to or use of Beyond Limits website without notification for any violation of these Terms, or for other conduct that Beyond Limits deems is harmful/unlawful to others. Note: In the event of termination, you are no longer authorized to access Beyond Limits website.

Other Site Links

There may be links on Beyond Limits website that lead to websites not maintained/operated by Beyond Limits (“Links”). Beyond Limits does not control the websites referenced by these Links, nor do we review the content of those websites. Beyond Limits provides these outside Links to users for their convenience. The listing of Links is not an endorsement of information, products, or services, and does not imply a direct association between Beyond Limits and the operators of the Links.

Content

Beyond Limits has the right to monitor any content that you post to the Beyond Limits website, or that you send through the website. We reserve the right to delete, move, and/or edit any postings that come to our attention, which we consider to be unacceptable or inappropriate whether for legal or other reasons. Note: The United States and foreign copyright laws, as well as international conventions, protect the contents of Beyond Limits website. (You have agreed to abide by all copyright notices by entering and using Beyond Limits website.)

If you choose to provide input or suggestions regarding your experience with the Beyond Limits website (“Feedback”), then 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, including to improve the Beyond Limits website and create other products and services.

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 (INCLUDING DAMAGES FOR INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS, GOODWILL, REPUTATION, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, the Beyond Limits website OR ANY MATERIALS, PRODUCTS, OR CONTENT AVAILABLE ON OR THROUGH the Beyond Limits website, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY Beyond Limits ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.

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, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO $100, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. FURTHERMORE, NOTHING IN THESE TERMS LIMITS OR EXCLUDES ANY LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED BY LAW.

EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

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. THE Beyond Limits ENTITIES DISCLAIM, AND YOU HEREBY EXPRESSLY WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, RELATING TO the Beyond Limits website AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH the Beyond Limits website, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE; AND (C) ANY WARRANTY AS TO WHETHER THE DATA OR OTHER INFORMATION AVAILABLE THROUGH OR TRANSMITTED BY THE Beyond Limits website IS TRUE, COMPLETE OR ACCURATE. 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, AND DO NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM the Beyond Limits OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH the Beyond Limits website WILL CREATE ANY WARRANTY REGARDING ANY OF THE Beyond Limits ENTITIES OR THE Beyond Limits website THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR ANY HARM OR DAMAGE THAT MAY RESULT TO YOU FROM YOUR USE OF OR ACCESS TO the Beyond Limits website, YOUR DEALING WITH ANY OTHER Beyond Limits website USER, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH the Beyond Limits website. YOU UNDERSTAND AND AGREE THAT YOU USE the Beyond Limits website, AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH the Beyond Limits website AND ANY ASSOCIATED SITES OR SERVICES, AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH the Beyond Limits website), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF the Beyond Limits website OR THE DOWNLOAD OR USE OF THAT MATERIAL OR CONTENT.

THE ABOVE PARAGRAPHS APPLY TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES, IN PARTICULAR A DISCLAIMER OF WARRANTIES PROVIDED OR IMPLIED BY LAW, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

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, including reasonable attorney’s fees and costs. You agree to cooperate as fully as may be reasonably possible in the defense of any such claim. Beyond Limits reserves the right to assume, at its own expense, the exclusive defense and control of any matter otherwise subject to indemnification by you. You in turn shall not settle any matter without the written consent of Beyond Limits. The terms of this duty to defend, indemnity, and hold harmless are subject to any defense you may have as a matter of law. This duty does not include any liabilities or costs which arise as a result of intentional wrongdoing, recklessness, or negligence on the part of the indemnified parties.

Website Provided Voluntarily

Beyond Limits provides this website at no charge to you. Beyond Limits can choose to discontinue or change the content and function of this website at any time. You agree not to rely on Beyond Limits to continue to provide the website, in this form or at all. Changes to the website will not affect the economic terms of any pending transaction.

Acceptance of Service

The website is controlled and offered by Beyond Limits from its facilities in the United States of America. Beyond Limits makes no representations that the Beyond Limits website is appropriate or available for use in other locations. Those who access or use the Beyond Limits website from other jurisdictions do so at their own volition and are responsible for compliance with the laws of their home jurisdictions.

Modification of Terms of Use

Beyond Limits reserves the right to modify or supplement these Terms at any time. If we make any material changes to these Terms, we will post a notice about the change at a prominent location on our web site. If you continue to use the website after reasonable notice of these changes, you accept the modifications to the Terms.

General

These Terms shall be governed by the laws of the State of Delaware without respect to its conflict of laws principles. Any claim or dispute between you and Beyond Limits that arises in whole or in part from the Beyond Limits website shall be decided exclusively by a court of competent jurisdiction located in United States District Court, Northern District of California, unless subject to the Mandatory Dispute Resolution terms for Registered Users below. 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. However, this is not to the exclusion of any notice to which you are entitled as a matter of law. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and the failure by Beyond Limits to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

Mandatory Dispute Resolution for Registered Users (Individual Arbitration; No Court Trial; No Jury; No Class Action)

Claims

Any legal or equitable dispute between you and Beyond Limits (“we” or “us”) relating in any way to this Website is a “Claim”. For example, Claims can arise under federal or state law. Claims can assert violations of statute, breach of contract, torts, frauds, or misrepresentations. Those are just examples. Any dispute which could form the basis of a legal Complaint in a courtroom is a Claim.

Excepted Claims

Individual claims that can be brought and completely resolved in small claims court and/or claims related to the ownership of Beyond Limits intellectual property are “Excepted Claims”.

Covered Claims

All Claims, other than Excepted Claims, are Covered Claims.

AAA as Arbitrator

You and we agree to mandatory, binding arbitration of Covered Claims by the American Arbitration Association (“AAA”). More information about AAA can be found at https://www.adr.org/Arbitration.

Any arbitration must be filed with AAA at https://www.adr.org/Support or by such means as AAA shall make available. All issues are for AAA to decide, except that disputes relating to the scope, application, and enforceability of these Mandatory Dispute Resolution Terms are for a Court to decide (if you and we cannot agree).

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. You and we submit to the jurisdiction of the federal and State Courts surrounding Los Angeles, California to (1) enforce the terms of this Mandatory Dispute Resolution Agreement, (2) to address disputes regarding the scope, application, and enforceability of these Mandatory Dispute Resolution Terms, (3) for the appointment of a substitute arbitrator as needed (see below), and (4) to enter any award rendered by the arbitrator.

Rules to Apply

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

No Class Actions

You and we agree not to bring or participate in any class action regarding a Claim. You and we agree that AAA only has authorization to conduct arbitration of Covered Claims on an individual basis. You and we do not give AAA permission to arbitrate Your claim in conjunction with any Claim asserted by anyone else.

Substitute Arbitrator

In the event that AAA cannot or will not perform arbitration in accordance with the provisions of this agreement, either (a) the parties may agree to another arbitrator or, if no such agreement is had, (b) a court shall appoint one according to the provisions of the Federal Arbitration Act, 9 U.S. Code § 5.