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Terms of Use

Terms of Use

These Terms of Use ("Terms") govern your use of the website where this Privacy Policy is posted (each a "Site") that are operated by Beyondreef.com or any of its divisions or affiliates (collectively, "Beyondreef.com", "we" and us"). By using the Site, you agree, without limitation or qualification, to be bound by these Terms and the Beyondreef.com Privacy Policy, which is incorporated herein by reference. If you do not accept, please do not access the Site.

We may revise these Terms at any time. Your continued visits to the site will mean you accept those changes, and you agree comply with all applicable laws and regulations. The materials provided on or through the Site are protected by law, including, but not limited to, United States copyright laws and international treaties.

The U.S. Digital Millennium Copyright Act ("DMCA") provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet. If you believe that any content on the Site infringes upon any copyright which you own or control, you may notify us in accordance with our DMCA process accessible here.

You must be 18 years of age or older to access the Site in any manner. By accessing the Site or using the Site or accepting these Terms, you represent and warrant that you are 18 years of age or older, and that you have the right, authority, and capacity to agree to and abide by these Terms of Use.

Restrictions

The content on the Site, such as text, graphics, images, photographs, illustrations, trademarks, trade names, service marks, logos, information obtained from Beyondreef.com’s licensors, and other materials ("Contents") is protected by copyright under both United States and foreign laws. Title to the Contents remains with Beyondreef.com. Any use of the Contents not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Except as otherwise provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, or distribute any such materials from the Site in whole or in part, for any public or commercial purpose without our specific written permission. We grant you a personal, non-exclusive, non-transferable license to access the Site and to use the information and services contained on the Site subject to your compliance with these Terms. In turn, you grant us a non-exclusive, royalty-free license to use any content you post on the Site for any purpose, subject to the express provisions of these Terms. You may not distribute or make the Site or its content available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Site or its content. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Site, any updates, or any part thereof. Any attempt to do so is a violation of these Terms of Use. If you breach this restriction, you may be subject to prosecution and damages. These Terms of Use will govern any updates provided by Beyondreef.com that replace and/or supplement the original Site, unless such update is accompanied by separate or updated Terms of Use. If you violate any of these Terms of Use, your permission to use the Contents automatically terminates and you must immediately destroy any copies you have made of any portion of the Contents.

You may not, without Beyondreef.com’s written permission, "mirror" any Contents contained on the Site or any other server. You may not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site, or interfere with any other party’s use and enjoyment of the Site. You may not attempt to gain unauthorized access to the Site through hacking, or any other means.

Copyright and Trademarks

The content available through the Site, is protected by copyright. All content included in or made available through Beyondreef.com, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Beyondreef.com or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Amazon Service is the exclusive property of Amazon and protected by U.S. and international copyright laws.

Unless specified otherwise on the Site or except as permitted by United States copyright law, no portion of the Site may be copied, republished, transmitted, or distributed in any way without Beyondreef.com's prior written consent. Any such use of the Site’s content for any purpose not authorized under these Terms is a violation of the copyrights of Beyondreef.com (or other entities where so indicated).

Permission for all uses of the content other than as expressly authorized under these Terms, including linking to any page on the Site other than the home page, must be obtained from Beyondreef.com in advance. Any such request should be submitted via an email to legal@beyondreef.com. The use of the Site, or any content available hereon, on any other website or networked computer environment is prohibited. All design rights, compilation rights, and other intellectual property rights in and to the Site, in each case whether registered or unregistered, and related goodwill are proprietary to Beyondreef.com or its licensors.

All trademarks, service marks, logos and trade names on the Site, whether registered or unregistered, are proprietary to Beyondreef.com or to other companies where so indicated. You may not reproduce, download or otherwise use any such trademarks, service marks, logos or trade names without the prior written consent of Beyondreef.com or the appropriate owner thereof.

In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through Beyondreef.com are trademarks or trade dress of Beyondreef.com in the U.S. and other countries. Beyondreef.com's trademarks and trade dress may not be used in connection with any product or service that is not Beyondreef.com's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Beyondreef.com. All other trademarks not owned by Beyondreef.com that appear in Beyondreef.com are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Beyondreef.com.

User Data

The information you submit to Beyondreef.com is governed by the Beyondreef.com Privacy Policy. To the extent there is an inconsistency between the Terms of Use and the Privacy Policy, the Privacy Policy shall govern.

Beyondreef.com does not claim ownership of any information or material a user provides to Beyondreef.com or posts, uploads, input, submits, or transmits to the Site. You agree that you will not make any Submission that is, in whole or in part, libelous; scandalous; inflammatory; discriminatory; defamatory; false; threatening; vulgar; obscene; pornographic; profane; abusive; harassing; invasive of another’s privacy; hateful or bashing; aimed at gender, race, color, sexual orientation, national origin, religious views, or disability; in violation of local, state, national, or international law; or that infringes on, or violates, any right of any party. Additionally, you agree that you will not: (a) make any Submission that is an advertisement or solicitation of business; (b) disrupt the normal flow of dialogue or make a Submission unrelated to the topic being discussed (unless it is clear the discussion is free-form); (c) post a chain letter or pyramid scheme; impersonate another person; (d) distribute viruses or other harmful computer code; (e) harvest or otherwise collects information about others, including email addresses, without their consent; (f) post the same note more than once or "spamming"; or (g) engage in any other conduct that restricts or inhibits any other person from using or enjoying the Site, or which, in the judgment of Beyondreef.com, exposes Beyondreef.com or any of its licensors, partners, or customers to any liability or detriment of any type.

By making a Submission, you agree that such Submission is non-confidential, non-proprietary, and may be disseminated or used by Beyondreef.com. If you make a Submission, you automatically grant—or warrant that the owner of such content has expressly granted— Beyondreef.com a royalty-free, perpetual, irrevocable, worldwide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the Submission in any media or medium, or any form, format, or forum now known or hereafter developed. Notwithstanding the foregoing, Beyondreef.com is not required to use any Submission.

You are solely responsible for your Submission, the consequences of making a Submission, and your reliance on any Submissions. Beyondreef.com is not responsible for the consequences of any Submission. Beyondreef.com is not responsible for screening or monitoring Submissions made to the Site by users. If notified by a user of a Submission allegedly in violation of these Terms of Use, Beyondreef.com may investigate the allegation and determine in good faith and its sole discretion whether to remove such Submission. Beyondreef.com will have no liability or responsibility to users for performance or nonperformance of such activities.

Beyondreef.com reserves the right (but is not obligated) to: (a) record the dialogue on the Site; (b) investigate an allegation that a Submission does not comply with these Terms of Use and determine in its sole discretion to remove or request the removal of the Submission; (c) remove Submissions which are abusive, illegal, disruptive, or outdated, or that otherwise fail to comply with these Terms of Use; (d) terminate a user’s access to any or all parts of the Site upon any breach of these Terms of Use or the law; (e) monitor, edit, or disclose any Submission; (f) edit or delete any Submission posted on the Site, regardless of whether such Submission violates these Terms of Use.

Beyondreef.com’s policy is to not accept or review unsolicited ideas or suggestions from persons outside the company, including ideas for new products or services. You should not transmit any material to the Site that you consider to be confidential or proprietary. Notwithstanding such policy, any material, ideas, suggestions, know-how, or concepts that are offered or communicated to Beyondreef.com through the Site or otherwise shall be the property of Beyondreef.com, and may be treated by Beyondreef.com as non-confidential and non-proprietary.

Except as expressly provided in our Privacy Policy, you give Beyondreef.com an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute any such information. You further agree that Beyondreef.com has the right to use, without any payment or accounting to you or others, any concepts, know-how or ideas that you (or those who act on your behalf) transmit to the Site.

Pricing, Offers, and Selections

Regular and sale prices, offers, and selections found on the Services may vary from those found in Beyondreef.com catalogues, and in local Beyondreef.com advertisements. Prices, offers, and selections on the Services are subject to change without notice.

Promotions

Any and all offers or promotions advertised are void where prohibited, and are subject to the posting of any official rules to such offers or promotions. Regular and sale offers, and selections found on the Site may vary from those found at Beyondreef.com store and advertisements. Prices, offers, and selections on the Site are subject to change without notice.

Web Site Image Accuracy

Beyondreef.com strives to display as accurately as possible the images of the products shown on the Site, it cannot guarantee that the images shown on the Site exactly reproduce the product or live-stock. This may depend on the image reproduction on your computer or mobile device.

Your Account

If you use the Services, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. Beyondreef.com reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

Disclaimers; Limitation of Liability

All content available on the Site is provided for informational purposes only. The use of the Site or the Contents is at your own risk. The Contents could include technical inaccuracies or typographical errors. Beyondreef.com may make changes or improvements at any time.

THE CONTENTS ON THE SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BEYONDREEF.COM DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BEYONDREEF.COM DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BEYONDREEF.COM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE CONTENTS ON THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT BEYONDREEF.COM) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BEYONDREEF.COM ASSUMES NO LIABILITY, WHETHER IN CONTRACT OR TORT, FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING (WITHOUT LIMITATION) DAMAGES FOR LOSS OF ANTICIPATED PROFITS OR REVENUE OR OTHER ECONOMIC LOSS IN CONNECTION WITH OR ARISING FROM ANY ACT OR OMISSION BY BEYONDREEF.COM, ITS AGENTS, AFFILIATES, JOINT VENTURE PARTNERS, INDEPENDENT CONTRACTORS, OR UNAFFILIATED THIRD PARTIES AS A RESULT OF ANY ACT OR OMISSION IN FULFILLMENT OF OR IN BREACH OF THESE TERMS OF USE OR THE PRIVACY POLICY.

Indemnity

You hereby agree to defend, indemnify, and hold Beyondreef.com and our affiliates, and our respective officers, directors, employees, agents, information providers licensors and licensees, and partners, harmless from and against any and all claims, actions, demands, liabilities, costs, and settlements including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Site or Contents, or your violation of these Terms of Use. You shall cooperate with us in the defense of any such claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder.

Contact with Third Parties and Third-Party Websites

The Site may contain hyperlinks to other websites and webpages ("Third-Party Pages"), as well as to text, graphics, videos, images, music, sounds, and information belonging to or originating from other third-parties (collectively, "Third-Party Applications"). The Company does not investigate, monitor, or review any Third-Party Pages or Third-Party Applications to ensure their accuracy, completeness, or appropriateness. The Company is not responsible for the Third-Party Pages or any Third-Party Applications accessed through the Site. You agree that Beyondreef.com shall have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third party, or as a result of the presence of such third party on the Site.

The inclusion of any hyperlinks to any Third-Party Pages or Third-Party Applications on the Site does not indicate the Company’s approval or endorsement thereof. These links are provided solely as a convenience or benefit to users. Your interactions with a third party on the Site, or based on such third party’s participation or presence on the Site, are solely between you and the third party. Beyondreef.com makes no representations or warranties with respect to the content, ownership, or legality of any such linked third party website. If you choose to leave the Site to access any Third-Party Pages or Third-Party Applications, you do so at your own risk.

Applicable Laws

Beyondreef.com makes no claims that the Contents are appropriate or may be downloaded outside of the United States of America. Access to the Contents may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. The following provisions survive the expiration or termination of these Terms of Use for any reason whatsoever: Use Restrictions, User Submissions, Unsolicited Ideas, Disclaimers; Limitation of Liability, Indemnity, Applicable Laws, and Complete Agreement.

These Terms are governed in accordance with the laws of the State of Illinois, United States of America, without regard to its conflict of law provisions. You and Beyondreef.com hereby expressly consent and submit to the exclusive jurisdiction of the state and federal courts located in the State of Illinios for the adjudication or disposition of any claim, action or dispute arising out of these Terms, including the Beyondreef.com Privacy Policy.

If any provision of these Terms is found to be invalid by any court having 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 of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Class Action Waiver; Mandatory Agreement to Arbitrate on an Individual Basis

Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, counts, claim, or cause of action) between you and the Company or the Company's employees, agents, successors, or assigns, shall exclusively be settled through binding and confidential arbitration, except that you or the Company may take claims to small claims court if the dispute qualifies for hearing by such a court. In addition, each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

There is no judge or jury in arbitration and arbitration procedures are simpler and more limited than rules applicable in court. YOU ACKNOWLEDGE AND AGREE THAT, APART FROM THE NARROW EXCEPTIONS ABOVE, YOU AND THE COMPANY ARE EACH WAIVING YOUR RIGHTS TO SUE IN COURT, INCLUDING RIGHTS TO RECEIVE A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY-GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING.

Arbitration shall be subject to the U.S. Federal Arbitration Act and federal arbitration law, and shall be conducted by Judicial Arbitration Mediation Services, Inc. ("JAMS") pursuant to the JAMS Streamlined Arbitration Rules & Procedures effective July 1, 2014 (the "JAMS Rules") and as modified by this agreement to arbitrate.. The JAMS Rules, including instructions for bringing arbitration, are available on its website at http://www.jamsadr.com/rules-streamlined-arbitration. The Minimum Standards are available at http://www.jamsadr.com/consumer-arbitration/.

You and the Company must abide by these rules: (a) the arbitration shall be conducted on an individual basis and not in a class, consolidated or representative action and the arbitrator shall not award class-wide relief; (b) the Company will pay its arbitration costs as required by JAMS rules, and in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, the Company will pay as much of your arbitration filing and hearing fees as the arbitrator deems is necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation; (c) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (d) each side pays his, her or its own attorneys' fees and costs unless the claim(s) at issue permit the prevailing party to be paid its fees and litigation costs, and in such instance, the fees and costs awarded shall be determined by the applicable law.

With the exception of subpart (a) in the paragraph above, if any part of this arbitration provision is deemed invalid, unenforceable or illegal, then the balance of this arbitration provision shall remain in effect and be construed in accordance with its terms as if the invalid, unenforceable, or illegal provision were not contained. If, however, subpart (a) in the paragraph above is found invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void. If for any reason a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in state or U.S. federal court in Illinois.