TERMS OF SERVICE
Beyond Zero, Inc.
140 W. Washington Street, Louisville, KY 40202
1. Use of This Site
Acceptance of Terms of Service.
BZ maintains this Site for your personal entertainment, information, education, and communication. Please feel free to browse the Site. If you are of legal age to purchase alcohol in your country of residence and in the country from which you are accessing the Site, you may download material displayed on the Site for non-commercial, personal use only, provided you do not remove any copyright and other proprietary notices contained on the materials. You may not, however, distribute, modify, transmit, reuse, re-post, or use the content of this Site for public or commercial purposes, including the text, images, audio and visual without BZ’s written permission. Changes periodically are made to the information contained in this Site. 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, password mining, or any other means.
2. Intellectual Property
This copyright notice applies to all proprietary material throughout this Internet site (this “Site”). Unless otherwise noted, product names, designs, logos, titles, text, images, audio or video within this Site are the trademarks, service marks, trade names or other property [the “Intellectual Property”] of BZ. All other unregistered and registered trademarks are the property of their respective owners. Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Intellectual Property displayed on the Site without the written permission of BZ.
3. Unaffiliated Products and Sites
Descriptions of, or references to, products, publications or sites not owned by BZ or WI or their affiliates do not imply endorsement of that product, publication or site. BZ has not reviewed all material linked to the Site and is not responsible for the content or privacy practices of any such material or site. Your linking to any other sites is at your own risk. We encourage you to review the privacy policies and terms of service of any third-party websites or services.
4. Communications with this Site
You are prohibited from posting or transmitting any communication that is, in BZ’s sole discretion, unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane, or that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate the law. BZ will fully cooperate with any law enforcement authorities or court order requesting or directing BZ to disclose the identity of or help identify anyone posting any such information or materials.
Any communication or material you transmit to the Site by e-mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. BZ will take steps to prevent the “harvesting” of information from this Site, however, you may be contacted by BZ or unrelated third parties, by e-mail or otherwise, within or outside of this Site. Anything you transmit may be edited by or on behalf of BZ, may or may not be posted to this Site at the sole discretion of BZ, and may be used by BZ or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Please do not post Personal Information to the Site, as such information may become public. Furthermore, BZ is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.
Although BZ may from time to time monitor or review discussion, chats, postings, transmissions, bulletin boards, and the like on the Site, BZ is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Site. BZ assumes no responsibility or liability for any actions or communications by you or any unrelated third party within or outside of this Site.
5. Your Account
If you use this Site, 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. BZ reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
7. No Warranties; Limitation of Liability
The use of the Site is at your own risk. The contents in this Site could include technical inaccuracies or typographical errors. BZ may make changes or improvements at any time.
THIS SITE IS PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. BZ does not warrant that the functions of the Site will be uninterrupted or error-free, that defects will be corrected, or that this Site or the server that makes it available are free of viruses or other harmful components.
BZ and WI assume no responsibility, and shall not be liable for any such damages to or viruses that may infect, your computer equipment, software, data or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, text, images, video or audio from the Site or any linked sites.
In no event shall BZ, WI, or any other party involved in creating, producing, maintaining or delivering the Site, or any of their affiliates or related companies, or the officers, directors, employees, shareholders, or agents of each of them, be liable for any damages of any kind, including without limitation any direct, special, incidental, indirect, exemplary, punitive or consequential damages, whether or not advised of the possibility of such damages, and on theory of liability whatsoever, arising out of or in connection with the use or performance of, or your browsing in, or your links to other sites from, this Site.
You agree to indemnify, defend and hold BZ, WI, or any other party involved in creating, producing, maintaining or delivering the Site, or any of their affiliates or related companies, or the officers, directors, employees, shareholders, or agents of each of them, harmless from and against any and all claims, actions, demands, causes of action and other proceedings arising from or related to any of the following: (a) your use of, inability to use, or activities in connection with, the Site or any service offered on or through the Site; (b) any violation of these Terms of Service or any other terms, conditions or policies by you or through any account website related to this Site; (c) any transaction by you on the Site; (d) any allegation that any submission or other materials that you make available through the Site infringe or otherwise violate the intellectual property, privacy, or other rights of any third party; or (e) your violation of any rights of any Site visitor, user, or customer, or any other third party; and you agree to reimburse BZ on demand for any damages, losses, costs, judgments, fees, fines and other expenses they incur (including attorneys’ fees and court costs) as a result of any such claim(s).
9. Termination and Enforcement
You agree that BZ, at its sole discretion, may terminate your access to or use of the Site or any services provided on the Site, at any time and for any reason, including without limitation if BZ believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Upon any such termination, your right to use the Site will immediately cease. You agree that any termination of your access to or use of the Site may be effected without prior notice and that BZ may immediately deactivate or delete any user name and/or password used by or provided to you, and all related information and files associated therewith, and/or bar any further access to such information or files. BZ reserves the right to take steps that BZ believes are necessary or appropriate to enforce and/or verify compliance with these Terms of Service (including without limitation in connection with any legal process relating to your use of the Site and/or a third-party claim that your use of the Site is unlawful or violates such third party’s rights).
10. United States Governing Law
Notwithstanding the foregoing, this Site may be viewed internationally and may contain references to products or services not available in all countries. References to a particular product or services do not imply that BZ intends to make such products or services available in such countries. Without limitation, you agree that a printed version of these Terms of Service and amendments made hereto shall be admissible in any judicial or administrative proceedings based upon or relating to your use of the Site or these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
11. Changes to Terms of Service
We may amend these Terms of Service from time to time in our sole discretion. Your continued use of the Site constitutes your acceptance of any such amendments. This policy was last amended on November X, 2017.
12. Notice and Takedown Procedures
If you believe any communication accessible on or from the Site infringes your copyright, you may request removal of those materials (or access thereto) from the Site by contacting BZ (address identified below) and providing the following information:
a. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work
b. Identification of the communication that you believe to be infringing and its location. Please describe the communication, and provide us with its URL or any other pertinent information that will allow us to locate the communication;
c. Your name, address, telephone number, and email address;
d. A statement that you have a good faith belief that the complained of use of the work is not authorized by the copyright owner, its agent, or the law;
e. A statement that the information you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or authorized representative; and
f. A signature or the electronic equivalent from the copyright holder or authorized representative.
Our address for copyright issues relating to this Site is as follows:
Beyond Zero, Inc.
140 W. Washington Street
Louisville, KY 40202
In an effort to protect the rights of copyright owners, BZ maintains a policy for the termination, in appropriate circumstances, of users of this Site who are repeat infringers.
If any provision of these Terms of Service shall be deemed to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
14. Complete Agreement
15. Residental Use of Commercial Equipment
Customer agrees as follows:
a. The customer is solely responsible for and will exercise caution, discretion, common sense, and judgment in, using the Product. Neither Beyond Zero, Inc. (“Beyond Zero”) nor its affiliates or licensors are responsible for the conduct of any user of the Product.
b. This Product is intended for use in commercial settings and is not intended for personal, family, or household use. Any such personal, family or household use may void the Product’s Limited Warranty.
c. Disclaimer. To the maximum extent permitted by law, Beyond Zero explicitly disclaims any implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment, and non-infringement and any warranties arising out of course of dealing or usage of trade. Beyond Zero explicitly disclaims all liability for any act or omission of any user or other third parties.
d. Limitation of Liability. To the maximum extent permitted by law, Beyond Zero will not be liable for any incidental, special, exemplary, or consequential damages, including loss of goodwill, arising out of or in connection with these terms or from the use of or inability to use the Product, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and whether or not Beyond Zero has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
e. Release. Customer hereby releases and forever discharges Beyond Zero, as well as its affiliates, directors, officers, employees, shareholders, successors, predecessors, insurers, assigns, and agents, from any and all damages, liabilities, claims, demands, actions, or causes of action of whatever kind, nature, and description (including any claims for interest, attorneys’ fees, or expert or consulting fees), whether based on state, local, or federal law or laws, the common law, or any other rule or regulation, whether fixed or contingent, known or unknown, liquidated or unliquidated, matured or un-matured, at law or in equity, that Customer may have against Beyond Zero related to, arising from, or in connection with this Agreement, the Product, or Customer’s use thereof.
f. Choice of Law. The provisions of this Agreement shall be construed and interpreted in accordance with the laws of the State of Kentucky, without reference to its conflict of law provisions. Any dispute, action, or proceeding arising under this Agreement shall be brought in state or federal courts of the State of Kentucky.
All Rights Reserved.
Beyond Zero, Inc.