Last Update: March 1, 2013; Effective March 10, 2013
The terms and conditions set forth herein constitute the full and complete Agreement between You, Your owners, employees, managers, heirs, agents, representatives, successors and assigns (“You” or “Your”) and Beyond Marketing, LLC (Beyond Marketing). Your agreement to be bound by the terms contained herein is acknowledged by Your use of the Beyond Marketing Web Site, professional services, hosting services, support or maintenance services and/or any Beyond Marketing software, service, and/or product made available to You.
The terms and conditions stated herein, as may be amended from time to time by Beyond Marketing, together with any separate Professional Services Contract, Hosting Services Agreement, Web Maintenance Services Agreement, and any applicable Beyond Marketing policies and procedures, constitute the complete and exclusive agreement between You and Beyond Marketing concerning Your use of Beyond Marketing’s products and/or services. The terms and conditions stated herein, along with any terms and conditions in any separate Professional Services Contract, Hosting Services Agreement and/or Web Maintenance Services Agreement supersede and merge all prior and contemporaneous agreements, whether written, oral or otherwise, and all discussions between You and Beyond Marketing, including any statements made by any representative of Beyond Marketing at any time unless contained in these terms and conditions or written in a contract signed by Beyond Marketing.
By purchasing and/or using Beyond Marketing’s goods, products and/or services, You acknowledge that You have read, understood, and agree to be bound by all terms and conditions stated herein and any other applicable policies or procedures of Beyond Marketing, as may be amended by Beyond Marketing from time to time, and by all terms and conditions of any other written agreements between You and Beyond Marketing.
You agree to be bound by any amendments Beyond Marketing may make to the terms and conditions stated herein as of the date in which any such changes are published by Beyond Marketing on its Company Web Site. You agree that Beyond Marketing shall not be bound by any representations made by third parties who You may use to purchase goods and/or services which may be offered by Beyond Marketing or any other party. You further agree that Beyond Marketing shall not be liable or responsible in any manner for any products or services provided by any third party.
PAYMENT OF FEES
All payments owed by you to Beyond Marketing shall be issued to “Beyond Marketing, LLC” in U.S. dollars only through the use of a personal/business check or money order.
If Beyond Marketing collects any payment due by You to Beyond Marketing through an attorney or through the means of a collection agency or similar service, or if Beyond Marketing prevails in any action to which You and Beyond Marketing are parties, You will pay all costs of collection, arbitration and litigation, including, without limitation, all court costs and Beyond Marketing’s reasonable attorney and collection agency fees.
PAYMENT OF FEES FOR WEBSITE HOSTING AND MAINTENANCE SERVICES
Web Site hosting services and Web Site maintenance services payments are due upon account activation and future account renewal. Billing will continue to occur automatically until You request in writing cessation of services. If shortfalls in payment to Beyond Marketing of the full invoice amount occur due to bank fees, transfer fees, or the like, Beyond Marketing will re-invoice You for any such shortfall. Should payment in full of any invoice not be received by Beyond Marketing within thirty (30) days after account activation or renewal, Beyond Marketing, at its sole discretion, may discontinue, withhold or suspend such services to You.
Cancellations of services must be made in writing and cannot be made without first verifying Your correct Customer ID (provided by Beyond Marketing) and account password.
Setup fees for any services or plans are not refundable, regardless of the length of time the services and/or plan is used by You.
Should You follow standard procedures and cancel services with Beyond Marketing, You are entitled to a refund equivalent to the length of time that has been paid for, but not used. This refund is calculated based on a monthly rate, depending on the plan that was ordered. The refunded months will begin with the first full month after the current month. “Free Months” are not taken into account when calculating a refund.
You are responsible for providing Beyond Marketing with the proper and correct billing and payment Information. In addition, You are responsible for keeping all contact information, especially email addresses, up to date and current. Beyond Marketing conducts all communication with You via email, including support, billing and network administration communication. You agree to accept all communications from Beyond Marketing via email, including support, billing and network administration communication. Therefore, a current and active email address for all pertinent parties is absolutely essential. Any and all fees incurred due to incorrect billing information are the sole responsibility of You.
Changes to services provided to You must be submitted in writing via email. Upgrades are charged a setup fee of the difference between the setup fees of the two plans (the old plan and the upgraded plan), and a prorated fee for the difference in plan prices for any time that was paid for in advance. Downgrades receive a prorated credit for any time paid for in advance after the current month, but no credit is given for any initial setup fees. You are responsible for, and must be aware of, what will be gained and/or what will be lost in changing plans. Beyond Marketing is not responsible for lost files, data and/or information due to changes in plans.
Beyond Marketing is not responsible for Your failure to use the services/plans offered by Beyond Marketing. You have the right to cancel the services/plans other than products or services covered under a separate written contract or agreement between You and Beyond Marketing that You have purchased pursuant to the terms and conditions contained in any such written contract or agreement. Therefore, non-use of the services/plans offered DOES NOT constitute a cancellation of said services/plans.
Additional Fees: You agree that use of the Services hereunder will not exceed any usage limits/allocations set forth under Your particular plan details. If You do exceed any of the specified usage limits/allocations, Beyond Marketing may, at its sole discretion, assess You with additional charges (where those additional charges are provided to You when you begin the service), suspend the performance of such service or terminate such services to You. In the event that Beyond Marketing elects to take any corrective action, You may not be entitled to a refund of any unused pre-paid fees.
Prior to activation of Your user account You agree to submit a check payable in U.S. dollars against a bank or financial institution in good standing located within the United States. Beyond Marketing is under no obligation to initiate service until the proceeds of such check have been cleared by such bank or financial institution and have been received by 1Eighty Design. Invoices will be submitted to the email address on file for You as a courtesy only and You agree to receive such invoices via email. Payment for subsequent fees is due 30 days from the date of invoice. It is Your responsibility when paying by check to make sure that Your payment is timely received by Beyond Marketing. An administrative fee of $30.00 may be charged for the refusal, rejection or return of any such check for any reason whatsoever or any portion thereof. In addition, refusal, rejection or return of any such check for any reason whatsoever, or any portion thereof, is grounds for contract and/or account suspension and/or termination at the sole discretion of Beyond Marketing.
PAYMENT OF FEES FOR WEBSITE DEVELOPMENT AND DESIGN SERVICES
Web development and design service payments are to be made according to the payment schedule set forth in the contract or agreement between You and Beyond Marketing. The final payment is due within twenty (20) days after completion of services. Should You cancel the written contract or agreement before it is completed, then You agree to forfeit the initial payment and shall, in addition, compensate Beyond Marketing for any additional time spent per any hourly rate listed in the written contract or agreement.
Any changes or additions to the written contract or agreement will be charged at the hourly rate listed in such contract or agreement rounded up to 20 minute intervals after a minimum of one hour. Any significant additions or modifications will be covered under a new or amended written contract or agreement. Additional Web Site development and/or design services completed by Beyond Marketing after the written contract or agreement is completed that is not under a new written contract or agreement will be in accordance the terms and conditions stated herein and in accordance with the terms and conditions of the original written contract or agreement for Web Site development and/or design services.
WEBSITE HOSTING SERVICES
Beyond Marketing agrees to provide Web Site hosting services according to any plan selected by You and agreed to between You and Beyond Marketing. Beyond Marketing reserves the right to change, amend and/or otherwise alter the services provided with equivalent services without prior notice to You. Web Site hosting services shall include, without limitation, server space and data transfer allowances for the purposes of displaying a business or personal Web Site.
Beyond Marketing is a hosting reseller and follows the terms and conditions set by the hosting company (“Host” or “Hosts”) it resells services for. Hosting clients will be monitored to ensure they operate under the Hosts’ terms and conditions of service (a copy of the Host’s terms will be provided to you upon Your request). If Your Web Site is not in agreement with the Host’s terms, you will be notified in writing. Any failure by You to rectify Your Web Site could result in suspension or termination as outlined below. Since Beyond Marketing is not in control of the Hosts’ services it cannot be held responsible for any downtime suffered during the use of such Web Site hosting services.
Hosting services charges are based upon the rates set by the Host. Should the rates increase, Beyond Marketing reserves the right to bill You for the difference for the remainder of Your term of such services.
Beyond Marketing strictly enforces compliance with Hosts’ acceptable use policies. If we find Your Web Site does not comply, it is cause for immediate suspension and/or termination of Your account at the sole discretion of Beyond Marketing. Beyond Marketing reserves the right to refuse to provide service to anyone at their sole discretion, for any reason whatsoever.
In no event shall Beyond Marketing be liable to You for any sums in excess of the payments made by You for Web Site hosting services, and You shall defend, indemnify and hold harmless Beyond Marketing from and against any and all claims for damages and losses of any kind whatsoever in excess of Your payments to Beyond Marketing, including but not limited to, money damages, lost profits, or any other losses due to a problems with Your Web Site.
After cancellation or non-renewal, all information stored on any Host’s network that was placed there by You or is a result of You using the services provided by Beyond Marketing is deleted after a period of approximately five (5) days from the date of cancellation. Therefore, should You require a copy of said information, You should take steps necessary to retrieve that information prior to cancellation of services. Should You fail to retrieve such information, and should You require a copy of said information after the date of cancellation, it is possible that Beyond Marketing can provide the information to You for an additional fee (to be determined at the time of request but could include data restoration and custom services fees). However, Beyond Marketing does not guarantee that it will be able to provide the information to You after the date of cancellation.
WEBSITE MAINTENANCE SERVICES
Beyond Marketing agrees to provide Web Maintenance Services according to the plan selected by You. Beyond Marketing reserves the right to change, amend and/or otherwise alter the services provided with equivalent services without prior notice to You. Web Site maintenance services shall include, without limitation, minor updates of current pages of Your Web Site. Web Site maintenance services do not include redesigning the appearance, adding major features or changing the structure of the Web Site. While Beyond Marketing will use the utmost care, Beyond Marketing does not warrant any changes made and does not guarantee Your website will be error free. After any changes are made by Beyond Marketing to Your Web Site, it is Your responsibility to check that Your site is correct and functioning.
A minimum of 20 minutes will be used for each service request made. If You need Web Site maintenance services and do not have a maintenance plan, a minimum of 60 minutes will be billed in 20 minute intervals after the first hour per each request. Turnaround time for emergencies is not guaranteed. Emergencies are defined as situations where Your Web Site is inoperable; it does not include adding new content. Unused time on Your plan does not rollover to the next month.
Text, photographs, images, figures and other graphics (“Data”) will be supplied by You. By submitting Data to Beyond Marketing, You hereby warrant, represent, and guarantee that you own all rights, title and interest in and to such Date and/or are duly authorized by the owner of all such Data to use the supplied Data in the manner You indicate. You will defend, indemnify, and hold harmless Beyond Marketing from and against and against any and all claims arising in any manner from the use of any Data supplied by You.
In order for Beyond Marketing to service a Web Site, You must provide FTP access to the Web Site to Beyond Marketing if You do not use Beyond Marketing hosting services. By providing access to Beyond Marketing, You authorize Beyond Marketing to access Your account. If You do not provide this information or it is changed, Beyond Marketing cannot be held responsible for not performing services. Web Sites not developed by Beyond Marketing may not be eligible for Web Site maintenance services.
In no event shall Beyond Marketing be liable to You for any sums in excess of the payments made by You for Web Site maintenance, and You shall defend, indemnify and hold harmless Beyond Marketing from and against any and all claims for damages and losses of any kind whatsoever in excess of Your payments to Beyond Marketing, including but not limited to, money damages, lost profits, or any other losses due to a problems with Your Web Site.
WEB DEVELOPMENT SERVICES
Beyond Marketing takes the utmost care with respect to the Web Site development. However, You understand, acknowledge, and agree that there is no guarantee made by Beyond Marketing as to the quality, exposure and development of Your Web Site. Beyond Marketing will not be liable for any material you provide to be included on Your Site, and Beyond Marketing shall not be liable for any coding errors to the Web Site after the Web Site has been published. In the event Beyond Marketing fails to comply with the terms of any written contract or agreement between you and Beyond Marketing for Web Site development services, then Your sole remedy is a refund of the payments made by You to Beyond Marketing for such services. In no event shall Beyond Marketing be liable to You for any sums in excess of the payments made by You to Beyond Marketing for Web Site development, and You shall defend, indemnify and hold Beyond Marketing harmless from any and all claims for damages and losses of any kind whatsoever in excess of Your payments to Beyond Marketing, including, but not limited to, money damages, lost profits, or any other losses due to a problem with Your Web Site.
Beyond Marketing shall have the right to use Your Web Site for display, publication, promotion and advertisement purposes. All images and designs created by Beyond Marketing for Your Web Site are protected by federal copyright law and may not be copied by You or any other party without the prior written consent of Beyond Marketing. Data provided by You to Beyond Marketing will remain Your property. In addition, You acknowledge and understand that other than the rights to use Your Web Site, You have no rights in or to or ownership of in any source code included in Your Web Site. Upon dissolution of or the cessation of operation of Beyond Marketing, or any of its successors or assigns, You will be granted full rights to any such source code, provided that you may not sell or transfer any such source code to any other party.
Any damage done to Your Web Site (modifying source code, deleting files, etc.) by You is Your sole responsibility. Work done by Beyond Marketing to repair any such damage will require additional billing to be determined in its reasonable discretion by Beyond Marketing. You may also incur additional billing for any design changes after you have approved the initial design of Your Web Site.
DESIGN SERVICES
Beyond Marketing will take the utmost care in developing Your design but You understand, acknowledge, and agree that it is Your responsibility to make sure the content is accurate. Beyond Marketing shall not be liable for any materials published.
Beyond Marketing shall have the right to use the design for display, publication, promotion and advertisement purposes. All images and graphics created by Beyond Marketingfor the design are protected by federal copyright law and may not be copied by You or any other party without the prior written consent of Beyond Marketing. Images, documents and Data provided by You to Beyond Marketing will remain Your property.
Design services requiring printing by a third party will be Your responsibility. While Beyond Marketing will facilitate the actions between You and any such third party, it will be Your responsibility to approve the work of and make all necessary payments to any such third party. Beyond Marketing shall not be held responsible for the quality of work provided by any third party.
LICENSE
Beyond Marketing, subject to the terms and conditions set forth herein, hereby grants You a non-exclusive, limited, personal, license to use the Beyond Marketing services for the Term set forth herein. Your rights under hereunder, and under any other written contract or agreement between You and Beyond Marketing may be assigned by You only upon prior written notice by You and express written approval by Beyond Marketing. Any other assignment or attempted assignment by You of such rights shall be null and void.
OWNERSHIP OF INTELLECTUAL PROPERTY
Beyond Marketing owns all rights, titles and interests in and to Beyond Marketing’s intellectual property, including, but not limited to, trademarks, trade names, service marks, inventions, copyrights, trade secrets, source code, patents, pending patent applications, know-how relating to the design, function or operation of plans and of the hardware and software systems and resources necessary to provide any individual service elements of which they consist (hereinafter collectively referred to as “Beyond Marketing IP”). Neither the terms and conditions stated herein, nor the terms and conditions of any separate written contract or agreement between You and Beyond Marketing shall constitute any license to You to use any Beyond Marketing IP. Your use of any Beyond Marketing IP proprietary information owned or licensed by Beyond Marketing is limited to Your use in connection with the Beyond Marketing Web Site, Web Site design services, Web Site hosting services, Web Site maintenance services, or other services referenced herein, and/or any Beyond Marketing software, service, or product made available to You.
DISCLOSURE OF INFORMATION
We do not sell, trade, or otherwise transfer to outside parties Your personally identifiable information. This does not include trusted third parties who assist us in operating our Web Site, conducting our business, or servicing You, so long as those parties agree to keep this information confidential. We may release Your information when we believe release is appropriate to comply with applicable laws or regulations, or to enforce our Web Site policies or the terms and conditions of Hosts, or to protect the legal or property rights, personal property, or personal safety of You, Beyond Marketing, or its employees, agents, or representatives, or of any third party. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
TERM
The terms and conditions stated herein shall remain in full force and effect during the period selected by You at the commencement of Your account or for the length of any written contracts or agreements between You and Beyond Marketing or the duration of time using products developed by Beyond Marketing, whichever period is longer. Periodic accounts (monthly, annual, biannual) shall be automatically renewed and the payment frequency for such accounts is established according to the payment method listed on the account. Additional options/overages are billed monthly.
SUSPENSION AND TERMINATION
Suspension – At the sole option of Beyond Marketing for any reason set forth herein or in the event that You breach any of Your obligations under these terms and conditions, or under the terms and conditions of any written contract or agreement between You and Beyond Marketing, including, but not limited to the payment of fees terms or any violation of a Host’s Acceptable Use Policy or terms and conditions of use, Beyond Marketing may suspend Your account by deactivating any access by You and/or by Web users to any information contained on the servers related to Your account while maintaining the information and data related to Your account upon such servers. Suspension shall specifically include the disabling of Your hosted domain and/or any access to information or data related to Your account. Beyond Marketing may, at its sole discretion, provide You with notification of such suspension. At Beyond Marketing’s sole discretion, Beyond Marketing may provide You with an opportunity to correct such breach or violation. Upon being notified of an opportunity to correct such breach or violation, if such breach or violation is not corrected as instructed by Beyond Marketing, the account may be terminated. Service charges will continue to accrue on suspended accounts as if they were not suspended. You will remain responsible for the payment of any such charges during any such period of suspension. Should any account require suspension, Beyond Marketing will retain the right to recover from You costs, losses, damages, indemnity, defense costs, expert costs, reasonable collection costs and/or reasonable attorney’s fees or other costs of any kind as may be applicable under South Carolina Law.
These terms and conditions shall remain in full force and effect until the business relationship between you and Beyond Marketing is terminated, provided, however, that all terms and conditions relating to defense, indemnity, collection and payment shall survive any such termination. Termination shall include, without limitation, the removal of any and all of Your information from Hosts’ servers. Such information or data may or may not be made available to You by Beyond Marketing after any such termination. Termination of Your account is within the sole discretion of Beyond Marketing and Your account may be immediately terminated in accordance with these terms and conditions, at any time with immediate effect.
Beyond Marketing may, at its sole discretion, limit or deny access to Hosts’ servers, for any reason, including the blocking of certain ports and/or the denial of certain services, if, in the sole discretion of Beyond Marketing, such limitations or denials of access are required to assure the security of the Hosts’ network, the integrity of the Hosts’ network structure, or to prevent damage to the Hosts’ network, the software or the data stored on such servers.
Should any account require termination, Beyond Marketing will retain the right to recover from You losses, damages, indemnity, defense costs, expert costs, reasonable collection costs and/or reasonable attorney’s fees or other costs of any kind as may be applicable under Indiana Law.
INFORMATION USAGE AND COMMUNICATIONS
You hereby consent and agree that any information Beyond Marketing may collect from You and/or maintain with respect to You, including, but not limited to, Your account information, dates of service, billing records, usage statistics, site statistics, services purchased, domain name purchases, correspondence to or from Beyond Marketing concerning You or Your account, or other information which in Beyond Marketing’s sole judgment is reasonable, Beyond Marketing may disclose such information to public or private third parties as applicable law may require or permit. The decision as to whether to disclose such information as may be required, permitted or otherwise reasonable shall be within the sole discretion of Beyond Marketing and may include, but shall not be limited to: (1) compliance with court order, subpoena or other request of any State or Federal government; (2) compliance with the Electronic Communications Decency Act; or (3) compliance with the Digital Millennium Copyright Act.
During and after the Term set forth herein, You agree to receive periodic emails from Beyond Marketing in regards to Beyond Marketing or partner products, services, Your account, and system conditions, terms and conditions changes, updates and/or schedules.
You agree during the Term set forth herein to maintain true and accurate account information on file with Beyond Marketing, specifically including Your Name, address, E-mail address, telephone number, billing information and any other account information requested at any time during the sign-up process. You further agree that the failure to provide or maintain such accurate information is a material breach of these terms and conditions and may subject Your account to suspension and/or termination.
NOTICE
Any notice under this agreement shall be given by Beyond Marketing to You via E-mail at the address initially provided by You to Beyond Marketing or as updated in writing by You to Beyond Marketing. Notice to You at this address is deemed sufficient regardless of Your receipt of such an E-mail.
Any notice by You to Beyond Marketing shall be made in writing and sent via United States Mail to the following Address:
Beyond Marketing, LLC
100 Main St, Suite 203
Fort Mill, SC 29715
INFRINGEMENT POLICY
Beyond Marketing, pursuant to 17 U.S.C. Section 512, as amended by Title II of the Digital Millennium Copyright Act (the “Act”), and pursuant to any applicable regulations governing patents and/or trademarks, reserves the right to terminate Your account if Beyond Marketing determines, in its sole discretion, that You are involved in infringing activity that may be in violation of the foregoing, including, without limitation, alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing.
DIGITAL MILLENNIUM COPYRIGHT ACT COMPLIANCE
It is Beyond Marketing policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. If You are a copyright owner or an agent thereof, and You believe that any content hosted by Beyond Marketing infringes your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”). All claims of infringement must be submitted to Beyond Marketing in a written complaint to the following address:
Beyond Marketing, LLC
100 Main St, Suite 203
Fort Mill, SC 29715
WARRANTIES AND LIMITATIONS
Beyond Marketing makes every reasonable effort to maintain operation of the Beyond Marketing Web Site service. However, because many events and circumstances are beyond the control of Beyond Marketing, Beyond Marketing does not in any way warrant or otherwise guarantee the availability of the Beyond Marketing Web Site, system or Hosts’ servers and is not responsible for any delay or loss of data, lack of connection, slow connection, or any other such issues, whether due to the active or passive negligence of Beyond Marketing.
THE BEYOND MARKETING DESIGN SERVICE IS PROVIDED TO YOU ON AN “AS IS” BASIS, AND WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. BEYOND MARKETING SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
In general, Beyond Marketing has no control over information contained on the Internet. Information obtained by You from the Internet may be inaccurate, offensive or in some cases even illegal. Beyond Marketing accepts no responsibility for any information which You receive from the Internet. You accept full responsibility to verify the truth and accuracy, legality and ownership of the information that You obtain from the Internet, as well as the reputation of the individuals with whom You may deal. Beyond Marketing provides no warranty, express or implied, for any goods or services which You obtain over the Internet, nor for the compatibility of any such services with the Beyond Marketing system.
You specifically hereby waive any claim for damages or costs of any kind whatsoever, whether direct, indirect, special, exemplary, punitive, incidental or consequential, and including, without limitation, loss of profits or loss of business or business interruption as the result of any action taken in response to any claim of copyright infringement, without regard to whether or not the material claimed to have been infringing is later found to be infringing.
THE TOTAL SOLE AND EXCLUSIVE REMEDY AVAILABLE TO YOU AS THE RESULT OF ANY BREACH OF THESE TERMS AND CONDITIONS, NEGLIGENCE, OR ANY ACTION OR FAILURE TO ACT BY BEYOND MARKETING, WHETHER INTENTIONAL OR OTHERWISE, SHALL BE LIMITED TO THE TOTAL AMOUNT OF SERVICE FEES PAID BY YOU TO BEYOND MARKETING IN THE THREE MONTHS IMMEDIATELY PROCEEDING ANY CLAIM OR ALLEGATION BY YOU OF ENTITLEMENT TO SUCH REMEDY. IN NO EVENT SHALL BEYOND MARKETING BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS OR LOSS OF BUSINESS OR BUSINESS INTERRUPTION AS THE RESULT OF ANY SUCH ACTION OR INACTION WITHOUT REGARD TO THE LIKELIHOOD OF ANY SUCH DAMAGES.
THIRD PARTY LINKS
Beyond Marketing may link to sites operated by third parties. Beyond Marketing has no control over these linked sites which operate under their own terms and privacy policies. These sites are only for your convenience and should be accessed at your own risk.
INDEMNIFICATION
You agree to fully defend, indemnify, and hold harmless Beyond Marketing from and against any and all third party claims, causes of action, demands, costs, damages, including direct, indirect, or consequential damages, and specifically including reasonable attorney’s fees and costs, expert fees and costs and mediation and/or arbitration fees and costs incurred (whether paid by Beyond Marketing or not) as the result of any violation or claimed violation of any copyright or other intellectual property right of any third party which is in any way related to Your use of the Beyond Marketing Web Site or services, or any portion thereof. Choice of counsel remains exclusively that of Beyond Marketing.
You agree that upon the assignment of Your user ID and password that You will maintain the confidentiality of Your account information and assume all responsibility of and from any loss, theft or other destruction of any data as the result of any access to Your account via the use of Your user ID. You further agree to defend, indemnify, and hold harmless Beyond Marketing of and from any and all third party claims, causes of action, demands, costs, damages, including direct, indirect, and consequential damages, and specifically including reasonable attorneys fees and costs, expert fees and costs and mediation and/or arbitration fees and costs incurred (whether paid by Beyond Marketing or not) as the result of any claim for damages in any way related to the disclosure of Your confidential User ID and Password information. Choice of counsel remains exclusively that of Beyond Marketing.
FORCE MAJEURE
Beyond Marketing shall be excused from any delay or failure in performance hereunder caused by reason of any occurrence or contingency beyond its reasonable control, including but not limited to, acts of God, earthquake, labor disputes and strikes, riots, war, acts of terrorism, governmental requirements, and/or any other matters beyond the control of Beyond Marketing.
ASSIGNMENT
Your rights hereunder may be assigned only upon prior written notice by you to Beyond Marketing and expressly approval in writing by Beyond Marketing. Beyond Marketing may assign its rights hereunder to any person or entity who shall become a principal owner or shareholder of Beyond Marketing, or to any successor in interest. Any other attempted transfer or assignment of rights hereunder shall be null and void.
SEVERABILITY
If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from the Agreement.
CHOICE OF LAW
This Agreement shall be interpreted under the laws of the State of Indiana without regard to any conflict of laws provisions. Any action between the parties to enforce these terms and conditions or to enforce any written contract or agreement between You and Beyond Marketing, shall be brought in the state courts of South Carolina, County of York. Both You and Beyond Marketing hereby consent to jurisdiction in such courts, agree to accept service by mail, and hereby waive any defense of any kind related to jurisdiction or venue.
NO AGENCY
Notwithstanding any other provision of this agreement, Beyond Marketing is not Your agent, partner or joint venturer in any respect.
AMENDMENT
Beyond Marketing may, without advance notice, amend these terms and conditions from time to time, and will do so by posting such amended terms and conditions on the Beyond Marketing Web Site. Each and every such amendment shall be become effective immediately upon such posting for all pre-existing and future accounts.
