TERMS OF SERVICE
Important – Read Carefully
In order to access some features of the Site, you will have to create an account. When creating an account, you agree to provide accurate and complete information. You are solely responsible for the activity that occurs on your account. You agree to keep your password confidential. You may not share your password or permit anyone else to use your account.
You must notify the Company immediately of any breach of security or unauthorized use of your account. You agree to never use another’s account without permission from the Company. Your right to use the Site is not transferable. Any password or right given to you to obtain information or documents or to purchase products or services is not transferable. The Company is not liable for any loss that you may incur as a result of someone else using your account, either with or without your knowledge.
How You May Use the Intellectual Property
The content of this Site is protected by copyright under both United States and foreign laws. You may download and view a single copy of the materials found on the Site for informational purposes and personal use only, provided that any copy that you make of the Company’s Intellectual Property must bear any copyright, trademark or other proprietary notice located on the Site which pertain to the Intellectual Property being copied. Except as authorized in this paragraph, you are not being granted a license under any copyright, trademark, patent or other intellectual property right in the material or the products, services, processes or technology constituting the Intellectual Property. All such rights are retained by the Company or any third party owner of such rights. You may not create framed links or deep links to the Site without express written permission from the Company.
Content on the Site is being provided to you “AS IS” and “AS AVAILABLE” for informational purposes only. You may not use the Site for any commercial purposes without the express written consent of the Company. The Company, our logo, and all related design marks and slogans are the trademarks or service marks of the Company or its subsidiaries or affiliates. You are not authorized to use the Company name or mark in any advertising, publicity, or any other commercial manner without the prior written consent of the Company.
Notification and Procedure for Making Claims of Copyright Infringement
It is the Company’s policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to terminate the accounts of repeat infringers. You may notify the Company if your work has been copied in a way that you believe constitutes copyright infringement. In compliance with Title 17, United States Code, Section 512(c)(2), the Company has designated a Copyright Agent to receive any such notification. The complete details of providing such notification to the Company’s Copyright Agent are located on the Site.
Restrictions on Use of Site and Services by Member
You agree not to use the Site for any purpose that is unlawful or prohibited by the Agreements. You may not use the Site in any manner that could damage, disable, overburden, or impair this Site or interfere with any other party’s use of the Site. You may not seek to obtain any materials or information through the Site by any means not intentionally made available or provided for through the Site.
No Scraping or Aggregation
You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “scripts,” “webcrawlers,” or “offline readers,” that accesses the Site in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period using a conventional on-line web browser. The Company reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Site. You agree not to solicit, for commercial purposes, any users of the Site. You agree that you will not use any device, software or routine that interferes with the proper working of the Site nor shall you attempt to interfere with the proper working of the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
How we may use information you provide to us
Any feedback, data, answers, reviews questions, opinions, advice, statement, recommendation, comments, suggestions, ideas, or the like (“Posts”) which you send to the Company will be treated as non-confidential and nonproprietary and you agree that any such Posts may be reproduced, used, and distributed by the Company for any purpose without restriction. You are solely responsible for your Posts.
Third Party Sites
All product and service marks contained herein that are not the Company marks are the trademarks of their respective owners. References that we make to any names, marks, products or services of third parties or hypertext links to third party sites or information do not necessarily constitute or imply our endorsement, sponsorship, or recommendation of the third party, information, product, or service.
You agree to defend, indemnify, and hold harmless the Company and its employees, agents, directors, officers, and shareholders from and against all liabilities, claims, damages, and expenses (including without limitation reasonable attorneys’ fees and costs) arising out of your use of the services, your breach or alleged breach of this agreement, and your breach or alleged breach of the intellectual property or proprietary or other rights of third parties.
Disclaimer of Warranties/Limitation of Liability
ALL MATERIALS, INFORMATION, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE.” THE COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. The Company makes no warranties or representations concerning the suitability, reliability, availability, timeliness, or accuracy of the information, products, or services contained in or obtained through the site for any purpose. YOUR USE OF THIS SITE IS SOLELY AT YOUR OWN RISK. Some jurisdictions do not permit the exclusion of certain warranties; these exclusions may not apply to you.
IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, SPECIAL, PUNITIVE, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, USE, OR DATA WHETHER BROUGHT IN CONTRACT OR TORT, ARISING OUT OF OR CONNECTED WITH THE SITE OR THE USE, RELIANCE UPON, OR PERFORMANCE OF ANY MATERIAL CONTAINED IN OR ACCESSED FROM BEYONDTHETREES.NET, INCLUDING WITHOUT LIMITATION THE ACCURACY OF BUSINESS INFORMATION POSTED THEREIN.
In no event shall the total aggregate liability of the company for any claims, losses or damages exceed the total amount paid by you to the Company for the service for which such claim, loss or damage occurred, whether in contract, tort, or otherwise, including without limitation due to negligence. The foregoing limitation of liability and exclusion of certain damages shall apply regardless of the success or effectiveness of other remedies. If any action is necessary to enforce or interpret the terms of this Agreement, the Company, if determined to be the prevailing party in accordance with applicable case law in Ohio shall be entitled to reasonable attorneys’ fees, costs and necessary disbursements from you in addition to any other relief to which the Company shall be entitled.
The Site also contains information about us and our mission. While this information was believed to be accurate as of the date prepared, we disclaim any duty or obligation to update this information.
If you are dissatisfied with any portion of the site or the associated services, your sole remedy is to cease using them.
A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings concerning this agreement.
The Company reserves the right to terminate your access to the Site or to any or all of the services at any time without notice for any reason whatsoever. Upon request for cancellation by you or termination of services by the Company or you, you may be entitled to a refund of fees, if any, paid to the Company by you. Any such refund, if available, shall be governed by the terms and conditions of the Company’s Refund Policy located on the Site.