User Agreement
By accessing or using this BeyondGlobal, LLC (“BeyondGlobal”) website (this "Site"), you, on behalf of yourself and any of your affiliates and/or representatives that access this Site (collectively, "you"), hereby accept and agree to comply with the terms and conditions set forth in this User Agreement. This User Agreement is a binding agreement between you and BeyondGlobal, and governs your access to and use of information received from BeyondGlobal via this Site or otherwise, which includes any text, graphics, user interfaces, visual interfaces, information, data, tools, products, services and other content (collectively, "Content"), including, but not limited to, the design, structure, selection, coordination, expression and arrangement of the Content available on or through this Site. You may contact BeyondGlobal by e-mail at info@beyond-global.net with questions about the terms and conditions of this User Agreement.
1. BeyondGlobal grants you a limited right to use this Site.
You hereby acknowledge and agree that:
- Your right to access and use this Site is subject to your agreement to abide by this User Agreement in its entirety.
- At any time and for any reason BeyondGlobal may revoke your right to access or use all or any portion of this Site.
- You may not directly or indirectly violate or attempt to violate the security of this Site.
- You may not decompose, decompile, reverse engineer, disassemble or otherwise deconstruct all or any portion of this Site.
2. This Site and the Content are owned by BeyondGlobal, its affiliates and/or third parties.
You hereby acknowledge and agree that:
- This Site and the Content are protected by one or more copyrights, patents, database rights, trademarks, servicemarks and/or other intellectual property and proprietary rights that are owned by BeyondGlobal, its affiliates and/or third parties.
- You may not publish, broadcast, retransmit, reproduce, repackage, frame, commercially exploit, create any derivative of or otherwise redistribute all or any portion of this Site and the Content except as explicitly permitted in this User Agreement.
- You may print copies of any accessible portion of this Site only for your use in your capacity as a Client.
- You may not remove any copyright, trademark or other proprietary notice or legend contained on (or printed from) this Site.
3. You make certain representations and warranties regarding your use of this Site.
You represent and agree that:
- You have full authority and all rights necessary to enter into and fully perform all of your obligations pursuant to this User Agreement;
- You have not and you will not enter into any agreement or perform any act which might contravene any term of this User Agreement; excluding any agreement containing confidentiality provisions that you have entered into with BeyondGlobal, which confidentiality provisions shall supersede the relevant terms of this User Agreement;
- You will not delete or alter any Content; and
- You may not disclose any Content or any other non-public or proprietary information provided to you by BeyondGlobal directly or indirectly, via this Site or otherwise (whether oral, written, electronic or otherwise), to any third party, except as provided in Section 6.
4. All Content is for informational purposes only.
You hereby acknowledge and agree that:
- Although this Site may include investment-related information, nothing on this Site is a recommendation that you (or any investor or prospective investor that you advise) purchase, sell or hold any security or other investment, or that you (or any investor or prospective investor that you advise) pursue any investment style or strategy.
- BeyondGlobal does not give any advice or make any representations through this Site as to whether any security or investment is suitable to you (or any investor or prospective investor that you advise) or will be profitable.
- Nothing on this Site is intended to be, and you should not consider anything on this Site to be, investment, accounting, tax or legal advice.
- If you would like investment, accounting, tax or legal advice, you should consult with your own financial advisors, accountants or attorneys regarding your individual circumstances and needs.
5. There are various risks you assume in relying on the Content.
You hereby acknowledge and agree that:
- Dated Content speaks only as of the date indicated.
- BeyondGlobal uses reasonable efforts to provide accurate Content, but at times BeyondGlobal may not promptly update or correct this Site and/or the Content.
- BeyondGlobal may change all or any portion of this Site and/or the Content at any time without notice to you.
- BeyondGlobal does not endorse the opinions of, or warrant the accuracy of facts or other Content contributed by, any third party.
- You agree that BeyondGlobal is not liable for any action you take or decision you make in reliance on any Content.
6. BeyondGlobal is not liable for any technological problems and any impact that it may have.
You hereby acknowledge and agree that:
- All or any portion of this Site may not be available and may not function properly at any time.
- BeyondGlobal makes reasonable efforts to avoid technological problems, but at any time this Site may have and may cause technological problems such as viruses and other damaging computer programming routines or engines.
- BeyondGlobal takes reasonable security precautions when using the Internet, telephone or other means to transport data or other communications, but disclaims liability for any interception of data or communications.
- BeyondGlobal makes reasonable efforts to ensure that this Site is secure but does not guarantee the security of this Site.
- BeyondGlobal is not liable for any damage or injury caused by the performance or failure of performance of all or any portion of this Site.
BeyondGlobal is not liable for any defects, delays or errors in or resulting from your use of this Site.
7. BeyondGlobal is not responsible for information on any third-party website that is referred to in, or accessible or connected by hyperlink to, this Site.
You hereby acknowledge and agree that:
- If you access any third-party website through this Site or otherwise, you do so at your own risk.
- Hyperlinks to or from this Site do not constitute third-party endorsement of, sponsorship by or affiliation with BeyondGlobal.
8. BeyondGlobal has the right but not the obligation to monitor and record activity on this Site and respond as it deems appropriate.
You hereby acknowledge and agree that:
- BeyondGlobal may monitor and record activity on this Site for any reason or for no reason.
- BeyondGlobal may investigate any complaint or reported violation of its policies.
- BeyondGlobal may report any activity that it suspects may violate any law or regulation to regulators, law enforcement officials or other persons or entities that it deems appropriate.
- BeyondGlobal may issue warnings, suspend or terminate use of this Site, deny access to all or part of this Site or take any other action with respect to this Site that it deems appropriate.
9. BEYONDGLOBAL DISCLAIMS ALL WARRANTIES WITH RESPECT TO THIS SITE AND THE CONTENT THAT THE LAW ALLOWS IT TO DISCLAIM.
You hereby acknowledge and agree that:
- THIS SITE IS PROVIDED "AS IS" AND "AS AVAILABLE."
- BEYONDGLOBAL DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THIS SITE AND THE CONTENT INCLUDING WARRANTIES OF:
- MERCHANTABILITY,
- FITNESS FOR A PARTICULAR PURPOSE, AND
- NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND OTHER PROPRIETARY RIGHTS.
- WITHOUT LIMITING ITS GENERAL DISCLAIMER, BEYONDGLOBAL DOES NOT WARRANT THE AVAILABILITY, ACCURACY, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, SEQUENCING OR SPEED OF DELIVERY OF THIS SITE OR ANY PART OF THE CONTENT.
10. BEYONDGLOBAL'S LIABILITY WITH RESPECT TO THIS SITE AND THE CONTENT IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
You hereby acknowledge and agree that:
- IN NO EVENT WILL BEYONDGLOBAL OR ANY OF ITS AFFILIATES, AGENTS OR EMPLOYEES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED ARISING OUT OF THIS USER AGREEMENT, THIS SITE, THE INABILITY TO USE THIS SITE AND/OR THE CONTENT, OR TRANSACTIONS ENTERED INTO THROUGH THIS SITE.
- BEYONDGLOBAL'S LIABILITY IS LIMITED EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF THE DAMAGES THAT YOU SUFFER OR IF ANY REMEDY YOU HAVE FAILS ITS ESSENTIAL PURPOSE.
- UNDER ALL CIRCUMSTANCES, THE MAXIMUM LIABILITY OF BEYONDGLOBAL, ITS AGENTS AND EMPLOYEES TO ANY USER OF THIS SITE WITH RESPECT TO THIS SITE IS $100.
- THIS DISCLAIMER OF LIABILITY APPLIES TO ANY AND ALL DAMAGES OR INJURY, INCLUDING THOSE CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF ANY ASSET, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION.
11. You will be responsible for any liability to BeyondGlobal that arises out of your breach of this User Agreement or your use of this Site.
- You agree to indemnify, defend and hold harmless BeyondGlobal and its affiliates, agents, employees and third-party sources, and the successors and assigns of the foregoing persons ("BeyondGlobal Indemnitees") from and against any and all suits, losses, claims, demands, liabilities, damages, costs and expenses (including reasonable cost of investigation and attorneys' fees) which, jointly and severally, the BeyondGlobal Indemnitees may incur in connection with:
- your access to or use of this Site and the Content,
- your breach of this User Agreement or any representation, warranty or covenant made by you in this User Agreement,
- your violation of any applicable law, statute, ordinance, regulation or of any third party's rights,
- claims asserted by third parties which, if proven, would place you in breach of representations, warranties, covenants or other provisions contained in this User Agreement,
- your disclosure of Content or any other non-public or proprietary information provided to you by BeyondGlobal directly or indirectly, via this Site or otherwise (whether oral, written, electronic or otherwise), in contravention of this User Agreement.
- your breach of this User Agreement in connection with Section 3.
12. YOU AGREE TO RESOLVE BY ARBITRATION ANY CONTROVERSY ARISING BETWEEN YOU AND BEYONDGLOBAL AND/OR ANY OF ITS RESPECTIVE CONTROL PERSONS, PREDECESSORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS AND EMPLOYEES.
- With respect to the resolution of any such controversy, you further acknowledge and agree that:
- Arbitration is final and binding on the parties.
- The parties are waiving their right to seek remedies in court, including the right to jury trial. Pre-arbitration discovery is generally more limited than and different from court proceedings.
- The arbitrators' award is not required to include factual findings or legal reasoning and any party's right to appeal or to seek modification of rulings by the arbitrators is strictly limited.
- Any arbitration under this User Agreement shall be conducted in New York City before a panel of three (3) arbitrators pursuant to the JAMS Comprehensive Arbitration Rules and Procedures, except to the extent that such rules are modified by this User Agreement. Arbitration is initiated by a party serving the other party with a written demand for arbitration or a written notice of intention to arbitrate.
- No person shall bring a putative or certified class action to arbitration nor seek to enforce any pre-dispute arbitration agreement against any person who has initiated in court a putative class action or who is a member of a putative class who has not opted out of the class with respect to any claims encompassed by the putative class action until:
- the class certification is denied;
- the class is decertified; or
- the customer is excluded from the class by the court. Such forbearance to enforce an agreement to arbitrate shall not constitute a waiver of any rights under this User Agreement except to the extent stated herein.
13. New York law governs this User Agreement.
You hereby acknowledge and agree that:
- Any issue concerning the extent to which any dispute is subject to arbitration, or concerning the applicability, interpretation, or enforceability of these arbitration procedures, including any contention that all or part of these procedures are invalid or unenforceable, shall be governed by the Federal Arbitration Act and resolved by the arbitrators. All other issues shall be governed by the law of the State of New York, without regard to its choice of law rules.
14. The distribution of this website may be restricted in certain jurisdictions.
- You hereby acknowledge and agree that it is the responsibility of any person or persons in possession of this Site to inform themselves of, and to observe, all applicable laws and regulations of any relevant jurisdiction.
15. You will be bound by revised versions of this User Agreement that BeyondGlobal posts on this Site.
You hereby acknowledge and agree that:
- Modifications will be effective immediately upon posting unless BeyondGlobal indicates otherwise.
- Your use of this Site indicates your full acceptance of this User Agreement in its then-current form each time you use this Site.
16. You are bound by certain other general conditions.
You hereby acknowledge and agree that: