Terms of Service
Posted: March 1, 2012
The terms and conditions set forth below (the "Agreement") govern a user's (also referred to hereafter as "you" or "your") use of the Beat Generals, LLC (also referred to hereafter as "we," "us," or "our") website currently located at [http://www.beatgenerals.com] (the "Site") and is effective upon the "Posted Date" above ("Effective Date"). If you do not agree with any of the terms contained herein this Agreement, do not access or otherwise use this Site or any information contained on this Site. We reserve the right to modify the terms of this Agreement at any time effective upon the Posted Date above. It is your responsibility to periodically review this Agreement and any changes thereto. Any use of the Site shall be deemed as your acceptance of this Agreement and any modifications thereto. This Site is published and maintained by Beat Generals, LLC and its authorized representatives, licensors, and service providers.
This Site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Users of the Site may access, view, stream, or download (as applicable and only one download copy permitted) of any and all materials on the Site for personal, non-commercial use, provided that they do not modify or alter the materials in any way, nor delete or change any copyright or trademark notice. All material on this Site is provided for lawful purposes only. None of the information on this Site may be distributed or transmitted in any way for any commercial or non-commercial use that is not expressly permitted by Beat Generals, LLC. Beat Generals, LLC reserves full ownership of intellectual property rights in any materials on or downloaded from this Site.
Images and Colors
We have made every effort to display images, videos, and content that appear on the Site as accurately as possible; however, we cannot guarantee that your computer monitor, display settings, or browser configuration will display images, videos, and content or render the colors within such images, videos, and content correctly, and we shall not be liable for any such inaccurate display or presentation.
Tampering with this Site, misrepresenting the identity of a user, circumventing, disabling or otherwise interfering with security features, interfering with or disturbing related networks, hardware and databases, or conducting fraudulent activities on this Site are prohibited.
Privacy; Username and Passwords
Denial of Access
If, in our sole discretion, you fail to comply with any term or provision of this Agreement, we may deny you access to this Site. In the event of such denial of access, you are no longer authorized to access or use the Site, and the restrictions imposed upon you with regard to the disclaimers of liability and indemnification set forth herein shall continue in full force and effect.
Validating Your Subscription
Once you sign up for our subscription service on the Site, we reserve the right to verify the information you have provided, including but not limited to the method of payment. We have the right to reject any order you place with us without providing a reason. We will attempt to notify you using the information you provided during the order process if any order is rejected. You may sign up for a "Trial Account" and utilize the trial portions of the Site, free of charge ("Trial Service"). Beat Generals, LLC disclaims all liability for and makes no warranties or representations, whatsoever, related to your use of the Trial Service, and Beat Generals, LLC may discontinue or modify the Trial Service at any time without notice to you.
Disclaimer of Liability; Indemnification
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN A SEPARATE WRITTEN AGREEMENT BETWEEN YOU AND BEAT GENERALS, LLC, THIS SITE, ALL CONTENTS AND ALL PRODUCTS AND SERVICES PROVIDED ON OR THROUGH THIS SITE ARE PROVIDED ON AN "AS IS" BASIS. WE DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR OTHERWISE. WE DO NOT WARRANT THAT YOUR USE OF THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THIS SITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. ALTHOUGH WE ENDEAVOR TO PROVIDE ACCURATE INFORMATION, WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY OR RELIABILITY OF INFORMATION ON THIS SITE. YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER BEAT GENERALS, LLC NOR ITS AFFILIATED OR RELATED ENTITIES OR ITS VENDORS OR SERVICE PROVIDERS SHALL BE LIABLE TO ANY PERSON OR ENTITY FOR ANY INDIRECT LOSS, DAMAGES (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHERWISE), INJURY, CLAIM, OR LIABILITY OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM YOUR USE OR INABILITY TO USE THIS SITE, OR ANY INFORMATION, PRODUCTS, SERVICES, OR MATERIALS PROVIDED ON OR THROUGH THE SITE, AND WHETHER OR NOT BEAT GENERALS, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY MATERIALS, PRODUCTS, OR SERVICES ON OR PROVIDED THROUGH THE SITE, OR WITH ANY OF THE TERMS OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS BEAT GENERALS, LLC, ITS SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISTRIBUTORS, VENDORS AND AFFILIATES FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, LIABILITIES, COSTS OR EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT. BOTH PARTIES ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS SITE, OR THE PRODUCTS OR SERVICES SOLD ON OR THROUGH THIS SITE, MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. BEAT GENERALS, LLC'S TOTAL LIABILITY FOR ANY AND ALL CLAIMS HEREUNDER SHALL IN NO EVENT EXCEED THE SUBSCRIPTION FEES YOU HAVE PAID TO BEAT GENERALS, LLC DURING THE SIX (6) MONTH PERIOD PRIOR TO THE TIME WHEN YOUR CLAIM AROSE.
Choice of Law
This Agreement shall be governed by and construed in accordance with the internal laws of the State of Ohio without giving effect to any choice or conflict of law provision or rule (whether of the State of Ohio or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Ohio. Any legal suit, action or proceeding arising out of or based upon this Agreement or the transactions contemplated hereby may be instituted in the federal courts of the United States of America or the courts of the State of Ohio in each case located in the city of Dayton and County of Montgomery, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding. The parties irrevocably and unconditionally waive any objection to the laying of venue of any suit, action or any proceeding in such courts and irrevocably waive and agree not to plead or claim in any such court that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum.
You represent and warrant that you are 17 years of age and are fully able and competent to enter into and comply with the terms of this Agreement.