By accessing or otherwise using the Site, you:
Agree to be bound and to abide by the terms and conditions set forth in this Agreement; and
Affirm that you are
18 years of age or older and are fully competent to enter into,
Abide by and comply with the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement.
DO NOT USE THE SITE IF YOU DO NOT ACCEPT AND AGREE TO THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT.
In this Agreement, the definition of the term "use" (including variations thereof) includes access, interaction, sending and receiving information, downloading and uploading, posting, browsing, making purchases (if applicable), obtaining customer service and engaging in any other activity or using the features and functions of the Site, as a visitor, registered user or otherwise, including via mobile devices. We may refer to you as "user", "you" or "your"; we may refer to Eric Beasley (including our subsidiaries, affiliates, brands, and operating units) as "we", "us" or "our"; and we may sometimes use the term "third parties," which, depending on the context, may refer to our suppliers, operational service providers, co-sponsors, promotional partners, and others.
Under this Agreement, we grant you a limited, revocable, non-transferable right to use the Site for your personal, noncommercial use. You obtain no other rights, interest, or claim to the Site or any aspect of the Site at all.
Your rights include the right to create a hypertext link that leads from another website or webpage with content, material or information (collectively, including, but not limited to, the content, material, and information, the "link") to our Site, so long as (i) the link only incorporates text and not our or anyone else’s trademarks; (ii) you do not replicate the Site or any portion of it; (iii) the link does not suggest any affiliation with, representation of, or endorsement by, us or causes, or is likely in our judgment to cause, confusion among consumers; (iv) the link does not portray us, our products, or services in a false, misleading, derogatory, or offensive manner and does not adversely affect our goodwill and reputation; and (v) the link is not embedded into, or otherwise contained within, frames representing your website unless you have our separate permission to do so. We reserve all of our rights under the law to insist that any link to the Site be discontinued, and to revoke your right to link to the Site from any other website at any time upon written notice to you.
You are prohibited from using the Site or its Content (as later defined):
To intimidate, harass, abuse, harm, insult, or discriminate based on ethnicity, race, age, national origin, disability, gender, sexual orientation, or religion;
For any unlawful purpose;
To infringe upon the intellectual property rights ofEric Beasley or others;
To violate any applicable international, federal, or state law, regulations, or rules;
To breach or attempt to breach Eric Beasley security;
Collect the personal information of others;
To submit or upload false or misleading information, viruses, or other malicious code; or
To spam, phish, crawl, scrape, or otherwise collect, store, or use Content.
This list is non-exhaustive. We reserve the right to terminate your use of the Site for violating this Agreement including, without limitation, the prohibited uses.
In order to use certain features and functions of the Site, you may be asked to register and provide certain information about yourself, which you agree to input, update and maintain accurately and completely as long as you are a registered user. Please note that although you can generally pick your own user name, we reserve the right to refuse, in our sole discretion, to grant to you the user name you request. During the registration process, you will create a password. Throughout this Agreement, we sometimes refer to the combination of your user name for the site and its accompanying password as your "ID."
The Site is proprietary to Eric Beasley, and Eric Beasley either owns or has the right to use all names, logos, brands, trade names, services, and trademarks that appear on the Site, as well as all of the icons, characters, artwork, designs, images, graphics, music, games, text, software, databases, and all copyrightable or otherwise legally protected elements of the Site including, without limitation, the selection, sequence and "look and feel" and arrangement of items ("Content"), and all programming, codes, scripts in any form and format associated with or applicable to the Site ("Code"). For purposes of this Agreement, all Content and Code are included within the meaning of the term "Site," and the Site is protected by copyright, trademark, and other intellectual property laws. We require users to respect all laws and regulations that apply to our Site, just as we respect the rights of others. We will act expeditiously to remove content from the Site that we are notified infringes the copyright of others, and, without limiting our remedies or actions, we have the right to block and disable the use of our Site by anyone who repeatedly infringes the rights of others or violates this Agreement. We take the protection of our own rights and those of others very seriously, and we employ multiple measures to prevent infringement on our Site and to attempt to promptly end any infringement that comes to our attention.
THIRD-PARTY CONTENT AND WEBSITES
This Site may contain references, URLs, links, interactive functionality, and other material related to or associated with websites, content, information, and/or material of third parties that are not affiliated with Eric Beasley. Similarly, third-party websites, including Social Media Platforms, may host and display our branded social media fan pages. We are not responsible for, nor do we assume any liability with respect to, the functionality, actions, inactions, privacy settings, privacy policies, terms, or content of any third-party website. Before enabling any sharing functions of the Site to communicate with a third-party website or otherwise visiting any such website, we strongly recommend that you review and understand the terms and conditions, privacy policies, settings, and information-sharing functions and practices of each such third-party website. The links and interactive functions for third-party websites included on the Site do not constitute an endorsement by Eric Beasley of such third-party websites. Other sites may link to the Site with or without our authorization, and we may block any links to or from the Site. YOUR USE OF THIRD-PARTY WEBSITES AND RESOURCES IS AT YOUR OWN RISK.
Pricing, Availability, and Ordering. Prices on the Site are in U.S. dollars. You acknowledge and agree there may be unintentional inaccuracies, omissions or errors regarding price, offers, descriptions, promotions, availability, or other matters, and, except as provided by law, we will not be held liable for these, but we will promptly correct them when brought to our attention. Goods may be out-of-stock or discontinued and prices are subject to change, and we may reserve the right to limit the number of items purchased, to change and update information, as well as simply to cancel orders you may have submitted (even if you received an automated confirmation) if the information on the Site is found to be inaccurate. We also reserve the right to cancel orders you may have submitted for any reason at our sole discretion. We do not claim that the information in the Site is appropriate to your jurisdiction or that the products described in our Site will be available for purchase in all jurisdictions. Product information is for informational purposes only, and although we make every effort to display products (including their colors) as accurately as possible, sometimes your device and its software can affect how products are displayed when you use the Site. Consequently, we cannot guarantee you will accurately be able to see the actual colors and specific features in every case. All ordering information, including financial information, provided must be truthful and accurate. We reserve the right to terminate any order if ordering information is inaccurate.
Shipping. Currently, we cannot ship APO and FPO (Air/Army Post Office or Fleet Post Office) boxes, and purchases are subject to applicable taxes to be paid by the purchaser, and prices do not include shipping and handling. Title (i.e., ownership) and risk of loss for all goods ordered pass to you when we deliver the goods to the carrier for shipment.
SUBMISSION OF IDEAS
Don’t send us any of your original ideas (each, an "Idea"). If you do, you are agreeing that your submission is entirely voluntary, non-confidential, gratuitous, and non-committal. We have no obligation to treat any Idea as confidential or proprietary, pay compensation for any Idea, or to respond to any Idea, and we have the right to use or disregard, in whole or in part, any Ideas. We will not be liable for the use of any Ideas nor will we incur or accept any liability, even if we adopt, use or implement anything that is similar or even identical to any Idea you submit. If you submit an Idea to us, we will have the right to use, exploit and do with the Idea as we determine, without notice or compensation, as if the Idea was original and proprietary to us.
Portions of the Site may provide you with the opportunity to submit, post, display, transmit, exchange or otherwise make available (to "post") information, content, opinions, testimonials, questions, electronic cards, send-a-friend emails, comments, messages, graphics, photographs, caricatures, likenesses, animation, spoken statements, music, audio, video, voice reproductions, computer graphics, visual effects, or any other material (collectively, "User Content"). By posting User Content to the Site, you grant us an irrevocable, non-exclusive, worldwide, royalty-free, unconditional, unrestricted, perpetual, and fully sublicensable right and license to use such User Content, in any form or format, through any transmission mechanism(s), in whole or in part, in or on any and all media, whether now known or hereafter invented, discovered or devised, alone or together or in combination with other things.
Please be careful what you decide to post, and do not post anything you do not want to become public, because you have no expectation of or right to privacy with regard to any User Content.
You represent and warrant that any User Content that you post to the Site: (i) is accurate; (ii) is original to you or you have obtained all required rights, licenses, and releases required to comply with the terms of this Agreement, including, without limitation, the rights granted to us; (iii) does not and will not, violate this Agreement or infringe upon, misappropriate or violate the rights of any other party or any law or regulation; (iv) is not harassing, obscene, libelous, tortious or otherwise unlawful, nor is it intended to injure, defame or cause damage or hurt of any kind to any other party; and (v) may be used by us as permitted in this Agreement, without notice, royalty or any other payment, liability or obligation of any kind whatsoever.
User Content is the sole responsibility of the person posting it to the Site. You will be responsible for User Content posted under your ID, even if it was not posted by you or with your permission. User Content does not reflect the views of Eric Beasley, but we do reserve the right (although we have no obligation) to monitor, edit, or screen User Content. We also reserve the right to delete, re-format, and/or change your User Content in any manner that we may determine (although you will not be responsible for any such changes made). Without limiting our remedies or rights of action in any manner, if we determine you have breached or may breach this Agreement, we may, without notice, at any time and from time to time: (i) refuse to allow you to post; (ii) remove and delete User Content; (iii) revoke your right to use the Site; and/or (iv) use any technological, legal, operational or other means available to us to enforce the provisions of this Agreement. Our Site has a limited and finite capacity, and we also may limit use for operational and other reasons. As a result, some User Content may not ultimately be posted to the Site, and we have no obligation to you and assume no responsibility for User Content.
You agree that you may not attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Site or the Site's services, or any content thereof, or make unauthorized use thereof. You agree that you will 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 shall not upload, post, transmit, distribute or otherwise publish through the Site, or any service or feature made available on or through the Site, any materials which (i) restrict or inhibit any other user from using and enjoying the Site or the Site's services, (ii) are fraudulent, unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law, (iv) contain a virus, spyware, malicious code, or other harmful components, (v) contain embedded links, advertising, chain letters or pyramid schemes of any kind, (vi) constitute or contain false or misleading indications of origin, endorsement or statements of fact, or (vii) impersonate any business or person.
In by you. IT IS SOLELY YOUR RESPONSIBILITY TO VERIFY INFORMATION BEFORE ACTING ON, USING OR RELYING UPON IT.
We operate the Site from the U.S. and it is possible some downloads from the Site could be subject to government export controls or other restrictions. If you download anything from or using our Site, you represent you are not subject to such controls or restrictions. We make no representation that anything is appropriate, permissible or available for use outside the United States and using our Site from territories in which such use or the Content available from such use is illegal, restricted or not permitted, is expressly prohibited.
YOU ASSUME ALL RESPONSIBILITY AND RISK WITH RESPECT TO YOUR USE OF THE SITE. THE SITE IS AVAILABLE "AS IS," AND "AS AVAILABLE." YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO THE SITE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ERRORS WILL BE DETECTED OR CORRECTED ERIC BEASLEY DOES NOT WARRANT THAT THE SITE, CONTENT, AND CODE INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH, THE SITE, OUR SERVERS, OR ELECTRONIC COMMUNICATIONS SENT FROM ERIC BEASLEY ARE FREE OF VIRUSES, MALICIOUS CODE OR OTHER HARMFUL COMPONENTS, AND ERIC BEASLEY ASSUMES NO LIABILITY FOR ANY DELAYS, INACCURACIES, ERRORS OR OMISSIONS, OR THE ACCURACY, COMPLETENESS, RELIABILITY OR USEFULNESS OF THE INFORMATION DISCLOSED OR ACCESSED THROUGH THE SITE. WE HAVE NO DUTY TO UPDATE OR MODIFY THE SITE, AND WE ARE NOT LIABLE FOR OUR FAILURE TO DO SO.
IN NO EVENT, UNDER NO LEGAL OR EQUITABLE THEORY (WHETHER TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE), SHALL WE OR ANY OF OUR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS OR THIRD PARTIES, BE LIABLE HEREUNDER OR OTHERWISE FOR ANY LOSS OR DAMAGE OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM THE SITE, THE USE OF THE SITE OR OUR AGREEMENT WITH YOU CONCERNING THE SITE, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, LOST ANTICIPATED PROFITS, LOSS OF GOODWILL, LOSS OF DATA, BUSINESS INTERRUPTION, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF WE ARE HELD LIABLE IN A COURT OF COMPETENT JURISDICTION FOR ANY REASON, IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE LESSER OF (A) ONE HUNDRED FIFTY DOLLARS (US$150.00) OR (B) THE TOTAL AMOUNT OF PURCHASES (INCLUDING TAXES AND SHIPPING AND HANDLING) FROM THE SITE IN THE PAST SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE OCCURRENCE ON WHICH THE CLAIM IS BASED.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF ANY LIMITATION ON REMEDIES, DAMAGES OR LIABILITY IS PROHIBITED OR RESTRICTED BY LAW, WE SHALL REMAIN ENTITLED TO THE MAXIMUM DISCLAIMERS AND LIMITATIONS AVAILABLE UNDER THIS AGREEMENT, AT LAW AND/OR IN EQUITY.
You agree to indemnify and hold us, including our officers, directors, employees, agents, representatives, and affiliates, and each of our respective successors and assigns, and their respective officers, directors, employees, agents, representatives, licensors, advertisers, suppliers, and operational service providers harmless from and against any and all losses, expenses, damages, costs, and expenses (including attorneys’ fees), resulting from your use of the Site (including any User Content that you have posted to the Site), and/or any violation of this Agreement. We reserve the right to assume the exclusive defense and control of any demand, claim or action arising hereunder or in connection with the Site and all negotiations for settlement or compromise. You agree to fully cooperate with us in the defense of any such demand, claim, action, settlement, or compromise negotiations, as requested by us.
REVISIONS AND UPDATES