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Terms
and Conditions of Use
We have taken every effort to design our Web site
to be useful, informative, helpful, honest and
fun. Hopefully we’ve accomplished that —
and would ask that you let us know if you’d
like to see improvements or changes that would
make it even easier for you to find the information
you need and want.
All we ask is that you agree to abide by the following
Terms and Conditions. Take a few minutes to look
them over because by using our site you automatically
agree to them. Naturally, if you don’t agree,
please do not use the site. We reserve the right
to make any modifications that we deem necessary
at any time. Please continue to check these terms
to see what those changes may be! Your continued
use of the BE Financial Services Web site means that
you accept those changes.
THANKS AGAIN FOR VISITING!
Restrictions on Use of Our Online Materials
All Online Materials on the BE Financial Services
site, including, without limitation, text, software,
names, logos, trademarks, service marks, trade
names, images, photos, illustrations, audio clips,
video clips, and music are copyrighted intellectual
property. All usage rights are owned and controlled
by BE Financial Services. You, the visitor, may download
Online Materials for non-commercial, personal
use only provided you 1) retain all copyright,
trademark and propriety notices, 2) you make no
modifications to the materials, 3) you do not
use the materials in a manner that suggests an
association with any of our products, services,
events or brands, and 4) you do not download quantities
of materials to a database, server, or personal
computer for reuse for commercial purposes. You
may not, however, copy, reproduce, republish,
upload, post, transmit or distribute Online Materials
in any way or for any other purpose unless you
get our written permission first. Neither may
you add, delete, distort or misrepresent any content
on the BE Financial Services site. Any attempts to
modify any Online Material, or to defeat or circumvent
our security features are prohibited.
Everything you download, any software, plus all
files, all images incorporated in or generated
by the software, and all data accompanying it,
is considered licensed to you by BE Financial Services
or third-party licensers for your personal, non-commercial
home use only. We do not transfer title of the
software to you. That means that we retain full
and complete title to the software and to all
of the associated intellectual-property rights.
You’re not allowed to redistribute or sell
the material or to reverse-engineer, disassemble
or otherwise convert it to any other form that
people can use.
Submitting Your Online Material to Us
All remarks, suggestions, ideas, graphics,
comments, or other information that you send to
BE Financial Services through our site (other than
information we promise to protect under our privacy
policy becomes and remains our property, even
if this agreement is later terminated.
That means that we don’t have to treat any
such submission as confidential. You can’t
sue us for using ideas you submit. If we use them,
or anything like them, we don’t have to
pay you or anyone else for them. We will have
the exclusive ownership of all present and future
rights to submissions of any kind. We can use
them for any purpose we deem appropriate to our
BE Financial Services mission, without compensating
you or anyone else for them.
You acknowledge that you are responsible for any
submission you make. This means that you (and
not we) have full responsibility for the message,
including its legality, reliability, appropriateness,
originality, and copyright.
Limitation of Liability
BE Financial Services WILL NOT BE LIABLE FOR ANY DAMAGES
OR ICAURY THAT ACCOMPANY OR RESULT FROM YOUR USE
OF ANY OF ITS SITE.
THESE INCLUDE (BUT ARE NOT LIMITED TO) DAMAGES
OR ICAURY CAUSED BY ANY:
USE OF (OR INABILITY TO USE) THE SITE
USE OF (OR INABILITY TO USE) ANY SITE TO WHICH
YOU HYPERLINK FROM OUR SITE
FAILURE OF OUR SITE TO PERFORM IN THE MANNER YOU
EXPECTED OR DESIRED
ERROR ON OUR SITE
OMISSION ON OUR SITE
INTERRUPTION OF AVAILABILITY OF OUR SITE
DEFECT ON OUR SITE
DELAY IN OPERATION OR TRANSMISSION OF OUR SITE
COMPUTER VIRUS OR LINE FAILURE
PLEASE NOTE THAT WE ARE NOT LIABLE FOR ANY DAMAGES,
INCLUDING:
DAMAGES INTENDED TO COMPENSATE SOMEONE DIRECTLY
FOR A LOSS OR ICAURY
DAMAGES REASONABLY EXPECTED TO RESULT FROM A LOSS
OR ICAURY (KNOWN IN LEGAL TERMS AS "CONSEQUENTIAL
DAMAGES.")
OTHER MISCELLANEOUS DAMAGES AND EXPENSES RESULTING
DIRECTLY FROM A LOSS OR ICAURY (KNOWN IN LEGAL
TERMS AS "INCIDENTAL DAMAGES.")
WE ARE NOT LIABLE EVEN IF WE’VE BEEN NEGLIGENT
OR IF OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES OR BOTH.
EXCEPTION: CERTAIN STATE LAWS MAY NOT ALLOW US
TO LIMIT OR EXCLUDE LIABILITY FOR THESE "INCIDENTAL"
OR "CONSEQUENTIAL" DAMAGES. IF YOU LIVE
IN ONE OF THOSE STATES, THE ABOVE LIMITATION OBVIOUSLY
WOULD NOT APPLY WHICH WOULD MEAN THAT YOU MIGHT
HAVE THE RIGHT TO RECOVER THESE TYPES OF DAMAGES.
HOWEVER, IN ANY EVENT, OUR LIABILITY TO YOU FOR
ALL LOSSES, DAMAGES, ICAURIES, AND CLAIMS OF ANY
AND EVERY KIND (WHETHER THE DAMAGES ARE CLAIMED
UNDER THE TERMS OF A CONTRACT, OR CLAIMED TO BE
CAUSED BY NEGLIGENCE OR OTHER WRONGFUL CONDUCT,
OR THEY’RE CLAIMED UNDER ANY OTHER LEGAL
THEORY) WILL NOT BE GREATER THAN THE AMOUNT YOU
PAID IF ANYTHING TO ACCESS OUR SITE.
Links to Other Site
We sometimes provide referrals to and
links to other World Wide Web sites from our site.
Such a link should not be seen as an endorsement,
approval or agreement with any information or
resources offered at sites you can access through
our site. If in doubt, always check the Uniform
Resource Locator (URL) address provided in your
WWW browser to see if you are still in a BE Financial Services-operated site or have moved to another
site. BE Financial Services is not responsible for
the content or practices of third party sites
that may be linked to our site. When BE Financial Services provides links or references to other
Web sites, no inference or assumption should be
made and no representation should be inferred
that BE Financial Services is connected with, operates
or controls these Web sites. Any approved link
must not represent in any way, either explicitly
or by implication, that you have received the
endorsement, sponsorship or support of any BE Financial Services site or endorsement, sponsorship or support
of BE Financial Services, including its respective
employees, agents or directors.
Termination of This Agreement
This agreement is effective until terminated
by either party. You may terminate this agreement
at any time, by destroying all materials obtained
from all BE Financial Services Web site, along with
all related documentation and all copies and installations.
BE Financial Services may terminate this agreement
at any time and without notice to you, if, in
its sole judgment, you breach any term or condition
of this agreement. Upon termination, you must
destroy all materials. In addition, by providing
material on our Web site, we do not in any way
promise that the materials will remain available
to you. And BE Financial Services is entitled to terminate
all or any part of any of its Web site without
notice to you.
Jurisdiction and Other Points to Consider
If you use our site from locations outside
of the United States, you are responsible for
compliance with any applicable local laws.
These Terms of Use shall be governed by, construed
and enforced in accordance with the laws of the
California, as it is applied to agreements entered
into and to be performed entirely within such
jurisdiction.
To the extent you have in any manner violated
or threatened to violate BE Financial Services and/or
its affiliates' intellectual property rights,
BE Financial Services and/or its affiliates may seek
injunctive or other appropriate relief in any
state or federal court in the State of California,
and you consent to exclusive jurisdiction and
venue in such courts.
Any other disputes will be resolved as
follows:
If a dispute arises under this agreement, we agree
to first try to resolve it with the help of a
mutually agreed-upon mediator in the following
location: Orange County, CA. Any costs and fees
other than attorney fees associated with the mediation
will be shared equally by each of us.
If it proves impossible to arrive at a mutually
satisfactory solution through mediation, we agree
to submit the dispute to binding arbitration at
the following location: Orange County, CA, under
the rules of the American Arbitration Association.
Judgment upon the award rendered by the arbitration
may be entered in any court with jurisdiction
to do so.
BE Financial Services may modify these Terms of Use,
and the agreement they create, at any time, simply
by updating this posting and without notice to
you. This is the ENTIRE agreement regarding all
the matters that have been discussed.
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