This Terms of Use agreement (this “agreement”) is a legal agreement between you and Ten Twenty Four, Inc. d.b.a. Beyond Pricing (“Beyond Pricing”) providing among other things, the terms and conditions for your use of the Web Site accessible at beyondpricing.com. These terms of service (the “Terms”) govern your access to and use of Beyond Pricing (“we” or “our”) websites and services (the “Services”), so please carefully read them before using the Services.
By using the Services you agree to be bound by these Terms. If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these terms. In that case, “you” and “your” will refer to that organization.
By using our Services, you will provide us with private account information, and give us permission to update your pricing data on your behalf. We do not have permission to change any other details related to your account.
To be clear, aside from the rare exceptions we identify in our Privacy Policy, no matter how the Services change, we won’t share any personally identifiable information with others, including law enforcement, for any purpose unless you direct us to. How we collect and use your information generally is also explained in our Privacy Policy.
We are not responsible for the success of your listing. However, it is in our best interest for you to succeed. The prices we post daily to your listing reflect our best assessment of current market conditions, but you are always welcome to override our price recommendations. You are always able to change any of our pricing recommendations, and you are welcome to leave our service at any time.
You, and not Beyond Pricing, are responsible for maintaining records that might be relevant for operating your business.
You are responsible for safeguarding the password that you use to access the Services. You should immediately notify Beyond Pricing of any unauthorized use of your account. You acknowledge that if you wish to protect your transmission of data to Beyond Pricing, it is your responsibility to use a secure encrypted connection to communicate with the Services.
You will not, and will not attempt to, misuse the Services. Abuse of the service will result in your account being suspended.
You alone are responsible for properly canceling your Account. An email or phone request to cancel your Account shall result in cancelation. Any cancelation of your Account will result in the deactivation, deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content and Credits in your Account. Information, Content and Credits cannot be recovered from Beyond Pricing once your account is canceled. Please be aware that you can cancel at any time, but you will remain liable for all charges accrued up to that time, including full monthly charges for the month which you discontinued service. You will not be charged for any services provided after cancelation
You are free to stop using our Services any time. We reserve the right to suspend or end the Services at any time, with or without cause, and with or without notice. For example, we may suspend or terminate your use if you are not complying with these Terms, or use the Services in any way that would cause us legal liability or disrupt others’ use of the Services. If we suspend or terminate your use, we will try to let you know in advance, though there may be some cases (for example, repeatedly or flagrantly violating these Terms, a court order) where we may suspend immediately.
Though we aim to provide a great service, there are certain things about the service we can’t promise. For example, THE SERVICES AND SOFTWARE ARE PROVIDED “AS IS”, AT YOUR OWN RISK, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL BEYOND PRICING, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT BEYOND PRICING HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES MORE THAN THE GREATER OF $20 OR THE AMOUNTS PAID BY YOU TO BEYOND PRICING FOR THE PAST THREE MONTHS OF THE SERVICES IN QUESTION. Some states do not allow the types of limitations in this paragraph, so they may not apply to you.
You agree to indemnify, defend, and hold Beyond Pricing and its officers, directors, employees, affiliates, agents, licensors, and suppliers, harmless from and against all losses, expenses, damages and costs, including reasonable legal and accounting fees, arising out of or in any way connected with (a) any violation by you of the terms and conditions of this Agreement; (b) your use or misuse of this Web Site; or (c) any infringement by you of the copyright or intellectual property rights of any third party.
We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you (for example via email to the email address associated with your account). Other changes may be posted to our blog or terms page, so please check those pages regularly. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Services.
THESE TERMS AND THE USE OF THE SERVICES AND SOFTWARE WILL BE GOVERNED BY CALIFORNIA LAW EXCEPT FOR ITS CONFLICTS OF LAWS PRINCIPLES. ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES OR SOFTWARE MUST BE LITIGATED EXCLUSIVELY IN THE FEDERAL OR STATE COURTS OF SAN FRANCISCO COUNTY, CALIFORNIA, AND BOTH PARTIES CONSENT TO VENUE AND PERSONAL JURISDICTION THERE. These Terms constitute the entire and exclusive agreement between you and Beyond Pricing with respect to the Services, and supersede and replace any other agreements, terms and conditions applicable to the Services. These Terms create no third party beneficiary rights. Beyond Pricing's failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable the remaining provisions of the Agreement will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible.
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