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Terms of Use – BEEM UNITED
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Terms of Use

BEEM UNITED

(“BEEM UNITED”)
Terms of Use
Last Modified: 11/17/16

Welcome to BEEM UNITED’s website (this “Site”). By visiting this Site, you agree to the following terms and conditions:

Acceptance of Terms of Use

BEEM UNITED respects the privacy of its users. All information BEEM UNITED collects on this Site is subject to our Privacy Policy (http://www.BEEM UNITED.com/privacy-policy). Please refer to BEEM UNITED’s Privacy Policy which explains how BEEM UNITED collects, uses, and discloses information that pertains to your privacy. By using this Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

All purchases through this Site or other transactions for the sale of goods formed through this Site or as a result of visits made by you are governed by our Terms of Sale, which are hereby incorporated into these Terms of Use.

Additional terms and conditions may also apply to specific portions, services or features of this Site. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.

The following terms and conditions, together with the Privacy Policy, Terms of Sale (if applicable) (collectively these “Terms of Use”) and applicable laws govern your access to and use of this “Site”, including any content, functionality and services offered on or through this Site, whether as a guest or a registered user. Please read these Terms of Use carefully before you start to use this Site. By using this Site, you accept and agree to be bound and abide by these Terms of Use. If you do not want to agree to these Terms of Use, you must not access or use this Site.

This Site is offered and available to users who are thirteen (13) years of age or older and reside in the United States or any of its territories or possessions. By using this Site, you represent and warrant that you are of at least thirteen (13) years of age. If you are at least 13, but under the age of eighteen (18), you may only use this Site with your parent’s or guardian’s consent and your parent or guardian must provide consent after having read these Terms of Use. If you are a parent or legal guardian who has consented to the use of this Site by a person between the ages of 13 and 18, you are fully responsible for that person’s use of this Site, including all financial charges and legal liability that that person may incur. If you do not meet all of these requirements, you must not access or use this Site.

Changes to the Terms of Use

BEEM UNITED may revise and update these Terms of Use from time to time in our sole discretion. BEEM UNITED will notify you on this Site before BEEM UNITED makes changes to these Terms of Use and give you the opportunity to review before continuing to use BEEM UNITED services. All changes are effective immediately when BEEM UNITED posts them, and apply to all access to and use of this Site thereafter. You agree that BEEM UNITED will not be liable to you for any change or discontinuance, in whole or in part, of the Terms of Use or this Site.

Your continued use of this Site following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access this Site so that you are aware of any changes, as they are binding on you. You further agree to review these Terms of Use periodically and to make yourself aware of these changes.

Accessing this Site and Account Security

BEEM UNITED reserves the right to withdraw or amend this Site, and any service or material BEEM UNITED provides on this Site, in our sole discretion without notice. BEEM UNITED will not be liable if all or any part of this Site is unavailable at any time, or for any time period. From time to time, BEEM UNITED may restrict access to some parts of this Site, or the entire Site, to users, including registered users.

You are responsible for:

  • Making all arrangements necessary for you to have access to this Site.
  • Ensuring that all persons who access this Site through your internet connection are aware of these Terms of Use and comply with them.

To access this Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of this Site that all the information you provide on this Site is correct, current and complete. You agree that all information you provide to register with this Site or otherwise, including but not limited to through the use of any interactive features on this Site, is governed by these Terms of Use, and you consent to all actions BEEM UNITED takes with respect to your information consistent with these Terms of Use.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your user name, password or other security information. You agree to notify BEEM UNITED immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

BEEM UNITED has the right to disable any user name, password or other identifier, whether chosen by you or provided by BEEM UNITED, at any time in our sole discretion for any or no reason, including if, in BEEM UNITED’s sole discretion, you have violated any provision of these Terms of Use.

Intellectual Property Rights

This Site and its entire contents, features and functionality (including but not limited to all information, code, content, drawings, graphics, metadata, meta tags, marking information, page format and style, pictures, phrases, product descriptions, software, text, displays, images, video and audio, and the design, selection and arrangement thereof, the compilation of all of the foregoing and all intellectual property rights and goodwill associated therewith) (collectively referred to as “Site Content”) are owned by BEEM UNITED, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. BEEM UNITED reserves all rights in and to the Site Content. Except as expressly granted to you under these Terms of Use, BEEM UNITED does not grant you any right, title or interest in or to any part of the Site Content.

You will not copy, reproduce, publish, distribute, transmit, disseminate, display, exhibit, edit, modify, and create derivative works from, or exploit in any way, any part of the Site Content. You will not frame or utilize framing techniques to enclose any BEEM UNITED trademark, logo, or other proprietary information. You will not use any meta tags or any other “hidden text” utilizing BEEM UNITED’s name or trademarks. You will not delete, remove or otherwise alter any copyright, trademark or other proprietary notice appearing in or on the Site Content. You will not take any action to jeopardize, limit or interfere in any manner with BEEM UNITED’s rights in and to the Site Content. You agree not to portray BEEM UNITED, its products or this Site in a false, misleading, derogatory or otherwise offensive manner. BEEM UNITED reserves the sole and exclusive right at its discretion to assert claims against third parties for infringement or misappropriation of its intellectual property rights in the Site Content. This Site may contain Site Content owned or licensed by third parties. All restrictions set forth in these Terms of Use equally apply to all Site Content owned or licensed by third parties.

BEEM UNITED’s name, the terms, logo, trademarks, and all related names, logos, product and service names, designs and slogans are trademarks of BEEM UNITED or its affiliates or licensors. You must not use such marks without the prior written permission of BEEM UNITED. All other names, logos, product and service names, designs and slogans on this Site are the trademarks of their respective owners.

Grant of License

Subject to the restrictions in these Terms of Use, BEEM UNITED permits you to use this Site for your personal, non-commercial use to review information about BEEM UNITED and BEEM UNITED products, and to provide content regarding BEEM UNITED product where allowed. You will not, or assist or direct any third person to: (i) extract, separate, remove or otherwise copy the Site Content; (ii) disassemble, decompile, reverse engineer or otherwise convert any part of the Site Content to source code or a human-perceivable form; (iii) adapt, modify or create a derivative work of the Site Content; (iv) distribute, encumber, lease, rent, sell, transmit, transfer, or otherwise dispose of the Site Content, in whole or in part; or (v) use the Site Content for any other purpose.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of this Site in breach of the Terms of Use, your right to use this Site will cease immediately and you must, at BEEM UNITED’s option, return or destroy any copies of the materials you have made. No right, title or interest in or to this Site or any content on this Site is transferred to you, and all rights not expressly granted are reserved by BEEM UNITED. Any use of this Site not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

Prohibited Uses

You may use this Site only for lawful purposes and in accordance with these Terms of Use. You agree not to use this Site:

  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms of Use.
  • To transmit, or procure the sending of, any advertising or promotional material without BEEM UNITED’s prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
  • To impersonate or attempt to impersonate BEEM UNITED, a BEEM UNITED employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of this Site, or which, as determined by us, may harm BEEM UNITED or users of this Site or expose them to liability.

Additionally, you agree not to:

  • Use this Site in any manner that could disable, overburden, damage, or impair this Site or interfere with any other party’s use of this Site, including their ability to engage in real time activities through this Site.
  • Use any robot, spider or other automatic device, process or means to access this Site for any purpose, including monitoring or copying any of the material on this Site.
  • Use any manual process to monitor or copy any of the material on this Site or for any other unauthorized purpose without our prior written consent.
  • Use any device, software or routine that interferes with the proper working of this Site.
  • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of this Site, the server on which this Site is stored, or any server, computer or database connected to this Site.
  • Attack this Site via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of this Site.

User Contributions

This Site may contain message boards, chat rooms, personal web pages or social media account profiles, forums, bulletin boards and other interactive features (collectively, ”Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, ”post”) content or materials you have created, including but not limited to photographs, your social media handle, videos, and comments (collectively, ”User Contributions”) on or through this Site. You may be asked to create an account and become a registered user. You agree to promptly update any and all User Contributions and user information. BEEM UNITED does not pre-screen content that you or other users post to this Site and this Site serves merely as a forum for users to discuss BEEM UNITED products. BEEM UNITED does not guarantee that the information is true, accurate or current or otherwise false, misleading, inaccurate, fraudulent, deceptive or illegal. All User Contributions must comply with these Terms of Use. By posting on this Site, you represent and warrant that you own or control all rights in and to the User Contributions and have the right to grant the license granted above to BEEM UNITED and BEEM UNITED affiliates and service providers, and each of their and BEEM UNITED respective licensees, successors and assigns and that the information provided is true, accurate, current and correct information.

You also agree to observe and follow the following posting rules:

  • Do not impersonate anyone else.
  • Do not post any content that includes information that is false, misleading, inaccurate, fraudulent, and deceptive or that promotes illegal activity.
  • Do not post your personal information or solicit any personal information from other users of this Site.
  • Do not post any content or information in violation of any laws.
  • Do not insult or flame any other users of this Site. Do not post content that is that is offensive, libelous, defamatory, indecent, harmful, harassing, intimidating, threatening, hateful, abusive, vulgar, obscene, pornographic or sexually explicit.
  • Post only constructive information. Do not speculate or post rumors about BEEM UNITED, BEEM UNITED products or any other person or entity.
  • Do not post information that you do not own or control all rights thereto. You are responsible for all content that you post.

Any User Contributions you post to this Site will be considered non-confidential and non-proprietary. By providing any User Contributions on this Site, you grant BEEM UNITED and its affiliates and service providers, and each of their and BEEM UNITED respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such content or information. By posting any User Contributions to this Site, you grant BEEM UNITED, its third-party service providers who provide content management services, and its retail partners and any person acting on BEEM UNITED’s or their behalf (collectively, the “Licensed Parties”) a perpetual, non-exclusive, non-revocable, worldwide right to use your User Contributions in any manner or media, including the right to adapt, modify, create derivative works, sublicense, assign and commercialize the User Contributions in any manner to be determined in the Licensed Parties’ sole discretion, including but not limited to on their webpages, social media pages operated by BEEM UNITED, and in other marketing, promotional and advertising initiatives, in any media now or hereafter known. BEEM UNITED may use, display, reproduce, distribute, transmit, create derivative works from, combine with other materials, alter and/or edit your User Contributions in any manner in its sole discretion, with no obligation to you whatsoever. Your use of this Site constitutes your consent to allow BEEM UNITED to use and store content created by you, including your personal information on BEEM UNITED’s host computers.

You hereby represent and warrant that (i) you own all rights in and to your User Contributions, (ii) you have permission from all person(s) appearing in your User Contributions to grant the rights granted herein; (iii) you are not a minor, and (iv) the Licensed Parties’ use of your User Contributions as described herein will not violate the rights of any third party or any law. You hereby release, discharge and agree to hold BEEM UNITED, the Licensed Parties, and any person acting on BEEM UNITED’s or their behalf harmless from any liability related in any way to the Licensed Parties’ use of your User Contributions.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not BEEM UNITED, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. BEEM UNITED does not warrant the accuracy, completeness or usefulness of this information. BEEM UNITED cannot/does not undertake to review all material before it is posted on this Site, and cannot ensure prompt removal of objectionable material after it has been posted. BEEM UNITED has no liability or responsibility to anyone for performance or nonperformance of the activities described in these Terms of Use.

User Contributions On Social Media Sites

By posting and uploading content to social media sites that you have tagged with BEEM UNITED brands and hashtags, you are allowing BEEM UNITED (“BEEM UNITED”) to search for your hashtagged postings (“Social Media Posting”). BEEM UNITED may contact you directly, either publicly or privately, through the social media platform on which the Social Media Posting was located and request your permission to use the Social Media Posting. You will be directed to these Terms and Conditions. If you grant us permission as outlined in the request we make, you are also warranting and representing that (i) you own all rights in and to your Social Media Posting, (ii) you have permission from all person(s) appearing in your Social Media Posting to grant the rights granted herein; (iii) you are the age of majority in the country you reside and (iv) BEEM UNITED, its third-party service providers who provide content management services, and its retail partners and any person acting on BEEM UNITED’s or their behalf (collectively, the “Licensed Parties”) use of your Social Media Posting as described herein will not violate the rights of any third party or any law. You hereby release, discharge and agree to hold BEEM UNITED and the Licensed Parties, harmless from any liability related in any way to the Licensed Parties’ use of your Social Media Posting.

By agreeing to allow BEEM UNITED to use your Social Media Posting, you grant the Licensed Parties a non-exclusive, worldwide right to use your Social Media Posting in the format and manner outlined in the request to which you agreed. If the request was not specific as to format and manner, then you grant the Licensed Parties to use in any manner or media, including the right to adapt, modify, create derivative works, sublicense, assign and commercialize the Social Media Posting in any manner to be determined in the Licensed Parties’ sole discretion, including but not limited to on their webpages, social media pages operated by BEEM UNITED, and in other marketing, promotional and advertising initiatives, in any media now or hereafter known. BEEM UNITED may use, display, reproduce, distribute, transmit, create derivative works from, combine with other materials, alter and/or edit your Social Media Posting in any manner in its sole discretion, with no obligation to you whatsoever. Some jurisdictions do not allow certain of the foregoing grants, so they may not apply to you, and you may have other rights that vary from jurisdiction to jurisdiction. You may request removal of your Social Media Posting at a later date. In such case, please provide the link or information reasonably sufficient to permit BEEM UNITED to locate the Social Media Posting that is the subject of the removal request. Please send all notices or requests for removal to: contact@beemunited.com.
OR
BEEM UNITED
30 Hughes, Suite 201
Irvine, California 92618

Monitoring and Enforcement; Termination

BEEM UNITED has the right to:

  • Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
  • Take any action with respect to any User Contribution that BEEM UNITED deems necessary or appropriate in our sole discretion, including if BEEM UNITED believes that such User Contribution violates the Terms of Use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of this Site or the public or could create liability for BEEM UNITED.
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of this Site.
  • Terminate or suspend your access to all or part of this Site for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, BEEM UNITED has the right to fully cooperate with any law enforcement authorities or court order requesting or directing BEEM UNITED to disclose the identity or other information of anyone posting any materials on or through this Site. YOU WAIVE AND HOLD HARMLESS BEEM UNITED AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY BEEM UNITED/ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER BEEM UNITED/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

Reliance on Information Posted

The information presented on or through this Site is made available solely for general information purposes.
BEEM UNITED disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to this Site, or by anyone who may be informed of any of its contents.

This Site may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by BEEM UNITED, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of BEEM UNITED. BEEM UNITED is not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to this Site

BEEM UNITED may update the content on this Site from time to time, but its content is not necessarily complete or up-to-date. Any of the material on this Site may be out of date at any given time, and BEEM UNITED is under no obligation to update such material.

Linking to this Site and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage BEEM UNITED’s reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without BEEM UNITED’s express written consent.

This Site may provide certain social media features that enable you to:

  • Link from your own or certain third-party Sites to certain content on this Site.
  • Send e-mails or other communications with certain content, or links to certain content, on this Site.
  • Cause limited portions of content on this Site to be displayed or appear to be displayed on your own or certain third-party Sites.

You may use these features solely as they are provided by BEEM UNITED and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions BEEM UNITED provides with respect to such features. Subject to the foregoing, you must not:

  • Establish a link from any Site that is not owned by you.
  • Cause this Site or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
  • Link to any part of this Site other than the homepage.
  • Otherwise take any action with respect to the materials on this Site that is inconsistent with any other provision of these Terms of Use.

This Site from which you are linking, or on which you make certain content accessible, must comply in all respects with these Terms of Use.

You agree to cooperate with BEEM UNITED in causing any unauthorized framing or linking immediately to cease. BEEM UNITED reserves the right to withdraw linking permission without notice.

BEEM UNITED may disable all or any social media features and any links at any time without notice in BEEM UNITED’s discretion.

Links from this Site

If this Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. BEEM UNITED has no control over the contents of those sites or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party sites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such Sites.

Geographic Restrictions

The owner of this Site is based in California, United States. BEEM UNITED provide this Site for use only by persons located in the United States. BEEM UNITED makes no claims that this Site or any of its content is accessible or appropriate outside of the United States. Access to this Site may not be legal by certain persons or in certain countries. If you access this Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

BEEM UNITED’s Usage and Storage of Information

BEEM UNITED may establish standard practices and limits regarding the use of this Site, including the type of user-posted content permitted on this Site, maximum number of days user-created content is displayed, accessible or retained by BEEM UNITED or the maximum number of e-mails an account my send or receive e-mails and the maximum disk-space allotted to each end user. BEEM UNITED will have no liability for the preservation or deletion of any content or personal information maintained by this Site or otherwise provided by you to BEEM UNITED through use of this Site. BEEM UNITED reserves the right to modify its usage and storage of content and information from time to time.

Disclaimer of Warranties

You understand that BEEM UNITED cannot and do not guarantee or warrant that files available for downloading from the internet or this Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. BEEM UNITED WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THIS SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THIS SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.

YOUR USE OF THIS SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THIS SITE IS AT YOUR OWN RISK. THIS SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. EXCEPT AS PROHIBITED BY LAW, BEEM UNITED DISCLAIMS ALL WARRANTIES OF EVERY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEITHER BEEM UNITED NOR ANY PERSON ASSOCIATED WITH BEEM UNITED MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THIS SITE. WITHOUT LIMITING THE FOREGOING, NEITHER BEEM UNITED NOR ANYONE ASSOCIATED WITH BEEM UNITED REPRESENTS OR WARRANTS THAT THIS SITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THIS SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THIS SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THIS SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

IN NO EVENT WILL BEEM UNITED, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THIS SITE, ANY SITES LINKED TO IT, ANY CONTENT ON THIS SITE OR SUCH OTHER SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THIS SITE OR SUCH OTHER SITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. HOWEVER, IF BEEM UNITED IS FOUND LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THIS SITE OR ANY CONTENT, BEEM UNITED’s LIABILITY WILL NOT EXCEED $100.00 USD.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless BEEM UNITED, its parent company, shareholders, affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of this Site, including, but not limited to, your User Contributions, any use of this Site’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from this Site. This obligation will survive the termination or modification of these Terms of Use.

Governing Law and Jurisdiction

All matters relating to this Site and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or this Site shall be instituted exclusively in the federal or state courts located in California, USA, although BEEM UNITED retains the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THIS SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver of by BEEM UNITED of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of BEEM UNITED to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

These Terms of Use, Privacy Policy, and Terms of Sale constitute the sole and entire agreement between you and BEEM UNITED with respect to this Site and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to this Site.

Notice of Infringement Claims

If you believe that your work has been improperly copied and posted to this Site, please provide BEEM UNITED with your name, address, telephone number, e-mail address, a physical or electronic rendering of your signature, a description of your copyrighted work, a description of the location of your copyrighted work on this Site and a statement by you made under penalty of perjury that the above information is accurate and that you are the copyright owner or otherwise authorized to act on behalf of the copyright owner.

Your Comments and Concerns

This Site is operated by BEEM UNITED. In the event any objectionable content or information appears on this Site, notify BEEM UNITED in writing of the objectionable content. BEEM UNITED will make a good-faith effort to investigate all allegations of objectionable content that violates the Terms of Use but BEEM UNITED does not represent or warrant that BEEM UNITED will take any action relating thereto.

Notices for Complaints

Send all legal notices under these Terms of Use to:

BEEM UNITED
30 Hughes, Suite 201
Irvine, California 92618

Thank you for visiting this Site.

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