TERMS OF USE:
Bev Knox Consulting Firm, Inc. and Bev Knox
Institute, Inc. services consist of the following, without
limitation: a service for single people (“Upscale Singles
Events”), event planning, personal image consulting, a separate
service interactive content and community services through
educational and self enrichment workshops, any premium services
offered by or on behalf of Bev Knox Consulting Firm, Inc. and Bev
Knox Institute, Inc. Bev
Knox Consulting Firm, Inc. and Bev Knox Institute, Inc. may offer
additional services or revise any of the Services, at its
discretion, and this Agreement will apply to all additional
services or revised Services. Bev Knox Consulting Firm, Inc. and
Bev Knox Institute, Inc. also reserves the right to cease offering
any of the Services.
This Agreement is subject to change by
Bev Knox Consulting Firm, Inc. and Bev Knox Institute, Inc. in its
sole discretion at any time, with or without notice. Your
continued use of this Site or the Services after the posting of
revisions to this Agreement will constitute your acceptance of
such revisions. Please consult the end of this Agreement to
determine when the Agreement was last revised.
As a user of the Site or a user
registered to use any of the Services (a “Registered User”),
you agree to the following:
- Exclusive Use. Your
account is for your personal use only. You may not authorize
others to use your account, and you may not assign or
otherwise transfer your account to any other person or entity.
You acknowledge that Bev Knox Consulting Firm, Inc. and Bev
Knox Institute, Inc. is not responsible for third party access
to your account that results from theft or misappropriation.
- Geographic Limitations.
The Site and Services are intended for use in the United
States. You will only use the Services in a manner consistent
with this Agreement and any and all applicable local, state,
national and international laws and regulations, including,
but not limited to, United States export control laws. You are
not located in, under the control of, or a national or
resident of any country which the United States has (i)
embargoed goods, (ii) identified as a “Specially Designated
National”, or (iii) placed on the Commerce Department’s
Table of Deny Orders. Registration for, and use of, the
Services are void where prohibited. To the extent that the
Services are not legal in your jurisdiction, you may not use
the Services. The Services may not be used where prohibited by
law.
- Information Submitted.
You are solely responsible for, and assume all liability
regarding, (i) the information and content you contribute to
the Service; (ii) the information and content you post,
transmit, publish, or otherwise make available (hereinafter
“post”) through the Services; and (iii) your interactions
with other Registered Users through the Services.
- Risk Assumption and
Precautions. You assume all risk when using the Services,
including but not limited to all of the risks associated with
any online or offline interactions with others, including
dating. You agree to take all necessary precautions when
meeting individuals through the Upscale Singles Events. You
understand that Bev Knox Consulting Firm, Inc. and Bev Knox
Institute, Inc. makes
no guarantees, either express or implied, regarding your
ultimate compatibility with individuals you meet through our
events or as to the conduct of such individuals. You further
understand that Bev Knox Consulting Firm, Inc. and Bev Knox
Institute, Inc. makes
no guarantees as to number or frequency of persons at events.
- No False Information.
You will not provide inaccurate, misleading or false
information to Bev Knox Consulting Firm, Inc. and Bev Knox
Institute, Inc. or to any other participant of program or
services.
- No Advertising or
Commercial Solicitation. You will not advertise or solicit
any user to buy or sell any products or services through the
Site or Services. You may not transmit any chain letters, junk
or spam e-mail to Bev Knox Consulting Firm, Inc. and Bev Knox
Institute, Inc. and other participants. Further, you will not
use any information obtained from the Services in order to
contact, advertise to, solicit, or sell to any user without
their prior explicit consent. If you breach the terms of this
subsection and send or post unsolicited bulk email, “spam”
or other unsolicited communications of any kind through the
Services, you acknowledge that you will have caused
substantial harm to Bev Knox Consulting Firm, Inc. and Bev
Knox Institute, Inc., but that the amount of such harm would
be extremely difficult to ascertain. As a reasonable
estimation of such harm, you agree to pay Bev Knox Consulting
Firm, Inc. and Bev Knox Institute, Inc.
$100 for each such unsolicited communication you send
through our events and services.
- No Harassment of Bev
Knox Consulting Firm, Inc. and Bev Knox Institute, Inc. Employees
or Agents. You will not harass, annoy, intimidate or
threaten any Bev Knox Consulting Firm, Inc. and Bev Knox
Institute, Inc. employees or agents engaged in providing any
portion of the Services to you.
3. Proprietary Rights.
- Ownership of Proprietary
Information. You hereby acknowledge and agree that Bev
Knox Consulting Firm, Inc. and Bev Knox Institute, Inc. is the
owner of highly valuable proprietary information, including
without limitation, owns and hereby retains all proprietary
rights in the Services and the Site, including but not limited
to, all Confidential Information.
- No Use of Confidential
Information. You will not post, copy, modify, transmit,
disclose, show in public, create any derivative works from,
distribute, make commercial use of, or reproduce in any way
any (i) Confidential Information or (ii) other copyrighted
material, trademarks, or other proprietary information
accessible via the Services, without first obtaining the prior
written consent of the.
4. User Information.
- Privacy Statement. By
using the Site or the Services, you are consenting to the
terms of Bev Knox Consulting Firm, Inc. and Bev Knox
Institute, Inc. Privacy Statement.
- No Contact Information.
You agree that you will not post any e-mail addresses,
personal website address or profile page you may have on a
third party website, or other contact information of the
Upscale Singles Service or in any other communications you may
have with other users. You may, at your discretion, exchange
such information after you reach that phase with in any event.
- Disclosure By Law. You
acknowledge and agree that Bev Knox Consulting Firm, Inc. and
Bev Knox Institute, Inc. may disclose information you provide
if required to do so by law, at the request of a third party,
or if we, in our sole discretion, believe that disclosure is
reasonable to (1) comply with the law, requests or orders from
law enforcement, or any legal process (whether or not such
disclosure is required by applicable law); (2) protect or
defend Bev Knox Consulting Firm, Inc. and Bev Knox Institute,
Inc. or a third party’s, rights or property; or (3) protect
someone’s health or safety, such as when harm or violence
against any person threatened.
- Disclosure to Protect Abuse
Victims. Notwithstanding any other provision of this
Agreement or the Bev Knox Consulting Firm, Inc. and Bev Knox
Institute, Inc. reserves the right, but has no obligation, to
disclose any information that you submit to the Services, if
in its sole opinion, Bev Knox Consulting Firm, Inc. and Bev
Knox Institute, Inc. suspects or has reason to suspect, that
the information involves a party who may be the victim of
abuse in any form. Abuse may include, without limitation,
elder abuse, child abuse, spousal abuse, neglect, or domestic
violence. Information may be disclosed to authorities that Bev
Knox Consulting Firm, Inc. and Bev Knox Institute, Inc., in
its sole discretion, deems appropriate to handle such
disclosure. Appropriate authorities may include, without
limitation, law enforcement agencies, child protection
agencies, or court officials. You hereby acknowledge and agree
that Bev Knox Consulting Firm, Inc. and Bev Knox Institute,
Inc. is permitted to make such disclosure.
6. Disclaimer of Warranty.
- No Warranties. THIS
SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW. Bev Knox Consulting Firm, Inc. and Bev Knox
Institute, Inc. PROVIDES THE SERVICES ON AN “AS IS” AND
“AS AVAILABLE” BASIS AND GRANTS NO WARRANTIES OF ANY KIND,
WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT
TO THE SERVICES OR THE SITE (INCLUDING ALL INFORMATION
CONTAINED THEREIN), INCLUDING ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR
NON-INFRINGEMENT. Bev Knox Consulting Firm, Inc. and Bev Knox
Institute, Inc. DOES NOT WARRANT THAT YOUR USE OF THE SERVICES
WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR
WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE
SERVICES WILL BE CORRECTED. Bev Knox Consulting Firm, Inc. and
Bev Knox Institute, Inc. DISCLAIMS LIABILITY FOR, AND NO
WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND
AVAILABILITY OF THE SERVICES.
- Third Party Content.
Opinions, advice, statements, offers, or other information or
content made available through the Services, but not directly
by Bev Knox Consulting Firm, Inc. and Bev Knox Institute,
Inc., are those of their respective authors, and should not
necessarily be relied upon. Such authors are solely
responsible for such content. Bev Knox Consulting Firm, Inc.
and Bev Knox Institute, Inc. DOES NOT: (i) GUARANTEE THE
ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION
PROVIDED ON THE SERVICES, OR (ii) ADOPT, ENDORSE OR ACCEPT
RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION,
ADVICE, OR STATEMENT MADE BY ANY PARTY. UNDER NO CIRCUMSTANCES
WILL Bev Knox Consulting Firm, Inc. and Bev Knox Institute,
Inc. BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM
ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON
THE SERVICES, OR TRANSMITTED TO
7. Limitation of Liability.
- Incidental Damages and
Aggregate Liability. IN NO EVENT WILL Bev Knox Consulting
Firm, Inc. and Bev Knox Institute, Inc. BE LIABLE FOR ANY
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING
OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE
SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR
CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND
PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF Bev Knox
Consulting Firm, Inc. and Bev Knox Institute, Inc. KNOWS OR
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO
CIRCUMSTANCES WILL Bev Knox Consulting Firm, Inc. and Bev Knox
Institute, Inc. AGGREGATE
LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH
THIS AGREEMENT OR THE USE OF THE SERVICES OR THE SITE, EXCEED
THE PRICE PAID BY YOU FOR YOUR ACCOUNT, OR, IF YOU HAVE NOT
PAID Bev Knox Consulting Firm, Inc. and Bev Knox Institute,
Inc. FOR THE USE OF ANY SERVICES, THE AMOUNT OF US$25.00 OR
ITS EQUIVALENT.
- No Liability for non-Bev
Knox Consulting Firm, Inc. and Bev Knox Institute, Inc.
Actions. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, IN NO EVENT WILL Bev Knox Consulting Firm,
Inc. and Bev Knox Institute, Inc. BE LIABLE FOR ANY DAMAGES
WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL,
COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF
OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION
WITH THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION,
BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES
RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER
PARTICIPANTS OF THE SERVICES. THIS INCLUDES ANY CLAIMS, LOSSES
OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE
REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR
8. Indemnification.
You agree to indemnify, defend and hold
harmless Bev Knox Consulting Firm, Inc. and Bev Knox Institute,
Inc., its officers, directors, employees, agents and third
parties, for any losses, costs, liabilities and expenses
(including reasonable attorneys’ fees) relating to or arising
out of (a) your use of or inability to use the Site or Services,
(b) any user postings made by you, (c) your violation of any terms
of this Agreement or your violation of any rights of a third
party, or (d) your violation of any applicable laws, rules or
regulations. Bev Knox Consulting Firm, Inc. and Bev Knox
Institute, Inc. reserves the right, at its own cost, to assume the
exclusive defense and control of any matter otherwise subject to
indemnification by you, in which event you will fully cooperate
with Bev Knox Consulting Firm, Inc. and Bev Knox Institute, Inc.
in asserting any available defenses.
11. Term and Termination.
This Agreement will become effective
upon your acceptance of the Agreement by your use of the Site or
the Services and will remain in effect in perpetuity unless
terminated hereunder. Either you or Bev Knox Consulting Firm, Inc.
and Bev Knox Institute, Inc.
may terminate your association at any time, for any reason
or no reason, without explanation, effective upon sending written
notice to the other party. Bev Knox Consulting Firm, Inc. and Bev
Knox Institute, Inc. reserves the right to immediately suspend or
terminate your access to any of the Services, without notice, for
any reason or no reason.
12. Cancellations.
- Cancellation At Any Time
With No Refund. Except as otherwise stated in this
section, you may cancel your registration or subscription to
any Services at any time during the term of such registration.
You will not receive any refund for any unused
events/workshops of such registration/subscription term.
Please note that if you paid for your
event/workshop/subscription or renewal using a multi-part
payment option, you may only cancel your subscription or
renewal after the final payment has been paid.
Any
problems, issues or concerns may be sent to: Bev Knox Consulting
Firm, Inc. and Bev Knox Institute, Inc., PO Box 1137, Old Saybrook,
CT 06475.
c 1999-2012 Bev
Knox / All Rights Reserved |