Last Updated: November 2014
Welcome to Beacon-Watch.com.
Beacon-Watch.com supports freedom of speech, both on and off the Internet and strives to provide access to a wide selection of information and merchandise through the Internet. To ensure a safe, non-offensive environment for all of our users, we have established our Terms and Conditions. It spells out what you can expect from us and what we expect from you. By accessing any areas of Beacon-Watch.com (including access through a mobile platform), users (“Users”) agree to be legally bound and to abide by the terms set forth below, and by all terms, policies and guidelines incorporated by reference. Beacon-Watch.com is owned and operated by BeaconWatch, LLC. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE OR THE PRODUCTS AND SERVICES OFFERED THROUGH THE WEBSITE. YOUR ORDER PLACED ON THIS WEBSITE FOR ANY PRODUCT OR SERVICE SIGNIFIES YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS SET FORTH BELOW. Any references herein to BeaconWatch.com shall be deemed to refer to Beacon-Watch.com and/or BeaconWatch, LLC. User acknowledges and agrees that these Terms and Conditions shall apply for access to our website or our data, facilitated through the use of any app on any mobile device.
I. TRADEMARKS
Beacon-Watch.com is a service mark of BeaconWatch, LLC and its affiliates. BeaconWatch is a registered trademark of BeaconWatch, LLC. All rights reserved. These and other Beacon-Watch.com graphics, logs, slogans, service names, service marks and trademarks of BeaconWatch, LLC and its affiliates may not be copied, imitated or used, in whole or in part, without the prior written permission of BeaconWatch, LLC or its affiliates, as the case may be. You may not use metatags or any other “hidden text” utilizing “BeaconWatch,” “Beacon-Watch.com” or any other name, service mark, trademark or product or service name of BeaconWatch, LLC without our prior written permission. All other trademarks, product names, and company names and logos appearing on Beacon-Watch.com are the property of their respective owners.
II. DISCLAIMERS AND LIMITATION OF LIABILITY
User expressly agrees that use of Beacon-Watch.com is at User’s sole risk. Neither BeaconWatch, LLC, its affiliates, nor any of their respective officers, directors, or employees, agents, third-party content providers, merchants, sponsors, licensors (collectively, “Providers”), or the like, warrant that Beacon-Watch.com will be uninterrupted or error free, nor do they make any warranty as to the results that may be obtained from the use of Beacon-Watch.com, or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through Beacon-Watch.com.
THIS WEBSITE IS PROVIDED BY BEACONWATCH, LLC ON AN “AS IS” AND “AS AVAILABLE” BASIS. BEACONWATCH, LLC MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF ANY INFORMATION ON THIS WEBSITE. BEACONWATCH, LLC DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE WEBSITE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE WEBSITE OR BEACONWATCH, LLC’S PRODUCTS OR CONTENT WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, CONTENT, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (E) ERRORS OR DEFECTS WILL BE CORRECTED, OR (F) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. ANY PRODUCT OFFERED BY BEACONWATCH, LLC IS WARRANTED ONLY TO THE EXTENT OF THE APPLICABLE WARRANTY CONTAINED WITH THE PRODUCT DOCUMENTATION. EXCEPT AS EXPRESSLY STATED HEREIN, TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BEACONWATCH, LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BEACONWATCH, LLC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, ITS PRODUCTS OR SERVICES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY BEACONWATCH, LLC, ITS AFFILIATES, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL USER RELY ON ANY SUCH INFORMATION OR ADVICE.
UNDER NO CIRCUMSTANCE SHALL BEACONWATCH, LLC OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING BEACONWATCH, LLC CONTENT, SERVICES OR PRODUCTS, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE AND CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE BEACON-WATCH.COM, INCLUDING BUT NOT LIMITED TO RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM BEACON-WATCH.COM OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO BEACON-WATCH.COM’S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL BEACONWATCH, LLC’S AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM THE USER FOR ANY PRODUCT, CONTENT OR SERVICE PURCHASED THROUGH BEACON-WATCH.COM, AND THE USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, PRODUCTS AND SERVICES AVAILABLE THROUGH BEACON-WATCH.COM. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
III. CONTENT
A. PROPRIETARY RIGHTS
User acknowledges that Beacon-Watch.com contains information, data, software, photographs, graphs, videos, books, typefaces, graphics, music, sounds and other material (collectively, “Content”) that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and BeaconWatch, LLC owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, Users may make copies of select portions of the Content, provided that the copies are made only for User’s personal use and that User maintains any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C.A. Section 107), User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software.
B. DISTRIBUTION/UPLOADING OF THIRD-PARTY CONTENT
Except as set forth in Section III(A) above, User may upload to or otherwise distribute on Beacon-Watch.com only Content that is not subject to any copyright or other proprietary rights protection (collectively, Public Content), or Content in which the author has given express authorization for distribution on the Internet. Any copyrighted or other proprietary Content distributed with the consent of a copyright owner should contain a phase such as “Copyright, owned by [name of owner]; used by permission.” The unauthorized submission or distribution of copyrighted or other proprietary Content is illegal and could subject the User to criminal prosecution as well as personal liability for damages in a civil suit. User will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such submission. Neither BeaconWatch, LLC, its affiliates, nor any of their respective officers, directors, employees, agents, Providers, or the like, will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such User submission. In compliance with the Digital Millennium Copyright Act, Users and other persons can report an infringement to Beacon-Watch.com at the following email address: [INSERT EMAIL ADDRESS FOR TAKE DOWN NOTICES]. By submitting Content to any area of this website, including without limitation any product reviews or participation in any chat rooms or blogs, user automatically grants, or warrants, that the owner of such Content has expressly granted BeaconWatch, LLC and Beacon-Watch.com the royalty-free, perpetual, irrevocable, nonexclusive right and license to use, reproduce, publish, translate, sublicense, copy and distribute the Content in whole or in part worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such Content. User also permits any other User to access, store, or reproduce the Content for that User’s personal use. Subject to this grant, the owner of Content placed on Beacon-Watch.com retains any and all rights which may legally exist in such Content.
C. THIRD-PARTY CONTENT
BeaconWatch, LLC is a distributor and not a publisher of Content supplied by third parties and Users. Beacon-Watch.com has no more editorial control over such Content than does a public library or newsstand. Any opinions, advice, statements, services, offers, or other information that constitutes part of Content expressed or made available by third parties, including Providers or any other User of Beacon-Watch.com, are those of the respective authors or distributors and not of BeaconWatch, LLC or its affiliates or any of their officers, directors, employees or agents. Neither Beacon-Watch.com nor its affiliates, nor any of their officers, directors, shareholders, members, employees or agents, nor any third party, including any Provider, or any other User of Beacon-Watch.com, guarantees the accuracy, completeness or usefulness of any Content, nor its merchantability or fitness for any particular purpose. In many instances, the Content available through Beacon-Watch.com represents the opinions and judgments of the respective Provider or User not under contract with Beacon-Watch.com. BeaconWatch, LLC neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on Beacon-Watch.com by anyone other than authorized BeaconWatch, LLC employees. Under no circumstances shall BeaconWatch, LLC, its affiliates, or any of their respective officers, directors, shareholders, members, employees or agents be liable for any loss, damage or harm caused by User’s reliance on information obtained through Beacon-Watch.com. It is the responsibility of User to evaluate the information, opinion, advice, or other Content available through Beacon-Watch.com. Any Materials provided by Providers have not been independently reviewed, tested, certified, or authenticated in whole or in part by BeaconWatch, LLC.
D. EXPORT
The United States export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. User agrees to abide by these laws and their regulations, including but not limited to the Export Administration Act and the Arms Export Control Act and not to transfer, by electronic transmission or otherwise, any Content derived from Beacon-Watch.com to either a foreign national or a foreign destination in violation of such laws.
IV. ORDERING
A. PAYMENT METHODS
We accept U.S. issued credit and debit cards: Visa, MasterCard, American Express and Discover.
When placing an order online or from any App on any mobile device, you will need:
1. The address, in which the card’s statement is being sent (billing address).
2. The card number and expiration date.
3. The 3 or 4 digit code found only on the card (CVV2 code).
Credit card orders can be placed online over our 128 bit Secure Socket layer encrypted connection.
B. SHIPPING POLICIES
BeaconWatch, LLC ships orders within the 50 United States. Depending on product availability, orders shipped usually arrive within [1 to 10] business days. Accurate shipping address and phone number are required. Your signature may be required for delivery. Any product or Content purchased by a User that are available in downloadable format, shall be available for download and shall not be shipped to the User, unless otherwise provided in the product or Content description.
C. DELIVERY CONFIRMATION
Because many instances may occur at your delivery address that is beyond our control, you agree that any delivery confirmation provided by the carrier is deemed sufficient proof of delivery to the card holder, even without a signature.
D. RETURN AND CANCELLATION POLICY
All sales of any products or services purchased through Beacon-Watch.com shall be final, and no returns or exchanges are allowed, except as otherwise expressly stated. BeaconWatch, LLC is not responsible for lost or stolen items. You may cancel an order placed on Beacon-Watch.com (except for orders of downloadable content) by contacting Beacon-Watch.com prior to the final processing of the product or Content (additional processing fees for cancelation may apply).
E. DOWNLOADABLE CONTENT
Beacon-Watch.com allows Users to purchase and/or download certain products and services directly through the website or through a licensed third party vendor. A User who downloads any product or services may not: (i) permit other individuals to use the product or services; (ii) modify, translate, distribute or create derivative works of the product or services; (iii) copy or redistribute the product or services; (iv) rent, lease, transfer, or otherwise transfer rights to the product or services; (v) remove any proprietary notices or labels on the product or services; and (vi) add to, alter, delete from, or otherwise modify the product or services. In addition to these Terms and Conditions, the User shall also be subject to, and required to acknowledge and agree to, any other license agreement or end user agreement, including without limitation, any terms, conditions, warranties or representations associated with, and that may be required pursuant to, the purchase and/or download of any product or services.
F. CHARGEBACK POLICY
All references to a “chargeback” refer to a reversal of a credit/debit card charge placed for an order through Beacon-Watch.com or one of its licensed third party vendors. There is no reason for a chargeback to ever be filed. If a credit is due, simply contact us and we will gladly issue it. Unnecessary chargebacks are theft and can be prosecuted. If you feel that your credit/debit card was used fraudulently on Beacon-Watch.com, please contact us for immediate resolution.
YOU AGREE THAT YOU WILL NOT CHARGEBACK ANY AMOUNTS CHARGED TO YOUR CREDIT/DEBIT CARD ON THIS WEBSITE OR THROUGH AN APP. IF YOU CHARGEBACK A CREDIT/DEBIT CARD CHARGE FOR A PAYMENT INITIATED BY YOU, YOU AGREE THAT BEACONWATCH, LLC.COM MAY RECOVER THE AMOUNT OF THE CHARGEBACK IN ADDITION TO $25 BY ANY MEANS DEEMED NECESSARY, INCLUDING BUT NOT LIMITED TO RECHARGING YOUR CREDIT/DEBIT CARD OR HAVING THE AMOUNT RECOVERED BY A COLLECTION AGENCY.
G. THIRD PARTY INTERACTIONS
During use of Beacon-Watch.com, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of advertisers or sponsors showing their goods and/or services through the website. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. BeaconWatch, LLC shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party. Beacon-Watch.com provides these links to you only as a matter of convenience, and in no event shall BeaconWatch, LLC be responsible for any content, products, or other materials on or available from such websites. BeaconWatch, LLC provides products to you pursuant to the terms and conditions of this Agreement. You recognize, however, that certain third-party providers of ancillary content, software, products or services may require your agreement to additional or different license or other terms prior to your use of or access to such content, software, products or services.
H. ORDERING DISCLAIMER
Your electronic order confirmation, or any form of confirmation, does not signify our acceptance of your order. BeaconWatch, LLC reserves the right to accept or deny shipment to anyone for any reason. BeaconWatch, LLC reserves the right to require additional information before processing any order. If an order appears fraudulent in any way, BeaconWatch, LLC reserves the right to cancel the order, notify the card holder and the proper authorities.
V. ONLINE CONDUCT
User agrees to use Beacon-Watch.com only for lawful purposes. User is prohibited from posting on or transmitting through Beacon-Watch.com any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national or international law.
If BeaconWatch, LLC is notified of allegedly infringing, defamatory, damaging, illegal or offensive content provided by a User (e.g., through an online review , chat room or blog post), BeaconWatch, LLC may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such Content from Beacon-Watch.com. BeaconWatch, LLC may disclose any Content or electronic communication of any kind: (i) to satisfy any law, regulation or government request; (ii) if such disclosure is necessary or appropriate to operate Beacon-Watch.com; or (iii) to protect the rights or property of BeaconWatch, LLC, its Users or Providers.
BeaconWatch, LLC reserves the right to prohibit conduct, communication, or Content that it deems in its sole discretion to be harmful to individual Users, Beacon-Watch.com, the communities that make up Beacon-Watch.com, or any rights of BeaconWatch, LLC or any third party, or to violate any applicable law. Notwithstanding the foregoing, neither BeaconWatch, LLC nor its Providers can ensure prompt removal of questionable Content after online posting. Accordingly, neither BeaconWatch, LLC, nor its affiliates, nor any of their officers, directors, employees or agents, nor Providers shall assume liability for any action or inaction with respect to conduct, communication, or Content on Beacon-Watch.com.
VI. PRIVACY POLICY
BeaconWatch, LLC respects the privacy of its Users. BeaconWatch, LLC gathers customer information for a variety of reasons. These reasons include a desire to improve the website, to understand which areas of the website are used most often, to enhance the on-line shopping experience of consumers, and for marketing and promotional purposes. The types of information gathered includes data gathered in the course of processing sales transactions and information provided by customers in response to surveys, sweepstakes or contents or in response to other requests for information. BeaconWatch, LLC will not sell any User’s information to any third parties. BeaconWatch, LLC reserves the right to modify its privacy policy in its reasonable discretion from time to time.
VII. TERMINATION OF USAGE
BeaconWatch, LLC may terminate User’s access, or suspend User’s access to all or part of Beacon-Watch.com, without notice, for any conduct that BeaconWatch, LLC, in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of another User, a third party Provider, a service provider, or BeaconWatch, LLC.
VIII. USAGE BY CHILDREN UNDER 13
BeaconWatch, LLC cannot prohibit minors from visiting Beacon-Watch.com. BeaconWatch, LLC must rely on parents, guardians and those responsible for supervising children under 13 to decide which materials are appropriate for such children to view and/or purchase. BEACONWATCH, LLC REQUIRES THAT ALL PURCHASES BE MADE BY INDIVIDUALS 13 YEARS OF AGE OR OLDER. EACH TIME YOU PURCHASE A PRODUCT AT BEACON-WATCH.COM OR ACCESS CONTENT ON BEACON-WATCH.COM, YOU ARE REPRESENTING TO BEACONWATCH, LLC THAT YOU ARE EITHER AN INDIVIDUAL 13 YEARS OF AGE OR OLDER.
IX. APPLICABLE LAW
The laws of the State of New York will govern the disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws. BeaconWatch, LLC reserves the right to make changes to its website and these disclaimers, terms and conditions at any time. User hereby irrevocably and unconditionally consents to submit to the exclusive jurisdiction of the courts of the State of New York located in the County of Nassau, and of the United States of America located in the State of New in the United States District Court of the Eastern District of New York, for any litigation arising out of or relating to use of or purchase made through Beacon-Watch.com (and agrees not to commence any litigation relating thereto except in such courts), waives any objection to the laying of venue of any such litigation in the courts of the State of New York, and agrees not to plead or claim in any court of the State of New York that such litigation brought therein has been brought in an inconvenient forum. User hereby agrees that he, she or it may only resolve disputes with BeaconWatch, LLC on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed under our Terms and Conditions. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the products or services must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.
X. INDEMNIFICATION
User agrees to defend, indemnify and hold harmless BeaconWatch, LLC, its subsidiaries, affiliates, shareholders, members, licensors, employees, agents, third party information providers and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to any content that you post, store or otherwise transmit on or through Beacon-Watch.com, your conduct, your use or inability to use the website, your breach or alleged breach of the Terms and Conditions or of any representation or warranty contained herein, your unauthorized use of the Content or any product, or your violation of any rights of another.
XI. SEVERABILITY
The provisions of these Terms and Conditions are intended to be severable. If for any reason any provision of these Terms and Conditions shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction. Any waiver of any provision of these Terms and Conditions will be effective only if in writing and signed by BeaconWatch, LLC.
XII. ACKNOWLEDGMENT
The Terms and Conditions, including all documents referenced herein, represent the entire understanding between User and BeaconWatch, LLC regarding your relationship with BeaconWatch, LLC, and supersede any prior statements or representations. USER AGREES TO BE BOUND BY THE TERMS AND CONDITIONS by using the Beacon-Watch.com website. The aforementioned Terms and Conditions are subject to change at any time without notice to User.
Content found on Beacon-Watch.com or through any mobile app is for informational purposes only. We are not responsible for any damage or injury that may result from the products and services provided by BeaconWatch, LLC. If you engage in any activities in which you use or utilize the products or services provided by BeaconWatch, LLC, you hereby agree that you do so at your own risk and are voluntarily participating in such activities. BeaconWatch, LLC cannot and does not ensure your safety. Each User, regardless of experience, has final responsibility for his or her own safety.
XIII. QUESTIONS AND CONTACT INFORMATION
Questions or comments about these Terms and Conditions may be directed to BeaconWatch, LLC at [email protected]