Terms & Conditions

Before-i Beta Test Registration Agreement

 

The Before-i service ("Before-i") is a web-based goal tracking portal and social site provided by Beforei, Inc. (“BFI”).   BFI is making Before-i available to you on a limited beta-test basis to permit preliminary testing of Before-i as BFI continues its work and development of Before-i.  Subject to your successful registration to access Before-i, this beta test enables you ("you") to access and use Before-i provided you meet the obligations of this agreement ("Agreement").  If you do not agree to the terms of this Agreement, please exit this website as you are not permitted to use Before-i.  The effective date of this Agreement is the date that you submit your application for registration. 

 

  1. REGISTRATION.

 

(a)   This Agreement is conditional upon you having completed your request to access Before-i by completing the RegistrationForm and having been notified by BFI that your application for access has been granted.  BFI retains the right both to refuse your registration and to terminate this Agreement at its sole discretion upon notice to you.

 

(b)   You must provide accurate, truthful, and complete contact information and other information, as required on the Registration Form.  You must advise BFI of any changes to such information as soon as is reasonably possible.

 

(c)   You represent, on behalf of yourself and the entity that you represent, that: (i) your registration on the Registration Form and the related information you provide on your application is true, accurate and complete in all material respects; (ii) you have the authority to enter into this Agreement; and (iii) you will use Before-i only for lawful purposes and in accordance with all local, state, federal, and international laws, regulations and ordinances.

 

(d)   BY ENTERING INTO THIS AGREMEENT YOU FURTHER AGREE TO THE TERMS OF USE AND PRIVACY POLICY; www.before-i.com/privacy, www.before-i.com/terms  AS POSTED.  IF YOU DO NOT AGREE TO THE TERMS OF USE OR PRIVACY POLICY, DO NOT COMPLETE YOUR APPLICATION FOR REGISTRATION AND EXIT THE SITE IMMEDIATELY.  In the event of a conflict between this Agreement, the Terms of Use or the Privacy Policy, this Agreement controls.  Please print a copy for your reference. 

 

  1. BETA

 

(a)    You understand that Before-i is still under development and has not been authorized for general release. 

 

(b)    BFI grants to you a non-exclusive, nontransferable, royalty-free license to use Before-i solely for your own personal use.  BFI grants this license for the limited purpose of testing Before-i in accordance with this Agreement. 

 

(c)    BFI has no obligation to (i) issue updates, improvements or enhancements to Before-i; (ii) identify or correct errors or problems in Before-i; (iii) compensate you for your suggestions, changes or adaptations, which may be incorporated into the Before-i in BFI's discretion; or (iv) make Before-i (or any version thereof) available for general release.

 

(d)    The beta test will begin on the effective date of this Agreement and extends through TBD (“Beta Test Term”), unless otherwise agreed in writing.  Your access to Before-i will be terminated upon expiration of the Beta Test Term unless the parties agree otherwise in writing. 

 

(e)    You may cease use of Before-i at any time.  You may also terminate this Agreement by cancelling your account with Before-i.   Upon expiration of the Beta-Test Term or any other termination under this Agreement, you must cease use of Before-i.  BFI has no obligation to provide you with any of your information or data that may be contained in Before-i and may immediately delete or otherwise destroy all of your information in Before-i following such termination. 

 

(f)     Nothing in this Agreement conveys to you any right, title, or interest in or to any copyright, trademark, patent, trade secret, confidential information or other intellectual property in any manner whatsoever other than the limited license set forth above. 

 

  1. YOUR RESPONSIBILITIES & OBLIGATIONS.  You agree:

 

(a)    to convey/communicate to BFI any and all of your considerations, ideas, concepts, comments, feedback, and the like regarding Before-i on a regular basis, but at least twice during the Beta Test Term. 

 

(b)    to review and provide BFI with written assessments/evaluations of Before-i on a monthly basis and as otherwise may be requested by BFI. 

 

(c)    to report any problems or errors to BFI by contacting BFI at contact@before-i.com.

 

(d)    to exercise and validate the operational validity of Before-i and its features. 

 

(e)    to exercise your best judgment in setting, planning, and all other activities to meet your goals.  As these goals may relate to certain activities that may be risky, dangerous, or otherwise require consultation with professional advisors or physical training.  You should always consult with your physician or other professional service provider before undertaking any such activities as further set forth in the Terms of Use www.before-i.com/terms .  BFI CANNOT PROVIDE ANY KIND OF ADVICE, EXPLANATION, OPINION, OR RECOMMENDATION ABOUT POSSIBLE LEGAL RIGHTS, REMEDIES, DEFENSES, OPTIONS, OR STRATEGIES TO HELP MEET YOUR GOALS.

 

  1. LIMITATIONS ON USE OF Before-i.  You may not under any circumstances:

 

(a)    publish, sell, lease, rent, mirror, copy, store or reproduce Before-i or any of its related materials or documentation as defined below.

 

(b)    alter, modify, change, or create derivative works based upon Before-i or any of its related materials or documentation.

 

(c)    decompile, reverse engineer, disassemble, transmit, translate, or in any other manner decode, or attempt to derive source code from Before-i or any of its related materials or documentation as defined below, nor authorize or allow any third party to do any of the foregoing.

 

(d)    use Before-i, or any of their related materials or documentation as defined below, for any purpose beyond the authorized use set forth in this Agreement.

 

  1. CONFIDENTIALITY.  You agree to maintain in strict confidence the terms and conditions of this Agreement, Before-i, Before-i's functionality and all associated documentation, materials, services, communication (oral or otherwise), know how, and methodologies that relate to the design, development, operation, testing, and use of Before-i and any additions or modifications thereto. You must immediately notify BFI of the circumstances surrounding any known or suspected unauthorized access or use of Before-i or any associated documentation and materials hereunder to anyone other than the persons authorized under this Agreement. 

 

  1. LIMITATIONS ON WARRANTYBefore-i IS NOT A FULLY TESTED PRODUCT OFFERING, AND HAS NOT BEEN COMPLETED ACCORDING TO BFI’S NORMAL DEVELOPMENT PROCEDURES.  YOUR USE OF Before-i AND ANY BFI PROVIDED DOCUMENTATION AND MATERIALS IS AT YOUR SOLE RISK.  Before-i AND ASSOCIATED DOCUMENTATION AND MATERIALS MAY CONTAIN ERRORS, DEFECTS, FAIL TO COMPLY WITH APPLICABLE SPECIFICATIONS, AND MAY PRODUCE UNINTENDED OR ERRONEOUS RESULTS.  ACCESS TO Before-i IS PROVIDED TO YOU “AS IS”, "WHERE IS," "WITH ALL FAULTS" AND WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING IMPLIED WARRANTIES of merchantability, NON-INFRINGEMENT AND fitness for a particular purpose, ALL OF WHICH ARE DISCLAIMED IN THEIR ENTIRETY, TOGETHER WITH ANY IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE IN TRADE. 

 

  1. indemnity.  You will indemnify, defend, and hold harmless BFI from and against any and all costs, liabilities, expenses, damages, fees and losses arising from or related to any claim, allegation, lawsuit, demand or proceeding resulting from or based upon any use or misuse of Before-i, any violation of applicable laws or regulations (including without limitation any privacy laws or regulations), or any material breach of this Agreement.  

 

  1. LIMITATION ON LIABILITY

 

(a)   UNDER NO CIRCUMSTANCES SHALL BFI BE LIABLE UNDER THIS AGREEMENT FOR LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF REVENUES, DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES WHETHER BASED BY CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF THE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.   

 

(b)   notwithstanding the foregoing, IN NO EVENT shall BFI’S TOTAL LIABILITY FOR ALL DAMAGES UNDER THIS AGREEMENT, FOR WHATEVER CAUSE, WHETHER IN AN ACTION IN CONTRACT OR IN TORT OR OTHERWISE EXCEED $100.00.  the limitations provided in this section shall apply even if any other remedies fail their essential purpose.

 

(c)   YOU SHALL BE RESPONSIBLE FOR ANY USE OF Before-i AND ITS ASSOCIATED DATA.  BFI HAS NO LIABILITY OR RESPONSIBILITY FOR THE GOALS THAT YOU SET OR WHETHER OR HOW YOU CHOOSE TO SET AND/OR MEET YOUR GOALS.  IT IS YOUR RESPONSIBILITY TO USE YOUR JUDGMENT IN CHOOSING, SETTING, AND ATTEMPTING TO MEET YOUR GOALS.

 

  1. BFI’S OWNERSHIP.  BFI shall have sole and exclusive ownership of all right, title, and interest in and to Before-i, and any modifications or additions thereto, all releases thereof, ideas, derivative works and innovations, arising out of this Agreement or from discussions with you, including any feedback and suggestions, as well as all media and documentation relating to Before-i, and any modifications or additions thereto (whether in written, recorded, graphic, audiovisual, optical, electronic or other media or form), and all associated intellectual property rights (including but not limited to, rights to copyrights, trade secrets, trademarks, patents, patent applications, and know how) (collectively called “Work Product”).  You hereby assign all rights in all such Work Product, if any, to BFI.  Such Work Product is BFI confidential information and is proprietary to BFI such that BFI may use, copy, develop, and distribute, any and all submitted material for any purpose and in any way, specifically including selling products incorporating such submitted material in BFI's sole discretion. 

 

  1. MISCELLANEOUS.

 

a.      Governing Law and Venue.  This Agreement shall be solely construed and enforced in accordance with the internal laws of the State of North Carolina, without regard to principles of conflict of laws.  You hereby consent to the exclusive jurisdiction of the state and federal courts with jurisdiction in the County of Wilkes, State of North Carolina for all purposes under this Agreement.

 

b.      Legal and Equitable Remedies.  The parties recognize and agree that money damages would not be a sufficient remedy for any breach by you of Sections 4 (Limitations on Use of Before-i), 5 (Confidentiality), or 9 (BFI’s Ownership) of this Agreement, and that any such breach would result in irreparable harm to BFI.  Therefore, BFI shall be entitled to obtain immediate injunctive relief against the breach or threatened breach of such provisions, in addition to all other remedies available at law or in equity, without posting of a bond, proof of damages or other similar requirement.

 

c.      Severability.  If any provision of this Agreement is found by a court of competent jurisdiction to be void, invalid or unenforceable, the same will either be reformed to comply with applicable law or stricken if not so conformable, so as not to affect the validity or enforceability of this Agreement.

 

  1. Relationship.  The parties are separate and independent entities and no provision contained in this Agreement is intended to create any relationship between them other than that of independent contracting entities.  Neither of the parties, nor any of their respective representatives, shall be construed to be the agent, partner, employer, employee or representative of the other party.

 

  1. Captions.  The captions of the Sections in this Agreement are included only for the convenience of the parties and shall not affect the meaning, construction, or effect hereof.

 

  1. Waivers.  No delay or failure to require performance of any provision of this Agreement shall constitute a waiver of that provision as to that or any other instance.  Any waiver granted by a party must be in writing, and shall apply to the instance expressly stated.

 

  1. Entire Agreement; Amendments; Acknowledgment of Other Agreements.  This Agreement attached hereto represent the entire agreement of the parties with respect to the subject hereof and supersedes any previous agreements between the parties relating to the same subject matter.  This Agreement may be amended only by a written instrument signed by the parties.  Nothing in this Agreement shall be construed as modifying, supplementing or offsetting any consideration given by any party in any other agreements between you and BFI or any of their respective affiliates. 

 

YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND WILLINGLY AGREE TO THE TERMS OF THIS AGREEMENT AS STATED ABOVE AND ARE ENTERING INTO THIS AGREEMENT ELECTRONICALLY, WHICH IS A BINDING ELECTRONIC AGREEMENT AND ELECTRONIC RECORD. 

 



 

Terms of Use

 

Effective Date: 5/8/13

Welcome to this website hosted by Beforei, Inc. (“BFI”).  BFI maintains this website for your personal information and your access to Before-i, BFI's goal tracker and planning system ("Before-i").  Your access to and use of this website is subject to the following Terms of Use.  Please read these Terms of Use carefully before accessing or using this website, so that you fully understand your rights and responsibilities.  By accessing or using this website, you agree to these Terms of Use. Please print a copy of these Terms of Use for your reference.

 

If you do not agree to the following Terms of Use, do not access or use this website or Before-i.  

 

BFI reserves the right to modify or amend these Terms of Use at any time.  All changes will be effective immediately upon their posting on this website.  Material changes will be posted conspicuously on this website.  By accessing the website following posting of changes to the Terms of Use, you agree to all such changes.

 

No Professional Advice

 

Before-i allows you to set, plan, track and communicate personal goals.  As these goals may relate to certain activities that may be risky, dangerous or otherwise require consultation with professional advisors or physical training.  You should always consult with your physician or other professional service provider before undertaking any such activities.  WE CANNOT PROVIDE ANY KIND OF ADVICE, EXPLANATION, OPINION, OR RECOMMENDATION ABOUT POSSIBLE LEGAL RIGHTS, REMEDIES, DEFENSES, OPTIONS, OR STRATEGIES TO HELP MEET YOUR GOALS.

                 

BFI DOES NOT PROVIDE ANY MEDICAL ADVICE, NOR SHALL ANYTHING IN THIS WEBSITE BE INTERPRETED AS CONSTITUTING, THE PRACTICE OF ANY MEDICAL, NURSING OR OTHER PROFESSIONAL HEALTH CARE ADVICE, DIAGNOSIS OR TREATMENT.  YOU SHOULD ALWAYS CONSULT YOUR PHYSICIAN BEFORE BEGINNING OR MODIFYING YOUR DIET, FITNESS PROGRAM OR PHYSICAL TRAINING PROGRAM. 

 

YOU SHOULD ALWAYS CONSIDER CONSULTING WITH A PROFESSIONAL SERVICE PROVIDER, SUCH AS A LAWYER, ACCOUNTANT OR TAX ADVISOR, WITH RESPECT TO ANY ISSUES THAT MAY BE RELATED TO YOUR GOALS.  BFI DOES NOT PROVIDE SUCH PROFESSIONAL ADVICE OR GUIDANCE AND IS NOT A SUBSTITUTE FOR SUCH ADVICE OR GUIDANCE.

 

BFI HAS NO LIABILITY OR RESPONSIBILITY FOR THE GOALS THAT YOU SET OR WHETHER OR HOW YOU CHOOSE TO SET AND/OR MEET YOUR GOALS.  IT IS YOUR RESPONSIBILITY TO USE YOUR JUDGMENT IN CHOOSING, SETTING AND ATTEMPTING TO MEET YOUR GOALS. 

 

Site Information

 

Information displayed on this website is subject to modification without notice.  BFI reserves the right to modify such information without any obligation to notify past, current or prospective website users.  Some services may not be available in certain areas.  BFI makes no representations that the materials on this website are appropriate or available for use in any particular state or other countries besides the United States.  Those who do access this website are solely responsible for compliance with the laws of the state or country in which they reside.

 

 All offers set forth on this website are void where prohibited, and are subject to the posting of any official rules pertaining to such offers.

 

Intellectual Property Rights

 

Copyright © 2013 Beforei, Inc.  All rights reserved.

 

All copyrightable text, audio, video, graphics, charts, photographs, icons, and the design, selection, and arrangement of content in any medium on this website are copyrighted by BFI, unless otherwise noted.  The distinctive and original layout and presentation of this website also constitutes protectable trade dress under applicable federal law.  In addition, many proprietary names and marks belonging to BFI appear throughout this website.  This website may also contain references to third-party marks, and copies of third-party copyrighted materials, which are the property of their respective owners.  Any unauthorized use of any trade dress, marks, or any other intellectual property belonging to BFI or any third party is strictly prohibited, and will be prosecuted to the fullest extent of the law.

 

Use of this Site

 

You may download and/or print one (1) copy of this website’s content solely for your personal and noncommercial use, provided you do not delete or modify any copyright, trademark, or other proprietary notices.  You may not otherwise use, copy, modify, distribute, mirror, republish or transmit any of the content or materials of this website without the prior written consent of BFI.

 

Posting

 

BFI will provide interactive areas for participation by its members. All users of this website must also follow any other guidelines or rules provided by BFI or posted on this website.  A failure to comply with any of those guidelines or rules, or any of the other provisions of these Terms of Use, will result in, among other possible action, the immediate termination of all membership and privileges to post content to the site.  Please report any violations of these guidelines to BFI, as provided for in the “Contacting Us” paragraph of these Terms of Use.

 

You and other users of the BFI bulletin boards, chat rooms and other interactive areas are solely responsible for the contents and consequences of the messages you communicate or post on this site. You should exercise the utmost discretion before providing any personal information on this site. Although BFI is not obligated to monitor content or the accuracy of information, you acknowledge and agree that BFI, in its sole discretion, has the right to monitor, without notice, any such content or information posted on this site.  BFI also reserves the right, in its sole and absolute discretion, to prohibit or remove any conduct or content, without notice, for any reason, and to revoke any user’s membership, for any reason.

 

You understand and agree that: (1) BFI assumes no liability or responsibility for any content or material of any kind that is submitted for or posted on any interactive area on the site (including without limitation any bulletin boards, chat rooms, surveys on the site) by you or by any other users or third parties and (2) BFI is a publisher of any such content, and is acting solely as an Internet Service Provider as such term is defined in the Digital Millennium Copyright Act.

 

Copyright

BFI respects the rights of intellectual property owners, and asks that its users do the same. If you believe that your work has been copied in a way that constitutes infringement, please provide BFI the following information, in the form prescribed by Section 512 of Title 17, United States Code:

 

1.          an electronic or physical signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

2.          a description of the copyrighted work or works that you claim have been infringed;

3.          a description of the allegedly infringing material, including its location on the site;

4.          your address, telephone number, and e-mail address;

5.          a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

6.          a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

 

CFM’s Copyright Agent for notice of claims of copyright infringement on its site is:

 

contact@before-i.com

 

 

No Liability

 

IN NO EVENT SHALL BFI OR ANY OF ITS OFFICERS, REPRESENTATIVES, DIRECTORS, EMPLOYEES, CONSULTANTS OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, INFORMATION, PROFITS OR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR PERFORMANCE OF THIS WEBSITE OR ANY LINKED WEBSITE OR TO ANY MATERIAL, INFORMATION, DATA, PRODUCTS, OR SERVICES OBTAINED THROUGH THIS WEBSITE, OR OTHERWISE ARISING OUT OF YOUR USE OF THIS WEBSITE, YOUR INABILITY TO USE THIS WEBSITE OR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE OF ANY INFORMATION, ADVICE OR MATERIALS PROVIDED ON THIS WEBSITE, WHETHER SUCH DAMAGES ARE BASED IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF BFI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR ACCESS TO AND USE OF THE WEBSITE.

 

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.

 

No Warranty

 

BFI MAKES ALL COMMERCIALLY REASONABLE EFFORTS TO ENSURE THAT ALL MATERIAL, INFORMATION AND DATA ON THIS WEBSITE IS ACCURATE AND RELIABLE; HOWEVER, ACCURACY CANNOT BE GUARANTEED.  THIS WEBSITE IS PROVIDED BY BFI ON AN “AS IS” BASIS.  BFI DISCLAIMS ALL WARRANTIES WITH RESPECT TO THIS WEBSITE, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.  BFI MAKES NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS WEBSITE, OR USE OF MATERIAL, INFORMATION OR DATA DOWNLOADED OR OTHERWISE OBTAINED FROM THIS WEBSITE, OR REGARDING THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THIS WEBSITE.  BFI DOES NOT WARRANT OR GUARANTEE (1) THE ACCURACY, COMPLETENESS, CORRECTNESS, TIMELINESS, OR USEFULNESS OF THIS WEBSITE OR ANY MATERIAL, INFORMATION OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH USE OF THIS WEBSITE OR (2) THAT USE OF THIS WEBSITE OR ANY MATERIALS ON THIS WEBSITE WILL MEET ANY USERS REQUIREMENT BY UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.  BFI SHALL HAVE NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATION.

 

YOU ACKNOWLEDGE AND AGREE (1) THAT YOUR USE OF THIS WEBSITE IS AT YOUR OWN DISCRETION AND RISK, (2) THAT USE OF ANY MATERIAL, INFORMATION OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEBSITE IS AT YOUR OWN DISCRETION AND RISK, AND (3) THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL, INFORMATION OR DATA, AND FOR ANY OTHER FORM OF DAMAGE THAT MAY BE INCURRED.  BFI DOES NOT WARRANT OR GUARANTEE THAT FILES OR OTHER MATERIALS AND INFORMATION AVAILABLE THROUGH THIS WEBSITE WILL BE FREE OF INFECTIONS, VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT COULD BE HARMFUL TO YOUR COMPUTER SYSTEM.  NONE OF THE PARTIES INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS WEBSITE OR ITS CONTENT, INCLUDING WITHOUT LIMITATION BFI, SHALL BE LIABLE TO USERS OF THIS WEBSITE FOR ANY DAMAGE RESULTING FROM USE OF THIS WEBSITE OR USE OF MATERIAL, INFORMATION OR DATA DOWNLOADED OR OTHERWISE OBTAINED FROM THIS WEBSITE, NOR ARE SUCH PARTIES IN ANY WAY RESPONSIBLE FOR THE CONDUCT OF USERS OF THIS WEBSITE OR FOR INFORMATION POSTED OR EXCHANGED ON THIS WEBSITE.

 

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BFI OR IN ANY MANNER FROM THIS WEBSITE SHALL CREATE ANY WARRANTY.

 

Third-Party Websites

 

This website may link to, or be linked to, other websites not maintained by or related to BFI.  Such links are provided only as a service to our visitors.  BFI is not, directly or indirectly, implying any approval, association, sponsorship, endorsement or affiliation with the linked or linking website, unless specifically stated on this website.  BFI has not reviewed all such websites and is not responsible for the content, accuracy, or policies of any such websites.  You link to any other pages or websites at your own risk, and your use of such websites will be controlled by the terms of use posted on that site.  You should review the terms of use of any website to which you navigate.

 

If you operate another website and are interested in linking to our website, you agree to be bound by the following rules:  (1) the link must be a text-only link clearly marked; (2) the link must "point" to the URL "www.before-i.com" and not to any other pages; (3) the link, and use thereof, must be in connection with a website of appropriate subject matter which furthers the mission of BFI; (4) the link, and use thereof, may not be such that may damage or dilute the goodwill associated with BFI’s names and marks; (5) the link, and use thereof, may not create the false appearance that an entity other than BFI is associated with or sponsored by BFI; (6) the link, when activated by a user, must display this site full-screen and not with a "frame" on the linked website; and (7) BFI reserves the right to revoke consent to the link at any time in its sole discretion, either by amending these Terms of Use or through other notice.

 

Privacy Policy

 

By your access and use of this website, you hereby agree to the terms of the BFI Privacy Policy www.before-i.com/privacy , which are incorporated into these Terms of Use by this reference.

 

Indemnification

 

You agree to indemnify, defend and hold harmless BFI, its officers, representatives, directors, employees, consultants and agents from any and all losses, expenses, third-party claims, liabilities, damages and costs (including without limitation attorneys’ fees) arising from or related to your use of this website, your use of any material, information or data downloaded or otherwise obtained from this website, or your violation of these Terms of Use, including without limitation, your infringement of any intellectual property or other right of BFI or any other person or entity.

 

Interpretation and Disputes

 

These Terms of Use are governed by the laws of the United States and the State of North Carolina, without regard to any conflict of laws provisions.  Venue shall be proper exclusively in Wilkes County, North Carolina with respect to any dispute arising under these Terms of Use, unless otherwise specifically agreed by BFI in its sole discretion.  In the event of any dispute, the prevailing party shall be entitled to recovery of its reasonable attorneys’ fees and costs.  If any provision of these Terms of Use is deemed unenforceable or invalid by a court or arbitrator, then the court or arbitrator shall modify such provision to the minimum extent necessary to make such provision enforceable and valid.  Should such modification prove impossible or impracticable then the provision shall be severed and the remaining terms of these Terms of Use shall be interpreted and read to give them maximum enforceability.  Any cause of action or claim with respect to this website must be commenced within one (1) year after the action or claim arises.

 

Entire Agreement

 

By your access or use of this website, you hereby agree to these Terms of Use.  These Terms of Use, together with the BFI Privacy Policy and the Beta Test Agreement (if applicable) constitute the entire agreement between you and BFI with respect to your access and use of this website and supersede all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.  Any waiver of any provision of these Terms of Use will be effective only if in writing and signed by BFI.  These Terms of Use will inure to the benefit of BFI’s successors and assigns.

 

Electronic Communications

 

You acknowledge that these Terms of Use are a valid and binding agreement.  To the fullest extent permitted by law, you agree that these Terms of Use and any other documentation, agreements, notices or communications between you and BFI may be provided to you electronically.  Please print a copy of all such documentation, agreements, notices or other communications for your reference.

 

Contacting Us

 

If you have any other questions or concerns regarding these Terms of Use, please contact us at:

 

                                                      contact@before-i.com

                                                      Beforei, Inc

                                                      907 Trogdon St.

                                                      N. Wilkesboro, NC 28659