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.
(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.
(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.
(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 email@example.com.
(d) to exercise and validate the operational validity of Before-i and its features.
(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.
(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.
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.
Effective Date: 5/8/13
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.
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.
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.
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:
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.
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.
Interpretation and Disputes
907 Trogdon St.
N. Wilkesboro, NC 28659
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