PLEASE READ THESE TERMS OF USE CAREFULLY. BY USING BEYOND OIL'S SERVICES (AS DEFINED BELOW), YOU AGREE TO BE BOUND BY THESE TERMS.
Acceptance & Scope
These Terms of Use ("Terms") govern your access to, and use of, the websites (each, a "Site" or "Website"), mobile applications (each, an "App"), board or any other service provided by Beyond Oil (collectively, the "Services") operated by or on behalf of the Beyond Oil group of companies ("Beyond Oil") and on which these Terms appear.
These Terms are a legal and binding agreement between you and Beyond Oil and are subject to change at any time. Your use of the Services indicates your acceptance of these terms. Do not use the Services if you do not agree to be bound by these Terms.
Beyond Oil Property
The Services contain many valuable trademarks owned and used by Beyond Oil throughout the world. These trademarks are used to distinguish Beyond Oil's quality products and services.
The text, graphics, and html code contained on the Websites, the Apps and throughout the Services are the exclusive property of Beyond Oil ("Beyond Oil Content"). Beyond Oil Content is protected from reproduction and simulation under national and international laws and, except where otherwise noted, is not to be copied, distributed, displayed, reproduced, or transmitted in any form, by any means, without the prior express written consent of Beyond Oil.
Access to the Services
Beyond Oil hereby grants you permission to use the Services as set forth in these Terms, provided that:
- your use of the Services as permitted is solely for your personal or commercial use;
- you will not copy or distribute any part of the Services in any medium without Beyond Oil's prior written authorization;
- you will not alter or modify any part of the Services other than as may be reasonably necessary to use the Services for their intended purpose; and
- you will otherwise comply with these Terms.
Accounts
In order to access some features of the Services, you will have to create an account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure.
Although Beyond Oil will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Beyond Oil or others due to such unauthorized use. Each time you log into your account you agree that we may send you security / identity verification related SMS text messages to the number provided in your account.
Unauthorized Use
By accessing or using the Services and accepting these Terms, you agree that you are not accessing or using the Services for any unauthorized purpose, and if you do access or use the Services for such unauthorized purposes despite our clear indication to you of your lack of authorization, you agree and acknowledge that (a) you have no reasonable expectation of privacy in connection with your access to or use of the Services, (b) you have consented to our disclosure of any data collected about you or your interaction with the Services to any third parties through cookies, pixels, tags, web beacons, java scripts, GET requests, and other technology, and (c) you hereby waive and release Beyond Oil from any liability for any claims related to invasion of privacy or violation of any wiretapping laws or any consumer privacy laws and regulations in connection with your access to and use of the Services.
Violation of These Terms and Remedies
You agree that Beyond Oil may, in its sole discretion and without prior notice, block and/or terminate your access to the Services if Beyond Oil determines that you have violated these Terms or other agreements or guidelines that may be associated therewith.
You also agree that any violation, or threatened violation, by you of these Terms constitutes an unlawful and unfair business practice, and will cause irreparable and unquantifiable harm to Beyond Oil. You also agree that monetary damages would be inadequate for such harm and consent to Beyond Oil's obtaining any injunctive or equitable relief that Beyond Oil deems necessary or appropriate. These remedies are in addition to any other remedies that Beyond Oil may have at law or in equity.
If Beyond Oil takes legal action against you as a result of your violation of these Terms, Beyond Oil will be entitled to recover from you, and you agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to Beyond Oil. You agree that Beyond Oil will not be liable to you or to any third party for termination of your access to the Services as a result of any violation of these Terms.
Warranties
The Services are provided on an "as is, as available" basis without any representation or warranty, express or implied, of any kind. To the fullest extent permitted by law, Beyond Oil hereby disclaims all warranties of any kind or nature, including, but not limited to, the implied warranties of merchantability, accuracy, non-infringement, and fitness for any particular purpose. Beyond Oil disclaims any and all liability for the acts, omissions, and conduct of any third-party service providers, partners, sponsors, licensors, licensees, and the like ("Providers") in connection with or related to your use of the Services and materials, programs, and features made available therein.
In no event shall Beyond Oil or any of Beyond Oil's Providers be liable to any person for damages of any kind under any legal theory, including, but not limited to, any direct, indirect, special, consequential, punitive, or other damages (lost profits, business interruption, or loss of information, programs, or data) resulting from your use or inability to use the Services, even if Beyond Oil has been advised of the possibility of such damages. Because some jurisdictions do not permit the exclusion or limitation of certain damages, in such jurisdictions, liability is limited to the fullest extent permitted by such law.
Limitations on Liability / Incontestability
UNDER NO CIRCUMSTANCES SHALL BEYOND OIL ENTITIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THESE TERMS, EVEN IF ANY OR ALL OF THE BEYOND OIL ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SUCH EXCLUSIONS MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY UNDER SUCH CIRCUMSTANCES WILL BE TO RECEIVE THE EQUIVALENT ACCESS TO AND USE OF THE SERVICES. PARTICIPANTS IRREVOCABLY WAIVE ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF.
BY ACCESSING AND USING THE SERVICES, YOU AGREE THAT ANY LEGAL, EQUITABLE OR OTHER CLAIM OR CAUSE OF ACTION ARISING IN WHOLE OR IN PART OUT OF OR OTHERWISE RELATED TO THE SERVICES MUST BE NOTICED WITHIN ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF THE ACT, EVENT, CONDITION OR OMISSION UPON WHICH THE CLAIM OR ACTION IS BASED. YOU ACKNOWLEDGE AND AGREE THAT THIS ONE (1)-YEAR CONTRACTUAL LIMITATIONS PERIOD IS NOT SUBJECT TO TOLLING AND MAY BE SHORTER THAN THE DEFAULT STATUTE OF LIMITATIONS THAT WOULD OTHERWISE APPLY. AFTER SUCH ONE (1)-YEAR PERIOD, THE AFFECTED CLAIM OR CAUSE OF ACTION WILL BE DEEMED TIME BARRED AND WAIVED, AND THE ACT, EVENT, CONDITION OR OMISSION UPON WHICH THE AFFECTED CLAIM OR ACTION IS BASED SHALL BE DEEMED INCONTESTABLE TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Dispute Resolution
Before initiating any formal legal or arbitral proceeding, the parties agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms of Service ("Dispute") through good faith negotiations. The initiating party must provide written notice describing the Dispute and the relief sought. The parties shall have sixty (60) days from receipt of such notice to attempt an amicable resolution.
If the Dispute is not resolved within the sixty (60) day negotiation period, and to the extent permitted by applicable law, the Dispute shall be finally settled by binding arbitration. The arbitration shall be conducted on an individual basis only. Class, collective, consolidated, or representative proceedings are prohibited where permitted by law.
Notwithstanding the foregoing arbitration requirement, Beyond Oil shall be entitled to seek injunctive or equitable relief in any court of competent jurisdiction to protect its intellectual property rights or confidential information.
Miscellaneous
The failure of Beyond Oil to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Except as otherwise specifically provided herein, if any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.
Binding Agreement
These Terms constitute a binding agreement between you and Beyond Oil, and are accepted by you upon your use of the Services. These Terms, together with the Privacy Policy, constitute the entire agreement between you and Beyond Oil regarding the use of the Services and the features therein and supersede and replace any prior agreements between you and Beyond Oil regarding the use of the Services.
By using the Services, you represent that you (or your parent or legal guardian on your behalf) are capable of entering into a binding agreement, and that you agree to be bound by these Terms.
Contact Information
For questions regarding these Terms, please contact:
Beyond Oil Ltd.
Our team is available for any question regarding these Terms of Service.
info@beyondoil.coSee also our Privacy Policy.