Terms of Service & Use

PLEASE READ OUR TERMS OF SERVICE & USE CAREFULLY BEFORE USING THIS WEBSITE. YOUR USE OF THIS WEBSITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT OUR TERMS AND CONDITIONS, DO NOT USE THIS WEBSITE.

 

The use of this website (“Site”) is governed by the policies, terms and conditions (“Terms”) of Beyond 50 Percent, Inc. (‘B50P”), (“We” and/or “B50P”) as set forth below and elsewhere on the Site. B50P, Inc. is a Colorado corporation; Copyright 2015.  All rights reserved. By using this Site, you (“You” and/or the “User”) agree to these Terms. If you do not agree to these Terms, You may not use, review or purchase services and/or products from this Site. B50P reserves the right, at any time, to modify, alter or update these Terms, and You agree to be bound by such modifications, alterations or updates. These Terms are for the User and cannot and may not be transferred, assigned or delegated to any third-party.  Any attempt to transfer, assign or delegate these Terms shall be automatically null and void.

 

ACCEPTABLE SITE USE:

 

This is an entrepreneurial business advisory Site designed to introduce sound business principles to small business owners and provide practical tools, products and services (collectively “Products”), that can be used to implement these principles in small businesses at the discretion and responsibility of the business owner. This Site may only be used for lawful purposes. Users are prohibited from violating or attempting to violate the security of this Site.  Users may not send unsolicited email messages (“spam”) to or through the Site or otherwise harass the Site owner or other users.

 

Any Products on this B50P Site, in full or in part, are not a replacement for individualized professional consulting in any specific business discipline. Contact me for additional information and licensing opportunities including private labeling and 1 on 1 consulting by agreeing to our Business Coaching Agreement.

 

If you get value out of my products please share a link to the B50P page with your small business buddies.

 

If, for any reason you do not feel that the value received matches the price paid, B50P will refund you the price paid for the tools and products.

 

We stand behind our consulting services, but please note that we cannot guarantee any particular results or outcomes from the services rendered. Every situation is unique and presents factors which are beyond our control and cannot be guaranteed.

 

You agree that B50P and its owner(s), affiliates, subsidiaries, or any of their respective officers, directors, employees, shareholders, affiliates, agents, successors or assigns are not liable for specific outcomes. Many factors can affect the performance of a business and each User and business owner understands and accepts that responsibility.

 

LIMITED USE LICENSE:

 

This Site is provided by B50P and may be used for its stated purposes only. By using this Site or purchasing Products from this Site, You agree to abide by the terms and conditions set forth in these Terms. If You do not agree to abide by these terms and conditions, do not use this Site. Subject to your continued compliance with the Terms set forth in this Agreement, B50P grants you, a non-exclusive, non-transferable, limited right to access, view and listen, as applicable, to this Site and the information, images, sounds, text (“Materials”) thereon. You agree not to interrupt or attempt to interrupt the operation of the Site in any way. B50P authorizes You to view the Materials at this Site only for your personal commercial use. This authorization is not a transfer of title in the Materials or copies of the Materials and is subject to the following restriction; You may not modify the Materials in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose except as provided in our Permissions policy.  Worldwide copyright laws and treaty provisions protect this Site, including all Materials and Products, whether or not a copyright notice is present on the Materials or Products. You agree to comply with all copyright laws worldwide in your use of this Site and to prevent any unauthorized copying of the Materials and Products. Except as expressly provided herein, B50P does not grant any express or implied right of ownership to You under any patent, trademark or copyright laws in the United States or abroad.

 

INTELLECTUAL PROPERTY, COPYRIGHTS, TRADEMARKS AND PATENTS:

 

The B50P website contains intellectual property protected by United States copyright and trademark laws and is protected by, and through, any and all applicable international laws, treaties, and/or conventions. No ownership rights are transferred, conveyed or sold through purchases or in any other manner on or through this Site or in any other transaction without the express written authorization of B50P.  Content on this Site which is described and illustrated herein, including but not limited to, any and all products, services, images, photos, illustrations, graphics, audio clips, music, animation, sounds, video clips and text, are the exclusive intellectual property of B50P, its affiliated companies and its licensors and are subject to intellectual property rights owned exclusively by B50P (“B50P IP”).  B50P owns the copyrights in the selection, coordination and arrangement of the Materials on this Site.  Any third party intellectual property which has been licensed to B50P will be noted appropriately.  Unauthorized reproduction, distribution or use of the B50P IP may result in severe civil and criminal penalties and will be prosecuted to the maximum extent possible under the law.  B50P reserves ownership rights and all other rights to its intellectual property.

 

No part of B50P IP may be reproduced, recreated or transmitted in any form or by any means, electronic or mechanical, including photocopying or recording, or by any information storage or retrieval system, except as stated in our Permissions policy, or expressly permitted in writing by Beyond 50 Percent.  All inquiries and requests should be sent to: p.r@b50p.com Attention: Stephen Krausse

 

All trademarks displayed on this site are subject to the U.S. trademark rights of B50P. These trademarks include, but are not limited to, product brand names, slogans and logos. The unauthorized use of any trademark displayed on this site is strictly prohibited.

 

DISCLAIMERS:

 

YOUR USE OF THIS SITE IS AT YOUR RISK. THE INFORMATION, PRODUCTS, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER BEYOND 50 PERCENT NOR ANY OF THEIR RESPECTIVE AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, PRODUCTS, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THIS WEBSITE. THE INFORMATION, PRODUCTS, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEBSITE MAY BE OUT OF DATE, AND NEITHER BEYOND 50 PERCENT NOR ANY OF THEIR RESPECTIVE AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, PRODUCTS, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

 

LIMITATIONS OF LIABILITY.

 

IN NO EVENT WILL BEYOND 50 PERCENT, ITS SUBSIDIARIES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEBSITE OR OUR PRODUCTS, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE, ANY WEBSITES LINKED TO THIS WEBSITE, OR THE MATERIALS, INFORMATION, PRODUCTS SOLD OR SERVICES PERFORMED OR CONTAINED ON ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

 

IN THE EVENT OF ANY PROBLEM WITH THIS WEBSITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEBSITE.  BEYOND 50 PERCENT’S TOTAL LIABILITY FOR ANY PRODUCT AND/OR SERVICES IS LIMITED TO THE AMOUNT PAID FOR SUCH PRODUCT AND/OR SERVICES AND USER SHALL FULLY DEFEND, INDEMNIFY, AND HOLD HARMLESS B50P, ITS SUBSIDIARIES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS OR DEMANDS, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL FEES, MADE BY ANY THIRD PARTY DUE TO, OR RESULTING FROM, YOUR USE OF THIS SITE AND RELATED PRODUCTS AND SERVICES AND/OR YOUR VIOLATION OF THESE TERMS.

 

WAIVER:

 

The failure of B50P to insist in any one or more instances upon the strict performance of any provision of these Terms shall not be construed as a waiver of such provision, but the same shall continue and remain in full force and effect.  No waiver by B50P shall be deemed to have been made unless expressed in writing herein.

 

INJUNCTIVE RELIEF:

 

User and B50P acknowledge and agree that if User should breach or threaten to breach these Terms, including but not limited to, B50P intellectual property rights, including copyright or trademark rights, in addition to any other remedies it may have at law or in equity, B50P will be entitled to a restraining order, injunction or other similar remedy in order to specifically enforce the provisions of these Terms. User specifically acknowledges that money damages alone would be an inadequate remedy for the injuries and damages that could be suffered or incurred by B50P as a result of a breach of any of the Terms herein. In the event that B50P should seek such relief, User hereby waives any requirement for the submission of proof of the economic value of any or the posting of a bond or any other security. User shall notify B50P immediately upon discovery of any unauthorized use of B50P intellectual property rights, including copyright or trademark rights or any other breach of these Terms by User and will cooperate with B50P in every reasonable way to help B50P prevent further unauthorized use or disclosure.

 

CHOICE OF LAW AND JURISDICTION:

These Terms supersede any other agreement between User and B50P to the extent necessary to resolve any inconsistency or ambiguity between them. These Terms and any purchases, sales or other use of this site by users on this site, and any disputes arising out of such actions, shall be governed by and construed in accordance with the laws of the State of Colorado, without giving effect to any principles of conflicts of laws. Any action seeking legal or equitable relief arising out of or relating to this Website will be brought only in the courts of proper jurisdiction of the State of Colorado.  It is agreed by the User that these terms may be admissible in any judicial and/or administrative proceedings.

 

ENTIRE AGREEMENT:

 

Headings used in these Terms are for reference purposes only and in no way define or limit the scope of the section.  In the event that any provision of the Terms conflicts with the law under which the Terms are to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to the Terms, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of these Terms will remain in full force and effect. Prices and terms are subject to change without notice.  Our offers to sell are void where prohibited.