TERMS OF USE

BY VISITING WWW.BEV-DESIGN.COM, YOU ARE CONSENTING TO OUR TERMS AND CONDITIONS

 

OVERVIEW

By using destinationlegal.com, referred to as this “Site”, all visitors, referred to as “user”, “you” and “your” are bound by these Terms and Conditions. The terms “we”, “us”, and “our” refer to Bird's Eye View LLC, owner of www.bev-design.com.  Accessing this Site constitutes a use of the Site and an acceptance to the Terms provided herein.

By using the Site, you agree to these Terms of and Conditions, without modification, and acknowledge reading them. We reserve the right to change these Terms of and Conditions or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms of and Conditions on this Site.  By continuing to use the Site after we post any such changes means you accept the new Terms of and Conditions with the modifications.

In some states this website may constitute attorney advertising. This Site provides information for informational purposes only. Not contained herein establishes an attorney-client relationship or constitutes legal advice.  

 

SITE USE

You may use the Site for lawful purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law. To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into these Terms and Conditions.  

 

INTELLECTUAL PROPERTY

Unless otherwise stated, copyright of all articles, blogs, information and materials found on www.bev-design.com belongs solely to Bird's Eye View LLC. You may not reproduce or redistribute the articles, blogs, information, and materials found on www.bev-design.com without the express written permission of Bird's Eye View LLC  Furthermore, the Site contains intellectual property owned by Bird's Eye View LLC, including, without limitation, trademarks, copyrights, proprietary information, and other intellectual property as well as the Bird's Eye View LLC name, logo, all designs, text, graphics, other files, and the selection and arrangement thereof. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site content or intellectual property, in whole or in part without our prior written consent.

LIMITATION OF LIABILITY

YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE.  ADDITIONALLY, BIRD'S EYE VIEW LLC IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF BIRD' EYE VIEW LLC HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL BIRD'S EYE VIEW LLC’S CUMULATIVE LIABILITY TO YOU EXCEED $100.

THIRD-PARTY RESOURCES

The Site and the Service may contain links to third-party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third-party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Bird's Eye View LLC. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

 

INDEMNIFICATION

We make no warranty or guarantee as to the accuracy of the information on our Site or its Content. You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms of Service, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.

GOVERNING LAW

These Terms shall be governed by and construed in accordance with the laws of the State of Maryland within the United States, regardless of the conflict of laws principles thereof.

If a dispute is not resolved first by good-faith negotiation between the parties to this Agreement, any controversy or dispute to this Agreement will be submitted to the American Arbitration Association. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand and shall take place in Maryland or via telephone. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety (90) day period. The written decision of the arbitrators (which will provide for the payment of costs, including attorneys’ fees) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or decree in equity, as circumstances may indicate.

 

ENTIRE AGREEMENT; WAIVER; HEADINGS

These Terms constitute the entire agreement between you and Bird's Eye View LLC pertaining to the Site and Service and supersede all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by Bird's Eye View LLC shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Bird's Eye View LLC. The subject headings of these Terms are included for convenience only and shall not affect the construction or interpretation of any of its provisions.

DISCLAIMERS

By using this website and/or purchasing any of Bird's Eye View LLC’s programs, products, or services, you are voluntarily agreeing to this Disclaimer.  You are agreeing that you have read, understand, and consent to the terms herein.  Any questions should be directed to info@bev-design.com before purchasing.

This website provides information for educational purposes only. You must be eighteen (18) years of age and the legal ability to agree to this Disclaimer.  Nothing contained herein constitutes legal advice nor does it establish an attorney-client relationship.  Information provided on the Site and in services related to legal help, including contract formation, governance, or other information (the “Services”) are subject to change.

You assume personal responsibility for utilizing the information provided on www.bev-design.com and any programs, products, or services purchased herein. Bird's Eye View LLC is not responsible for personal actions during or after use of our programs or products, you accept full responsibility for the use, or non-use, of this information.

NO GUARANTEES

You accept and understand that no guarantees are made through the use of this website or its products. 

TESTIMONIALS

Testimonials are examples of real experiences and opinions of an individual's experiences with Bird's Eye View LLC and are on the Site for illustration only.  All testimonials are displayed with permission and are of actual people and their results. Testimonials are not intended to guarantee current or future users the same or similar results. 

LIMITATION OF LIABILITY

The fullest extent permitted by law, Bird's Eye View LLC excludes any liability for any direct, indirect, or consequential loss or damage incurred by in connection with this website, programs, product or services.   By enrolling in, purchasing or using this website, programs, products, or services, you agree to this limitation of liability and release Bird's Eye View LLC from any and all claims.

Any questions on these Terms and Disclaimers should be directed to info@bev-design.com

Updated: June 2020

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info@bev-design.com   ·   (410) 645-0061

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