Terms of Service

Effective Date: January 1, 2025

Welcome to BeyondSPX! These Terms of Service ("Terms") govern your use of the BeyondSPX website located at beyondspx.com (the "Service") operated by BeyondSPX ("we," "us," or "our").

By accessing or using our Service, you agree to be bound by these Terms. If you disagree with any part of these terms, then you may not access the Service.

1. Use of Our Service

Eligibility

You must be at least 13 years old to use our Service. By using our Service, you represent and warrant that you are at least 13 years of age.

Account Registration

To access certain features of our Service, you may be required to register for an account. When you register for an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security of your password and accept all risks of unauthorized access
• Notify us immediately if you discover or suspect any security breaches
• Take responsibility for all activities that occur under your account

Acceptable Use

You agree not to use the Service to:

• Violate any applicable laws or regulations
• Infringe upon the rights of others
• Transmit any harmful, offensive, or illegal content
• Engage in any form of harassment, abuse, or harm to others
• Spread false information or engage in market manipulation
• Attempt to gain unauthorized access to our systems or user accounts
• Interfere with or disrupt the Service or servers
• Use automated systems or software to extract data from the Service without permission
• Impersonate another person or entity
• Engage in any activity that we determine, in our sole discretion, to be harmful to the Service or our users

2. User Content

Your Content

Our Service allows you to post, submit, and share content, including comments, forum posts, and other materials ("User Content"). You retain ownership of your User Content, but by posting it on our Service, you grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display your User Content in connection with operating and providing the Service.

Content Responsibility

You are solely responsible for your User Content and the consequences of posting it. You represent and warrant that:

• You own or have the necessary rights to your User Content
• Your User Content does not infringe upon the rights of any third party
• Your User Content complies with these Terms and all applicable laws

Content Moderation

We reserve the right, but not the obligation, to:

• Monitor User Content
• Remove or refuse to display any User Content at our sole discretion
• Ban or suspend users at our sole discretion
• Disclose User Content to law enforcement authorities as required by law

Decisions regarding content moderation and user bans are made at our sole discretion and are final. Users may appeal decisions by contacting us at contact@beyondspx.com, but we are not obligated to reverse any decision.

3. Financial Information Disclaimer

4. Intellectual Property Rights

Our Content

The Service and its original content (excluding User Content), features, and functionality are and will remain the exclusive property of BeyondSPX and its licensors. The Service is protected by copyright, trademark, and other laws. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.

Feedback

If you provide us with any feedback or suggestions regarding the Service ("Feedback"), you grant us the right to use such Feedback without restriction and without compensation to you.

5. Third-Party Links and Services

Our Service may contain links to third-party websites or services that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that we shall not be responsible or liable for any damage or loss caused by your use of any third-party content or services.

6. Privacy

Your use of our Service is also governed by our Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

7. Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, at our sole discretion, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will cease immediately. All provisions of the Terms which by their nature should survive termination shall survive termination.

8. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER BEYONDSPX NOR ANY PERSON ASSOCIATED WITH BEYONDSPX MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICE.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BEYONDSPX, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR USE OF THE SERVICE.

IN NO EVENT SHALL OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS.

10. Indemnification

You agree to defend, indemnify, and hold harmless BeyondSPX and its officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Service.

11. Governing Law and Jurisdiction

These Terms shall be governed and construed in accordance with the laws of the State of Washington, United States, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

Any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in Washington State, and you hereby consent to personal jurisdiction and venue therein.

12. Arbitration

Any dispute arising out of or relating to these Terms or the Service shall be finally settled by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitration shall be conducted in Washington State, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

13. Severability

If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

14. Entire Agreement

These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

15. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms.

16. Contact Information

If you have any questions about these Terms, please contact us at:

• Email: contact@beyondspx.com
• Website: https://beyondspx.com