Terms of Use
These Terms of Use, including any terms and conditions incorporated by reference (“Terms” or “Agreement”) constitute a binding agreement between you and TRM Labs, Inc. and its affiliates) (collectively “TRM Labs”, “we”) when you access the Beacon Network website we offer, including [Insert Website Here] (“Beacon Network Website”), and any features, functions, services, products, materials or other information made available through the Beacon Network Website (“Beacon Network Services”). The Privacy Policy posted at Beacon Network.com also forms part of these Terms.
BY USING THE BEACON NETWORK SERVICES, YOU: (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE OF LEGAL AGE IN YOUR JURISDICTION TO ENTER INTO A BINDING AGREEMENT AND IN NO EVENT YOUNGER THAN 18 YEARS OF AGE; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST DISCONTINUE YOUR ACCESS TO AND USE OF THE Beacon Network SERVICES.
THIS AGREEMENT CONTAINS AN ARBITRATION PROVISION. PLEASE REVIEW THE ARBITRATION PROVISION CAREFULLY, SINCE IT AFFECTS YOUR RIGHTS. BY USING THE Beacon Network WEBSITE, YOU UNDERSTAND AND AGREE TO BE BOUND BY THE ARBITRATION PROVISION.
Intellectual Property
We (and/or our licensors or suppliers, as applicable) are the owner or the licensee of all intellectual property rights in the Beacon Network Website and the Beacon Network Services and in the material published on the Beacon Network Website including all derivative works, translations, adaptations or variations, regardless of the medium, format or form, now known or hereinafter developed or discovered, and regardless of where produced, and all intellectual property rights therein (all of the foregoing, individually and collectively, the “Beacon Network Content”). All such rights in the Beacon Network Content are reserved by us. You are hereby granted a limited license (without the right to sublicense) to access and use the Beacon Network Content solely for your legitimate internal business use. Nothing in these Terms shall be interpreted as granting any license of intellectual property rights to you other than as explicitly set forth in these Terms.
The trademarks, service marks, trade names and logos, and any third-party marks used and displayed through the Beacon Network Services are trademarks of TRM Labs, its licensors, affiliates or sponsors, and may not be used by you other than to factually describe our Beacon Network Services.
The animations, page headers, custom graphics, button icons, style sheets and scripts that contribute to the “look and feel” of the Beacon Network Website are service marks, trademarks and/or trade dress of TRM Labs and may not be copied, imitated or used, in whole or in part, in connection with any product or service that is not expressly authorized by TRM Labs in writing, in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits us.
If you believe information on the Beacon Network Website is in violation of a copyright you hold, please contact us directly at the email listed at the end of these Terms setting forth the basis of your claim. Any confirmed infringing material will be removed as soon as possible.
Subject to the rights described in the Beacon Network Privacy Policy, you grant to TRM Labs a perpetual, irrevocable, non-transferable, worldwide license to utilize any information that you choose to report on the Beacon Network Website or through the Beacon Network Services at its discretion for its legitimate business purposes, including through TRM Labs’ other products and services.
You may choose to submit comments, bug reports, ideas or other feedback about the Beacon Network Website, including, without limitation, about how to improve the Beacon Network Services through the email address provided at the end of these Terms (collectively, “Feedback”). By submitting any Feedback, you agree that we are free to use such Feedback at our discretion and without additional compensation to you, and to disclose such Feedback to third parties (whether on a non-confidential basis, or otherwise). You hereby grant us a perpetual, irrevocable, nonexclusive, worldwide license under all rights necessary for us to incorporate and use your Feedback for any purpose.
Third-Party Sites
We may provide links to content on external web sites that are not controlled by, or associated with TRM Labs (“Third-Party Sites”). We are not responsible for any of the content or information contained on Third-Party Sites, and our linking to such Third-Party Sites does not mean we endorse such sites. You acknowledge and agree that you access any Third-Party Site at your own risk, and you expressly release TRM Labs from any liability, loss, or damage of any nature arising from your use of any Third-Party Site. Any information you share with or actions you take on Third-Party Sites are governed by the applicable Third-Party Sites’ terms of use and privacy policy, which you should review carefully.
Privacy Policy
We may collect personal information in connection with the Beacon Network Services. Please see our Privacy Policy for more information here. By voluntarily providing your contact information (e.g., name, email address) to the Beacon Network in connection with any report or data (including but not limited to a Trusted Community Complaint), you agree that the Beacon Network may provide that contact information to Third Parties or Third Party Sites for legitimate business purposes.
Disclaimer of Warranties
TRM LABS MAKES NO WARRANTY, EXPRESS OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THE Beacon Network WEBSITE OR THE BEACON NETWORK SERVICES, INCLUDING ANY WARRANTIES WITH RESPECT TO TITLE, NON-INFRINGEMENT, TECHNICAL OPERATION, ACCURACY OR PERFORMANCE, DESCRIPTION, OR ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, EACH OF WHICH IS SPECIFICALLY DISCLAIMED. THE TRM LABS WEBSITE AND THE TRM LABS SERVICES ARE EACH PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND. EXCEPT AS IS REQUIRED BY LOCAL LAW, ANY WARRANTY OF ANY KIND IS EXCLUDED BY THIS SECTION.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, INCOME OR PROFITS, USE, DATA OR OTHER INTANGIBLE LOSS (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR ARISING OUT OF, OR ANY WAY RELATED TO THESE TERMS, YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO USE OR ACCESS, THE BEACON NETWORK SERVICES OR Beacon Network WEBSITE, OR THE MANNER IN WHICH YOU USE INFORMATION OR DATA YOU RECEIVE FROM THE Beacon Network SERVICES OR BEACON NETWORK WEBSITE REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR ANY OTHER LEGAL OR EQUITABLE THEORY.
Indemnification
You agree to indemnify and hold TRM Labs and its directors, officers, employees, service providers, licensors, sponsors, suppliers and agents (“Indemnified Parties”) harmless against all liabilities, losses, damages, claims, expenses and costs (including reasonable attorneys’ fees) that any of the Indemnified Parties may incur arising out of or related to your use of (or linking to) the Beacon Network Website, Beacon Network Services or Third-Party Sites in violation of these Terms, your violation of applicable laws, rules or regulations, or your violation of any third party’s intellectual property rights or other proprietary rights. We reserve the right to assume the exclusive defense and control of the defense or settlement of any such claims for which we are entitled to indemnification. You agree to provide us with all cooperation we reasonably request.
Your Warranties
You agree that you are responsible for your own conduct while accessing or using the Beacon Network Website and Beacon Network Services, and for any consequences thereof. You agree to use the Beacon Network Website and Beacon Network Services only for purposes that are legal, proper and in accordance with these Terms and any applicable laws, rules or regulations. You represent and warrant that your use of the Beacon Network Website and Beacon Network Services will not, in any manner, involve posting or otherwise making available any content: (i) that contains hate-related or violent, defamatory, ethnically or racially offensive material, or is otherwise harmful, obscene, offensive, sexually explicit or vulgar; (ii) that contains any material that violates or encourages conduct that would violate any applicable laws, rules or regulations, or third-party rights; (iii) that contains any commercial materials meant to advertise or promote any third party business or activity; or (iv) that abuses, harasses, or threatens another user of the Beacon Network Website or Beacon Network Services or any of our directors, officers, or employees. You further represent and warrant that you have full right and authority to grant all rights under these terms to the information you may report through the Beacon Network Website or Beacon Network Services without the consent of any third party.
Release
To the maximum extent permitted by applicable law, you hereby release and waive all claims against TRM Labs and its Affiliates, licensors, and suppliers, and each of their respective directors, officers, agents, contractors, partners, advisors, employees, licensors, and suppliers from any and all liability for claims, damages (actual and consequential), costs and expenses (including litigation costs and attorneys’ fees) of every kind and nature, arising out of or in any way connected with your use of the Beacon Network Website or Beacon Network Services.
Disputes; Governing Law; Choice Of Forum
To the extent that you do have any claims against TRM Labs, you agree that: (i) any and all disputes, claims and causes of action against TRM Labs arising out of or connected with your use of the Beacon Network Services shall be resolved individually, without resort to any form of class action; and (ii) any and all claims, judgments and awards shall be limited to actual damages and out-of-pocket costs incurred, but shall in no event include attorneys’ fees.
YOU ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration under the rules of the American Arbitration Association in effect at the time of the arbitration, except as they may be modified herein. The number of arbitrators shall be one, and such arbitrator shall be selected by TRM Labs. The seat, or legal place, of arbitration shall be San Francisco, California. The language to be used in the arbitral proceedings shall be English. The governing law of the Terms shall be the substantive laws of the State of California, applicable to contracts made, executed and wholly performed in that State. A printed version of these Terms and of any notice given in electronic form shall be admissible in arbitral proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The arbitration award shall be final and binding on the parties. The parties undertake to carry out any award without delay and waive their right to any form of recourse insofar as such waiver can validly be made. Judgment upon the award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets. You and TRM Labs shall be responsible for their respective attorneys’ fees and expenses.
Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Beacon Network Services or these Terms must be filed within one (1) year after such claim or cause of action arose or will be forever barred.
You have been made aware of, and understand, the provisions of California Civil Code Section 1542 ("Section 1542"), which provides: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY." You expressly, knowingly and intentionally waive any and all rights, benefits and protections of Section 1542 and of any other state or federal statute or common law principle limiting the scope of a general release.
Miscellaneous
If any provision of these Terms is found to be invalid, unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
No waiver by TRM Labs of any breach or default by you under these Terms shall be deemed to be a waiver of any preceding or subsequent breach or default. Any waiver by TRM Labs must be in writing signed by TRM Labs.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of TRM Labs. These Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. No provision of these Terms provides any person or entity not a party to these Terms with any remedy, claim, liability, reimbursement or cause of action, or creates any other third-party beneficiary rights.
In the future, we may change these Terms. If we decide to change these Terms, the effective date will be posted so that you will always know what terms of use apply when you use the Beacon Network Website or Beacon Network Services.
