BEAM Minerals operates this website (the “Site”) to provide online product purchasing and access to information about BEAM Minerals products we provide (the “Service”). By accessing and using this Site, you agree to each of the terms and conditions set forth herein (“Terms of Use”). Additional terms and conditions applicable to specific areas of this Site or to particular content or transactions are also posted in particular areas of the Site and, together with these Terms of Use, govern your use of those areas, content or transactions. These Terms of Use, together with applicable additional terms and conditions, are referred to herein as the “Agreement.”
BEAM Minerals reserves the right to modify this Agreement at any time without giving you prior notice. Your use of the Site following any such modification constitutes your agreement to follow and be bound by the Agreement as modified. The last date these Terms of Use were revised is set forth below.
1. Use of Site
You may use the Service, the Site, and the information, writings, images and/or other works that you see, hear or otherwise experience on the Site (singly or collectively, the “Content”) solely for your non-commercial, personal purposes and/or to learn about BEAM Minerals Products. No right, title or interest in any Content is transferred to you, whether as a result of
downloading such Content or otherwise. BEAM Minerals reserves complete title and full intellectual property rights in all Content. Except as expressly authorized by this Agreement, you may not use, alter, copy, distribute, transmit, or derive another work from any Content obtained from the Site or the Service, except as expressly permitted by the Terms of Use.
2. Copyright
The Site and the Content are protected by U.S. and/or foreign copyright laws, and belong to BEAM Minerals or its partners, affiliates, contributors or third parties. The copyrights in the Content are owned by BEAM Minerals or other copyright owners who have authorized their use on the Site. You may download and reprint Content for non-commercial, non-public, personal use only. Any such download and/or reprinting may be subject to additional restrictions, for example information from password restricted areas. You may not manipulate or alter in any way images or other Content on the Site.
3. Trademarks
You are prohibited from using any of the marks or logos appearing throughout the Site without permission from the trademark owner, except as permitted by applicable law.
4. Links to Third-Party Web Sites
Links on the Site to third party web sites or information are provided solely as a convenience to you. If you use these links, you will leave the Site. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by BEAM Minerals of the third-party, the third-party web site, or the information contained therein. BEAM Minerals is not responsible for the availability of any such web sites. BEAM Minerals is not responsible or liable for any such web site or the content thereon. If you use the links to the web sites of BEAM Minerals affiliates or service providers, you will leave the Site, and will be subject to the terms of use and privacy policy applicable to those web sites.
5. Downloading Files
BEAM Minerals cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection by software viruses or other harmful computer code, files or programs.
6. Disclaimer of Warranties
BEAM MINERALS MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE, THE SERVICE OR THE CONTENT. BEAM MINERALS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SITE, THE SERVICE, THE CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA THE SITE. BEAM MINERALS DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT EFECTS IN THE SITE OR THE SERVICE WILL BE CORRECTED. BEAM MINERALS DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE, THE SERVICE AND THE
CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
7. Limitation of Liability
IN NO EVENT WILL BEAM MINERALS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THE SITE, THE SERVICE, OR THE CONTENT, (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, THE SERVICE AND/OR THE CONTENT, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (V) ANY OTHER MATTER RELATING TO THE SITE, THE SERVICE, OR THE CONTENT, EVEN IF BEAM MINERALS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, THE SERVICE, THE CONTENT, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE
REMEDY IS TO DISCONTINUE USING THE SITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, BEAM MINERALS’ LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT,
EXCEED $100.00.
8. Indemnification
You understand and agree that you are personally responsible for your behavior on the Site. You agree to indemnify, defend and hold harmless BEAM Minerals, its parent companies, subsidiaries, affiliated companies, joint ventures, business partners, licensors, employees, agents, and any third-party information providers to the Service from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the Site, the Service, or the Content, or any violation by you of this Agreement.
9. Privacy
BEAM Minerals’ Privacy Policy is available from the website footer. The Privacy Policy is incorporated herein by reference.
10. User Conduct You agree to use the Site only for lawful purposes. You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or the Content. You agree not to add to, subtract from, or otherwise modify the Content, or to attempt to access any Content that is not intended for you. You
agree not to use the Site in any manner that might interfere with the rights of third parties.
11. Unsolicited Idea Submission Policy
BEAM Minerals does welcome feedback regarding many areas of BEAM Minerals’ existing businesses that will help satisfy customer’s needs, and feedback can be provided through the contact areas on the Site. Any feedback or ideas that you provide shall be deemed an unsolicited User Submission and you agree that (1) your idea will automatically become the property of BEAM Minerals™, without any compensation to you; (2) BEAM Minerals will have no obligation to return your idea to you or respond to you in any way; (3) BEAM Minerals will have no obligation to keep your idea confidential; and (4) BEAM Minerals may use your idea
for any purpose whatsoever, including giving your idea to others.
12. User Supplied Information
You agree that any material, information, or data you transmit to us or post to the Site (each a “Submission” or collectively “Submissions”) will be considered non confidential and non-proprietary. For all Submissions, (1) you guarantee to us that you have the legal right to post the Submission and that it will not violate any law or the rights of any person or entity, and (2) you give BEAM Minerals the royalty-free, irrevocable, perpetual, worldwide right to use, distribute, display and create derivative works from the Submission, in any and all media, in any manner, in whole or in part, without any restriction or responsibilities to you.
13. Password Security
If you create a user profile on this website, you are responsible for maintaining the confidentiality of your identification and password information, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your identification and password.
14. General Provisions
a. Entire Agreement/No Waiver. These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by BEAM Minerals of any breach or default hereunder shall be deemed to be a waiver of any preceding or
subsequent breach or default.
b. Correction of Errors and Inaccuracies. The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. BEAM Minerals therefore reserves the right to correct any errors, inaccuracies or omissions and to
change or update the Content at any time without prior notice. BEAM Minerals does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.
c. Enforcement/ Choice of Law/ Choice of Forum. If any part of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of this Agreement, all of which will remain in full force and effect. Any and all disputes relating to this Agreement, BEAM Minerals’ Privacy Policy, your use of the Site, or the Content are governed by, and will be interpreted in accordance with, the laws of the State of Oregon, without regard to any conflict of laws or provisions. Any dispute arising here from shall be heard exclusively in Multnomah County, Oregon.
Effective Date: September 10, 2020