Last updated: January 1, 2023
Please read these terms and conditions carefully before using this website operated by Beyond Raw® (“us”, “we”, “our”). Your access to and use of the website is conditioned on your acceptance of and compliance with these terms. These terms apply to all visitors, users and others who access or use the website.
By accessing or using the website you agree to be bound by these terms. If you disagree with any part of the terms then you may not access or use the website.
Intellectual Property
The website and its original content, features and functionality are owned by Beyond Raw® and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the website content, in whole or in part, except as follows:
- Your own user content that you legally post on the website.
- With prior written permission from Beyond Raw®.
- As permitted in these terms or under relevant laws and regulations.
The trademarks, logos, and service marks displayed on the website are registered and unregistered trademarks of Beyond Raw®. Nothing on the website should be interpreted as granting any license or right to use any trademark without our express written permission.
User Content
We may allow you to post, link, store, share and otherwise make available content like text, graphics, videos, etc. (“User Content”) on the website. You are solely responsible for your User Content. You represent and warrant that:
- You own or have the necessary licenses and rights to your User Content and everything in it.
- Your User Content does not violate any copyright, trademark, patent or other proprietary rights of any third party.
- Your User Content does not contain any viruses, adware, spyware, worms, bombs, or other harmful or malicious code.
You grant us a non-exclusive, royalty-free, worldwide, perpetual and irrevocable license to use, copy, transmit, etc. your User Content on the website in any manner.
We have the right to remove any User Content from the website for any reason at our discretion. We may monitor, edit or remove Content in our sole discretion.
User Conduct
Your use of the website should be for lawful purposes only. You agree that you will NOT:
- Use the website to violate any applicable local, state, national, or international law or regulation.
- Decipher, decompile, disassemble or reverse engineer any of the software comprising the website.
- Access or use the website to design, modify, adapt, translate or create derivative works of the website content.
- Resell, lease, lend, transfer, sublicense or otherwise provide access to the website to any other party.
- Impersonate any person or entity or misrepresent your affiliation with any third party.
- Engage in any other conduct that restricts anyone else from properly using the website, or that may expose us or our users to harm or liability of any type.
- Use any data mining, bots, scrapers, spiders or similar data gathering or extraction methods in connection with the website.
- Use the website to transmit or otherwise distribute any unsolicited advertising, “spam”, phishing materials or other harmful or nuisance materials.
Any violation of these provisions may result in immediate termination of your account without notice, along with civil or criminal penalties if applicable.
Purchases and Payments
You are responsible for all charges incurred under your account for purchase of our products/services. This includes applicable taxes.
We may require a form of payment to be provided with your order. We accept payment methods like credit cards and digital wallets. Third party terms and fees may apply for payments. You must only use payment methods you are authorized to use.
All listed prices and charges are payable in advance and are final. Errors or mistakes in pricing may occur, and we reserve the right to decline any order due to pricing errors.
Refunds for incorrectly charged orders will be issued upon request.
Free Trials
We may offer free trials of our products/services. Free trials allow you to evaluate the product/service during the trial term. Paid subscriptions begin only after the free trial term expires.
You can cancel your subscription anytime during the free trial term and not be charged. To avoid being charged, cancel before the free trial term expires.
Termination
We reserve the right to refuse service, and terminate and disable your account for any reason at our discretion, including for violation of these terms, suspected illegal activity or fraud, nonpayment, security risks, abuse, or harm caused by your use of our services.
You can delete your account by contacting us. Deletion may involve removal of public content you have created. Certain data like past transactions may be retained where necessary for legal reasons.
Cancellations or refunds are handled as specified in the relevant terms for that product/service.
Disclaimer of Warranties
Your use of the website is at your own risk. The website including all content and functionality is provided “as is”, without warranties of any kind.
To the maximum extent permitted under law, we disclaim all representations and warranties express or implied, related to the website and your use of it. This includes implied warranties of merchantability, fitness for a particular purpose and non-infringement.
We make no representations or warranties about the accuracy, reliability, completeness or timeliness of any content available on the website. We do not warrant that the website or services will meet your needs or that the website will operate without errors or viruses.
Limitation of Liability
Our liability related to the website and your use of it is limited to the maximum extent by applicable law. Under no circumstances shall we be liable for any incidental, indirect, consequential, special or punitive damages arising out of your access, use or inability to access or use the website and its content.
Total liability under any legal theory related to the website shall not exceed the total fees received from you in the past year, or $100 if no fees were paid.
Indemnification
You agree to fully indemnify, defend and hold us harmless from any claims, damages, losses, liabilities, costs or expenses (including reasonable fees of attorneys and other professionals) arising from your use of the website and its content; your violation of these terms; infringement any third party rights; or any unlawful behavior or negligence by you or people you have authorized.
We reserve the right to assume exclusive defense and control of any such damage or injury claims arising from your use or conduct. You must fully cooperate with us in asserting available defenses.
Privacy
Use of the website is also governed by our Privacy Policy. Please review the Privacy Policy which explains how we collect, use and disclose information about you.
Modifications to Terms
We reserve the right to modify or revise these terms by posting an updated version of the terms on the website. The modified terms will be effective upon posting. Continued use of the website indicates acceptance of the revised terms.
Governing Law
These terms shall be governed as follows:
For European Union (EU) users: by the laws of the European Economic Area (EEA). Courts in an EU member state will have jurisdiction over any related disputes.
For United States users: by the laws of the state of Ohio. Ohio state or federal courts will have jurisdiction over disputes arising from or related to these terms or your use of the website.
For all other users: by the laws of the state of Ohio, excluding conflict of laws rules. Ohio courts will have jurisdiction over disputes arising from or related to these terms and your use of the website.
Entire Agreement
The terms constitute the entire agreement between you and Beyond Raw® related to your access and use of the website. They supersede any prior agreements or understandings.
Contact Us
Please feel free to reach out with any questions or concerns regarding these terms. You may contact us at:
Email: [email protected]
Phone: 800-123-4567
Address: Beyond Raw® Legal Department, 1234 Protein Shake Ave, Muscleville OH 12345
