These Terms of Service (the "Agreement") are an agreement between MD Partners 360 doing business as (“BeyondChai.com”, "Beyond Chai", or "BeyondChai") and you ("Customer," “client” “user”, "you" or "your"). Beyond Chai’s Terms of Service governs our relationship with users and relationships between users who interact with Beyond Chai. By using or accessing Beyond Chai, located at “website,” (the “Site”), you become a user, and agree to, and our bound by, these Terms of Service or “TOS,” for as long as you continue to use the Site. Beyond Chai reserves the right to change or amend the TOS in its sole discretion at any time. Any such changes will be posted on the Site. Your continued use of the site after the changes are made to the TOS constitutes your acceptance of any changes. Beyond Chai is intended and designed for users 18 years of age and older, and access or use by anyone younger is not authorized.
We may change or modify this Agreement at any time. We will post a notice of any significant changes to this Agreement on the Beyond Chai website for at least thirty (30) days after the changes are posted and will indicate at the bottom of this Agreement the date these terms were last revised. Any changes or modifications to this Agreement shall be effective and binding on you as of the date indicated in a notice posted on this page. If no date is specified, your use of the Services after such changes or modifications shall constitute your acceptance of the Agreement as modified. If you do not agree to abide by this Agreement, you are not authorized to use or access the Services.
The Beyond Chai site includes the following pages, without limitation: a classified advertisements page, interactive content and profile pages, a chatting and messaging service page, and matchmaking page.
Terms of Service (TOS) for the Matchmaking Service
Payment and Billing:
- Marital Status: By requesting to use, registering to use, or using the Matchmaking Service, you represent and warrant that you are not married. If you are separated, but not yet legally divorced, you may not request to use, register to use, or use the Matchmaking Service.
- Minimum Age: You must be at least 18 years of age to use or register for the Matchmaking Service. By using the Matchmaking Service, you represent and warrant that you are at least 18 years of age.
- Criminal History: By requesting to use, registering to use, or using the Matchmaking Service, you represent and warrant that you have never been convicted of a felony and/or are not required to register as a sex offender with any government entity. Beyond Chai currently does not perform criminal background checks on its Matchmaking Service members. However, Beyond Chai reserves the right to perform a criminal background check at any time to verify compliance with this provision. By agreeing to these terms, you hereby authorize any such check.
Termination of Services
- Unless otherwise provided, Beyond Chai will automatically bill your payment method on file as follows: (i) up to fifteen (15) days prior to the end of your then current Term for all Services on a one (1) year plan or longer; (ii) up to five (5) days prior to the end of your then current Term for plans of less than one (1) year. You expressly acknowledge, agree, and authorize us to automatically bill the applicable fee and/or charge your credit card or other payment method on file for each Renewal Term, unless you terminate or cancel the Services prior to such charge as provided in this section. All fees are billed in United States Dollars (“USD”) and are subject to change with prior notice to you. We will provide you with at least thirty (30) days’ notice of your renewal pricing before charging you on any annual or longer term plans.
- Beyond Chai is only able to automatically collect payment from customers with credit cards stored on file or active PayPal agreements and/or subscriptions. All other payment methods (e.g. one- time credit card payments, check, money order, PayPal one time payments, etc.) must be initiated manually by you. It is your responsibility to ensure that all fees are paid no later than their due date.
- As a customer of Beyond Chai, it is your responsibility to ensure that all billing information on file with Beyond Chai is accurate, and that any credit card or other automated payment method on file has sufficient funds for processing. You are solely responsible for any and all fees charged to your payment method by the issuer, bank, or financial institution including, but not limited to, membership, overdraft, insufficient funds and over the credit limit fees. Beyond Chai screens all orders for fraud. In certain cases, if your account is flagged for fraud, your order will not be processed. Beyond Chai has no liability for not providing Services, including third party services, if your account fails the fraud screen.
- Any account not paid in full by the end of the Term will be given a seven (7) day grace period. If payment is not made within the seven (7) day grace period, Beyond Chai reserves the right to suspend your Services and to charge a ten dollar ($10) late fee for reinstating the Services. Beyond Chai reserves the right to terminate Services fourteen (14) days following suspension of Services for non-payment.
- Beyond Chai is not responsible for any damages or losses (including of any data) as a result of suspension or termination for non-payment of your account. In addition, Beyond Chai reserves the right to refuse to re-activate your Services until any and all outstanding invoices have been paid in full.
Use of the Matchmaking Service:
- You may terminate the Services by submitting a cancellation request by submitting written request through the “Contact Us” form on https://beyondchai.com/contact-us/
- Cancellations must be requested via the form indicated above at least forty-eight (48) hours or more prior to the Service's renewal date. If a cancellation notice is not received within the required time frame, you will be billed for the next billing term and are responsible for payment as set forth above.
- Beyond Chai may terminate this Agreement at any time without notice. Should Beyond Chai terminate this Agreement for any reason other than a breach of this Agreement or a violation of the Acceptable Use Policy, all prepaid fees will be refunded.
- No Guarantees: BeyondChai is not responsible for any inaccurate or incorrect information that is provided or transmitted by our users, or associated with the Services in any way. We are not responsible for the actions, words, or conduct, whether online, offline or otherwise, by any user of the Services. We are not responsible for any errors or delays in communications between users. We are not responsible for the content of messages, or in-person communications, between users. We are also not responsible for any unauthorized access to the accounts of our users. BeyondChai is not responsible for any damage to users, including but not limited to, loss, damage, personal injury, theft, or death resulting from anyone's use of the Services. We are not responsible for any technical malfunction, failure, or damage to your computer as a result of using or visiting the Website or our Services. As confident as we are in our match-making abilities, Beyond Chai does not guarantee that using the Services will result in a marriage, or engagement and we do not guarantee that using the Services will result in any type of relationship or relationship potential between you and another person or group of people. We guarantee that you will be introduced to eligible singles who meet your individual criteria for a life-partner. We cannot guarantee the information collected during interviews or consultation calls will be accurate. We cannot guarantee what happens after two of you met. Beyond Chai does not guarantee your compatibility, offline or online, with any other users of the site, whether recommended, suggested, or not. Any advice that may be posted on the Website is for entertainment purposes only, and you agree that it is not to be used to substitute for any professional relationship, medical, financial, legal, or other advice.
- No False Information. You will not provide inaccurate, misleading or false information to Beyond Chai or to any other user. If information provided to Beyond Chai or another user subsequently becomes inaccurate, misleading or false, you will promptly notify Beyond Chai of such change.
- Unique and Bona Fide Profile. As a Registered User of the Matchmaking Service, you will create only one unique profile. In addition, your use of the Matchmaking Service must be for bona fide relationship-seeking purposes in order to maintain the integrity of the Matchmaking Service.
WAIVERS OF WARRANTIES
- YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. YOU UNDERSTAND THAT BEYOND CHAI CURRENTLY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS MEMBERS. BEYOND CHAI ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ALL OF ITS MEMBERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS MEMBERS. BEYOND CHAI MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF MEMBERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE MEMBERS. BEYOND CHAI RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES), AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.
- IN NO EVENT SHALL BEYOND CHAI BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE MATCHMAKING SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER REGISTERED USERS OF THIS SITE OR PERSONS YOU MEET THROUGH THIS SITE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER MEMBERS OF THE SITE, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON. YOU UNDERSTAND THAT BEYOND CHAI MAKES NO GUARANTEES, EITHER EXPRESS OR IMPLIED, REGARDING YOUR ULTIMATE COMPATIBILITY WITH INDIVIDUALS YOU MEET THROUGH THE SITE. YOU SHOULD NOT PROVIDE YOUR FINANCIAL INFORMATION (FOR EXAMPLE, YOUR CREDIT CARD OR BANK ACCOUNT INFORMATION) TO OTHER MEMBERS.
1. Use of the Site
You own all of the content and information you post on Beyond Chai. You are also responsible for any content that you post or transmit and, if you create an account, you are responsible for all content posted or transmitted through or by use of your account. In addition:
Prohibited Content: Users may not post or create prohibited content on the Beyond Chai site. Content prohibited by the TOS includes but is not limited to:
- Illegal content;
- Content in facilitation of the creation, advertising, distribution, provision or receipt of illegal goods or services;
- Offensive content (including, without limitation, defamatory, threatening, hateful or pornographic content);
- Content that discloses another's personal, confidential or proprietary information;
- False or fraudulent content (including but not limited to false, fraudulent or misleading responses to user ads transmitted via Beyond Chai);
- Malicious content (including, without limitation, malware or spyware);
- Content that offers, promotes, advertises, or provides links to posting or auto-posting products or services, account creation or auto-creation products or services, flagging or auto-flagging products or services, bulk telephone numbers, or any other product or service that if utilized with respect to Beyond Chai would violate these TOS or Beyond Chai's other legal rights; and
- Content that offers, promotes, advertises or provides links to unsolicited products or services. Other content prohibitions are set forth in guidelines for particular categories or services on Beyond Chai and all such prohibitions are expressly incorporated into these TOS.
- Content advertising Adult Products: ads may not promote the sale or use of adult products or services, including but not limited to toys, videos, publications, live shows, or sexual enhancement products.
- Content advertising Alcohol:Ads that promote or reference alcohol are prohibited on Beyond Chai.
- Content including ads for adult friend finders or dating sites with a sexual emphasis are not permitted.
- Content promoting or facilitating the sale or consumption of illegal or recreational drugs, tobacco products, or drug or tobacco paraphernalia.
- Content promoting or facilitating online gambling, games of skill or lotteries, including online casino, sports books, bingo, or poker is not permitted.
2. Non-Discrimination Policy
User's ad text may not assert or imply, directly or indirectly, within the ad content or by targeting, a user's personal characteristics within the following categories:
- race or ethnic origin
- religion or philosophical belief
- sexual orientation or sexual life;
- gender identity;
- disability or medical condition (including physical or mental health)
- financial status or information;
- membership in a trade union; and
- criminal record.
3. Compliance with laws and statutes
Users agree to only use the Site in a manner consistent with this TOS and any and all applicable local, state, national, and international laws and regulations, including, but not limited to, United States export control laws. By using the Site, you represent and warrant that you have not been designated by the U.S. Government as a “Specially Designated National” or other person to whom the provisions of the Site are prohibited. Software from this Website (the “Software”) is further subject to United States export controls. No Software may be downloaded from the Website or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
4. IP Content
For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Beyond Chai (IP License). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
5. Risk Assumption and Precautions
You assume all risk when using Beyond Chai, including but not limited to all the risks associated with any online or outside interactions with other users.
6. Deleting Content:
When you delete content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
7. Monitoring Content
- Beyond Chai reserves the right, but has no obligation, to monitor the information or material you submit to the Site or post in the public areas of the Site. Beyond Chai has the right to remove any such information or material that in its sole opinion violates, or may violate, any applicable law or either the letter or spirit of this TOS or upon the request of any third party.
- Although Beyond Chai Representatives may moderate content on Beyond Chai at Beyond Chai’s discretion, Beyond Chai officials have no authority to make binding commitments, promises or representations to anyone that they or anyone else on behalf of Beyond Chai will resolve any alleged problem or complaint, or that they or anyone else on behalf of Beyond Chai will otherwise stop, cure or prevent any problem, content, or conduct from occurring or recurring. Accordingly, you further agree that any representation by any Beyond Chai official (or by anyone else acting on behalf of Beyond Chai or by anyone purportedly acting on behalf of Beyond Chai) that Beyond Chai would or would not prevent, restrict, redress or regulate any content or conduct or to implement other enforcement measures against any content or conduct is superseded by this provision and is nonbinding and unenforceable. Specifically, you agree that Beyond Chai, Beyond Chai Representatives and anyone else authorized to act on behalf of Beyond Chai shall in no circumstance be liable as a result of any representation that Beyond Chai, a Beyond Chai Representative or anyone else on behalf of Beyond Chai would or would not restrict or redress any content or conduct. This paragraph may not be modified, waived or released except by a written agreement, dated and signed by Beyond Chai's Chief Executive Officer and dated and signed by the individual or entity to whom the modification, waiver or release is granted.
- Beyond Chai also has the right in its sole discretion to limit, modify, interrupt, suspend or discontinue all or any portions of Beyond Chai at any time without notice. Beyond Chai and Beyond Chai Representatives shall not be liable for any such limitations, modifications, interruptions, suspensions or discontinuance, or any purported losses, harm or damages arising from or related thereto.
- Flagging: A user shall not "flag" (or otherwise seek removal of) content on Beyond Chai without a personal, good-faith belief that the content violates the TOS. A user may flag content only on his/her own behalf and may only flag a specific item of content once. A user must not permit, enable, induce or encourage others to flag content for them. A user flagging content must do so manually and may not employ any automated means, products or services to flag content. A user must not circumvent any technological restrictions (security measures) in the flagging process. Without limitation, this prohibition includes a ban on the use of multiple IP addresses for flagging.
8. Use of Social Media Sites
9. Proprietary Rights
1. License to Posted or Accessed Content. By posting information or content to any profile pages or public area of the Site, or making it accessible to us by linking your Beyond Chai account to any of your social network accounts (e.g. via Facebook Connect), you automatically grant, and you represent and warrant that you have the right to grant, to Beyond Chai and its users, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, reproduce, publicly perform, publicly display and distribute such information and content, and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing.
2. Disclosure By Law. You acknowledge and agree that Beyond Chai may disclose information you provide if required to do so by law, at the request of a third party, or if we, in our sole discretion, believe that disclosure is reasonable to (1) comply with the law, requests or orders from law enforcement, or any legal process (whether or not such disclosure is required by applicable law); (2) protect or defend Beyond Chai’s, or a third party's, rights or property; or (3) protect someone's health or safety, such as when harm or violence against any person (including the user) is threatened.
10. Links to Third-Party Web Sites /Advertisers and Sponsors.
The Site may contain links to web sites of third-parties, including without limitation, advertisers, which are not under the control of Beyond Chai, and Beyond Chai is not responsible for the content of any linked site or any link contained in a linked site, or any changes or updates to such web sites. Beyond Chai provides these links to you only as a convenience, and the inclusion of any link does not imply that Beyond Chai endorses or accepts any responsibility for the content on such third-party web site. Your correspondence or business dealings with, or participation in promotions of, advertisers or sweepstakes sponsors found on or through the Site (including payment and delivery of related goods or services, any personal information or opt-in contact information voluntarily given to advertisers and sweepstake sponsors, and any other terms, conditions, warranties or representations associated with such dealings) are solely between you and such advertiser or sweepstakes sponsor. You agree that Beyond Chai will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, including the sharing of the information you supply to Beyond Chai with advertisers or sweepstakes sponsors, or as the result of the presence of such advertisers on the Site.
11. Liability for users or user conduct
Beyond Chai does not control, is not responsible for and makes no representations or warranties with respect to any user or user conduct. You are solely responsible for your interaction with or reliance on any user or user conduct. You must perform any necessary, appropriate, prudent or judicious investigation, inquiry, research and due diligence with respect to any user or user conduct.
You are also responsible for your own conduct and activities on, through or related to Beyond Chai, and, if you create an account on Beyond Chai, you are responsible for all conduct or activities on, through or by use of your account.
You agree to indemnify and hold Beyond Chai and Beyond Chai Representatives harmless from and against any third-party claim, cause of action, demand or damages related to or arising out of your own conduct or activities on, through or related to Beyond Chai or Beyond Chai, and related to or arising out of any conduct or activities on, through or by use of your Beyond Chai account, if any. This indemnification obligation includes payment of any attorneys' fees and costs incurred by Beyond Chai or Beyond Chai Representatives.
12. USER COMMUNICATIONS, TRANSACTIONS, INTERACTIONS, DISPUTES AND RELATIONS
Beyond Chai and Beyond Chai Representatives are not parties to, have no involvement or interest in, make no representations or warranties as to, and have no responsibility or liability with respect to any communications, transactions, interactions, disputes or any relations whatsoever between you and any other user, person or organization ("your interactions with others"). You must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, research or due diligence with respect to your interactions with others.
You agree to indemnify and hold Beyond Chai and Beyond Chai Representatives harmless from and against any third-party claim, cause of action, demand or damages related to or arising out of: (a) content that you post or transmit (including but not limited to content that a third-party deems defamatory or otherwise harmful or offensive); (b) activity that occurs through or by use of your account (including, without limitation, all content posted or transmitted); (c) your use of or reliance on any user content; and (d) your violation of the TOS. This indemnification obligation includes payment of any attorneys' fees and costs incurred by Beyond Chai or Beyond Chai Representatives.
13. Registration and Account Security
In order to keep Beyond Chai safe, we need you to agree to the following in regard to registering and maintaining the security of your account:
- You will not provide any false personal information on Beyond Chai, or create an account for anyone other than yourself without permission.
- You will not create more than one account, including a telephone or phone-verified account ("PVA"), to post content. A user specifically may not create or use additional accounts for the purpose of circumventing technological restrictions (security measures) in the posting process or otherwise for posting content in violation of the TOS.
- The purchase and sale of accounts is expressly prohibited.
- If we disable your account, you will not create another one without our permission.
- You will not use Beyond Chai if you are under 18.
- You will not use Beyond Chai if you are a convicted sex offender.
- You will keep your contact information accurate and up-to-date.
- You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
- You will not transfer your account to anyone without first getting our written permission.
- If you select a username or similar identifier for your account or profile, we reserve the right to remove or reclaim it if we believe it is appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).
14. Postings on Classified Advertisement Site
The same or substantially similar content may not be posted in more than one Beyond Chai category. A user may post content only in the single Beyond Chai category to which it is most relevant, and must not post content to inappropriate categories.
2. A user may post the same or substantially similar content no more than once every 48 hours.
3. Users may not circumvent any technological measure implemented by Beyond Chai to restrict the manner in which content may be posted on Beyond Chai or to regulate the manner in which content (including but not limited to email) may be transmitted to other users. This prohibition includes, without limitation, a ban on the use of multiple email addresses (created via an email address generator or otherwise); the use of multiple IP addresses (via proxy servers, modem toggling, or otherwise); CAPTCHA circumvention, automation or outsourcing; multiple and/or fraudulent Beyond Chai accounts, including phone-verified accounts; URL shortening, obfuscation or redirection; use of multiple phone lines or phone forwarding for verification; and content obfuscation via HTML techniques, printing text on images, inserting random text or content "spinning."
4. It is expressly prohibited to post content to Beyond Chai using any automated means. Users must post all content personally and manually through all steps of the posting process. It is also expressly prohibited for any user to develop, offer, market, sell, distribute or provide an automated means to perform any step of the posting process (in whole or in part). Any user who develops, offers, markets, sells, distributes or provides an automated means to perform any step of the posting process (in whole or in part) shall be responsible and liable to Beyond Chai for each instance of access to Beyond Chai (by any user or other third party) using that automated means.
5. Affiliate marketing is expressly prohibited on Beyond Chai. Users may not post content or communicate with any Beyond Chai user for purposes of affiliate marketing or in connection with any affiliate marketing system, scheme or program in any manner or under any circumstance.
15. OTHER FEES
- Beyond Chai may charge a fee to post content or for other features, products, services or licenses. You are responsible to Beyond Chai for any fees applicable to content that you post or other features, products, services or licenses you purchase or that are purchased through your account. You authorize Beyond Chai, or its designated payment processor, to charge your specified credit card, debit card or other payment method for such fees.
- Unless otherwise specified, all fees are in United States dollars and all charges will be made in United States dollars. Any applicable sales or other taxes are additional to the stated fee. Currency exchange settlements and foreign transaction fees are based on your agreement with your credit card or other payment method provider.
- Except as required by law, all fees are nonrefundable, including, without limitation, in situations where paid posts are removed by Beyond Chai or by community flagging. Payments and purchases may not be canceled by the user, except as required by law. However, Beyond Chai reserves the right to refuse or terminate any purchase or attempted purchase at any time in its sole discretion. You understand and agree that if you authorize a payment transaction with your credit card, debit card or other payment method, but your charge is rejected for any reason, there may be a hold on your use of that transaction amount for several days.
- You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to this TOS or Beyond Chai exclusively in a state or federal court located in Montgomery County, Maryland. The laws of the State of Maryland will govern this TOS, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Montgomery County, Maryland for the purpose of litigating all such claims.
- If anyone brings a claim against us related to your actions, content or information on Beyond Chai, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users' actions on Beyond Chai and are not responsible for the content or information users transmit or share on Beyond Chai. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on Beyond Chai. We are not responsible for the conduct, whether online or offline, or any user of Beyond Chai.
17. LIMITATIONS OF LIABILITY
BEYOND CHAI AND THE BEYOND CHAI REPRESENTATIVES SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY ACCESS TO, USE OF OR RELIANCE ON BEYOND CHAI OR CONTENT ACCESSED THROUGH BEYOND CHAI BY YOU OR ANYONE ELSE, OR FOR ANY TRANSACTIONS, COMMUNICATIONS, INTERACTIONS, DISPUTES OR RELATIONS BETWEEN YOU AND ANY OTHER PERSON OR ORGANIZATION ARISING OUT OF OR RELATED TO BEYOND CHAI OR CONTENT ACCESSED THROUGH BEYOND CHAI, INCLUDING BUT NOT LIMITED TO LIABILITY FOR INJUNCTIVE RELIEF AS WELL AS FOR ANY HARM, INJURY, LOSS OR DAMAGES OF ANY KIND INCURRED BY YOU OR ANYONE ELSE (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, STATUTORY, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF BEYOND CHAI OR ANY BEYOND CHAI REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF, BUT IS NOT RESTRICTED TO, WHETHER THE ALLEGED LIABILITY, HARM, INJURY, LOSS OR DAMAGES AROSE FROM AUTHORIZED OR UNAUTHORIZED ACCESS TO OR USE OF BEYOND CHAI OR CONTENT ACCESSED THROUGH BEYOND CHAI; ANY INABILITY TO ACCESS OR USE BEYOND CHAI OR CONTENT ACCESSED THROUGH BEYOND CHAI; OR ANY REMOVAL, DELETION, LIMITATION, MODIFICATION, INTERRUPTION, SUSPENSION, DISCONTINUANCE OR TERMINATION OF BEYOND CHAI OR CONTENT ACCESSED THROUGH BEYOND CHAI.
THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES RESULTING FROM ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, GOODS OR SERVICES PROMISED OR EXCHANGED, INFORMATION OR ADVICE OFFERED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS, COMMUNICATIONS OR RELATIONS THROUGH, RELATED TO OR AS A RESULT OF BEYOND CHAI OR CONTENT ACCESSED THROUGH BEYOND CHAI (INCLUDING, WITHOUT LIMITATION, ANY LINKS ON BEYOND CHAI AND LINKS IN CONTENT ACCESSED THROUGH BEYOND CHAI).
You hereby release Beyond Chai and each of the Beyond Chai Representatives, and their respective subsidiaries, affiliates, successors, predecessors, assigns, heirs, service providers and suppliers, from all claims, demands and damages of every kind and nature, known and unknown, direct and indirect, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to Beyond Chai or content accessed through Beyond Chai, or any interactions with others arising out of or related to Beyond Chai or content accessed through Beyond Chai.
18. NOTIFICATION OF CLAIMS OF INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement or that your intellectual property rights (including trademark rights) have been otherwise violated, please contact Beyond Chai directly.
19. INJUNCTIVE RELIEF
You acknowledge and agree that any violation or breach of the TOS may cause Beyond Chai immediate and irreparable harm and damages; consequently, notwithstanding any other provision of the TOS or other applicable legal requirements, Beyond Chai has the right to, and may in its discretion, immediately obtain preliminary injunctive relief (including, without limitation, temporary restraining orders) and seek permanent injunctive relief regarding any violation or breach of the TOS. In addition to any and all other remedies available to Beyond Chai in law or in equity, Beyond Chai may seek specific performance of any term in the TOS, including but not limited to by preliminary or permanent injunction.
In addition to any injunctive relief, you agree to pay to Beyond Chai the total amount of all actual damages (including but not limited to direct, indirect, consequential and incidental damages) caused by any violation of the TOS for which you bear responsibility; EXCEPT you acknowledge that, for certain TOS violations, actual damages would be extremely difficult or impossible to quantify.
- This TOS makes up the entire agreement between the parties regarding Beyond Chai, and supersedes any prior agreements.
- If any portion of this TOS is found to be unenforceable, the remaining portion will remain in full force and effect.
- If we fail to enforce any of this TOS, it will not be considered a waiver.
- Any amendment to or waiver of this TOS must be made in writing and signed by us.
- You will not transfer any of your rights or obligations under this TOS to anyone else without our consent.
- All of our rights and obligations under this TOS are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
- Nothing in this TOS shall prevent us from complying with the law.
- This TOS does not confer any third party beneficiary rights.
- We reserve all rights not expressly granted to you.
- You will comply with all applicable laws when using or accessing Beyond Chai.