Terms & Conditions
By subscribing to bearchive.com and/or bestoryclub.com, you become a Subscriber and agree to be bound by all the terms and conditions set forth in this agreement (the "Agreement"). The parties to this Agreement are you, the Subscriber, and GeoDesign, Inc. ("Company"). This Agreement is subject to change by Company at any time, and changes are effective immediately. Posting changes on our websites, located at http://www.bearchive.com and http://www.bestoryclub.com shall constitute proper notice to the Subscriber.
You must be eighteen (18) years of age or older (21 in some areas) to receive a membership. All subscriptions are automatically renewed for convenience, unless the membership is canceled at least seven (7) days prior to the renewal date. Members may cancel themselves at any time after the first 72 hours of membership by e-mailing us at email@example.com or using the “Member Self Service” link listed in the Customer Service Center. Cancellation will take effect at the end of your first 30-day term. Membership dues are non-refundable. Members wishing to renew must re-register by going to our Join Page.
I agree to be personally liable and fully indemnify Company for any and all damages directly, indirectly and/or consequentially resulting from my attempted or actual unauthorized downloading or other duplication of materials from bearchive.com or bestoryclub.com, alone or with, or under the authority of, any other person(s), including, without limitation, any governmental agency(ies), wherein such damages include, without limitation, all direct and consequential damages directly or indirectly resulting from unauthorized downloading of materials from bearchive.com and/or bestoryclub.com including, but not limited to, damages resulting from loss of revenue, loss of property, fines, attorney's fees and costs, including, without limitation, damages resulting from prosecution and/or governmentally imposed seizure(s), forfeiture(s), and/or injunction(s).
Subscriptions may not be assigned or transferred to any other person or entity. Subscriber must promptly inform Company of the following: changes in the expiration date of any credit card used in connection with the Service; changes in home or billing address; and apparent breaches of security, such as loss, theft, or unauthorized disclosure or use of an ID or password. Until Company is notified, of a breach in security, the Subscriber will remain liable for any unauthorized use of the Service. Upon request, Subscribers will be given access to billing records that support charges for use of the Service.
Payment for the services provided to you at and/or through bearchive.com or bestoryclub.com may be made by automatic credit/debt card or ACH debit and you hereby authorize Company and its agents to transact such payments on your behalf.
Subscriptions to bearchive.com and/or bestoryclub.com may be terminated at any time, and without cause, by either Company or Subscriber. You agree to be personally liable for all charges incurred by you during or through the use of bearchive.com and/or bestoryclub.com.
Subscribers are responsible for providing all personal computer and communications equipment necessary to gain access to the Service. Access to and use of the Service is through the use of a password. Each Subscriber must keep his password strictly confidential. Unauthorized access to the Service is a breach of this Agreement and a violation of law.
Any liability of Company, including without limitation any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of records, whether for breach of contract, tortuous behavior, negligence, or under any other cause or action, shall be strictly limited to the amount of membership fee paid by or on behalf of the subscriber to Company for the preceding month. Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Company is not liable for damages resulting from disseminating, failing to disseminate, or incorrectly or inaccurately disseminating any Software, data, advertisement or other communication at or through bearchive.com.
No warranty is made by Company regarding any information, services, Software or products provided through or in connection with bearchive.com, and Company hereby expressly disclaims any and all warranties, including without limitation: 1) any warranties as to the availability, accuracy, or content of Software, information, products, or services; 2) any warranties of merchantability or fitness for a particular purpose. Some states do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
All materials included at bearchive.com and bestoryclub.com are for the private use by Subscribers only. The Company intends no other uses and any other use is strictly prohibited.
Notices from bearchive.com and/or bestoryclub.com to Subscribers may be given by means of electronic messages through bearchive.com and/or bestoryclub.com, by a general posting on bearchive.com and/or bestoryclub.com, or by conventional mail. Communications from you to the Company may be made by electronic messages, unless otherwise specified in the Agreement.
This Agreement contains the entire agreement between the Subscriber and Company regarding Subscribers' use of bearchive.com and all materials directly and indirectly related thereto. This Agreement supersedes all prior written and oral understandings, writings, and representations and may only be amended upon notice by Company. This Agreement shall be governed by and construed under the laws of the State of Arizona, except as governed by Federal law. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. Unless otherwise explicitly stated, the provisions of this Agreement shall survive its termination.
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