The Beam Foundation Terms Of Use
You are accessing an Internet web site (the “Foundation Site”) that belongs to the Beam Foundation (the “Foundation”).
By accessing or otherwise using the Foundation Site, you agree to be bound by the following terms and conditions (collectively the "Terms of Use"). If you do not agree to be bound by the Terms of Use, you are not permitted to access or use the Foundation Site.
  1. Revisions. The Foundation reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms of Use at any time. You should read these Terms of Use periodically for changes. If you use the Foundation Site after we post changes to the Terms of Use, you are deemed to accept the changed Terms of Use.
  2. Privacy Policy. Your use of the Foundation Site is also subject to the Foundation’s Privacy Policy which is incorporated into these Terms of Use.
  3. Your Representations. You warrant and represent that:
    1. Any and all information that you provide to the Foundation Site is true and correct to the best of your knowledge;
    2. If you are using a login id:
      1. The login id that you are using is the one assigned to you by the Foundation, and
      2. You will not disclose your password or login id to anyone, except as required by the Foundation;
    3. You will not use the Foundation Site for any illegal, immoral, or unauthorized purpose;
    4. You will neither circumvent, compromise, nor attempt to circumvent or compromise the Foundation Site’s security; and
    5. You will report immediately, to the Foundation, any suspected violation of the Foundation Site security or security procedures, including, without limitation, unauthorized use of your login id or password.
  4. Login Id and Password. IF YOU HAVE OBTAINED A LOGIN ID, YOU UNDERSTAND AND ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR THE USE OF YOUR LOGIN ID AND PASSWORD.
  5. Copyrights. The contents of the Foundation Site are protected by copyright, trademark, trade secret, and other proprietary rights laws. All trademarks, service marks, and trade names displayed on the Foundation Site are proprietary to the Foundation, except those identified as belonging to others, all of which are the property of their respective owners.
  6. Restrictions on Use. You may not:
    1. Use the Foundation Site to transmit, copy, reproduce, republish, upload, post, transmit, e-mail, or distribute in any way material or content that infringes any copyright or other right of any party or that violates these Terms of Use;
    2. Copy, modify, distribute, or display any text, graphic images, or other content from the Foundation Site, unless expressly authorized by the Foundation or these Terms of Use; and
    3. Modify, delete, or reverse engineer the Foundation Site in any way whatsoever.
  7. Monitoring of Foundation Site. The Foundation reserves the right, but is not obligated, to monitor your use of the Foundation Site and any communications made by you related to such use. Foundation assumes no liability related to its monitoring activities.
  8. Disclaimers. ALL INFORMATION AND CONTENT OF THE FOUNDATION SITE ARE FURNISHED "AS IS" AND "AS AVAILABLE" WITHOUT ANY IMPLIED OR EXPRESS WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.
  9. Limitation of Liability. IN NO EVENT WILL THE FOUNDATION, ITS DIRECTORS, AGENTS, OR EMPLOYEES (INDIVIDUALLY AND COLLECTIVELY -- THE “FOUNDATION GROUP”) BE LIABLE FOR ANY DAMAGES THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS, CONTENT, OR SERVICES USED BY MEANS OF THE FOUNDATION SITE, EVEN IF FOUNDATION GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE INCLUDE, BUT ARE NOT LIMITED TO, DAMAGES OR INJURY CAUSED BY ANY PERFORMANCE, FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATIONS LINE FAILURE, THEFT, OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF INFORMATION, RELATED TO YOUR USE OF, OR THE INABILITY TO USE, THE MATERIALS, CONTENT, OR SERVICES USED BY MEANS OF THE FOUNDATION SITE, WHETHER RESULTING IN WHOLE OR IN PART FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR OTHERWISE. IN NO EVENT WILL THE FOUNDATION GROUP’S AGGREGATE LIABILITY TO YOU FOR DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE, RELATED TO THE FOUNDATION SITE EXCEED THE LESSER OF TEN DOLLARS OR THE AMOUNT PAID BY YOU, IF ANY, FOR YOUR HAVING ACCESS TO THE FOUNDATION SITE.
  10. Termination of Your Access. You agree that the Foundation may, in its sole discretion and for any reason, terminate, modify, or suspend part or all of your access to, and any service provided through, the Foundation Site and delete any content transmitted to or through the Foundation Site at any time with or without prior notice and without liability to you or any third party. Without limiting any other provision in these Terms of Use, the Foundation may also terminate these Terms of Use and your right to use the Foundation Site immediately without notice if, in the Foundation's sole discretion, you fail to comply with any term or provision of these Terms of Use.
  11. Governing Law. Use of the Foundation Site is intended for residents of the United States only. Unless otherwise specified, the Foundation controls and operates the Foundation Site from offices within the State of Texas, U.S.A. If you choose to access the Foundation Site from other locations, you do so on your own initiative, and are responsible for compliance with any applicable local laws. The laws of the State of Texas, without regard to Texas’ conflict of laws principles, govern these Terms of Use. Exclusive venue for any action that you commence against the Foundation Group lies in the courts located in Dallas County, Texas. You consent and submit to the personal jurisdiction of the courts located in Dallas County, Texas for the purposes of litigating any action in connection with these Terms of Use.
  12. Integration and Severability. If any provision of these Terms of Use is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of the remaining provisions. Captions and heading are only for reference and are not to be considered in interpreting these Terms of Use.