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Terms of use

TERMS OF SERVICE

1. INTRODUCTION

This web site is provided by Beard Bros. Pharms as a service to its customers, potential customers and employees. This page states the terms of service under which you may use this website. Please read this page carefully. If you do not accept the terms stated here, do not use this website. Beard Bros. Pharms may revise these terms of service (TOS) at any time by updating this posting. You should visit this page periodically to review the TOS, because they are binding on you. If you violate any of these terms, your permission to contribute to or benefit from this website will automatically terminate.

Beard Bros. Pharms authorizes you to use material on this website provided that (1) the copyright notice below appears in all copies and (2) use of such material from this website is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media and (3) no modifications of any material are made. Use for any other purpose is expressly prohibited by law and may result in severe civil and criminal penalties. Don’t steal. Nothing on any Beard Bros. Pharms website shall be construed as conferring any license under any of Beard Bros. Pharms’ or any third party’s intellectual property rights, whether by estoppel, implication or otherwise.

Copyright Notice

Copyright ©2020 Beard Bros. Pharms. All rights reserved. All material on this Web Site, including text, photographs, graphics, code and/or software, are protected by international copyright and trademark laws. Unauthorized use is not permitted. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute, in any manner, the material on this Web Site. All product names, images, and descriptions are trademarks of their respective companies and are for information purposes.

Contact emailcrew@beardbrospharms.com

As used herein, the terms “We” or “Us” or “Our” means Beard Bros. Pharms and its officers, agents, and employees. The “Site” means BeardBrosPharms.com, and “You” or “Your” means each user of the Site. By using the Site, You warrant and represent that You have read our entire TOS, and You accept the terms in full. You further agree to comply with, and to be bound by, these terms. You must be at least 18 years of age to use the Site. By using the Site, You warrant and represent that You are at least 18 years of age.

3. REGISTRATION

In order to access certain features of the BeardBrosPharms.com Applications, You may be required to register and/or create a user profile (an “Account”) by creating a username and password and providing certain profile and contact information. We may require or permit you to use your credentials for a third-party platform (such as Facebook or LinkedIn) to so register (a “Social Sign-On”). Your Account shall only be used by You and only in connection with the applicable BeardBrosPharms.com Application and may not be used in connection with other Beard Bros. Pharms promotions. You are responsible for maintaining the confidentiality of Your Account and password and are responsible for all activities that occur under Your Account and password. Sharing, selling or transferring Your Account or password with or to any other person or making it available to multiple users on a network is strictly prohibited. You hereby agree to (i) provide information about yourself as prompted by the registration form that is true, accurate, current and complete; (ii) maintain and promptly update Your personal information (by sending an appropriately worded e-mail to crew@beardbrospharms.com to keep it fully up to date); (iii) ensure that You exit from Your member account at the end of each session; and (iv) notify Beard Bros. Pharms in writing of any unauthorized use of Your Account or password or any other breach of security at crew@beardbrospharms.com. You agree not to impersonate any person or entity or misrepresent Your identity or affiliation with any person or entity, including using another person’s username, password or other account information or another person’s name, likeness, voice, image or photograph. If You provide (or We have reason to suspect that You have provided) any information that is untrue, inaccurate, not current, or incomplete, or there is unauthorized use of Your Account or We suspect fraudulent or abusive activity, We have the right, among other remedial options, to interrupt, restrict, suspend or terminate Your current or future use of or access to the BeardBrosPharms.com Applications (or any portion thereof), without notice to You. You shall cooperate with Us in any fraud investigation and use any reasonable fraud prevention measures We prescribe. Failure to cooperate will result in Your liability for all fraudulent usage. Beard Bros. Pharms has implemented commercially reasonable technical and organizational measures designed to secure Your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, We cannot guarantee that unauthorized third parties will never be able to defeat those measures or use Your personal information for improper purposes. You acknowledge that You provide Your personal information at Your own risk.

4. LIMITATIONS

In connection with his or her use of the Site, You will not, and will not allow any third party to:

  1. Post or link to any material that contains:
    • Adult content, including nudity, sexual terms and/or images of people in positions or activities that are excessively suggestive or sexual
    • Obscene, defamatory, libelous, slanderous and/or unlawful content
    • Content that infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary right, or that is deceptive or fraudulent
    • Inflammatory religious content
    • Politically religious agendas and/or any known associations with hate, criminal and/or terrorist activities; or
    • Hate speech, whether directed at an individual or a group, and whether based upon the race, disability, sex, creed, national origin, religious affiliation, marital status, sexual orientation, gender identity, or language of such individual or group.
  1. Remove, obscure or change any copyright, trademark, hyperlink or other proprietary rights notices contained within the Site
  2. Modify, adapt, disassemble, decompile, translate, reverse engineer or otherwise attempt to discover the source code or structure, sequence and organization of the Site or any content contained therein
  3. Use the Site in any manner that could damage, disable, overburden, or impair the Site, Us, or any other person or entity; or
  4. Collect any information (including usernames and/or email addresses) about other users of the Site; create or transmit unwanted electronic communications to other users of the Site; or otherwise interfere with such users’ enjoyment of the Site. Sorry, not sorry, trolls!

Unless otherwise expressly authorized in these TOS or on the Site, You may not take any action to interfere with the Site or any other user’s use of the Site.  You expressly agree that You will not copy, reproduce, modify, create derivative works from, distribute or publicly display any content from the Site without Our prior written consent.  You agree not to bypass Our robot exclusion headers or other measures We may use to prevent or restrict access to the Site.

You agree not to use the Site for illegal purposes (including, without limitation, unlawful, harassing, libelous, invasion of another’s privacy, abusive, threatening or obscene purposes). You agree that You will comply with all laws related to your use of the Site.

Beard Bros. Pharms may allow You to upload or submit information, software, text, images, audio, video, and other materials to, through or on an BeardBrosPharms.com Application (“User Uploaded Information”). For example, the BeardBrosPharms.com Application may offer forums, bulletin boards, wikis, chat rooms, blogs or other interactive areas. Beard Bros. Pharms does not endorse any User Uploaded Information and Your use of any User Uploaded Information is at Your own risk.

Pursuant to Section 230(c)(1) of the U.S. Communications Decency Act, 47 U.S.C. § 230 (the “CDA”), We are not responsible for the accuracy of information posted on the Site by third party users. In short, if someone posts false information on the Site, You may have the right to pursue legal action against the author of that information, but We are not liable simply for providing a forum where such content is hosted.

We reserve the right to review all new submissions and to exclude or remove anything that We, in Our sole editorial judgment, deem inappropriate. We do not guarantee that posted stories will be complete or accurate. We also do not guarantee that all submissions will be posted. Nor do We guarantee that We will remove inappropriate content in any given timeframe. We do our best to monitor and rectify problems.

5. COPYRIGHT / EDITORIAL

By posting material on the Site, You agree to assign Us, and automatically do assign, all exclusive rights including the copyright, in any and all such material You post. You understand that this assignment qualifies as a transfer of copyright ownership pursuant to 17 U.S.C. § 201(d), and that Your registration for an account with the Site shall be deemed a valid electronic signature within the meaning of the e-Sign Act, 15 U.S.C. § 7001(a)(1). You further understand and agree that material You submit to the Site will not be removed once it is posted, except as otherwise provided in the Terms or pursuant to Our sole editorial discretion.

6. DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE

Materials may be made available via the BeardBrosPharms.com Applications by third parties not within Beard Bros. Pharms’ control. Beard Bros. Pharms is under no obligation to, and does not, scan content used in connection with the BeardBrosPharms.com Application for the inclusion of illegal or impermissible content. However, Beard Bros. Pharms respects the copyright interests of others. It is Beard Bros. Pharms’ policy not to permit materials known by Beard Bros. Pharms to infringe another party’s copyright to remain on the BeardBrosPharms.com Applications. If you believe any materials on an BeardBrosPharms.com Application infringe a copyright, You should provide Us with email notice that at a minimum contains:

  • a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
  • identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site
  • identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Beard Bros. Pharms to locate the material
  • information reasonably sufficient to permit Beard Bros. Pharms to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted
  • a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

It is Beard Bros. Pharms’ firm policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.

7. WARRANTIES

EXCEPT AS EXPRESSLY PROVIDED HEREIN, ALL BEARD BROS. PHARMS & BEARDBROSPHARMS.COM APPLICATIONS AND CONTENT ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS, BEARD BROS. PHARMS, THE BEARD BROS. PHARMS PARTIES (AS DEFINED BELOW) AND ANY THIRD PARTY CONTENT PROVIDER (IF APPLICABLE) DISCLAIM AND MAKE NO WARRANTY OR REPRESENTATION OF ANY KIND, EITHER EXPRESS OR IMPLIED. BEARD BROS PHARMS AND THE BEARD BROS. PHARMS PARTIES DO NOT WARRANT THE ACCURACY, COMPLETENESS, NON-INFRINGEMENT, TIMELINESS, PERFORMANCE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE BEARD BROS. PHARMS & BEARDBROSPHARMS.COM APPLICATIONS, CONTENT OR THE INFORMATION THEY CONTAIN. BEARD BROS. PHARMS, THE BEARD BROS. PHARMS PARTIES AND ANY THIRD PARTY CONTENT PROVIDER (IF APPLICABLE) DO NOT MAKE ANY WARRANTY THAT ACCESS TO ANY BEARDBROSPHARMS.COM APPLICATION OR CONTENT WILL BE UNINTERRUPTED, SECURE, COMPLETE OR ERROR FREE, OR FREE OF VIRUSES OR ANY HARMFUL FILES, AND BEARD BROS. PHARMS AND, BEARD BROS. PHARMS PARTIES AND ANY THIRD PARTY CONTENT PROVIDER (IF APPLICABLE) SHALL NOT BE LIABLE FOR ANY DAMAGE CAUSED BY SUCH DESTRUCTIVE FEATURES. BEARD BROS. PHARMS AND THE BEARD BROS. PHARMS PARTIES DO NOT MAKE ANY WARRANTY AS TO THE LIFE OF ANY SUBSCRIPTION OR AVAILABILITY OF ANY CONTENT. THE FOREGOING DISCLAIMER OF WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW.

8. LIMITATIONS OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL BEARD BROS. PHARMS OR THE BEARD BROS. PHARMS PARTIES BE LIABLE TO YOU OR ANY OTHER PERSON, INCLUDING BUT NOT LIMITED TO OTHER AUTHORIZED USERS, FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHETHER OR NOT CHARACTERIZED IN NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THAT IN ANY MANNER ARISES OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OR INABILITY TO USE ANY BEARDBROSPHARMS.COM APPLICATION OR ANY CONTENT AVAILABLE ON OR THROUGH ANY BEARDBROSPHARMS.COM APPLICATION. IN NO EVENT SHALL BEARD BROS. PHARMS’ AGGREGATE LIABILITY FOR ANY LOSSES IN ANY WAY ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OR INABILTY TO USE ANY BEARDBROSPHARMS.COM APPLICATIONS OR CONTENT OR TO ANY USE OR EXPLOITATION OF YOUR POSTS OR RIGHTS THEREIN FOR ANY PURPOSE EXCEED US$1,000. THE FOREGOING LIMITATION OF LIABILITY AND EXCLUSION OF CERTAIN DAMAGES SHALL APPLY REGARDLESS OF THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES. REGARDLESS OF THE CAUSE OR FORM OF ACTION, YOU MAY BRING NO ACTION ARISING FROM THIS AGREEMENT MORE THAN TWELVE (12) MONTHS AFTER THE CAUSE OF ACTION ARISES. THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW.

YOU AND BEARD BROS. PHARMS AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THIS AGREEMENT ARE MATERIAL, BARGAINED-FOR BASES OF THIS AGREEMENT, AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT IN DETERMINING THE CONSIDERATION TO BE GIVEN BY EACH PARTY UNDER THIS AGREEMENT AND IN THE DECISION OF EACH PARTY TO ENTER INTO THIS AGREEMENT. YOU AND BEARD BROS. PHARMS AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS ARE FAIR AND REASONABLE.

9. THIS IS YOUR WARNING: WE ARE NOT OBLIGATED TO WARN YOU

Legal precedent suggests that some website operators may (or may not) have a “duty to warn” their users about certain “risks” of using their websites. Under these TOS You acknowledge that You use the Site at Your own risk. Under no circumstances should any user of this Site assume that We have a duty to warn them about any risk associated with use of this Site or any other.

Further, You should be aware that if You use this site for any unlawful purpose (i.e., trafficking or attempting to traffic in controlled substances), Your actions may lead to criminal or civil liability. Questions? Call a lawyer.

10. INDEMNIFICATION

You agree to defend, indemnify and hold Beard Bros. Pharms and its affiliates and their directors, managers, officers, employees, agents, subsidiaries, successors and assigns (collectively, the “Beard Bros. Pharms Parties”) harmless, from and against any claims, losses, damages, penalties, demands, actions, suits, judgments, settlements, costs, liabilities, obligations and expenses, including reasonable attorneys’ fees (“Losses”), resulting from your breach or alleged breach of these Terms, regardless of the form of action.

11. BREACH

If You are at any time found to be in breach of these TOS We reserve the right to suspend or terminate Your use of the Site. On termination of Your registration account or subscription, all usage rights to the Site automatically terminate, and You shall immediately cease to use the Site and shall remove any and all electronic copies of the Site from Your systems. We are not obligated to give warning prior to suspension or termination of Your account.

12. CONCLUSION

These Terms of Service, including any schedules hereto, constitute the entire agreement and supersedes all prior or contemporaneous agreements or representations, written or oral, concerning the subject matter of this TOS. Beard Bros. Pharms may assign these Terms, in whole or in part, at any time. The invalidity or unenforceability of any provision of this TOS shall not affect the continuation or enforceability of the remainder of this TOS. The waiver by Beard Bros. Pharms of a breach or violation of any provision of this TOS shall not constitute a waiver of any subsequent or other breach or violation. The failure of Beard Bros. Pharms to partially or fully exercise any rights or the waiver of Beard Bros. Pharms of any breach of these Terms by You, shall not prevent a subsequent exercise of such right by Beard Bros. Pharms or be deemed a waiver by Beard Bros. Pharms of any subsequent breach by You of the same or any other term of these Terms. The rights and remedies of Beard Bros. Pharms under these Terms and any other applicable agreement between You and Beard Bros. Pharms shall be cumulative, and the exercise of any such right or remedy shall not limit Beard Bros. Pharms’ right to exercise any other right or remedy.

Contact us if you have a question or issue relating to your account or one you feel may be in violation of the TOS

crew@beardbrospharms.com

Last updated April 7, 2020

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