TERMS OF USE

TERMS OF WEBSITE USE

Thank you for visiting WayBeyondClub.com!

Please carefully read the following rules contained in these Terms of Website Use. The website located at www.waybeyondclub.com (the “Website”) is provided by WayBeyond Rewards, LLC and its related, affiliated, or subsidiary companies (“WayBeyond”, “we”, “us” or “our”). By using this Website, you agree to be bound by the Terms of Website Use, which govern your use of this Website and any content, applications, features and Accounts (collectively the “Services”). If you do not agree to comply with and be bound by these Terms of Website Use, please exit the site immediately.

Use of Site. WayBeyond authorizes the personal, non-commercial use of this Website and our Services, which includes viewing its content and making and retaining copies for your personal files and for transacting business related to your membership with WayBeyond. We reserve all other rights pertaining to our Website.

Account. You may browse the Site and view Content without creating an account with us, but as a condition to use certain aspects of our Services and sign up for a membership with us, we may require that you create an account (“Account”). You agree that you will provide us with accurate and complete Account registration information (including, but not limited to an e-mail address and a password you will use to access your Account) and to keep your registration information accurate and up-to-date.

You shall not:

• Create any Account for anyone other than yourself without such person’s express permission;
• Use Account registration information that is in the name of another person with the intent to impersonate that person; or
• Use an Account that is subject to any rights of a person other than you without appropriate authorization.

You are solely responsible and liable for activity that occurs on your Account and shall be responsible for maintaining the confidentiality of your Account log-in information. You will immediately notify WayBeyond Rewards, LLC in writing at 1001 Elm St, Suite 202
Manchester, NH 03101 or by email to info@waybeyondclub.com of any unauthorized use of your Account or other Account-related security breaches of which you are aware.

Intellectual Property. This Website, the content and any materials downloaded, including, without limitation, information, data, text, logos, photographs, videos, audio clips, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Website, are owned by Way Beyond Rewards, LLC or third parties (collectively, the “Content”). As for all content between you and WayBeyond, all the Content belongs to Way Beyond Rewards, LLC.

You agree that you, or someone using your Account with your permission, may not modify, copy, publish, post, translate, display, transmit, distribute, transfer, frame, adapt, create derivative works from or in any way exploit our Content for any public or commercial use without prior express written consent from WayBeyond. Except as expressly provided herein, nothing contained on our Website shall be construed as conferring any right or license under any trademark, trade dress, copyright or other intellectual property right. In using the Website, you agree to abide by all relevant intellectual property and unfair competition laws and maintain all intellectual property notices, information and restrictions contained in any Content accessed through the Website.

Third Party Links. This Website may contain links to outside services and resources, the availability and content of which WayBeyond does not own, operate or maintain (“Third Party Site”). These Terms of Website Use apply only to this Website and not to any Third Party Site. Links to any Third Party Site are provided for your reference and convenience only. We are not responsible or liable for the actions, products or content, which may contain information that is inaccurate, incomplete, or outdated of any Third Party Site.

Web Site Security. As a condition of your use of this Website, you agree that you will not or will not attempt to (1) access data that is not intended for you; (2) invade the privacy of, obtain the identity of, or obtain any personal information about any WayBeyond member or user of this Website; (3) probe, test or scan the vulnerability of this Website or the WayBeyond network, or breach security or authentication measures without express authorization from WayBeyond; (4) interfere with the service to any user, host or network, or otherwise disrupt our business, including, without limitation, by submitting a virus to the Website, overloading, “flooding,” “spamming,” “mail bombing” or “crashing”; or (5) send unsolicited email, including promotions and/or advertising or products and services. Violations of system or network security may result in civil and/or criminal liability.

Disclaimers. WayBeyondClub.com uses reasonable efforts to ensure that the information on this Website is accurate and free of defects. However, the Website may contain technical inaccuracies or typographical errors. WE DO NOT WARRANT THAT (1) THE WEBSITE WILL BE DEFECT-FREE; (2)THAT THE WEBSITE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (3) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (4) ANY CONTENT AVAILABLE THROUGH THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (5) THE RESULTS OF USING THE WEBSITE WILL MEET YOUR REQUIREMENTS. THE WEBSITE AND ITS CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. YOUR USE OF THE WEBSITE IS SOLELY AT YOUR OWN RISK. THIS DOES NOT AFFECT THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS NOTICE.
Limitation of Liability. EXCEPT WHERE THE LAW REQUIRES A DIFFERENT STANDARD AND TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOU AGREE THAT WE, OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, ARE NOT RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES ARISING IN CONNECTION WITH THIS WEBSITE OR ANY LINKED SITE OR USE THEREOF OR INABILITY TO USE BY ANY PARTY, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF WAY BEYOND REWARDS, LLC, OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES.
Minors. By continued use of this Site, you promise that you are of legal age to form a binding contract.
Modification. We may, at our sole discretion, modify or replace any of this Terms of Website Use or change, suspend, or discontinue our services at any time by posting a notice on the Website or by sending you notice via e-mail. If we do make changes to this Terms of Website Use notice, we will revise the “Last Updated” date posted at the bottom of this Terms of Website Use to reflect the effective date of the revised notice. While we will timely provide notice of modifications, it is also your responsibility to check these Terms of Website periodically for changes. Your continued use of the Website following notification of any changes to the Terms of Website Use constitutes acceptance of those changes.

Governing Law and Jurisdiction. This Website is located in the state of New Hampshire. These Terms of Website Use and the relationship between you and WayBeyond shall be governed by and construed in accordance with the laws of the state of New Hampshire, without regard to its conflicts of law rules. You agree that any dispute arising from or relating to the subject matter of these Terms of Website Use shall be governed by the exclusive jurisdiction and venue of the state and Federal courts of Hillsborough County, New Hampshire.


Last Updated: August 18, 2017