Terms of Service

I. TERMS OF SERVICE

These Terms of Service (“Terms”), which include our Privacy Policy, govern your use of our BAT GPS Tracking Device (the “Device”), website, software, applications, and other services, (collectively referred to as “Beacon Services”).

You must accept these Terms to access any Beacon Services through our device or a third party’s device. By using or visiting Beacon Services, either as an athlete or a fan, you accept and agree to these Terms.

Except as otherwise stated herein, these Terms constitute the entire and exclusive understanding and agreement between Beacon and you regarding Beacon Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Beacon and you regarding Beacon Services and the content thereof. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

II. THESE TERMS MAY CHANGE

Beacon may change these Terms periodically, including the Privacy Policy. These changes will be effective immediately; however, for those whose Device rental period is ongoing at the time of any changes to the Terms or Privacy Policy being posted, these revisions will, unless otherwise stated, take effect thirty (30) days after posting.

III. READ OUR PRIVACY POLICY

Any information that Beacon collects through your use of Beacon Services is subject to our Privacy Policy. Please review our Privacy Policy to understand our practices.

IV. WHO CAN USE BEACON?

Individuals under the age of 18 may utilize the service only with the involvement and consent of a parent or legal guardian, under such person’s account and otherwise subject to these Terms.

V. CREATING AN ACCOUNT

Full use of Beacon Services requires that you create an account by providing us with a valid email address and a password. You are responsible for all activity that occurs within and in association with your account. While Beacon takes steps to protect your information, especially personally-identifying information, Beacon is not liable for any losses related to the failed maintenance of your account credential’s confidentiality due to reasons outside of Beacon’s control. Please immediately notify Beacon if you become aware of unauthorized access to your account.

VI. POSTING YOUR CONTENT ON BEACON

For purposes of these Terms, “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available by you through Beacon Services. You are responsible for your content. You represent and warrant that you own your content or that you have all rights necessary to post it on Beacon Services. You grant us a license to use your content as described in these Terms.

You also represent and warrant that your content will not: (1) infringe, misappropriate, or violate a third party’s patent, copyright, trademark, or other intellectual property rights; (2) violate, or encourage any conduct that would violate any law or regulation giving rise to civil liability; (3) be fraudulent, misleading, or deceptive, (4) be defamatory, pornographic, vulgar, or offensive; (5) promote discrimination, bigotry, racism, hatred, harassment, or harm against any individual, or (6) promote illegal or harmless activities and substances.

You also agree that your content will comply with our community guidelines, which require users to refrain from posting profane or explicit content, profile pictures that may be considered inappropriate, communications that could be interpreted as threatening or harassing, or content that promotes or advertises commercial products or services. Failure to adhere to these guidelines may result in the suspension of your account or the removal of your content.

VII. RENTALS

Individuals and entities renting Devices from Beacon are subject to the Beacon Rental Agreement. Please review our Rental Agreement and Waiver and Release of Liability to understand our policies and practices.

VIII. REFUNDS

Beacon offers an unconditional 30-day money back guarantee. Individuals are responsible for contacting their Beacon representative if a refund is desired within this timeframe.

IX. NECESSARY EQUIPMENT

Full use of Beacon Services may be dependent on your use of a computer or supported mobile device with adequate software to enable Internet access. The maintenance and security of this Internet-enabled computer or mobile device may influence the performance of Beacon Services and/or the Device, and it is your responsibility to ensure the equipment’s functionality.

X. FREE TRIALS AND BETA TESTS

These Terms are applicable and enforceable against those who use the product as a part of beta testing, technical improvement testing, or through other means, as determined by Beacon Athlete Tracking Inc.

The user understands that the Device and Beacon Services are offered for testing purposes, which means that both the Device and Beacon Services are still under development, potentially causing operations to be limited, sub-optimal technology platform performance, and there may be errors or failures, and incomplete notices and explanations provided.

You, as a beta user, are invited to participate in this operation so that you can provide us feedback. We welcome and thank you in advance for your input and suggestions. You grant to Us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the feedback for any purpose.

However, because the Device and Beacon Services are still in development, all information regarding the use, operation, functions, features, as well as errors or failures, and your opinions regarding your experience (collectively, “Beta Information”) must be kept confidential. You agree to not disclose any Beta Information to any person or entity other than Beacon personnel. Your obligation to keep the Beta Information confidential shall continue even after the Device and Beacon Services are made available to the public.

XI. INTELLECTUAL PROPERTY RIGHTS

The Services contain material that may be protected by United States and international copyright, trademark and other proprietary information, including, but not limited to, audio, video, graphic, photographic and text information on the Device and Beacon Services. Beacon and any of its licensors exclusively own all right, title and interest in and to Beacon Services including all associated intellectual property rights. You acknowledge that Beacon Services and the Device are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying Beacon Services. Further, you may not modify, distribute, publish, transmit, publicly display, publicly perform, participate in the transfer or sale, create derivative works or in any way exploit any of the content, in whole or in part. Any violation of these restrictions may result in intellectual property infringement that may subject you to civil and/or criminal penalties. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from a submission of information protected by intellectual property rights in a third party, if such submission is made without express permission of the intellectual property rights holder.

Beacon Athlete Tracking Inc. respects copyright law and expects its users to do the same. It is our policy to terminate in appropriate circumstances the accounts of users who repeatedly infringe the rights of copyright holders.


The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that Content infringes your copyright, you (or your agent) may send us a notice requesting that the Content be removed or access to it blocked. Federal law requires that your notification include the following information: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) 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; (iii) 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 us to locate the material; (iv) information reasonably sufficient to permit Us to contact you, such as an address, telephone number, and, if available, an electronic mail; (v) a statement that you have 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 (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.


The notification must be sent to:


Beacon Athlete Tracking
Attn: Legal Department
1617 Boylston Ave.,
Seattle, WA 98122


We provide the above contact information for purposes of the DMCA only and reserve the right to respond only to correspondence that is relevant to this purpose.


XII. THINGS YOU CAN DO ON THE SERVICE

Beacon grants you a limited, non-exclusive, non-transferable, non-sub-licensable license to (1) access and view content on and through Beacon Services, (2) use Beacon’s mobile applications, and Device, and (3) use the software embedded into the rented or purchased Devices for your personal purposes.

You will not use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, transmit, publicly perform, broadcast, or otherwise exploit Beacon Services or any portion thereof, except as expressly permitted by these Terms. You agree to use or access Beacon Services and the Device for lawful purposes only. Should your access or use be deemed in any way legally questionable, you undertake full responsibility and liability to follow state and federal laws applicable in the areas where Beacon Services and the Device will be used. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Beacon or its licensors, except for those expressly granted in these Terms.

XIII. THINGS YOU CANNOT DO ON THE SERVICE

Except to the extent permitted by law and these Terms, you may not use Beacon’s proprietary information without express written consent. You may not access any non-public areas of Beacon Services or test the system’s security measures or vulnerability, which includes the circumvention of any technological measures implemented by Beacon or any third party used to protect Beacon. Do not attempt to reverse engineer or otherwise derive the source code of any part of Beacon’s software or Beacon Services.

XIV. ENFORCEMENT RIGHTS

We reserve the right to monitor access and content on Beacon Services, but remain without obligation to do so. We may remove or disable access to Beacon Services and content at any time and without notice, and at our sole discretion, if we determine the use of that Service is objectionable or in violation of these Terms. We may consult with and disclose unlawful conduct to law enforcement authorities, as monitored by valid legal processes.

XV. CONSULT YOUR DOCTOR BEFORE USING THIS SERVICE

No Beacon product or service, including Beacon Services and the Device is intended to diagnose, treat, cure, or prevent any disease. Beacon Services and the Device are provided on an AS-IS basis, and Beacon disclaims any and all warranties, express or implied, including by not limited to implied warranties of service, usability, or fitness for a particular purpose. if you have medical or heart conditions, consult doctor before engaging in any exercise program. if you experience a medical emergency using Beacon Services or the Device, consult a medical professional. In no event will Beacon be responsible for incidental or consequential damages including bodily injury. Notwithstanding the foregoing, in no instance shall Beacon’s liability be greater than the lesser of the cost of the equipment or $500.

XVI. USE COMMON SENSE

Use of Beacon Services or the Device should not replace your good judgment and common sense. Please read and comply with all directions related to the safe enjoyment of Beacon Services and the Device.

XVII. YOU AGREE TO RECEIVE ALERTS AND NOTIFICATIONS

As part of your use of Beacon Services, you may receive notifications, text messages, alerts, or emails. You agree to the receipt of these communications. You can control receipt of non-service related communications from your account settings. You are responsible for any messaging or data fees you may be charged by your wireless carrier.

XVIII. TERMINATION

We reserve the right to deactivate your account or terminate these Terms, at our sole discretion, at any time and without notice or liability to you. Upon any such termination, we may delete your content and other information related to your account.

XIX. WARRANTIES AND LIMITATIONS ON LIABILITY

BEACON SERVICES AND ALL CONTENT AND SOFTWARE ASSOCIATED, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH BEACON SERVICES, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY CONTENT. YOU ACKNOWLEDGE AND AGREE THAT IN RELYING ON ANY BEACON SERVICES OR CONTENT, YOU ARE DOING SO SOLELY AT YOUR OWN RISK. BEACON DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF ANY BEACON SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. BEACON SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS, BEACON-READY DEVICES, AND BEACON SOFTWARE (INCLUDING THOSE PRODUCTS CONTINUING COMPATIBILITY WITH OUR SERVICE).

TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT WILL BEACON, NOR ANY OF ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER.

THERE ARE NO WARRANTIES OF MERCHANTABILITY OR FITNESS, EITHER EXPRESSLY DEFINED OR IMPLIED, AND NO WARRANTY THAT THE BEACON SERVICE OR DEVICE IS SUITED FOR THE CUSTOMER’S INTENDED USE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES, THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

XX. INDEMNITY AND LIMITATION OF LIABILITY

You will indemnify and hold harmless Beacon and its officers, directors, employees, and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, but not limited to, reasonable attorney’s fees arising out of or any way connected with your use of the product and your breach of any warranties made within these Terms.

NEITHER BEACON, ITS SUPPLIERS OR LICENSORS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICE WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER DAMAGES, OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF THE INABILITY TO USE THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORN, PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BEACON HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH IN THESE TERMS IS FUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN BEACON AND YOU.

XXI. DISPUTE RESOLUTION AND CHOICE OF LAW

We prefer to resolve things amiably when possible therefore, you agree to the following dispute resolution policy in connection with any potential claims or disputes arising from your use of the Application. Start by notifying us of your dispute by sending a notice to support@beaconathletetracking.com.


a. Informal Negotiations: Parties to a dispute concerning the Terms, the Privacy Policy, or the use of the Services will attempt to informally negotiate a potential settlement or resolution to the dispute;

b. Arbitration: In the event that informal negotiations are unsuccessful, the parties agree to follow the arbitration procedures set forth by the American Arbitration Association (AAA) to resolve the dispute.

c. Binding Arbitration: If for any reason arbitration is unsuccessful or unavailable to the parties, parties agree to submit to binding arbitration in the jurisdiction of the State of Washington. Each of us is responsible for paying our own filing, administrative and arbitrator fees. Judgment on the arbitration award may be entered in any court having jurisdiction thereof.


XXII. Entire Agreement

These Terms constitute the entire and exclusive understanding and agreement between Beacon and you. These Terms supersede and replace any and all prior oral or written understandings or agreements between us. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect.

Any notices or other communications provided by Beacon under these Terms, including those regarding modifications to these Terms, will be given by us (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

Beacon’s failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Beacon. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

XXIII. Questions & Contact Information

If you have any questions regarding these Terms, please email us at support@beaconathletetracking.com.