Terms of Use

Accessing the Site and Account Security

We reserve the right to withdraw or amend this Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users.

You are responsible for both:

• Making all arrangements necessary for you to have access to the Site.
• Ensuring that all persons who access the Site through your internet connection are aware of these Terms of Use and comply with them.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Not Medical Advice

Beaqen offers the information on this Site for general information and educational purposes only. This information is not intended as medical advice and should not be used for diagnosis. Information on this Site is not intended to create any provider-patient relationship, nor should it be considered a replacement for consultation with a health care professional. If you have questions or concerns about your health, please promptly contact your health care provider.

Specifically Prohibited Use

These Terms of Use permit you to use the Site for your personal, non-commercial use only.   You agree that you will not use this Site for any purposes that are unlawful or prohibited by these Terms of Use. You acknowledge that any such unlawful or prohibited use may subject you to civil or criminal liability. You are responsible for ensuring that any materials you post to this Site or a discussion area via email or otherwise does not (i) violate the copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or other personal or proprietary rights of any third party; (ii) contain a virus, spyware, or other harmful component; (iii) contain embedded links, advertising, chain letters or pyramid schemes of any kind; or (iv) constitute or contain false or misleading indications of origin, endorsement or statements of fact. You agree not to disrupt, modify, or interfere with this Site or its associated software, hardware and servers in any way and you agree not to impede or interfere with others’ use of this Site. You are prohibited from posting on or transmitting through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, discriminatory or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. You further agree not to alter or tamper with any information or materials on or associated with this Site. You alone are responsible for the content and consequences of any of your activities.

Use of Email Content and Any Materials Submitted to Us

By visiting the Site or by sending emails to us, you are knowingly and voluntarily consenting to receive communications from us electronically. We will communicate with you by email or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communication we provide to you electronically satisfy any legal requirement that such communication be in writing. If you would like to opt-out of receiving electronic communications from us please contact info@beaqen.org.

Monitoring and Enforcement; Termination

We have the right to:

Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.

Terminate or suspend your access to all or part of the Site for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS BEAQEN AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDER FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

We do not undertake to review all material before it is posted on the Site, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Third Party Content and Web Site Links

This Site may provide content from, or links or references to, other sites. Beaqen is not responsible for information, products or services obtained on such other sites and is not liable for any damages arising from access to such Sites. Any links to other sites are provided merely as a convenience to the visitors of this Site and any inclusion of such links in this Site does not imply an endorsement or warranty of the linked sites or their content, products or services. The Terms of Use stated in this policy apply only to this Site and the products and services we offer. Visitors to this Site are cautioned that linked sites are governed by their own use and privacy policies, so visitors linking to such sites should make sure to visit the appropriate pages of those sites to determine what policies will apply.  Beaqen reserves the right to remove any link or linking program from this Site, at any time, without notice to you.

Disclaimer of Warranties and Limitation of Liability

We make no representations or warranties about the suitability of the Site or these materials for any purpose. YOU ACKNOWLEDGE THAT YOU ARE USING THIS SITE AT YOUR OWN RISK. THIS SITE IS PROVIDED BY BEAQEN ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. BEAQEN DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, EMAIL RESPONSES, LINKS AND OTHER ITEMS CONTAINED ON THIS WEB SITE OR ON ANY OTHER SERVER. BEAQEN DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR EMAIL SENT FROM BEAQEN OR ITS VOLUNTEERS ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

BEAQEN SHALL NOT BE LIABLE FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

THE INFORMATION CONTAINED ON THIS SITE AND IN ANY EMAIL RESPONSES FROM BEAQEN TO YOU ARE INTENDED TO BE FOR GENERAL INFORMATION PURPOSES ONLY. FURTHER, THIS INFORMATION SHOULD NOT BE USED AS A SUBSTITUTE FOR CONSULTING WITH YOUR PERSONAL PHYSICIAN.

Applicable Law and Jurisdiction

These Terms of Use and any dispute arising under or related to these Terms of Use (whether for breach of contract, tortious conduct or otherwise) will be governed and construed in accordance with the laws of the State of Connecticut, without regard to principles of conflict of laws.  At our sole discretion, we may require you to submit any disputes arising from these Terms of Use or use of the Site, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association.  You acknowledge that monetary damages for improper use of this Site or other breach of these Terms of Use may be inadequate. Therefore, Beaqen is entitled to seek equitable relief in any court in the State of Connecticut, including injunctive relief against you, in addition to all other remedies.

Geographic Restrictions

The owner of the Site is based in the State of Connecticut in the United States. We provide this Site for use only by persons located in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries.  BY USING THIS SITE YOU CERTIFY THAT YOU ARE A RESIDENT OF THE UNITED STATES. YOU ALSO CERTIFY THAT YOU ARE NOT A PERSON BARRED FROM USING THE WEBSITE UNDER THE LAWS OF THE UNITED STATES OR OTHER APPLICABLE JURISDICTION. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Indemnification

You agree to defend, indemnify, and hold harmless Beaqen, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Site, including, but not limited to any use of the Site’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Site.

Waiver and Severability

No waiver by Beaqen of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Beaqen to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

All other feedback, comments, requests for technical support, and other communications relating to the Site should be directed to: info@beaqen.org.