Terms & Conditions


Welcome to Beardan Publishing, LLC and BessieMac.com.  By accessing and/or using any service offered by Beardan Publishing, LLC or BessieMac.com (collectively, “Beardan Publishing, LLC/BessieMac.com”), including, but not limited to, any element of Beardan Publishing, LLC, you agree to be bound by these terms and conditions.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE.

By using this site, you signify your consent to these terms of use. If you do not agree to these terms of use, please do not use the site.

ACCEPTANCE OF TERMS.

The Products and Services that Beardan Publishing, LLC and BessieMac.com provide to you are subject to the following Terms of Use (“TOU”).  Beardan Publishing, LLC/BessieMac.com reserves the right to update the TOU at any time without notice to you.  By using our Products and Services and/or visiting our website you agree that it is your responsibility to regularly review these Terms of Use, which we may update from time-to-time without providing any notice to you.  Updates will become effective upon their publication on any Beardan Publishing, LLC/BessieMac.com.com website. If you continue to use the Beardan Publishing, LLC/BessieMac.com website after we have published changes to these Terms of Use, your use will be subject to the revised TOU. The most current version of the TOU can be reviewed by clicking on the “Terms of Use” hypertext link located at the bottom of our Web pages.

DESCRIPTION OF PRODUCTS AND SERVICES.

Through its network of Web properties (BessieMac.com), Beardan Publishing, LLC provides you with access to a variety of resources, including download areas, communication forums and product information (collectively “Products and Services”). The Products and Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the TOU.

PERSONAL AND NON-COMMERCIAL USE LIMITATION.

Unless otherwise specified, the Products and Services are for your personal, educational, and non-commercial use.  You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, products or services obtained from the Products and Services.

NOTICES SPECIFIC TO DOCUMENTS AVAILABLE ON THIS WEB SITE.

Permission to use Documents (such as white papers, press releases, lesson plans, and FAQs) from the  Products and Services is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Documents from the Products and Services 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 Documents are made. Accredited educational institutions, such as K-12, private/public schools, and those who home school may download and reproduce the Documents for distribution in the classroom.  Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

NOTICES REGARDING DOCUMENTS AND PRODUCTS AND SERVICES AVAILABLE ON THIS WEB SITE.

IN NO EVENT SHALL BEARDAN PUBLISHING, LLC, AND/OR ITS RESPECTIVE BESSIEMAC.COM BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE PRODUCTS AND SERVICES, OR INFORMATION AVAILABLE FROM THE PRODUCTS AND SERVICES.

NO UNLAWFUL OR PROHIBITED USE.

As a condition of your use of the Products and Services, you will not use the Products and Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Products and Services in any manner that could damage, disable, overburden, or impair any Beardan Publishing, LLC, or BessieMac.com server, or the network(s) connected to any Beardan Publishing, LLC server, or interfere with any other party’s use and enjoyment of any Products and Services. You may not attempt to gain unauthorized access to any Products and Services, other accounts, computer systems or networks connected to any Beardan Publishing, LLC server or to any of the Products and Services through hacking, password mining, or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Products and Services.

USE OF PRODUCTS AND SERVICES

Beardan Publishing, LLC and BessieMac.com reserve the right at all times to disclose any information as Beardan Publishing, LLC/BessieMac.com deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Beardan Publishing, LLC/BessieMac.com’s sole discretion.

Always use caution when giving out any personally identifiable information about yourself or your children in any Communication Services. Beardan Publishing, LLC/BessieMac.com does not control or endorse the content, messages or information found in any Products and Services and, therefore, Beardan Publishing, LLC/BessieMac.com specifically disclaims any liability with regard to the Products and Services and any actions resulting from your participation in any Products and Services. Managers and hosts are not authorized Beardan Publishing, LLC/BessieMac.com spokespersons, and their views do not necessarily reflect those of Beardan Publishing, LLC/BessieMac.com.

Materials uploaded to the Products and Services may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials.

DISCLAIMER

BEARDAN PUBLISHING, LLC AND BESSIEMAC.COM MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO BEARDAN PUBLISHING, LLC AND BESSIEMAC.COM OR ITS CONTENTS, WHICH ARE PROVIDED FOR USE “AS IS” AND “AS AVAILABLE.”  DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO BEARDAN PUBLISHING, LLC AND BESSIEMAC.COM AND ANY WEB SITE WITH WHICH IT IS LINKED. BEARDAN PUBLISHING, LLC AND BESSIEMAC.COM DO NOT WARRANT THE FUNCTIONS, INFORMATION OR LINKS CONTAINED ON BESSIEMAC.COM/BEARDAN PUBLISHING, LLC OR THAT ITS CONTENTS WILL MEET YOUR REQUIREMENTS, THAT BEARDAN PUBLISHING, LLC/BESSIEMAC.COM OR ITS CONTENTS, ARE FIT FOR ANY PARTICULAR PURPOSE OR THAT THE OPERATION OF BEARDAN PUBLISHING, LLC/BESSIEMAC.COM OR ITS CONTENTS, WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES, WORMS, TROJAN HORSES, CANCELBOTS OR OTHER HARMFUL COMPONENTS. BEARDAN PUBLISHING, LLC/BESSIEMAC.COM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON BESSIEMAC.COM/BEARDAN PUBLISHING, LLC IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT BESSIEMAC.COM/BEARDAN PUBLISHING, LLC) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL BESSIEMAC.COM/BEARDAN PUBLISHING, LLC BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON BESSIEMAC.COM/BEARDAN PUBLILSHING, LLC EVEN IF BESSIEMAC.COM/BEARDAN PUBLISHING, LLC OR A BESSIEMAC.COM/BEARDAN PUBLISHING, LLC AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL BESSIEMAC.COM/BEARDAN PUBLISHING, LLC’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, OR NOT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING BESSIEMAC.COM/BEARDAN PUBLISHING, LLC.COM.

INDEMNIFICATION

By using BessieMac.com/Beardan Publishing, LLC, you agree to indemnify, defend and hold harmless BessieMac.com/Beardan Publishing, LLC from and against any actual or alleged claims, demands, causes of action, judgments, damages, losses, liabilities, and all costs and expenses of defense (including, without limitation, reasonable attorneys’ and other legal fees and costs) arising out of or relating to: (1) your violation of these terms of use or any law, rule or regulation; (2) a claim that is based on your use of any content on BessieMac.com/Beardan publishing, LLC; or (3) any material downloaded by you or through your computer from BessieMac.com/Beardan Publishing, LLC or otherwise sent to you by BessieMac.com/Beardan Publishing, LLC. You will cooperate as fully and reasonably as required by BessieMac.com/Beardan Publishing, LLC in the defense of any claim. BessieMac.com/Beardan Publishing, LLC reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of BessieMac.com/Beardan Publishing, LLC.

JURISDICTIONAL ISSUES

BessieMac.com is controlled and operated by Beardan Publishing, LLC from its offices in Arizona, United States of America. BessieMac.com makes no representation that materials on BessieMac.com are appropriate or available for use in other locations. Those who choose to access BessieMac.com from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Documents from this site are further subject to United States export controls. No documents from BessieMac.com may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iran, Iraq, Libya, North Korea, Syria or any other country to which the United States has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders; or (iii) in any other manner that violates U.S. law. By downloading or using the Documents, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

OTHER

This Agreement shall be governed by and construed in accordance with the laws of the state of Arizona, without giving effect to any principles of conflicts of law. You and BessieMac.com/ Beardan Publishing, LLC each agree to submit to the exclusive jurisdiction of the courts of the state of Arizona and the federal courts of the Arizona. If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions, and such provisions shall be deemed modified so that its purpose can be lawfully effectuated and enforced. This is the entire agreement between the parties relating to the subject matter herein.

 

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