Terms of Use

Effective: September 13, 2024

The following provisions set forth the Terms of Use (“Terms”) that apply to your access and use the website, any subdomains, and browser extensions, and the information contained therein (collectively, the “Website”), provided by Beale Infrastructure Group, LLC (“Beale,” “we”, “us” or “our”). The Website and its contents are provided for your information regarding the products and services offered by Beale.

PLEASE READ THESE TERMS CAREFULLY. By accessing our Website, you confirm that you have read and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Website.

These Terms state that any disputes between you and Beale must be resolved in arbitration or small claims court.

1. Authority

To use the Website, you must be at least eighteen 18 years of age; have not previously had your access to the Website revoked or suspended; and use the Website in compliance with all applicable laws and regulations. If you do not agree to, or cannot comply with, any of these Terms, please exit the Website and do not attempt to access the Website at any time in the future.

2. Changes to The Terms

We may change or modify these Terms at any time without notice, other than publishing the amended Terms to the Website. The amended Terms will automatically be effective when posted on our Website. Your continued use of our Website after any changes in these Terms shall constitute your consent to such changes.

Beale reserves the right to modify or discontinue, temporarily or permanently, some or all of the Website in our sole discretion and at any time without any notice or further obligation to you. You agree that Beale will not be liable to you or to any third party for any modification, suspension, or discontinuance of any of the Website.

3. Privacy Policy

Please review our Privacy Policy, which explains Beale’s practices relating to the collection and use of your personal information through or in connection with our Website. Beale’s use of your personal information is governed at all times by our Privacy Policy, which is incorporated into these Terms.  In the event of a conflict between these Terms and the Privacy Policy, the relevant provisions in the Privacy Policy shall take precedence as applicable to the collection and processing of personal information.

4. Intellectual Property

This Website and its contents, features, and functionality are owned by Beale, its licensors, or other providers of such material, and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws of both the United States and foreign countries. The reproduction, re-creation, retransmission or other use of any of the content on this Website, whether text, visual image, audio, video, or computer software, or the posting or framing on other websites without the express prior written permission of Beale is expressly prohibited.

5. Trademarks and Service Marks

The Website may contain our trademarks and service marks and the trademarks and service marks of third parties; these may not be used without the prior written consent of Beale. All trademarks and service marks on our Website belong to Beale, except third-party trademarks or service marks, which are the property of their respective owners.

6. Copyright Complaints

If you believe materials on our Website constitute copyright infringement, you or your agent may send us a notice requesting us to remove or block the material under the Digital Millennium Copyright Act of 1998 (the “DMCA”). Notices must meet the requirements of the DMCA. Notices may be sent to us at: 50 Beale St., Suite 2300, San Francisco, CA 94105. There are penalties for false claims under the DMCA.

7. No Illegal or Prohibited Use

You warrant that you will not use this Website or any of the information, content or products or services offered herein for any purpose that is unlawful, or prohibited by these Terms or other specific terms and conditions applicable to services offered herein.

8. Enforcement 

Beale reserves the right but does not assume the obligation to strictly enforce these Terms, including without limitation by issuing warnings, suspension, or termination of access to the Website and/or services, and/or by removing, screening, or editing of Content, or by engaging in self-help and active investigation, litigation and prosecution in any court or other appropriate venue.

If any provision of these Terms is determined to be invalid, unlawful, void, or otherwise unenforceable, you agree the remaining provisions of these Terms will remain in full force and effect.

9. Limitation of Liability, Indemnity, and Disclaimer

Although we endeavor to keep the information and content on our Website accurate, current, and up to date, you understand and accept that some of the information and content on our Website may be inaccurate or incomplete. You agree to notify Beale immediately if you become aware of any descriptive errors or inconsistencies with any products or services you avail yourself of through the Website and comply with any corrective action taken by Beale. We may make improvements or changes to any of our content, information products, services, or programs described on the Website at any time without notice. Your use of this Website and the information and content on it is at your own risk. Your sole and exclusive remedy for issues relating to the information and content on our Website, your reliance on such content and information, or your use of our Website and the information and content contained on it shall be to discontinue accessing our Website and using the information or content or accessing the services provided on it. 

To the fullest extent permitted by applicable law, you agree Beale is not liable for any damages, losses, expenses, or fees relating to your use of, or reliance upon, the Website or the information and content on it, including without limitation any damages, losses, expenses, or fees, or damage to your computer equipment or other property from downloading files or other content from the Website. You agree to indemnify, defend, and hold harmless Beale for any and all uses you make of the Website. These obligations will survive any termination of your relationship with Beale or your use of our Website.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY WAIVE, DISCLAIM, AND RELEASE BEALE, ITS SUBSIDIARIES, AND AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, AND ASSIGNS, FROM ALL CLAIMS OF ANY KIND (SPECIFICALLY INCLUDING ANY AND ALL CLAIMS FOR ACTUAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, OR EXEMPLARY DAMAGES, ATTORNEYS’ FEES AND COSTS, OR CLAIMS FOR INTEREST, AND WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY), (EVEN IF YOU AND BEALE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF ANY REMEDIES SET FORTH HEREIN ARE FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE) RELATED DIRECTLY OR INDIRECTLY TO, OR ARISING FROM, YOUR ACCESS TO AND USE OF THIS WEBSITE OR YOUR USE OF ANY INFORMATION OR CONTENT CONTAINED THEREIN. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THIS WEBSITE IS PROVIDED TO YOU ON AN “AS IS,” “WHERE IS,” AND “WHERE AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF ACCURACY, COMPLETENESS, ADEQUACY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.

Certain laws do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the disclaimers, exclusions, or limitations set forth in these Terms may not apply to you and you may have additional rights not outlined in these Terms.

10. Governing Law and Jurisdiction

These Terms shall be governed by, construed, and enforced in accordance with, and subject to, the laws of the State of California, without regard to its conflict of law provisions. Subject to our Terms of Use Section on Dispute Resolution, which provides that disputes are to be resolved through binding arbitration or small claims court, to the extent that any lawsuit or court proceeding is permitted hereunder, you and Beale agree to submit to the exclusive personal jurisdiction of the state courts and federal courts located within Santa Clara County, California, to resolve all such disputes, and you hereby consent to the jurisdiction of such court solely for such purposes and you further waive any argument that any such court does not have jurisdiction over such dispute or that venue in any such court is not appropriate or convenient.

11. Dispute Resolution

In the interest of resolving disputes between you and Beale in the most expedient and cost-effective manner, you and Beale agree to resolve disputes through binding arbitration before the American Arbitration Association (AAA) or small claims court. Any arbitration or litigation under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted. You acknowledge and agree that the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that individual party’s claim(s). The award of the arbitrator shall be conclusive and binding upon all parties hereto and judgment upon the award may be entered in any court of competent jurisdiction.

12. Void Where Prohibited

This Website and our other Sites may be accessible by users throughout the world. Beale products, services, and offers may not be available in your jurisdiction. The information on this Website is not an offer of products or services where Beale does not conduct business or where prohibited by law. Your eligibility for particular products or services will be subject to approval by Beale.

13. How to Contact Us

If you have any questions or concerns with respect to our Terms, please email us at info@bealeinfra.com.