Terms of Use

Effective Date: October 31, 2022

AGREEMENT TO TERMS

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Beaufort, LLC (“Beaufort”, “we,” “us” or “our”), concerning your access to and use of website located at https://beaufortcro.com/ and any other website or mobile application that directs to these Terms of Use (collectively, the “Site”).

By accessing or using our Site, you acknowledge and agree that you have read, understood, and agree to be bound by all of these Terms of Use. If you do not agree with all of these Terms of Use, then you are expressly prohibited from using the Site and you must discontinue use immediately.  Please see our Privacy Policy for terms applicable to our data collection and use practices, the terms of which are incorporated into these Terms of Use by reference.

We reserve the right to refuse service and terminate access to our Site at our discretion, including, but not limited to, if we believe that user conduct violates these Terms of Use or applicable law, or is otherwise harmful to the interests of Beaufort, its owners, affiliates, or clients.

UPDATE AND EFFECTIVE DATE

We reserve the right to change these Terms of Use from time to time as we deem appropriate. If we make a change to these Terms of Use that reduces or significantly changes your rights or responsibilities hereunder, we will notify you via a notice published on our Site; all other changes will be notified by updating the “Effective Date” listed above.  If you object to any of the changes we make, your choice is to stop using our Site. Your continued use of the Site after such changes are posted will be deemed to constitute your agreement to and acceptance of such changes. Our Site may change, and we may restrict access to, suspend or discontinue the Site, or any portion of the Site, at any time.

SPECIAL NOTE FOR PARENTS

Our website is intended for a general audience and is not designed for minors under the age of 16.  If you are under 16, you may use this Website only with the involvement of a parent or legal guardian.  We do not knowingly collect information directly from visitors to our Website that are under the age of 16. If you believe that we might have information from a minor under the age of 16, please contact us as directed below in the “Contact Us” section. 

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions.

The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. 

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. You agree not to copy, use or otherwise infringe upon or dilute any trademarks or service marks included in the Content. You further agree that you will not alter or remove any copyright, trademark or other notices from any Content.  We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

USER REPRESENTATIONS

By using the Site, you represent, warrant, and covenant that:

All registration information you submit (e.g., information submitted to create an account on the job portal section of our Site) will be true, accurate, current, and complete;

You will maintain the accuracy of such information and promptly update such registration information as necessary;

You have the legal capacity to comply with, and you agree to comply with, these Terms of Use;

You are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Site;

You will not access the Site through automated or non-human means, whether through a bot, script, or otherwise;

You will not use the Site for any illegal or unauthorized purpose; and

Your use of the Site will not violate any applicable law or regulation.

PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

In addition to the other restrictions set forth herein, you agree not to:

Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.

Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.

Use the Site to advertise or offer to sell goods and services.

Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.

Engage in unauthorized framing of or linking to the Site.

Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.

Make improper use of our support services or submit false reports of abuse or misconduct.

Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.

interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.

Attempt to impersonate another user or person or use the username of another user.

Use any information obtained from the Site in order to harass, abuse, or harm another person.

Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.

Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.

Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.

Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.

Delete the copyright or other proprietary rights notice from any Content.

Copy or adapt the Site’s software, including but not limited to PHP, HTML, JavaScript, or other code.

Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.

Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism.

Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.

Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.

Use the Site in a manner inconsistent with any applicable laws or regulations.

THIRD-PARTY WEBSITES AND CONTENT

The Site may contain (or you may be sent via the Site) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”).

Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.

Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern.

You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.

You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

NOTIFICATION OF CLAIMS OF INFRINGEMENT

We respect the rights of all copyright holders and in this regard has adopted and implemented a policy that provides for the removal of content from the Site under certain circumstances. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact our copyright agent as directed below and include the following information required by the Digital Millennium Copyright Act, 17 U.S.C. 512:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

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;

Identification of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit us to locate the material;

Information reasonably sufficient to permit us to contact the complaining party (e.g., address, telephone number and email address);

A statement that the complaining party has a good faith belief that use of the material is unauthorized; and

A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please direct all copyright inquiries, including notification of claims of infringement, to our designated copyright agent at:  Beaufort, LLC, 4433 Corporation Lane, Suite 100, Virginia Beach, VA 23462 or [email protected].

MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time.

We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.

We cannot guarantee the Site will be always available. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors.

We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site.

Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

CORRECTIONS

There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Site, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

DISCLAIMER OF WARRANTIES

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

LIMITATIONS OF LIABILITY

NEITHER BEAUFORT NOR OUR OWNERS, AFFILIATES, DIRECTORS, EMPLOYEES, OR AGENTS SHALL HAVE ANY LIABILITY FOR ANY ERRORS, INACCURACIES, OMISSIONS OR OTHER DEFECTS IN THE INFORMATION CONTAINED WITHIN THE SITE. IN NO EVENT SHALL BEAUFORT OR OUR OWNERS, AFFILIATES, LICENSORS OR LICENSEES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES, OTHER THAN DIRECT DAMAGES, ARISING OUT OF YOUR ACCESS TO OR USE OF, OR INABILITY TO USE, THE SITE OR ANY INFORMATION, PRODUCTS OR SERVICES AVAILABLE THROUGH THE SITE OR OUR USE OF ANY USER CONTENT THAT YOU POST OR SUBMIT TO US. IN ADDITION TO AND NOT IN LIMITATION OF THE FOREGOING LIMITATION OF LIABILITY, IN NO EVENT SHALL BEAUFORT OR OUR OWNERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR SIMILAR DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST REVENUES OR PROFITS, OR LOSS OF BUSINESS OR DATA), EVEN IF WE OR ANY SUCH OTHER PERSON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Without limiting the foregoing, you agree that the entire aggregate liability of Beaufort and our owners, affiliates, directors, employees or agents, if any, arising out of any kind of legal claim (whether in contract, tort or under any other legal theory) arising out of or relating to the Site will not exceed the amount you paid, if any, for the use of the Site out of which such liability allegedly arises.

Because some states/jurisdictions may not allow the exclusion or limitation of liability for consequential or incidental damages, some of these limitations may not apply to you.

INDEMNIFICATION

You hereby release and agree to indemnify, defend and hold harmless Beaufort and our owners, affiliates, subsidiaries, and all of our respective officers, agents, partners, and employees from and against any and all claims, costs, demands, losses, damages and expenses, including, without limitation, attorneys’ fees, arising from or relating to: (1) your breach of these Terms of Use or any matter for which you are responsible or liable under the terms of these Terms of Use, (2) your violation of the rights of a third party, including but not limited to intellectual property rights; or (3) any overt harmful act toward any other user of the Site with whom you connected via the Site.  If you are a California resident, you hereby waive California Civil Code Section 1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.

YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE.

You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.  You further waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

MISCELLANEOUS

These Terms of Use, together with our Privacy Policy and any other policies or operating rules posted by us on the Site, constitute the entire agreement and understanding between you and us regarding the access and use of our Site and information therein. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision.

These Terms of Use are governed by the laws of the Commonwealth of Virginia, U.S.A. You hereby consent to the exclusive jurisdiction and venue of state and federal courts located in the City of Virginia Beach, Virginia, U.S.A., for all disputes arising out of or relating to these Terms of Use your use of the Site or the information, products or services available through the Site. Use of the Site or the information, products or services available through the Site is not authorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation this paragraph.

These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.

If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions.

There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them.

CONTACT US

If you have any questions regarding these Terms of Use or our Site generally, please contact us at:

Beaufort, LLC

4433 Corporation Lane

Suite 100

Virginia Beach, VA 23462

[email protected]