Terms & Conditions

These terms and conditions contain a binding arbitration clause and class action waiver that appreciably impacts your rights related to filing a law suit and resolving disputes. If you live in the United States, please read it carefully.

These terms and conditions (hereinafter, the “Terms”) is a legal contract between Be Here Farm, LLC, (hereinafter, “BHF”, “us”, “our” or “we”) and you, and set forth the terms and conditions which govern your use of any of the BHF web sites (henceforth, the “Web Site”), the content, newsletters, courses, video conferences, audio, text, information, graphics, videos, photographs and other materials (collectively referred to as “Resources”) available on the Web Site, any services offered on the Web Site including physical/digital events offered (hereinafter, the “Services”), including but not limited to the Be Here Man group (“BH MAN”) (collectively with the Web Site, Resources and Services, the “BHF Program”).

SINCE THESE TERMS FORM A LEGAL AGREEMENT YOU SHOULD REVIEW THEM CAREFULLY PRIOR TO USING THE WEB SITE OR ANY PART OF THE  BHF PROGRAM. BY USING ANY PART OF THE BHF PROGRAM, YOU AGREE TO BE BOUND BY THE TERMS SET FORTH HERE. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THE WEB SITE, ANY OF THE BHF PROGRAM OR RESOURCES AND MUST IMMEDIATELY CEASE ANY USE.  BHF MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON NOTICE, WHICH MAY BE ACCOMPLISHED BY POSTING THE MODIFIED AGREEMENT ON BHF’S OR BH MAN’S WEBSITES. WE MAY ALSO NOTIFY YOU OF SUCH CHANGES ELECTRONICALLY. UPON OUR REQUEST, YOU AGREE TO SIGN AN ELECTRONIC (I.E. DOCUSIGN) OR PAPER VERSION OF THIS AGREEMENT. PLEASE CONSULT THESE TERMS FROM TIME TO TIME AS THEY MAY CHANGE.

You affirm that you are 13 years of age or older. Indeed, in order to make a purchase, you must be 18 or older. Subject to these Terms, you may not use the BHF Program if you are unable to form a legal binding agreement with BHF. You agree that you are only authorized use the BHF Program for your own personal use and not for any business purposes without a separate agreement in writing with BHF. You may not purchase any BHF product or service for resale by you or on behalf of any other person. You may not resell, directly or indirectly, any BHF product or service unless you have an explicit written agreement with BHF. Additionally, The BHF Program may contain or communicate content for which you must be a specified age to access and view. By accessing any such materials, you represent and warrant that you are old enough to view such content.

All content posted or accessible through the BHF Program are for informational purposes only and are NOT a substitute for professional medical advice, diagnosis, treatment or a substitute for a medical consultation. Always seek the advice of a licensed physician or other well qualified healthcare provider with any questions you may have regarding a medical condition. You should always consult your physician regarding the specifics of your case. Nothing in the BHF Program, intended to be medical advice, diagnosis or treatment. Reliance on any information provided by BHF, its affiliates, contributors or other users of the BHF Program is solely at your own risk. The BHF Program may contain health- or medical-related materials, or other information which you may find to be explicit or otherwise offensive. No representation or warranty is made, either expressly or implicitly, for the completeness, accuracy, timeliness, usefulness, reliability or adequacy of any materials, resources  information, product or process available at or from BHF Program.

You understand that when using the BHF Program, you will be exposed to content provided by third parties not under our control from a variety of sources ("Third Party Content"), and that BHF is not responsible for the accuracy, completeness, utility, safety, or the protection of intellectual property rights of or relating to such Third Party Content. You further understand and acknowledge that you may be exposed to Third-Party Content that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us, our subsidiaries, members, officers, investors, affiliates and/or licensors with respect thereto, and agree to indemnify and hold BHF its subsidiaries, members, officers, affiliates and/or licensors harmless to the fullest extent allowed by law regarding all matters related to your use of the BHF Program.

 

DISCLAIMER OF REPRESENTATIONS AND WARRANTIES

WE MAKE NO WARRANTY THAT THE BHF PROGRAM WILL MEET YOUR REQUIREMENTS. THE BHF PROGRAM INCLUDING, WITHOUT LIMITATION, ANY RESOURCES, PRODUCTS OR SERVICES PROVIDED IN CONNECTION THEREWITH, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF  MERCHANTABILITY, APPLICABILITY FOR A CERTAIN PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. WE MAKE  NO REPRESENTATION AS TO THE COMPLETENESS, ACCURACY, OR CURRENCY OF ANY INFORMATION ON THE BHF PROGRAM OR ON THE WEB SITE. YOUR USE OF THE BHF PROGRAM IS AT YOUR OWN RISK. WE ALSO DISCLAIM ANY LIABILITY FOR CLAIMS ARISING OUT OF MISUSE, IMPROPER PRODUCT SELECTION, IMPROPER INSTALLATION, PRODUCT MODIFICATION, MISREPAIR OR MISAPPLICATION. BHF DOES NOT WARRANT THAT THE BHF PROGRAM WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  WE MAKE NO REPRESENTATIONS THAT THE BHF PROGRAM ARE COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE PLATFORM, OR THAT WE WILL ENFORCE THE TERMS AGAINST OTHERS TO YOUR SATISFACTION. EFFORTS BY US TO MODIFY THE BHF PROGRAM SHALL NOT BE DEEMED A WAIVER OF THESE LIMITATIONS OR ANY OTHER PROVISION OF THESE TERMS. WE DO NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.

WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE QUALITY OR SUITABILITY OF ANY PRODUCTS, SERVICES OR BUSINESSES THAT MAY BE MENTIONED ON THE WEB SITE OR ON OR THROUGH THE BHF PROGRAM, OR AS TO THE CONDUCT OF OTHER PARTICIPANTS AND USERS  OF THE BHF PROGRAM, INCLUDING WITHOUT LIMITATION SPEAKERS OR PARTICIPANTS IN BH MAN OR OTHER DIGITAL EVENTS. YOU AGREE AND COVENANT TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHERS RELATED TO OR ARISING OUT OF YOUR USE OF THE BHF PROGRAM AND WITH OTHER PERSONS OR ENTITIES WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE BHF PROGRAM, ESPECIALLY IF YOU DECIDE DO BUSINESS OR INTERACT IN PERSON

LAWS IN CERTAIN STATES OR JURISDICTION DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES. TO THE EXTENT THAT WE MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR LIMIT ITS LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY SHALL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.

 

Consent to Electronic Communications

By using the Web Site and/or BHF Program, you agree that BHF may communicate with you electronically regarding your use of the Web Site and the BHF Progmram and that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including any requirement that the communications be in writing.

 

Changes to the BHF Program

We reserve the right to change and improve the features and functionality of the BHF Program at any time, which includes adding, modifying or removing features and functionality, or updating how the BHF Program is/are provided.  Any future release, update, or other addition to the BHF Program shall be subject to these Terms, unless and until an updated set of Terms is posted. Additionally, we reserve the right to suspend or terminate the BHF Program, in whole or in part, for any reason, without notice, at any time.

 

Account Creation

To access and use the BHF Program we may require you to first register for an account (“Account”). You agree to provide accurate, current, and complete information during the registration process, and to update such information to keep it up to date, accurate, and complete.  If you create an Account, you are responsible for maintaining the confidentiality of your account and log in information, and for restricting access to your device(s) and equipment, and you agree to accept responsibility for all activities that occur under your registration, Account and/or login.  Please do not share your Account credentials with anyone.  You represent that you are using your account for a lawful purpose. We reserve the right to restrict and cancel access to BHF Programs, cancel orders, terminate accounts or remove or edit content, in our sole and absolute discretion.


AI and LLM USAGE
Any use of the BHF Program to train, teach, improve (directly or indirectly) or create any machine learning or artificial intelligence (AI) services or related technology and services (including, without limitation, for labelling, classification, and model training), including without limitation, for the development of any program related thereto is prohibited without explicit written permission of BHF.

Limited Non-Exclusive License
In this Agreement we are granting you a limited, personal, non-exclusive and non-assignable license to access the Web Site, use the Services, review the Resources, and participate in physical or digital events such as BH Man; your right to use the Resources is conditioned on your compliance with this Agreement. You have no other rights in the Web Site, Services or Resources. You may not copy, alter, adapt, reverse engineer, modify reproduce, create derivative works of, modify, enhance or in any way exploit the Web Site, the Services, the Resources and the BHF Program in any manner.

If you breach any of the terms of this Agreement, the above license will terminate automatically and you must promptly destroy any downloaded or printed Resources (and any copies thereof).

Not Investment Advice

The discussions and opinions expressed herein are not intended to provide investment, accounting, tax, or legal advice. Nothing in the BHF Program is a recommendation that you purchase, sell or hold any security or other investment, or that you pursue any investment style or strategy.  The BHF Program is presented on an “as is” basis with no warranties, express or implied, of any kind. The BHF Program is for informational purposes only and should not be relied upon when making any investment decision.

 

Infringement Claims (Digital Millennium Copyright Act Notice)

We respect the intellectual property of others and require that you do the same.  In accordance with the Digital Millennium Copyright Act (the “DMCA”) , the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, we will respond to notices of alleged copyright infringement that are duly reported to us by mail at the address below or at love@beherefarm.com. We reserve the right to disable and/or remove access to the Site for users who are infringe or to terminate the rights of any user to access the BHF Program if any such user is either found to infringe third party copyright or other intellectual property rights, or who we believe, in our sole and absolute discretion, are infringing. Upon our receipt of a proper notice of potential infringement under the DMCA, we will respond to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the purported infringer who provided the allegedly infringing content. You should address such notice(s) to:

BE HERE FARM DCMA [PLACE ADDRESS HERE]

9600 Escarpment Blvd

 Unit 745-164

Austin TX 78749


If you believe that content that you or a third party owns has been used via the BHF Program in a way that violates your or another’s copyright or other intellectual property rights, please provide the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • description of the copyrighted work or other intellectual property that you claim has been infringed;
  • description of where the content that you claim is infringing is located;
  • your contact information (address, telephone number, and email);
  • a statement that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
  • a statement, made under penalty of perjury, that the information contained in your report is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.


If you provide a notice of infringement that knowingly materially misrepresents that any content on the BHF Program is infringing upon a copyright, you may be held liable for damages and attorneys’ fees. If you believe that your content, information, or communication has been removed from the BHF Program due to an erroneous claim of infringement, you may have remedies available to you under the DMCA.

Submitted Materials

We cannot agree to obligations of confidentiality, non-use, or non-disclosure with regard to any data, content or materials submitted or provided to or otherwise shared with us. By submitting data, content or materials to us, you (or anyone acting on your behalf) agree that any such information or materials will not be considered confidential or proprietary, and that we are free to use it without condition. In no event will we be limited in, or restricted from, the pursuit of any opportunities, either alone or with third parties.

You are responsible for all information, content, and materials you contribute, disclose, or share in any manner on or through the BHF Program and you represent and warrant you have all rights necessary to do so. You are responsible for all your activity in connection with the BHF Program.

Links
The BHF Program may reference, link to or incorporate other websites, contributors or content provided by third parties, and other websites may link to us. BHF had no control over any such other sources or their content and will have no liability arising out of or related to such sources or their content. The existence of any such link does not constitute an endorsement of such websites, the content of the websites, contributors or the operators of the websites. You release and hold BHF harmless from any and all liability arising from your use of any third-party website or service.

No Business Investment/Employment/Engagement
You acknowledge and agree that neither we nor any other person (including, without limitation, any BHF members, officers, affiliate, or affiliate of our affiliates) is in any way obligated to invest in any business you are associated with or offer you to invest in any BHF entity or affiliate. Further, we makes no representation, warranty, or guarantee that any use of the BHF Program will result in your employment or engagement as a consultant or receiving career development services of any kind.

Supersedes all other Agreements

You and BHF agree that these Terms are the complete and exclusive statement of the mutual understanding between you and BHF and supersede all prior agreements and understandings relating to such subject matter. These Terms are binding on you as well as your successors and permitted assigns, if any. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. For purposes of this Provision, “BHF” means Be Her Farm, LLC and its subsidiaries, affiliates, and each of their respective officers, investors, directors, members, employees, and agents.

Jurisdiction and Governing Law
BHF operates its business from the United States of America and makes no representation or warranty that any of the BHF Program are appropriate or available for use in locations outside the United States. Those who choose to access the BHF Program from other locations do so on their own free will and at their own risk, and are responsible for compliance with any and all local laws, if and to the extent applicable.  BHF reserves the right, at any time in our sole discretion, to limit the availability and accessibility of the BHF Program.

 

The Terms and the relationship between you and BHF shall be governed in all respects by the laws of the State of Texas, without regard to its conflict of law provisions. Any claim or dispute either of us may have against the other that is not subject to arbitration must be resolved by a court located in Travis County, Texas. You agree to submit to the personal jurisdiction of the federal and state courts located within Travis County, Texas for the purpose of litigating all such claims or disputes that are not subject to arbitration.

 

Statute of Limitations

Any cause of action arising out of or related to the Terms or the BHF Program must begin within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred. There may be jurisdictions in which this contractual limit on the statute of limitations does not apply.

Currency
All sales are billed in US Dollars.

NO RETURNS AND REFUNDS
NO RETURNS, NO REFUNDS, NO EXCHANGES. However if we are in error, please contact us at love@beherefarm.com within 14 days of your purchase.

Products and Price Modifications and Shipping and Order Cancellation
You may purchase products through the BHF Program store (“Products”). To do so, you must supply certain information relevant to your transaction, including, without limitation, your credit card number, the expiration date of your credit card, the name on your credit card, and/or your billing address. Once you have submitted your payment information, we or a third party fulfillment partner will authorize the payment and send you a confirmation email.

Purchases of Products and Services are subject to availability and our approval. All descriptions, images, references, features, content, information, specifications, products and prices described or depicted in connection with a Product or Service are subject to change at any time without notice.  We cannot and do not guarantee the accuracy or completeness of any information,     the possession, use and sale of any item purchased from or in connection with the BHF Program.  By placing an order, you represent that the products ordered will be used only in a lawful manner.

 

We reserve the right to modify or cancel orders for any reason, including for typographical, pricing and other errors at any time.  We strive to display as accurately as possible the colors of the products shown; however, we cannot and do not guarantee that your display of any color will be accurate or product packaging will stay constant.  Products and Services shown on the Web Site may not be available and may be replaced or discontinued at any time.  

Products will be shipped in accordance with the shipping method you select when placing the order. All orders will be processed and fulfilled by us or a third party fulfillment partner. You acknowledge that any delivery dates we may provide are estimates only and that you have no claim against BHF for delays or early deliveries. We reserve the right to make deliveries in installments.

BHF is not responsible for:

  • delays due to weather, pandemics, disasters or other unforeseen circumstances;
  • deliveries to incorrect addresses provided by you or the receiver of the product;
  • the receiver of the product not being present at the time of delivery;
  • change in product quality due to an mistaken address supplied by you or the recipient;
  • quality problems caused by improper handling by the receiver or you.

 

Please contact us at love@beherefarm.com for any errors or delivery issues.

We review orders for potential abuses such as fraud.  We reserve the right, in our sole and absolute discretion, to cancel or place restrictions on any order.  We may choose not to disclose the rationale for such cancellation or restriction.  

Termination by BHF
This Agreement shall remain in full force and effect until terminated in as per these Terms. You agree that BHF, in its sole and absolute discretion, may terminate your account, or your use of the BHF Program (in whole or in part), and modify and remove and discard any content from the BHF Program, at any time and for any reason. You agree that any actions taken under this “Termination by BHF” heading may be effective without prior notice to you. Should BHF exercise this right to terminate for convenience, as opposed to your violation of the Terms, BHF will refund prorated basis any unused portion of your subscription, if any.

Limitation of Liability
You agree that under no circumstances shall BHF be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages, costs, attorney’s fees arising out of or relating to these Terms or your access to or use of the Web Site, products, Resources, Services or the BHF Program. For purposes of this Provision, “BHF” means Be Her Farm, LLC and its subsidiaries, affiliates, and each of their respective officers, directors, members, employees, and agents. Additionally, BHF is not liable for damages in connection with (i) any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus or line or system failure; (ii) loss of revenue, anticipated profits, business, savings, goodwill or data; and (iii) third party theft of, destruction of, unauthorized access to, alteration of, or use of your information or property, regardless of our negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort, or any other theory of legal liability. The foregoing applies even if BHF has been advised of the possibility of or could have foreseen the damages. In those states that do not allow the exclusion or limitation of liability for the damages, our liability is limited to the fullest possible extent permitted by law. In no event shall BHF’s aggregate liability to you exceed the total purchase price of your purchase from BHF, and if no purchase has been made by you BHF’s cumulative liability to you shall not exceed $100.

 

NOTWITHSTANDING THE FOREGOING, THESE DISCLAIMERS AND LIMITATIONS OF LIABILITY DO NOT EXCLUDE ANY PRODUCT LIABILITY CLAIMS, STATUTORY CONSUMER RIGHTS, DAMAGES ASSOCIATED WITH PERSONAL INJURY OR RESULTING FROM COMPANY INTENTIONAL MISCONDUCT, RECKLESSNESS, FRAUD, OR GROSS NEGLIGENCE.

Indemnity

To the fullest extent allowed by applicable law you agree to indemnify and hold harmless BHF and the members of its corporate family (i.e., all parents, subsidiaries and affiliates), as well as BHF investors and partners, and their respective agents, partners, employees and contractors from and against any claims, damages, loss, costs, fines, penalties, settlements, expenses, payments or other liabilities, including reasonable attorney’s fees and legal expenses, resulting from (i) your use of and access to the BHF Program; (ii) your violation of any of these Terms; and (iii) your violation of any law or third-party right, including any copyright, trademark, trade secret or privacy right related to your use of the BHF Program. BHF’s subsidiaries, affiliates, and each of their respective investors, officers, directors, members, employees, and agents are intended third-party beneficiaries of this Indemnity provision. For purposes of this Provision, “BHF” means Be Her Farm, LLC and its subsidiaries, affiliates, and each of their respective investors, officers, directors, members, employees, and agents

BINDING ARBITRATION AND CLASS ACTION WAIVER

  1. Initial Dispute Resolution: Most disputes can be resolved without resort to litigation. You can reach us at love@beherefarm.com. Except for intellectual property and small claims court claims, you agree to use your best efforts to settle any dispute, claim, question, or disagreement directly through consultation with us, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.

 

  1. You and BHF agree that all claims, disputes and controversies related to these Terms (each an "Action"), shall be entirely, exclusively and finally resolved by binding arbitration as described herein, which may be initiated by either party by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party shall be final and binding on the other. For purposes of this “BINDING ARBITRATION AND CLASS WAIVER” provision, “BHF” means Be Her Farm, LLC and its subsidiaries, affiliates, and each of their respective officers, directors, members, employees, and agents. 

    III. YOU EXPRESSLY AGREE THAT ANY LEGAL CLAIM, ACTION, DISPUTE OR OTHER CONTROVERSY BETWEEN YOU AND BHF ARISING OUT OF OR OTHERWISE RELATING IN ANY WAY TO BHF, INCLUDING CONTROVERSIES RELATING TO THE APPLICABILITY, ENFORCEABILITY OR VALIDITY OF ANY PROVISION OF THESE TERMS (TOGETHER "DISPUTES"), SHALL BE RESOLVED IN CONFIDENTIAL BINDING ARBITRATION CONDUCTED BEFORE ONE NONALIGNED ARBITRATOR FROM THE AMERICAN ARBITRATION ASSOCIATION ("AAA"), RATHER THAN IN A COURT, AS DESCRIBED HEREIN. THE ARBITRATION WILL BE GOVERNED BY THE AAA'S CONSUMER ARBITRATION RULES PRESENTLY AVAILABLE AT ADR.ORG/CONSUMER ("RULES AND PROCEDURES"). YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY AND KNOWINGLY FORFEITING YOUR RIGHT TO A TRIAL BY JURY AND TO OTHERWISE PROCEED IN A LAWSUIT IN STATE OR FEDERAL COURT. 

    IV. Payment of arbitration costs will be governed by the AAA's fee schedule, unless you are able to show that your portion will be prohibitive as compared to litigation costs, in which case BHF will pay as much of your arbitration costs as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to litigation costs. BHF also reserves the right in its sole and exclusive discretion to assume responsibility for all arbitration costs imposed by the AAA. Each party agrees to pay its own attorneys' fees and expenses unless there is a governing statutory provision that requires the prevailing party to be paid attorneys' fees and expenses. 

    V. The arbitration may be conducted in Austin, Texas or, upon the plaintiff's request, in the city closest to plaintiff's location where AAA maintains an office, unless the parties agree otherwise in writing. The arbitrator's award shall be final and binding on all parties subject to these Terms and may be entered as a judgment in any court of competent jurisdiction. 


    VI.  For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, you may visit the AAA website at www.adr.org. 

    VII.  Notwithstanding anything to the contrary herein, to the extent the Dispute arises from: 
    (i) a violation of your or BHF’s intellectual property rights in any manner; (ii) any claim related to, or arising from, allegations of theft, piracy, unauthorized use or a violation of the Computer Fraud and Abuse Act; and (iii) any claim for equitable relief; then both parties agree that a party may seek injunctive remedies (or an equivalent type of urgent legal relief) in a state or federal court, and both parties consent to exclusive jurisdiction and venue in such courts. In addition to the foregoing, either party may assert an individual action in small claims court for Actions that are within the scope of such court's jurisdiction in lieu of arbitration.

    VIII. To the fullest extent permissible under applicable law, all Disputes shall be resolved by binding confidential arbitration on an individual basis. You expressly agree that no other Disputes shall be consolidated or joined with your Dispute, whether through class arbitration proceedings or otherwise. 

    IX. YOU AND BHF AGREE THAT THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO UTILIZE CLASS ACTION PROCEDURES OR TO BE ARBITRATED ON A CLASS-ACTION BASIS, THERE IS NO AUTHORITY OR RIGHT FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL, AND NO ARBITRATION SHALL BE JOINED WITH ANOTHER ARBITRATION.

    BH Man and Other BHF Digital Events
    BH Man and other digital events can be accessed through desktop or mobile device live and at BHF’s discretion may also become available for a limited time. You are solely responsible for ensuring that you have the necessary internet connection and equipment to access BH Man or other digital events. 


We reserve the right, without any liability, to deny access or eject you from the BH Man or other digital event for failure to adhere to these Terms; or if in our opinion you represent a problem or nuisance.


You are not permitted to make video or audio recordings of the BH Man or other digital events, or take any photographs or screenshots for personal or commercial purposes, unless expressly permitted by BHF. 


You acknowledge and agree that BH Man or other digital events may be filmed by audio, visual, audio-visual or electronic means or photographed, including photographs of individual speakers, participants, guests. You agree to permit BHF, or any party licensed by BHF, to exploit, use and distribute such recordings and photographs, which may include images of you, in all or any forum or media, including social media, whether now known or hereafter to be invented throughout the world in perpetuity for the purposes of promotion, publicity, advertising and otherwise.


Resources provided in connection with BH Man or other digital event may not be reproduced without BHF’s written permission.


BH Man or other digital events may include features allowing participants to ask questions, comment, message and provide other content (together, “Participant  Content”). 

 

BH Man or other digital event may allow all or some participants to access additional features (“Access Features”) that enable them to directly contact other participants or speakers who have access to the same features. 
Participant content may include either: 

(a) Participant Content that is audible or visible to any participant with access to BH MAN or other digital event or any particular session within BH Man or other digital even (“Public Participant Content”); 
(b) Participant Content that is audible or visible only to another participant, host or speaker with access to the Access Features in which it is posted (“Access Content”); or 
(c) Participant Content that is audible or visible only to the individual participant(s) to which it is sent, using any private messaging functionality within BH Man or  other digital event (“Private Participant Content”). 

 

You must not communicate, post, link to or otherwise publish any Participant Content that: 

  • contains any advertising or promotion for goods and services or any spam or other form of solicitations; 
  • is not your own original work or which infringes on any intellectual property or other rights; 
  • contains investment recommendations or which contain confidential information of another party; 
  • is unprofessional, abusive, defamatory, threatening, distasteful, indecent or unlawful; 
  • is discriminatory in nature for example, comments which make attacks on the grounds of race, religion, sex, gender, sexual orientation, disability or age; 
  • confront or attacks any BH Man or other digital event speaker or participant; or
  • contains malware, computer viruses, harmful elements or code.

 

You acknowledge and agree that we cannot control the Third Party Content. so we cannot therefore guarantee the quality, correctness, integrity or quality of any Third Party Content. Some speakers, guests and participants may not act appropriately and may make false, misleading or offensive remarks.


BHF reserves the right to monitor or review any Public Participant Content, Access Content or Private Participant Content, though we are in no obligation, and it may not be possible for us to fully monitor all posts and communications. BHF also reserves the right to review any Private Participate Content pursuant to a complaint.

 

BHF may remove, it is sole and absolute discretion, any content that is objectionable or a potential breach of these Terms. We may also ban a participant from posting any further content or remove that participant from BH Man or other digital event.

If you post or send /any Public Participant Content, you are granting BHF a perpetual unlimited right to publish, reuse, modify, delete or commercially exploit that Public Participant Content in whole or in part as we see fit, without any requirement to pay you and with or without attribution to you. This means that you grant us a worldwide, non-exclusive, perpetual, irrevocable, royalty-free license to use any Public Participant Content you publish in whole or in part in any manner and for any purpose whatsoever and without further obligation to you. You also waive any moral rights that you may have in regard to the Public Participant Content.

 

BH Man or Other Digital Event Speakers

If you are a presenter at BH Man or and other digital event, you acknowledge that any or all of the following may apply to your participation: 

  • You may be photographed and/or recorded (by video and/or audio) during the course of your contribution(s), and BHF may make such recordings or photographs publicly available at its sole and absolute discretion; 
  • BHF may share your contact details with other speakers, sponsors and/or participants; and 
  • BHF may mention you on advertisement and promotions, or on social media channels, with or without your photograph(s)/video(s). 


If you are a speaker at BH Man or any other digital event, it is your responsibility to ensure you have the necessary software, equipment and internet access to participate in the digital event. As a speaker you acknowledge and confirm that your contribution to the Event will comprise your own original content and that you will either own, or have permission to use, any materials you use, distribute or display at BH Man or other digital event.

 

If you have any concerns about the aforementioned any of the above, please speak to BHF team or email love@beherefarm.com  


Changes and Modifications
Dates, times, locations, and structure of the Services, Resources, physical and digital events and the BHF Program are subject to change at BHF’s discretion.

Removal of Participant
BHF reserves the right to remove any participant from the BHF Program, or any part of it, for any reason it deems appropriate.

Transaction Fees
There may be foreign or other transaction fees charged by your credit, debit card provider or bank in connection with your purchase(s), you agree that you will be responsible for any and all such fees.
Payments
If you do not make your payments by the agreed-upon payment terms, then you will be considered in default. You will forfeit any enrollment in the BHF Program. BHF will have the right, to terminate this Agreement, and upon such termination, you will be subject to damages and the forfeiture of all payments made.

General Information and Prohibited Conduct

 

When you access this Site, you agree to comply with these Terms and any other policies or requirements posted on the Web Site.  You agree to abide by all applicable laws, rules, and regulations when registering for, accessing, or using the BHF Program, and may not engage in fraud or misuse of the BHF Program or any conduct that is harmful or harassing.

 

Violating the security of the BHF Program is prohibited and may result in criminal and/or civil liability.  We may investigate incidents involving such violations and may involve, and will cooperate with, law enforcement if a criminal violation is suspected.  Examples of security violations include, without limitation, unauthorized access to or use of data or systems including any attempt to probe, scan, or test the vulnerability of the BHF Program or to breach security or authentication measures, unauthorized monitoring of data or traffic, interference with service to any user, host, or network including, without limitation, mail bombing, news bombing, other flooding techniques, deliberate attempts to overload a system, forging any TCP-IP packet header, e-mail header, or any part of a message header, except for the authorized use of aliases or anonymous remailers, and using manual or electronic means to avoid any use limitations. 

 

Without limiting the foregoing, you must not do (and agree not to do) any of the following:

  • Violate any applicable law or legal requirement.
  • Engage in fraud or misuse of the BHF Program.
  • Engage in conduct that is harmful or harassing.
  • Post, upload, publish, submit, or transmit any content that:
    • Infringes, misappropriates, or violates a third-party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
    • Violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil or criminal liability;
    • Is fraudulent, false, misleading, or deceptive;
    • Is defamatory, obscene, pornographic, vulgar, or offensive;
    • Promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group;
    • Is violent or threatening or promotes violence or actions that are threatening to any other person; Promotes illegal or harmful activities or substances;
    • Constitutes spam, or competes with our business;
    • Contains any computer virus or other malicious code designed to attack, damage, divert, take over, disable, overburden, or otherwise impair the BHF Program.
  • Attempt to scrape or collect any personal or private information from the BHF Program or from other users.
  • Resell the BHF Program, in whole or in part, or any content residing or displayed within or through the BHF Program.
  • Intercept, monitor, damage, or modify any communication not intended for you.
  • Otherwise impersonate or misrepresent your affiliation with any person or entity.
  • Alter the way that an aspect of our Web Site or content is displayed or delivered to other users.
  • Access, tamper with, or use non-public areas of our Web Site.
  • Attempt to probe, scan, or test the vulnerability of the BHF Program or breach any security or authentication measures.
  • Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, by sending a virus, overloading, flooding, spamming, or mail-bombing.
  • Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure intended to protect, limit access to or control the BHF Program.
  • Access the BHF Program if we have requested that you refrain from such access.
  • Attempt to decipher, decompile, disassemble or reverse engineer any of the software or code used to provide the BHF Program.
  • Assist or permit anybody to violate these Terms.

We reserve the right to restrict or block access to the BHF Program for any reason or no reason. You acknowledge that we have no obligation to monitor your access to or use of the BHF Program for violations of the Terms, or to review any content you submit to us. However, we have the right to do so for the purpose of operating and improving the BHF Program (including, without limitation, for fraud prevention, risk assessment, investigation, and customer support purposes), to ensure your compliance with the Terms, and to comply with applicable law or the order or requirement of a court, consent decree, administrative agency, or other governmental body.

 

Privacy Policy

Please review the Privacy Policy [link to privacy policy], which explains our practices relating to the collection and use of your information through or in connection with the BHF Program.  Our use of your information is governed at all times by the Privacy Policy, which is incorporated into these Terms.  You understand that through your use of the BHF Program, you consent to the collection and use of your personal information as set forth in the Privacy Policy.

 

Miscellaneous

These Terms constitute the entire and exclusive understanding and agreement between us and you regarding the BHF Program, and these Terms supersede and replace any and all prior oral or written understandings or agreements between us and you regarding such topic.  Some sections of these Terms shall survive any termination of your Account or any aspect of the BHF Program, e.g., should we cease offering them, including but not limited to Privacy Policy, Consent to Electronic Communications, Changes to the BHF Program, Account Creation, General Information and Prohibited Conduct), Submitted Materials, Infringement Claims (Digital Millennium Copyright Act Notice), Indemnity, Disclaimer of Representations and Warranties, Limitation of Liability, Binding Arbitration and Class Action Waiver, and any other section which on its face was intended to survive the termination or the cancellation of these Terms. If we fail to enforce any part of these Terms, it will not be considered a waiver. Any amendment to or waiver of these Terms by us must be made in a signed writing by us. If any provision of these Terms (or part of such provision) is found to be invalid or unenforceable by any court having competent jurisdiction, then that provision (or part of that provision) shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions — that invalid or unenforceable (part of the) clause will be replaced by a valid and/or enforceable, as the case may be, (part of the) clause which is as close to the intention of the parties as possible. All of our rights and obligations under these Terms including any license rights) are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise. Nothing in these Terms shall prevent us from complying with the law. BHF, its licensors, suppliers, and affiliates hereby reserve all rights not expressly granted to you.