Bevco Business Simulation website and all content
The following terms and conditions govern all use of the Bevco Business Simulation (bevcosim.com) website and all content, services available at or through the website, (taken together, the Website). The Website is owned and operated by Experiential Learning Solutions LLC (“ELS”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, ELS’s Privacy Policy) and procedures that may be published from time to time on this Site by ELS (collectively, the “Agreement”).
The following terms and conditions govern all use of the Bevco Business Simulation (bevcosim.com) website and all content, services available at or through the website, (taken together, the Website). The Website is owned and operated by Experiential Learning Solutions LLC (“ELS”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, ELS’s Privacy Policy) and procedures that may be published from time to time on this Site by ELS (collectively, the “Agreement”).
1. Your bevcosim.com Account and Site.
If you create an account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with running the ELS. You must immediately notify ELS of any unauthorized uses of your student account or instructor account, or any other breaches of security. ELS will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
2. Payment and Account Use.
- General Terms. Optional paid services such as creating a company-registered (“Student”) account are available on the Website. By creating an account you agree to pay ELS the subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up and will cover the use of that service until the course you are enrolled in is over.
- Permitted Use. To use the service, you must create an account. Account sharing of any kind is strictly forbidden
- Restricted Use. You may not use the bevcosim.com to substantially replicate products or services offered by ELS, including the republication of bevcosim.com content. If ELS believes, in its sole discretion, that you have violated or attempted to violate these conditions or the spirit of these terms, your ability to use and access the Bevcosim.com may be temporarily or permanently revoked, with or without notice.
3. Responsibility of Website Visitors
ELS has not reviewed, and cannot review, all of the material, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. ELS disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
4. Content Posted on Other Websites.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which bevcosim.com links, and that link to bevcosim.com. ELS does not have any control over those non-ELS websites and webpages, and is not responsible for their contents or their use. By linking to a non-ELS website or webpage, ELS does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. ELS disclaims any responsibility for any harm resulting from your use of non-ELS websites and webpages.
5. Copyright Infringement and DMCA Policy.
As ELS asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Bevcosim.com violates your copyright, you are encouraged to notify ELS in accordance with ELS’s Digital Millennium Copyright Act (“DMCA”) Policy. ELS will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. ELS will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of ELS or others. In the case of such termination, ELS will have no obligation to provide a refund of any amounts previously paid to ELS.
6. Intellectual Property.
This Agreement does not transfer from ELS to you any ELS or third-party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with ELS. ELS, Bevco Business Simulation, Bevcosim.com, and all other trademarks used in connection with Bevcosim.com, or the Website are trademarks or registered trademarks of ELS or ELS’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any ELS or third-party trademarks.
7. Changes
ELS reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. ELS may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
8. Termination
ELS may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Bevcosim.com account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
9. Disclaimer of Warranties
The Website is provided “as is.” ELS and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither ELS nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
10. Limitation of Liability
In no event will ELS, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to ELS under this agreement during the twelve (12) month period prior to the cause of action. ELS shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
11. General Representation and Warranty
You represent and warrant that (i) your use of the Website will be in strict accordance with the ELS Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
12. Indemnification
You agree to indemnify and hold harmless ELS, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
13. Miscellaneous
This Agreement constitutes the entire agreement between ELS and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of ELS, or by the posting by ELS of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Texas, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Bexar County, Texas. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled by arbitration. The arbitration shall take place in San Antonio, Texas, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; ELS may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.