TERMS OF USE

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. By using this website, you signify your consent to these terms of use. If you do not agree to these Terms of Use, please do not use the website.

Your access to and use of this website, as well as all related websites operated by Beard & Bowler Productions (which includes BeardAndBowler.com, among others) (collectively the “Site”), is subject to the following terms and conditions (“Terms of Use”) and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms of Use and acknowledge that any other agreements between you and the Site are superseded and of no force or effect:

1. You agree that the Site itself, as well as all content, videos, training materials, products, services, and/or other materials made available on the Site by us or others, as well as the look and feel of all of the foregoing, are maintained for your personal use and information by Beard & Bowler Productions, and are the property of the Company and/or its providers. You agree that such content includes all proprietary videos, HTML/CSS, Javascript, graphics, voice, and sound recordings, artwork, photos, documents, and text as well as all other materials included in the Site, excluding only the materials you provide. Subject to your compliance with these Terms of Use, the Company hereby grants you a limited license, which is nonexclusive, nontransferable, and non-sublicensable, to access, view, and use the Site solely for your purposes. No content may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, used for public or commercial purposes, or downloaded in any way unless written permission is expressly granted by the Company. Modification of the content or use of the content for any other purpose is a violation of the copyright and other proprietary rights of the Company and/or other authors who created the materials, and may be subject to monetary damages and penalties. You may not distribute, modify, transmit, or use the content of the Site or any content, including any and all software, tools, graphics, and/or sound files, for public or commercial purposes without the express written permission of the Company.
   
2. All content, such as text, data, graphics files, videos, and sound files, and other materials contained in the Site, are copyrighted unless otherwise noted and are the property of the Company and/or a supplier to the Company. No such materials may be used except as provided in these Terms of Use.
   
3. All trade names, trademarks, and images and biographical information of people used in the content and contained in the Site, including without limitation the name and trademark “Beard & Bowler Productions”, are either the property of, or used with permission by, the Company. The use of content by you is strictly prohibited unless specifically permitted by these Terms of Use. Any unauthorized use of content may violate copyright, trademark, and other proprietary rights of the Company and/or others, as well as the laws of privacy and publicity, and other regulations and statutes. Nothing contained in this Agreement or in the Site shall be construed as granting, by implication or otherwise, any license or right to use any Trademark or other proprietary information without the express written consent of the Company or owner. The Company respects the copyright, trademark, and all other intellectual property rights of others. The Company has the right, but has no obligation, to remove content and accounts containing materials that it deems, in its sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Use. If you believe that your intellectual property rights are being violated and/or that any work belonging to you has been reproduced on the Site or in any content in any way, you may notify the Company.
   
4. While the Company uses reasonable efforts to include accurate and up-to-date information in the Site, the Company makes no warranties or representations as to its accuracy. The Company assumes no liability or responsibility for any errors or omissions in the content of the Site.
   
5. When you register with the Company and/or this Site, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, or other records or correspondence from the Company. You consent to receive notices electronically by way of transmitting the notice to you by email.
   
6. If you send comments or suggestions about the Site to the Company, including, but not limited to, notes, text, drawings, images, designs, or computer programs, such submissions shall become, and shall remain, the sole property of the Company. No submission shall be subject to any obligation of confidence on the part of the Company. The Company shall exclusively own all rights to (including intellectual property rights thereto), and shall be entitled to unrestricted use, publication, and dissemination as to all such submissions for any purpose, commercial or otherwise without any acknowledgment or compensation to you.
   
7. The Company shall use commercially reasonable efforts to restrict unauthorized access to our data and files. However, no system, whether password protected or not, can be entirely impenetrable.
   
8. The Company is committed to not intentionally disclosing any personally identifying information about you to outside entities, unless it is believed in good faith that such disclosure is required to adhere to legal obligations or to enforce these Terms of Use. By utilizing the Site, you are expressing your agreement with the Company’s Privacy Policy. Should you disagree with any aspect of this Privacy Policy, you are advised not to use this Site.
   
9. THE COMPANY AND ANY OTHER PARTY INVOLVED IN THE CREATION, PRODUCTION, OR MAINTENANCE OF THE SITE AND/OR ITS CONTENT SHALL NOT BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE. FURTHERMORE, ALL CONTENT ON THE SITE IS PROVIDED “AS IS” WITHOUT ANY WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT OR REPRESENT THE EFFECTIVENESS, ACCURACY, RELIABILITY, OR CORRECTNESS OF THE MATERIALS ON THE SITE, NOR DOES IT GUARANTEE ANY FINANCIAL OUTCOME FROM USING THE SITE OR THE COMPANY’S TECHNOLOGY OR SERVICES. YOU ARE RESPONSIBLE FOR EVALUATING YOUR OWN EARNING POTENTIAL AND THE EXECUTION OF YOUR BUSINESS AND SERVICES. YOUR SUCCESS AND INCOME LEVEL DEPEND ON YOUR PRODUCTS, IDEAS, TECHNIQUES, BUSINESS PLAN EXECUTION, TIME INVESTMENT, FINANCES, KNOWLEDGE, AND SKILLS, AND VARY WIDELY AMONG INDIVIDUALS. THE COMPANY DOES NOT GUARANTEE THAT THE USE OF THE SITE’S MATERIALS WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF BUGS OR VIRUSES, NOR DOES IT TAKE RESPONSIBILITY FOR ANY SERVICE ISSUES CAUSED BY EXTERNAL WEBSITES OR SERVICE PROVIDERS (E.G., YOUR WEB SERVICE PROVIDER SERVICE, STRIPE PAYMENT SERVICES, OR ANY SOFTWARE UPDATES). ANY ISSUES WITH EXTERNAL SERVICES ARE GOVERNED BY YOUR AGREEMENT WITH THOSE PROVIDERS. NOTE THAT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME EXCLUSIONS MENTIONED MAY NOT APPLY TO YOU.
   
10. THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY EXTERNAL WEBSITE OR SERVICE PROVIDER (INCLUDING, FOR EXAMPLE, YOUR WEB SERVICE PROVIDER SERVICE, STRIPE PAYMENT SERVICES, YOUR SOFTWARE AND/OR ANY UPDATES OR UPGRADES TO THAT SOFTWARE). ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER. THE COMPANY RESERVES THE RIGHT TO DETERMINE, IN ITS SOLE DISCRETION, WHETHER THE COMPANY IS RESPONSIBLE FOR ANY SUCH MALFUNCTION OR DISRUPTION. THE COMPANY ALSO RESERVES THE RIGHT TO LIMIT YOUR USE OF THE SITE AND/OR THE CONTENT OR TO TERMINATE YOUR ACCOUNT SHOULD THE COMPANY DETERMINE THAT YOU HAVE VIOLATED THESE TERMS OF USE, OR THAT YOU HAVE VIOLATED ANY OTHER RULES OR CONDITIONS OF THE COMPANY. THE COMPANY RESERVES THE RIGHT TO REFUSE ACCESS TO THE SITE AND/OR THE COMPANY’S CONTENT, PRODUCTS, AND/OR SERVICES TO ANYONE IN ITS SOLE DISCRETION. THE COMPANY RESERVES THE RIGHT TO DETERMINE, IN ITS SOLE DISCRETION, WHETHER THE COMPANY IS RESPONSIBLE FOR ANY SUCH MALFUNCTION OR DISRUPTION. THE COMPANY MAY, IN ITS SOLE DISCRETION, REFUND THE INITIAL FEE CHARGED FOR ANY USE OF THE SITE AND/OR ANY CONTENT OR A PRO-RATA PORTION THEREOF CONSISTENT WITH THE COMPANY’S REFUND POLICY. THE COMPANY SHALL REFUSE ANY REFUND THIRTY (30) DAYS AFTER YOUR PAYMENT FOR USE OF THE SITE AND/OR ANY CONTENT, EITHER PURSUANT TO THE COMPANY’S CUSTOMER LICENSE AGREEMENT OR OTHERWISE, REGARDLESS OF THE REASON FOR DISRUPTION.
    
11. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, RELIANCE OR CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR NOT, INCLUDING, BUT NOT LIMITED TO, DAMAGE OR LOSS OF PROPERTY, EQUIPMENT, INFORMATION OR DATA, LOSS OF PROFITS, REVENUE OR GOODWILL, COST OF CAPITAL, COST OF REPLACEMENT SERVICES, OR CLAIMS FOR SERVICE INTERRUPTIONS OR TRANSMISSION PROBLEMS, OCCASIONED BY ANY DEFECT IN THE SITE, THE CONTENT, AND/OR RELATED MATERIALS, THE INABILITY TO USE SERVICES PROVIDED HEREUNDER OR ANY OTHER CAUSE WHATSOEVER WITH RESPECT THERETO, REGARDLESS OF THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF THE COMPANY HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
    
12. YOU AGREE TO INDEMNIFY AND HOLD THE COMPANY AND EACH OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS, HARMLESS FROM ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, AND EXPENSES, INCLUDING REASONABLE ATTORNEY’S FEES, ARISING OUT OF OR RELATING TO (I) YOUR BREACH OF THIS AGREEMENT, (II) ANY VIOLATION BY YOU OF LAW OR THE RIGHTS OF ANY EXTERNAL PARTY, (III) ANY MATERIALS, INFORMATION, WORKS, AND/OR OTHER CONTENT OF WHATEVER NATURE OR MEDIA THAT YOU POST OR SHARE ON OR THROUGH THE SITE, (IV) YOUR USE OF THE SITE OR ANY SERVICES THAT THE COMPANY MAY PROVIDE VIA THE SITE, AND (V) YOUR CONDUCT IN CONNECTION WITH THE SITE OR THE SERVICES OR WITH OTHER USERS OF THE SITE OR THE SERVICES. THE COMPANY RESERVES THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE OF ANY CLAIM FOR WHICH WE ARE ENTITLED TO INDEMNIFICATION UNDER THIS SECTION. IN SUCH EVENT, YOU SHALL PROVIDE THE COMPANY WITH SUCH COOPERATION AS IS REASONABLY REQUESTED BY THE COMPANY.
    
13. The provisions of these Terms of Use are for the benefit of the Company, its subsidiaries, and its content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
    
14. This agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. You further submit to the exclusive jurisdiction of the state and federal courts sitting in Orange County, California. 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.
    
15. These Terms of Use may be revised from time to time by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then-current Terms of Use to which you are bound.
    
    
    Last Updated: February 13, 2024