Terms and Conditions

1. Welcome to beacongroupllc.net and beacongroupllc.com, (collectively, the “website”). This page (”Notice”) states the terms and conditions of the website. Please review this Notice carefully. This is an Agreement between you and all persons you represent (and for purposes of this Agreement, “person” includes natural persons and any type of incorporated or unincorporated entity) and Beacon Group, L.L.C., and governs your use of the products and services of Beacon Group, L.L.C, the beacongroupllc.com website and the content, information and services provided through the beacongroupllc.com website. This Agreement also provides benefits to Beacon Group, L.L.C.’s affiliates, third parties, service providers, suppliers and sub-contractors (collectively “Affiliates and Providers”).

(a) License. beacongroupllc.net and beacongroupllc.com website are proprietary to Beacon Group, L.L.C. and is protected by intellectual property laws. Use of beacongroupllc.com website is licensed and not sold. Except as permitted herein, User agrees not to reproduce, duplicate, copy, sell, resell or exploit any portion of Beacon Group, L.L.C. website, or any access to or use of beacongroupllc.com website without Beacon Group, L.L.C.’s prior written consent. Upon the terms and subject to the conditions set forth herein, Beacon Group, L.L.C. agrees to provide User with a personal, non-transferable and non-exclusive license to use Beacon Group, L.L.C. website.

(b) Access. User agrees that Beacon Group, L.L.C. website may be inaccessible or inoperable for any reason, including: (i) equipment malfunctions; (ii) periodic updates, maintenance procedures or repairs which Beacon Group, L.L.C. may undertake from time to time; (iii) causes beyond the control of Beacon Group, L.L.C. or which are not reasonably foreseeable by Beacon Group, L.L.C.; or (iv) at other times at Beacon Group, L.L.C.’s sole discretion.

(c) Disclaimer of responsibility for privacy policy and content at linked sites. Links to sites that are owned and maintained by third parties, or by the U.S. government, may be embedded in Beacon Group, L.L.C. website. Beacon Group, L.L.C. is not responsible for those sites and cannot control the privacy policies or the content of those sites.

(d) Modifications to Service. Beacon Group, L.L.C. reserves the right at any time to modify or discontinue the Service either temporarily or permanently (or any part thereof) with or without notice. You agree that Beacon Group, L.L.C. shall not be liable for you or for any modification, suspension or discontinuance of the Service. Beacon Group, L.L.C. may change, add or remove any part of this Agreement, or any other terms associated with the use of the site, at any time, by posting a notice of such changes to the Terms of Use page on the Web site. Any changes shall become part of the Agreement and shall apply as soon as that notice is posted. By continuing to use Beacon Group, L.L.C. after the notice is posted, you are indicating your acceptance of those changes.

(e) Binding Agreement. These Terms and Conditions, together with all Exhibits to these Terms and Conditions (as they may be amended from time to time by Beacon Group, L.L.C.) form a binding agreement (the “Agreement”) between you and Beacon Group, L.L.C. Your access to or use of the Site indicates your acceptance of these Terms and Conditions. You are agreeing to use the Site at your own risk.

(f) Beacon Group, L.L.C. may revise these terms of service from time to time, at our sole discretion, by updating this posting. Unless otherwise provided below, the revised terms will take effect when they are posted. Your continued use of the Service will signify your acceptance to the modified terms. Please review the terms on this website frequently to look for changes.

(g) YOUR USE OF THE CONTENT, TECHNOLOGY AND SERVICES THAT BEACON GROUP, L.L.C. MAKES AVAILABLE TO YOU ON OR THROUGH THIS WEB SITE INDICATES YOUR ACCEPTANCE OF EVERY PROVISION OF THESE TERMS AND CONDITIONS AND BY THE BEACON GROUP, L.L.C. PRIVACY POLICY. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, YOU MAY NOT USE THIS SITE.

2. SCOPE OF THIS AGREEMENT

This Agreement is in addition to and supplements any written agreements that you or any persons you represent have with Beacon Group, L.L.C. or Affiliates and Providers (now or in the future) concerning your dealings with Beacon Group, L.L.C. or Affiliates and Providers generally.

This Agreement and all other agreements that you or any persons you represent have with Beacon Group, L.L.C. or Affiliates and Providers (now or in the future) together constitute the entire agreement regarding your access to and use of beacongroupllc.com, and supersede all previous agreements (written, oral or otherwise) regarding your access to and use of beacongroupllc.com. In the event of any inconsistency or conflict between the provisions of this Agreement and the provisions of any other agreement that you or any persons you represent have with Beacon Group, L.L.C. or Affiliates and Providers (now or in the future), the provisions of this Agreement shall govern regarding your access to and use of the website.

3(a). PERMISSION TO USE THE WEB SITE

The website may be used only for lawful purposes by persons seeking employment and career information and employers seeking employees. The website may be accessed and used only by individuals who have:

(1) reached the age of majority in their jurisdiction of residence and can form legally binding contracts under applicable law;

(2) accepted this Agreement. Persons using the website must comply with all applicable laws. Beacon Group, L.L.C. may in its discretion refuse permission to access and use the website. If your account is terminated by Beacon Group, L.L.C., You may not re-enroll or join under a new account unless formally invited to do so by Beacon Group, L.L.C.: and

(3) APPROVED TERRITORIES. The Beacon Group, L.L.C. products, services website and Refer a Friend Program are currently available for users based anywhere in the world except those in countries prohibited from doing business with U.S. corporations because of U.S. State Department regulations (such as Iran, North Korea, Syria, etc.).

3(b). SPECIFICALLY PROHIBITED USES.

Beacon Group, L.L.C. specifically prohibits any use of the website for any of the following:

(1) Posting any incomplete, false or inaccurate biographical information or information which is not your own accurate information.

(2) If you commit fraud or falsify information in connection with your Beacon Group, L.L.C. account, your account will be terminated immediately. In addition, you will be liable to Beacon Group, L.L.C. for any and all damages that Beacon Group, L.L.C. suffers as a result of any actions. Beacon Group, L.L.C. reserves the right at this time or at any point in the future, to pursue legal action through State Law Enforcement Authorities as well as the Federal Bureau of Investigation. In addition, Beacon Group, L.L.C. reserves the right to notify your Internet Service Provider, Web Hosting Services Provider, University and/or employer of the fraudulent activity generated by you or through your access to the beacongroupllc.com website and Beacon Group, L.L.C. Refer a Friend program, and through any website you own, operate, access, or are in anyway a member or user.

(3) Unauthorized use of beacongroupllc.com may violate copyright, trademark, and other laws. You may not sell or modify beacongroupllc.com or reproduce, display, publicly perform, distribute, or otherwise use beacongroupllc.com for any commercial or public purpose. The use of beacongroupllc.com content on any other website or in a networked computer environment is prohibited.

(4) Accessing data not intended for such user or logging into a server or account which the user is not authorized to access.

(5) Attempting to scan, or test the vulnerability of the website or to breach security or authentication measures without proper authorization. You agree not to tamper with the proper functioning and tracking of the website, and any and all functions and services provided by Beacon Group, L.L.C. Emulating or “faking” usage and web site visits, will lead to termination of Your account and may lead to legal action.

(6) Attempting to interfere with service to any user or host, including, without limitation, by means of submitting a virus to the website, overloading, “flooding”, “spamming”, “mail bombing” or “crashing”.

(7) Deleting or revising any material posted by any other person or entity.

(8) Acting against the business interests or reputation of Beacon Group, L.L.C.

(9) Copy, modify, reproduce, delete, distribute, download, store, transmit, sell, re-sell, publish, reverse engineer, or create derivative works of any Materials, except for materials that have been submitted and owned by you.

(10) Violate other’s privacy rights or personal rights by abusing the Materials, including, but not limited to, harassing or “stalking” another person, sending unsolicited e-mails, and collecting other’s personal information.

(11) Violate any local, state, and federal rules, regulations and statutes, including, but not limited to, U.S. export laws and regulations, anti-discrimination, or equal opportunity employment laws.

(12) Infringe any intellectual property and privacy rights, including, but not limited to, patent, copyright, trademark, or trade secrets, of any third party;

(13) Otherwise acting unlawfully in relationship to Beacon Group, L.L.C., the beacongroupllc.com. website or any other service rendered by and/or through Beacon Group, L.L.C..

(14) USE OF LINKS. You shall not cause any sales, Leads, or Clicks to be made that are not in good faith, including, but not limited to, using any device, program, robot, iframes, hidden frames, JavaScript popup windows or redirects. You shall not establish or cause to be established any promotion that provides any rewards, points or compensation for Leads or Clicks, or that allows third parties (”Sub-Affiliates”) to place beacongroupllc.com links on its Web site or in its e-mails, unless you receive Beacon Group, L.L.C.’s prior written permission, upon notification to and verification by Beacon Group, L.L.C. Breach of this clause is cause for immediate termination from all Beacon Group, L.L.C. current and future programs, services and affiliate program and/or termination of this Agreement.

(15) any other reason at the discretion of Beacon Group, L.L.C.

3(c). REGISTRATION , SECURITY, PASSWORD AND ACCOUNT CREATION

(1) As a part of the registration and account creation process, you will be assigned a User ID and you will select a password. You will provide Beacon Group, L.L.C. with certain registration information, all of which must be accurate and updated from time to time. To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, You will be solely responsible for maintaining the confidentiality of your information and password. You understand and agree that no data transmitted over the Internet can be 100% secure. As a result, while we strive to protect your personal information, Beacon Group, L.L.C. cannot guarantee the security of any information that you transmit to us and You do so at Your own risk.

(2) You are solely responsible for all usage or activity on your Beacon Group, L.L.C. website account including, but not limited to, all uses of your registration, use of the account by any person authorized by you to use your User ID and password, whether or not authorized by You. You agree to immediately notify Beacon Group, L.L.C. of any unauthorized use of your registration or password by contacting us at admin@beacongroupllc.com.

3(d). NON-TRANSFERABILITY OF SUBSCRIPTION

Your right to use this site is personal to you and you may not sub-license, transfer, sell or assign this agreement to a third party without our approval.

3(e). REFER A FRIEND PROGRAM

(1) Beacon Group, L.L.C. provides the Refer a Friend program on the beacongroupllc.com website, the Refer a Friend control panel, and other Refer a Friend content subject to your compliance with the Terms and Conditions of Beacon Group, L.L.C. BY BECOMING A REGISTERED USER AND ACCESSING THE Refer a Friend CONTROL PANEL, YOU AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF BEACON GROUP, L.L.C. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS CONTAINED HEREIN, YOU MAY NOT ACCESS OR USE THE Refer a Friend CONTROL PANEL OR USE THE Refer a Friend PROGRAM.

(2) Abuse: We reserve the right to refuse to post or to remove any information or materials, in whole or in part, that, in our sole discretion, are unacceptable, undesirable, or in violation of this Agreement. See section 3(b) Specifically Prohibited Uses for more information.

(3) Termination:

(a) The user is free to terminate this agreement at any time without notice by emailing this intention to us at RAF@beacongroupllc.com.. We will then close the account. From time to time we may contact the registered user of the account by email. We may ask that they access the Control Panel to confirm their intention to continue the service. If there is no response, we will issue a final reminder. If there is still no response within 5 days, we reserve the right to close the account. We will always attempt to contact the registered user of the account by email first, but if this fails, regardless of the reason for the failure, and we receive no response, the account will be closed.

(b) Beacon Group, L.L.C. reserves the right to withdraw, either temporarily or permanently, the program at any time without notice. Should the program be discontinued, any in-process referrals will be handled on an individual basis at the sole discretion of Beacon Group, L.L.C.. Beacon Group, L.L.C. also reserves the right to deny payment to any person suspected of abusing the program.

(c) You may not use anyone else’s password or account or act to accrue earnings for anyone else’s account. Violations of this policy will result in all parties accounts being terminated immediately from the Refer a Friend Program, and immediate forfeiture of all past-due, current and future commissions and any and all claims for any payments herein. Violators cannot re-enroll in the Refer a Friend Program.

(d) FRAUD. If you commit fraud or falsify information in connection with your Beacon Group, L.L.C. Refer a Friend account, your account will be terminated immediately. In addition, you will be liable to Beacon Group, L.L.C. for any and all damages that Beacon Group, L.L.C. suffers as a result of any actions. You will also be responsible for returning to Beacon Group, L.L.C. all commissions received for fraudulent members, and Beacon Group, L.L.C. reserves the right at this time or at any point in the future, to pursue legal action through State Law Enforcement Authorities as well as the Federal Bureau of Investigation. In addition, Beacon Group, L.L.C. reserves the right to notify your Internet Service Provider, Web Hosting Services Provider, University and/or employer of the fraudulent activity generated by you or through your access to the beacongroupllc.com website and Beacon Group, L.L.C. Refer a Friend program, and through any website you own, operate, access, or are in anyway a member or user.

(e) Beacon Group, L.L.C. reserves the right, in its sole discretion and without notice, at any time and for any reason, to: (a) remove or disable access to all or any portion of Beacon Group, LLC website; (b) suspend User’s access to or use of all or any portion of Beacon Group, L.L.C. website; terminate any license granted herein; retrieve any material obtained by User from Beacon Group, L.L.C. website; or (d) terminate this Agreement.

(f) If Your account is terminated by Beacon Group, L.L.C., Beacon Group, L.L.C. may refuse to pay some or all of the amounts credited to Your terminated account if such amounts were earned in violation, or after violation, of this Agreement or were otherwise unlawfully obtained by You. Similarly, Beacon Group, L.L.C. will have no obligation to pay You for amounts credited to Your account that were earned in violation or after violation of this Agreement by any of Your direct or extended referrals. If your account is terminated by Beacon Group, L.L.C., You may not re-enroll or join under a new account unless formally invited to do so by Beacon Group, L.L.C.

(4) Recourse: If you are dissatisfied with the Refer a Friend program or with any terms, conditions, rules, policies, guidelines, or practices of Beacon Group, L.L.C. in operating the Refer a Friend program or website, your sole and exclusive remedy is to discontinue using the beacongroupllc.com website.

(5) YOUR RELATIONSHIP TO BEACON GROUP, L.L.C. By filling out the Refer a Friend information, You are applying to receive a service. Your relationship to Beacon Group, L.L.C. is one of an independent contractor and/or customer. No employee-employer relationship is created by Your use of the Refer a Friend Service. You are fully responsible for filing local, state, or federal or any other taxes if applicable on any compensation received as a result of Your participation in the Refer a Friend Service. When/If Your annual affiliate earnings through the Beacon Group, L.L.C. Refer a Friend Service reaches $250.00, Beacon Group, L.L.C. will request Your Social Security or Federal Tax ID number and other appropriate tax-related information to use to comply with federal and state tax regulations. Beacon Group, L.L.C. may not pay out credits earned in excess of the $250 limit without receiving this information from You.

(6) All Active positions on Beacon Group’s Refer a Friend website are eligible for the referral commission. The program applies to full time (38+ hr per week) assignments only. Positions not listed will be categorized upon the sole discretion by Beacon Group. Referring oneself is not a valid referral and will not be eligible for a referral commission.

(7) If you know someone who is qualified for a position represented by Beacon Group, you must enroll them by complete the details using your online Refer a Friend Control Panel by logging into your account and completing the Refer a Friend online form. The referral must be relevant to a positions on the Beacon Group, L.L.C. website.

(8) Your candidate being referred must register with Beacon Group, L.L.C. on our website and submit a resume within 30 days of your registration in the referral program. Any resume received after 30 days will void the commission offer.

(9) Commission Earnings. Your referral must work a in either a Contract or Temporary position a minimum of 38 hours per week for 5 consecutive weeks, or if it your referral results in a direct hire placement, they must be on the job for 90 consecutive days with our client in order for you to be eligible for the commission. There is no limit to how much you can earn, or to the number of friends you may refer. Once a person whom you have referred works either for Beacon for 5 or more weeks, or at a client company resulting from a Beacon direct-hire placement for 90 days, you will earn the bonus amount in accordance to the Bonus Structure. All payments are made within 30 days of earned commissions, and in accordance to the Terms and Conditions of the program.

(10) MAILING OF CHECKS. Currently, the only way to receive compensation from the Beacon Group, L.L.C. Refer a Friend Service is by check mailed via First Class, USPS to the mailing address provided by You in the Refer a Friend membership form. In the future, Beacon Group, L.L.C. may initiate alternative methods of payment (e.g. credit to a credit card) and reserves the right to charge a $25.00 processing fee for continued mailing of checks after that time. Subject to the limitations herein, Beacon Group, L.L.C. will mail a check to You within a reasonable time after You have accumulated at least $150 U.S. currency in Your account.

4. WEB SITE COMMUNICATIONS, ORDERS AND USER SUBMISSIONS

The Website is a portal and information conduit to other web sites and businesses operated by Affiliates and Providers. Affiliates and Providers may be independent from Beacon Group, L.L.C. Their web sites may have different or inconsistent terms of use or privacy policies, and their services may be provided under different terms and conditions. Your dealings with Affiliates and Providers and use of their web sites are at your own risk, and you shall not make any claim against Beacon Group, L.L.C. arising out of those matters. As between you and Beacon Group, L.L.C., the provisions of this Agreement under the Section 7 headed Disclaimer, Liability Exclusion, Liability Limitation, Release and Indemnity apply, with all necessary modifications, to your dealings with any Affiliates and Providers and use of their websites.

By activating certain links, including order-related links, you may be automatically connected with websites operated by Affiliates and Providers. If you use the website to initiate communication regarding your staffing needs, the information you submit may be disclosed to, and processed and responded by, Beacon Group, L.L.C., Affiliates and Providers.

User shall be solely responsible for completely and properly exiting from such secure section of Beacon Group, L.L.C. website at the end of any session. User shall be solely responsible for any authorized or unauthorized access to any secure section of Beacon Group, L.L.C. website through the use of User’s password by any person. User agrees to bear all responsibility for the confidentiality of User’s password. User agrees to change its password if the secrecy of its password is compromised. Beacon Group, L.L.C. reserves the right to reissue or change any password at any time and at Beacon Group, L.L.C.’s sole discretion.

All communications you submit through the website or email must be true, accurate and complete. Beacon Group, L.L.C. and Affiliates and Providers will rely upon the truth, accuracy and completeness of the communications you submit through the Web Site. If you submit any incorrect or incomplete communications, or if any communications are damaged or distorted during transmission to Beacon Group, L.L.C., you and all persons you represent will be liable for any loss, damage or additional costs that you, Beacon Group, L.L.C., Affiliates and Providers, or other persons may incur as a result.

You authorize Beacon Group, L.L.C. and Affiliates and Providers to: (a) accept communications that they receive from you by means of the website or email as if those communications had been given directly by you in writing and signed by you; (b) disclose your communications to any Affiliates and Providers, and Beacon Group, L.L.C. workers by means of the website, email or other communications; and (c) respond to your communications by means of Internet communications, email or other communications. Communications you send to Beacon Group, L.L.C. by means of the website or email are not effective unless and until they are processed by the responsible Beacon Group, L.L.C. representative.

Text Messages. If you provided us with your mobile phone number, you must have a text messaging-enabled mobile device with a text messaging plan in order to receive text messages from us. This service is free from Beacon Group, L.LC. but charges from your carrier for usage may apply and you are responsible for all such charges.

Beacon Group, L.L.C. may refuse to process any communications sent to Beacon Group, L.L.C. by means of the website or email, or may reverse the processing of any communications sent to Beacon Group, L.L.C. by means of the website or email, at any time in Beacon Group, L.L.C.’s discretion, and without any notice or liability to you or any other person, including, without limitation, if:

(a) Beacon Group, L.L.C. cannot process the communications; (b) the communications violate any provision in this Agreement or any other agreement that you or any other person may have with Beacon Group, L.L.C.; (c) Beacon Group, L.L.C. considers that the communications conflict with any other instructions or agreements with you or any person you represent; or (d) there is an operational failure or malfunction in connection with the transmission of the communications.

The Site provides a forum for you to obtain employment and career information. By submitting or entering your information to the Site (”Submitted Material”), you agree that you grant Beacon Group, L.L.C. a perpetual, non-exclusive, irrevocable, royalty free, worldwide license and right, but not the obligation, to use, copy, modify, display, distribute, download, store, reproduce, transmit, publish, transfer, adapt, create derivative works in any manner, in entirety or a portion of, of your Submitted Material, and by any means, forever and worldwide.

You acknowledge and accept that Beacon Group, L.L.C. is only a passive forum for users to obtain employment and career information. Beacon Group, L.L.C. does not screen or monitor any Submitted Materials. Beacon Group, L.L.C., therefore, makes no representation regarding the reliability, accuracy, completeness, validity, or truthfulness of any Submitted Materials. Beacon Group, L.L.C. reserves the right, in its sole discretion, to delete, remove, refuse to display, or block any Submitted Materials that Beacon Group, L.L.C. considers to be unacceptable. In the event Beacon Group, L.L.C. receives notification regarding any unacceptable Submitted Materials, Beacon Group, L.L.C. may investigate such materials, in its sole discretion.

You acknowledge and agree that Beacon Group, L.L.C. may retain copies of your Submitted Materials and disclose your Submitted Materials to a third party if Beacon Group, L.L.C. believes that it is necessary to: (a) protect the integrity of the Site; (b) protect rights of Beacon Group, L.L.C.; (c) comply with any court order; (d) comply with any legal proceedings; (e) assert Beacon Group, L.L.C.’s claim under this Notice; and (f) satisfy any claims regarding violations of third party’s rights.

5. ERRORS

Beacon Group, L.L.C. endeavors to provide accurate information through the website. Nevertheless, errors may occur. Accordingly, Beacon Group, L.L.C. reserves the right to change other information available through the website at any time and from time to time without any notice or liability to you or any other person.

6. NO ADVICE

beacongroupllc.com is not intended to be a comprehensive or detailed statement concerning the matters addressed; investment, tax, banking, accounting, legal, or other professional or expert advice or recommendations. You should seek appropriate, qualified professional advice and recommendations before acting or omitting to act based upon any information provided on or though beacongroupllc.com.

7. EMPLOYMENT

You understand and agree that Beacon Group, L.L.C. (a) does not warrant that you will receive any employment or job offers through the Site; (b) shall not be responsible for any employment offers, employment screenings, employment decisions, and actual employment presented by third parties; (c) does not guarantee the accuracy, completeness, validity, or timeliness of information listed by any third parties; (d) shall not be responsible for any materials posted by third parties, including, but not limited to, job openings and employment listings; and (e) is neither your employer nor your agent in any regard. You shall use your own judgment, caution, and common sense in evaluating any prospective employers and any information provided by any third party.

8. DISCLAIMER, LIABILITY EXCLUSION, LIABILITY LIMITATION, RELEASE AND INDEMNITY

Beacon Group, L.L.C. and Affiliates and Providers do not accept any liability for your use of the website. For that reason, the following provisions apply to your use of the website.

DISCLAIMER

YOUR USE OF THE WEB SITE IS AT YOUR OWN RISK. THE WEB SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION REPRESENTATIONS, WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, DURABILITY, AVAILABILITY, TIMELINESS, ACCURACY OR COMPLETENESS, ALL OF WHICH ARE HEREBY DISCLAIMED BY BEACON GROUP, L.L.C. AND THE AFFILIATES AND PROVIDERS TO THE FULLEST EXTENT PERMITTED BY LAW. THERE WILL NOT BE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS CREATED BY A COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. YOU ARE SOLELY RESPONSIBLE FOR OBTAINING, CONFIGURING AND MAINTAINING ALL COMPUTER HARDWARE, SOFTWARE, TELEPHONE SERVICES, AND OTHER EQUIPMENT AND SERVICES NECESSARY FOR YOU TO USE THE WEB SITE.

THE INTERNET IS NOT A SECURE MEDIUM, MAY BE SUBJECT TO INTERRUPTION AND DISRUPTION, AND INADVERTENT OR DELIBERATE BREACHES OF SECURITY AND PRIVACY. THE OPERATION OF THE WEB SITE MAY BE AFFECTED BY NUMEROUS FACTORS BEYOND BEACON GROUP, L.L.C.’S CONTROL. THE OPERATION OF THE WEB SITE MAY NOT BE CONTINUOUS OR UNINTERRUPTED, SECURE OR PRIVATE.

BEACON GROUP, L.L.C. AND THE AFFILIATES AND PROVIDERS WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS OR DAMAGES SUFFERED BY YOU OR ANY OTHER PERSON AS A RESULT OF ANY FAILURE OR REFUSAL BY BEACON GROUP, L.L.C. TO GIVE EFFECT TO, OR FOR ANY FAILURE OR DELAY BY BEACON GROUP, L.L.C. IN RECEIVING, ACCESSING, PROCESSING OR ACCEPTING, ANY COMMUNICATION SENT TO BEACON GROUP, L.L.C. BY MEANS OF THE WEB SITE OR EMAIL, OR FOR ANY LOSS OR DAMAGES SUFFERED AS A RESULT OF THE OPERATIONAL FAILURE, MALFUNCTION, INTERRUPTION, CHANGE, AMENDMENT OR WITHDRAWAL OF THE WEB SITE OR EMAIL SERVICES.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BEACON GROUP, L.L.C. AND THE AFFILIATES AND PROVIDERS MAKE NO REPRESENTATION, WARRANTY OR CONDITION THAT: (A) THE WEB SITE WILL BE COMPATIBLE WITH YOUR COMPUTER AND RELATED EQUIPMENT AND SOFTWARE; (B) THE WEB SITE WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR WILL BE FREE OF ERRORS OR THAT ANY ERRORS WILL BE CORRECTED; (C) THE WEB SITE WILL MEET YOUR REQUIREMENTS; (D) THE INFORMATION CONTAINED IN THE WEB SITE OR DERIVED FROM THE WEB SITE WILL BE ACCURATE, COMPLETE, SEQUENTIAL, OR TIMELY; (E) CERTAIN OR ANY RESULTS MAY BE OBTAINED THROUGH THE USE OF THE WEB SITE; (F) THE USE OF THE WEB SITE, INCLUDING THE BROWSING AND DOWNLOADING OF ANY INFORMATION, WILL BE FREE OF VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE OR DISRUPTIVE COMPONENTS; OR (G) THE USE OF THE WEB SITE WILL NOT INFRINGE THE RIGHTS (INCLUDING INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON; AND BEACON GROUP, L.L.C. AND THE AFFILIATES AND PROVIDERS DISCLAIM ANY AND ALL LIABILITY REGARDING SUCH MATTERS TO THE FULLEST EXTENT PERMITTED BY LAW.

LIABILITY EXCLUSION

BEACON GROUP, L.L.C. IT’S PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SUPPLIERS AND PROVIDERS WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS OF USE, LOSS OF PRODUCTION, LOSS OF INCOME OR PROFITS (ANTICIPATED OR OTHERWISE), LOSS OF MARKETS, ECONOMIC LOSS, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE OR EXEMPLARY OR PUNITIVE DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, GOODWILL, REVENUE, DATA, OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, BREACH OF WARRANTY,OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, ARISING FROM, CONNECTED WITH, OR RELATING TO THE USE OF THE WEB SITE BY YOU OR ANY OTHER PERSON, AND REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING BY BEACON GROUP, L.L.C. OR ANY AFFILIATE OR PROVIDER OR ANY PERSON FOR WHOM BEACON GROUP, L.L.C. OR AN AFFILIATE OR PROVIDER MAY BE RESPONSIBLE, AND NOTWITHSTANDING THAT BEACON GROUP, L.L.C. OR ANY AFFILIATE OR PROVIDER MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES BEING INCURRED BY YOU OR ANY OTHER PERSON. IN THE EVENT SOME JURISDICTIONS PROHIBIT THE EXCLUSION OF CERTAIN WARRANTIES, THE LIMITATION OF LIABILITY, OR THE DISCLAIMER OF CERTAIN DAMAGES, RHI’S AGGREGATE LIABILITY FOR ANY DAMAGES SHALL NOT EXCEED $10 (US).

YOU FURTHER UNDERSTAND AND AGREE THAT WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL BEACON GROUP, L.L.C., IT’S PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SUPPLIERS AND PROVIDERS’ TOTAL LIABILITY TO YOU OR ANY OTHER PERSON FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, AND COSTS, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, AND REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING BY BEACON GROUP, L.L.C. OR ANY AFFILIATE OR PROVIDER OR ANY PERSON FOR WHOM BEACON GROUP, L.L.C. OR ANY AFFILIATE OR PROVIDER IS RESPONSIBLE, EXCEED $10 (US) OR THE AMOUNT YOU PAID TO BEACON GROUP, L.L.C. FOR THE USE OF THE WEB SITE, WHICHEVER IS LESS.

RELEASE

User releases Beacon Group, L.L.C., its parents, subsidiaries, officers, directors, employees, affiliates and agents from any claim, demand or damages (actual, consequential or punitive) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to User’s use of Beacon Group, L.L.C. website or any form, resource, recommendation, advice, product or service of Beacon Group, L.L.C., or any act of negligence on the part of Beacon Group, L.L.C.

INDEMNITY

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS EACH OF BEACON GROUP, L.L.C. AND THE AFFILIATES AND PROVIDERS AND ALL OF THEIR RESPECTIVE FRANCHISEES, PARTNERS, AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, SERVICE PROVIDERS, SUPPLIERS, SUBCONTRACTORS, LICENSORS AND LICENSEES, AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS (COLLECTIVELY, THE “INDEMNIFIED PARTIES”) HARMLESS FROM AND AGAINST ANY AND ALL LIABILITIES, EXPENSES AND COSTS, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL FEES AND EXPENSES, INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIM OR DEMAND ARISING OUT OF, RELATED TO, OR CONNECTED WITH YOUR USE OF THE WEB SITE OR YOUR BREACH OF THIS AGREEMENT. YOU WILL ASSIST AND COOPERATE AS FULLY AS REASONABLY REQUIRED BY THE INDEMNIFIED PARTIES IN THE DEFENSE OF ANY CLAIM OR DEMAND. ADVICE AND INFORMATION PROVIDED BY BEACON GROUP, L.L.C. OR THE AFFILIATES AND PROVIDERS OR THEIR RESPECTIVE REPRESENTATIVES, WHETHER ORAL OR WRITTEN, WILL NOT CREATE ANY REPRESENTATION, WARRANTY OR CONDITION OR VARY OR AMEND THIS AGREEMENT, INCLUDING THE ABOVE DISCLAIMER, LIABILITY EXCLUSION, LIABILITY LIMITATION, RELEASE AND INDEMNITY PROVISIONS, AND YOU MAY NOT RELY UPON ANY SUCH ADVICE OR INFORMATION.

FAIR ALLOCATION OF RISK AND LIABILITY.

YOUR ACKNOWLEDGE AND AGREE THIS AGREEMENT REPRESENTS A FAIR ALLOCATION OF RISK AND LIABILITY.

OWNERSHIP AND PERMITTED USES OF THE WEB SITE

Copyright © Beacon Group, L.L.C. 2008. All Rights Reserved. The website and all information (in text, graphical, video and audio forms), images, icons, software, designs, applications, calculators, models, data, and other elements available on or through the website are the property of Beacon Group, L.L.C., Affiliates and Providers and others, and are protected by United States and international copyright, trademark, and other laws. Your use of the website does not transfer to you any ownership or other rights in the website or its content.

The website may only be used in the manner described expressly in this Agreement. In particular, except as expressly stated otherwise in this Agreement, the Web Site may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, mirrored or distributed in any way, in whole or in part, without the express prior written consent of Beacon Group, L.L.C.

9. TERMINATIONS

Beacon Group, L.L.C. reserves the right, in its sole discretion and without notice, at any time and for any reason, to:

(a) remove, modify, or disable access to all or any portion of Beacon Group, LLC website;

(b) suspend User’s access to or use of all or any portion of Beacon Group, L.L.C. website;

(d) retrieve any material obtained by User from Beacon Group, L.L.C., or the website;

(e) or, terminate this Agreement.

10. TRADEMARK INFORMATION

Beacon Group, L.L.C.®, beacongroupllc.com, beacongroupllc.net, the Beacon Group Logo, and other marks and logos appearing on the website are registered and unregistered trademarks, trade names and service marks owned or licensed by Beacon Group, L.L.C.. Other product and company names and logos appearing on the Web Site may be registered or unregistered trade names, trademarks and service marks of their respective owners.

Any use of the trade names, trademarks, service marks and logos (collectively “Marks”) displayed on beacongroupllc.com is strictly prohibited. Nothing appearing on the website or elsewhere shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Marks displayed on the website.

11. PERSONAL INFORMATION PRIVACY

Beacon Group, L.L.C. collects, uses and discloses information regarding your use of beacongroupllc.com and your personal information in accordance with the Beacon Group, L.L.C. Privacy Policy. Beacon Group, L.L.C. may change the Privacy Policy from time to time in its discretion without prior notice or liability to you or any other person. By accepting this Agreement, and each time you use the website, you consent to Beacon Group, L.L.C.’s collection, use and disclosure of your personal information in accordance with the Privacy Policy as it then reads without any further notice or any liability to you or any other person.

12. LETTERS TO THE EDITOR OR OTHER SUCH COMMENTS OR MATERIALS

Any comments, materials, or letters sent by you to Beacon Group, L.L.C., beacongroupllc.com, or any of our affiliates regarding the site, including without limitation, questions, comments, suggestions, criticisms or the like (”Received Materials”) shall be deemed to be non-confidential and free of any claims of proprietary or personal rights unless you explicitly state in the correspondence that the letter is “not for publication” and contains “private and proprietary” information that may not be distributed. Beacon Group, L.L.C. shall have no obligation of any kind with respect to such Received Materials and Beacon Group, L.L.C. will be free to reproduce, use, disclose, exhibit, display, transform, edit, abridge, create derivative works from and/or distribute the Received Materials without limitation or restriction. Furthermore, Beacon Group, L.L.C. is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to Beacon Group, L.L.C. for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products using such information, without compensation or any other obligations to anyone, including you.

UNDER NO CIRCUMSTANCES SHALL ANY DISCLOSURE OF ANY SUBMISSION TO BEACON GROUP, L.L.C BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION OR ATTRIBUTION. BY SUBMITTING ANY SUBMISSION TO BEACON GROUP, L.L.C., YOU ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE SUBMISSION AND YOU AGREE THAT ANY SUBMISSIONS BY YOU WILL NOT VIOLATE ANY RIGHT OF ANY THIRD PARTY, INCLUDING COPYRIGHT TRADEMARK, PRIVACY OR OTHER PERSONAL OR PROPRETARY RIGHTS. YOU ALSO AGREE THAT NO SUBMISSION BY YOU WILL BE OR CONTAIN LIBELOUS OR OTHERWISE UNLAWFUL, ABUSIVE OR OBSCENE MATERIAL. YOU ARE AND SHALL REMAIN SOLEY RESPONSIBLE FOR THE CONTENT OF ANY SUBMISSIONS YOU MAKE. YOU REPRESENT AND WARRANT TO BEACON GROUP, L.L.C. THAT BEACON GROUP, L.L.C. IS FREE TO IMPLEMENT THE SUBMISSION IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY BEACON GROUP, L.L.C., WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY. Beacon Group, L.L.C takes no responsibility and assumes no liability for any content submitted or posted by you or any third party.

You can read Beacon Group, L.L.C. privacy statement here.

13. SEVERABILITY

If any provision of this Agreement is found invalid or unenforceable, the provision will be enforced to the maximum extent permissible and the other provisions of this Agreement will remain in force.

14. MISCELLANEOUS

a. Notice. All notices to Beacon Group, L.L.C. shall be in writing by certified mail or commercial delivery service against receipt to Beacon Group, L.L.C. to the attention of the General Counsel, Beacon Group, L.L.C. at 1940 Duke Street, Suite #200 Alexandria, Virginia 22314. Notice to Beacon Group, L.L.C. shall not be by facsimile transmission or e-mail.

b. Law. This Agreement shall be governed by the laws of the State of Virginia applicable to agreements as if made and to be performed wholly within such state, without giving effect to any principles of conflict of laws.

c. Forum; Venue. The parties hereby expressly waive trial by jury in any action, proceeding or counterclaim brought by either of the parties against the other on any matters whatsoever arising out of or in any way connected with these Terms and Conditions and agree to submit to binding arbitration.

d. Entire Agreement. This Agreement constitutes the complete statement of the agreement between the Parties with respect to Beacon Group, L.L.C. website and supersedes any prior or contemporaneous communications, negotiations, representations, statements and understandings, whether oral or written, between the Parties concerning Beacon Group, L.L.C. website.

e. You agree that there is no employment, partnership, agency, or joint venture relationship between you and Beacon Group, L.L.C. arising out of or resulting from your Use of the Site. iIf you view, access, submit, or download materials to and from the Site outside the United States, you will be solely responsible for all your actions and assume all risks. The failure or delay by either party to enforce the terms of this Notice shall not be deemed as a waiver of such term. Sections 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, and 14 shall survive any termination of this Notice for any reasons.

Last updated April 28, 2008