Last updated: 31 January 2022
Beyond Meat reserves the right to modify or update this Agreement and Website from time to time to ensure that they accurately reflect our services, products and practices at all times, for safety reasons, and as required by law. The version of this Agreement that is in effect at the time you access our Website shall apply. Please consult the Agreement every time you access the Website. The top of the Agreement will indicate the date on which it was last updated. If you are a registered user of our Website, we will notify you (as described in section 8 below) of any changes to this Agreement as they apply to you within a reasonable time before these changes become effective, unless they do not have an impact on your rights and obligations under this Agreement. Your continued use of the Website after any such changes constitutes your acceptance of the changes. If you are a registered user and disagree with the revised Agreement, you may terminate this Agreement immediately by closing your account through the account settings.
We may permanently or temporarily terminate or suspend your access to the Website without notice and liability if you violate any provision of this Agreement and/or applicable law. We may otherwise terminate this Agreement with reasonable notice to you. If you are a registered user and disagree with the revised Agreement, you may terminate this Agreement at any time by closing your account.
1. Use of Our Site
This is a contract between you and Beyond Meat. You must read and agree to this Agreement before using the Website. You may use the Website only if you can form a binding contract with Beyond Meat, and only in compliance with this Agreement and all applicable laws, rules and regulations
B. Access to the Site
Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Website for your personal, noncommercial use only and as permitted by the features of the Website. Beyond Meat reserves all rights not expressly granted herein in the Website and Beyond Meat Content (as defined in section 2 below). Beyond Meat may terminate this license at any time for any reason or no reason.
C. Site Rules
You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Website in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Website in a manner that sends more request messages to the Beyond Meat servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that Beyond Meat grants the operators of public search engines revocable permission to use spiders to copy publicly available materials from Beyond Meat.com for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Website; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Website; (vii) collecting or harvesting any personally identifiable information from the Website; (viii) using the Website for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Website; (xi) accessing any content on the Website through any technology or means other than those provided or authorized by the Website; or (xii) bypassing the measures we may use to prevent or restrict access to the Website, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Website or the content therein.
2. Our Proprietary Rights
The Website and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, and music belonging to other Users (the “Beyond Meat Content”), and all Intellectual Property Rights related thereto, are the exclusive property of Beyond Meat and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Beyond Meat Content. Use of the Beyond Meat Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
You may choose to or we may invite you to submit comments or ideas about the Website, including without limitation about how to improve the Website or our products (“Ideas”). We only accept unsolicited Ideas whose disclosure is gratuitous and without restriction and will not place Beyond Meat under any fiduciary or other obligation, and that we are free to use without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. By acceptance of your submission, Beyond Meat does not waive any rights to use similar or related ideas previously known to Beyond Meat, or developed by its employees, or obtained from sources other than you.
3. THIRD-PARTY LINKS AND INFORMATION
You agree to defend, indemnify and hold harmless Beyond Meat and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorney’s fees) arising from: (i) your use of and access to the Website, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) your willful misconduct; or (vi) any other party’s access and use of the Website with your unique username, password or other appropriate security code that is (fully or partially) a result of your action or inaction.
5. LIMITED WARRANTY AND LIABILITY
If you are a consumer, you have the warranty rights under Sec. 433 et seqq. BGB, as modified by Sec. 474-479 BGB.
Claims for damages are subject to the following limitation of liability: Beyond Meat will not be responsible for any loss that is atypical and not foreseeable. However, nothing in this Agreement, including the limitation of liability pursuant to the foregoing sentence, is intended to exclude or limit Beyond Meat’s liability for death, personal injury, fraudulent misrepresentation caused by Beyond Meat’s negligence, gross negligence or willful misconduct (grobe Fahrlässigkeit), any guarantees given by Beyond Meat or to affect your mandatory rights, including rights you may have under the Product Liability Act (Produkthaftungsgesetz).
The Website is controlled and operated from facilities in the United States. You may not use the Website if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government.
6. GOVERNING LAW, ARBITRATION, AND CLASS ACTION/JURY TRIAL WAIVER
A. Governing Law. This Agreement shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. If you are a consumer in the European Economic Area or United Kingdom, you may be afforded additional protections under the law of your habitual residence irrespective of the above choice of law, which for Germany includes including Sec. 433 et seqq. and Sec. 474-479 BGB if you are resident in Germany.
The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. If you are a business customer (Sec. 14 BGB), you agree to submit to the personal jurisdiction of the federal and state courts located in Los Angeles County, California for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, including any provisional relief required to prevent irreparable harm. You agree that Los Angeles County, California is the proper forum for any appeals of an arbitration award or for trial court proceedings.
If you are a consumer in the European Economic Area or United Kingdom, the above mandatory arbitration provision does not apply to you and you may bring a claim relating to this Agreement before the competent court of your place of habitual residence or the competent court of Beyond Meat's place of business in Los Angeles County, California. Also, as a consumer, you can access the European Commission’s online dispute resolution platform here: https://ec.europa.eu/consumers/odr. Please note that Beyond Meat is not committed nor obliged to use an alternative dispute resolution entity to resolve disputes with consumers.
A .Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Beyond Meat as permitted by applicable law. Any attempted transfer or assignment in violation hereof shall be null and void.
B. Entire Agreement/Severability. This Agreement, together with any amendments and any additional agreements you may enter into with Beyond Meat in connection with the Website, shall constitute the entire agreement between you and Beyond Meat concerning the Website. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
C. No Waiver. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Beyond Meat’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
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