Terms of Use and Privacy Policy

1. ABOUT BOOMM LLC dba BEYARA

Taikun LLC, hereafter referred to as “BOOMM LLC dba BEYARA”, “we”, “us” or “our” in these Terms of Use, operates beyara.com, beyara.com (the “Course Site”) and beyara.com/products/theaviary (the “Membership Site”) (collectively, the “Websites”).

Our postal address is:

53 CALLE PALMERAS, SUITE 601, 
SAN JUAN, PR, 00901

These Terms of Use are a binding contract between you and BOOMM LLC dba BEYARA.  Your access and the Websites, including but not limited to informational and educational content, web applications, formatters, validators, encoders & decoders, converters, cryptography and security tools, string escapers and utilities, data generators and other web resources available on the Websites (the “Contents”), constitute your acceptance of these Terms of Use in their entirety. If you do not agree with any of these Terms of Use, or the documents they refer to, you may not access or view the Websites, nor utilize the Contents in any manner whatsoever.

You represent and warrant that you are an individual of legal age to form a binding contract.

Your usage of BOOMM LLC dba BEYARA’s Websites and Contents is at your own risk, and BOOMM LLC dba BEYARA will not be liable for any damage you suffer as a result of such use. You represent and warrant that you have the legal right to send, upload or otherwise communicate any data or information you communicate to BOOMM LLC dba BEYARA at any time. 

If our Terms of Use change in the future, we will post the revised version on our Websites and update the “Last Updated” date at the top of these Terms of Use. If the changes are significant, you will be notified via email and/or a prominent notice on our Websites. However, you agree to periodically review these Terms of Use to ensure you are operating under the most current version and stay informed of your current rights under the Terms. If you disagree with any changes to these Terms of Use, you will need to stop using the Websites and/or Contents and deactivate your account(s), if applicable, as outlined below.

Continued use after the date of a change to the Terms of Use will constitute acceptance of the Terms of Use as amended on the date of use.

2. PERSONAL DATA AND PRIVACY

BOOMM LLC dba BEYARA is the controller of your personal information, and is responsible for the collection, processing and disclosure of your personal information as described in these Terms of Use, unless expressly specified otherwise. If you have any questions about these Terms of Use or want to exercise your rights hereunder, please email us at [email protected], or write to our Privacy Officer at the address above. 

BOOMM LLC dba BEYARA is committed to protecting and respecting your privacy, and will only use any personal information submitted in conformity with all applicable laws and regulations, and in accordance with these Terms of Use.

Processing activities covered

These Terms of Use apply to the following processing activities:

• Visiting our Websites and accessing our Websites and/or Contents which display or link through to these Terms of Use;
• Registering as a member of BOOMM LLC dba BEYARA, registering for a course offered by BOOMM LLC dba BEYARA or otherwise complete a user profile or other forms via BOOMM LLC dba BEYARA’s Websites;
• Communicating with us to report a problem or to submit queries, concerns or comments regarding BOOMM LLC dba BEYARA’s Websites and/or Contents; 
• Receiving email communications from us; 
• Receiving SMS text messages from us;
• Joining one or more of our online communities, forums, or social media groups, including but not limited to Facebook, Instagram, LinkedIn, and Kajabi community platforms, (the “Online Communities”), and participating in discussions therein, submitting feedback or making other posts in any format whatsoever; and
• Registering for and participating in one or more offline conferences, meetups and other in-person networking and educational activities organized by BOOMM LLC dba BEYARA.

Personal information that we collect

We only collect the personal information that is necessary to carry out our business, provide the service(s) you requested and to keep you informed of the latest news about our services. 

Subject to certain exceptions and limitations, personal information is any information that directly or indirectly identifies, describes, relates to, is capable of being associated with, or can reasonably link to a particular consumer or household. 

The personal information that we collect directly from you may include the following:

• Personal identifiers, which may include, without limitation, email address, name, address, telephone number, education, employment, social media profile pictures and photos (to the extent they are used by you for your User Submissions via Online Communities), credit card number, debit card number, or any other financial information;
• Commercial information, which may include your billing information and purchase history;
• Internet or other electronic network activity information, which may include, without limitation, browsing history, search history, and information regarding interaction with an internet website, application or advertisement;
• Geolocation data, which may include, without limitation, current and historical physical location including the country, state, city, zip code, address and/or location over time; and
• Inferences we make, which may include your likelihood of retention.

Personal information of children

You must be at least 18 years old to create an account with BOOMM LLC dba BEYARA and to sign up for our newsletter. We do not knowingly collect any personal information from children under the age of 18. Those under the age of 18 should not use the BOOMM LLC dba BEYARA’s Websites or Contents, or provide us with any personal information. We encourage parents and legal guardians to monitor their children’s Internet usage.   If you have reasons to believe that a child under the age of 18 has provided personal information to us, please email us at [email protected].

Device and usage data

We use common information-gathering tools, such as log files, cookies, web beacons, and similar technologies to automatically collect information, which may contain personal information, from your computer or mobile device as you navigate our Websites and Contents or interact with emails we have sent to you.

As is true of most websites, we gather certain information automatically via log files. This collected information may include your Internet Protocol (IP) address (or proxy server), device and application identification numbers, your location, your browser type, your Internet service provider and/or mobile carrier, the pages and files you viewed, your searches, your operating system and system configuration information, and date/time stamps associated with your usage.

This information is used to comply with data contracts, treaties, national laws, and regulations, analyze overall trends to help us provide and improve our Websites and Contents, and to guarantee their security and continued proper functioning. We also collect IP addresses from users when they log into the services as part of the BOOMM LLC dba BEYARA’s security features.

We use cookies and similar technologies such as web beacons, tags, and Javascript alone or in conjunction with cookies to compile information about usage of our Websites and Contents and interaction with emails from us.

When you visit our Websites, our servers or an authorized third party may place a cookie on your browser, which can collect information, including personal information, about your online activities over time and across different sites. Cookies help us ensure our Websites are not misused by bots and prevent account login information sharing.

We use both session-based and persistent cookies. Session cookies exist only during one session and disappear from your computer or device when you close your browser software or turn off your computer. Persistent cookies remain on your computer or device after you close your browser or turn off your computer or device. Most web and mobile device browsers automatically accept cookies but, if you prefer, you can change your browser to prevent that or to notify you each time a cookie is set by using the opt-out tool at www.optout.networkadvertising.org.  You can also learn more about cookies by visiting www.allaboutcookies.org which includes additional useful information on cookies and how to block cookies using different types of browser or mobile device. Please note, however, that by blocking or deleting cookies used on BOOMM LLC dba BEYARA’s Websites and Contents, you may not be able to take full advantage of the Websites and Contents.

We partner with a third-party ad network to either display advertising on our Websites or to manage our advertising on other sites. Our ad network partner uses cookies and Web beacons to collect non-personal information about your activities on this and other websites to provide you targeted advertising based upon your interests, which is called online behavioural advertising. If you wish to not have this information used for the purpose of serving you targeted ads, you may opt-out by using the specific opt-out mechanism at www.optout.networkadvertising.org. Please note this does not opt you out of being served advertising. You will continue to receive generic ads.

In addition to using third parties to assist us in serving advertisements, we also use third parties, such as Google and Meta, to track aggregated and/or anonymized site usage statistics, distinguish users, manage subscriptions to our mailing list, manage browsing device information and know what pages, contents and activities users have done for site analytics and performance measurement. Please note that we do not control these third-party technologies, and their use is governed by their respective privacy policies and cookie policies. For your convenience, Google and Meta’s current cookie policies are available here and here, respectively. We strongly encourage you to familiarize yourself with such policies prior to and when using the Websites.

Social Media Features  

Third parties with whom we work may also provide us with information about you. We may combine the information you have given to us with additional information made available by external sources. For example, depending on your settings or the privacy policies for social media and messaging services like Facebook or Instagram, you may give us permission to access information from those accounts or services. Please verify the privacy policies of these third parties before submitting your personal information to them.

Conversely, we may use social media features, such as the Facebook and Instagram “like” buttons and other sharing widgets (“Social Media Features”). You may be given the option by such Social Media Features to post information about your activities on a website to a profile page of yours that is provided by a third-party social media network in order to share with others in your network. Social Media Features are either hosted by the respective social media network or hosted directly on our Websites. To the extent the Social Media Features are hosted by the respective social media networks, the latter may receive information that you have visited our Websites from your IP address. If you are logged into your social media account, it is possible that the respective social media network can link your visit of our website with your social media profile. Your interactions with Social Media Features are governed by the privacy policies of the companies providing the relevant Social Media Features.

Online Communities Posts and Marketing Policies

By choosing to join and engage in BOOMM LLC dba BEYARA Online Communities, you acknowledge that the content you post or otherwise submit thereto, including but not limited to text, comments, images, and videos  (“User Submissions”), is not confidential and may be visible to other members and, in some cases, the public. Any personal information contained in the User Submissions may be read, collected, and/or used by others, depending on your account settings. You agree to hold all Indemnified Parties, as defined hereinbelow, harmless for any disclosures of personal information submitted by you as User Submissions.

BOOMM LLC dba BEYARA may use your User Submissions for advertising and marketing purposes in accordance with these Terms of Use. Use may include but shall not be limited to featuring or otherwise including User Submissions in promotional emails, on website pages, on social media, in advertisements, marketing campaigns and other public-facing content. If your User Submission is selected for use, BOOMM LLC dba BEYARA may credit you by name unless you have explicitly requested anonymity by emailing [email protected]. If you do not wish for your User Submissions, anonymized or otherwise, to be used for marketing purposes, you may opt-out by emailing [email protected] and/or by adjusting your privacy settings within the relevant Online Communities, to the extent it is allowed by the applicable third-party platform(s). Please note that your User Submissions viewable to the general public may still be used under the license granted under these Terms of Use. 

Purposes for which we process personal information and the legal basis on which we rely

We collect and process your personal information for the purposes and on the legal basis identified below:

• Providing our services and performing contracts: We use your personal information to enable us to operate and administer our Websites and Contents, and to perform any contract with you to provide you with content you access and service you request according to any applicable terms of service;
• Managing user registrations: We will process your personal information by managing your user account for the purpose of performing the contract with you according to any applicable terms of service, and relevant national laws and regulations;
• Handling contact and user support requests: If you contact us by any available means, we will process your personal information to the extent it is necessary to fulfill your request and communicate with you;
• Marketing purposes: If your User Submission is selected for promotional use by our team according to our marketing policies mentioned above, we will process your personal information to the extent it is included in the User Submission and deemed necessary for the marketing campaign until you withdraw your consent in accordance with our Online Communities Posts and Marketing Policies under these Terms of Use; 
• Developing and improving our Websites and Contents: We will process your personal information to analyze trends and track your usage of our Websites and Contents, and interactions with emails to the extent this is necessary for us to develop and improve our Websites and Contents and to provide our users with more relevant content;  
• Sending communications: We will process your personal information to send you the latest updates about us, including information about our service, by email or SMS text message to the extent you have provided your prior separate consent;
• Complying with legal obligations: We will process your personal information when cooperating with public and government authorities, courts, or regulators in accordance with our legal obligations under applicable laws to the extent this requires the processing or disclosure of personal information to protect our rights, and is necessary for our legitimate interests to protect against misuse or abuse of data hosted on our Websites, our data, our Websites, to protect personal property or safety, to pursue remedies available to us and limit our damages, to comply with judicial proceedings, court order, or legal process, and/or to respond to lawful requests.

Where we need to collect and process personal information by law, or under a contract we have entered into with you and you fail to provide that required personal information when requested, we may not be able to perform the contract.

Where your personal information is anonymized or de-identified, we do not require a legal basis to use it as the information will no longer constitute personal information under the applicable data protection law. Our use of anonymized or de-identified data is not subject to these Terms of Use.

Service Providers 

Your personal information may be collected, transferred to, and stored by us in the United States of America. We will use reasonable means to ensure that personal information is protected regardless of where your personal information may be located.

We may transfer personal information to non-affiliated service providers in providing the services, such as IT and system administration and hosting, research and analytics, marketing, account management, technical operations, credit card processing and email service providers to send out emails on our behalf, pursuant to agreements that prohibit the service providers from using or disclosing the personal information other than for the purpose of processing and which impose security safeguards appropriate to the sensitivity of the information. The names, addresses and contact information of our contracted service providers whose are reproduced below.

We may disclose aggregate statistics about our users in order to describe our business to prospective partners, advertisers, sponsors and other reputable third parties and for other lawful purposes, but these statistics will include no personally identifiable information. We may disclose your personal information to any of our affiliates, or to our agents or contractors who assist us in providing our services, processing transactions, receiving and sending communications, updating marketing lists, analyzing data, providing IT and other support services, or in other tasks, from time to time. Our agents and contractors will only use your information to the extent necessary to perform their functions. In the event of a sale of all or substantially all of our business or another similar transaction, we may transfer or disclose your personal information to a purchaser or prospective purchaser, who may collect, use and disclose such information for the purposes of evaluating the proposed transaction or operating and managing the affairs of the acquired business, or for other purposes identified in these Terms of Use.

We reserve the right to disclose your personal information as required by law, and as necessary to protect the property, interests and rights of BOOMM LLC dba BEYARA.

In individual cases, we may also share personal information with professional advisers acting as processors or joint controllers including lawyers, bankers, auditors, and insurers based in countries in which we operate, who provide consultancy, banking, legal, insurance, and accounting services.

The BOOMM LLC dba BEYARA Websites and Contents may contain links to websites operated by third parties. These websites may collect your personal information. These Terms of Use do not apply to the practices of third parties and we do not assume any responsibility for, and by using our Websites and Contents and/or accessing a third party’s website from our Websites and Contents, you release us of any responsibility for, the actions, practices and omissions of third parties. Please check the privacy policy at each website you visit.

Beyara Text Program 

We operate a marketing text message program (“Beyara Text Program”), to keep you informed of events and special offers.  The Beyara Text Program is subject to these Terms of Use and Privacy Policy, as applicable.

By opting into the Beyara Text Program, you consent to be sent periodic auto-dialed and/or non-autodialed text messages to the telephone number provided.  By providing a telephone number to us, you confirm that you have the authority to grant us the right to send text messages to that telephone number. You will receive an average of two (2) messages per week during the hours permitted by law.

You may opt out of receiving messages at any time by replying “STOP” to any message you receive. After this, you will no longer receive messages. You can receive assistance or obtain more information at any time by replying “HELP” to any message you receive or by contacting us at [email protected]. 

While the Beyara Text Program is free, your wireless carrier's normal, messaging, data and other fees may apply. Carriers are not liable for delayed or undelivered messages. Please contact your wireless carrier for information about your messaging plan. 

Telephone Communication  

We use telephone calls as an important way of staying in contact and communicating with customers. By providing us with your telephone number when prompted, you acknowledge that we may contact you via telephone (either by a live person, automatic dialer, prerecorded message or a combination of the foregoing) to discuss our products, services and events and that you consent to receive such phone calls at the telephone number provided. 

Telephone calls will not be placed before 8:00 a.m. or after 9:00 p.m. in the local time. At the beginning of every call, the caller shall clearly state; (i) his or her first and last name; (ii) that he or she is calling on behalf of BOOMM LLC dba BEYARA; (iii) the nature of the call; (iv) the telephone number and (v) the address at which Semi-Retrired MD may be contacted.

We do not place calls to phone numbers appearing on a state or federal Do Not Call list (unless permitted by applicable law) or to the phone number of a person who has requested not to receive telemarketing calls. Certain regulations permit companies to contact their own customers even though they are on a state or federal Do Not Call list (unless permitted by applicable law). Therefore, if you are a customer, you may be contacted even though you are on a state or federal Do Not Call list. If you do not want to be contacted by us, you may do so by notifying the caller or by contacting support by email at [email protected].   We shall maintain an internal Do Not Call list (“Internal DNC List”) of all persons who have requested not to receive telemarketing calls from us.

If you communicate with us by telephone, we may monitor or record the call for business purposes. The recording will be treated as Confidential Information as defined herein. 

Membership and Student Database 

Our membership database on our Membership Site will ask that you provide your full name and your geographic location. Our student database on our Course Site will ask that you provide your full name, email address and investment goal(s). Such information may be accessed by other students. The processing of information in our membership and student databases is based on your consent. Please contact [email protected] if you do not wish to provide us such information, or object to its processing by us.

Retention Of Personal Information

We will keep your personal information only as long as is reasonably necessary for the time consistent with the original purpose of collection or such longer period as may be required by applicable law. We determine the appropriate retention period for personal information on the basis of the amount, nature, and sensitivity of your personal information, the potential risk of harm from unauthorized use or disclosure, and whether we can achieve the purposes of the processing through other means.

Your Access To And Control Over Your Personal Information

You may exercise any of the rights described below by sending an email to [email protected]
or by using the contact information indicated in this section. Please note that we may ask you to verify your identity before taking further action on your request. The verification methods we use may include requests to disclose your first name, last name, email address, location information, security question, account activity and other information. We will process your request within 30 days of receipt.

a) Managing your information

You may access and update some of your information by accessing your account with BOOMM LLC dba BEYARA or any of its affiliates, as applicable. You are responsible for keeping your personal information up-to-date. You can also ask us to correct inaccurate or incomplete personal information concerning you that you cannot update yourself within your account.

b) Access to your information

You have the right to request information about the personal information we hold on you at any time. You can contact us at [email protected] and we will provide you with your personal information via email. If you require additional copies, we may need to charge a reasonable fee.

If you are a Californian resident, once per calendar year, you may request that we provide a list of companies to which we disclose your personal information for business purposes, and a list of the categories of such personal information that we share.  You may request further information about our compliance with this law by emailing [email protected]. Please include “California Privacy Rights Request” in the first line of the description and your California mailing or street address. Please note that we are only required to respond to one request per customer each year, and we are not required to respond to requests made by means other than through this e-mail address nor requests made by non-California US residents. 

c) Right to erasure

If you no longer want us to use your information to provide you with our latest news or any of our services, you can request that we erase your personal information and close your account(s).

Please note, however, that we may retain some of your personal information as necessary for our legitimate interests, such as fraud detection and enhancing security. We may also retain and use your personal information to the extent necessary to comply with our legal obligations, such as keeping information for tax, legal reporting and auditing obligations, as well as professional obligations. Information you have shared with others (e.g. comments, community postings) may continue to be publicly visible. Additionally, some copies of your information (e.g. log records) may remain in our database, but are disassociated from personal identifiers. Residual copies may also be kept in our backup systems. If we have shared your personal information with service providers, we will let them know about the erasure where possible.

d) Right to object to direct marketing

If we rely on your consent as our legal basis for processing your personal information, you have the right to withdraw that consent at any time. If you have already given your consent but you prefer not to receive promotional information from us, you may unsubscribe by using the unsubscribe link situated at the bottom of any promotional message you receive from us, or email us at [email protected].

e) Restriction of processing

You can ask us to block or suppress the processing of your personal information in certain circumstances such as where you contest the accuracy of that personal information or you object to us processing it and we have no legitimate grounds that override yours. Such request alone does not stop us from storing your personal information.

If you are a Californian resident, you have the right to opt-out of the sale of your personal information. Under the California Consumer Privacy Act (the “CCPA”), the “sale” of personal information broadly includes any communication of personal information to any business that is deemed to be a “third party” (as defined in the CCPA) for monetary or other valuable consideration, subject to certain exceptions and limitations.  BOOMM LLC dba BEYARA does not sell personal information. However, if you would like to submit such a request, please send your request to [email protected].

f) Right to portability

Whenever we process your personal information, by automated means based on your consent or based on an agreement, you have the right to get a copy of your personal information transferred to you or to another party. This only includes the personal information you have provided to us.

g) Automated decision-making

You have the right to elect not to be subject to a decision based solely on automated processing, including profiling ("Automated Decision-Making"). BOOMM LLC dba BEYARA’s Websites do not currently use Automated Decision-Making.

h) Consent withdrawal

To the extent we base the collection, processing, and sharing of your personal information on your consent, you have the right to withdraw your consent at any time, without affecting the lawfulness of the processing based on such consent before its withdrawal.

i) Right to non-discrimination

Pursuant to the CCPA, we will not discriminate against Californian residents for exercising any of their rights under the CCPA. Unless permitted by the CCPA, we will not deny you services, charge you different prices or rates for services, impose penalties, provide you with a different level or quality of services, or suggest that you may receive a different price or rate for services or a different level or quality of services for the exercise of your CCPA rights.

j) Authorized agent

If you are a Californian resident, you may use an authorized agent to exercise certain privacy-related requests and rights on your behalf.  The authorized agent’s exercise or request on your behalf sent by mail shall include a power of attorney or a notarized statement properly signed by you appointing such authorized agent for such purpose.  If your authorized agent submits the exercise or request online, a copy of the power of attorney or the original notarized statement shall be sent to us by mail.

k) Questions or complaints

If you have any queries or to make any complaint in relation to these Terms of Use and BOOMM LLC dba BEYARA’s privacy practices, you may write to our Privacy Officer at [email protected] or at the following address:

Privacy Officer

Taikun LLC
53 CALLE PALMERAS, SUITE 601,
SAN JUAN, PR,
00901

Personal Information Security 

We take reasonable precautions to ensure the protection of personal information, collected, used or disclosed by us using appropriate physical, organizational and technological measures. We use industry-standard encryption technologies to receive sensitive data submitted by you on our Websites.

If we become aware of a security breach, we agree to conduct a good faith investigation to promptly determine if personal information has been or will be misused.

In case of a personal data breach that is likely to result in a high risk to your rights and freedoms, we will notify you and the proper authority within 72 hours of becoming aware of the breach and without undue delay. Notification may be delayed where requested by law enforcement for the purpose of an active criminal investigation, but notification will still be provided in the most expedient time and manner possible subject to the circumstances. 

While we follow generally accepted standards to protect personal information, no method of storage or transmission is 100% secure. You are solely responsible for protecting your password, limiting access to your devices, and signing out of websites after your sessions. If you have any questions about the security of our Websites, please contact us using the contact information in the “Questions or complaints” section above.

3. YOUR BOOMM LLC dba BEYARA ACCOUNTS AND MEMBERSHIP

You will need an account and password to access some of BOOMM LLC dba BEYARA’s Contents. You may create your own BOOMM LLC dba BEYARA account at the webpage beyara.com. 

You must protect the security of your account and your password. You acknowledge that you are responsible for the activities that happen on or through your BOOMM LLC dba BEYARA account.

By selecting a product or service from BOOMM LLC dba BEYARA, you agree to pay BOOMM LLC dba BEYARA the one-time and/or monthly or annual subscription fees indicated (additional payment terms may be included in other communications). Subscription payments will be charged on a pre-pay basis on the day you sign up for an upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. 

Refund Policy

Please see BOOMM LLC dba BEYARA Refund Policy for details https://beyara.com/ 


4. NO WARRANTIES AND DISCLAIMER

The Websites and Contents are provided “AS IS”, without any representations or warranties, express or implied. 

Without prejudice to the generality of the foregoing paragraph, BOOMM LLC dba BEYARA does not warrant that:

• The Websites or any Contents contained therewith will be constantly available, or available at all; or
• The information on the Websites or in the Contents is complete, true, accurate or non-misleading.

BOOMM LLC dba BEYARA and its owners, presenters, and employees are not in the business of providing personal, financial, tax, legal or investment advice and specifically disclaims any liability, loss or risk, which is incurred as a consequence, either directly or indirectly, by the use of any of the information contained in the Websites and Contents. BOOMM LLC dba BEYARA, the Websites, and Contents, do not provide any legal, accounting, securities, investment, tax or other professional services advice and are not intended to be a substitute for meeting with professional advisors. If legal advice or other expert assistance is required, the services of competent, licensed and certified professionals should be sought. In addition, BOOMM LLC dba BEYARA does not endorse any specific investments, investment strategies, advisors, or financial service firms.

5. LIMITATIONS OF LIABILITY

BOOMM LLC dba BEYARA will not be liable to you (whether under the law of contract, the law of torts or otherwise) in relation to the use of, or otherwise in connection with, any of the Websites, Contents or Online Communities , either online or offline:

• For any direct loss;
• For any indirect, special or consequential loss; or
• For any punitive, incidental, exemplary or similar damages; 
• For any unauthorized access to or use of servers BOOMM LLC dba BEYARA uses and/or any and all personal information stored therein;
• For any interruption or cessation of transmission to or from our servers;
• For bugs, viruses, Trojan horses, spyware or the like that may be transmitted to or through the servers BOOMM LLC dba BEYARA uses by any third party; and/or
• For any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of our Websites or the information contained therein;
• For any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data; 

In no event shall BOOMM LLC dba BEYARA be liable to you for any claims in an amount exceeding the amount received from you hereunder during the six (6) months preceding the claim giving rise to such liability or USD$100.00, whichever is greater. This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if BOOMM LLC dba BEYARA has been expressly advised of the possibility of such damage or loss. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

Some jurisdictions do not allow the exclusion of implied warranties or the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. These Terms of Use give you specific legal rights, and you may also have other rights, which vary based on the applicable jurisdiction. The disclaimers, exclusions, and limitations of liability under these Terms of Use will not apply to the extent prohibited by applicable law.

BOOMM LLC dba BEYARA is not responsible for any User Submissions on BOOMM LLC dba BEYARA’s Websites or Online Communities, including but not limited to the groups listed at https://www.facebook.com/pg/beyara/ . User Submissions express the views of their authors only. You remain solely responsible for the content of your User Submissions. Note that it is impossible for the staff or the owners of the Online Communities to confirm the validity of posts. BOOMM LLC dba BEYARA does not actively monitor any User Submissions, and as such, is not responsible for the content contained therein.

6. INTELLECTUAL PROPERTY AND CONFIDENTIALITY

The Websites and Contents may contain intellectual property, industrial and other proprietary rights, protected or protectable under the laws of any country, including (a) trade names, trade dress, trademarks, service marks, logos, brand names and other identifiers; (b) copyrights, moral rights, neighboring rights, and related rights; (c) domestic and foreign inventions, patents and the registrations, applications, renewals, extensions and continuations, in whole or in part, thereof (hereinafter “Intellectual Property”), as well as trade secrets, inventions, discoveries, devices, processes, designs, techniques, trade secrets, ideas, know-how and other confidential or proprietary information, whether or not reduced to practice (hereinafter “Confidential Information”). Unless specified otherwise in writing, all Intellectual Property or Confidential Information rights in any element contained in the Websites and/or Contents, shall be the exclusive ownership of BOOMM LLC dba BEYARA.

You may use our Websites only for the purpose of using the Contents as provided, for informational, personal and non-commercial purposes and for no other purpose. No materials from the Websites may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without BOOMM LLC dba BEYARA’s prior written permission. You may not copy or distribute any graphics from the Websites and/or Contents separately from their accompanying text, and you may not quote materials out of their context. The permission to use provided above does not include permission to copy the design elements, look and feel, or layout of the Websites and/or Contents. All rights not expressly granted herein are hereby reserved by BOOMM LLC dba BEYARA. 

Any unauthorized use of the materials appearing on our Websites or in our Contents may violate confidentiality, copyright, trademark, patent, and/or other applicable laws and could result in criminal or civil penalties.

You retain ownership of any intellectual property rights that you hold in your User Submissions.  

By submitting or posting User Submissions in the Online Communities (either directly or through a third-party service), you grant BOOMM LLC dba BEYARA a royalty-free, perpetual, irrevocable, non-exclusive, sublicensable, assignable, unrestricted, worldwide license to use the User Submissions, together with all consents or waivers including a publicity rights waiver and a waiver of moral rights (if any) in favour of BOOMM LLC dba BEYARA necessary to reproduce, distribute, translate, publicly display, transmit, communicate to the public, modify or otherwise act with respect to such User Submissions, by any means and in all media formats and channels now known or hereafter devised in perpetuity, for the purpose of operating, improving and advertising BOOMM LLC dba BEYARA’s business and services, without further notice to, or permission from, you or any other person, and without compensation to you or any other person.  


7. USER CONDUCT AND SUBMISSION STANDARDS

You shall not use, either directly or indirectly, any information obtained via the BOOMM LLC dba BEYARA Websites, Contents or Online Communities, including but not limited to the personal contact information of other BOOMM LLC dba BEYARA members, in order to create similar Websites or Online Communities.  

Any and all User Submissions you make via the Websites, Contents or Online Communities must be lawful, not spammy, and clear of virus or other malware. More specifically, but without limiting the foregoing, they must comply with the following User Submission standards:

• Not contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable;
• Not promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
• Not infringe any patent, trademark, trade secret, copyright or other intellectual property rights of any other person;
• Not violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use;
• Not violate or try to violate the security features of the Websites or Contents;
• Not be likely to deceive any person;
• Not promote any illegal activity, or advocate, promote or assist any unlawful act;
• Not cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person;
• Not be used to impersonate any person, or to misrepresent your identity or affiliation with any person or organization;
• Not involve commercial activities or sales, such as solicitation of business, contests, sweepstakes and other sales promotions, barter or advertising; and
• Not give the impression that they emanate from us or any other person or entity, if this is not the case.

A violation of any of the foregoing is grounds for termination of your right to use or access BOOMM LLC dba BEYARA’s Websites, Contents and Online Communities.

You hereby agree to indemnify, defend and hold harmless BOOMM LLC dba BEYARA and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) from and against any and all liability and costs, including, without limitation, reasonable attorneys’ fees, incurred by the Indemnified Parties in connection with any claim arising out of (i) any breach by you or any user of your account of these Terms of Use and/or (ii) out of the content of your user submissions.  You shall cooperate as fully as reasonably required in the defense of any such claim.  BOOMM LLC dba BEYARA reserves the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

BOOMM LLC dba BEYARA reserves the right to remove or modify any User Submission submitted for any reason without explanation. BOOMM LLC dba BEYARA reserves the right to take action against any account with BOOMM LLC dba BEYARA’s Online Communities at any time.


8. OTHER PARTIES

You accept that BOOMM LLC dba BEYARA has an interest in limiting the personal liability of its officers and employees.  You agree that you will not bring any claim personally against BOOMM LLC dba BEYARA’s directors, officers or employees in respect of any losses you suffer in connection with the Websites or Contents. 

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in these Terms of Use will protect BOOMM LLC dba BEYARA’s directors, officers, employees, agents, affiliates, subsidiaries, successors, sponsors, assigns and sub-contractors as well as BOOMM LLC dba BEYARA.

BOOMM LLC dba BEYARA shall not be responsible, directly or indirectly, for any third-party contests hosted on any of its Websites, or any offline activities not hosted by BOOMM LLC dba BEYARA.

BOOMM LLC dba BEYARA has not reviewed all of the sites linked to the Websites and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by BOOMM LLC dba BEYARA of the site. Use of any such linked website is at your own risk.

9. ADVERTISING AND AFFILIATE PROGRAMS

BOOMM LLC dba BEYARA may be compensated by companies mentioned through advertising, affiliate programs or otherwise on the Websites, without any extra cost to you. Any references to third party products, rates or websites are subject to change without notice. Please do the appropriate research before participating in any third party offers. 

10. WAIVERS

Failure to enforce any right or provision of these Terms of Use will not be considered a waiver of those rights.

11. SEVERABILITY

If any provision of these Terms of Use is or is found to be, (i) unenforceable by any court, administrative body, or tribunal having proper jurisdiction under applicable law and these Terms of Use, or (ii) found to be in violation of or in conflict with any law of any applicable jurisdiction, such determination will not affect the enforceability of the other provisions of these Terms of Use.

12. CLASS ACTION AND JURY TRIAL WAIVER

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS. BOOMM LLC dba BEYARA and you agree that the resolution of any disputes between the parties shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. You and BOOMM LLC dba BEYARA agree that you may bring claims against BOOMM LLC dba BEYARA only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.

Each party irrevocably and unconditionally waives, to the fullest extent permitted by applicable law, any right it may have to a trial by jury in any legal action, proceeding, cause of action, or counterclaim arising out of or relating to these Terms of Use, including any exhibits, schedules, and appendices attached to this agreement, or the transactions contemplated hereby. 

13. GOVERNING LAW

These Terms of Use shall be governed and construed in accordance with the laws of Puerto Rico without regard to the choice of law rules thereof, except to the extent that any of such laws may now or hereafter be preempted by federal law. 

14. ARBITRATION

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 these Terms of Use shall be subject to binding arbitration in accordance with the rules of the American Arbitration Association ("AAA") by one arbitrator appointed in accordance with AAA rules. The arbitration shall take place in San Juan, Puerto Rico in the English language and the arbitral decision should be made according to law and may be enforced in any court. The prevailing party in any action or proceeding to enforce these Terms of Use shall be entitled to costs and attorneys' fees.