PRIVACY POLICY

& TERMS OF USE

PRIVACY POLICY

This is the Privacy Policy for all web sites or mobile web sites owned or operated by BEI-Beach, LLC (“The Market Common”), including the web site currently located at www.marketcommonmb.com (the “Site“), any applications (e.g., iPhone applications, iPad applications, Android applications, etc.) offered by Bei-Beach, and any other applications, interactive features, blogs, social media platforms, widgets and resources offered by BEI-Beach through traditional Internet websites, mobile devices or other platforms (all of which are collectively referred to as the “Services”).  Your privacy is important to us and we have prepared this Privacy Policy to explain how we collect, use, and protect Personal Information (defined below) and Non-Personal Information (defined below) when you use the Services and your choices for managing your information preferences.  By using the Services, you signify your assent to this Privacy Policy and the Terms of Service posted on the Site [link].

Managing Information Preferences

We will not disclose Personal Information to third parties for their direct marketing purposes without your consent.  If, after providing consent, you want to opt out of having your Personal Information disclosed to third parties for their direct marketing purposes, please let us know by sending us an email at [hello@marketcommonmb.com].

You may review, correct, update, or change your Personal Information at any time by contacting us at:

BEI-Beach, LLC, The Market Common

Attn:  Website Administrator

4017 Deville Street

Myrtle Beach, SC 29577

Email:  hello@marketcommonmb.com

 

Information you choose to Submit

We collect information that personally identifies you, such as your name, address, telephone number, email address, or other data which can be reasonably linked to such information (“Personal Information”) only if you choose to share such information with us.  For example, you may be required to provide us with certain Personal Information to register with the Services, sign up for certain services available through the Services (such as text messages, mobile phone applications, and other communications services), subscribe to a newsletter, enter sweepstakes, contests, or other promotions, and at other times.  The decision to provide this information is optional; however, if you decide not to register or provide such information, you may not be able to use certain features of the Services.

Information we automatically Collect

We automatically collect information that does not reflect or reference an individually identifiable user (“Non-Personal Information”) to help us understand how our users use the Services. Like most Web sites, we automatically collect and use the data contained in log files.  The information in the log files may include your IP (internet protocol) address, your ISP (internet service provider), the Web browser you used to visit the Services, the time you visited the Services, which Web pages you visited on the Services, and other anonymous usage data.

Cookies and Web Beacons

We may use cookies (a small file containing a string of characters that uniquely identifies your Web browser) and Web beacons (an electronic file placed within a Web site that monitors usage).  We may use cookies and Web beacons to improve the quality of the Services.  Most Web browsers are initially set up to accept cookies, but you can reset your Web browser to refuse all cookies or to indicate when a cookie is being sent.  However, certain features of the Services may not work if you delete or disable cookies.  Certain of our Service Providers (defined below) may use cookies and Web beacons in connection with the services they perform on our behalf. Our Services do not respond to web browser “do not track” signals or other mechanisms that provide consumers the ability to exercise choice regarding the collection of Personal Information about an individual consumer’s online activities over time.  Visit www.aboutdnt.com to find out more about “do not track.”

How we use Personal Information and Non-Personal Information

We use Personal Information and Non-Personal Information for internal purposes only, such as to send service notifications, to customize the content you see, to fulfill your requests for products and services, to improve the Services, to conduct research, to solicit your feedback and input about the Services, and to provide more relevant products, services, and advertisements on or through the Services.  Personal Information and Non-Personal Information may be combined with data collected from other sources so that we may further improve the relevance of products, services, and advertisements offered on or through the Services.  We will not sell, share, or rent Personal Information to third parties, and we will not otherwise disclose Personal Information to third parties, without your express permission or as expressly disclosed in this Privacy Policy.

From time to time, we may establish a business relationship with other persons or entities whom we believe trustworthy and whom we have asked to confirm that their privacy practices are consistent with ours (“Service Providers”).  For example, we may contract with Service Providers to provide certain services, such as credit card processing, analytics tools, data management services, Web hosting and Web development.  We provide our Service Providers with the information reasonably necessary for them to perform these services.  Each Service Provider must agree to implement and maintain reasonable security procedures and practices appropriate to the nature of the information involved in order to protect your information from unauthorized access, destruction, use, modification, or disclosure.

We may use, and disclose to third parties, certain Non-Personal Information regarding the Services (e.g., number of visits, page views, number of registered members who reside in a particular geographic location, etc.).  However, such information does not identify you individually.

We may share Personal Information and Non-Personal Information with entities controlling, controlled by, or under common control with BEI-Beach.  In the event that BEI-Beach is merged, sold, or in the event of a transfer of some or all of our assets, we may disclose or transfer Personal Information and Non-Personal Information in connection with such transaction.

In certain instances we may disclose Personal Information and Non-Personal Information when we believe it is necessary to identify, contact, or bring legal action against persons or entities in order to protect BEI-Beach or our users or when we believe that the law or legal process requires such disclosure.

Public Areas

Please be advised that, whenever you voluntarily post information to any community or interactive areas of the Services, such information can and may be accessed by the public.  This means that any person or entity with access to such information can potentially use it for any purpose, including sending unsolicited communications.

Third-Party Services

Through the Services, you may elect to access third-party services and applications, such as Facebook and other social networks.  When you do so, you may be able to import information from those other services and applications and share content with those services.  Some of those third-party services may also provide us with information from your accounts, which may enable us to enhance and personalize your use of the Services.  If you elect to enable or use such third-party services or applications on the Services, the information you share with such third-party services and applications will be subject to their privacy policies and your privacy settings for such services.  You also may be able to control or block such sharing by changing your privacy settings in such services or applications.

Security

Information that we collect is stored on servers that BEI-Beach manages, using standard security procedures and practices appropriate to the nature of the information in an effort to protect information from unauthorized access, destruction, use, modification, or disclosure.  However, no data transmission over the Internet can be guaranteed to be 100% secure.  As a result, while we strive to protect information transmitted on or through the Services, we cannot and do not guarantee or warrant the security of any information you transmit on or through the Services, and you do so at your own risk.

Children’s Privacy Statement.

We do not knowingly collect Personal Information from children under the age of 13.  If we become aware that we have inadvertently received Personal Information from a child under the age of 13, we will delete such information from our records.

Privacy Policy Changes

BEI-Beach may, in its sole and absolute discretion, change this Privacy Policy from time to time. BEI-Beach will post a copy of the Privacy Policy as changed on the Site.  Your continued use of the Services constitutes your agreement to abide by the Privacy Policy as changed.  If you object to any such changes, your sole recourse shall be to cease using the Services.

Effective Date:  [March 10, 2015]

 

 

Terms of Use

Revised:  [March 10, 2015]

These Terms of Use (the “Terms“) govern your use of all web sites or mobile web sites owned or operated by BEI-Beach, LLC (“The Market Common”), including the web site currently located at www.marketcommonmb.com (the “Site“), any applications (e.g., iPhone applications, iPad applications, Android applications, etc.) offered by BEI-Beach, and any other applications, interactive features, blogs, social media platforms, widgets and resources offered by BEI-Beach through traditional Internet websites, mobile devices or other platforms (all of which are collectively referred to as the “Services”).  By using the Site or Services, you agree to these Terms.

Eligibility

You must be at least 18 years old and legally capable of agreeing to this Terms of Use to use the Site or the Services.

Additional Terms

Your use of certain Services on the Site may be subject to additional terms and conditions (“Additional Terms“).  Where Additional Terms apply to a Service, we will make them available for you to read through your use of that Service.  By using the Services, you agree to the Additional Terms.

Use of the Site and Services

You are responsible for your use of the Site and Services. At BEI-Beach, our goal is to create a positive and safe community experience.  To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to BEI-Beach.  When you use the Site or Services, you may not:

  • Violate any law or regulation;
  • Violate or infringe other people’s intellectual property, privacy, publicity, or other legal rights, particularly by interfering, disrupting, or attempting to gain unauthorized access to other accounts on the Site or any other computer network or to portions of the Site that are restricted;
  • Transmit anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;
  • Send unsolicited or unauthorized advertising or commercial communications, such as spam;
  • Disseminate, store, or transmit viruses, trojan horses or any other malicious or unsolicited software;
  • Stalk, harass, or harm another individual;
  • Impersonate or misrepresent your affiliation with someone else, create a false identity or to otherwise attempt to mislead any person as to the identity or origin of any communication;
  • Use any means to “scrape,” “crawl,” or “spider” any Web pages contained in the Site (although BEI-Beach may allow operators of public search engines to use spiders to index materials from the Site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials, and BEI-Beach reserves the right to revoke these exceptions either generally or in specific cases);
  • Use automated methods to use the Site or Services in a manner that sends more requests to the BEI-Beach servers in a given period of time than a human can reasonably produce in the same period by using a conventional Web browser; or
  • Interfere with or disrupt the Site or Services.

User Content

You own all content and information you post or share using the Site or Services (referred to as “User Content“), such as posting or sharing recommendations or comments, photos, and profile information.  You give BEI-Beach permission to use your User Content as follows:  you grant to BEI-Beach and its affiliates a license to use, copy, display and perform your User Content in connection with the Site and Services.  We may display advertisements in connection with your User Content or on pages where your User Content may be viewed by you or others and we may use your User Content to advertise and promote BEI-Beach, the Site or the Services.  Our license to your User Content is non-exclusive, meaning you may use the User Content for your own purposes or let others use your User Content for their purposes.  Our license to your User Content is fully-paid and royalty free, meaning we do not owe you anything else in connection with our use of your User Content.  We may exercise our rights anywhere in the world.  Finally, our license is perpetual, meaning that our license lasts for an indefinite period of time.

You promise that:

  • You own all rights to your User Content or, alternatively, that you have the right to give BEI-Beach the rights described above;
  • You have paid and will pay in full any fees or other payments that may be related to the use of your User Content; and
  • Your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.

We may refuse to accept or transmit User Content.  We may remove User Content from the Site or Services for any reason.

In addition, when you post a review or any other comment regarding our Services, community or any other product or service, you agree to disclose all material connections you may have in relation to the subject of your comment .  A “material connection” is one that could influence the weight or credibility another person would give to the communications or messages made by you.

Product reviews

We make no claims or promises about the quality, accuracy, or reliability of any recommendations, reviews, comments or other content available on or through the Site or Services.  BEI-Beach is not liable for any loss or damage that might arise from your reliance on any recommendations or other content available on or through the Site or Services.

Ownership

Other than User Content, we own or license the content on the Site and Services, including, but not limited to, all product brochures, community and home information contained within or linked into the Site, organization, graphics, design, compilation and other matters related to the Site, software, text, visual and audio content (“Content“), BEI-Beach trademarks, trade names, logos, and brand elements (“BEI-Beach / The Market Common Marks”) and the trademarks, trade names, logos and brand elements of third party products and services that may be offered on the Site or through the Services (“Third-Party Marks“).  The Content, BEI-Beach / The Market Common Marks and Third-Party Marks are protected under U.S. and international laws. The posting of information or materials on the Site by BEI-Beach does not constitute a waiver of any rights in such information and materials. We reserve the right in our sole discretion to edit or delete any documents, information, product and service descriptions, terms and other information provided herein are subject to change without notice.

Feedback

We always welcome and appreciate your feedback and suggestions about BEI-Beach / The Market Common.  You understand that we cannot necessarily respond to or implement feedback or suggestions, but if we do, you understand and agree that we may use them without compensation to you.

Digital Millennium Copyright Act

BEI-Beach respects the intellectual property rights of others.  Upon proper notice, BEI-Beach will remove User Content or other applicable content that violates copyright law and terminate the accounts of repeat infringers.  Pursuant to 17 U.S.C. § 512, BEI-Beach has implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law.  If you believe your work has been copied in a way that constitutes copyright infringement, please send BEI-Beach copyright agent (listed below) a notification of claimed infringement with all of the following information:

  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
  • Identification of the claimed infringing material and information reasonably sufficient to permit BEI-Beach to locate the material on the Site;
  • Information reasonably sufficient to permit BEI-Beach to contact you, such as an address, telephone number, and, if available, an email address;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
  • Your physical or electronic signature.

Please send all of the above enumerated information to the following copyright agent:

Faye Capps

1903 Wright Place

Suite 220

Carlsbad, CA 92008

Facsimile No.:  760-798-1785

Email Address:  copyright@hfc-ca.com

 

Please do not send notices or inquiries unrelated to alleged copyright infringement to the designated agent.

Privacy

BEI-Beach respects your privacy.  Our Privacy Policy <link> explains how we collect, use, and disclose information about you.

Links

Our Site and Services may contain links to other Web sites.  A link to a third party’s Web site does not mean that we endorse it or that we are affiliated with it.  We are not responsible or liable for any damage or loss related to the use of any third-party Web site.  You should always read the terms and conditions and privacy policy of a third-party Web site before using it.

Changes and Corrections to the Site or Services

BEI-Beach enhances and updates its Site and Services often.  We may change or discontinue the Site or any Services, with or without notice to you.  BEI-Beach reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.

Termination

We reserve the right not to provide the Site or Services to any user.  We also reserve the right to terminate any user’s right to access the Site or Services at any time, in our discretion.  If you violate any of these Terms, your permission to use the Site and Services automatically terminates.

Disclaimer and Limitations on Our Liability

YOU USE THE SITE AND SERVICES AT YOUR OWN RISK.  THE SITE AND SERVICES AND ALL PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BEI-Beach AND ITS OFFICERS, EMPLOYEES, MANAGERS, MEMBERS, PARENTS, SUBSIDIARIES, CORPORATE AFFILIATES, AGENTS, AND LICENSORS (REFERRED TO COLLECTIVELY AS “AFFILIATES“) DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE AND SERVICES (INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR ARISING OUT OF OR IN THE COURSE OF CONDUCT, TRADE, CUSTOM OR USAGE).

IN PARTICULAR, BEI-BEACH AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE SITE OR SERVICES (INCLUDING, WITHOUT LIMITATION, any REVIEWS, recommendations, COMMENTS or other content available on or through the Site or Services) OR THE CONTENT OF ANY WEB SITES OR RESOURCES LINKED TO THE SITE OR SERVICES.  BEI-BEACH AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY:  (a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (b) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE OR SERVICES; (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL OR FINANCIAL INFORMATION; (d) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE SITE OR SERVICES; (e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE SITE OR SERVICES BY ANY THIRD PARTY; OR (f) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE SITE OR SERVICES.

EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS OR IN ANY APPLICABLE ADDITIONAL TERMS, BEI-BEACH AND ITS AFFILIATES DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY PRODUCT OR SERVICE RECOMMENDED, ADVERTISED OR OFFERED FOR SALE ON OR THROUGH THE BEI-BEACH SITE OR SERVICES OR ANY LINKED WEB SITE.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER BEI-BEACH NOR ITS AFFILIATES WILL BE LIABLE UNDER ANY THEORY OF LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO USE OF THE SITE OR SERVICES.

To the extent BEI-Beach may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of BEI-Beach liability will be the minimum permitted under such law.

Indemnification

You agree to indemnify, defend, and hold harmless BEI-Beach and its Affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, fees of any kind (including reasonable attorneys’ fees and legal costs), arising from or relating to: (a) any information (including your User Content, feedback, or any other content) that you submit, post, or transmit through the Site or Services; (b) your use of the Site or Services by you; (c) your violation of these Terms; or (d) the violation of any rights of any third party, including intellectual property, privacy, publicity, or other proprietary rights by you.  BEI-Beach reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.  If we do assume the defense of such a matter, you will reasonably cooperate with BEI-Beach in such defense.

Other Provisions

Under no circumstances will BEI-Beach be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond its reasonable control.

These Terms will be governed by and construed in accordance with the laws of the State of South Carolina without giving effect to any conflict or choice of laws rules or provisions.

Any controversy, claim, or dispute arising out of or related to these Terms (or the interpretation, performance, or breach of them), the Site or the Services, including but not limited to alleged violations of state or federal statutory or common law rights or duties (a “Dispute”) shall be solely and exclusively resolved according to the procedures set forth in this paragraph.   If we are unable to resolve any Dispute through informal means, either party may initiate binding arbitration of such Dispute.  The arbitration shall be initiated and conducted according to the JAMS/Endispute Comprehensive Arbitration Rules and Procedures in effect as of the date hereof, including the Optional Appeal Procedure provided for in such rules (the “Arbitration Rules”).  The arbitration shall be conducted in Horry County before a single neutral arbitrator appointed in accordance with the Arbitration Rules. The arbitrator’s decision shall be controlled by these Terms and any of the other agreements, including any applicable Additional Terms.  No Disputes may be arbitrated on a class or representative basis. Arbitration can decide only the individual Dispute and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.  BY ENTERING INTO THESE TERMS, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTED WITH THESE TERMS MUST BE ASSERTED INDIVIDUALLY.  The arbitrator shall not have the power to award punitive damages against any party.

If any provision of these Terms is found to be unlawful, void, or unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity or enforceability of any remaining provisions.

The failure of BEI-Beach to enforce any right or provision of these Terms will not prevent BEI-Beach from enforcing such right or provision in the future.

We may assign our rights and obligations under these Terms, including in connection with a merger, acquisition, a sale of assets or by operation of law.

Changes to these Terms

From time to time, we may change these Terms.  If we change these Terms, we will inform you by posting the revised Terms on the Site.  Those changes will go into effect on the Revision Date shown in the revised Terms.  By continuing to use our Site or Services, you agree to the revised Terms.  If you object to any such changes, your sole recourse shall be to cease using the Site and/or Services.