Subscription Agreement for The BEAT

Please read the following agreement ("Agreement") carefully before using the The BEAT (the "site"). The site is the property of Northstar Travel Media, LLC, d/b/a The BEAT (hereinafter "The BEAT" or "Licensor") and is licensed to authorized users (which are defined as retail travel agencies or corporate travel departments who have agreed to the terms of this Agreement and may hereinafter be referred to as "you", "your," or "Licensee"). Use of this site constitutes your agreement to the terms and conditions herein, unless your use is covered under a separate written license agreement signed by The BEAT.

By checking the box next to the Agreement during registration and using the site, you acknowledge that you have read this Agreement, that you understand it, and that you agree to be bound by its terms and conditions, and you represent that you are authorized to accept these terms and conditions on behalf of your organization. Your use of this site is conditional on your acceptance of this Agreement.   

The BEAT

The The BEAT service or “site” includes all the electronic files and content, including, without limitation, databases, code, business logic, routines and software applications, content, logos, photographs, video, audio, text, and other graphics, both in current form and any future modified versions, upgrades, updates, or additions which may from time to time be incorporated by The BEAT with or without notice to you.

Licenses and Usage

1)     Upon acceptance by The BEAT of the order form, you will be issued a User ID and Password.

2)     You may purchase a seat license.  A seat license authorizes one or more specific named users to access the site based on username / password credentials supplied by The BEAT. 

3)     In the case of a seat license, each user ID permits one unique individual to access the site, and sharing the same ID is not permitted.  

4)     You can purchase additional seat licenses by contacting our Sales Department.

5)     You are authorized to use the site to access and read data and article content supplied, create and print out hard-copy (paper) articles and newsletters, in each case in the format generated by the site, for personal use only. You are prohibited from making hard-copy, electronic, or digital content for distribution at any location other than the address indicated on the order form. It is not permitted, for instance, to make copies for use by a travel agency whose physical location is different from the physical location identified on the order form, even if that agency is owned, in whole or part, by the same party that is licensing the site. Under the terms of this Agreement, permission to make hard-copy reports is restricted to retail travel agents and corporate travel departments.

6)     Licensee acknowledges that The BEAT has developed the site through a substantial expenditure of effort, time, and money, and that any violation of this Agreement deprives The BEAT of its reasonable expectation of benefits from such investment. Violations of this Agreement will be vigorously pursued by The BEAT.

7)     Licensee is prohibited from using the site for illegal purposes.

8)     Use of the site is subject to the Terms of Use Agreement and Privacy Policy set forth at https://thebeat.travelUse of the site constitutes consent to the Terms of Use Agreement and Privacy Policy.

Ownership

The site is the sole and exclusive property of The BEAT. The site, including without limitation, the databases contained therein, is proprietary to The BEAT and/or its affiliates, suppliers, and licensors, who retain exclusive title to and ownership of the copyrights, trademarks, trade secrets, and other intellectual property rights in the site. These rights are protected by the national and state copyright, trademark, trade secret and other intellectual property laws of the United States and international treaty provisions. You have no ownership rights in the site. No part of the site, including without limitation the databases contained therein, may be modified, adapted, copied, or distributed in hardcopy or machine-readable form without prior written consent from The BEAT. Any copy that you are permitted to make hereunder must contain the same copyright and other proprietary notices that appear on or in the site. You also agree not to reverse engineer, recompile, disassemble, or otherwise attempt to discover the source code of the site. All rights not expressly granted to you herein are expressly reserved by The BEAT. Any use of the site outside the terms of this Agreement by any person or entity is strictly prohibited and a violation of this Agreement.

No transfer of the license granted hereunder is permitted without the prior written consent of The BEAT in its sole discretion. In the event of any permitted transfer, the transferee must unconditionally accept the terms and conditions of this Agreement.

Any future modified versions, upgrades, updates, or additions to the site may from time to time be incorporated by The BEAT with or without notice to you or breach of this Agreement. The functionality, design, or content of the site may change at any time without notice to you or breach of this Agreement. The BEAT agrees to provide technical support to the Licensee and its authorized users for the site, via phone or e-mail, for the term of the Licensee’s subscription. Technical support is available Monday through Friday, during the hours of 9am to 5pm eastern standard time.

Term, Renewal, Cancellation, and Fees

Unless otherwise specified on the order form in the original agreement for services, the term of this Agreement shall be for one year, beginning on the date that the Licensee receives access to the site with a unique user ID and password.  This Agreement will be automatically renewed in accordance with the order form provided that Licensee continues to comply with all the terms of this Agreement, and complies with payment terms of any required license fee, as set forth in the The BEAT registration or renewal form. The license to use the site will terminate without further notice if the terms of the license are violated.

As of 01/01/11, all new and renewal subscriptions will be automatically renewed annually, unless otherwise specified in the The BEAT order form, or unless The Licensee notifies The BEAT in writing of a request for cancellation according to the terms set forth in this Section. You will be notified when your account is about to automatically renew. These notifications may come by direct mail, email, or notification within your The BEAT session. It is up to the Licensee to make sure account information is current, and that The BEAT has the correct contact information on file for the Licensee. If a credit card is on file it will automatically be charged at the time of renewal.  If the card on file is declined, expired, or payment is not otherwise provided by the Licensee, the Licensee will still be responsible to submit payment for the renewal fee and any other fees owed at that time, unless previously cancelled in accordance with the cancellation police below.

All requests for cancellation renewals must be in writing and must be received by The BEAT by either mail or fax, or confirmed receipt e-mail, within 7 days of the commencement of the renewal term. Cancellation within the 7-day period will result in cancellation of the renewal term and a full refund of any amounts prepaid for the renewal term.

All cancellation requests for new accounts must be in writing and must be received by The BEAT by either mail or fax, or confirmed receipt e-mail, within 7 days of the commencement of the original agreement term. Cancellation within those 7 days will result in cancellation of the agreement and a full refund for any amounts prepaid. Cancellation requests must be signed by a duly-authorized officer of the Licensee and include the account number, as well as the reason for canceling.

From time to time, The BEAT may change the fees and charges then in effect, or add new fees or charges, by giving you notice in advance or by posting the changed fees on the site under the profile section on your administrator’s account. It is your responsibility to check the current fees.  Continued use of the site after notice of such changes will constitute agreement to payment of the new fees or charges.

Limited Warranty and Disclaimer

You acknowledge that the site may not satisfy all your requirements or be free from defects. The site and any accompanying materials are licensed "as is." All implied warranties and conditions (including any implied warranty of merchantability or fitness for a particular purpose) are disclaimed. The BEAT does not warrant the accuracy of the content of the site or provide any warranty of accuracy, completeness, timeliness or fitness for any particular use or purpose express or implied. From time to time access to the site may be interrupted, restricted or delayed for any reason, whether or not the fault of The BEAT, without breach of this Agreement. The BEAT is not responsible for the loss or damage of any of your files or records associated with the site.

Your exclusive remedy for breach of warranty will be the refund of such portion of the purchase price as has not been used. In no event will The BEAT or its affiliates be liable to you for any consequential, incidental, indirect, special or punitive damages (including damages for loss of business profits, business interruption, loss of business information, and the like), whether foreseeable or unforeseeable, arising out of the use or inability to use the site or accompanying written materials, regardless of the basis of the claim and even if The BEAT or an authorized representative has been advised of the possibility of such damages. The BEAT's aggregate liability to you for actual damages for any cause whatsoever, and regardless of the form of action, will be limited to the fees paid by Licensee to The BEAT for use of the site. 

The above limitations may not apply in case of personal injury where and to the extent that applicable local law requires such liability. Because some jurisdictions do not allow the exclusion or limitation of implied warranties or liability for consequential or incidental damages, the above limitations may not apply to you.

General Provisions
This Agreement will be governed by and construed in accordance with the laws of the State of New York without giving effect to the principles of conflict of laws thereof, and the parties consent to the jurisdiction of courts situated in the State of New York in any action arising under this Agreement.

This Agreement sets forth the entire understanding and agreement between the parties with respect to the subject matter thereof. Any representation, promise, warranty, covenant or undertaking not expressly set forth in this Agreement shall not be deemed a part of the agreement or otherwise legally effective. This Agreement may only be modified by a writing signed by an authorized officer of The BEAT, although The BEAT may vary the terms of this Agreement in conjunction with any modification or update of the site.

If any term or condition of this Agreement is determined to be invalid or unenforceable in whole or in part, then it will not affect the validity of the balance of the Agreement which shall remain valid and enforceable in accordance with its terms.

The BEAT, Secaucus, NJ, USA