Company is responsible for managing memberships, administering the Website and offering and fulfilling Products. Company reserves the right to contract with one or more third parties to perform its duties in its sole discretion. Company reserves the right, in its sole discretion, to add, remove or substitute Suppliers. Member’s Representations. Member represents, warrants, and acknowledges that (i) Member is of legal age and has the capacity to acquire the membership and use the Products; (ii) the membership cannot be resold; (iii) Member must comply with the Beacon Membership Terms and Conditions (iv) Member will not initiate frivolous, unreasonable or fraudulent credit card chargebacks; and (v) Member shall be personally responsible for any damage to Supplier’s property. Member Default. Any of the following shall be considered an “event of default” by Member: (a) any failure by Member to timely pay amounts due to Company; (b) falsifying Member’s Representations; (c) a material breach by Member of Beacon Membership Terms and Conditions. In an event of default, Company may terminate Member’s Website access, cancel reservations and/or retain Access Fee and any monies paid for reservations in addition to other remedies available to Company. Membership is Non Transferrable. Member is prohibited from assigning or transferring the membership. Products are intended for the personal use of the Member and immediate family unless specifically authorized in writing by Company. Applicable Law. Membership and the Beacon Membership Terms and Conditions are governed by the laws of the State of California. State and federal courts located in San Diego County shall have exclusive jurisdiction for any claims that arise between Company and Member. Company and Member hereby waive to the fullest extent permitted by applicable law any right they may have to a trial by jury with respect to any litigation directly or indirectly arising out of, under or in connection with this membership. Cancellation of Membership by Company. In the event the Company terminates Member’s membership without an event of default by Member, Member’s sole remedy shall be a prorated refund of the Access Fee paid to Company. Limitation of Liability. Company shall not be liable for bodily injury, damage to personal property, theft of personal property, other damages, or losses (“Claims”) incurred by Member, Member’s family or Member’s companions caused directly or indirectly by the actions or omissions of any Supplier or by natural disaster, act of God, war, terrorism, health pandemic, or insurrection, absent direct causation. If Company is found to be liable in connection with any Claim, damages shall be limited to the amounts paid to Company by Member pursuant to the membership. In no event shall Company be responsible for any incidental, consequential, or special damages of any kind, including without limitation, lost opportunities, even if advised of the possibility of such damages in advance and regardless of the cause of action upon which any such claim is based.