PLEASE READ THESE TERMS OF SERVICE CAREFULLY
Last updated: December 7, 2018
By using a website (each being a “Website”) that is owned or operated by Beeza, LLC (“Beeza,” “we,” “us,” or “our”) or by purchasing any product or service from us, you are agreeing to the terms of service described below in this document (the “Terms of Service”) as a legal binding contract with us. Your use of a Website includes, but is not limited to: browsing, viewing, purchasing any product or service, or providing content.
If you do not agree to all of the Terms of Service, you are not authorized to use any Website and you are prohibited from accessing any Website.
These Terms of Services and your use of each Website is governed by Florida law, and all disputes among us shall be exclusively litigated, mediated, and determined in Orlando, Orange County, Florida. If your state law renders all or any part of the above provision inapplicable, you are not authorized to use any Website and you are prohibited from accessing any Website.
We may immediately terminate your use of any or all of the Websites (and these Terms and Conditions) if you breach or violation of any of these Terms of Service, or you create or suffer the occurrence of any circumstance or situation that we believe represents a security risk to us or any of our other users. Furthermore, we, in our sole and absolute discretion, may, at any time and from time to time, terminate your ability to access a Website, or any areas on a Website, or to provide any product or service to you for any reason or for no reason whatsoever. Your use of the Websites and these Terms and Conditions terminate upon your death.
We reserve the right to update, amend, supplement, change or replace all or any part of these Terms of Service by posting the update, amendment, supplement, change or replacement to the Terms of Service for the applicable Website. It is your responsibility to review the Terms of Service and Conditions periodically for changes. Your continued use of a Website the update, amendment, supplement, change or replacement to the Terms of Service for such Website constitutes acceptance of the update, amendment, supplement, change or replacement, whether or not you have reviewed them. The version of the Terms of Service in effect at the time you used a Website (including, without limitation, the time you purchased a product or service via such Website) apply to your use.
The headings used in these Terms of Service are included for convenience only and will not limit or otherwise affect these Terms of Service.
Our e-commerce platform that allows us to sell our products and services to you is hosted by Go Daddy.
You represent and warrant to us, and covenant with us that: (a) you are at least the age of majority in your state or province of residence and, if use of a Website is by a minor, you have consented to and will supervise such minor’s use of that Website; (b) you will not use our products for any illegal or unauthorized purpose nor will you, in the use of each Website, violate any laws in your jurisdiction (including but not limited to copyright laws), (c) you will not transmit any worms or viruses or any code of a destructive nature, (d) you will not reproduce, duplicate, copy, sell, resell or exploit any portion of each Website, our products, or our services, use of each Website, or access to the products and services or any contact on each Website through which the products and services are provided, without express written permission by us, and (e) your content (not including credit card information), may be transmitted unencrypted and such transmission may involve (i) transmissions over various networks, and (ii) changes to conform and adapt to technical requirements of connecting networks or devices. We may change prices or terms of purchase for any product or service offered by us without providing any notice to you.
As between you and us, all Content (as defined below), is and shall at all times remain our sole and exclusive property or that of our licensors or suppliers. You do not become the owner of, nor do you have or acquired any rights in or to, or other interests in any Content, except that, you have the right to exercise the Licensed Rights described below for the time you are granted access to a Website in accordance with these Terms of Service. Content is provided as general information only and should not be relied upon or used as the sole basis for making decisions without consulting other information. While we reserve the right to update Content and to remove inaccurate Content, we have no obligation to do so.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
WE MAKE NO WARRANTIES OR REPRESENTATIONS WHATSOEVER CONCERNING OR RELATING TO ANY CONTENT, INCLUDING, BUT NOT LIMITED TO, NO IMPLIED WARRANTY OF MERCHANTABILITY AND NO IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. Without limiting the foregoing, we are not responsible if any Content is not accurate, complete or current. Your reliance on Content is at your sole risk.
Content means the content and information accessible via a Website, and shall include, without limitation, product and services offerings, descriptions and reviews, text, images, graphics, logos, illustrations, photographs, video, audios, designs, and icons.
LICENSE TO CONTENT AND PERMITTED USE.
You are being provided a limited, non-exclusive, non-transferable and revocable license to access and make personal, non-commercial use of each Website, subject to the restrictions and limitations set forth in these Terms of Service (the “Licensed Rights”). Unless expressly authorized in these Terms of Service or elsewhere on a Website, the Licensed Rights do not include any right to, and you are not permitted to, copy, reproduce, modify, republish, upload, download, post, sell, lease, license, rent, transfer or in any manner distribute or otherwise use or permit others to use any Content or any copies thereof. The Licensed Rights automatically terminate if you breach any of these Terms of Service or we terminate your use of any Website.
PRODUCTS AND SERVICES.
Any offer for any product or service made on a Website is void in any jurisdiction where these Terms and Conditions would not apply in their entirety to the purchase thereof. The products available on each Website are for personal use only and are not for resale.
We reserve the right to limit the quantities of any products or services that we offer, to refuse any order you place with us at any time and for any reason in our sole and absolute discretion, to reduce or cancel entirely quantities purchased per person, per household, per address or per order, and to discontinue any products or services at any time. In the event that we make a change an order, we may attempt to notify you by contacting the e-mail or billing address or phone number provided at the time the order was place.
Your use of each product or service offered purchased from us or at a Website is at your own risk. You are responsible: (a) for using each such product or service responsibly and in accordance with the manufacturer’s instructions, precautions and guidelines; and (b) to review ingredients and understand your tolerances to ensure that the use of these products will not cause allergic reactions or other adverse side effects.
Returns of products and services purchased are solely in accordance with our Return Policy.
We will ship the products you have purchased from us and that we have confirmed and agreed to provide to you in accordance with our Shipping and Handling Policy.
EXCEPT FOR THE EXPRESS WARRANTY SET FORTH ON THE WEBSITE FOR THE APPLICABLE PRODUCT, WE MAKE NO WARRANTIES OR REPRESENTATIONS WHATSOEVER CONCERNING OR RELATING TO ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, NO IMPLIED WARRANTY OF MERCHANTABILITY AND NO IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. IF A PRODUCT PURCHASED BY YOU BREACHES A WARRANTY THAT MAY NOT BE DISCLAIMED BY APPLICABLE LAW AND YOU NOTIFY US WITHIN 30 DAYS OF PURCHASE AND OTHERWISE FOLLOW OUR RETURN POLICY AS SET FORTH ON EACH WEBSITE, OUR SOLE OBLIGATION TO YOU SHALL BE TO REFUND THE MONIES PAID FOR THE BREACHING PRODUCT.
ACCURACY OF BILLING AND ACCOUNT INFORMATION.
You shall: (a) provide current, complete and accurate purchase and account information for all purchases made through each Website; and (b) promptly update your account and other information, including, but not limited to, your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. You represent and warrant to us that you are the authorized signatory of the credit or charge card or account provided to us to pay for products purchased from each Website.
All prices displayed on each Website are in U.S. Dollars. If you order any products through each Website, you shall pay the amounts confirmed in your order in U.S. Dollars and agree that we may charge each credit card, debit card or other means of payment that you provide for such amounts.
TOOLS AND APPLICATIONS, AND THIRD-PARTY LINKS.
We may provide you with access to third-party tools and applications and third-party websites over which we neither monitor nor have any control nor input. WE PROVIDE ACCESS TO THIRD-PARTY TOOLS AND APPLICATIONS AND THIRD-PARTY WEBSITES ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, NO IMPLIED WARRANTY OF MERCHANTABILITY AND NO IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. Your utilization of all or any of such third-party tools and applications or third-party websites is entirely at your own risk and discretion, and pursuant to the terms and conditions of the applicable provider, and we have to obligations or responsibilities to you or any person or entity claiming by or through you in connection therewith. You must ensure that you are familiar with and approve of the terms on which such third-party tools and applications and third-party websites are provided by the relevant third-party providers.
If you provide us with any submissions (including, without limitation, comments, reviews, contest entries, text, images, graphics, photographs, video, audio files, designs, suggestions, creative ideas, suggestions, proposals, plans, and other information or copyrightable subject matter), you agree that your submission constitutes an assignment to us of all rights and interests you may have therein, and that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium all or any part of your submission. We shall not be under any obligation to maintain any submission in confidence, to compensate you for any submission, or to respond to any submission. You represent and warrant to us that you own or have the right to submit each submission that you submit to a Website, and to transfer the all rights in each submission to us, and that each submission is true and correct in all material respects.
ACCOUNT AND PERSONAL INFORMATION.
Your account is non-transferable and any rights to your account shall automatically terminate upon the termination of these Terms and Conditions. You may not use the account, user name or password of someone else at any time or permit any other person or entity to use your account or have access to your password. You shall maintain the secrecy of your password and shall notify us immediately of any unauthorized use or suspected unauthorized use of your account, user name, password or credit card information, or any Website. We are not liable for any loss that you suffer as a result of someone else using your user name and password with or without your knowledge. You shall indemnify us for any losses incurred by us, our affiliates, officers, directors, employees, consultants, agents or representatives, and our licensees, licensors or suppliers due to each use of your account, user name or password by any other person or entity.
You are prohibited from using any Website or Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of each Website or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; (k) to interfere with or circumvent the security features of each Website or any related website, other websites, or the Internet, (l) to provide false or misleading indications of origin or statements of fact; or (j) to violate or to attempt to violate the security measures maintained for or at any Website.
LIMITATION OF WARRANTIES.
WE PROVIDE ACCESS TO OUR WEBSITES ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, NO IMPLIED WARRANTY OF MERCHANTABILITY AND NO IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS THAT: (A) THE FUNCTIONS CONTAINED IN EACH WEBSITE OR ANY OF THEM WILL BE UNINTERRUPTED OR ERROR-FREE; (B) THAT ANY DEFECTS OR NON-CONFORMANCES WILL BE CORRECTED; (C) THAT A WEBSITE OR ALL OF THE WEBSITES, OR THE SERVER THAT MAKES EACH OR ALL OF THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; AND (D) REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS, SERVICES OR CONTENT THAT ARE OFFERED OR ACCESSED ON EACH WEBSITE.
IF A PRODUCT PURCHASED BY YOU BREACHES A WARRANTY THAT MAY NOT BE DISCLAIMED BY APPLICABLE LAW AND YOU NOTIFY US WITHIN 30 DAYS OF PURCHASE AND OTHERWISE FOLLOW OUR RETURN POLICY AS SET FORTH ON EACH WEBSITE, OUR SOLE OBLIGATION TO YOU SHALL BE TO REFUND THE MONIES PAID FOR THE BREACHING PRODUCT.
BY ACCESSING EACH WEBSITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES SUBSTANTIALLY AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
LIMITATION OF DAMAGES AND OF LIABILITY.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL WE BE LIABLE TO YOU OR ANY PERSON OR ENTITY CLAIMING BY OR THROUGH YOU FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF DATA, OR ECONOMIC LOSS, THAT ARISE OR RESULT FROM THE USE OF, OR THE INABILITY TO USE OR ACCESS, ANY WEBSITE, ANY CONTENT, OR FROM ANY PRODUCT OR SERVICE PURCHASED OR OBTAINED THROUGH US OR ANY WEBSITE, EVEN IF YOU OR ANOTHER PERSON OR ENTITY ADVISED US OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL THE TOTAL LIABILITY OF BEEZA TO YOU OR ANY PERSON OR ENTITY CLAIMING BY OR THROUGH YOU FOR DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF (A) $100, OR (B) IF SUCH LIABILITY ARISES OR RESULTS FROM ANY PRODUCT OR SERVICE PURCHASED OR OBTAINED THROUGH US OR ANY WEBSITE, THE AMOUNT PAID BY YOU FOR THE APPLICABLE PRODUCT OR SERVICE AT ISSUE.
You shall indemnify and hold Beeza and its affiliates, officers, directors, employees, successors and assign harmless from and against all damages, claims, causes of action, obligations, liabilities, costs and expenses (including, without limitation, reasonable attorneys fees, pre-trial, trial, post-trial and appellate, and court costs) arising from or in connection with in whole or in part, directly or indirectly, out of your access or use of a Website, your breach of these Terms and Conditions, and your violation of any law or the rights of any other person or entity.
Our name and logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of Beeza or its affiliates in the U.S. and/or other countries. Our trademarks and trade dress may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us. All other trademarks not owned by Beeza or its affiliates that appear on each Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Beeza or its affiliates. Use of trademarks for commercial purposes without authorization from us is strictly prohibited.
All Content is Copyright © Beeza, LLC, ALL RIGHTS RESERVED. The compilation of Content on each Website is the exclusive property of Beeza and protected by U.S. and international copyright laws. Copying or storing of all or any part of the Content other than pursuant to the Licensed Rights is expressly prohibited without the prior written permission from us or the copyright holder identified in the individual content’s copyright notice.
We are committed to complying with the copyright laws of the United States and to respond to claims of copyright infringement. We will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”). Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to us in the manner described below:
By Email: firstname.lastname@example.org
Subject Line: DMCA Notification
For your complaint to be valid under the DMCA, you must provide all of the following information when providing notice of the claimed copyright infringement:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
For more details on the information required for valid notification, see 17 U.S.C. § 512(c)(3).
You should be aware that, under the DMCA, claimants who make misrepresentations concerning copyright infringement may be liable for damages incurred as a result of the removal or blocking of the material, court costs, and attorneys’ fees.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
The causes of action and liabilities of the parties therefor that existed at or prior to the termination date and the provisions of the Sections of these Terms and Conditions entitled “Limitation of Warranties,” “Limitation of Damages and Liability,” “Indemnification” and “Governing Law” shall survive the termination of these Terms of Service. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use the services provided on each Website, or when you cease using each Website. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate of the agreement created by these Terms of Service at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to each Website (or any part thereof).
ENTIRE AGREEMENT AND WAIVER.
Any dispute arising out of or related to these Terms of Service, a Website, or the purchase of any product or service offered by us or accessed through a Website shall be governed by the laws of the State of Florida, without regard to its conflicts of law rules. Specifically, the validity, interpretation, and performance of these Terms of Service shall not be governed by the United Nations Convention on the International Sale of Goods. We and you consent to the exclusive jurisdiction and the exclusive venue of the State Courts of the State of Florida, Orange County, to resolve any dispute between them related hereto, and the parities waive all rights to contest this exclusive jurisdiction and venue of such Courts. Finally, with respect to the purchase of products offered by or accessed through each Website, you also agree not to bring any legal action, based upon any legal theory including contract, tort, equity or otherwise, against us that is more than one year after the date of purchase.
Our obligations under these Terms of Service or otherwise are subject to delays caused by force majeure or events outside our reasonable control.
Questions about these Terms of Service should be sent to us at the following:
300 Delaware Avenue
Wilmington, DE 19801
300 Delaware Avenue
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