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Terms & Conditions
EFFECTIVE JANUARY 1, 2020.
Beaulait, LLC (“We”, “Us”, “Our”) is the owner of Beaulait.com (“Website”) and provides the content and services (“Services”) available on the Website to you subject to the following terms and conditions. Our Privacy Policy and other terms and conditions and policies which you may find throughout our website in connection with certain functionality, features or promotions as well as customer service, all of which are deemed a part of and included within these terms and conditions (collectively, "Terms and Conditions"). You must be at least the age of majority or legal age of your jurisdiction of residence in order to use our websites and services. If you are under the age of majority or legal age in your jurisdiction of residence, you are prohibited from using our websites and services directly, and a parent or guardian must make purchases on your behalf. By accessing or using the Site, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions.
PURPOSE
Beaulait.com is an E-commerce website to provide items for sale and original content. Beaulait does not monitor all activity on its website but reserves the right to do so.
NO UNLAWFUL USAGE / INTELLECTUAL PROPERTY
Users agree to use our website only for lawful purposes and you are not granted any licenses, express or implied, to the intellectual property of Beaulait, LLC except as expressly authorized by these Terms and Conditions. You are granted a non-exclusive, non-transferable, revocable license to access and use Beaulait strictly in accordance with these terms of use. You may not use the Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.
All content included as part of the Services, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Website, is the property of Beaulait, LLC or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Website. Beaulait content is not for resale. Your use of the Website does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Beaulait, LLC and the copyright owner. You agree that you do not acquire any ownership right in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Beaulait, LLC or our licensors except as expressly authorized by these Terms and Conditions.
THIRD PARTY LINKS
We are not responsible for the content of any off-website pages or any other websites linked to or from the Website. Links appearing on the Website are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier. Your linking to or from any off-website pages or other websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-website pages or any other websites linked to or from the Website, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites that you visit.
INTERNATIONAL USERS
The Website provides Services from our offices in the United States and is administered by Beaulait, LLC. If you access the Website from outside the United States, you are responsible for compliance with all local laws and agree that you will not use Beaulait.com within any country or in any manner prohibited by applicable laws, restrictions, or regulations.
IDEMNIFICATION
You agree to indemnify and hold harmless Beaulait, LLC, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of our Website and Services or breach of these Terms and Conditions. You will cooperate fully as required by us in the defense or settlement of any claim.
LIMITATION OF LIABILITY
The website is presented “as is.” We make no representations or warranties of any kind whatsoever, express or implied, in connection with these terms and merchantability, non-infringement or fitness for a particular purpose, except to the extent such representation and warranties are not legally excludable.
You agree that, to the fullest extent permitted by applicable law, we will not be responsible or liable (whether in contract, tort (including negligence) or otherwise), under any circumstances, for any (A) interruption of business; (B) misdelivery, corruption, destruction or other modification; (D) loss or damages of any sort incurred as a result of dealings with or the presence of off-website links on the site; (E) computer viruses, system failures or malfunctions which may occur in connection with your use of the site, including during hyperlink to or from third party websites (F) any inaccuracies or omissions in content or (G) events beyond out reasonable control.
Further, to the fullest extent permitted by law, we will not be liable for any indirect, special, punitive, incidental, or consequential damages of any kind (including lost profits) related to the site or your use thereof regardless of the form of action whether, in contract tort (including negligence) or otherwise, even if we have been advised of the possibility of such damages and in no event shall our maximum aggregate liability exceed one hundred dollars ($100.00).
You agree that no claims or action arising out of, or related to, the use of the site or these terms and conditions may be brought by you more than one (1) year after the cause of action relating to such claim or action arose.
DISPUTES
In regard to any dispute relating to the Website, all rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of Texas, as if the Terms and Conditions were a contract wholly entered into and wholly performed within the great state of Texas. Any dispute relating in any way to your visit to the Website shall be submitted to confidential arbitration in Texas and you submit to the jurisdiction and proceedings except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, or otherwise have a cause of action in equity, we may seek injunctive or other appropriate relief in any court of competent jurisdiction and you consent to jurisdiction and venue in any such court for such purposes. Arbitration under this agreement shall be conducted under the Consumer-Related Disputes Supplementary Rules then prevailing with the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms and Conditions shall be joined to an arbitration involving any other party subject to this Terms and Conditions, whether through class arbitration proceedings or otherwise.
LIMITATION OF ACCESS
At its sole discretion, Beaulait, LLC reserves the right to terminate or limit your access to the Website and its related services or any portion thereof at any time, without notice.
CHANGES TO TERMS
We reserve the right, at our sole discretion, to change the Terms and Conditions which Beaulait.com is offered. The effective date will always be posted at the top of our Terms and Conditions and the most recent version always supersedes all previous versions. We encourage you to periodically review the Terms and Conditions to understand the current agreement.
