brushyourbeardin

TERMS OF SERVICE

Last Update: 11/27/2016
----
IF YOU RESIDE IN THE UNITED STATES, PLEASE NOTE:
SECTION 18 OF THESE TERMS OF SERVICE CONTAINS AN
ARBITRATION CLAUSE AND CLASS ACTION WAIVER. IT
AFFECTS HOW DISPUTES WITH THE COMPANY ARE
RESOLVED. BY ACCEPTING THESE TERMS OF SERVICE, YOU
AGREE TO BE BOUND BY THIS ARBITRATION PROVISION.
PLEASE READ IT CAREFULLY.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS
THEY CONTAIN IMPORTANT INFORMATION REGARDING
YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE
INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A
CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF
DISPUTES, AND OBLIGATIONS TO COMPLY WITH
APPLICABLE LAWS AND REGULATIONS.
OVERVIEW
This website is operated by brushyourbeardin LLC (the "Company").
Throughout the site, the terms "we", "us" and "our" refer to the
Company. The Company offers this website, including all information,
tools and services available from this site to you, the user, conditioned
upon your acceptance of all terms, conditions, policies and notices
stated here.
By visiting our site and/or purchasing something from us, you engage
in our "Service" and agree to be bound by the following terms and
conditions ("Terms of Service", "Terms"), including those additional
terms and conditions and policies referenced herein and/or available by
hyperlink. These Terms of Service apply to all users of the site,
including without limitation users who are browsers, vendors,
customers, merchants, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using
our website. By accessing or using any part of the site, you agree to be
bound by these Terms of Service. If you do not agree to all the terms
and conditions of this agreement, then you may not access the website
or use any services. If these Terms of Service are considered an offer,
acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall
also be subject to the Terms of Service. You can review the most
current version of the Terms of Service at any time on this page. We
reserve the right to update, change or replace any part of these Terms
of Service by posting updates and/or changes to our website. It is your
responsibility to check this page periodically for changes. Your
continued use of or access to the website following the posting of any
changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-
commerce platform that allows us to sell our products and services to
you.
SECTION 1
ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at
least the age of majority in your state or province of residence, or that
you are the age of majority in your state or province of residence and
you have given us your consent to allow any of your minor dependents
to use this site.
You may not use our products for any illegal or unauthorized purpose
nor may you, in the use of the Service, violate any laws in your
jurisdiction (including but not limited to copyright laws).
You may not transmit any worms or viruses or any code of a
destructive nature.
A breach or violation of any of the Terms will result in an immediate
termination of your Services.
SECTION 2
GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any
time.
You understand that your content (not including credit card
information), may be transferred unencrypted and involve (a)
transmissions over various networks; and (b) changes to conform and
adapt to technical requirements of connecting networks or devices.
Credit card information is always encrypted during transfer over
networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any
portion of the Service, use of the Service, or access to the Service or
any contact on the website through which the service is provided,
without express written permission by us.
The headings used in this agreement are included for convenience only
and will not limit or otherwise affect these Terms.
SECTION 3
ACCURACY, COMPLETENESS AND TIMELINESS OF
INFORMATION
We are not responsible if information made available on this site is not
accurate, complete or current. The material on this site is provided for
general information only and should not be relied upon or used as the
sole basis for making decisions without consulting primary, more
accurate, more complete or more timely sources of information. Any
reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical
information, necessarily, is not current and is provided for your
reference only. We reserve the right to modify the contents of this site
at any time, but we have no obligation to update any information on
our site. You agree that it is your responsibility to monitor changes to
our site.
SECTION 4
MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service
(or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification,
price change, suspension or discontinuance of the Service.
SECTION 5
PRODUCTS OR SERVICES
Certain products or services may be available exclusively online
through the website. These products or services may have limited
quantities and are subject to return, exchange, or refund only according
to our Guarantee Agreement.
We have made every effort to display as accurately as possible the
colors and images of our products that appear at the store. We cannot
guarantee that your computer monitor's display of any color will be
accurate.
We reserve the right, but are not obligated, to limit the sales of our
products or Services to any person, geographic region or jurisdiction.
We may exercise this right on a case-by-case basis. We reserve the
right to limit the quantities of any products or services that we offer.
All descriptions of products or product pricing are subject to change at
anytime without notice, at the sole discretion of us. We reserve the
right to discontinue any product at any time. Any offer for any product
or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services,
information, or other material purchased or obtained by you will meet
your expectations, or that any errors in the Service will be corrected.
SECTION 6
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in
our sole discretion, limit or cancel quantities purchased per person, per
household or per order. These restrictions may include orders placed by
or under the same customer account, the same credit card, and/or orders
that use the same billing and/or shipping address. In the event that we
make a change to or cancel an order, we may attempt to notify you by
contacting the e-mail and/or billing address/phone number provided at
the time the order was made. We reserve the right to limit or prohibit
orders that, in our sole judgment, appear to be placed by dealers,
resellers or distributors.
You agree to provide current, complete and accurate purchase and
account information for all purchases made at our store. You agree to
promptly update your account and other information, including your
email address and credit card numbers and expiration dates, so that we
can complete your transactions and contact you as needed.
For more detail, please review our Guarantee Agreement.
SECTION 7
OPTIONAL TOOLS
We may provide you with access to third-party tools over which we
neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools "as
is" and "as available" without any warranties, representations or
conditions of any kind and without any endorsement. We shall have no
liability whatsoever arising from or relating to your use of optional
third-party tools.
Any use by you of optional tools offered through the site is entirely at
your own risk and discretion and you should ensure that you are
familiar with and approve of the terms on which tools are provided by
the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through
the website (including, the release of new tools and resources). Such
new features and/or services shall also be subject to these Terms of
Service.
SECTION 8
THIRD-PARTY LINKS
Certain content, products and services available via our Service may
include materials from third-parties.
Third-party links on this site may direct you to third-party websites that
are not affiliated with us. We are not responsible for examining or
evaluating the content or accuracy and we do not warrant and will not
have any liability or responsibility for any third-party materials or
websites, or for any other materials, products, or services of third-
parties.
We are not liable for any harm or damages related to the purchase or
use of goods, services, resources, content, or any other transactions
made in connection with any third-party websites. Please review
carefully the third-party's policies and practices and make sure you
understand them before you engage in any transaction. Complaints,
claims, concerns, or questions regarding third-party products should be
directed to the third-party.
SECTION 9
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example
contest entries) or without a request from us you send creative ideas,
suggestions, proposals, plans, or other materials, whether online, by
email, by postal mail, or otherwise (collectively, 'comments'), you
agree that we may, at any time, without restriction, edit, copy, publish,
distribute, translate and otherwise use in any medium any comments
that you forward to us. We are and shall be under no obligation (1) to
maintain any comments in confidence; (2) to pay compensation for any
comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content
that we determine in our sole discretion are unlawful, offensive,
threatening, libelous, defamatory, pornographic, obscene or otherwise
objectionable or violates any party’s intellectual property or these
Terms of Service.
You agree that your comments will not violate any right of any third-
party, including copyright, trademark, privacy, personality or other
personal or proprietary right. You further agree that your comments
will not contain libelous or otherwise unlawful, abusive or obscene
material, or contain any computer virus or other malware that could in
any way affect the operation of the Service or any related website. You
may not use a false e-mail address, pretend to be someone other than
yourself, or otherwise mislead us or third-parties as to the origin of any
comments. You are solely responsible for any comments you make and
their accuracy. We take no responsibility and assume no liability for
any comments posted by you or any third-party.
SECTION 10
PERSONAL INFORMATION
Your submission of personal information through the store is governed
by our Privacy Policy.
SECTION 11
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that
contains typographical errors, inaccuracies or omissions that may relate
to product descriptions, pricing, promotions, offers, product shipping
charges, transit times and availability. We reserve the right to correct
any errors, inaccuracies or omissions, and to change or update
information or cancel orders if any information in the Service or on any
related website is inaccurate at any time without prior notice (including
after you have submitted your order).
We undertake no obligation to update, amend or clarify information in
the Service or on any related website, including without limitation,
pricing information, except as required by law. No specified update or
refresh date applied in the Service or on any related website, should be
taken to indicate that all information in the Service or on any related
website has been modified or updated.
SECTION 12
PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service,
you are prohibited from using the site or its 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 the Service 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; or (k) to interfere with or circumvent the security features of
the Service or any related website, other websites, or the Internet. We
reserve the right to terminate your use of the Service or any related
website for violating any of the prohibited uses.
SECTION 13
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service
will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of
the service will be accurate or reliable.
You agree that from time to time we may remove the service for
indefinite periods of time or cancel the service at any time, without
notice to you.
You expressly agree that your use of, or inability to use, the service is
at your sole risk. The service and all products and services delivered to
you through the service are (except as expressly stated by us) provided
'as is' and 'as available' for your use, without any representation,
warranties or conditions of any kind, either express or implied,
including all implied warranties or conditions of merchantability,
merchantable quality, fitness for a particular purpose, durability, title,
and non-infringement.
In no case shall the Company, our directors, officers, employees,
affiliates, agents, contractors, interns, suppliers, service providers or
licensors be liable for any injury, loss, claim, or any direct, indirect,
incidental, punitive, special, or consequential damages of any kind,
including, without limitation lost profits, lost revenue, lost savings, loss
of data, replacement costs, or any similar damages, whether based in
contract, tort (including negligence), strict liability or otherwise, arising
from your use of any of the service or any products procured using the
service, or for any other claim related in any way to your use of the
service or any product, including, but not limited to, any errors or
omissions in any content, or any loss or damage of any kind incurred as
a result of the use of the service or any content (or product) posted,
transmitted, or otherwise made available via the service, even if
advised of their possibility. Because some states or jurisdictions do not
allow the exclusion or the limitation of liability for consequential or
incidental damages, in such states or jurisdictions, our liability shall be
limited to the maximum extent permitted by law.
SECTION 14
INDEMNIFICATION
You agree to indemnify, defend and hold harmless the Company and
our parent, subsidiaries, affiliates, partners, officers, directors, agents,
contractors, licensors, service providers, subcontractors, suppliers,
interns and employees, harmless from any claim or demand, including
reasonable attorneys’ fees, made by any third-party due to or arising
out of your breach of these Terms of Service or the documents they
incorporate by reference, or your violation of any law or the rights of a
third-party.
SECTION 15
SEVERABILITY
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.
SECTION 16
TERMINATION
The obligations and liabilities of the parties incurred prior to the
termination date shall survive the termination of this agreement for all
purposes.
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 our Services, or when
you cease using our site.
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 this agreement 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 our Services
(or any part thereof).
SECTION 17
ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these
Terms of Service shall not constitute a waiver of such right or
provision.
These Terms of Service and any policies or operating rules posted by
us on this site or in respect to The Service constitutes the entire
agreement and understanding between you and us and govern your use
of the Service, superseding any prior or contemporaneous agreements,
communications and proposals, whether oral or written, between you
and us (including, but not limited to, any prior versions of the Terms of
Service).
Any ambiguities in the interpretation of these Terms of Service shall
not be construed against the drafting party.
SECTION 18
CONTROLLING LAW AND JURISDICTION
These Terms and your use of the Service will be interpreted in
accordance with the laws of the State of California and the United
States of America, without regard to its conflict-of-law provisions. You
and we agree to submit to the personal jurisdiction of a state court
located in the District of Columbia or the United States District Court
for the District of Columbia for any actions for which the parties retain
the right to seek injunctive or other equitable relief in a court of
competent jurisdiction to prevent the actual or threatened infringement,
misappropriation or violation of a party’s copyrights, trademarks, trade
secrets, patents, or other intellectual property rights, as set forth in the
Dispute Resolution provision below.
SECTION 19
DISPUTE RESOLUTION
If you reside in the United States, you and the Company agree that any
dispute, claim or controversy arising out of or relating to these Terms
or the breach, termination, enforcement, interpretation or validity
thereof, or to the use of the Service (collectively, "Disputes") will be
settled by binding arbitration, except that each party retains the right to
seek injunctive or other equitable relief in a court of competent
jurisdiction to prevent the actual or threatened infringement,
misappropriation or violation of a party’s copyrights, trademarks, trade
secrets, patents, or other intellectual property rights. You acknowledge
and agree that you and the Company are each waiving the right to a
trial by jury or to participate as a plaintiff or class member in any
purported class action lawsuit, class-wide arbitration, private attorney-
general action, or any other representative proceeding. Further, unless
both you and the Company otherwise agree in writing, the arbitrator
may not consolidate more than one person’s claims, and may not
otherwise preside over any form of any class or representative
proceeding. If this specific paragraph is held unenforceable, then the
entirety of this "Dispute Resolution" section will be deemed void.
Except as provided in the preceding sentence, this "Dispute
Resolution" section will survive any termination of these Terms.
Arbitration Rules and Governing Law. This agreement to arbitrate
evidences a transaction in interstate commerce, and thus the Federal
Arbitration Act governs the interpretation and enforcement of this
provision. The arbitration will be administered by the American
Arbitration Association ("AAA") in accordance with the Consumer
Arbitration Rules (the "AAA Rules") then in effect, except as modified
by this "Dispute Resolution" section. (The AAA Rules are available at
www.adr.org/arb_medor by calling the AAA at 1–800–778–7879.) The
Federal Arbitration Act will govern the interpretation and enforcement
of this section.
Arbitration Process. A party who desires to initiate arbitration must
provide the other party with a written Demand for Arbitration as
specified in the AAA Rules. (The AAA provides a form Demand for
Arbitration.) The arbitrator will be either a retired judge or an attorney
licensed to practice law in the District of Columbia and will be selected
by the parties from the AAA’s roster of consumer dispute arbitrators. If
the parties are unable to agree upon an arbitrator within seven (7) days
of delivery of the Demand for Arbitration, then the AAA will appoint
the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure. Unless you and the Company
otherwise agree, the arbitration will be conducted in the county where
you reside. If your claim does not exceed $10,000, then the arbitration
will be conducted solely on the basis of documents you and the
Company submit to the arbitrator, unless you request a hearing or the
arbitrator determines that a hearing is necessary. If your claim exceeds
$10,000, your right to a hearing will be determined by the AAA Rules.
Subject to the AAA Rules, the arbitrator will have the discretion to
direct a reasonable exchange of information by the parties, consistent
with the expedited nature of the arbitration.
Arbitrator’s Decision. The arbitrator will render an award within the
time frame specified in the AAA Rules. The arbitrator’s decision will
include the essential findings and conclusions upon which the arbitrator
based the award. Judgment on the arbitration award may be entered in
any court having jurisdiction thereof. The arbitrator’s award damages
must be consistent with the terms of the "Disclaimer of Warranties;
Limitation of Liability" section above as to the types and the amounts
of damages for which a party may be held liable. The arbitrator may
award declaratory or injunctive relief only in favor of the claimant and
only to the extent necessary to provide relief warranted by the
claimant’s individual claim. If you prevail in arbitration you will be
entitled to an award of attorneys’ fees and expenses, to the extent
provided under applicable law. The Company will not seek, and hereby
waives all rights it may have under applicable law to recover,
attorneys’ fees and expenses if it prevails in arbitration.
Fees. Your responsibility to pay any AAA filing, administrative and
arbitrator fees will be solely as set forth in the AAA Rules. However, if
your claim for damages does not exceed $75,000, The Company will
pay all such fees unless the arbitrator finds that either the substance of
your claim or the relief sought in your Demand for Arbitration was
frivolous or was brought for an improper purpose (as measured by the
standards set forth in Federal Rule of Civil Procedure 11(b)).
Changes. Notwithstanding the provisions of the "Change To Terms of
Service" section below, if the Company changes this "Dispute
Resolution" section after the date you last accepted these Terms (or
accepted any subsequent changes to these Terms), you may reject any
such change by sending us written notice (including by email) within
30 days of the date such change became effective, as indicated in the
"Last Updated" date above. By rejecting any change, you are agreeing
that you will arbitrate any Dispute between you and the Company in
accordance with the provisions of this "Dispute Resolution" section as
of the date you last accepted these Terms (or accepted any subsequent
changes to these Terms).
SECTION 19
CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any
time at this page.
We reserve the right, at our sole discretion, to update, change or replace
any part of these Terms of Service by posting updates and changes to
our website. It is your responsibility to check our website periodically
for changes. Your continued use of or access to our website or the
Service following the posting of any changes to these Terms of Service
constitutes acceptance of those changes.
SECTION 20
CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at
contact@brushyourbeardin.com.