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Terms of Use Online Contract
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The following is the terms of the agreement between we the Company beYOUty.com and you, the buyer of goods or services through this website here at beYOUty.com. If you do not agree to these terms, you will not be able to purchase anything, so please review these terms carefully:
- Introduction. Buyer agrees to the terms and conditions outlined in this Online Contract ("Contract") with respect to the goods, services and information provided by or through the Site. This Contract constitutes the entire and only agreement between the Company and Buyer, and supersedes any and all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the goods, services and information provided by or through the Site, and the subject matter of this Contract. Buyer agrees to review this Contract prior to purchasing anything and purchase of a good or service shall be deemed acceptance of this Contract.
- Setup and Payment. Buyer represents and warrants that (i) the credit card information supplied is true, correct and complete and (ii) charges incurred by the Buyer will be honored by the Buyer's credit card company and (iii) Buyer shall pay charges incurred by Buyer at the amounts in effect at the time incurred, including all applicable taxes. Buyer shall be responsible for all charges incurred through use of Buyer's password. Buyer agrees to keep his or her password confidential and to notify Company within 24 hours of any breach of this Contract or unauthorized use of the password. Company does not protect Buyer from unauthorized use of Buyer's password.
- Copyright. The content, organization, gathering, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks, and other proprietary (including but not limited to intellectual property) rights, and, the copying, redistribution, use or publication by a Buyer of any such content or any part of the Site is prohibited.
- Editing, Deleting, and Modification. Company reserves the right in its sole discretion to edit or delete any information or content appearing on the Site and to remove any goods and services for sale. Upon notice published over the Service, Company may modify this Contract, or prices, and may discontinue or revise any or all aspects of the Site in its sole discretion and without prior notice. We here at beYOUty.com have the right to make any revisions to these terms in this document at any time. We also have the right to make any deletions or changes to information on the website or information within the website at any time. This information includes customer details, product prices and information, shipping details and pricing, and Company policies and details. We have the right to make changes to all this information for any reason and at any time due to accuracy or changes that are needed for any information at beYOUty.com. Modification of this Contract will be deemed effective upon publication on the Site with respect to transactions occurring after said date.
- Right to Refuse. Company reserves the right in its sole discretion to refuse service at any time. Sale of any goods or services is subject to availability.
- Indemnification. Buyer agrees to indemnify, defend and hold Company and its affiliates, licensors and suppliers harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to a Buyer's violation of this Contract or use of the Site.
- Non-Transferable. Buyer's right to use the Service is not transferable and is subject to any limits established by Company or by Buyer's credit card company.
- Disclaimer. THE SERVICE, CONTENT, GOODS AND SERVICES FROM OR THROUGH THE SERVICE ARE PROVIDED "AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE SOLE AND ENTIRE MAXIMUM LIABILITY OF COMPANY, FOR ANY REASON, AND BUYER'S SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY THE CUSTOMER FOR THE PARTICULAR ITEMS PURCHASED. COMPANY AND ANY OF ITS AFFILIATES, DEALERS OR SUPPLIERS ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND BUYER. THIS SITE AND GOODS AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. SOME STATE STATUTES MAY APPLY REGARDING LIMITATION OF LIABILITY.
- Liabilities. We here at beYOUty.com are not liable or responsible for any damages that are caused by or in relation to any products that you the Buyer have purchased here online at beYOUty.com. All warranties, disclaimers, or any other information listed on products are not tied to us in any way here at beYOUty.com. You the Buyer must deal directly with product Companies or maker of products when it comes to any warranties, disclaimers, or any damages that were caused or that are in relation to any products that you have purchased here at beYOUty.com. We here at beYOUty.com are not responsible and have no relation to any warranties, discounts, specials or any other promotions that are offered by product companies or the maker of products that are supplied to you the Customer from our website. Our specials and promotions here at beYOUty.com are totally separate and have no relation to any specials or promotions to the products and brands that we sell here on the website and provide to you the Customer. Because of different computer monitor resolutions and color displays, we here at beYOUty.com are not responsible for any Customer misconceptions when it comes to product sizes, colors, or any other differences to the products in actuality. We will give you the Customer the best product pictures that we have available, but we are not liable for any Customer misconceptions and we the Seller reserves the right in its sole discretion to refuse refunds or returns at any time based on color, size or any other differences to the products in actuality.
- Refund Policy. If a product purchased is defective or not to Buyer's satisfaction, Buyer can return the product in its original condition within 30 days of receipt, to the address listed in the About Us table information or on your purchase invoice. In such event, Company shall provide Buyer a credit for other purchases from the Site (less shipping and handling charges incurred). This Section 9 sets forth Buyer's sole and exclusive right to refund.
- Use of Information. Company reserves the right, and Buyer authorizes Company, to the use and assignment of all information regarding Buyer's use of the Site and all information provided by Buyer, subject to applicable law. We here at beYOUty.com reserve the right to make any changes, deletions or additions to any information on the website at any time. This information includes product details, prices and any customer information that was created by you the customer while using the website. We also reserve the right to deny or change any information at any time for products, orders or customer details no matter if an order was already placed by you the Customer. We here at beYOUty.com also have the right to refuse or deny the use of this website to anyone at anytime without any reason. We the Company reserve the right to refuse or deny you the Customer the use of this beYOUty.com website at any time for any reason.
- Miscellaneous. This Contract shall be treated as though it were executed and performed in Pocatello, Idaho, and shall be governed by and construed in accordance with the laws of the United States of America and of the State of Idaho (without regard to conflict of law principles). Any legal action brought to us here at beYOUty.com will be held in full and at a court of law in Pocatello, Idaho with no exceptions. Any cause of action of Buyer with respect to the Site must be instituted within six (6) months after any purchase or be forever waived and barred. All actions shall be subject to the limitations set forth in Section 8. The language in this Contract shall be interpreted as to its fair meaning and not strictly for or against any party. All legal proceedings arising out of or in connection with this Contract shall be brought solely in Pocatello, Idaho, and Buyer expressly submits to the jurisdiction of said courts and Buyer consents to extra-territorial service of process. Should any part of this Contract be held invalid or unenforceable, that portion shall be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site or the Company is in conflict or inconsistent with this Contract, this Contract shall take precedence. Failure of Company to enforce any provision of this Contract shall not be deemed a waiver of such provision nor of the right to enforce such provision.
- By submitting an order here at beYOUty.com you the Customer "Agree", to all the terms and information that is stated above.
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