WELCOME TO BEACHWARE
EFFECTIVE DATE: August 9, 2019
By submitting your order, you represent and warrant that you are authorized to use the designated credit card or other method of payment and authorize us to charge your order (including taxes, shipping and handling) to that card or other method of payment. If the card or other method of payment cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or cancelled automatically. Unless noted, fees are in US dollars; tax is additional. All prices are subject to change without notice, and you agree that taxes may be adjusted from the amount shown on the payment screens. To the extent permitted by law, fees are nonrefundable, even for products we remove. Please refer to the “Refunds” section of these TOU for more information.
We may refuse purchases, which may place a hold on your account. SHIPPING TERMS. Orders are shipped in accordance with our shipment policies. Please refer to the shipping section of the website.TRANSACTION. We act as a processor/facilitator of transactions. When you make a purchase from BEACHWARE.CO, you may create an account as part of the checkout process. You are responsible for maintaining the confidentiality of your password and restricting access to your password and account. You further agree to accept responsibility for all purchases and activities that occur under your account. Your placement of an order does not necessarily assure that we will accept your order. We reserve the right to refuse any order in our sole discretion and discontinue products without notice, even if you have already placed your order. In addition, before accepting your order, we may require additional information if you have not provided all of the information required by us to complete your order. Once a properly completed order is received, authorization of your form of payment is received and we have accepted your order, we will promptly place your order in line for shipment. For detailed information about how we facilitate our transactions, please refer to the “About” and “Pricing” sections of these TOU.QUANTITY LIMITS AND MERCHANT SALES. We reserve the right, at our sole discretion, to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address. We will provide notification to the customer should such limits be applied. We also reserve the right, at our sole discretion, to prohibit sales to dealers or resellers.
For purposes of these TOU, reselling shall be defined as purchasing or intending to purchase any product(s) from us for the purpose of engaging in a commercial sale of that same product(s) with a third party.REFUNDS. We only provide refunds for damaged items and unexpected circumstances. An unexpected circumstance is defined as when an item becomes unavailable prior to BEACHWARE.CO fulfilling the order. If an unexpected circumstance arises, we will refund the item that was not available.LICENSE. If you are 18 or older, we grant you a limited, revocable, nonexclusive, nonassignable, nonsublicensable license to access BEACHWARE.CO in compliance with these TOU; unlicensed access is unauthorized. The contents of BEACHWARE.CO, including without limitation the files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through BEACHWARE.CO (“Content”) may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except as authorized by these TOU or as otherwise authorized or approved in writing by Company. You may not frame or utilize framing techniques to enclose, or deep link to, any name, trademarks, service marks, logo, Content or other proprietary information (including images, text, page layout, or form) of ours without our express written consent.“”USE. You agree not to use or provide software (except for general purpose web browsers and email clients, or software expressly licensed by us) or services that interact or interoperate with BEACHWARE.CO, e.g. for downloading, uploading, posting, flagging, emailing, search, or mobile use. Robots, spiders, scripts, scrapers, crawlers, etc. are prohibited, as are misleading, unsolicited, unlawful, and/or spam postings/email.
You agree not to collect users’ personal and/or contact information (“PI”). You are prohibited from violating or attempting to violate the security of BEACHWARE.CO, including, without limitation, (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; or (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using BEACHWARE.CO or any portion thereof without authorization, in violation of these TOU or in violation of applicable law. In the event access to BEACHWARE.CO or a portion thereof is limited requiring a user ID and password (“Protected Areas”), you agree to access Protected Areas using only your user ID and password as provided to you by us. You agree to protect the confidentiality of your user ID and password, and not to share or disclose your user ID or password to any third party. You agree that you are fully responsible for all activity occurring under your user ID. Your access to BEACHWARE.CO may be revoked by us at any time with or without cause. You agree to defend, indemnify and hold us harmless from and against all third party claims, damages and expenses (including reasonable attorneys’ fees) against or incurred by us arising out of your breach of these TOU #43710993 v1 or violation of applicable law, your use or access of BEACHWARE.CO, or access by anyone accessing BEACHWARE.CO using your user ID and password.LINKS TO THIRD PARTY SITES OR ONLINE SERVICES. For your convenience, we may provide links to websites or other online services operated by third parties. We make no representations whatsoever about any third party website or online service that you may access through BEACHWARE.CO. When you access such websites or online services, please understand that they are independent from us, and that we have no control over the content on those websites or online services. In addition, simply because we provide a link to a third party website or online service does not mean that we endorse or accept any responsibility for the content, or the use, of the linked websites or online services. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party websites or online services linked to BEACHWARE.CO, you do this entirely at your own risk.SUBMISSIONS, REVIEWS, FEEDBACK AND OTHER POSTINGS TO BEACHWARE.CO.
If you submit, upload or post any comments, ideas, suggestions, information, files, images or other materials to us or our Site (“Submissions”), you agree not to provide any Submissions that (a) are defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (b) violate or infringe the privacy, copyright, trademark, trade dress, trade secrets or intellectual property rights of any person or entity, or (c) contain or transmit a virus or any other harmful component. You agree not to contact other site users through unsolicited e-mail, telephone calls, mailings or any other method of communication. You grant us a perpetual, irrevocable, unlimited, worldwide, fully paid/sublicensable license to use, copy, perform, display, distribute, and make derivative works from your Submissions. We are and shall be under no obligation (1) to maintain any Submissions in confidence; (2) to pay to you any compensation for any Submissions; or (3) to respond to any user Submissions. You agree to defend, indemnify and hold us harmless from and against all third party claims, damages and expenses (including reasonable attorneys’ fees) against or incurred by us arising out of any Submissions you post or allow to posted to BEACHWARE.CO.MODERATION. You agree we may moderate BEACHWARE.CO access and use in our sole discretion. Without limitation, we may block IP addresses, filter, delete content, delay, omit, verify, terminate any user’s access, account and license and/or take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of BEACHWARE.CO. You agree not to bypass said moderation. However, we do not undertake to review material before it is posted on BEACHWARE.CO, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section;
DISCLAIMER. MANY JURISDICTIONS HAVE LAWS PROTECTING CONSUMERS AND OTHER CONTRACT PARTIES, LIMITING THEIR ABILITY TO WAIVE CERTAIN RIGHTS AND RESPONSIBILITIES. WE RESPECT SUCH LAWS; NOTHING HEREIN SHALL WAIVE RIGHTS OR RESPONSIBILITIES THAT CANNOT BE WAIVED.TO THE EXTENT PERMITTED BY LAW, (1) WE MAKE NO PROMISE AS TO BEACHWARE.CO, ITS COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, PROPRIETY, SECURITY OR RELIABILITY; (2) YOUR ACCESS AND USE ARE AT YOUR OWN RISK, AND BEACHWARE.CO IS PROVIDED “AS IS” AND “AS AVAILABLE”; (3) WE ARE NOT LIABLE FOR ANY HARM RESULTING FROM (A) USER CONTENT; (B) USER CONDUCT, E.G. ILLEGAL CONDUCT; (C) YOUR BEACHWARE.CO USE; OR (D) OUR REPRESENTATIONS; (4) WE AND OUR OFFICERS, DIRECTORS, EMPLOYEES (“BEACHWARE.CO ENTITIES”), DISCLAIM ALL WARRANTIES & CONDITIONS, EXPRESS OR #43710993 v1 IMPLIED, OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, OR NON- INFRINGEMENT; (5) BEACHWARE.CO ENTITIES ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS (E.G. OF PROFIT, REVENUE, DATA, OR GOODWILL); (6) IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED $100 OR WHAT YOU PAID US IN THE PAST YEAR.CLAIMS.
You agree (1) any claim, cause of action or dispute (“Claim”) arising out of or related to the TOU or your BEACHWARE.CO use is governed by Pennsylvania law regardless of your location or any conflict or choice of law principle; (2) Claims must be resolved exclusively by state or federal court in Philadelphia, Pennsylvania (except we may seek injunctive remedy anywhere); (3) to submit to personal jurisdiction of said courts; (4) any Claim must be filed by 1 year after it arose or be forever barred; (5) not to bring or take part in a class action against BEACHWARE.CO Entities; (6) (except government agencies) to indemnify BEACHWARE.CO Entities for any damage, loss, and expense (e.g. legal fees) arising from claims related to your BEACHWARE.CO use; (7) you are liable for TOU breaches by affiliates (e.g. marketers) paid by you, directly or indirectly (e.g. through an affiliate network); and (8) to pay us for breaching or inducing others to breach the “USE” section, not as a penalty, but as a reasonable estimate of our damages (actual damages are often hard to calculate): $0.10 per server request, $1 per post, email, flag, or account created, $1 per item of PI collected, and $1000 per software distribution, capped at $25,000 per day.INTELLECTUAL PROPERTY.(a) Trademarks. “Beachware.co” and all other graphics, logos, page headers, button icons, scripts, service names and other Content that we use, manage or control are trademarks, registered trademarks or trade dress of ours or our subsidiaries, officers, employees, independent contractors, suppliers, representatives, advertisers, licensors, licensees, successors, assigns, agents, partners, or other affiliate (collectively “Affiliates”) in the United States or other countries or both. No one may use these trademarks or trade dress without our express written permission. All other trademarks that appear on BEACHWARE.CO are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by us or any of our Affiliates.(b) Copyright. Except in the case of Content under license to us, we claim a copyright, and all copyright protection afforded, under international and United States laws to all text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, software (ours or our software suppliers), and all other Content on BEACHWARE.CO.
The compilation of all Content on BEACHWARE.CO is our exclusive property, and it is similarly protected. We also claim a copyright, and all copyright protection afforded, under international and United States laws to all material described in the trademarks section above. Your access to all information and Content located on BEACHWARE.CO is strictly permitted through the license granted to you under these TOU. Except for the license granted in these TOU, all rights, title and interest in Content, in all languages, formats and media throughout the world, including all copyrights, are and will continue to be the exclusive property of ours and our licensors. Except as permitted by these TOU, you are prohibited from modifying, copying, distributing, displaying, publishing, selling, licensing, creating derivative works, or using any Content available on or through BEACHWARE.CO without our prior written permission, or in the case of Content owned by a third party, without first receiving permission from the owner of that Content. You may not alter or remove any trademark, copyright or other notice from copies of the Content.(c) Claims of Copyright Infringement. We respect the intellectual property of others and ask that you do the same. In accordance with the Digital Millennium Copyright Act, we have adopted and implemented a policy respecting intellectual property that provides for the removal of any infringing or unauthorized materials and for the termination of the ability to use or access the Services, in appropriate circumstances, with respect to users who infringe on the intellectual property rights of others. If you believe that a user is, through the use of the Services, unlawfully infringing by posting unauthorized Submissions, and wish to #43710993 v1 have the allegedly infringing or unauthorized material removed, please follow the procedures set forth below.
You should periodically visit this page to review the current TOU, so you are aware of any such revisions to which you are bound. Certain provisions of these TOU may be superseded by expressly designated legal notices or terms located on particular pages within BEACHWARE.CO.CONTACT. If you have any questions about these TOU, please contact us at +1 410-216-4568. I have read this disclosure and agree that the Lender/Creditor may contact me as described above.