AGREEMENT BETWEEN USER AND THE BEACHWAVER® CO.
Beachwaver.com (“site”, “website”) is operated by The Beachwaver® Co. an Illinois corporation (“the company”, “us” or “we”).
The website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the website constitutes your agreement to all such terms, conditions, and notices. When you use this website, you are automatically agreeing that both your access to the site and your use of it are subject to all applicable laws, subject to the terms and conditions in this legal notice, which may change at any time without notice and is undertaken at your own risk at all times.
This Agreement constitutes the entire agreement and understanding between you and the company and governs your use of the website and the services, superseding any prior agreements between you and the company. This Agreement and the relationship between you and the company shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflict of law provisions. You irrevocably agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within the county of Cook, in the State of Illinois, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. The failure of the company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severed herefrom and shall not affect the validity and enforceability of any remaining provisions. The section titles in this Agreement are for convenience purposes only and have no legal or contractual effect. This Agreement is not assignable, transferable or sub-licensable by you except with our prior written consent. However, we may assign this Agreement to any third party whom we choose without your consent. No waiver by the company of any breach or default hereunder shall be deemed a waiver of any preceding or subsequent breach or default.
Use of the website and services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and the company as the company makes no representation or warranty that the content and materials on the website and/or the services are appropriate or available for use in locations outside the United States. Those who choose to access the website or use the services from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. The company reserves the right, at any time in our sole discretion, to limit the availability and accessibility of the website and/or the services to any person, geographic area, or jurisdiction we so desire, and to limit the quantities of any such service or products that we provide.
The company retains the right to modify this policy at any time and without notice to you. Your use of the site constitutes your acceptance of the modifications.
We grant to you a limited personal, non-exclusive and non-transferable right and license to access the website and use the services offered thereon (the “services”). Unless otherwise specified in writing, the website and services are for your personal and non-commercial use. You may not use the website and/or the services for any purpose that is unlawful or prohibited by these terms and conditions.
All text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations — both individually and as they are compiled on the site are the property of the company, or our vendors and are protected by United States and International copyright laws.
The trademarks of the company and our vendors may not be used without written permission. Trademarks include the Sarah Potempa, inc. name and logo, and other graphics, logos, page headers, button icons, scripts, and service names of Sarah Potempa, Inc. products, services, and programs, and those of our vendors.
All other trademarks that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the company or our vendors.
Our goal is to provide complete, accurate, up-to-date information on our website. We fact check all our information and make every effort to ensure that we are accurately reporting information. Unfortunately, it is not possible to ensure that any website is completely free of human or technical errors. This site may contain typographical mistakes, inaccuracies, or omissions, additionally, some information may not be complete or current. If you own the rights to a picture or notice that we have inadvertently mislabeled or used an image or likeness, please contact us and we will make every effort to correct the issue. Much of the information contained on the website is merely the opinion of the bloggers.
DISCLAIMER OF LIABILITY
We make no representations or warranties of any kind, whether express or implied, with respect to this website, its content, or the information available on or through it. Except as otherwise provided under applicable laws, we and our corporate affiliates, and the directors, officers, employees, agents, contractors, successors and assigns of each, will not be liable for any damages whatsoever arising out of or related to the use of this website or any other website linked to it. This limitation of liability applies to direct, indirect, consequential, special, and punitive or other damages you or others may suffer, as well as damages for lost profits, business interruption or the loss of data or information, even if we are notified in advance of the potential for any such damages.You specifically agree that the company shall not be responsible for unauthorized access to or alterations of your transmissions of data, any material or data sent or received or not sent or received or any transactions entered into through the website. You specifically agree that the company shall not be responsible or liable for any threatening, defamatory, obscene or illegal content or conduct of any other party or any infringement of another’s rights, including intellectual property rights.
The sections of the site, including but not limited to the the how-to’s, and step by step procedures to recreate hairstyles, are for entertainment purposes only. You specifically agree that we will not be liable for any damages whatsoever arising out information obtained in these sections and your attempts to utilize said information.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the website and services, you will not use the website or services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the website or services in any manner which could damage, disable, overburden, or impair the website or any of the service(s) (or the network(s) connected to the website and service(s)) or interfere with any other party’s use and enjoyment of the website and service(s). You may not attempt to gain unauthorized access to the website or any service, other accounts, computer systems or networks connected to the website or any service, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the website or services. In addition, you shall not register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for the website or any service if you are not expressly authorized by such party to do so.
LINKS TO THIRD PARTY SITES
Any dealings with third parties (including advertisers) included within the website or services or participation in promotions offered by third parties, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. The company shall not be responsible or liable for any part of any such dealings or promotions.
TERMINATIONThe company reserves the right to terminate your access to the website, if it determines that you are violating the terms of the Agreement.X