AGREEMENT BETWEEN USER AND THE BEACHWAVER® CO. (“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.

You agree to indemnify and hold the company, its parents, subsidiaries, affiliates, officers, employees, agents and representatives harmless from any claim, demand, or damage, including reasonable attorneys’ fees, due to or arising out of your use of or conduct on the website and/or services, including but not limited to any allegation that any materials that you submit to the company or post in any comments section, infringe or otherwise violate the copyright, trade secret, trademark or other intellectual property rights of a third party. The company reserves the right to disclose any personal information about you or your use of the website and services, including its contents, without your prior permission if the company has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of the company or its affiliated companies; (3) enforce the website’s terms of use; or (4) act to protect the interests of its members or others. The company’s performance of this Agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of the company’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the website and/or services or information provided to or gathered by the company with respect to such use.

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.

Please see the privacy policy of The Beachwaver® Co. for disclosures related to collection and use of your information.

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.

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.

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.

The website may contain links to third party websites, including advertiser websites, which are not under the control of the company. The company is not responsible for the contents of any third party site, including without limitation any link contained therein, or any changes or updates to a third party site. The company is not responsible for webcasting or any other form of transmission received from any third party site nor is the company responsible if the third party site is not working appropriately. The company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the company of the site or any association with its operators. The company is not responsible for the legality, accuracy or inappropriate nature of any content, advertising, products or other materials on or available from any third party site. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the 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.


The company reserves the right to terminate your access to the website, if it determines that you are violating the terms of the Agreement.X