Terms of Service & Conditions

 

Thank you for choosing Beia LLC (“Beia”, “we”, “our”, or “us”). This Terms and Conditions Agreement (the “Terms”) is a legal agreement between you and Beia and governs your use of the Services. The “Services” means our website, [https://beiabeauty.com/], and any other website, social media pages, apps, or other digital medium owned or operated by us (or our affiliated companies) (together, the “Site”) and any and all products and services provided to you by Beia. By using our Services, you or your business (also “you” or “your” or “their” or “user”), as applicable, agree to be bound to these Terms, and to the extent such acceptance by you is made on behalf of any entity or other organization, the individual making such acceptance represents and warrants they are authorized to bind such entity or other organization to these Terms. 

BEFORE VIEWING OR BROWSING THE SITE OR USING THE SITE OR ANY PRODUCTS OR SERVICES OF BEIA, PLEASE READ THESE TERMS CAREFULLY, AS THEY (AMONG OTHER THINGS) LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

BY USING THE SERVICES, CREATING AN ACCOUNT, DOWNLOADING ANY APP WE MAY OFFER, ENTERING A CONTEST OR SPECIAL EVENT WE OFFER, COMPLETING A QUIZ ON THE SITE, AND/OR COMPLETING A PURCHASE WITH US YOU AGREE TO BE LEGALLY BOUND BY ALL TERMS AND CONDITIONS HEREIN. YOUR ACCEPTANCE OF THESE TERMS CREATES A LEGALLY BINDING CONTRACT BETWEEN YOU AND BEIA. IF YOU DO NOT AGREE WITH ANY ASPECT OF THESE TERMS, THEN DO NOT USE THE SITE, CREATE AN ACCOUNT WITH US, DOWNLOAD ANY APP WE OFFER, ENTER A CONTEST WE ARE ADMINISTERING, COMPLETE A QUIZ ON THE SITE, OR MAKE ANY PURCHASE VIA THE SERVICES.

1. Privacy Notice. By accessing or using our Services, you also acknowledge that you have read and agree to the terms set forth in our Privacy Notice, which contains details relating to our collection, use, and disclosure of your Personal Information (as defined therein).
2. Individual Features. When using the Services, you will be subject to any additional posted guidelines or rules applicable to specific services, offers, and features we may communicate from time to time (the “Guidelines”). All Guidelines are hereby incorporated by reference into these Terms. To the extent that any Guidelines conflict with these Terms, the Guidelines will govern with respect to the specific services, offers, or features to which they apply. Please note that additional and/or different conditions and terms of use may apply to media, contests, competitions, quizzes, products, or services provided through one or more of our partners or business associates, and you should refer to those before using or engaging with such features or services.
3. Modification. We may make modifications, deletions, and/or additions to these Terms or any Guidelines (“Changes”) at any time. Changes will be effective: (a) thirty (30) days after we provide notice of the Changes, whether such notice is provided via the Site or through other user interfaces; is sent to the email, address, or phone number associated with your Account; or is otherwise provided; or (b) when you opt-in or otherwise expressly agree to the Changes or a version of these Terms incorporating the Changes, whichever comes first.
4. Accounts. 
1. For some aspects of our Services, you may need to or be able to register an account with us (an “Account”). To use the Services in this manner and/or register an Account, you must represent that you are at least the age of majority in your state of residence, or that you are the age of majority in your state of residence and you have given us your consent to allow any of your minor dependents to use the Site, and also provide a valid email address and password to create your login profile for the Account. You may also need to add shipping and billing information to your Account to place orders.
2. All information that you provide to Beia or its vendors, agents, associates, or partners, including your payment card number or other financial account information, is subject to Beia’s Privacy Notice or the applicable third-party privacy notice or policy. If you have an Account, you are responsible for keeping your information up to date through any Account management options made available. Your Account and the rights and privileges provided to you as an Account holder are personal and non-transferable. If you make a purchase and/or create an Account with us, you agree to: (a) provide accurate, current, and complete information about you as may be prompted by any signup, login, checkout, and/or registration forms (“Registration Data”); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to us, to keep it accurate, current, and complete; (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to us; and (e) notify us immediately of any unauthorized use of your Registration Data or of any other breach of security regarding your Account. 
3. As an Account holder in connection with the Services or a registered user of the Services, you agree to receive emails and SMS text messages promoting special offer(s), including third party offers. We may from time to time send you our newsletter and similar communications. As a guest purchaser, you have the option to agree to receive emails promoting special offer(s), our newsletter, and similar communications. You may opt-out from receiving special promotions or our newsletter by opting to unsubscribe as may be provided in the applicable email correspondence. You cannot opt-out of certain emails regarding transactions you enter into with us. 
4. Certain products or services may be available exclusively online through the Site. These products may have limited quantities and may be subject to greater restrictions regarding any availability, return, or exchange. We reserve the right, but are not obligated, to limit the sales of our products, or limit the offering of our 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 or pricing for products or services are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any products or services at any time. Any offer for any products or services made on our Site is void where prohibited. 
5. 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, using the same payment card or other financial account, orders that use the same billing and/or shipping address, and/or orders that we otherwise have reason to believe are being placed by or on behalf of one person or household. In the event we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address and/or 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.
5. Billing and Payments.
1. The price of all products or services is payable in full before delivery. All sales and any other fees are in U.S. dollars. If you wish to cancel or modify a purchase, you may email us at [info@beiabeauty.com]; however, any amounts charged to or paid by you prior to such modification or cancellation request may not be refunded and communication may not impact any order for which you have already been charged, depending on the state of the order. It is your responsibility to keep your payment method up-to-date, as well as to cancel your Account (as applicable).
2. We may change the price of, introduce new, or remove products or services from time to time and may communicate any price or product changes to you in advance. By continuing to use the purchase options available on the Services after the effective date of a price change, you indicate your acceptance of such change. Please make sure you read any notifications of price changes carefully.
3. Payment processing for the products or services is provided by one or more third party payment processors as we may designate from time to time (“Payment Processor”). Beia does not collect or store your payment card information. You can find out more about our privacy practices in our Privacy Notice and more about our Payment Processor’s privacy practices by viewing our Payment Processor’s privacy notice. By providing a payment card or other payment method accepted by our Payment Processor or us, you represent and warrant that you are authorized to use the designated payment method and that you authorize our Payment Processor to charge or debit your payment method for the total amount of your transaction and any applicable fees (including any applicable taxes and other charges). If the payment method you provide cannot be verified, is invalid, or is otherwise not acceptable, your Account with us and any requests or orders for products or services may be suspended or canceled. You must resolve any problem we or our Payment Processor encounters in order to proceed with your use of your Account, complete your purchase(s), or receive any products or services.
6. Shipping and Risk of Loss; Taxes. Unless otherwise indicated at the time of your purchase, shipping and handling fees for products are included with your order. Shipping to continental U.S. destinations is typically [1-15] business days, tracking is provided, and the delivery may be made by USPS, FedEx, or UPS, depending on the shipping option selected, shipping rates available at the time of shipment, the size of your order, and other factors. At this time, we are not shipping to other locations. Shipping dates and/or arrival times are only estimates, and not all products may be available for purchase or delivery in your area. Orders can take up to 3 business days to be fulfilled. Shipping and delivery time estimates do not include the time to process your order, so please keep this in mind if ordering under time sensitive conditions. You must notify us within thirty (30) days of the receipt of your purchase if you believe all or part of your order is missing or damaged. Replacement of products and credits to your Account for shipped products claimed as not received are subject to our investigation, which may include postal-service notification. We will adjust your Account at our discretion. Repeated claims of undelivered products may result in the cancellation of your Account or future orders. You may be charged, and are solely responsible for, applicable local and state sales tax.
7. Returns and Exchanges. Except as may be otherwise stated at the time of purchase or otherwise by Beia, we may offer a full refund to the original payment method within 90 days of your original purchase using the Services, provided that all products to be returned are unopened. Products purchased from retailers must be returned to the retailer under the retailer’s return or exchange policy. If you have concerns or problems with the products you receive, please contact us by email at [info@beiabeauty.com] or via the contact information made available by way of the Services, and we will attempt to resolve the issue. We reserve the right, in our sole discretion, to issue or not issue refunds or exchanges for returned products or canceled services. 
8. International Access. The Services are intended only for residents of the United States. Any products or services we offer are only available for sale within the United States. If you access and use the Services outside of the United States, you are responsible for complying with your local laws and regulations. We make no representation that any part of the Services or any available product or service is appropriate or available for use in other locations. You may not download, use, export, or re-export any content posted via the Services, including any Beia Materials (defined below) on or made available through the Services, or any products or services utilized or available in connection with the Services in violation of any applicable laws or regulations, including, without limitation, United States export laws, regulations, and controls.
9. Ownership; Proprietary Rights. The Services are owned and operated by Beia. The content, visual interfaces, information, graphics, design, compilation, computer code, products, software, Site, and all other offerings and elements thereof that are provided by Beia (“Beia Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Beia Materials are the proprietary property of Beia or its subsidiaries or affiliated companies and/or third-party licensors, or as otherwise noted in connection therewith. All trademark, service mark, and trade name rights mentioned via or in connection with the Services (collectively, “Marks”) are the property of their respective owners. Except as expressly authorized by Beia, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, infringe upon, or otherwise make unauthorized use of the Beia Materials or Marks.
10. Errors, Inaccuracies, and Omissions. Occasionally, there may be information made available via the Services that contains errors, inaccuracies, or omissions that may relate to descriptions, pricing, promotions, offers, and availability of products and/or services. The Services may also contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We have made every reasonable effort to display as accurately as possible the colors and images of our products that appear on the Site. We cannot guarantee that your computer monitor’s display of any color will be accurate. The Beia Materials should never be relied upon as the sole basis for making any decisions to purchase products or services from Beia. We and our third-party providers, vendors, agents, associates, or partners will not be liable for any purchase decisions made based on the Beia Materials. Any reliance on the Beia Materials is at your own risk, and you assume any and all risks associated with your purchase decisions. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information made available via the Services is inaccurate at any time, without prior notice (including after you have submitted your order), but we have no obligation to update any information on the Services. You agree that it is your responsibility to monitor changes to the Services.
11. Third Party Sites. These Terms apply to our Services and our products or services made available thereon. The Services may include advertisements or other links that allow you to access web sites or other online services that are owned and operated by third parties. These links may also allow you to sign in to our Services through a third-party account. We and our third-party providers, affiliates, agents, and licensors may be active investors in businesses related to or mentioned on the Services and may or may not have open investment positions in those businesses. You assume any and all risk associated with your purchase decisions irrespective of whether we or our third-party providers, affiliates, agents, or licensors hold positions in products mentioned on the Services. You acknowledge and agree that Beia is not responsible and will have no liability for the content of such third-party sites, any products or services made available through them, or your use of or interaction with them. If provided, you should review the terms and conditions of any linked websites or resources carefully.
12. Third-Party Services. The Services may include features or functionality that interoperate with online services operated by third parties (such services, “Third-Party Services”), such as to pay for products through a Third-Party Service, pursuant to agreements between Beia and the operators of such Third-Party Services (such agreements, “Third-Party Agreements” and such operators, “Operators”) or through application programming interfaces or other means of interoperability made generally available by the Operators (“Third-Party APIs”) which Beia does not control. Third-Party Agreements and Third-Party APIs (and the policies, terms, and rules applicable to Third-Party APIs) may be modified, suspended, or terminated at any time. You acknowledge and agree that Beia is not responsible and will have no liability for the content of such third-party sites, products, or services made available through them, or your use of or interaction with them. You should review the terms and conditions of any linked websites carefully.
13. Prohibited Uses.
1. As a condition of your use of the Services or Beia Materials, you agree that you will not use any of them for any purpose that is unlawful or prohibited by these Terms. Access to the Beia Materials or the Services from locations where such access is illegal is strictly prohibited. You are responsible for complying with all local rules, laws, and regulations including, without limitation, rules about intellectual property rights, the internet, technology, data, email, payments, or privacy.
2. Except as expressly permitted by Beia, any use of any of the Beia Materials other than for private, non-commercial use is strictly prohibited.
3. You may not use the Services in any manner that in our sole discretion could damage, disable, overburden, or impair it or interfere with any other party’s use of the Services. You may not intentionally interfere with or damage the operation of the Services or any user’s enjoyment of the Services, or any portion thereof, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code. You may not remove, circumvent, disable, damage, or otherwise interfere with any security-related features of the Services, features that prevent or restrict the use or copying of any content accessible through the Services, or features that enforce limitations on the use of the same. You may not attempt to gain unauthorized access to the Services, or any part thereof, other accounts, computer systems or networks connected to the Services, or any part of them, through hacking, password mining, or any other means, or interfere or attempt to interfere with the proper working of the Services or any activities conducted on or in connection with the same. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services. You agree not to modify the Services in any manner or form. You further agree not to use modified versions of the Services, including (without limitation) for the purpose of obtaining unauthorized access to the Services. Any resale or commercial use of the Services or Beia Materials is prohibited, as is the distribution, public performance, or public display of any Beia Materials; the sending of any junk or unsolicited mail to other users of the Services, including, but not limited to, unsolicited or unauthorized advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, email, junk mail, spam, chain letters, informational announcements, charity requests, petitions for signatures, or other form of solicitation; the collecting or storing any personal information from other users of the Services; and any use of the Services or Beia Materials other than for their intended purpose.
4. Portions of the Services may contain robot exclusion headers. You agree that you will not use any robot, spider, scraper, crawler, or other automated means to access the Services for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Services.
5. You may not utilize framing techniques to enclose any trademark, logo, or other Beia Materials without our prior, express written consent. You may not use any metatags or any other “hidden text” utilizing Beia’s name or trademarks without our prior, express, written consent.
6. You may not deep-link to any portion of the Services and will, upon notice from Beia, promptly remove any links that Beia finds objectionable in its sole discretion. You may not use any Beia logos, graphics, or trademarks as part of a link without our prior, express, written consent.
7. Any use of Beia Materials or our Services, other than as specifically authorized in these Terms, without our prior written permission, is strictly prohibited and will terminate any license or rights granted herein to you. Such unauthorized use may also violate applicable laws including, but not limited to, copyright and trademark laws and applicable communications regulations and statutes. We have the right to terminate the access, orders and/or Accounts of users who we believe to be violating any laws whatsoever. Unless explicitly stated herein, nothing in these Terms will be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise.
14. Information. In order to access certain aspects of the Services, you may be required to create an Account and/or provide specific information. All information you submit must be truthful. Any Account access codes or passwords provided should be safeguarded at all times. You are responsible for the security of your Account (if any) and access codes and passwords and will be solely liable for any use or unauthorized use of the Services under such access codes or passwords. We may suspend or terminate your access at any time with or without notice. To understand how we use information collected from you, please read our Privacy Notice.
15. User Communications. Under these Terms, you consent to receive communications from Beia electronically, including via email. We may communicate with you by email or by posting notices on the Services. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. The Services, including social media pages or sites connected to Beia, may allow you or other users to post, link, store, or otherwise make available a wide variety of information, text and/or other materials to others (“User Content”). You are solely responsible for your use of User Content and features and use it at your own risk. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce your User Content. By using the Services, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through our Services any of the following: 

• User Content that is unlawful, libelous, defamatory, obscene, pornographic, harassing, threatening, invasive of privacy or publicity rights, deceptive, fraudulent, or otherwise objectionable (as determined in our reasonable discretion);
• User Content that would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party or that would any local, state, national, or international law;
• User Content that may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party;
• User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity; or that provides private information of any third-party including addresses, phone numbers, email addresses, Social Security numbers, and similar information; 
• User Content that, in our sole judgment, is objectionable or that restricts or inhibits any other person from using and benefiting from our Site, including, without limitation, User Content that contains or installs any viruses, worms, malware, Trojan horses, or other harmful or destructive content;
• User Content that is spam, is machine- or randomly-generated, or contains unethical or unwanted commercial content, or that furthers unlawful acts (such as phishing) or misleads recipients as to the source of the material (such as spoofing);
• User Content that does not comply strictly with any carrier agreements and terms associated with your mobile device; and
• User Content that attempts to disrupt the Services.

We may from time to time provide interactive components of the Services, including, without limitation: user-maintained help websites, chat rooms, and bulletin boards. Where we do provide any interactive components, we will attempt to provide clear information to you about the kind of service offered, if it is moderated, and what form of moderation is used (including whether it is human or technical). We will do our best to assess any possible risks for users from third parties when they use any interactive service provided, and we will decide in each case whether it is appropriate to use moderation (including what kind of moderation to use) in light of those risks. However, we are under no obligation to oversee, monitor, or moderate any interactive service we provide, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether such service is moderated or not.

Mobile App.

1. The Services may include a mobile app (the “App”), including, but not limited to, an App developed for the Apple Inc. (“Apple”) and Alphabet Inc. (“Android”) mobile platforms. The App is a component of the Services and is subject to these Terms, along with any content contained therein. The App may collect Personal Information from you. Please refer to the Privacy Notice for how we handle such Personal Information.
2. The App is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms. You will only use the App in connection with a device that you own or control.
3. By using the App, you agree that we may communicate with you regarding Beia by electronic means to your mobile device and that certain information about your usage of the App may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Beia account information to ensure that your messages are not sent to the person that acquires your old number.
4. In order to use the App, your mobile device must satisfy certain system requirements. Those requirements can be found on the Apple and Google app marketplaces. Beia may, from time to time in its sole discretion, make updates, modifications, supplements, or new versions of the App or other portions of the Services available to you under these Terms for the purpose of, among other things, distributing bug fixes, patches, and feature improvements, or for any other reason. We highly recommend that you enable automatic updating on your mobile device or that you promptly install all updates as they appear. Beia disclaims any and all liability relating to your failure to install any updates to the App. Notwithstanding the foregoing, Beia does not have any obligation to provide any bug fixes, modifications, updates, or technical or end user support for the App.
5. You and Beia acknowledge that the Terms are concluded between you and Beia only, and not with Apple or Google, and that Apple and Google are not responsible for the App or the content thereof. You acknowledge and agree that Apple and Google have no obligation whatsoever to furnish any maintenance or support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, including those implied by law, you may notify Apple or Google of such failure; upon notification, Apple and Google’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the App.
6. You acknowledge and agree that Beia, and not Apple or Google, is responsible for addressing any claims you or any third party may have in relation to the App. You acknowledge and agree that in the event of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, Beia, and not Apple or Google, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim. Both you and Beia acknowledge and agree that, in your use of the App, you will comply with any applicable third-party terms of the agreement which may affect or be affected by such use.
7. Both you and Beia acknowledge and agree that Apple and Apple’s subsidiaries and Google and Google’s subsidiaries are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple and Google will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof.
1. Ownership of Feedback, Testimonials, and User Content.
1. You are under no obligation to provide any reviews, comments, suggestions, ideas, enhancement requests, feedback, and recommendations (“Feedback”) to us. You hereby agree that Beia alone (and its licensors, where applicable) will own all right, title, and interest, including all related intellectual property rights, in and to any Feedback you provide to Beia in any media regarding the Services or Beia Materials, and accordingly hereby assign such to Beia without any requirement for compensation or accounting therefor. You hereby waive any and all of your rights of droit moral and similar rights with respect to any Feedback.
2. From time-to-time, Beia may permit end-users to submit reviews and testimonials regarding certain of the Services, as well as biographical information associated with such end-users (collectively “Testimonials”). By submitting a Testimonial, you irrevocably grant to Beia the right to use the Testimonial, or any portion thereof, in any and all forms of marketing and promotional material, whether now known or hereafter developed for any and all uses. You certify to Beia that everything you state in the Testimonial is true and an expression of your personal belief. You acknowledge and agree that: (a) at no time did Beia provide you with any consultation, advice, or guidance with respect to the substance of the Testimonial; (b) you are not an employee, officer, or director of Beia; (c) you are not an immediate family member of an employee, officer, or director of Beia; and (d) you are not living in the same household with an employee, officer, or director of Beia. You understand and agree that the Testimonial, in whole or in part, may be edited and/or dramatized, and that any part of the Testimonial may be used without compensation to you. You agree that no advertisement or other material incorporating or making reference to the Testimonial need be submitted to you for approval. Beia will be without liability to you whatsoever for any distortion or illusionary effect resulting from its publication of the Testimonial. You expressly release Beia from any and all claims that you have or may have for breach of right of publicity, invasion of privacy, defamation, copyright infringement, or any other claim or cause of action arising out of or in connection with any production, distribution, duplication, broadcast, exhibition, publication, advertisement, or promotion utilizing or incorporating the Testimonial, or any other use of the Testimonial whatsoever. You acknowledge and agree that Beia will not be liable for any causes of action or claims related to your decision to provide the Testimonial to Beia.
3. You also hereby grant Beia a nonexclusive, royalty-free, fully-paid, perpetual, irrevocable, world-wide, assignable, licensable, and transferable license to use and otherwise exploit any User Content or information other than Feedback provided by you or any other party relating to the Services or Beia Materials on or in any and all media (now known or hereafter developed) at Beia’s discretion. This license survives termination of these Terms. Beia reserves the right, and has absolute discretion, to remove, screen, or edit any Feedback or User Content posted or stored on the Services at any time and for any reason without notice. You are solely responsible for creating backup copies of and replacing any User Content you post or store on or using our Services, at your sole cost and expense.
4. You represent and warrant that: (a) you will obtain all rights and provide any disclosures to or obtain any consents, approvals, authorizations, and/or agreements from any employee or third party that are necessary for us to collect, use, and share Feedback or User Content you submit and (b) no Feedback or User Content you submit infringes upon or violates any other party’s intellectual property rights, privacy, publicity or other proprietary rights. 
2. Availability of Site.
1. Beia may make changes to or discontinue any portion of the Services at any time, for any reason, and without notice. Beia makes no commitment to update the media, contests, quizzes, content, or products or services made available via the Services.
2. Use of the Site requires an internet connection and may result in charges from your cellular or internet service provider(s). Beia is not responsible for any such charges. Beia is also not liable for any disruption, failure, or malfunction of the Internet or other service providers or for any other situation or event that is out of Beia’s direct control. Beia is not responsible for any acts or omissions of your cellular communication or Internet Service Providers, or unavailability or errors associated with their systems or services.
3. Notice. Except as explicitly stated otherwise, legal notices will be served by a user on Beia’s registered agent in the state of New York, or by Beia to the email address you provide to Beia during any Account registration or purchase process using the Services. Notice will be deemed given 24 hours after a notice is sent to you by email, unless the sending party is notified that your email address is invalid. You agree that any notices, agreements, disclosures, or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing. Alternatively, in our sole discretion, we may give you legal notice by mail to the mailing address provided during any Account registration or purchase process using the Services. In such a case, notice will be deemed given three (3) days after the date of mailing.
4. Violations; Termination. 
1. You agree that Beia, in its sole discretion and for any or no reason, may terminate any user, member, or Account (or any part thereof) or your use of the Services at any time. Beia may also, in its sole discretion and at any time, discontinue providing access to the Services, or any part thereof, with or without notice. 
2. Beia does not permit copyright infringing activities on the Site. In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, account holders who are deemed to be repeat infringers. We may also, at our sole discretion, limit access to our Services and/or terminate the Accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. Additionally, we reserve the right to limit access to our Services and/or terminate Accounts of any users, for reasons of our own discretion that we are not obligated to reveal, at any time.
3. You agree that any termination of your access to the Services or any Account you may have with us or portion thereof may be effected without prior notice, and you agree that Beia will not be liable to you or any third-party for any such termination. Any suspected fraudulent, abusive, or illegal activity in connection with your use of the Services may be referred to appropriate law enforcement authorities. 
4. Beia also reserves the right to access, read, preserve, and disclose any information we reasonably believe is necessary to (a) satisfy any applicable law, regulation, legal process, or governmental request, (b) enforce these Terms, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of Beia, its users, and/or the public. Beia also reserves the right to remove content alleged to be infringing another’s intellectual property rights without prior notice, at our sole discretion. 
5. These remedies are in addition to any other remedies Beia may have at law or in equity. You agree that Beia will not be liable to you or any third-party for any such termination. All provisions which, by their nature, are intended to survive termination, including those with respect to payment obligations accruing prior to such termination, will survive any termination of these Terms.
5. Disclaimers; No Warranties. 
1. YOU ARE SOLELY RESPONSIBLE FOR DETERMINING IF THE SERVICES ARE SUITABLE FOR USE. THE SERVICES AND ANY MEDIA, SOFTWARE, SERVICES, PRODUCTS, APPLICATIONS, MATERIALS, AND/OR THIRD-PARTY CONTENT MADE AVAILABLE IN CONNECTION WITH OR THROUGH THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BEIA AND ITS VENDORS, AGENTS, ASSOCIATES, AFFILIATES, AND/OR PARTNERS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NONE OF BEIA OR ITS SUPPLIERS OR PARTNERS WARRANT THAT THE FEATURES CONTAINED IN OR VIA THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE PROVIDER OR SERVER THAT MAKES THEM AVAILABLE IS FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS. 
2. NONE OF BEIA OR ITS VENDORS, AGENTS, ASSOCIATES, AFFILIATES AND/OR PARTNERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT BEIA OR ITS VENDORS, AGENTS, ASSOCIATES, AFFILIATES AND/OR PARTNERS) ASSUME THE ENTIRE COST OF ANY NECESSARY SERVICING, REPAIR, OR CORRECTION. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD, OR OTHERWISE OBTAIN MEDIA, MATERIAL, OR OTHER DATA THROUGH THE USE OF THE SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE WHATSOEVER THAT RESULTS FROM SUCH MATERIAL OR DATA. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
6. Indemnification; Hold Harmless. You agree to indemnify and hold Beia, and its vendors, agents, employees, associates, and/or partners, harmless from any claims, losses, damages, liabilities, including attorney’s fees, arising out of your use or misuse of the Services in violation of these Terms, including breach of any of your representations, warranties, or covenants herein, or in violation of the rights of any other person or entity. Beia reserves the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate, at your sole cost and expense, with our defense of these claims.
7. Limitation of Liability and Damages. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL BEIA OR ITS VENDORS, AGENTS, EMPLOYEES, ASSOCIATES, AFFILIATES, AND/OR PARTNERS, BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT RESULT FROM YOUR USE OR THE INABILITY TO USE THE BEIA MATERIALS OR THE SERVICES, OR ANY OTHER INTERACTIONS WITH BEIA, EVEN IF BEIA OR A BEIA AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, BEIA’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IN NO EVENT WILL BEIA’S OR ITS VENDORS’, AGENTS’, EMPLOYEES’, ASSOCIATES’, AFFILIATES’, AND/OR PARTNERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES (WHETHER IN CONTRACT, TORT, WARRANTY, OR OTHERWISE) EXCEED THE AMOUNTS ACTUALLY PAID BY YOU TO BEIA IN THE MONTH IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE APPLICABLE CLAIM. THESE LIMITATIONS WILL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS SOLD TO YOU BY THIRD PARTIES OTHER THAN BEIA AND RECEIVED BY YOU THROUGH ANY LINKS PROVIDED VIA THE SERVICES. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN BEIA AND YOU.
8. Binding Arbitration; Class Action Waiver. 
1. Except for matters relating to the enforcement of Beia’s intellectual property rights, all disputes, controversies, or claims arising out of or relating in any way to the Services, your participation in any of the features available through them and/or your purchase of any products or services via the Services will be finally resolved by arbitration as provided below. You are giving up the right to litigate a dispute with Beia before a judge or jury. Arbitration will be solely on an individual basis, and you expressly waive the ability to participate in a class or representative proceeding, including any class arbitration or representative arbitration proceedings. The arbitral tribunal may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. In the event the prohibition on class arbitration is deemed invalid or unenforceable, then the remaining portions of the agreement to arbitrate will remain in force. To the extent that you or Beia opts out of arbitration following the procedure set forth below, or if this arbitration agreement is found inapplicable to a dispute between you and Beia, you expressly waive the ability to participate in any class or representative litigation. An arbitral tribunal will have the power to rule on any challenge to its own jurisdiction or to the validity or enforceability of any portion of this agreement to arbitrate.  
2. If a dispute arises that is subject to arbitration, you must give Beia written notice and an opportunity to resolve it. Your notice must include your name, your address, a written description of the dispute, and a specific description of the relief you are seeking. If Beia does not resolve the dispute within 45 days after receiving your notice, you may pursue arbitration as provided below by sending a written demand for arbitration to Beia at [32 Cedar Pond Lane Poughkeepsie, NY 12603]. 
3. Any dispute or claim that is subject to arbitration but is not resolved by the pre-arbitration dispute process will be submitted to binding arbitration. The disputes and claims subject to arbitration will be resolved by a single arbitrator mutually agreed upon by you and Beia. If we cannot agree on an arbitrator, then an arbitrator will be selected pursuant to Rule 12 of the Judicial Arbitration and Mediation Services (“JAMS”) Streamlined Arbitration Rules and Procedures. The arbitrator will be bound by and will strictly enforce these Terms and any other applicable agreement between us, and may not limit, expand, or otherwise modify any such terms. The arbitrator may award any relief that a court of law could, applying the limitations of liability contained in these Terms. The arbitrator may award injunctive relief if permitted by law – but the injunctive relief awarded by the arbitrator may not extend beyond your dealings with Beia. Any arbitration will be held in New York, New York, unless otherwise agreed upon by you and Beia in writing.  You and Beia will each bear your own expenses in the arbitration and will share equally the costs of the arbitration; provided, however, that the arbitrator will award costs and fees to the prevailing party if it is determined that the other party submitted a claim with no reasonable basis or filed any claim in bad faith.
4. You may opt out of the agreement to arbitrate by providing written notice of your intention to do so to Beia at [32 Cedar Pond Lane Poughkeepsie, NY 12603] no later than 60 days after initial acceptance of these Terms.  The procedure spelled out herein is the only way to opt out of arbitration, and any attempts to opt out after the deadline set forth herein will be ineffective. Notwithstanding your decision to opt out of arbitration, you still waive the ability to participate in any class or representative litigation.
5. Because the Services and these Terms concern interstate commerce, the Federal Arbitration Act governs the interpretation and enforcement of the arbitration rules (notwithstanding the application of state law to any underlying claims as provided above). You agree the arbitration and other provisions of this section “Binding Arbitration; Class Action Waiver” survives any termination of these Terms.
9. Miscellaneous.
1. Minors. The Services are not directed to minors under the age of eighteen (18) years. Consistent with applicable law, we do not knowingly collect personal information from minors under the age of thirteen (13) years without the consent of their parents or guardians. If we learn that we have inadvertently obtained information in violation of applicable laws prohibiting collection of information from minors without such consent, upon proper notice, authority, and necessary confirmation of such, we will work to promptly delete this information.
2. Governing Law. These Terms will be governed by and construed in accordance with the laws of the State of New York without giving effect to any principles of conflicts of law that would result in the application of the laws of another jurisdiction. YOU HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD-PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THESE TERMS. FURTHER, YOU HEREBY CERTIFY THAT NO REPRESENTATIVE OR AGENT OF BEIA HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT BEIA WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. YOU ACKNOWLEDGE THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR BEIA TO ENTER INTO AGREEMENT PURSUANT TO THESE TERMS.
3. Force Majeure; Waiver. Beia is not liable or responsible, nor will Beia be deemed to have defaulted under or breached these Terms, for any failure to perform or delay in performing its obligations under these Terms due to an event of force majeure. An event of force majeure is any event or circumstance beyond Beia’s reasonable control, such as war, hostilities, act of God, earthquake, flood, fire, or other natural disaster, strike or labor conditions, material shortage, epidemic, disease, government action, or failure of utilities, transportation facilities, or communication or electronic systems. A waiver of any breach of any provision of these Terms will not be construed as a continuing waiver of other breaches of the same or other provisions of these Terms.
4. Severability. If any provision of these Terms will be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.
5. Assignment. These Terms and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Beia without restriction.
6. Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
7. Entire Agreement. These Terms, including the recitals hereto, as may be revised or supplemented via Guidelines or amendments in our discretion, is the entire agreement between you and Beia relating to the subject matter herein.

Claims. YOU AGREE THAT ANY CAUSE OF ACTION BROUGHT BY YOU AGAINST BEIA ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

1. Copyright Complaints. If you believe that anything on our Services infringes upon any copyright which you own or control you may notify us of such infringement by sending an email to [info@beiabeauty.com]. Please see 17 U.S.C. §512(c)(3) for the general requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you may be liable for any damages including, but not limited to, costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

Disclosures / Contact Information. The Site is operated by Beia LLC, email: [info@beiabeauty.com]. If you are a California resident, you may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs via mail at 1625 North Market Blvd., Suite N112, Sacramento, CA 95834 or telephone at (916) 445-1254 or (800) 952-5210. Hearing impaired users can reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at TDD (800) 326-2297 or TDD (916) 322-1700.