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Last updated December 2, 2024
These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and BeaResilient, LLC (“we,” “us” or “our”), concerning your access to and use of the www.beatricegarrett.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). You agree that by accessing the Site, you have read, understood, and agree to be bound by these Terms and Conditions. If you do not agree with these Terms and Conditions, you are expressly prohibited from using the Site and must discontinue use immediately.
Supplemental terms and conditions or documents posted on the Site from time to time are expressly incorporated herein by reference. We reserve the right to change these Terms and Conditions at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms and Conditions, and you waive any right to receive notice of each such change.
You are responsible for periodically reviewing these Terms and Conditions to stay informed of updates. You are subject to and deemed to be aware of and accept the changes in any revised Terms and Conditions by your continued use of the Site after the date revised Terms and Conditions are posted.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Site visitors who choose to access the Site from other locations do so on their initiative and are solely responsible for compliance with local laws if and to the extent local laws are applicable.
The Site is intended for users who are at least 18 years old. Site visitors under 18 are not permitted to register for the Site.
Our store is hosted on WooCommerce. They provide us with an online e-commerce platform that allows us to sell our products and services to you.
Certain products or services may be available exclusively online through the Site. These products or services may have limited quantities and are subject to our Return Policy. We make every effort to display the colors, features, specifications, and product details as accurately as possible. However, we do not guarantee the colors, features, specifications, and details of products will be accurate, complete, reliable, current, or free of other errors. Our electronic display may not accurately reflect the actual colors and details of the products. All products are subject to availability and we cannot guarantee the items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.
We reserve the right to refuse any order you place with us. We may at our 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, the same credit card, and/or orders that use the same billing and/or shipping address. If we make a change to or cancel an order we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that in our judgment appear to be placed by dealers, resellers, or distributors.
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions.
The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms and Conditions no part of the Site and no Marks, content, quotes, graphics, video, or products may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever without our express prior written permission.
Subject to your compliance with these legal terms, including the prohibited activities section below, provided that you are eligible to use the site you are granted a non-exclusive, non-transferable, revocable limited license to download or print a copy or portion of the content and digital products you have properly gained access for your personal and not commercial use.
If you wish to use our Content other than as set out in this section or elsewhere in our Legal Terms, please address your request to: Info@beatricegarrett.com. If we permit you to post, reproduce, or publicly display our Content, you must identify us as the owners or licensors of the Content and ensure that copyright or proprietary notices appear or are visible on posting, reproducing, or displaying our content.
We reserve all rights not expressly granted to you in and to the Site, the Marks, Content, Quotes, Digital products, and video.
By using the Site, you represent and warrant that:
(1) You have the legal capacity and agree to comply with these Terms and Conditions; (2) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Site; (3) you will not access the Site through automated or non-human means, whether through a bot, script or otherwise; (4) you will not use the Site for any illegal or unauthorized purpose; (5) your use of the Site will not violate any applicable law or regulation.
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:
The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other engagement tools, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”).
Contributions may be viewable by other users of the Site and through third-party websites. Any Contributions you transmit are treated as non-confidential and non-proprietary. When you create or make available any Contributions, you represent and warrant that:
Any use of the Site in violation of the preceding violates these Terms and Conditions and may result in among other things, termination or suspension of your rights to use the Site.
We may provide you with areas on the Site for leaving reviews or ratings. When posting a review, you must comply with the following criteria:
(1) Your reviews do not contain profanity, political, abusive, racist, offensive, or hate language;
(2) Your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability;
(3) Your reviews should not contain references to illegal activity; (4) You should not be affiliated with competitors if posting negative reviews;
(5) You should not make any conclusions as to the legality of conduct;
(6) You may not post any false or misleading statements;
(7) You may not organize a campaign encouraging others to post positive or negative reviews.
We may accept, reject, or remove reviews at our discretion. Reviews are not endorsed by and do not represent our opinions or the views of our affiliates or partners. We do not assume liability for any review or claims, liabilities, or losses resulting from any review. By posting a review you grant us a perpetual, non-exclusive, worldwide, royalty-free, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and or distribute all content relating to reviews.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions”) provided by you to us are non-confidential and shall become our property. We shall own exclusive rights including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise without acknowledgment or compensation to you.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions”) provided by you to us are non-confidential and shall become our property. We shall own exclusive rights including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise without acknowledgment or compensation to you.
The Site may contain (or you may be sent via the Site) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”).
Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.
Inclusion of linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content you do so at your own risk and you should be aware these Terms and Conditions no longer govern.
You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
We reserve the right, but not the obligation to: (1) Monitor the Site for violations of these Terms and Conditions;
(2) Take appropriate legal action against anyone who in our discretion violates these Terms and Conditions, including without limitation reporting such user to law enforcement authorities;
(3) In our discretion and without limitation refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) In our discretion and without limitation, notice, or liability remove from the Site or disable all files and content that are excessive in size or are in any way burdensome to our systems;
(5) Manage the Site to protect our rights and property and to facilitate the proper functioning of the Site.
We care about data privacy and security. Please review our Privacy Policy posted on the site. https://beatricegarrett.com/privacy-policy/ By using the Site, you agree to be bound by our Privacy Policy which is incorporated into these Terms and Conditions. Please be advised the Site is hosted in the United States.
If you access the Site from the European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States then through your continued use of the Site you are transferring your data to the United States and you expressly consent to have your data transferred to and processed in the United States.
We do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, per the U.S. Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without verifiable parental consent, we will delete that information from the Site as quickly as is reasonably practical.
These Terms and Conditions shall remain in full force and effect while you use the Site.
WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS, WE RESERVE THE RIGHT TO AT OUR DISCRETION AND WITHOUT NOTICE OR LIABILITY DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES) TO ANY PERSON FOR ANY REASON OR NO REASON INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS AND CONDITIONS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME WITHOUT WARNING AT OUR DISCRETION.
We reserve the right to change, modify, or remove the content of the Site at any time or for any reason at our discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.
We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms and Conditions will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.
The terms and conditions and your use of the Site are governed by and construed by the laws of the State of Wisconsin applicable to agreements made and to be entirely performed within the State of Wisconsin without regard to its conflict of law principles.
Before initiating arbitration the parties agree to first attempt to resolve any dispute, claim, or controversy (a “Dispute” and collectively, the “Disputes”) through informal negotiations. Such informal negotiations will commence upon written notice from one party to the other and will last for ten (10) days.
If the Parties cannot resolve a Dispute through informal negotiations, the Dispute will be resolved by binding arbitration and conducted per the rules of the American Arbitration Association (“AAA”). YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
To expedite resolution and control the costs of any dispute, controversy, or claim arising out of or related to these Terms and Conditions (each “Dispute” and collectively, “Disputes”), any Dispute brought by either you or us (individually, a “Party” and collectively, the “Parties”) shall be finally and exclusively resolved by binding arbitration. The arbitration will take place in Milwaukee County, Wisconsin, and will be in English. The arbitrator’s decision will be final and binding and the judgment may be entered in any court of competent jurisdiction.
The award shall be made within nine months of filing the notice of intention to arbitrate (demand), and the arbitrator shall agree to comply with this schedule before accepting the appointment. However, this time limit may be extended by agreement of the parties or by the arbitrator if necessary. Within 10 days after the commencement of arbitration the parties shall select one person to act as arbitrator. If they cannot, the parties may request the American Arbitration Association to appoint a neutral arbitrator. Before the commencement of the hearings, the arbitrator appointed shall provide an oath or undertaking of impartiality. Each party shall bear the costs and expenses and an equal share of the arbitrators’ and administrative fees of arbitration.
The arbitration may be in person by submission of documents, by phone, or online. The award shall be in writing signed by the arbitrator, and include a statement stating the reasons for the disposition of any claim and findings of fact and conclusions of law. Except as required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.
Remedies:
(1) The arbitrator will have no authority to award punitive or other damages not measured by the prevailing party’s actual damages except as may be required by statute.
(2) In no event shall an award in an arbitration initiated under this clause exceed $100.00. (3) In no event shall an award in an arbitration initiated under this clause exceed $100.00 for any claimant.
(4) The arbitrator shall not award consequential damages in any arbitration initiated under this section. (5) Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount.
(6) If the arbitrator finds liability in any arbitration initiated under this clause, they shall award liquidated damages of $100.00.
The Parties agree that the following Disputes are not subject to the above provisions concerning Informal Negotiations and Binding Arbitration: (a) any Dispute seeking to enforce or protect or concerning the validity of any of the intellectual property rights of a Party; (b) any Dispute related to or arising from allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief.
If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Site including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time without prior notice.
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE WILL BE AT YOUR RISK. TO THE FULLEST EXTENT PERMITTED BY LAW WE DISCLAIM ALL WARRANTIES EXPRESSED OR IMPLIED IN CONNECTION WITH THE SITE AND YOUR USE THEREOF INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (4) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (5) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED OR MADE AVAILABLE VIA THE SITE.
ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
CONTAINED HEREIN OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID IF ANY BY YOU TO US DURING THE ONE MONTH PRIOR TO ANY CAUSE OF ACTION ARISING OR $100.00. 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 OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree to defend, indemnify, and hold us harmless including our affiliates and all of our representatives, and partners from and against any loss, damage, liability, claim, or demand including reasonable attorneys’ fees and expenses made by any third party due to or arising out of (1) your Contributions; (2) use of the Site; (3) breach of these Terms and Conditions; (4) any breach of your representations and warranties outlined in these Terms and Conditions; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Site with whom you connected via the Site.
You agree to defend, indemnify, and hold us harmless including our affiliates and all of our representatives, and partners from and against any loss, damage, liability, claim, or demand including reasonable attorneys’ fees and expenses made by any third party due to or arising out of (1) your Contributions; (2) use of the Site; (3) breach of these Terms and Conditions; (4) any breach of your representations and warranties outlined in these Terms and Conditions; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Site with whom you connected via the Site.
Notwithstanding the foregoing, we reserve the right at your 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 expense with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding that is subject to this indemnification upon becoming aware of it.
manage the Site as well as data relating to your use of the Site. Although we perform routine backups of data you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically via email and on the Site satisfy any legal requirement that such communication be in writing.
YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, RECEIPTS, AND OTHER RECORDS, AS WELL AS THE ELECTRONIC DELIVERY OF NOTICES, INCLUDING BUT NOT LIMITED TO POLICIES, RECORDS OF TRANSACTIONS, AND SHIPPING NOTICES, INITIATED OR COMPLETED BY US OR VIA THE SITE.
You waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction that require an original signature or delivery or retention of non-electronic records, payments, or the granting of credits by any means other than electronic means.
These Terms and Conditions and any policies or operating rules posted by us on the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.
These Terms and Conditions operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.
If any provision or part of a provision of these Terms and Conditions is determined to be unlawful, void, or unenforceable that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.
There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms and Conditions or use of the Site. You agree that these Terms and Conditions will not be construed against us by having drafted them.
You hereby waive any defenses you may have based on the electronic form of these Terms and Conditions and the lack of signing by the parties hereto to execute these Terms and Conditions.
Questions about the Terms of Service should be sent to us at Info@beatricegarrett.com.
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