Terms and Conditions of Use
Welcome to Beyond Plastic’s website. This site is maintained as a service to our customers. By using this site, you agree to comply with and be bound by the following terms and conditions of use. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you should not use this site.
1. Agreement.
This Agreement (the “Agreement”) specifies the Terms and Conditions for access to and use of Beyond Plastic’s website (the “Site”) and describe the terms and conditions applicable to your access of and use of the Site. This Agreement may be modified at any time by us upon posting of the modified agreement. Any such modifications shall be effective immediately. You can view the most recent version of these terms at any time at www.beyondplastic.com. Each use of the Site by you shall constitute and be deemed your unconditional acceptance of this Agreement.
2. Privacy.
Your visit to the Site, and your submission of personal information to us, is governed by our Privacy Policy, which is available for your review at www.beyondplastic.com.
3. Ownership.
All content included on this site is and shall continue to be the property of Beyond Plastic or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Site is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this site.
4. Intended Audience.
This website is intended for adults only. By using the Site, you represent that you are the age of majority in your state or province of residence and/or that you have given us your consent to allow any of your minor dependents to use this site.
5. Trademarks.
Beyond Plastic, ecopha, biopha, make an impact and leave no trace, and others are either trademarks or registered trademarks of Beyond Plastic. Other product and company names mentioned on this Site may be trademarks of their respective owners.
6. Site Use.
Beyond Plastic grants you a limited, revocable, nonexclusive license to use this site solely for your own personal use and not for republication, distribution, assignment, sub license, sale, preparation of derivative works, or other use. You agree not to copy materials on the site, reverse engineer or break into the site, or use materials, products or services in violation of any law. You may not use this Site or our products for any illegal or unauthorized purpose or in violations of any applicable laws. The use of this website is at the discretion of Beyond Plastic and we may terminate your use of this website at any time.
7. Prohibited Uses.
In addition to the above, you are prohibited from using the Site, its content, or products: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in anyway that will affect the functionality or operation of the Site, other websites, anyone’s electronic device, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Site, other websites, anyone’s electronic device, or the Internet. We reserve the right to pursue all remedies available at law against you and to terminate your use of the Site for violating this policy.
8. Compliance with Laws.
You agree to comply with all applicable laws regarding your use of the website. You further agreed that information provided by you to us in connection with your use of the website is truthful and accurate to the best of your knowledge.
9. Indemnification.
You agree to indemnify, defend and hold harmless Beyond Plastic and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, insurers, and interns and employees (collectively “BeyondPlastic’s Affiliates”), harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
10. Disclaimer.
THE INFORMATION ON THIS SITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE”BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. BEYOND PLASTIC DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF: MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON CERTAIN WARRANTIES, THIS LIMITATION MAYNOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.
11. Limitation of Liability.
UNDER NO CIRCUMSTANCES WILL BEYOND PLASTIC BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL(INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, ORTHE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE. You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of certain implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.
12. Use of Information.
Beyond Plastic reserves the right, and you authorize us, to use and assign all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy.
13. Copyrights.
If you believe your work has been copied in a way that constitutes copyright infringement, please provide a written notice containing all of the following information by e-mailing us at support@beyondplastic.com:
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(b) A description of the copyrighted work that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located on the Site;
(d) Your address, telephone number, and e-mail address;
(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
14. Applicable Law.
You agree the laws of the state of California, without regard to conflicts of laws provisions, will govern in the event of a dispute between you and Beyond Plastic and/orBeyond Plastic’s Affiliates, in connection with any matter relating to your use of the Site, theseTerms and Conditions of Use, the Privacy Policy, and all other policies.
15. Severability.
If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
16. Termination.
Beyond Plastic may terminate this Agreement at any time, with or without notice, for any reason.
17. Products and Orders.
Our shipping and return & refund policies can be viewed at www.beyondplastic.com .We may modify the prices, availability, quantity limit, and description of our products without notice. We may also limit the sales of our products to any person or entity, geographic region or jurisdiction. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. We do not guarantee that your monitor will accurately display the colors, dimensions, details, or features of any images on the Site.
You agree to provide current, complete, and accurate purchase and account information for all purchases made on the Site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
Our shipping and return & refund policies can be viewed at www.beyondplastic.com .
18. Third Party Links.
Certain links on the Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
19. User Content.
We have no obligation to monitor, review, edit, or remove, any communications or other materials posted to or created by users accessing the Site (“UserContent”), but may do so in our sole discretion. You agree that your User Content will not violate any right of any third-party, including, privacy, personality or other personal or proprietary right. You further agree that your User Content will not contain any computer virus or other malware that could in any way affect the operation of the Site. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties in connection with User Content. You are solely responsible for any User Content you make and its accuracy. We take no responsibility and assume no liability for any User Content posted by you or any third-party.
You agree that at our sole discretion, we may, at any time and in any manner, without restriction, copy, publish, distribute, translate and otherwise use in any medium any User Content that you submit to us via the Site, e-mail, or in any other form. We are and shall be under no obligation(1) to maintain any User Content in confidence; (2) to pay compensation for any User Content; and/or (3) to take, or refrain from taking, any action in response to any User Content.
20. Errors and Omissions.
Occasionally there may be information on our Site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend, or clarify information on the Site, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Site, should be taken to indicate that all information on the Site has been modified or updated.
21. No waiver.
The failure of us to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
22. Contact Information.
HOW TO CONTACT US:
Beyond Plastic
300 Spectrum Center Drive,
Ste 400
Irvine, CA 90040
[support@beyondplastic.com]
23. Entire Agreement.
This Agreement, and the policies and procedures posted by us on theSite and/or incorporated herein, constitute the entire agreement and understanding between you and us and govern your use of the Site, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of any agreement, policy, or procedure related to the Site).