Terms of Service
Terms of Service
This website is operated by Be.Professional. Throughout the site, the terms “we,” “us,” and “our” refer to Be.Professional. Be.Professional offers this website, including all information, tools, and services available through this site, to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our Service and agree to be bound by the following Terms of Service (“Terms”), including any additional terms, conditions, and policies referenced here and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation browsers, vendors, customers, merchants, and contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all of the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools added to the current store will also be subject to these Terms of Service. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to review this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to offer our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction, including but not limited to copyright laws.
You must not transmit any worms, viruses, or any code of a destructive nature.
A breach or violation of any of these Terms may result in the immediate termination of your access to our Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (excluding credit card information) may be transferred unencrypted and may involve:
(a) transmissions over various networks; and
(b) changes made to conform and adapt to the technical requirements of connecting networks or devices.
Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, access to the Service, or any contact on the website through which the Service is provided, without our express written permission.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon as the sole basis for making decisions without consulting more accurate, complete, or timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information is provided for reference only and is not current. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service, or any part of it, without notice.
We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only in accordance with our Return Policy.
We have made every effort to display our products, including colors and images, as accurately as possible. However, we cannot guarantee that your device’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction on a case-by-case basis. We reserve the right to limit quantities of any products or services we offer. All product descriptions and pricing are subject to change at any time without notice, at our sole discretion. We also reserve the right to discontinue any product at any time. Any offer made on this site for any product or service is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
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 using the same customer account, credit card, billing address, and/or shipping address.
If we make a change to or cancel an order, we may attempt to notify you using the email address, billing address, or phone number provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and payment details, so we can complete your transactions and contact you when needed.
For more information, please review our Return Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control or input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without warranties, representations, or conditions of any kind and without endorsement. We shall have no liability arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which those tools are provided by the relevant third-party provider.
We may also, in the future, offer new services and/or features through the website, including the release of new tools and resources. Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products, and services available through our Service may include materials from third parties.
Third-party links on this site may direct you to websites that are not affiliated with us. We are not responsible for reviewing or evaluating the content or accuracy of third-party websites, and we do not warrant and will not have any liability or responsibility for any third-party materials, websites, products, or services.
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 third-party websites. Please review the third party’s policies and practices carefully before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions, such as contest entries, or if without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “comments”), you agree that we may, at any time and without restriction, edit, copy, publish, distribute, translate, and otherwise use any comments you send to us in any medium.
We are under no obligation to:
- maintain any comments in confidence;
- pay compensation for any comments; or
- respond to any comments.
We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, defamatory, obscene, or otherwise objectionable, or that violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your comments will not contain unlawful, abusive, or obscene material, or any malware or malicious code that could affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone else, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, 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 in the Service or on any related website 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 in the Service or on any related website, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions set forth in these Terms of Service, you are prohibited from using the site or its content:
(a) for any unlawful purpose;
(b) to solicit others to perform or participate in unlawful acts;
(c) to violate any international, federal, state, provincial, or local laws, regulations, rules, or 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;
(f) to submit false or misleading information;
(g) to upload or transmit viruses or other malicious code;
(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 Service or any related website.
We reserve the right to terminate your use of the Service or any related website for violating any prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure, or error-free.
We do not warrant that the results obtained from the use of the Service will be accurate or reliable.
You agree that, from time to time, we may remove the Service for indefinite periods or cancel the Service at any time without notice.
Your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered through it are provided “as is” and “as available,” unless otherwise expressly stated by us, without any representation, warranties, or conditions of any kind, either express or implied, including implied warranties or conditions of merchantability, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Be.Professional, nor our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors, be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including lost profits, lost revenue, lost savings, loss of data, replacement costs, or similar damages, whether based in contract, tort, including negligence, strict liability, or otherwise, arising from your use of the Service or any products obtained through the Service, or for any other claim related in any way to your use of the Service or any product, including any errors or omissions in any content, or any loss or damage incurred as a result of the use of the Service or any content posted or transmitted through the Service, even if advised of their possibility.
Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in those states or jurisdictions our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Be.Professional and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees 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.
SECTION 15 - SEVERABILITY
If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service. This determination shall not affect the validity and enforceability of any remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive termination of this agreement for all purposes.
These Terms of Service remain effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you stop using our site.
If, in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we may terminate this agreement at any time without notice. You will remain liable for all amounts due up to and including the date of termination, and we may deny you access to our Services or any part of them.
SECTION 17 - ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of that right or provision.
These Terms of Service, together with any policies or operating rules posted by us on this site or in respect to the Service, constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us, including any prior versions of these Terms of Service.
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the United States.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of these Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at:
help@beprofessional.com