These terms and conditions (these “Terms of Service,” or “Terms”) apply to the purchase and sale of products and services through www.beachpharma.com and/or www.beelith.com (the “Site”). These Terms are subject to change by Beach Pharmaceuticals, Inc. (referred to as “us”, “we”, or “our” as the context may require) without prior written notice at any time, in our sole discretion. By visiting our Site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following Terms, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. The latest version of these Terms will be posted on this Site, and you should review these Terms before purchasing any product or services that are available through this Site. Your continued use of this Site after a posted change in these Terms will constitute your acceptance of and agreement to such changes. If you do not agree to all the Terms of Service, then you may not access the Site or use any services.
SECTION 1 – GENERAL CONDITIONS.
We reserve the right to refuse service to anyone for any reason at any time. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. 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 you 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). We reserve the right to refuse any sale for any reason, and to cancel any sale for any reason after an order is placed. A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION.
We are not responsible if information made available on this Site is not accurate, complete or current. The information on this Site is for informational purposes only and is not intended as a substitute for advice from your physician or other healthcare professional or any information contained on or in any product label or packaging. You should not use the information on this Site for diagnosis or treatment of any health problem or for prescription of any medication or other treatment. You should always speak with your physician or other healthcare professional, and carefully read all information provided by the manufacturer of a product and on or in any product label or packaging, before taking any medication or nutritional, herbal or homeopathic supplement, before starting any diet or exercise program or before adopting any treatment for a health problem. Any reliance on the material on this Site is at your own risk. 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 3 – MODIFICATIONS TO THE SERVICE, PRODUCTS AND PRICES.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. 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 of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. We cannot guarantee that your computer monitor’s display of any color will be accurate. Any offer for any product or service made on this Site 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. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 4 – PRICES AND PAYMENT TERMS.
(a) All prices posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation e-mail. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation e-mail.
(b) Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. We accept Visa, MasterCard, American Express (all major credit cards), and PayPal for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
SECTION 5 – 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 by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that 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 sole judgment, appear to be placed by dealers, resellers or distributors.
SECTION 6 – SHIPMENTS; DELIVERY; TITLE AND RISK OF LOSS.
(a) We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process.
(b) Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
SECTION 7 – RETURNS AND REFUNDS.
Except for any products designated on the Site as non-returnable, we will accept a return of the products for a refund of your purchase price, provided such return is made within 45 days of shipment and provided such products are returned in their original condition. You are responsible for all shipping and handling charges on returned items. You bear the risk of loss during shipment. We therefore strongly recommend that you fully insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection. Refunds are processed within approximately 10 business days of our receipt of your merchandise. Your refund will be credited back to the same payment method used to make the original purchase on the Site. WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THIS SITE AS NON-RETURNABLE.
SECTION 8 – GOODS NOT FOR RESALE OR EXPORT.
You agree to comply with all applicable laws and regulations of the various states and of the United States including all Export Regulations, as defined below. You represent and warrant that you are buying products or services from the Site for your own personal or household use only, and not for resale or export. Products and services purchased from the Site may be controlled for export purposes by export regulations, including but not limited to, the Export Administration Act of 1979 (50 U.S.C. 2401-2410), the Export Administration Regulations promulgated thereunder (15 C.F.R. 768-799), and their successor and supplemental regulations (collectively, “Export Regulations”).
SECTION 9 – INTELLECTUAL PROPERTY USE AND OWNERSHIP.
You acknowledge and agree that Beach Pharmaceuticals, Inc. and its licensor(s) are and will remain the sole and exclusive owners of all intellectual property rights in and to each product made available on this Site and any related specifications, instructions, documentation or other materials, including, but not limited to, all related copyrights, patents, and trademarks and other intellectual property rights. You do not and will not have or acquire any ownership of these intellectual property rights in or to the products made available through this Site, or of any intellectual property rights relating to those products.
SECTION 10 – PROHIBITED USES.
In addition to other prohibitions as set forth in the 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 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 any way that will affect the functionality or operation of the Service or of any related website, other websites, 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 Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 11 – DISCLAIMER.
Beach Pharmaceuticals, Inc. is providing this Site and its contents on an “as is” basis. Beach Pharmaceuticals, Inc. and its officers, directors, employees, agents, licensors, suppliers, content providers and the like (together, “affiliates”) make no representations or warranties of any kind, express or implied, with respect to this site or its contents, including without limitation the products, information or services offered or sold on or through this Site or any other site to which this Site links (each a “Linked Site”) and the uninterrupted and error-free use of this Site.
Beach Pharmaceuticals, Inc. and its affiliates expressly disclaim all such representations and warranties, including without limitation all warranties of merchantability, accuracy, timeliness, completeness, fitness for a particular purpose and non-infringement. Beach Pharmaceuticals, Inc. and its affiliates do not warrant that the Site or files available on the site will be free from corrupted data, computer viruses or similar destructive or contaminating code. No oral or written statements by Beach Pharmaceuticals, Inc. or its affiliates will create any warranty not expressly set forth herein. Your use of this Site and any Linked Site is at your sole risk. Unless otherwise indicated on this Site, Beach Pharmaceuticals, Inc. does not endorse or recommend any product or service offered, advertised or sold on or through this Site, including without limitation any product or service offered, advertised or sold on or through any Linked Site. Beach Pharmaceuticals, Inc. is not responsible for any product or service sold on or through this Site or any claims of quality or performance made on or through this Site, including any claims of quality or performance made on or through any Linked Site.
SECTION 12 – INDEMNIFICATION.
You agree to indemnify, defend and hold harmless Beach Pharmaceuticals, Inc. and its affiliates against all claims, demands, causes of action, losses, expenses, damages and costs, including without limitation any reasonable attorneys fees, resulting or arising from or relating to your use of or conduct on the Site, any activity related to your account by you or any other person, any material that you submit to, post on or transmit through the Site, your violation of these Terms of Service, your infringement or violation of any rights of another, or termination of your access to this Site.
SECTION 13 – LIMITATION OF LIABILITY.
Beach Pharmaceuticals, Inc. and its affiliates shall not under any circumstances be liable for any damages of any kind arising out of, in connection with or relating to your use of this Site, any Linked Sites, your reliance or use of the information contained on or accessed through this Site, the use of or inability to use this site, including without limitation any liability as a publisher of information, as a reseller of any products or services, for any defective products, for any incorrect or inaccurate information, for any unauthorized access to or disclosure of your transmissions or data, for statements or conduct of any third party on the Site, or for any other matter relating to this Site or any Linked Site. This is a comprehensive limitation of liability that applies to all damages of any kind, including without limitation any direct, indirect, special, incidental or consequential damages (including without limitation damages for loss of business, loss of profits, loss of good will, loss of use, loss of data, cost of procuring substitute goods, services or information, litigation or the like), whether based on breach of contract, breach of warranty, tort (including without limitation negligence), product liability or otherwise, even if the user advises of the possibility of such damages. The limitations of liability set forth herein are fundamental elements of the basis of the bargain between Beach Pharmaceuticals, Inc. and the user. The products, information and services offered on and through this Site would not be provided without such limitations. Because the laws of some states may not allow for the exclusion of certain damages, in such states liability is limited to the fullest extent permitted by law. Notwithstanding the foregoing, the sole and entire maximum liability of Beach Pharmaceuticals, Inc. and its affiliates for any reason, and your sole and exclusive remedy for any cause or claim whatsoever, shall be limited to the amount paid by you for any product, information or service purchased by you from Beach Pharmaceuticals, Inc. on this Site.
SECTION 14 – WAIVER.
A failure or delay by Beach Pharmaceuticals, Inc. to exercise a power or right under these Terms of Service does not constitute as a waiver of that power or right, and the exercise of a power or right by Beach Pharmaceuticals, Inc. does not preclude its future exercise or the exercise of any power or right.
SECTION 15 – SEVERABILITY .
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 – ENTIRE AGREEMENT.
Our order confirmation, these Terms and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.
SECTION 17 – NO THIRD PARTY BENEFICIARIES.
These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
SECTION 18 – GOVERNING LAW AND JURISDICTION.
All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Florida.