GLO Teeth Whitening Vials - Beam Terms & Conditions
Disclaimer of Warranties and Limitation of Liability
THE PRODUCT (PRO-STRENGTH TEETH WHITENING GLO VIALS – 3 PACK) MADE AVAILABLE TO YOU THROUGH THE BEAM SHOP (“SHOP”) IS PROVIDED BY BEAM “WITH ALL FAULTS” AND ON AN "AS IS" AND "AS AVAILABLE" BASIS. BEAM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE PRODUCT INCLUDED ON, OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SHOP, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, QUIET ENJOYMENT, AND ACCURACY. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE AND/OR APPLICATION IS AT YOUR SOLE RISK.
We make no warranty that the Product will meet your requirements, or that the Product will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the Product, or that defects in the Product will be corrected. You understand and agree that you will be solely responsible for any damage caused by use of the Product. No advice or information, whether oral or written, obtained by you from us will create any warranty, representation or guarantee not expressly stated in these Terms.
YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL WE OR OUR OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, ARISING OUT OF OR RELATED TO YOUR USE OF OR ACCESS TO, OR THE INABILITY TO USE OR TO ACCESS THE PRODUCT. WE WILL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND THIRD PARTY MERCHANTS OR FOR ANY INFORMATION APPEARING ON THIRD PARTY MERCHANT SITES OR ANY OTHER SITE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE PRODUCT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE PRODUCT. OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE PRODUCT IS LIMITED, IN AGGREGATE, TO THE GREATER OF (I) THE TOTAL AMOUNT PAID FOR THE PRODUCT, OR (II) FIFTY DOLLARS (U.S. $50.00). APPLICABLE LAW IN SOME STATES MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES. ACCORDINGLY, SOLELY TO THE EXTENT THAT SUCH LAWS APPLY TO YOU, SOME OR ALL OF THE FOREGOING EXCLUSIONS, LIMITATIONS AND DISCLAIMERS MAY NOT APPLY TO YOU AND YOU MAY HAVE CERTAIN ADDITIONAL RIGHTS. TO THE EXTENT THAT WE MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR LIMIT OUR LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.
In New Jersey, this Section does not apply to liability due to intentional or reckless conduct, gross negligence, strict liability, negligence, or violation of a statutorily imposed duty on the part of Beam or any of their respective affiliates, officers, directors, employees, service providers or agents.
You may not assign your rights or obligations under these Terms to any other person or entity.
Limited Time to File Claims
If you want to assert a dispute against Beam, then you must commence it within the applicable statute of limitations after the dispute arises, or it will be forever barred. "Commencing" means filing for arbitration with the AAA as set forth in the Arbitration section.
By agreeing to Arbitration, Participant understands and agrees that they are waiving their right to sue in court. Any dispute, including but not limited to statutory claims, that cannot first be resolved through informal methods will be submitted to binding arbitration under the commercial arbitration rules of the American Arbitration Association(AAA) then in effect (the "Rules"), except as modified herein. The arbitration will be administered by the AAA. Claims or disputes that fall within the scope of the small claims court's limited jurisdiction may, however, be submitted to such court. By agreeing to arbitrate, each party is giving up its right to go to court and have any dispute heard by a judge or jury. If an in-person arbitration hearing is required, then it will be conducted at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination should be made by an independent arbitrator. You and Beam will pay the administrative and arbitrator's fees and other costs in accordance with the applicable arbitration rules. The arbitrator will apply and be bound by these Terms, and will determine any dispute according to applicable law and facts based upon the record and no other basis. After the hearing, the arbitrator or arbitrators will decide the dispute and render a written decision setting forth the issues adjudicated, the resolution thereof and the reasons for the award. Any decision rendered in such arbitration proceedings will be final and binding on the parties, and judgment may be entered thereon in the federal or state courts located in Columbus, Ohio, United States. The Federal Arbitration Act ("FAA"), will apply to the dispute and will govern whether the dispute is subject to arbitration, including the No Class Action Matters section below. You can obtain AAA procedures, rules and fee information as follows: Call: AAA: 800.778.7879 Website: http://www.ADR.org.
No Class Action Matters
Disputes hereunder will be arbitrated only on an individual basis and will not be joined or consolidated with any other arbitration or other proceedings that involve any claim or controversy of any other party. This means you and Beam agree that each may bring claims regarding such disputes against the other only in an individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding or as an association. There will be no right or authority for any dispute to be arbitrated on a class-action basis or on any basis involving disputes brought in a purported representative capacity on behalf of the general public, or other persons or entities similarly situated. If for any reason, any court with competent jurisdiction holds that this restriction regarding arbitration on a class action basis is unconscionable or unenforceable, then the dispute must be brought exclusively in a state or Federal Court located in Columbus, Ohio. Notwithstanding any other provision of these Terms, any and all issues relating to the scope, interpretation and enforceability of the class action waiver provisions contained herein (described in this "No Class Action Matters" section), are to be decided only by a federal or state court located in Columbus, Ohio, and not by the arbitrator. The arbitrator does not have the power to vary these class action waiver provisions.
Entire Agreement; Severability; Conflicts; No Waiver
These Terms contain the entire agreement between you and us regarding the Product, and supersede any previous terms and conditions governing the Product we may have provided to you. The Product is not available where and to the extent prohibited by law. If a court of competent jurisdiction or any governmental agency determines that any provision of these Terms is void or unenforceable, that provision will continue to be enforceable to the extent permitted by that court or agency, and the remainder of that provision will no longer be considered as part of these Terms. However, all other provisions will remain in full force and effect. We will not lose our rights under these Terms because we delay or do not enforce them. All waivers of any of these Terms by us must be in a writing executed by someone with authority to bind us.