Terms of Service
updated 10 JUNE 2017
Mark James Bernardo, and its affiliated brand, BEAM ( "we" or "us") provide this website ("Site") subject to your compliance with these "Terms of Service".
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE SITE. These Terms of Service constitute an agreement between BEAM and you. By using the Site, you are engaging in our "service", and you affirm that you are able and legally competent to agree to and comply with these Terms of Service. If you do not agree to these Terms of Service or if you are not legally competent to agree to them, then you may not use the Site. By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state of residence, or that you have given us your consent to allow any of your minor dependents to use this site.
Use of this Site constitutes a limited license to view content, purchase products, connect, or interact with us or our content, for a single site user, within the duration of a single open-browser-session.
You can review the most current version of the Terms of Service 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. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
1 - Online Store Terms
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).
Prior to accepting your transaction, we do not guarantee that we will provide you with any services. We reserve the right to refuse your transaction for the reasons of, but not limited to, error in listing, lack of inventory, prohibitive delivery logistics, or unacceptable customer behavior by current or prior experience and at our discretion, and even if the reason was not made apparent to you prior to submitting your order.
By charging your credit provider, we agree to provide the services set forth within the policies on this site.
Many features of this Site and our services require you to have access to certain technology, including but not limited to: access to the internet, an account with a major credit provider, the ability to send and receive email, and access to parcel services. You agree that it's your responsibility to maintain these modes of connection and methods of payment, in order to use and make purchases from this site. Though we may at times choose to make special service accommodations, we're under no obligation, and doing so does not create a precedent for future interactions.
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your license to use the site.
2 - General Conditions
You understand that your content (not including credit card information), may be transferred un-encrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to 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, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
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 or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or timelier 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, necessarily, is not current and is provided for your reference only. 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.
4 - Modifications to the Services 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 or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
5 - Products
Certain products may be available exclusively online through the website. These products may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor'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. 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. Any offer for any product or service made on this site is void where prohibited.
6 - Intellectual Property Rights
All site content, including photography, copy, ideas, and product remains the property of North Coast Design Studio Inc., BEAM, and/or its affiliates.
The Site contains valuable trademarks and service marks owned or licensed by us, including but not limited to, BEAM, the BEAM firefly logo, and the tag line "modern design made in usa" (collectively, the "BEAM Marks"). Any use of the BEAM Marks without the prior written permission of BEAM is strictly prohibited. The arrangement and layout of the Site, including but not limited to, the BEAM Marks, images, text, graphics, buttons, screenshots, navigation, and other content or material (collectively, the "Site Content"), are the sole and exclusive property of North Coast Design Studio Inc., BEAM, and/or its affiliates.
UNAUTHORIZED COPYING, REPRODUCTION, MODIFYING, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, MAKING DERIVATIVE WORKS OF OR DUPLICATING ALL OR ANY PART OF THE SITES IS PROHIBITED, with the exception of temporary retainment of content, that is reasonably necessary to make an informed purchase, and that is deleted or destroyed immediately thereafter.
7 - Press / Blogs / Links
If you wish to feature our site, in whole or part, or our products, within your lifestyle publication or you simply wish to include a link to us from your site, we sincerely appreciate the support, and we only ask that you get our permission first. Please contact us via the contact us page on this website, or by writing to our general inquiry email address, contact@beamdecor.com.
8 - 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, re-sellers or distributors.
You agree to provide current, complete, and accurate purchase information for all purchases made at our store.
9 - Third-Party Links
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this 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 of these sites, 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.
10 - User Submissions
If, at our request, you send certain specific Submissions or, 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, 'Submissions'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Submissions that you forward to us. We are and shall be under no obligation to maintain any Submissions in confidence or to pay compensation for any submissions.
You agree that your submissions will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your submissions will not contain any computer virus or other malware that could in any way affect the operation of the Service or any related website.
11 - Personal Information
Your submission of personal information through the store is governed by our Privacy Policy.
12 - Errors, Inaccuracies and Omissions
Occasionally there may be information on our site or in the Service 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 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, including without limitation, pricing information, 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 in the Service or on any related website has been modified or updated.
13 - 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.
14 - 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.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchant-ability, merchantable quality, or fitness for an unstated purpose.
In no case shall Mark James Bernardo, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licencors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
15 - Indemnification
You agree to indemnify, defend and hold harmless Mark James Bernardo. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licencors, service providers, subcontractors, suppliers, interns and employees, 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.
16 - 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 enforce-ability of any other remaining provisions.
17 - Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by ceasing to use 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 also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
18 - Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes 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, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
19 - 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 Commonwealth of Massachusetts, United States.
20 - Changes to Terms of Service
You can review the most current version of the Terms of Service at any time at 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 this website. It is your responsibility to check this website periodically for changes. Your continued use of or access to this website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
21 - Contact Information
Questions about the Terms of Service should be sent to us via the contact us page on this website, or by writing to our general inquiry email address, connect@beamdecor.com, or sending a letter to our corporate office, at the following address:
Mark James Bernardo, BEAM, 24 William St., New Bedford, MA 02740