Bead Pro, LLC
Terms & Conditions/ Refund Policy
Welcome to Bead Pro and our Terms of Use (this “Agreement”). This Agreement is made by and between Bead Pro LLC (together with its affiliates also referred to as “Bead Pro,” “us,” “we” and “our”) and you (“you,” “your,” or “user”). This Agreement is important and contains the terms and conditions that affect your legal rights and govern your use of any website that displays, links, or refers to this Agreement (such websites referred to herein collectively and individually as “website,” or “this website”) so please read it carefully. [If you reside outside the United States, additional terms and conditions may be applicable to you that either supplement or replace certain provisions in this Agreement.
By accessing, visiting, browsing, using or attempting to interact with any part of this website, including without limitation the website’s forms, pursuant to which we make available our unique products or other products for purchase (the “Products”), you agree, on your own behalf personally, and on behalf of any person or entity for which you are an agent or you appear to represent, that you have read, understand and agree to be bound by this Agreement. If you do not agree to these terms, please do not use this site.[1]
Bead Pro reserves the right, from time to time, with or without notice to you, to make changes to this Agreement in Bead Pro’s sole discretion. You may read a current, effective version of this Agreement at any time by clicking on the “Website Terms of Use” hyperlink located on the website.[2]
If you are below the age of consent under applicable law in the country in which you reside, then your parent or legal guardian must read and accept this Agreement in your name and on your behalf.
1. Access To This Site.
To access this website or some of the resources it offers, including without limitation contacting Bead Pro, or to receive information regarding one of our Products or services, you may be asked to provide certain details or other information such as your, first and last name, e-mail address, physical address, phone number, the purpose of your communication and an ability to state additional information in an open comment section within the forms. The type of information requested through the various website forms varies and is not meant to be limited in any way by the foregoing. It is a condition of your use of this website that all the information you provide on this website will be correct, current, and complete. If Bead Pro believes the information you provide is not correct, current, or complete, Bead Pro has the right to refuse you access to this website or any of its resources, and to block, terminate, or suspend your access at any time. The information we collect about you, how we use it, and who we share it with are described in this website’s Privacy Policy, https://beadpro.net/
2. Restrictions On Use.
You represent and warrant that you are at least 13 years of age. If you are under age 13 years of age, you may not, under any circumstances or for any reason, use the website. We may, in our sole discretion, refuse to offer the Products to any person or entity and change our eligibility criteria at any time.
You may use this website for purposes expressly permitted by this website. As a condition of your access and use of the website, you warrant to Bead Pro that you will not use the website for any purpose that is unlawful or prohibited by any part of this Agreement. For example, you may not (and may not authorize any party to) (a) co-brand this website, or (b) frame this website, without the express prior written permission of an authorized representative of Bead Pro. For purposes of this Agreement, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this website or content accessible within this website. You agree to cooperate with Bead Pro in causing any unauthorized co-branding or framing immediately to cease.
In addition, you may not use the website in any manner which could disable, overburden, damage, or impair the website or interfere with any other party’s use and enjoyment of the website. You may not obtain or attempt to obtain any materials, content, or information through any means not intentionally made available or provided for through the website. You may not use scrapers, bots, spiders, or other automated tools to collect or index the content of the website without Bead Pro’s express prior written permission. You may not attempt to probe, scan or test the vulnerability of the website or any system to which it is connected or attempt to breach any security measures.
3. Proprietary Information.
The material and content accessible from this website, including without limitation any text, photos, videos, audio, scripts, software, markup language, or other content whether perceptible or not to a human (the “Content”) is the proprietary information of Bead Pro or the party that provided or licensed the Content to Bead Pro and Bead Pro’s assigns, whereby such providing party retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, displayed, performed, licensed, modified, or transmitted in any way without the prior written consent of Bead Pro or its assigns. Modification or use of the Content except as expressly provided in this Agreement violates Bead Pro’s or its assigns’ intellectual property rights. Neither title nor intellectual property rights are transferred to you by your access to or use of this website.
4. Additional Use Limitation.
You may not modify, translate, decompile, disassemble, reverse engineer, alter, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, Content, software, or services obtained from or otherwise connected to the website.
5. Hyperlinks.
This website may be hyperlinked to other websites which are not maintained by, or related to, Bead Pro and may contain information about products or services that are not related to or endorsed by Bead Pro. Hyperlinks to such websites and information are provided as a service to you and are not necessarily sponsored by or affiliated with this website or Bead Pro. Bead Pro may not have reviewed any or all of such websites and information and is not responsible for the content of those websites or the descriptions of their products and services. Bead Pro is not responsible for webcasting or any other form of transmission received from any hyperlinked website. Hyperlinks are to be accessed at your own risk and information contained therein is relied upon at your own risk, and Bead Pro makes no representations or warranties about the content, completeness, or accuracy of these hyperlinks or the websites hyperlinked to this website. Bead Pro does not endorse the content of any other website, nor does it warrant that such websites will not contain viruses or otherwise impact your computer or other access device. If you have a problem with a hyperlink from the website, please notify Bead Pro so that it may investigate your claim promptly and take any actions that it deems appropriate in its sole discretion.
6. Disclaimers.
You understand that Bead Pro cannot and does not guarantee or warrant that the website or the Content, or any other files or information available for downloading from the Internet will be free of viruses, worms, Trojan horses, or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this website for any reconstruction of any lost data. Bead Pro does not assume any responsibility or risk for your use of the website, its Content, or the Internet.
The Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by Bead Pro. Except as set forth in this Agreement itself, nothing on this website constitutes a guarantee, warranty, or promise of any type.
YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. THE WEBSITE AND THE CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED, STATUTORY OR IMPLIED. BEAD PRO DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT RELATED TO THIS WEBSITE AND THE CONTENT. BEAD PRO DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS WEBSITE OR ANY HYPERLINKED WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BEAD PRO DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND BEAD PRO MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT BEAD PRO, ASSUME THE ENTIRE COST OF ALL NECESSARY INSTALLATION, SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS WEBSITE OR ITS CONTENT. BEAD PRO MAKES NO WARRANTIES THAT YOUR USE OF THE WEBSITE OR ITS CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.
DISCLAIMERS AND WARRANTIES RELATED TO PRODUCTS AND SERVICES PURCHASED FROM BEAD PRO ARE SUBJECT TO THEIR RESPECTIVE TERMS AND POLICIES.
All of the information in this website, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this website, and Bead Pro does not undertake any obligation to update such information after it is posted or to remove such information from this website if it is not, or is no longer accurate or complete.
Like most websites, this website is accessible worldwide. Bead Pro reserves the right to limit the provision of its website or other information or services on the website to any person, geographic area, or jurisdiction. You agree to comply with all applicable laws and local rules regarding the transmission of technical data, acceptable content, and online conduct.
Without limiting the above disclaimers, Bead Pro and affiliates and its and their respective managers, members, officers, employees and agents: (a) make no warranties or representations whatsoever concerning this website or any other Internet website, the access to, or the availability or use of, this website or any other Internet website, the information and Content from whatever source posted on or referred to in this website or any other Internet website or the accuracy, completeness or timeliness of such information or Content; (b) do not warrant or represent that your access to, or use of, this website or any other Internet website will be uninterrupted or free of errors or omissions, that defects will be corrected, or that this website or any other Internet website is, or the information or content from whatever source available for use or downloading are, free of computer viruses, worms, Trojan horses or other harmful components; (c) do not represent or warrant that any services or Products listed on, or accessed through, this website will be available for purchase or not withdrawn at any time and makes no representation or warranty of any kind whatsoever concerning such Products or services; and (d) do not represent or warrant the accuracy, functionality or specifications or any other aspect of items from whatever source posted or accessed through this website.
The above limitations of liability reflect the allocation of risk between the parties, and will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose. The limitations of liability provided in this Agreement inure to the benefit of Bead Pro and/or its respective affiliates, licensors, suppliers and agents.
Bead Pro has no obligation to update any information or content on any website. Accordingly, Bead Pro and its affiliates assume no responsibility regarding the accuracy of the information or content provided on any website. Any use of the information or content provided on this website is done at your own risk.
For disclaimers and warranties with respect to the Products offered on the website please visit the https://beadpro.net/, the terms of which are incorporated herein.[3]
7. Limitation On Liability.
BEAD PRO AND ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, VENDORS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, LOSS OF DATA, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF BEAD PRO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN RELATION TO OR REGARDING THIS WEBSITE OR ITS CONTENT. YOUR EXCLUSIVE REMEDY AGAINST BEAD PRO IS TO DISCONTINUE USE OF THE WEBSITE AND ANY HYPERLINKED WEBSITES AND TO DISCONTINUE THE USE OF THE PRODUCTS AND SERVICES OFFERED ON THE WEBSITE AND ANY HYPERLINKED WEBSITES.
IF NO LIABILITY IS NOT ALLOWED UNDER THE APPLICABLE LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF BEAD PRO, BEAD PRO ASSIGNEES, LICENSORS, SERVICE PROVIDERS, VENDORS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE MINIMUM AMOUNT ALLOWED BY LAW.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LIABILITY FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, SO THE FULL SCOPE OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Any cause of action against Bead Pro, Bead Pro’s affiliates, assigns, licensors, service providers, vendors, content providers, employees, agents, officers, and directors with respect to the website or its Content must be instituted within one (1) year from the date on which the claim arose.
8. Additional Governing Terms And Conditions.
Bead Pro makes no representation that the website or any Content is appropriate or available for use in any location outside the United States. Accessing the website from territories where it or the Content may be illegal is prohibited. Those who choose to access the website from any location outside the United States does so on their own initiative, at their own risk, and are responsible for compliance with local laws.
You are solely responsible for ensuring that your use of the Products complies with all laws, rules and regulations applicable to you. The right to access the website is revoked where this Agreement or use of the website is prohibited or to the extent the sale of the Products conflicts with any applicable law, rule or regulation.
The United States controls the export of products and information. You expressly agree to comply with such restrictions and not to export or re-export any of the Content to countries or persons prohibited under the export control laws. By downloading the Content, you are expressly agreeing that you are not in a country where such export is prohibited or are a person or entity for which such export is prohibited. You are solely responsible for compliance with the laws of your specific jurisdiction regarding the import, export, or re-export of the Content.
Although information and Content may be available through the website, you should not construe such information and content as expressing the opinions of or endorsement by Bead Pro or its employees, affiliates, agents and representatives. You alone bear the responsibility of evaluating any information or Content available on the website. In exchange for using such information or content, you hereby agree to release Bead Pro from any claim and to not hold Bead Pro liable for any possible claim for damages arising from any decision you may make based on information or content available on the website.
Pursuant to 47 U.S.C. Section 230(d) (as amended from time to time), please be notified that parental control protections (such as computer hardware, software or filtering services) are commercially available to you that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on the following two web sites:
GetNetWise (https://kids.getnetwise.org)
On Guard Online (https://onguardonline.gov)
Please be advised that Bead Pro does not endorse either above provider or any of the products or services available at such sites.
9. Termination Or Restriction Of Access.
Bead Pro reserves the right, in their sole discretion, to terminate your access to any or all of Bead Pro’s websites or any portion thereof at any time or exercise any other remedy available without notice. You agree that monetary damages may not provide a sufficient remedy to Bead Pro for violations of this Agreement and you consent to injunctive or other equitable relief for such violations. Bead Pro may release information about you if required by law or subpoena, or if release of the information is necessary or appropriate to address an unlawful or harmful activity. Bead Pro is not required to provide you with any refund if you are terminated because you have violated this Agreement. Bead Pro is not responsible for the products, services, actions or failures to act of any third-party reference on the website. You may report the misconduct of other website viewers and/or product or service providers referenced in or on the website. We may investigate the claim and take appropriate action, in our sole discretion.
10. Indemnity.
You will indemnify and hold Bead Pro, its affiliates, licensors, content providers, service providers, vendors, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from any use of the website or its Content by you or your breach of this Agreement, including without limitation any use of Content other than as expressly authorized in this Agreement. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, settlements, expenses, and attorney’s fees of the Indemnified Parties in relation to your breach or your use of the website or its Content.
11. Trademarks And Copyrights.
Trademarks, service marks, logos, and copyrighted works appearing in this website are the property of Bead Pro or the party that provided the trademarks, services marks, logos, and copyrighted works to Bead Pro. Bead Pro and any party that provided trademarks, service marks, logos, and copyrighted works to Bead Pro retain all rights with respect to any of their respective trademarks, service marks, logos, and copyrighted works appearing in this website. All content of this Site is [© 2021 Bead Pro LLC][4]. All rights reserved. Other logos and Product and company names mentioned herein may be the trademarks of their respective owners. Bead Pro is not responsible for content on websites operated by parties other than Bead Pro. If you are aware of an infringement of our brand, please let us know.
12. Security.
You are prohibited from using any services or facilities provided in connection with this website to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Bead Pro reserves the right to release your details to system administrators at other websites and law enforcement authorities in order to assist them in investigating, resolving, and prosecuting laws relating to security incidents. Bead Pro reserves the right to investigate suspected violations of this Agreement.
Bead Pro reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Bead Pro to disclose the identity of anyone using the website, or publishing or otherwise making available of using any materials that are believed to violate this Agreement. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS BEAD PRO FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY BEAD PRO DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER BEAD PRO OR LAW ENFORCEMENT AUTHORITIES.
13. Payments; Ordering & Availability; Billing.
You agree to provide accurate and up-to-date payment information at the time you order any Product. We have contracted with a third-party payment processor to facilitate purchases made on the website. When you make a purchase through the website, you will provide your payment details and any additional information required to complete your order directly to our third-party payment processor. You should be aware that online payment transactions are subject to validation checks by our payment processor and your card issuer and we are not responsible if your card issuer declines to authorize payment for any reason. For your protection, our payment processor uses various fraud prevention protocols and industry standard verification systems to reduce fraud and you authorize it to verify and authenticate your payment information. Please note, it is possible that your card issuer may charge you an online handling fee or processing fee. We are not responsible for this. In some jurisdictions, our payment processor may use third parties under strict confidentiality and data protection requirements for the purposes of payment processing services.
You agree to have sufficient funds or credit available upon placement of any such order to ensure that the purchase price will be collectible by us. [After you place your order, we will send you a confirmation email (the “Order Confirmation”). We reserve the right, at our sole discretion, to not process or to cancel any orders placed for a Product whose price was incorrectly posted on the Site as a result of an error. If this occurs, we will notify you by email. The Site may contain information regarding the availability of Products. In rare cases, a Product may be in stock when you place the order, and sold out by the time we attempt to process the order. Should this happen, we will notify you by email and cancel the item from your order.[5]
[Unless otherwise specified, prices quoted are exclusive of: (a) the costs of shipping or carriage to the agreed place of delivery; and (b) value added tax and any other tax or duty which (where applicable) must be added to the price payable. You agree to pay for taxes, shipping or carriage of the Products as such costs are specified by us when you submit your order.][6]
[By purchasing Products, you hereby agree not to resell or distribute such Products for any commercial purposes. All orders are subject to our acceptance or rejection based on Product availability, noncompliance with this Agreement or any other reason as determined in our sole discretion.][7]
14. Delivery.
Your order will be delivered to the delivery address that you specify when placing your order. We reserve the right not to deliver to any country that is prohibited by applicable export laws. Products comprised within the same order cannot be delivered to different addresses.
The Product(s) ordered will be at your risk from the time you receive the Product(s). Ownership of the Product(s) ordered will also pass to you upon your receipt of the Product(s), provided full payment of all sums due in respect of the Product(s), including any delivery charges, has been received.
15. Returns and Exchanges.
All returned goods are subject to a 20% restocking charge. Equipment may not be returned for credit without our written authorization and an RMA#. All goods accepted for restocking must be unused and in their original container, including all accessories and documentation originally shipped with product. Upon receipt of product, BeadPro, LLC will inspect and determine if credit is due or if the goods will be returned to the customer. All freight to and from the factory is the responsibility of the customer. Freight on returned goods must be prepaid. Freight collect shipments will not be accepted. No returns of special order items will be accepted. Email communications to info@beadpro.net.
16. Miscellaneous.
The laws of the State of Colorado shall apply to this Agreement, without regard to any conflict of laws provisions. The 1980 United Nations Convention on Contracts for the International Sale of Goods, the United Nations Convention on the Limitation Period in the International Sale of Goods, and the Uniform Computer Information Transactions Act, and any implementations thereof in various jurisdictions and any subsequent revisions thereto, shall not apply to this Agreement. Any controversy or claim arising out of or relating to this Agreement or your use of the website or the Content (a “Dispute”) shall be brought solely in the state or federal courts located in the State of Colorado and you hereby irrevocably consent to exclusive jurisdiction of those courts. You further acknowledge that Bead Pro may seek equitable remedies against you such as a preliminary or permanent injunction without the need to post any bond or hold any funds in escrow, and Bead Pro’s rights in its reputation and intellectual property are of a special, unique, extraordinary character, giving those rights peculiar value, the unauthorized use, damage, disclosure, or loss of which cannot be readily estimated and may not be adequately compensated for in monetary damages.
If any part of this Agreement is unlawful, void, or unenforceable, that part will be deemed severable, shall be modified by the court of competent jurisdiction to reflect to the maximum extent possible the original intention of the parties as reflected by the original wording and if not possible shall be severed from this Agreement, and will not affect the validity and enforceability of any remaining provisions.
No waiver by Bead Pro of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
No rights, duties, agreements or obligations hereunder, may be assigned or transferred by operation of law, merger or otherwise, without the prior written consent of Bead Pro.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Bead Pro as a result of this agreement or use of the website.
Except as set forth in this Agreement, this Agreement, including the Privacy Policy and Warranty, constitutes the entire agreement between the parties relating to this subject matter and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written between the user and Bead Pro with respect to the website or the Content.
This website is expressly owned and operated by Bead Pro LLC. The mailing address for Bead Pro LLC is 604 8th St SE UNIT C, Loveland, CO 80537.