Terms & Conditions
Welcome to BarbaraDepta.com & Beyond Stretch by Barbara Depta. Thank you for visiting our website. We appreciate your business.
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE
If you do not agree to these terms and conditions, please do not use this site or proceed with your order.
This Agreement is effective when a purchaser or prospective purchaser (“Customer” or “you”) of Beyond Stretch clicks the “I Accept” button, below (“Effective Date”) and/or places an order with Beyond Stretch for the purchase of video, audio, ebook and or products.
All materials contained on the Web Site are Copyright September 30, 2015, Beyond Stretch. All rights reserved. No person is authorized to use, copy or distribute any portion of the Web Site including related graphics.
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of BarbaraDepta.com The collective work includes works that are licensed to BarbaraDepta.com.
All trademarks, service marks and trade names Beyond Stretch used in the site are trademarks or registered trademarks of BarbaraDepta.com.
Beyond Stretch and other trademarks and/or service marks (including, but not limited to, logos and designs) found on the Web Site are trademarks/service marks that identify Beyond Stretch and the goods and/or services provided by Beyond Stretch. Such marks may not be used under any circumstances without the prior written authorization of Beyond Stretch or BarbaraDepta.com.
BarbaraDepta.com makes no representations or warranties with respect to any information, materials or graphics on the web site, all of which is provided on a strictly “as is” basis, without warranty of any kind and hereby expressly disclaims all warranties with regard to any information, materials or graphics on the web site, including all implied warranties of merchantability, fitness for a particular purpose and non-infringement.
Limitation of Liability
BarbaraDepta.com shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if BarbaraDepta.com has been advised of the possibility of such damages. Under no circumstances shall the site owner or publisher be liable under any theory of recovery, at law or in equity, for any damages, including without limitation, special, direct, incidental, consequential or punitive damages (including, but not limited to loss of use or lost profits), arising out of or in any manner connected with the use of information or services, or the failure to provide information or services, from the web site.
The information and materials on the Web Site could include technical inaccuracies or typographical errors. Changes are periodically made to the information contained herein. In the event that a BarbaraDepta.com product is mistakenly listed at an incorrect price, BarbaraDepta.com reserves the right to refuse or cancel any orders placed for products listed at the incorrect price. BarbaraDepta.com reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, BarbaraDepta.com shall issue a credit to your credit card account in the amount of the incorrect price.
Notice & Electronic Communications
BarbaraDepta.com may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Barbaradepta.com. When you visit the Site, place an order for Products and or video content, complete a form on the site, or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. Although we may also communicate with you through other media (telephone, text messages, live chat, mail and other forms now known or later developed), you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Use of Site
You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Customers shall not take any action to interfere with the operation of the Site, including computer software, hardware, network or telecommunications equipment (“Site”). Customer shall not upload other technology, use any automated software (crawlers, robots, bots, spiders, extractors, viruses, adware, worms, trojan horses, malware, spyware or any other similar malicious activities and products) at the Site; disable, hack, or seek to circumvent security-related features or digital rights management functions at the Site. Customer shall not attempt to interrupt, hijack, destroy, limit or adversely affect the functionality of the Site or any third party technology (including without limitation a “Denial-of-Service” or “Distributed Denial-of-Service” attack); cause any Site resource to be unavailable to Customers; distribute any unlawful content; encourage unlawful activity; or cause any damage or service disruption to any third party computers or service.
You agree to indemnify, defend, and hold harmless BarbaraDepta.com, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Third Party Links
BarbaraDepta.com and Beyond Stretch may provide hyperlinks to third-party web sites as a convenience to users of the Web Site. BarbaraDepta.com and Beyond Stretch does not control third-party websites and is not responsible for the contents of any linked-to, third-party web sites or any hyperlink in a linked-to website. BarbaraDepta.com and Beyond Stretch does not endorse, recommend or approve any third-party web site hyperlinked from the Web Site. BarbaraDepta.com and Beyond Stretch will have no liability to any entity for the content or use of the content available through such hyperlink. Further, the information at such sites is the responsibility of the owner/operator of such site, and not Beyond Stretch or BarbaraDepta.com.
Location of Site and Business Activity
The Site is deemed Located in and Delivered from Palm Beach Gardens, Florida USA. This Agreement is entered into, performed in, and based in Palm Beach Gardens, Florida USA and shall be governed by Florida law. The Site does not give rise to personal jurisdiction over Beyond Stretch, either specific or general, in jurisdictions other than Florida.
The parties shall attempt to resolve any disputes through good faith business negotiations. All disputes or claims arising out of or relating to this Agreement (including the breach thereof) shall be settled by arbitration, to be conducted by a single arbitrator in Palm Beach Gardens, Florida, by and in accordance with the then effective commercial rules of the American Arbitration Association or JAMS. The costs of the arbitration and the reasonable attorneys’ fees of the prevailing party shall be included in any award rendered by the arbitrator. Judgment upon the award may be entered in any court having jurisdiction thereof. Neither party shall disclose the existence, Data or result of any arbitration proceeding without the prior written consent of the other party. Any other action brought by either party related to this Agreement shall be initiated and maintained solely in Palm Beach County, Florida, or in the U.S. District Court for the Southern District of Florida. The parties expressly submit to the exclusive personal jurisdiction and venue of these courts and waive any objection on grounds of forum non conveniens.
No Implied Waiver
No waiver by Beyond Stretch shall be implied. Any waiver of any term of this Agreement must be in writing and signed by an officer of BarbaraDepta.com or Beyond Stretch.
If any portion of this Agreement is found to be unenforceable, such portion will be modified to reflect the intent of the parties set forth in such portion and only to the extent necessary to make it enforceable. The remaining provisions of this Agreement will remain in full force and effect.
BarbaraDepta.com or Beyond Stretch may assign, subcontract, delegate, and transfer its rights and obligations under this Agreement to a third party. Customer may not assign or transfer its account.
It shall not be a material breach of this Agreement, and neither party shall be liable to the other, if prevented from performing its duties or responsibilities under this Agreement by reason of any fire or other casualty, acts of God, earthquake, floods, explosions, interrupted power supply, attacks on technology infrastructure, sabotage, war, riots, acts of terrorism; inability to procure or a general shortage of labor, equipment, facilities, materials or supplies in the open market; strikes, court orders, laws, regulations, or orders of government or military authorities; or any other cause not within the control of such party whose performance is delayed.
No Election of Remedies
The remedies accorded BarbaraDepta.com or Beyond Stretch are cumulative. The remedies accorded Customer are exclusive and no other remedies are to be implied.