Term of Use

www.beadandboard.com
Website Terms of Use
PLEASE READ THESE TERMS AND CONDITIONS OF USE
CAREFULLY. BY USING THIS WEB SITE, YOU AGREE
TO THESE TERMS AND CONDITIONS.

Your access to and use of this website is subject to the following terms and conditions of use (‘‘Terms of Use’’) and all applicable laws. These Terms of Use apply exclusively to your access to, and use of, this website and do not alter in any way the terms or conditions of any other agreement you may have with Bead and Board LLC. (‘‘BAB”) for products, services or otherwise. For information on BAB’s policies relating to shipping and returns, see below.  These Terms of Use may be changed by BAB at any time in its sole discretion by posting the changes made to these Terms of Use, as revised, on this website. Your use of this website following the posting of such changes or revised Terms of Use shall constitute your acceptance of any such changes. If you do not agree to these Terms of Use, our Privacy Statement, or any other policy governing your access to/your use of our website you should immediately terminate your access to/use of the website. If you have any questions regarding these terms, or your access to/use of this website, please Amy at Amy@beadandboard.com.

PRIVACY
We respect the privacy of our customers and encourage you to read our Privacy Statement www.beadandboard.com so that you may make an informed decision about using our website.

COPYRIGHT
Unless otherwise indicated, all website materials, including, without limitation, the BAB logo, and all designs, text, graphics, other files, and the selection and arrangement thereof are the proprietary and/or copyrighted property of BAB or its licensors. You may electronically copy and print to hard copy portions of this website for the sole purpose of using materials it contains for informational and non-commercial, personal use only. Any other use of the materials in this website—including any commercial use, reproduction for purposes other than described above, modification, distribution, republication, display or performance—without the prior written permission of BAB is strictly prohibited.

 TRADEMARKS
BAB, the BAB logo, and any proprietary product or service names contained in this website are the sole property of BAB, and may not be copied, imitated or used, in whole or in part, without the prior written permission of BAB.  In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of BAB, and may not be copied, imitated or used, in whole or in part, without the prior written permission of BAB. All other trademarks, registered trademarks, product names and company names or logos mentioned herein are the property of their respective owners.

 UPLOADED CONTENT
You may not upload, post, reproduce or distribute in any way material protected by copyright, trademark, trade secret or other proprietary right or which would violate any right of publicity, right of privacy or other right of any third party without first obtaining permission of the owner of such right. This includes group or individual portraits of people taken by professional photographers. Photos of people may only be used with the express permission of the individual whose image is portrayed (or for minors, the permission of their parent or guardian). This includes celebrities and professional athletes, as well as ordinary citizens. We reserve the right to obtain verification of any permission required prior to our use of such images.

 SUBMISSIONS
You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of e-mail or submissions to BAB, or postings on this website, are non-confidential and that BAB shall have a perpetual, worldwide, non-exclusive license to use such materials in connection with the maintenance of the BAB Web Site. The submission of any materials to BAB irrevocably waives any and all ‘‘moral rights’’ in such materials, including the rights of attribution, paternity and integrity.

 GOODS/SERVICES DESCRIPTIONS
BAB’s website attempts to set forth the goods and/or services available for order as accurately as possible. However, BAB does not warrant that product descriptions or other content of any good, product and/or service available for online order is accurate, complete, reliable, current, or error-free. If a good, product and/or service offered by BAB itself is not as described, your sole remedy is to return it in unused condition in accordance with BAB’s return policies.

 PRICING POLICY
The goods, products and/or services offered for sale by BAB are priced competitively, and are subject to change.  For all of our prices, products and services, we reserve the right to make adjustments or changes due to changing market conditions, product or service discontinuation, manufacturer price changes, errors or mistakes in advertisements and other extenuating circumstances.
With respect to items advertised or sold on this website, BAB does not and cannot guarantee or confirm the price of an item until you order. Despite BAB’s efforts to be as accurate as possible with regard to its pricing information, goods, products or services offered for sale on the website may be mispriced or mistakenly described.  As a result, if the correct price of an item sold by BAB is higher than our stated or advertised price on the Website, BAB will, at our discretion, either contact you with the corrected pricing information requesting further instructions before shipping or cancel your order and notify you of such cancellation.

INAPPROPRIATE IMAGES OR WORDS
BAB reserves the right to remove any text or images uploaded by you that it deems in its sole judgment to be inappropriate or which it believes may subject it to any liability, including without limitation the following:

  • photographs, pictures, images, text or other materials submitted by users that are protected by trademark, copyright, right of publicity or other proprietary right, without the express permission of the owner of those rights;
  • partially or fully nude images of anyone, at any age, of any gender, including sexually suggestive images or words;
  • profanity or offensive comments including but not limited to expressions of racism, bigotry or hatred, or that are abusive, slanderous or offensive;
  • any illegal material such as expressions of abuse, offensive language and imagery, obscenity or pornography, including, but not limited to, child abuse, child pornography, depictions of minors engaged in sexual conduct or explicitly sexual situations, or any other material that could give rise to any civil or criminal liability under, or otherwise violate, any applicable law.

CLAIMS OF COPYRIGHT INFRINGEMENT; DESIGNATED AGENT
If you believe that any material on this website infringes upon any copyright that you own or control, or that any link on this website directs users to another website that contains material that infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent. Please send written notification of your claim to Bead and Board, LLC, ATTN Chris O’Rourke – Honorary Esquire, 2610 University Avenue, Dubuque, Iowa, 52001..

ONLINE CONDUCT; REPEAT INFRINGER POLICY
You agree to use BAB’s website only for lawful purposes. You are prohibited from posting on or transmitting through BAB’s website any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically or otherwise objectionable material of any kind that infringes the intellectual property rights or is otherwise injurious to third parties, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law.
BAB respects the intellectual property of others, and we ask visitors to our site do the same. BAB may, in appropriate circumstances and at its sole discretion, terminate access to the website and/or, as appropriate the accounts of registered members who infringe the intellectual property rights of others.

CONTENT REVIEW
BAB may elect to electronically monitor areas of this website and may disclose any content, records or electronic communication of any kind to satisfy any law, regulation or government request, if such disclosure is necessary or appropriate to operate this website, or to protect the rights or property of BAB, its independent contractors, service providers, consultants, sponsors, licensors or the public. BAB retains the right, but not the obligation, to monitor and edit or remove any activity or content that it deems in its sole discretion to be harmful to users, BAB, or the rights of any third party, or to violate any applicable law.

USE BY CHILDREN
BAB does not offer products for sale to children under 18. We sell products for purchase by adults only. By using this website, you are representing to us that you are 18 years old or older. BAB will not be liable for any damages that may result from misrepresentation of age by a user of our website.

INDEMNITY
You agree to defend, indemnify and hold harmless BAB, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any third party claim, damages, costs and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of your use of the BAB website or the use of any photographs, images or materials you provide, including without limitation any actual or threatened suit, demand, or claim made against BAB and/or its independent contractors, service providers, or consultants, that use of the photographs, images or material provided infringes, misappropriates or otherwise violates any copyright, trademark, right of publicity or other proprietary right of any third party. You agree to pay any judgment or reasonable settlement offer resulting from any such suit, demand or claim.

DISCLAIMER
THIS WEBSITE AND THE MATERIALS IN THIS WEB SITE ARE PROVIDED ON AN ‘‘AS IS’’ BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. BAB DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. BAB DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS WEBSITE, INCLUDING WITHOUT LIMITATION ANY INFORMATION ABOUT BAB PROVIDED BY THIRD PARTIES, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. BAB DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

BAB reserves the right to change any and all content contained on this website at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by BAB.

LIMITATION OF LIABILITY
IN NO EVENT SHALL BAB OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS OR EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR INABILITY TO USE THIS WEBSITE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THIS WEBSITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM BAB, OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERROR, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO BAB’S RECORDS, PROGRAMS OR SERVICES.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF BAB (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF BAB’S WEBSITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO BAB FOR ACCESS TO OR USE OF THIS WEB SITE.

LINKING TO OUR WEBSITE
You are granted a limited, nonexclusive right to create a hyperlink to this website provided such link does not portray BAB or any of its products or services in a false, misleading, derogatory or otherwise defamatory manner. This limited right may be revoked at any time. You may not use, frame or utilize framing techniques to enclose any BAB  trademark, logo or other proprietary information, including the images found at this website, the content of any text or the layout/design of any page or form contained on a page without BAB’s express written consent. Further, you may not use any meta tags or any other ‘‘hidden text’’ utilizing a BAB name, trademark or product name without BAB’s express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of BAB or any third party. BAB makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of websites linking to this website.

THIRD-PARTY LINKS
BAB may provide links to Web pages and content of third parties (‘‘Third Party Content’’) as a service to those interested in this information. BAB does not monitor, nor does it have any control over, any Third-Party Content. BAB does not endorse or adopt any Third-Party Content and can make no guarantee as to its accuracy or completeness. BAB makes no representations or warranties of any kind regarding such Third-Party Content, or any information contained therein, and undertakes no responsibility to update or review any Third-Party Content. When leaving the BAB site, you should be aware that BAB terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that site. Users use these links and Third-Party Content contained therein at their own risk.

SEVERABILITY AND NONWAIVER
If any provision of these Terms of Use shall be deemed unlawful, void or for any reason,  unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. The failure of BAB to insist upon or enforce strict performance of any of the provisions of these Terms of Use or to exercise any rights or remedies under these Terms of Use will not be construed as a waiver or relinquishment to any extent of BAB’s right to assert or rely upon any such provisions, rights, or remedies in that or any other instance; rather, the same will be and remain in full force and effect.

APPLICABLE LAW
The laws of the State of Iowa will govern and construe these Terms of Use without giving effect to any conflict of laws/provisions to the contrary. By use of this website, you irrevocably consent for any and all disputes with BAB to the venue of state or federal courts located in Dubuque County, Iowa.  If you access the website from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

TERMINATION
Notwithstanding any of these Terms of Use, BAB reserves the right, without notice and in its sole discretion, to terminate your use of this website and to block or prevent future access to and use of this website.

QUESTIONS AND CONTACT INFORMATION
General questions or comments about BAB’s website may be directed to Amy@beadandboard.com

ADDRESS OF RECORD
Bead and Board LLC
2610 University Ave.
Dubuque, IA  52001
Amy@beadandboard.com

 

Shipping Policy:       

All items are handmade to order. Your order will usually ship within 5 days from the date of purchase. During peak times, it may take longer to get your purchase created and shipped.  We guarantee all orders will be shipped within 2 weeks of purchase date.  Shipping times are dependent on USPS shipping schedule.  Please allow an additional 2-5+ days for your package to be delivered once shipped.  At this time, Bead and Board only ships to addresses within the United States from Dubuque, Iowa. Standard and expedited shipping is available at check out. Sales are final on all clearance items. Are you ordering multiple pieces?  We will do our best to combine them into one package to save you extra shipping charges.

 Local Pickup in Dubuque, Iowa is available.  Simply select “Local Pickup” at checkout. No shipping charge applies to items picked up locally.

 Return Policy:           We gladly accept returns and exchanges.  Contact us within 14 days of delivery.  Ship (at your expense) items back within 30 days of delivery for a full refund of the purchase price (less shipping).  We cannot cancel an order once the item has been created (normally within 3 days of purchase).  Custom and personalized items are sold on a non-returnable basis.  Please contact us if you have any problems with your order.