Terms and Conditions

berylandmae.com (the “Website”) is maintained and operated by BERYL AND MAE (“we”, “us” or “BERYL AND MAE”).  Your access and use of the Website is subject to the following Terms of Conditions of Use (the "Terms of Use") and all applicable laws.  By accessing or using any part of the Website, you accept, without limitation or qualification, these Terms of Use.  If you do not agree to or cannot comply with these Terms of Use, please do not use the Website.

We reserve the right to change these Terms of Use, in whole or in part, from time to time at, our sole discretion, and to provide you with notice of such change by any reasonable means, including, without limitation, posting the revised draft of these Terms of Use on the Website.  You can determine when these Terms of Use were last revised by referring to the "Last Updated" legend at the bottom of this page.  If you are concerned about our Terms of Use, you should always check this page prior to using the Website.  Your continued use of the Website following the posting of changes to these Terms of Use will mean that you accept those changes.  Any information you submit or we collect through the Website is subject to our Privacy Policy, the terms of which are incorporated into these Terms of Use.

USE OF THE WEBSITE

This Website is provided solely for your personal use.  Any other use of the Website requires the prior written consent of BERYL AND MAE.  Products made available through this Website are manufactured by the respective supplier.  Reliance on any information provided on the Website is solely at your own risk.  If you have any questions or concerns about medical or health issues, you should contact a medical professional prior to using any products purchased on the Website.

PROPRIETARY RIGHTS

BERYL AND MAE is the exclusive owner of, or is authorized to use, sell, or provide access to, all parts of the Website, including all copy, software, graphics, designs and all copyrights, trademarks and other intellectual property or proprietary rights contained therein. Some materials on the Website belong to third parties who have authorized BERYL AND MAE to display the materials, such as branding materials, supplier logos and trademarks, and other proprietary materials.  Except as expressly set forth in these Terms of Use, no license is granted to you and no rights are conveyed by virtue of accessing or using the Website.  All rights not granted under these Terms of Use are reserved by BERYL AND MAE.  You may not, nor will you allow any third party to copy, modify, transmit or make derivative works based on any of the content contained in this Website.

REGISTRATION; USERNAMES AND PASSWORDS

You may be required to register with BERYL AND MAE in order to purchase products or otherwise use certain features of the Website.  Registration may require you to submit a username and password.  We may refuse to grant you, and you may not use, a username or email address that belongs to or is already being used by another person; that may be construed as impersonating another person; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion.  You are responsible for maintaining the confidentiality of any password you may use to access the Website, and you agree not to transfer your user name or password, or lend or otherwise transfer your use of or access to the Website, to any third party.  You are fully responsible for all transactions (including any information transmitted in connection with any transactions) and other interactions with the Website that occur in connection with your username.  You agree to immediately notify BERYL AND MAE of any unauthorized use of your user name or password or any other breach of security related to your account, your user name or the Website, and to ensure that you "log off" and exit from your account with the Website (if applicable) at the end of each session.  We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.  We reserve the right to deactivate your account without notice to you if we determine you have violated these Terms of Use.

UNAUTHORIZED USE

These Terms of Use provide you with a limited license to use the Website.  You may not: (i) use the Website for any illegal purpose; (ii) use, copy, store, reproduce, transmit, distribute, display, modify, or commercially exploit the Website in any manner not expressly permitted in these Terms of Use; (iii) use spiders, robots, data mining techniques or other automated devices or programs to catalog, download, reproduce, store or distribute content available on the Website; (iv) take any action to interfere with or disrupt the Website or any other user's use of the Website, including, without limitation, via means of overloading, “flooding”, “mailbombing” or “crashing” the Website, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms of Use; (v) frame portions of the Website within another Website or establish links from any other Website to any page of the Website other than the homepage; (vi) reverse engineer, disassemble or create any derivative work of the Website; (vii) or resell use of or access to the Website to any third party without our prior written consent.

You agree not to post, transmit, or otherwise make available through or in connection with the Website: any information or materials that are or may be, or the posting, transmission or use of which is or may be: (i) threatening, harassing, degrading, hateful or intimidating; (ii) defamatory or libelous; (iii) fraudulent or tortious; (iv) obscene, indecent, pornographic or otherwise objectionable; or (v) impersonating another person or protected by copyright, trademark, trade secret, right of publicity or privacy or any other third party proprietary right; (vi) any material that would give rise to criminal or civil liability; that encourages conduct that constitutes a criminal offense; or that encourages or provides instructional information about illegal activities or activities such as "hacking," "cracking," or "phreaking;"; (vii) any unsolicited or unauthorized advertisements, promotional material, "junk mail," "spam," "chain letter," "pyramid scheme" or investment opportunity, or any other form of material that is not expressly approved by BERYL AND MAE in advance; or (vii) any personally identifiable information of another individual, without the prior consent of such individual.

FORUMS AND SUBMISSIONS

BERYL AND MAE may offer features through the Website that enable you to post information and materials publicly, for example, bulletin boards, blog, chat areas, and similar forums (collectively referred to herein as "Forums").  All of the rules of conduct described in the Unauthorized Use provision above apply to the Forums.  Additionally, without BERYL AND MAE’ express prior written consent, you may not use the Forums for any commercial purposes, including the promotion or advertisement of any goods, services or opportunities, and you may not use the Forums to solicit other BERYL AND MAE Website visitors or users to visit or become members of, subscribe to or register with any commercial online service or other organization.

When you submit or make available any information or materials through the Forums or otherwise through the Website ("Submissions"), you acknowledge and agree that those Submissions will be non-proprietary and non-confidential, may be made available to the general public, and may be used by BERYL AND MAE without restriction.  You grant to BERYL AND MAE the worldwide, perpetual, royalty-free, irrevocable, nonexclusive right and license, sublicensable through multiple tiers, without compensation to you, to use, reproduce, distribute (through multiple tiers), adapt (including without limitation edit, modify, translate and reformat), create derivative works of, transmit, publicly display, publicly perform, digitally perform, make, have made, sell, offer for sale and import all Submissions, in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise.  You represent and warrant that you have all rights necessary for you to grant the licenses granted in this section with respect to each Submission, and that your provision of Submissions through the Forums or otherwise through the Website complies with all applicable laws, rules and regulations.  You further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding any Submission that you may have under any applicable law or under any legal theory.

We reserve the right, at our sole discretion, to edit any Submission and to choose to include or not include such Submission in the Forums or otherwise in the Website.  The Forums include the opinions, statements and other content of third parties.  We are not responsible for screening, monitoring or verifying such content, including such content's accuracy, reliability or compliance with copyright or other laws.  Any opinions, statements or other materials made available by third parties through the Forums or otherwise through the Website are those of such third parties and not of BERYL AND MAE, and BERYL AND MAE does not endorse any such opinions, statements or materials.  We may remove objectionable statements or other content from the Website at any time if we deem removal to be warranted.  Removal or editing of any Submission or other materials may not occur immediately.

You acknowledge and agree that BERYL AND MAE has no control over, and shall have no liability for any damages resulting from, the use (including without limitation re-publication) or misuse by any third party of information voluntarily made public through the Forums or any other part of the Website.  If you choose to make any of your personally identifiable information or other information publicly available through the forums or otherwise through the website, you do so at your own risk.

DIGITAL MILLENNIUM COPYRIGHT ACT

We respect the intellectual property rights of others, and require that the people who use our Website and products do the same.  If you are a copyright owner and believe that any content posted on the Website infringes upon your copyrights, please provide our designated copyright agent the following written information in accordance with the Digital Millennium Copyright Act (the “DMCA”): (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing and information reasonably sufficient to permit location of the material; (iv) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (v) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; (vi) and a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Our DMCA designated copyright agent for notice of claims of copyright infringement on the Site can be reached as follows:

BERYL AND MAE

c/o DMCA Copyright Agent

1839 Ygnacio Valley Road, Ste 220

Walnut Creek, CA 94598

orders@berylandmae.com

PRODUCT OFFERINGS

All transactions made through the Website are subject to our acceptance in our sole discretion. BERYL AND MAE reserves the right, with or without prior notice to: (i) change product or service descriptions, images and references; (ii) limit the available quantity of any product or service; (iii) honor or impose conditions on the honoring of any coupon, coupon code, promotional code, incentive offer or other promotion; (iv) prevent or prohibit any user or customer from making any or all transaction(s); and/or (v) cancel any order or refuse to provide any user or customer with any product or service.

Price and availability of any product or service offered through the Website are subject to change without notice, and BERYL AND MAE shall not be responsible for errors in the prices or descriptions of such products or services.  You agree to pay all charges that may be incurred by you or on your behalf through the Website, at the price(s) in effect when such charges are incurred, including without limitation all shipping and handling charges.  In addition, you remain responsible for any taxes that may be applicable to your purchases.

MOBILE APPLICATIONS

Regarding mobile applications that are part of the Website, if you have enabled GPS or other location-based features, you acknowledge that your device location may be tracked and used consistent with BERYL AND MAE’ Privacy Policy. You can terminate device location tracking by us by uninstalling the mobile application.  In addition to these Terms of Use, your use of a mobile application that is part of the Website may also be governed by additional Terms of Use specific to that mobile application.

NO WARRANTIES

While BERYL AND MAE uses reasonable efforts to include up-to-date information on the Website, BERYL AND MAE makes no warranties or representations as to its accuracy or completeness.  BERYL AND MAE assumes no liability or responsibility for any errors or omissions in the content on the Website.  Your use of the Website and Products is at your own risk.  The Website, including all content available on or accessed through the Website, is provided “as is.”  To the fullest extent permissible by law, BERYL AND MAE makes no representations or warranties of any kind whatsoever for the content on the Website or products available through the Website or social media.  Further, BERYL AND MAE disclaims any express or implied warranties, including, without limitation, non-infringement, title, merchantability or fitness for a particular purpose.  BERYL AND MAE does not warrant that any materials, content or function contained in the Website will be uninterrupted or error free, that defects will be corrected, or that the Website or the server that makes it available is free of viruses or other harmful components.  BERYL AND MAE shall not be liable for the use of the Website, including, without limitation, the content or the products and any errors contained therein.  

LIMITATION OF LIABILITY

In no event will BERYL AND MAE, its employees, officers, directors, agents, and representatives be liable under any indirect, incidental, special or consequential damages, theory of tort, contract, strict liability or other legal or equitable theory for any lost profits, lost data, lost opportunities, costs of cover, exemplary, punitive, personal injury/wrongful death, regardless of whether or not the possibility of such damages has been disclosed. Under no circumstances shall BERYL AND MAE be liable for direct damages in excess of the amount paid for the product or service that is the subject of the claim.

Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the foregoing limitation or exclusion may not apply to you. BERYL AND MAE is not responsible for any unauthorized access to or alteration of your submissions, transmissions or data, or for any material or data sent or received, or not sent or received.  BERYL AND MAE is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party, or any infringement by a third party of another's intellectual property, privacy or other rights.  

GOVERNING LAW; VENUE

By using the Website, you agree that applicable federal law and the laws of the State of California will govern these Terms of Use.  You agree that the venue of any action, suit, or litigation arising out of a dispute or claims related to the use of the Website shall be Contra Costa County, California, U.S.A.

INDEMNITY

You agree to indemnify and hold harmless BERYL AND MAE (and its employees, officers, directors, agents, representatives, subsidiaries, joint ventures, and suppliers) from any claim or demand, as well as losses, expenses, damages and costs, resulting from any violation of these Terms of Use, your use of the Website or any services or products provided to you, or any activity related to your account (including negligent or wrongful conduct).

CONTACT US

Please contact us orders@berylandmae.com if you have any questions or concerns regarding these Terms of Use.

LAST UPDATED JANUARY 6, 2022