Terms of Service

Terms of Use

Last updated: 11/14/2023

Beverly Tails welcomes you to www.beverlytails.com, (the “Site”), We ask that you read the following terms of use, which constitute a license that covers your use of this site and any transactions that you engage in through the Site (“Agreement”). By accessing, viewing, making a purchase, or using this Site or mobile application, you acknowledge that you have read, understand, and agree with these terms. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, PLEASE DO NOT USE THIS SITE.

Our Site is for use by customers in the United States. Our Site is controlled and operated from the United States and is subject to United States law. Beverly Tails makes no representation that the Site materials or any products herein are available for use outside the United States.

Beverly Tails reserves the right, at any time, to modify, suspend, or discontinue the Site or any part thereof with or without notice. You agree that Beverly Tails will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or any part thereof.

  1. Beverly Tails Information. The content and information displayed on the Site are Beverly Tails property and are collectively referred to as “Beverly Tails Information”. The downloading, reproduction, or retransmission of Beverly Tails Information, other than for non-commercial individual use, is strictly prohibited.

  2. Intellectual and Proprietary Rights. Our Site may contain or reference trademarks, patents, copyrighted materials, trade secrets, technologies, products, processes or other proprietary rights of Beverly Tails and/or other parties. No license to or right in any such trademarks, patents, copyrighted materials, trade secrets, technologies, products, processes and other proprietary rights of Beverly Tails and/or other parties is granted to or conferred upon you.

The trademarks, trade names, and logos of Beverly Tails are proprietary to Beverly Tails and may not be used for any reasons other than as expressly permitted by Beverly Tails. All Content, graphics, code, and software used on or incorporated into the Site (including information provided by users), and the arrangement or integration of all such content, graphics, code, and software, is subject to copyrights and other proprietary intellectual property rights held by Beverly Tails. Except for information for which you have obtained express and written authorization from Beverly Tails, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.

  1. Use of Site. Subject to the terms of this Agreement, Beverly Tails grants you a limited, non-transferable, non-exclusive license to access and make personal use of the Site. This license does not include any resale or commercial use of the Site features or content, or the right to access or use the Site for any of the restricted purposes set forth herein. Beverly Tails may terminate this license at any time and for any reason.

You agree that you will not use any device, software, or other instrumentality to interfere with or attempt to interfere with the proper working of our Site, and that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. In addition, you agree that you will not use any robot, spider, other automatic device, or manual process to monitor, scrape, or copy our Site or the Beverly Tails Information contained therein, or any aspect of the Site or the Beverly Tails Information, without the prior express consent from an authorized Beverly Tails representative (such consent is deemed given for standard search engine technology employed by Internet search website to direct Internet users to our Site). Furthermore, you agree not to use our Site for any purpose that is illegal, unlawful, or prohibited by this Agreement. You agree that you will not interrupt, disrupt, alter, destroy, impair, restrict, tamper, or otherwise affect the proper operation of our Site in any way, including, without limitation, through the use of any malicious or unauthorized code, virus, worm, Trojan horse, malware, or program. You may not use our Site in any threatening, harassing, libelous, slanderous, defamatory, obscene, inflammatory, pornographic, discriminatory, or otherwise offensive manner. Beverly Tails reserves the right in its sole discretion to revoke or deny your access to our Site, including, without limitation, if you violate any of the provisions of these Terms of Use.

  1. Privacy Policy. Please review our Privacy Policy, https://beverlytails.com/privacy-policy/ which also governs your use of our Site and is incorporated here by reference,
  1. Electronic Communications. When you use our Site, or send e-mails, and other electronic communications from your desktop or mobile device to us, you are communicating with us electronically. By sending, you consent to receive reply communications from us electronically in the same format and you can retain copies of these communications for your records. 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.
  1. Purchases. You agree that you will make only legitimate purchases in good faith, and not for other purposes, including without limitation, reselling, impermissibly assigning or posting on third party websites, or making speculative, false or fraudulent purchases.
     
  2. Order Acceptance. The receipt of an order number or an e-mail order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. Beverly Tails reserves the right, without prior notification, to limit the order quantity on any item and/or to refuse service to any customer. Verification of information may be required prior to the acceptance of an order. Prices and availability of products on the Site are subject to change without notice. Errors will be corrected when discovered and Beverly Tails reserves the right to revoke any stated offer and to correct any error, inaccuracy, or omission (including after an order has been submitted), and any orders that constitute improper use of the Site. Beverly Tails reserves the right, at its sole discretion, to refuse or cancel any order for any reason.
  1. Return Policy. If it becomes necessary to return a product you have purchased, please review our Return Policy, https://beverlytails.com/return-policy/ and follow the appropriate steps. 
  1. Risk of Loss. All items purchased from Beverly Tails are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
  1. Product Descriptions. Beverly Tails attempts to be as accurate as possible. However, Beverly Tails does not warrant that product descriptions or other content on the Site are accurate, complete, reliable, current, or error-free. If a product offered by Beverly Tails is not as described, your sole remedy is to return the product.
  1. Indemnity. You agree to indemnify and hold Beverly Tails, its officers, employees, agents, subsidiaries, parents, successors, and any other companies under common control with us harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of your use of the Site or Products, or your violation of this Agreement. Beverly Tails reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Beverly Tails and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Beverly Tails. Beverly Tails will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
  1. Disclaimer of Warranties. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR SITE AND BEVERLY TAILS INFORMATION ARE PROVIDED ON AN “AS IS,” “WHERE IS,” AND “WHERE AVAILABLE,” BASIS. WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR ANY GUARANTY OR ASSURANCE THAT OUR SITE AND/OR BEVERLY TAILS INFORMATION WILL BE AVAILABLE, ADEQUATE, ACCURATE, UNINTERRUPTED, COMPLETE OR ERROR FREE. WE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY MALICIOUS OR UNAUTHORIZED CODE AND YOU ARE SOLELY RESPONSIBLE FOR ENSURING YOU HAVE APPROPRIATE SCANNING AND PROTECTIVE MECHANISMS FOR THE SECURITY OF YOUR DEVICES, PROGRAMS AND INFORMATION. BY USING ANY OF OUR SITE AND/OR BEVERLY TAILS INFORMATION, YOU ARE ASSUMING ALL RISK OF LOSS THAT MAY ARISE OR BE ASSOCIATED WITH THAT USE.
  1. Limitation on Liability. IN NO EVENT SHALL BEVERLY TAILS, ITS OFFICERS, EMPLOYEES, AGENTS, SUBSIDIARIES, PARENTS, JOINT VENTURES, SUCCESSORS, AND ANY OTHER COMPANIES UNDER COMMON CONTROL WITH BEVERLY TAILS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM OR IN ANY WAY RELATED TO YOUR RELATIONSHIP WITH BEVERLY TAILS, YOUR USE OF THE SITE, OR PRODUCTS, EVEN IF BEVERLY TAILS HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE, AND PRODUCTS ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, BEVERLY TAILS’ LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR IN ANY WAY RELATED TO YOUR RELATIONSHIP WITH BEVERLY TAILS OR THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY U.S. DOLLARS ($50) OR (B) AMOUNTS YOU’VE PAID BEVERLY TAILS IN THE PRIOR SIX (6) MONTHS. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND BEVERLY TAILS AGREE THAT ANY CLAIM MADE MUST BE BROUGHT WITHIN TWO (2) YEARS OR IT IS OTHERWISE WAIVED AND TIME-BARRED.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
 
14. Choice of Law and Forum: These Terms of Use shall be governed by the laws of the United States and the State of Michigan, without regard to its conflict of law provisions. You agree that any cause of action that may arise under these Terms of Use shall be commenced and be heard in the appropriate court in the State of Michigan, County of Kent, and further agrees to submit to the personal and exclusive jurisdiction of the courts located in the County of Kent, in the State of Michigan. You agree and waive all respective rights to trial by jury and you agree that you will not object to jurisdiction or venue on the grounds of lack of personal jurisdiction, inconvenient forum, or otherwise. You agree that you will not file or participate in a class action against Beverly Tails, its officers, employees, agents, subsidiaries, parents, joint ventures, successors, and any other companies under common control with Beverly Tails.

CONTACT US

Beverly Tails
956 3 Mile Road N.W.
Grand Rapids, MI 49544

Telephone: (833) 644-2384

Email: support@beverlytails.com