Terms of service

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.

These Terms and Conditions are the official terms of use for Beard Mountain Industries LLC’s website at beardmountain.com (“Benefit’s Website”) and on Beard Mountain Industries LLC’s applications (including social media sites, such as Facebook and Twitter, and Ratings & Reviews and Ask & Answer) (“Beard Mountain Industries LLC’s Applications”), (collectively, the “Sites”). The content and services available on the Sites are provided to you by Beard Mountain Industries LLC (“Beard Mountain”, “ Beard Mountain Trading Company”, “us”, “our”, “we”, “I”) subject to the following terms and conditions. Please also review our Privacy Policy, Community Guidelines and the other terms and policies you may find throughout our Sites in connection with certain functionality, ordering information or promotions. By accessing or using the Sites, you are acknowledging that you have read, understand, and agree to be bound by these Terms and Conditions, and the other guidelines, policies and terms posted on the Sites.

Beard Mountain Industries LLC reserves the right to update or modify these Terms and Conditions at any time. When changes are made, we will make the revised version available on this webpage, and will update the “Last Updated” date, copied below. For this reason, we encourage you to review these Terms and Conditions whenever you purchase products from Beard Mountain Industries LLC or otherwise use the Sites. By using these Sites, you agree to be bound by the Terms and Conditions posted on the Sites at the time of your access.

Binding Contract

These Terms and Conditions form a legally binding contract between you and us. By using our Sites, you affirm that you are at least 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, representations and responsibilities set forth in these Terms and Conditions, and to abide and comply with these Terms and Conditions.

Intellectual Property

Everything on or used in connection with our Sites, including but not limited to Beard Mountain Industries LLC’s name and logo, product images and descriptions, Site design, the look and feel of the Sites, text, graphics, button icons, images, audio clips, page headers, trademarks, content, the selection and arrangement thereof, and all software belongs to or is licensed to Beard Mountain Industries LLC, and is protected by U.S. and international laws, including laws governing copyrights and trademarks. Permission is granted to electronically copy and to print in hard copy portions of the Sites for purposes of placing an order with Benefit or for non-commercial uses. Any other use of the materials on the Sites – including reproduction for purposes other than those permitted above, modification, distribution, republishing, transmission, display or performance – without the prior written permission of Beard Mountain Industries LLC is strictly prohibited. Use of any materials on the Sites in connection with any product or service that is not offered by Beard Mountain Industries LLC in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Beard Mountain Industries LLC, is also prohibited.

You may not use any data mining, robots, or similar data gathering and extraction tools on the Sites or frame any portion of the Sites. You may not circumvent any mechanisms included in the Sites for preventing the unauthorized reproduction or distribution of the content or materials contained on the Sites.

Inaccuracy Disclaimer

From time to time there may be information on the Sites that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. Benefit reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order).

While we make reasonable efforts to ensure the information provided on the Sites is accurate, we make no warranties about the accuracy and reliability of the information, data or content on the Site. The content on the Site is provided for informational purposes only. We shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Sites. The information contained on the Sites may be compiled from a variety of sources. See the “Disclaimer” Section below for more details.

Proper Use of the Sites

You agree that you will use the Sites in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence and all United States export control laws. Violation of any of the foregoing may result in immediate termination of these Terms and Conditions and may subject you to state and federal penalties and other legal consequences. We reserve the right, but shall have no obligation, to investigate your use of the Sites in order to (a) determine whether a violation of these Terms and Conditions has occurred or (b) comply with any applicable law, regulation, legal process or governmental request.

You may not use the Sites in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party’s use and enjoyment of the Sites. You may not attempt to gain unauthorized access to any services, user accounts, computer systems or networks, through hacking, password mining or any other means. We may take any legal and technical remedies to prevent the violation of this provision and to enforce these terms.

Certain parts of the Sites may require a password to enter. You agree that you are responsible for all acts or omissions that occur on your account while your password is being used. If you believe someone has used your password or account without your authorization, you must notify us immediately. We reserve the right to access and disclose any information, including, without limitation, user names of accounts and other information, to comply with applicable laws and lawful government requests.

Third Party Links

Beard Mountain Industries LLC may from time to time provide links to other websites or applications (collectively, “Third Party Websites”) as a service to those interested in this information. Links to Third Party Websites may also be posted by third parties on Benefit’s Blog and on Benefit’s Applications. Beard Mountain Industries LLC does not monitor, approve or have any control over any content located on Third Party Websites. The inclusion of any links to Third Party Websites does not imply any association or relationship between Beard Mountain Industries LLC and the Third Party Website, and Beard Mountain Industries LLC does not guarantee, endorse or adopt the accuracy or completeness of content on any Third Party Website. Beard Mountain Industries LLC is not responsible for updating or reviewing content on Third Party Websites. You use Third Party Websites at your own risk. Links to Third Party Websites do not imply legal authority to use any protected rights of others reflected in the links. If you use any of these links, you will leave the Sites.

Children Under 13

The Sites are not intended for children. We do not knowingly collect personally identifiable information from children, and none of the Sites are designed to attract children. Children under 13 may look at the Sites, but are not permitted to make a purchase, create an account, enter a promotion, submit a customer survey, sign-up for emails or post comments on Beard Mountain Industries LLC’s Blog or on Beard Mountain Industries LLC’s Applications. If we discover someone under the age of 13 has created an account or has otherwise provided us with their personal information, no matter how awesome their beard might be, we will remove their personally identifiable registration information from our records. If you are under 13 and would like to make a purchase, please ask a parent or legal guardian to place the order for you.

Use of Products and Services

The products and services available on the Sites, including any samples Beard Mountain Industries LLC may provide to you, are for personal use only. All material and information presented by Beard Mountain Industries LLC is intended to be used for personal educational or informational purposes only. The statements made about products have not been evaluated by the U.S. Food and Drug Administration and the results reported, if any, may not necessarily occur in all individuals. The statements and products are not intended to diagnose, treat, cure or prevent any condition or disease. All products should be used strictly in accordance with their instructions, precautions and guidelines. You should always check the ingredients for products to avoid potential allergic reactions. Any instruction on the use of Beard Mountain Industries LLC products that are not found on product labels can be found at beardmountain.com and it is the users responsibility to understand and follow all product information and instructions before using any Beard Mountain Industries LLC product.

Use of the Sites is not meant to serve as a substitute for professional medical advice: these Sites are solely online stores for specialty beauty products. Please consult with your own physician or health care practitioner regarding the use of any goods, products or information received from the Sites before using or relying on them. Your physician or health care practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition. Beard Mountain Industries LLC does not give or intend to give any answers to medical related questions and these Sites do not replace any medical professional or medical resource. Beard Mountain Industries LLC does not represent itself as a physician nor is this implied. No prescription medications or medical treatments are intentionally provided on the Sites.

You may not sell or resell any of products or services you purchase or otherwise receive from Beard Mountain Industries LLC. Beard Mountain Industries LLC reserves the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products or services to be provided to you where Beard Mountain Industries LLC, in its sole discretion, believes may result in the violation of these Terms and Conditions.

Color Information

While Beard Mountain Industries LLC has tried to accurately display the colors of products, the actual colors you see will depend on the device you are using to view the product and may not be accurate.

Refund Policy

For purchases made on Beard Mountain Industries LLC’s Website, review the terms here.

For purchases made from Beard Mountain Industries LLC, we exchange, or issue credit or full refund, for up to 30 days with valid proof of purchase. For a cash refund, original cash receipt is required and for refunds on a check it must be 10 days after purchase and posting. Returns after the 30 day period will be exchange only. Returns are not accepted after 45 days.

Mobile Services

If you access the Sites via your mobile phone, we do not currently charge for this access. Please be aware that your carrier’s normal rates and fees, such as text messaging fees or data charges, will still apply.

Disclaimer

BEARD MOUNTAIN INDUSTRIES LLC IS PROVIDING THE SITES AND THEIR CONTENTS ON AN “AS-IS” BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE OPERATION OF THE SITES, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THE SITES. TO THE FULLEST EXTENT PERMITTED BY LAW, BEARD MOUNTAIN INDUSTRIES LLC DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING FOR EXAMPLE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, BEARD MOUNTAIN INDUSTRIES LLC DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SITES IS ACCURATE, COMPLETE OR CURRENT. BEARD MOUNTAIN INDUSTRIES LLC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES.

Limitation of Liability

EXCEPT AS PROVIDED IN THE DISCLAIMER SECTION ABOVE, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OTHER DISPUTE WITH US RELATING TO THE USE OF THE SITES IS TO DISCONTINUE YOUR USE OF THE SITES. IN NO EVENT SHALL OUR LIABILITY, OR THE LIABILITY OF OUR AGENTS, AFFILIATES, SUBSIDIARIES AND REPRESENTATIVES FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SITES EXCEED THE TOTAL AMOUNT OF FEES THAT YOU PAID US DURING A ONE-YEAR PERIOD FOR THE SPECIFIC SERVICE AT ISSUE OR THE COST OF THE PRODUCT AT ISSUE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE REGARDING ANY PRODUCT PURCHASED ON THE SITES IS A REFUND OF THE PRICE PAID OR REPLACEMENT OF THE PRODUCT, AS MORE SPECIFICALLY DESCRIBED IN THE PURCHASE TERMS.

WE, OUR AGENTS, AFFILIATES, SUBSIDIARIES AND REPRESENTATIVES SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE, OR RELIANCE UPON THE SITES OR ANY PRODUCT ADVERTISED OR SOLD ON THE SITES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, INJURY, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES AND AFFILIATES, SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, INFORMATION, ADVICE OR STATEMENT ON THE SITES. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH EITHER THE CONTENT ON THE SITES OR USE OF ANY PRODUCT ADVERTISED OR SOLD ON THE SITES. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITES. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT ON THE SITES.

User Content

Users of our Sites have the opportunity to post certain content on our Sites, such as comments on Beard Mountain LLC’s Blog, reviews on our Ratings & Reviews features, and questions (“User Generated Content”). All User Generated Content must comply with the Community Guidelines. The Community Guidelines is a binding part of these Terms and Conditions. Therefore, please ensure you read the Community Guidelines carefully when viewing the Sites.

Copyright Policy

If you believe your work has been copied in a way that constitutes copyright infringement, please provide Beard Mountain LLC’s designated copyright agent (listed below) with the following written information in accordance with the Digital Millennium Copyright Act (17 U.S.C. 512 et seq.): 1. A physical or electronic signature of the person authorized to act on behalf of the copyright owner; 2. A description of the copyrighted work claimed to have been infringed; 3. A description of the material that you claim is infringing, and where it is located on the Sites; 4. Your address, telephone number, and email address; 5. A statement by you that you in good faith believe that the disputed use is not authorized by the copyright owner, its agent, or the law; 6. A statement that you consent to the jurisdiction of the United States District Court for the judicial district pertaining to your address, or if your address is outside of the United States, for any judicial district in which Beard Mountain LLC is located, and that you will accept service of process from the person who provided notification or an agent of such person; and 7. A statement by you, made under penalty of perjury, that the above information is accurate, and that you are authorized to act on behalf of the copyright owner.

If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:

Your physical or electronic signature;

Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;

A statement from you, under penalty of perjury, that you have a good-faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and 4. Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

Beard Mountain LLC’s Designated Agent for claims of copyright infringement can be reached at:

Copyright Agent Beard Mountain LLC

2923 Beech Ave

Billings, Montana 59102

Note: The above contact information is provided exclusively for notifying Beard Mountain LLC that copyright material may have been infringed. All other inquiries should be directed to our customer service by calling 866-589-6163 or using our online submission form.

Indemnification

You agree to defend, indemnify and hold harmless Beard Mountain LLC (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), from all claims, demands, losses, liabilities, costs, expenses, obligations and damages of every kind and nature, known and unknown, including reasonable legal fees, arising out of (a) your use of and access to the Sites; (b) your violation of any term of these Terms and Conditions; (c) a breach of these Terms and Conditions; (d) your violation of any law or the rights of a third party (including, without limitation, any copyright, property or privacy right); or (e) any claim that any content that you submitted to the Sites caused damage to a third party. This indemnification obligation will survive the termination of these Terms and Conditions and your use of the Sites.

Governing Law and Jurisdiction

These Terms and Conditions and all questions relating to the performance, interpretation, breach or enforcement of these Terms and Conditions, or the rights, obligations and liabilities of you and us under them are governed by the laws of the State of California.

Arbitration

You agree that exclusive jurisdiction for any dispute, claim, or demand related in any way to the Sites will be decided by binding arbitration. All disputes between you and Beard Mountain LLC of any kind or nature arising out of your use or enjoyment of the Sites, shall be submitted to Judicial Arbitration and Mediation Services, Inc. (“JAMS”) for binding arbitration under its rules then in effect in the State of California, before one arbitrator to be mutually agreed upon by both parties. The parties agree to share equally in the arbitration costs incurred. Any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.

International Visitors and Shipping

We make no representation that materials contained on the Sites or products described or offered on the Sites are appropriate or available for use in jurisdictions outside the United States, or that these Terms and Conditions comply with the laws of any other country. Visitors who use the Sites and reside outside the United States do so on their own initiative and are responsible for compliance with all laws, if and to the extent local laws are applicable. You agree that you will not access the Sites from any territory where its contents are illegal, and that you, and not Beard Mountain LLC are responsible for compliance with applicable local laws.

International orders may be subject to import taxes, customs duties and fees levied by your country’s customs department upon arrival. When ordering from beardmountain.com, the recipient of the shipment is the importer of record and is responsible for any of these import fees, as well as complying with all laws and regulations of the destination country. Beard Mountain LLC does not collect duties and taxes, and as smart as we are, we cannot predict what your particular charges may be. Customs policies vary widely from country to country, so please contact your local customs office for more information.

Fraud Protection Program

As part of our order processing procedures, we screen all received orders for fraud or other types of unauthorized or illegal activity. Beard Mountain LLC reserves the right to refuse to process an order or refund due to suspected fraud or unauthorized or illegal activity. If such is the case, Beard Mountain LLC may reject your order or our Customer Service department may call you at the phone number you provided to confirm your order. We also reserve the right to cancel any accounts, refuse to ship to certain addresses, or withhold refunds or concessions due to suspected fraud or unauthorized or illegal activity. Beard Mountain LLC takes these measures to protect Beard Mountain LLC ‘s customers as well as Beard Mountain LLC from fraud or other unauthorized or illegal activity.

No Reseller Activity

The products and services available on the Sites, including any samples Beard Mountain LLC may provide to you, are for personal use only. You may not sell or resell any of the products or services you purchase or otherwise receive from Beard Mountain LLC. We reserve the right, with or without notice, to cancel or reduce the quantity of any order or withhold refunds or concessions, in our sole discretion, to those individuals we believe may be engaged in suspicious reseller activity or are otherwise violating these Terms and Conditions. Among other things, we may suspect reseller activity based on factors such as order frequency, amount and quantity.

Comments, Feedback and Other Submissions

Beard Mountain LLC welcomes your comments and feedback regarding the Sites, and Beard Mountain LLC products and services. Any information, materials, suggestions, ideas or comments sent to Beard Mountain LLC will not be treated as confidential, proprietary or trade secret information and, by submitting such information, you are granting Beard Mountain LLC an irrevocable and unrestricted license to use, modify, reproduce, transmit, display and distribute such information for any purpose whatsoever. Unless required by law, Beard Mountain LLC will not use your full name in connection with any such information, materials, suggestions, ideas or comments without your prior written consent.

No Waiver

The failure of Beard Mountain LLC to insist upon strict adherence to any term of these Terms and Conditions shall not constitute a waiver of such term. Further, it shall not impact Beard Mountain LLC’s ability to enforce any other provision in these Terms and Conditions. You agree that regardless of any statute or law to the contrary, any claim of cause of action arising from or relating to use of the Sites or these Terms and Conditions must be filed within one (1) year after such claim or cause of action arose, or will be forever barred.

Severability

If any provision of these Terms and Conditions shall be deemed unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions shall not be affected.

Effective Date: 2/10/2014