TERMS & CONDITIONS
This document outlines the Terms and Conditions (the “Terms and Conditions”) under which You, the user (You) may access the content and functionality of the website accessible at www.ShowTheSupport.com (the “Website”).
You must be at least 18 years old of age or older to visit and use the Website. If You are not at least 18 years old, You must be at least 13 years old and have a parent’s or legal guardian’s permission to visit and use the Website.
You also represent to BE Technology that You will not use the Website in a manner inconsistent with applicable laws and regulations in Your jurisdiction.
C. Jurisdiction and Disputes
Mediation. Without limiting the right of a party to terminate these Terms and Conditions or seek injunctive relief as set forth elsewhere in these Terms and Conditions, the parties shall first attempt to resolve all disputes arising out of or relating to these Terms and Conditions by non-binding mediation in accordance with the provisions of these Terms and Conditions. Either party may commence non-binding mediation upon providing the other party written notice (“Notice of Dispute”). All other disputes, breaches or claims arising under or relating to these Terms and Conditions and any disputes which are not successfully resolved by non-binding mediation shall be resolved by arbitration pursuant to these Terms and Conditions.
A dispute shall first be subject to a non-binding mediation session of up to two consecutive days conducted in A Sioux Falls, South Dakota by a single, disinterested mediator appointed by any successor entity. Unless otherwise agreed by the parties, the mediation shall commence within fifteen (15) business days of the effective date of the Notice of Dispute or at such other time as is mutually agreed by the parties. Each party shall have the option to present a written summary of its position, not to exceed ten pages, and to make an opening statement of its position to the mediator of not more than one hour in duration. Nothing that is said by either party during the mediation shall be admissible or discoverable in a subsequent arbitration proceeding or other civil adjudication relating to the dispute. The parties shall share the costs of mediation equally.
Arbitration. Without limiting the right of a party to terminate these Terms and Conditions or seek injunctive relief as set forth hereunder, any controversy or claim arising out of or relating to these Terms and Conditions or the breach thereof which is not settled by the parties pursuant to the dispute resolution process described in these Terms and Conditions shall be settled by arbitration to be conducted in Sioux Falls, South Dakota.
Such arbitration shall be conducted by a single disinterested arbitrator as mutually agreed by the parties in their reasonable discretion, who shall be knowledgeable in computer law and technology, in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association. Judgment on the award entered by the arbitrator shall be binding upon both parties and may be entered in any court having jurisdiction thereof. In the event that this provision is found to be unenforceable under applicable law by a court or other tribunal with proper jurisdiction, the parties agree that all actions under these Terms and Conditions shall be maintained in the courts located in Sioux Falls, South Dakota, and the parties submit to the jurisdiction thereof.
D. Governing Law; Jurisdiction.
The Website (excluding any non-third party linked sites) is controlled by us from our offices within the United States of America. You agree that the statutes and laws of the State of South Dakota, without regard to the conflicts of laws principles thereof, will apply to all matters relating to the use of the Website and the purchase of products and services available through The Website, but that the United Nations Convention on the International Sales of Goods will not apply. Subject to the dispute resolution provisions provided in this Section, each of us agrees and hereby submits to the exclusive personal jurisdiction and venue of any federal or state court sitting in the County of Minnehaha in the State of South Dakota with respect to any matters arising from these Terms and Conditions.
EACH PARTY EXPRESSLY WAIVES ANY OBJECTION IT MAY HAVE NOW OR HEREAFTER TO THE LAYING OF THE VENUE OR TO THE JURISDICTION OF ANY SUCH PROCEEDING. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE WEBSITE OR OTHERWISE ARISING PURSUANT TO THESE TERMS AND CONDITIONS BROUGHT BY YOU MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
E. User’s Restrictions
You may not use the Website in order to transmit, post, distribute, store or destroy material, including without limitation, any type of material that:
Violates any applicable law or regulation; infringes in any manner the copyright, trademark, trade secret or other intellectual property rights of others or violates the privacy, publicity or other personal rights of others; is defamatory, obscene, threatening, abusive or hateful.
Website Security Rules. You are also prohibited from violating or attempting to violate the security of the Website, including without limitation, the following activities:
You are prohibited from violating or attempting to violate the security of the Website, including, without limitation: (a) accessing or attempting to access data not intended for Your use or logging into an account that You are not authorized to access; (b) attempting to probe, scan or test the vulnerability of the Website or its network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Website; overloading, "flooding", "spamming", "mail bombing" or "crashing"; (d) forging any TCP/IP packet header or any part of the header information in any e-mail or other posting to the Website. Violations of the Website’s system or network security may result in civil or criminal liability. BE Technology may investigate occurrences that it believes involve such violations and involve and cooperate with law enforcement authorities in prosecuting users of the Website who are involved in such violations.
F. Specific Authorized and Prohibited Uses
You are solely responsible for Your account information, profile, content and other information that You submit, post, upload, share or store on the Website (“Content”). You agree that in submitting Content or otherwise using the Website that You will not impersonate any person, or submit any materials or Content to the Website that are false, inaccurate, misleading, unlawful, or are otherwise in violation of Your obligations under these Terms and Conditions. You also hereby represent that the information and Content You submit, post, upload, share, or store is true and correct and that any representations made by You are true and correct. BE Technology reserves the right to expel users and prevent their further access to the Website for violating the Terms and Conditions or applicable laws, rules or regulations. BE Technology specifically prohibits any other use of the Website, and all users agree not to do any of the following:
Notwithstanding anything to the contrary contained herein, use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Website; decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Website;
copy or duplicate in any manner any of the Website material without the express prior written consent from BE Technology (except for Your own personal non-commercial use to assist You in using the Website in accordance with these Terms and Conditions, in which case BE Technology grants You, and You hereby accept, a limited, non-exclusive, revocable, royalty free license to aggregate, copy, or duplicate the Website material for such limited stated purpose);
frame or link to any information available from the Website;
circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Website material or enforce limitations on use of the Website or the material therein.
You agree not to alter or modify (or attempt to alter or modify) any part of the Website and not distribute in any medium any part of the Website material without BE Technology's prior written authorization.
If You believe that any material and Content posted on the Website or accessible through the Website violates these Terms and Conditions, please contact our designated agent set forth in Section R below.
If notified by a user of any materials and Content which allegedly do not conform to these Terms and Conditions, BE Technology may in its sole discretion investigate the allegation and determine whether to take any other actions whether to remove or request the removal of the material. BE Technology has no liability or responsibility to the users for performance or nonperformance of such activities.
BE Technology reserves the right to discontinue any part of the Website at any time.
The trademarks, service marks, logos, content, and material provided by BE Technology ("BE Technology Property") on the Website, are owned by or licensed to BE Technology, subject to copyright and other intellectual property rights under the law. By using or accessing the Website, You acknowledge BE Technology 's rights in and to the BE Technology Property and You agree not to challenge or contest such rights and not to remove, deface, copy, or modify the BE Technology Property. Your use of BE Technology Property is subject to the terms of these Terms and Conditions.
You provide and BE Technology accepts a limited, non-exclusive, world-wide, royalty free license to use the Content to provide You access to and use of the Website and to purchase products available on the Website.
You acknowledge that BE Technology has exclusive proprietary rights in the Website the Content, and any information received by You through the Website is not Your Content. The Website and Service are protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights laws of the United States.
BE Technology retains the right to display product names, logos and trademarks of its business associates, partners, clients and vendors on its website(s) and other promotional material. All product names, logos and trademarks are property of their respective owners. This display of brand properties is for identification purposes only and does not imply specific cooperation, representation and/or endorsement. It does not intend to infringe upon any patent, trademark, copyright, license or any other proprietary right of any party.
As a user of BE Technology products and services, You agree that BE Technology may identify You as a recipient of products and services, and use Your brand name and logo in sales presentations, marketing materials, press releases, tradeshows and website listings of clients. BE Technology may also develop a brief client profile for promotional purposes. Should any trademark attribution be missing, mistaken or erroneous, please contact us as soon as possible for rectification at Sales@ShowTheSupport.com
Neither we or our affiliates warrant or represent that Your use of materials displayed on, or obtained through, the Website or Service will not infringe the rights of third parties. Contact Sales@ShowTheSupport.com in the event that any party believes that content posted on the Website infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.
Nothing in these Terms and Conditions grants You any right to use any trademark, service mark, logo, and/or the name of BE Technology or its affiliates or licensors.
H. Agent to Receive Intellectual Property Infringement Claims
If You believe that Your copyrighted work or trademark has been uploaded, posted, stored, or copied to the Website and is accessible in a way that constitutes an act of copyright or trademark infringement, please contact our agent at Sales@ShowTheSupport.com.
I. Returns, Refunds, Title & Risk of Loss
All items purchased from BE Technology 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.
No refunds available. All sales are final. A refund may be issued without requiring a return, solely at our discretion.
J. Product Descriptions
BE Technology attempts to be as accurate as possible. However, BE Technology does not warrant that product descriptions or other content or Website material is accurate, complete, reliable, current, or error-free. If a product offered by BE Technology itself is not as described, Your sole remedy is to return it in unused condition and our entire liability is to refund the price You paid for the returned item.
K. Funds Designated for Scholarships
YOU ACKNOWLEDGE THAT BE TECHNOLOGY IS NOT A PROFESSIONAL FUNDRAISER AND DOES NOT PARTICIPATE IN ANY FUNDRAISING ACTIVITIES OR PROVIDE ANY FUNDRAISING SERVICES. BE TECHNOLOGY MERELY PROVIDES A WEB FORUM AND WEB TOOLS FOR DONATIONS TO BE MADE ON BEHALF OF NON-PROFIT ORGANIZATIONS, WITH THOSE ORGANIZATIONS’ WRITTEN APPROVAL.
All purchases and donations will be processed through [PayPal]. All purchases and donations processed through [PayPal] will be governed by PayPal’s applicable terms and conditions of use. BE Technology reserves the right to change its transaction processor at any time.
Subject to this paragraph, all donations, and a percentage of the net profit for all purchases of products (collectively, “Scholarship Designated Funds”) will be provided to a non-profit organization granted tax-exempt status under the Internal Revenue Code in order to provide scholarships to underprivileged youth interested in pursuing a higher education in their respective fields of study. PayPal charges a transaction fee on all transactions processed through its service. Accordingly, all purchases and donations are subject to that transaction fee. In addition, BE Technology charges a [__%] administrative fee on each donation. The current recipient of Scholarship Designated Funds is Franklin Wright Settlements Inc. The scholarship application process is expected to become available in the summer of 2021.
Limitation of Liability & Damages
BE Technology cannot guarantee and does not promise any specific results from use of the Website. No advice or information, whether oral or written, obtained by a user from the Website shall create any warranty not expressly stated herein. EXCEPT WITH RESPECT TO ANY CLAIMS BY EITHER PARTY FOR INFRINGEMENT OF THE PARTY’S INTELLECTUAL PROPERTY RIGHTS, NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF REVENUE OR PROFITS (EXCLUDING FEES UNDER THESE TERMS AND CONDITIONS). BE TECHNOLOGY’S MAXIMUM LIABILITY FOR ANY DAMAGES (OTHER THAN AS SPECIFIED ABOVE) ARISING OUT OF OR RELATED TO USE OF THE WEBSITE OR ANY PRODUCT PURCHASED FROM BE TECHNOLOGY, OR YOUR ORDER, WHETHER IN CONTRACT OR TORT, OR OTHERWISE, SHALL IN NO EVENT EXCEED, IN THE AGGREGATE, THE TOTAL AMOUNTS ACTUALLY PAID TO BE TECHNOLOGY FOR THE PRODUCTS UNDER THE ORDER THAT IS THE SUBJECT OF THE CLAIM. ANY DAMAGE IN YOUR FAVOR AGAINST BE TECHNOLOGY SHALL BE REDUCED BY ANY REFUND OR CREDIT RECEIVED BY YOU (OR THE THIRD PARTY WHO MADE SUCH PAYMENTS ON YOUR BEHALF) UNDER THE ORDER AND ANY SUCH REFUND AND CREDIT SHALL APPLY TOWARDS THE LIMITATION OF LIABILITY.
L. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, BE TECHNOLOGY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON INFRINGEMENT, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. THE WEBSITE AND THE WEBSITE MATERIAL ARE PROVIDED BY BE TECHNOLOGY ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. BE TECHNOLOGY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE MATERIAL OR THE CONTENT OF ANY SITES LINKED TO THE WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF MATERIAL ON THE WEBSITE, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY WEBSITE MATERIAL. BE TECHNOLOGY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY WEBSITE HYPERLINKED OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND BE TECHNOLOGY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS
You agree to defend, indemnify and hold harmless BE Technology, its affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) Your use of and access to the Website; (ii) Your violation of any term of the Terms and Conditions; or (iii) Your violation of any third party right, including without limitation any copyright, property, or privacy license or right. This defense and indemnification obligation will survive the expiration or termination of these Terms and Conditions, and Your use of the Website.
These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by BE Technology without restriction.
O. Designated Agent
All notices and communications with respect to the Terms and Conditions are to be directed in writing by e-mail to Sales@ShowTheSupport.com
P. Reusable Face-Masks:
Wash and dry before Your first use. Wash routinely based on the frequency of use. Care instructions: Hand wash or machine wash cold, gentle cycle. Do not bleach. Lay flat to air dry. Do not iron. The reusable mask is not medical grade or a direct substitute for N95, surgical, or procedural masks and should NOT be used as a replacement for conventional and approved Personal Protective Equipment. Mask is not FDA or CDC approved and is for personal use only. The use of this face covering is not a guarantee against infection or the transmission of viruses or diseases. The mask should be used in addition to practicing the recommended CDC guidelines for hand washing and social distancing. Face masks should not be placed on children under 12 years old. Decoration may fade overtime with washing.
While we work to ensure that product information is correct, on occasion manufacturers may alter their ingredient lists. Actual product packaging and materials may contain more and/or different information than that shown on our Web site. We recommend that You do not solely rely on the information presented and that You always read labels, warnings, and directions before using or consuming a product. For additional information about a product, please contact the manufacturer. Content on this site is for reference purposes and is not intended to substitute for advice given by a physician, pharmacist, or other licensed health-care professional. You should not use this information as self-diagnosis or for treating a health problem or disease. Contact Your health-care provider immediately if You suspect that You have a medical problem.
R. No Waiver
If any portion of these Terms and Conditions is found by a court of competent jurisdiction to be invalid or unenforceable, such portion will be modified to reflect the parties' intent set forth in such portion and only to the extent necessary to make it enforceable. The remaining provisions of these Terms and Conditions will remain in full force and effect.
T. International Considerations
BE Technology makes no representations that the Website, applications, or Service are appropriate or available for use in locations other than the United States. Those who access or use the Website or use the Service from outside the U.S. do so at their own risk and are responsible for compliance with applicable laws.
U. Force Majeure
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, 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 reasonable control of such party whose performance is delayed.
V. Information Obligations
If You use this Website on behalf of an organization, in consideration of use of the Website, You agree to provide true, accurate, current and complete information about Your business as prompted in various forms, and in any case, You agree to maintain and promptly update Your account information to keep it true, accurate, current, complete. If You provide any information that is untrue, inaccurate, not current or incomplete, or BE Technology has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, BE Technology has the right to suspend or terminate Your account and refuse any and all current or future use of the Website or Service (or any portion thereof). All pricing terms are confidential, and You agree not to disclose them to any third party.
If You elect to send us a counter notice, to be effective it must be a written communication provided to our designated agent that includes substantially the following (please consult Your legal counsel or see 17 U.S.C. Section 512(g)(3) to confirm these requirements): A physical or electronic signature of the user. 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 under penalty of perjury that the user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled. The user’s name, address, and telephone number, and a statement that the user consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the user’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the user will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
Such written notice should be sent to our designated agent as follows:
By e mail: Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or mis-identification may be subject to liability. Only the intellectual property rights owner may report potentially infringing items through BE Technology’s reporting system set forth above. If You are not the intellectual property rights owner, You should contact the intellectual property rights owner and they can choose whether to use the procedures set forth in these Terms.
W. Entire Agreement
These Terms and Conditions constitute the entire agreement and understanding between us concerning the subject matter of these Terms and Conditions and supersede all prior agreements and understandings of the parties with respect to that subject matter. You may not alter, supplement, or amend these Terms and Conditions by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by BE Technology. To the extent that anything in or associated with the Website or the Website is in conflict or inconsistent with these Terms and Conditions, these Terms and Conditions shall take precedence.