ANDREA BETHKE AND ANDREABETHKE.COM TERMS Of USE

These Terms of Use were last updated April 20, 2017

Ownership of site; agreement to terms of use

THIS WEBSITE (“SITE”) AND RELATED SERVICES ARE PROVIDED SUBJECT TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH BELOW. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

ANDREA BETHKE reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, ANDREA BETHKE grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

ANDREA BETHKE reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Warranty disclaimer

THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND HYPERLINKED WEBSITES.

ANDREA BETHKE IS NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT, OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY HYPERLINKED WEBSITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR HYPERLINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.

Although ANDREA BETHKE attempts to ensure the integrity and accurateness of the Site, it makes no guarantees whatsoever as to the correctness or accuracy of the Site. It is possible that the Site could include inaccuracies or errors, and that unauthorized additions, deletions, and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform ANDREA BETKE so that it can be corrected. Information contained on the Site may be changed or updated without notice. In the event of inaccurate price or description of a product, ANDREA BETHKE will contact the customer with accurate information and/or price difference if the product has been purchased.

CONTent

All text, graphics, user interfaces, visual interfaces, photographs, videos, trademarks, logos, sounds, music, artwork, and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel,” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to ANDREA BETHKE with all rights reserved, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. All other trademarks, service marks and logos used in this Site are the trademarks, service marks or logos of their respective owners

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way (including “mirroring”) to any other computer, server, Website or other medium, for publication or distribution or for any commercial enterprise, without ANDREA BETHKE's express prior written consent.

confidential and proprietary information

ANDREA BETHKE does not seek or want to receive confidential or proprietary information from you through the Site. Please note that any information or material sent to ANDREA BETHKE through the Site will be deemed NOT to be confidential. By sending ANDREA BETHKE any information or material, you grant ANDREA BETHKE an unrestricted, irrevocable, world-wide, royalty free license to use, reproduce, display, perform, modify, transmit, and distribute those materials or information, and you also agree that ANDREA BETHKE is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose.

YOUR use of the site

You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. ANDREA BETHKE reserves the right to bar any such activity.

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any ANDREA BETHKE server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of ANDREA BETHKE.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or ANDREA BETHKE systems or networks, or any systems or networks connected to the Site or to ANDREA BETHKE.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to ANDREA BETHKE on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of ANDREA BETHKE or others.

You may not use this Site for any abusive or illegal purpose. You may not harm others in any way. You may not use the Site to perform any form of bullying, threatening, cyberstalking, intimidation, or any other type of harassment. ANDREA BETHKE reserves the right to contact appropriate legal authorities in the event that you are suspected to have performed such actions.

You may not post content that contains pornography, excessive violence, or is otherwise offensive, vulgar, explicit, or obscene. ANDREA BETHKE reserves the right to contact appropriate legal authorities in the event that you are suspected to have violated the terms of this section.

ANDREA BETHKE does not assume responsibility for the accuracy, completeness, safety, innocuousness, slanderous nature of, legality or applicability of anything posted, displayed, linked, uploaded, recorded, broadcast or otherwise made available by any user.

links to other sites and to the Andrea bethke site

This Site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under ANDREA BETHKE’s control, and ANDREA BETHKE is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites. In addition, a hyperlink to a non-ANDREA BETHKE Website does not mean that ANDREA BETHKE endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature.

purchases; other terms and conditions

Please refer to the Terms and Conditions of Purchase prior to making any purchase from the website. Additional terms and conditions may apply to purchases of goods or services, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.

ANDREA BETHKE’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.

ANDREA BETHKE may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, including any applicable shipping and handling, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and ANDREA BETHKE makes no commitment to update the materials on the Site with respect to such products and services.

Sharing of digital files prohibited

Sharing or reselling items or files purchased in the digital shop, as well as any other digital proprietary information that is the property of ANDREA BETHKE, is strictly prohibited. All files purchased from ANDREA BETHKE are for personal use only.

privacy

By using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

limitation of liability

Except where prohibited by law, in no event will ANDREA BETKE be liable to you for any indirect, consequential, exemplary, incidental, or punitive damages, including lost profits, even if ANDREA BETHKE has been advised of the possibility of such damages.

If, notwithstanding the other provisions of these Terms of Use, ANDREA BETHKE is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, ANDREA BETHKE’s liability shall in no event exceed the total value of all orders placed and paid for with ANDREA BETHKE through the website. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

indemnity

You agree to indemnify and hold ANDREA BETHKE, its officers, directors, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims, or expenses (including attorneys’ fees), made against ANDREA BETHKE by any third party due to or arising out of or in connection with your use of the Site.

violation of these terms of use

ANDREA BETHKE may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) ANDREA BETHKE’s rights or property, or the rights or property of visitors to or users of the Site, including ANDREA BETHKE’s customers. ANDREA BETHKE reserves the right at all times to disclose any information that ANDREA BETHKE deems necessary to comply with any applicable law, regulation, legal process or governmental request. ANDREA BETHKE also may disclose your information when ANDREA BETHKE determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that ANDREA BETHKE may preserve any transmittal or communication by you with ANDREA BETHKE through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or ANDREA BETHKE determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of ANDREA BETHKE, its employees, users of or visitors to the Site, and the public.

You agree that ANDREA BETHKE may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site at any time, for any reason or no reason. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to ANDREA BETHKE, for which monetary damages would be inadequate, and you consent to ANDREA BETHKE obtaining any injunctive or equitable relief that ANDREA BETHKE deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies ANDREA BETHKE may have at law or in equity.

If ANDREA BETHKE does take any legal action against you as a result of your violation of these Terms of Use, ANDREA BETHKE will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to ANDREA BETHKE. You agree that ANDREA BETHKE will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

governing law

These Terms of Use are entered into in the State of California and shall be governed by and construed in accordance with the laws of the State of California, exclusive of its choice of law rules. Each party to these Terms of Use submits to the exclusive jurisdiction of the state and federal courts sitting in the County of Riverside in the State of California, and waives any jurisdictional, venue, or inconvenience forum objections to such courts. In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, those provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect.

void where prohibited

Although access to this Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. ANDREA BETHKE reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

no unlawful or prohibited purpose

As a condition of your use of this Site, you warrant to ANDREA BETHKE that you will not use the Site for any purpose that is unlawful or prohibited by these Terms of Use.

ENTIRE agreement

These Terms of Use constitute the entire agreement between ANDREA BETHKE and you pertaining to the subject matter of this Agreement. In its sole discretion, ANDREA BETHKE may modify these Terms and Conditions by posting the revised version on this Site and you agree that each visit by you to this Site is a new transaction governed by the terms of use linked on this Site at that time.