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Beecon Learning Terms of Purchase

The following terms and conditions (“Terms of Purchase”) apply to orders that you place for the purchase of products and services from Beecon Learning (“Beecon Learning,” “we,” “us,” and “our”).  As used in these Terms of Purchase, the terms “you” and “your” refer to any party that purchases products or services from Beecon Learning.

1.  Orders.  Your receipt of an order confirmation does not constitute the acceptance of your order.  Beecon Learning may refuse or cancel an order for any reason, including but not limited to inaccuracies or errors in order, product, or pricing information.  Beecon Learning reserves the right to use its sole discretion in refusing to print anything Beecon Learning deems infringing upon trade dress, copyright, patent, and trademark laws, and various other intellectual property rights (individually and collectively, “IP Rights”), illegal, libelous, scandalous, or improper.  We may require additional verification or information before accepting your order.

2.  Shipping and Delivery.  Prices do not include shipping and handling fees unless specified.  If you choose to download a product, these shipping and delivery terms will not apply to you. We can ship products anywhere in the United States using the shipping method of your choice. When you place an order we will estimate delivery dates based upon the availability of your item(s), shipping method selected and your shipment destination. Our shipping charges are determined by the total dollar amount of your order, excluding applicable sales tax. Some products cannot be shipped to international destinations so please submit a message to us from the Contact Us page if you would like to discuss international ordering options. Risk of loss or damage to products in transit is yours and passes to you upon delivery of the product to the carrier for shipment.  You are responsible for filing a claim with the carrier if your product is damaged or lost in transit.

3.  Taxes.  You are solely responsible for any applicable state, local, or similar taxes (except for taxes based on Beecon Learning’s income or profits) that result from your purchase of products and services from Beecon Learning.  We may automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within the State of Texas and any other states or localities that it deems are required.

4.  Liability

(a)  Disclaimer of Warranties:  Beecon Learning warrants that the products and services are as described in the accepted order.  You understand that all sketches, copies, dummies, and preparatory work shown to you are intended only to illustrate the general type and quality of the product. They are not intended to represent the actual work performed or products or services to be provided.  EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THESE TERMS OF PURCHASE AND TO THE EXTENT PERMITTED BY LAW, ALL PRODUCTS AND SERVICES ARE PROVIDED “AS-IS,” AND BEECON LEARNING AND ITS SUPPLIERS AND CO-BRANDED PARTNERS EXPRESSLY DISCLAIM ALL WARRANTIES OR CONDITIONS OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY), INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. 

(b)   Limitation of Liability:  TO THE MAXIMUM EXTENT PERMITTED BY LAW, BEECON LEARNING AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDED PARTNERS, AND LICENSORS (A) ARE NOT LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER ARISING (INCLUDING NEGLIGENCE), AND (B) WILL IN NO EVENT BE LIABLE TO YOU FOR ANY CLAIMS ARISING FROM OR RELATING TO YOUR USE OF THE PRODUCTS AND SERVICES IN AN AMOUNT THAT EXCEEDS THE LESSER OF (I) U.S. $ 100.00 OR (II) THE AMOUNT INVOICED FOR THE PRODUCT OR SERVICE IN DISPUTE.

5.  Indemnification.  You agreeto indemnify, defend, and hold Beecon Learning and its subsidiaries, affiliates, officers, employees, agents, and co-branded partners harmless from any claims, damages, expenses (including reasonable attorneys’ fees), allegations, losses, and liabilities arising from or relating to (a) your purchase or use of the products and services and (b) a claim that any content, materials, or information that you designate for inclusion in a product violates IP Rights.  This will apply regardless of responsibility for negligence.

 

6. Representations and Warranties.  You represent and warrant that (a) you are purchasing for your own internal use only and not for export or resale; (b) your purchase does not violate any laws, rules, regulations, or agreements to which you are a party; (c) any content, information, and materials that you designate for inclusion in a product does not violate IP Rights; (d) such material does not contain anything that is libelous or scandalous, or anything that threatens anyone’s right to privacy or other personal or economic rights; and (e) no copyright notice has been removed impermissibly from any material designated for inclusion in a product.  You also acknowledge that because subject matter does not have to bear a copyright notice in order to be protected by copyright law, absence of such notice does not necessarily assure a right to reproduce the subject matter.

7.  Returns and Refunds

Beecon Learning is committed to customer satisfaction.  We will exchange any unused product within 30 days of product delivery that fails to meet our customers’ specifications . However, we cannot take responsibility for products damaged during shipping. A 15% restocking fee may apply. 

Beecon Learning hopes that you will be satisfied with the quality of our products.  If you are not satisfied with any product, please contact Customer Support within 30 days of receiving your order:

By Email:  support@beeconlearning.com
By Phone:  877-923-3266

8.  Miscellaneous.  All matters relating to these Terms of Purchase are governed in all respects by the laws of the State of Texas, without reference to conflicts of law principles.  If any portion of these Terms of Purchase is deemed unenforceable, that portion will be enforced to the maximum extent possible so as to effectuate the intent of the parties as reflected by that provision, and the remaining portions of these Terms of Purchase will be given full effect.  Beecon Learning’s failure to act in a particular circumstance, including any failure by Beecon Learning to enforce or exercise any provision of these Terms of Purchase, does not waive the ability to act with respect to that circumstance or similar circumstances in the future.  Beecon Learning will be excused for any failure to perform to the extent that its performance is prevented by any reason outside of its reasonable control.  No agency, partnership, joint venture, employment or franchise relationship is intended or created by these Terms of Purchase.  These Terms of Purchase have no third-party beneficiaries and are not intended to confer any rights or benefits on any third party, including any of your employees or customers.

 
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