Terms And Conditions
a) Use of this Site. The use of this web site ("Site") is governed by the policies, terms and conditions set forth below. Please read them carefully. Your use of this Site indicates your acceptance of these terms and conditions. Your placement of an order indicates your acceptance of these terms and conditions. BE UTMOST may from time to time revise these terms and conditions by updating this posting. You should therefore periodically visit this page to review the current terms and conditions of this site so you are aware of any such revisions to which you are bound. This Site is owned and operated by BE UTMOST. The materials contained in the Site are provided by BE UTMOST for informational purposes only. If you do not agree to the terms and conditions set forth in this legal notice, you should not use this Site.
b) Copyright and Trademark Notice. This site is owned and operated by BE UTMOST. Unless otherwise specified, all materials appearing on this site, including the text, site design, logos, graphics, icons, and images, as well as the selection, assembly and arrangement thereof, are the sole property of BE UTMOST, Copyright ©2020, ALL RIGHTS RESERVED. You may use the content of this site only for the purpose of visiting this site or placing an order/donating on this site and for no other purpose. No materials from this site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without BE UTMOST prior written permission. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
c) Third Party Companies and Products. Mention of third party, companies, and Web sites on this Site is for informational purposes only and constitutes neither an endorsement nor a recommendation. BE UTMOST provides this information only as a convenience to users and BE UTMOST makes no representation whatsoever regarding the content of any other Web sites. When you access a non-BE UTMOST site, please understand that it is independent from BE UTMOST and that BE UTMOST has no control over the contents on that Web site. A link out to a non- BE UTMOST Web site does not mean that BE UTMOST endorses or accepts any responsibility for the content or use of such Web Site.
d) Feedback and Information. Any feedback or testimonials you provide at this Site shall be deemed to be non-confidential. BE UTMOST and its affiliates shall be free to use such information for any purpose on an unrestricted basis.
e) Disclaimer and Limitation of Liability as to Products Sold. All of BE UTMOST products are guaranteed against defects at the time of shipment. Goods damaged during shipment may be replaced if BE UTMOST is notified within ten (10) days of delivery confirmation. Except as expressly stated herein, BE UTMOST makes no representations or warranties, either express or implied, of any kind with respect to products sold on the BE UTMOST site. Except as expressly stated herein, BE UTMOST expressly disclaims all warranties, express or implied, of any kind with respect to products sold on this site, including but not limited to, merchantability and fitness for a particular purpose. You agree that the sole and exclusive maximum liability to BE UTMOST arising from any product sold on the BE UTMOST site shall be the price of the product ordered. In no event shall BE UTMOST, its directors, officers, employees or other representatives be liable for special, indirect, consequential, or punitive damages related to product sold.
f) Limitations of Liability. BE UTMOST shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials and information in this Site, even if BE UTMOST or a BE UTMOST authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, in which case the above limitation or exclusion will not apply to you. In no event shall BE UTMOST's total liability to you for all damages, losses, and causes of action (whether in contract, tort (including but not limited to negligence or otherwise) exceed the amount paid by you, if any for accessing this Site.
g) Product Descriptions. BE UTMOST attempts to be as accurate as possible. However, BE UTMOST does not warrant that product descriptions or other content of this Site is accurate, complete, reliable, current or error-free. If a product offered by BE UTMOST is not as described; your sole remedy is to return it.
h) Jurisdiction and Venue. You agree that any legal action brought against BE UTMOST shall be governed by the laws of the State of California without regard to its conflict of law principles. You agree that the sole jurisdiction and venue for any litigation arising from your use of or orders made on the BE UTMOST sites shall be an appropriate federal or state court located in San Diego County, California.