Terms of service
YOU MUST BE 18 OR OLDER TO ACCESS OR UTILIZE THE SITE.
- Introduction
These Terms and Conditions (the “Terms”), together with our Privacy Policy, represent the legally binding agreement between you (“you” or “your”) and Bestie Defense, LLC, a Delaware limited liability company (“Bestie Defense,” “we,” “our”) with respect to your use of the website https://bestie-defense.com/a/pre-launch (the “Website”) and purchase of BD Products (as defined below) from the Website.
We may update these Terms from time to time. Please check the Terms each time you access or use the Website. If we make material changes to the Terms, we will post the revised Terms on the Website noting the revised effective date. Your continued access to or use of the Website after the effective date constitutes your acceptance of the new Terms. Your Personal Information (as that term is defined in our Privacy Policy) will be used and protected in accordance with our Privacy Policy.
- Scope of Terms, License Grant, Termination
These Terms govern your use and access of the Website, your interaction with information and materials on the Website (the “Content”), and your purchase of Bestie Defense products (“BD Products”) from the Website. By engaging in these actions, you acknowledge and agree that you (i) have read, understand, and agree to be bound by the Terms in their entirety; (ii) consent to the use of electronic signatures, contracts, orders, and the electronic delivery of notices, policies, and records of transactions initiated or completed through the Website or through any other interactions with Bestie Defense; and (iii) waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require (A) an original signature, (B) delivery or retention of non-electronic records, or (C) payments or the granting of credits in ways other than through electronic means; and (iii) represent and warrant that your use of the Website and/or purchase of BD Products from the Website are done or made in a manner consistent with the Terms and applicable laws. You understand that we are relying on your acknowledgement in agreeing to allow you to access the Website and/or purchase BD Products from the Website.
Bestie Defense grants you a non-exclusive, non-transferable revocable and limited license for use of the Website and Content in a manner consistent with these Terms and authorizes you to use the Website and Content to interact with us and purchase BD Products on the Website on the condition that you accept and agree to the Terms. If you do not agree with the entirety of the Terms, you are not granted permission to and may not access or use the Website or Content or to purchase BD Products, and you are hereby instructed to exit the Website immediately.
BESTIE DEFENSE RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO RESTRICT, SUSPEND, CANCEL, OR MODIFY YOUR ACCOUNT AT ANY TIME, WITH OR WITHOUT CAUSE, WITHOUT LIABILITY OR PRIOR NOTICE FOR ANY REASON. YOU FURTHER ACKNOWLEDGE AND AGREE THAT BESTIE DEFENSE MAY TERMINATE THE LICENSE AT ANY TIME FOR ANY REASON OR NO REASON.
Upon the expiration, termination, restriction, or suspension of your account, or your use of the Website: (a) All licenses and rights granted to you in connection with the Terms shall immediately cease and terminate; (b) You shall return or destroy all Bestie Defense confidential or proprietary information in your possession or control; and (c) You shall remit payment on any and all amounts then due and owing to Bestie Defense within five (5) days of any such expiration or termination.
- Legal Age Requirement
The Website and its services are available only to individuals that are at least eighteen (18) years of age and that can enter into legally binding contracts under applicable law. If you are under eighteen (18) years of age or do not agree to the Terms in their entirety, do not access, view, download or otherwise use any page on the Website or any Content, or purchase any BD Products from the Website.
- Restrictions on Use of Website and Content
As a condition to access the Website and without limiting the generality of the foregoing, you agree that, unless otherwise expressly authorized by these Terms or in writing by Bestie Defense, you will not:
- Use the Website: (i) in violation of any applicable foreign or domestic laws, statutes, rules, regulations or judicial decrees; (ii) in a manner that does or is intended to cause emotional or physical harm to any person except as expressly permitted by appliable law; (iii) to infringe upon the legal or proprietary rights of any third parties (including, but not limited to, property, copyright, patent, trademark, trade secret, and proprietary rights, publicity rights and/or privacy rights); or (vi) secure, post, publish, or transmit content or information that: (A) is defamatory; (B) is obscene, pornographic, or offensive; (C) invades another's privacy; (D) is false or misleading; (E) infringes another's rights, including any intellectual property rights; (F) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil or criminal liability; (G) accesses, tampers with, or otherwise uses non-public areas of the Website; (H) use in connection with sending unsolicited email, junk mail, “spam” or chain letters, promotions or advertisements for BD Products or altered, deceptive or false source-identifying information; and/or (I) impersonates or misrepresents your affiliation with any person or entity.
- Directly or indirectly download, reproduce, create, compile, or incorporate any part of the Website;
- Use, copy, reproduce, record, retransmit, clone, sell, resell, lease, decompile, disassemble, reverse engineer, broadcast, distribute, publish, upload, publicly display, perform, compile, or translate any part of the Website for any impermissible purpose;
- Access the Website through an automated or manual process for the purpose of mass marketing, spam, direct mail, or monitoring the Website’s performance, functionality, vulnerability, or availability for any commercial purpose or with tampering or destructive intent;
- Access, retrieve data from, or otherwise perform any activities on or through the Website using any type of software or other automated process (e.g., scripts, robots, scrapers, crawlers, or spiders);
- Create “derivative works” of the Website;
- Use any device, software, or routine to interfere or attempt to interfere with the proper working of the Website or the access of any user, host, network, or platform (including, without limitation, sending a virus, spamming, overloading, or mail-bombing the Website), or to bypass, disable, or block any portion of the Website or any Bestie Defense server or computer system or breach any security or authentication measures associated therewith;
- Take any action that, as determined in Bestie Defense’s sole discretion, imposes an unreasonable or disproportionately large load on the Website’s infrastructure;
- Forge any instructions or otherwise disguise the name or location of your computer or IP address, such as via a Virtual Private Network, in order to disguise the origin of any orders or communication you transmit to or through the Website;
- Simulate the appearance or function of the Website on another website;
- Access the Website from or seek information on persons or properties outside the United States.
We reserve the unqualified right to view, monitor, and record activity on the Website as needed, without any notice to or permission from you. We will comply with all legally binding requests for such information including, without limitation, the provision of information pursuant to a court order or subpoena.
We make no representations that the Website is appropriate or available for use in any particular location. To the extent you choose to access the Website, you do so at your own initiative and are responsible for compliance with any applicable laws, including, but not limited to, applicable local laws. We reserve the right to change, suspend, remove, or disable access to the Website at any time without notice. In no event will we be liable for suspending or disabling your access to the Website, whether temporary or permanent. We may also impose limits on the use of or access to the Website, or portions thereof, in any case, for any reason, and without notice or liability.
- Incorporation of Privacy Policy
The Bestie Defense Privacy Policy (“Privacy Policy”) is part of these Terms and is incorporated herein by reference. By accepting these Terms, you hereby acknowledge, understand, and agree to the collection and use of certain of your personally identifiable information by the Website as described in the Privacy Policy [ADD LINK].
- Purchase of Products
We do not knowingly sell BD Products to persons under 18 under any circumstances. Some localities may regulate the purchase, possession, and use of BD Products by persons under 21. It is your responsibility to check applicable local laws before purchasing BD Products from the Website.
We will not knowingly sell BD Products to residents of states that prohibit the online sale or delivery of BD Products to residents of those states. We reserve the right to cancel any orders, refuse to fill any orders, or cancel the account of any person that we believe is attempting to circumvent applicable laws regarding the sale or delivery of BD Products to states where we are not allowed to complete such transactions.
The BD Products are intended for use by adults for personal self-defense as permitted by applicable laws. BD Products should always be used with caution. They are not intended to be used as an offensive weapon. The BD Products should never be pointed at a police officer or other law enforcement personnel acting in their professional capacity. We do not recommend drawing it other than as needed for self-defense as it may be perceived to be a firearm and put you in jeopardy. You should not use BD Products in furtherance of a crime or brandish it recklessly or intentionally to threaten or injure any person except where permitted in reasonable defense of person or property. While BD Products are non-lethal devices, they are still a dangerous weapon and if used improperly can result in criminal and/or civil liability.
The BD Products may not be “carried-on” on commercial airlines. Before travelling always check individual airline and airport rules as well as local laws and regulations for all points of embarkation and disembarkation as well as FAA and TSA regulations, all of which are subject to change.
You are responsible for the use of BD Products. It is important that you carefully read and understand all instructions and warnings before unwrapping or attempting to operate BD Products. Bestie Defense is not responsible for any physical harm or damage from the use or misuse of any BD Products purchased from us.
By purchasing a BD Product, you understand that Bestie Defense does not warrant that you may legally purchase, possess, or carry BD Products according to applicable state or local laws. By purchasing a product, the buyer represents that they are at least 18 (21 if required by local law), are not prohibited from owning or using BD Products under relevant state or local law or regulation or pursuant to any court order, that they intend to use BD Products solely for self-defense, that they understand and agree to comply with all state and local laws related to its ownership, possession, and use, and that they will read all packaging, manuals and labels, comply with all safeguards and notices, and follow all instructions and warnings.
It is important that you understand that the carrying or use of BD Products is not a guarantee of personal safety. BD Products are not a substitute for sound judgment, situational awareness, or the assistance of law enforcement authorities when necessary.
You, on your own behalf and on behalf of your employers, employees, agents, executors, successors, and heirs, waives any and all claims whatsoever, whether at law or in equity (and including any claim of negligence or torts), against Bestie Defense, and all of its subsidiaries, affiliates, parents, directors, officers, shareholders, successors, and assigns, arising from or related to their purchase, ownership, use, or discharge of BD Products. Moreover, you, on your own behalf and any of your executors, successors and heirs, expressly agrees to indemnify and hold harmless Bestie Defense, and all of its subsidiaries, affiliates, parents, directors, officers, shareholders, successors and assigns against any and all claims and expenses (including attorneys’ fees) whatsoever resulting directly or indirectly from the purchase, ownership, use or misuse of BD Products, or in violation of federal, state, or local laws or regulations.
- Dispute Resolution and Governing Law
If you have a complaint, please contact us as described in the “How to Contact us” section below. In the unlikely event that your complaint remains unresolved, you and Bestie Defense agree to the following resolution process for all disputes and claims that you or Bestie Defense may have arising from our provision, or your use, of our Website and purchase of BD Products (each a “Claim”).
You and Bestie Defense agree to first discuss the Claim informally for no less than 30 days. The party who brings the Claim must first send the other party a notice that includes (1) a description of the Claim and (2) a proposed resolution. If you want to raise a Claim, you must send the aforementioned notice by email (heybestie@bestie-defense.com) and/or certified mail to 11693 San Vicente Blvd #110, Los Angeles, CA 90049. To subsequently discuss your Claim with you, we will contact you using the e-mail address or mailing address you provide in your letter to us. If Bestie Defense wants to raise a Claim, we will send you the aforementioned description and claim notice to you at the e-mail address that we have on file for you. If we do not have an e-mail address for you on file, Bestie Defense will send our Claim to you through a means that complies with the service of process rules of the State of California.
When the 30-day period described above has elapsed, you may, as an individual (but not as a class) initiate an arbitration through the process described in AAA Rules for Consumer Disputes (“Rules”). You and Bestie Defense acknowledge, understand, and agree that any decision or award rendered by AAA may be entered in any court of competent jurisdiction.
- Mandatory Arbitration/Limitation of Claims
If you and Bestie Defense do not reach an agreed upon resolution within 30 days of receipt of the Claim, you and Bestie Defense agree that the Claim must be resolved through binding individual (not class) arbitration with the American Arbitration Association (“AAA”) before a single arbitrator utilizing the applicable AAA Rules for Consumer Disputes (“Rules”). The arbitrator shall be selected in accordance with the Rules and shall have experience and knowledge in transactions similar to those contemplated by your use of the Website. If AAA is unavailable or refuses to arbitrate the parties' dispute for any reason, the arbitration shall be administered and conducted by a widely recognized arbitration organization that is mutually agreeable to the parties under any rules by such organization applicable to disputes between business and consumers, but neither party shall unreasonably withhold their consent. The arbitrator's decision or award will be conclusive and binding and may be entered as a judgment in any court of competent jurisdiction.
BY AGREEING TO THIS AGREEMENT TO ARBITRATE, YOU ACKNOWLEDGE THAT YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT AND YOUR RIGHT TO A JURY TRIAL. IN ARBITRATION, DISPUTES ARE RESOLVED BY NEUTRAL ARBITRATORS, RATHER THAN BY A JUDGE OR JURY. ARBITRATION IS MORE INFORMAL THAN A COURT TRIAL, HOWEVER, AN ARBITRATOR MAY AWARD RELIEF.
TO HELP RESOLVE ANY ISSUES BETWEEN US PROMPTLY AND DIRECTLY, YOU AND BESTIE DEFENSE AGREE TO BEGIN ANY ARBITRATION OR COURT PROCEEDINGS ALLOWED UNDER THIS SECTION WITHIN ONE YEAR AFTER A CLAIM ARISES AND AGREE TO WAIVE THE RIGHT TO TRIAL BY JURY; OTHERWISE, THE CLAIM IS WAIVED.
- Exceptions to the Arbitration Requirement
Either party has the right to pursue an intellectual property claim or claim relating to unauthorized access to data through the Website (including, but not limited to, claims relating to patent, copyright, trademark, service mark and trade secrets and claims relating to the access or retrieval of data through the Website using an automated process such as scraping) in state or federal courts located in Los Angeles, California.
- Class Action Waiver
YOU ACKNOWLEDGE AND AGREE THAT ANY CLAIMS SHALL BE BROUGHT SOLELY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE PROCEEDING, OR PRIVATE ATTORNEY GENERAL CAPACITY. IT IS IMPORTANT THAT YOU UNDERSTAND THAT BY ENTERING INTO THESE TERMS, YOU ARE WAIVING THE RIGHT TO PARTICIPATE IN A CLASS ACTION AGAINST US. YOU ACKNOWLEDGE THAT THIS CLASS ACTION WAIVER IS MATERIAL AND ESSENTIAL TO THE ARBITRATION OF DISPUTE(S) YOU MAY HAVE AND IS NON-SEVERABLE FROM THIS AGREEMENT TO ARBITRATE CLAIMS.
- Governing Law
These Terms shall be treated as though they were executed and performed in Los Angeles, California and shall be governed by and construed in accordance with the laws of the State of California (without regard to conflict of law principles).
- (e)Equitable Relief
You agree that any breach or threatened breach of these Terms or any unauthorized or unlawful use of the Website would result in irreparable injury to Bestie Defense for which monetary damages would be inadequate. In such event, Bestie Defense shall have the right, in addition to other remedies available to it at law and in equity, to immediate injunctive relief without the need to post a bond. Nothing contained in these Terms shall be construed to limit any legal or equitable remedies available to Bestie Defense.
- Removing your Information
If you wish to remove your personal information from the Website, please contact our customer support team at heybestie@bestie-defense.com or 310 243 6319.
- Modifications to these Terms
We may modify these Terms, in whole or in part, from time to time in our sole discretion, effective immediately upon posting modified Terms to the Website and/or, if you are a subscriber, by communicating the modified Terms to you when you log in to the Website. By not terminating your account or subscription after we provide notice of modifications to the Terms as described above or by continuing to use or access the Website or any of its services after modified Terms are posted to the Website, you agree to comply with, and be bound by, such modified Terms.
- Billing, Payments, and Discounts
If you wish to purchase BD Products through the Website, you will be presented with the applicable prices and billing arrangements prior to your purchase. By ordering BD Products via our Website, you authorize us to charge such selected payment method and its associated payment account that you have specified for such purchase. For your protection, we may request additional information to authenticate the credit card being used, and absent successful authentication, we may refuse to accept an order or subscription request. If you believe your credit card or other payment method might have been used in a fraudulent manner, please contact our customer service department as soon as possible. We do not accept payment via check, cash, or money order. By supplying payment card information, you authorize our use of such information in accordance with our Privacy Policy, including, but not limited to, our provision of such information to third parties for the purposes of payment processing. You also understand and acknowledge that Bestie Defense may use a third-party payment processor to process credit card payments on our behalf, and when you supply payment information in connection with a purchase, you agree that Bestie Defense is not responsible for the security of such information when it is in the control of a third-party payment processor.
Any applicable promotional pricing or discounts will be identified at the time of the purchase on the checkout page. If you feel that you have been billed incorrectly, please notify our Customer Service department at 310 243 6319 as soon as possible to notify us of such error. We will endeavor to resolve any errors promptly.
If you fail to make any scheduled payment for BD Products, overdue amounts may be subject to interest charges in the amount of the lesser of one and one-half percent (1.5%) per month, compounded monthly, or the maximum amount permitted by law. Your account may be deactivated or suspended and/or access to the Website denied for non-payment.
In addition to applicable product purchases, depending upon the state in which you reside, either you, or we on your behalf, shall pay any and all applicable sales or use tax due to any and all taxing authorities arising from, or in connection with, your use of the Website. You authorize us to take all appropriate measures to comply with any and all applicable laws and statutes in connection with the foregoing.
Bestie Defense reserves the right in its sole discretion to change its pricing and/or billing practices at any time. If you do not agree with these changes, you are free to cancel your account and/or to stop purchasing BD Products from us, but you recognize that you will remain responsible for timely payment for purchases or orders already made.
You acknowledge and agree that we may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason (e.g., orders we suspect to be fraudulent, associated with fraudulent activity, previously fraudulent order history, or previous credit card disputes), and without liability to you or anyone else.
- Proprietary Rights
The proprietary rights to all Content, including and any rights in the design, selection, arrangement, compilation, and coordination of Content, are owned by or licensed to Bestie Defense and are protected under applicable laws (including, but not limited to, copyright, trademark, and other intellectual property laws). Except as expressly provided in these Terms, you are not granted any rights or licenses to use any patents, copyrights, trade secrets, rights of publicity, trademarks, service marks, know-how or other proprietary rights of Bestie Defense, the Website, or any of the Content.
The “Bestie Defense” name and logo as well as all custom graphics, icons and service names are trademarks of Bestie Defense LLC and these and all other rights are reserved. All other trademarks are the property of their respective owners.
Bestie Defense reserves any and all rights not explicitly granted in these Terms. By using the Website, you do not acquire any ownership rights to the Website, our services, Content, or any other information obtained therefrom.
- Your Grant of License to Feedback, et al.
We welcome feedback and suggestions about how to improve the Website. By transmitting ideas, suggestions, information, or other materials to us, you represent and warrant that such information does not infringe, misappropriate, or violate the intellectual property or proprietary rights of any third party and that you have all rights necessary to provide such feedback to us. You agree that you grant to Bestie Defense, subject to the Privacy Policy, an irrevocable, perpetual, royalty-free, worldwide, unlimited, transferable, assignable, sub-licensable, fully-paid-up non-exclusive right and license to copy, display (in whole or in part), adopt, distribute, publish, reproduce, disseminate, transmit, create derivative works of, commercialize, retain, analyze and otherwise use, in any form, media, or technology now known or later developed and without any obligation to notify, approve, identify or compensate you or anyone else (and you hereby expressly waive any claim to the contrary), any information, ideas, concepts, comments, feedback, suggestions, and Content, that you submit, directly or indirectly, to Bestie Defense through the Website.
- Your Posting or Display of Content
You acknowledge and agree that you have no proprietary interest in the Content or any affiliated websites, including, without limitation, any social media pages, or forums that we control, including blogs, message boards, reviews, comment areas, and other interactive features and functionality where users may post certain comments and other content on the Website or affiliated websites. You acknowledge and agree that reviews and/or forum contributions are non-confidential for all purposes. We have no control over the manner in which any idea or information therein may be used by any party once such content is posted or displayed. You acknowledge and agree that we assume no responsibility for, and recommend that you do not post, display, or transmit, any confidential or sensitive information. You are solely and exclusively responsible for liability arising from your reviews and forum contributions.
- Account Information
To establish an account with the Website, you must be at least eighteen (18) years of age with the requisite equipment and Internet connection to access the Website and use the Website for legitimate purposes only. If at any time any of the information you supply as part of your application changes, you must immediately inform Bestie Defense of such changes. Bestie Defense may reject your application and/or terminate your subscription at any time and for any reason, in Bestie Defense’s sole discretion. If you elect to establish an account, you acknowledge that you have independently evaluated the desirability of obtaining access to the Website and that you have not relied on any representation or warranty about the Website other than those set forth in these Terms.
You may be required to register for a username or obtain a password prior to obtaining access to our Website's services. You acknowledge and agree that (a) you are responsible for maintaining the security and confidentiality of your username and password, (b) you will not use any other’s username and password or endeavor to access another’s account at any time, (c) you will not permit others to access your account, (d) you will not sell, trade, or otherwise share your username and password with any other person, (e) you will notify us immediately regarding any actual or suspected unauthorized use of your account, user name, and/or password, and (f) you will provide complete and accurate information about you and your account. If you violate any of these provisions, you agree that (i) you are responsible for any actions that occur through your account, whether or not taken by you, (ii) we shall not be liable for any loss that you incur as a result of someone else using your account, password, with or without your knowledge, and (iii) you could be held liable for any losses incurred by us, our affiliates, officers, directors, employees, consultants, agents and representatives due to someone else's use of your account or password.
- Indemnification
You agree to defend, indemnify, and hold harmless Bestie Defense, its parents, subsidiaries, affiliates, joint ventures, and third-party service providers, and each of their respective members, officers, directors, employees, agents, shareholders, licensors, suppliers, contractors, attorneys, and other partners (“Bestie Defense Indemnified Parties”), from and against any and all liabilities, claims, expenses (including reasonable attorneys’ fees), damages, suits, costs, demands, and judgments made by any third party, including, but not limited to, by any Search Subject, arising from or related to: (a) your use of the Website and purchase of BD Products from the Website; (b) your failure to comply with the Terms including, but not limited to, your violation of any laws or any rights of another individual or entity; or (c) any claim that Bestie Defense is obligated to pay any taxes in connection with your use of the Website, or your purchase of BD Products our services. This paragraph is for the benefit of the each of the Bestie Defense Indemnified Parties. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you.
- Disclaimer of Warranties
YOU ACKNOWLEDGE THAT THE SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, INCOMPLETE INFORMATION, OR TYPOGRAPHICAL ERRORS. THE SITE, ANY INFORMATION CONTAINED THEREIN, AND/OR ANY OTHER BESTIE DEFENSE PRODUCTS OR SERVICES, ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AVAILABLE ON THE SITE IS NOT NECESSARILY ACCURATE, COMPLETE, OR UP TO DATE, SO PLEASE DO NOT USE IT IN LIEU OF YOUR OWN COMMON SENSE OR DUE DILIGENCE. WE RECEIVE DATA FROM A VARIETY OF SOURCES AND CANNOT MAKE REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY THEREOF.
DO NOT RELY ON THE SITE, ANY INFORMATION PROVIDED THEREIN, OR ITS CONTINUATION. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, BESTIE DEFENSE AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES AND THERE RESPECTIVE MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SHAREHOLDERS MAKE NO REPRESENTATION OR WARRANTY THAT THE SITE, ANY INFORMATION CONTAINED THEREIN, THE CONTENT, BESTIE DEFENSE SEARCHES OR ANY OTHER BESTIE DEFENSE PRODUCTS OR SERVICES: (a) WILL ACHIEVE ANY PURPOSE FOR WHICH YOU INTENDED; (b) WILL BE UNINTERRUPTED, TIMELY, SECURE AND ERROR-FREE (INCLUDING, BUT NOT LIMITED TO, DUE TO SYSTEM OR NETWORK FAILURES, UPDATES, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, MAINTENANCE OR MALICIOUS ATTACKS), OR THAT DEFECTS OR ERRORS WILL BE CORRECTED; (c) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (d) WILL EMPLOY SECURITY METHODS THAT GUARANTEE THAT YOU WILL NOT EXPERIENCE INTERFERENCE WITH YOUR USE OR ENJOYMENT OF THE SITE, OR THAT GUARANTEE THAT YOUR RIGHTS WILL NOT BE INFRINGED; OR (e) WILL BE 100% ACCURATE, COMPLETE AND UP-TO-DATE. THE SITE, ANY INFORMATION CONTAINED THEREIN, THE CONTENT, AND BESTIE DEFENSE PRODUCTS OR SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. BESTIE DEFENSE AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION YOU USE TO ACCESS THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BESTIE DEFENSE, ANY OTHER USERS, THIRD-PARTY PROVIDERS OR OTHERWISE THROUGH OR FROM THE SITE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. WE DO NOT REPRESENT OR WARRANT THAT YOUR USE OF THE SITE WILL NOT INFRINGE THE RIGHTS OF OTHERS.
- Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT BESTIE DEFENSE AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, JOINT VENTURES AND THIRD-PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, CO-BRANDERS, LICENSORS, SUPPLIERS, CONTRACTORS, AND OTHER PARTNERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR INTANGIBLE LOSSES (EVEN IF BESTIE DEFENSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) TO THE FULLEST EXTENT PERMITTED BY LAW, ARISING FROM OR RELATED TO: (a) YOUR INABILITY TO USE THE SITE, ANY INFORMATION CONTAINED THEREIN, THE CONTENT, OR ANY BESTIE DEFENSE PRODUCTS OR SERVICES; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM YOUR PURCHASE OF OR OBTAINING ANY BESTIE DEFENSE PRODUCTS, SERVICES, CONTENT, OR OTHER DATA THROUGH THE SITE; (c) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA OR ANY OTHER INFORMATION ABOUT YOU MAINTAINED BY BESTIE DEFENSE; AND (d) ANY OTHER DISPUTE RELATING TO THE SITE, ANY INFORMATION CONTAINED THEREIN, OR ANY OTHER BESTIE DEFENSE PRODUCTS OR SERVICES. THIS LIMITATION APPLIES TO ALL STATUTORY AND COMMON-LAW CAUSES OF ACTION INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY AND ALL OTHER TORTS.
YOU HEREBY RELEASE BESTIE DEFENSE AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, JOINT VENTURES, AND THIRD-PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, CONTENT LICENSORS, SUPPLIERS, CONTRACTORS, VENDORS, AND PARTNERS, FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH A LIMITATION, BESTIE DEFENSE AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, JOINT VENTURES, AND THIRD-PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, LICENSORS, SUPPLIERS, CONTRACTORS, VENDORS, AND PARTNERS’ MAXIMUM COLLECTIVE LIABILITY TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500).
THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND BESTIE DEFENSE AND ACCESS TO THE SITE WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. IF YOUR JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES TO THE EXTENT INDICATED ABOVE, OUR LIABILITY IN SUCH JURISDICTION SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
- Links to other Websites
For your convenience in locating or accessing related information, BD Products, this Website may link you to other sites on the Internet (which are maintained by third parties over which we exercise no control) or otherwise include references to information, documents, software, materials, products, and/or services provided by other parties and/or made available through such third party websites. These links do not imply our endorsement of any third party, or their products or services, and we have not necessarily fully reviewed all such items. These sites may contain information or material that you find inappropriate or offensive. Because such sites and parties are not under our control, we expressly disclaim and you acknowledge that we are not responsible for, the accuracy, quality, availability, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied. These links and advertisements are often to other websites, owned and operated, and feature content, products, services, materials, events and offers provided by third parties. These websites may be co-branded, and the third parties may be entitled to use our name and logo on their websites. We do not control the information, products, or services available on or through these third-party websites. The inclusion on the Website of a third-party link does not imply endorsement by us of the applicable website or any association with the website’s operators. Because we have no control over such websites, you acknowledge and agree that we are not responsible or liable for the availability or the operation of such websites, for any material located on or available through such websites, or for the data practices of such websites, which are subject to those websites’ respective policies and terms. If you click on any third-party advertisements on the Website, participate in any promotions offered by such advertisers, or purchase any goods or services from such advertisers, any terms, conditions, warranties or representations associated with such dealings or promotions are solely between you and the applicable advertiser or other third party, and you agree that we shall not be responsible or liable, directly or indirectly, for any loss or damage you suffer through your dealings with or based on your reliance on any material made available by such advertisers. In addition, your interactions with third parties on the Website are solely between you and such third parties. We expressly disclaim responsibility and liability for all third party provided content, products, services, materials, events and offers contained on or accessed through the Website, and you agree that we are not responsible for any loss or damage of any kind incurred as a result of any such interaction or as the result of the presence of such third parties’ content, products, services, materials, events and offers on the Website.
19. Refund Policy
All sales of BD Products are final, and we do not accept returns or exchanges except in cases where the product is deemed to be “reasonably damaged” upon receipt.
Reasonably Damaged:
A product will be considered “reasonably damaged” if it arrives in a condition that significantly impacts its functionality or usability as intended. Examples include, but are not limited to, physical defects such as cracks, breaks, or missing components, or instances where the product fails to function as described due to a manufacturing defect. Cosmetic imperfections, damage caused during use, normal wear and tear, or damage resulting from improper storage, handling, or unauthorized alterations are not considered "reasonably damaged."
We reserve the sole discretion to determine whether a product meets the criteria for “reasonably damaged” and to approve or deny any return or exchange request. Customers must provide clear evidence (e.g., photographs or videos) of the alleged damage within [X] days of receiving the product to be eligible for review.
- Entire Agreement
These Terms, the Privacy Policy [ADD LINK], and all other applicable operating rules, policies, price schedules and other supplemental terms and conditions or documents that may be published or agreed upon by you from time to time, each of which are expressly incorporated herein by reference, shall constitute the entire and only agreement between you and Bestie Defense with respect to your use of the Website and purchase of BD Products from the Website. These Terms supersede all prior or contemporaneous agreements, representations, warranties, and understandings with respect to your use of the Website and the content contained therein. To the extent that any information or material that appears on or is posted to the Website, or otherwise is made available by us, contains any representation, term or condition that is in conflict or inconsistent with these Terms, these Terms shall take precedence unless revised terms or conditions are contained in a signed writing by one of our duly appointed officers.
- Force Majeure
Other than for payment obligations, neither party will be liable for, or be considered to be in breach of these Terms on account of either party’s delay or failure to perform as required under these Terms as a result of any causes or conditions that (a) are beyond the party’s reasonable control, including, but not limited to, acts of God, including storms and other natural occurrences; fires; explosions; telecommunications, Internet, or other network failures; results of vandalism or computer hacking; national emergencies, insurrections, acts of terrorism, governmental actions, pandemics, epidemics, riots, wars, strikes, or other comparable labor difficulties (a “Force Majeure Event”). If a Force Majeure Event occurs, the affected party will give the other party notice and will use commercially reasonable efforts to minimize the impact of any such event.
- Severability
If any provision of these Terms is held invalid or unenforceable by any applicable court decision, that provision shall be changed and interpreted so as to best accomplish the objectives of the invalid or unenforceable provision within the limits of applicable law or the applicable court decision, and the remaining provisions of these Terms shall remain in full force and effect.
- Waiver
Bestie Defense’s failure to enforce a specific right or remedy for any breach of, or insist upon strict adherence to, any provision of these Terms shall not operate as or be construed to be a waiver of Bestie Defense’s right to enforce its remedies for breaches of, or insist upon strict adherence to, such provision or any other provision of these Terms. Any waiver of a provision of these Terms must be contained in a signed writing by a duly appointed officer of Bestie Defense.
- Transferability
These Terms will be binding on, inure to the benefit of and be enforceable by Bestie Defense’s successors and assigns. you are not permitted to transfer, assign, novate or delegate any rights or obligations pursuant to these Terms unless contained in a signed writing by a duly appointed officer of Bestie Defense, and Bestie Defense reserves the right to immediately terminate your use of the Website and our services if you attempt to do so.
- Your Relationship with Bestie Defense
Nothing in these Terms creates any partnership, joint venture, agency, franchise, sales representative or employment relationship between Bestie Defense and you or any other party. You have no authority to make or accept any offers or representations on behalf of Bestie Defense.
- Notices
Bestie Defense may provide legal and other notices to you by (a) posting such notices or links to such notices on the Website, or (b) sending a notice by e-mail, postal mail, or overnight courier to any contact address or number that you have provided to Bestie Defense. If you wish to provide notice to Bestie Defense, you shall send such notice, postage prepaid by either U.S. certified mail or by international or domestic overnight courier, to 11693 San Vicente Blvd #110, Los Angeles, CA 90049. Notices you send by e-mail with or without electronic confirmation will not be deemed to be valid unless actual receipt is confirmed in a signed writing by a duly appointed officer of Bestie Defense.
- How to Contact us
If you have any questions about these Terms or the practices of Bestie Defense, or if you would like to register a complaint, notify us of a dispute, or notify us of inaccurate or misleading information, please feel free to contact 310 243 6319, at heybestie@bestie-defense.com, or via certified mail at: 11693 San Vicente Blvd #110, Los Angeles, CA 90049.
Please feel free to contact us at heybestie@bestie-defense.com