Terms & Privacy

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE.

Access to and use of this site are subject to the following terms and conditions and all applicable laws. Please review these terms and conditions on a periodic basis, as they are subject to modification, alteration, or update at any time and at the sole discretion of Beachtek. If you do not agree to any term or condition, you should not use this site.

I. COPYRIGHT NOTICE.

This Web site and all of its content, including but not limited to the text and images used herein and their arrangement, is copyright © 2012 Beachtek.

II. TRADEMARKS NOTICE.

In consideration of being allowed to use the Website, you agree that the following actions shall constitute a material breach:

- Collecting information about the Website or users of the Website without our written consent;
- Collecting information about the Website or users of the Website without our written consent;
- Modifying, framing, rendering (or re-rendering), mirroring, truncating, injecting, filtering or changing any content or information contained in the Website, without our written consent.
- Using any deep-link, page-scrape, robot, crawl, index, spider, click spam, macro programs, Internet agent, or other automatic device, program, algorithm or methodology which does the same things, to use, access, copy, acquire information, generate impressions or clicks, input information, store information, search, generate searches, or monitor the Website or any portion thereof;
- Accessing or using the site for commercial or competitive purposes;
- Disguising the origin of information transmitted to, from, or through the Website.
- Impersonating another person;
- Distributing viruses or other harmful computer code;
- Allowing any other person or entity to impersonate you to access or use the Website;
- Using the Website for any purpose in violation of local, state, national, international laws;
- Using the Website in a way that is intended to harm, or a reasonable person would understand would likely result in harm, to the user or others;
- Circumventing any measures implemented by us aimed at preventing violations of the Terms of Use.

IV. THIRD PARTY SITES

Beachtek may from time to time provide links and pointers to Internet sites maintained by third parties (“third party sites”) and it may from time to time provide materials from third parties on this Web Site. These third party sites and any third party materials are provided for your convenience only. Beachtek does not operate or control in any respect any information, products or services available on these third party sites and Beachtek is not responsible for their content. Beachtek makes no representations whatsoever concerning the content of these sites and the fact that Beachtek has provided a link to such sites is NOT an endorsement, authorization, sponsorship, or affiliation by Beachtek with respect to such sites, its services, the products displayed, its owners, or its providers. You access these sites at your own risk.

V. DISCLAIMER

 There are certain risks in using any information, software, or products found on the Internet; and Beachtek cautions you to make certain that you completely understand these risks before retrieving, using, relying upon, or purchasing anything via the Internet.

Visitors to this Web Site assume all responsibility and risk for the use of this Web Site. Information published on this Web Site is provided without charge as a convenience to visitors, to be used for informational purposes only.

Nothing in this web site constitutes a recommendation or endorsement of any item, product or brand.

Although reasonable care has been taken with regard to this site’s content, BeachTek does not warrant or represent that this site’s content is accurate, complete, or up-to-date, nor does it warrant or represent that access to and use of this site or the server which makes it available will be uninterrupted, error-free, and free of computer viruses or other harmful components. the content of this site may include technical inaccuracies or typographical errors for which BeachTek assumes no responsibility.

All of the materials provided herein, including all of the materials available on third party sites, are provided on an “as is” and “as available” basis and without warranties of any kind, either express or implied.

To the fullest extent permissible pursuant to applicable law, beachtek disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

VI. LIMITATION OF LIABILITY

Beachtek is not responsible for any infections, contaminations, delay in operation or transmission, line failure, errors, omissions, interruptions, or defects arising out of your use of this site or with respect to the material provided and/or contained on this site.

In no event shall Beachtek be liable for any special, direct, indirect, incidental, or consequential damages, or any other damages of any kind, resulting from whatever cause, including but not limited to loss of use, loss profits, or loss of data, whether in an action under theories of contract, negligence, strict liability, or otherwise, arising out of or in any way in connection with the use of or inability to use the information or materials on, or accessed through, the Beachtek Web Site.

Notwithstanding the above, in no event shall Beachtek’s total liability to you for any and all claims, damages, losses, and causes of action exceed the amounts paid to Beachtek by you in connection with the transaction claimed by you to give rise to your claim.

VII. COMMUNICATIONS AND SUBMISSIONS.

All personal data transmitted to Beachtek over the internet pursuant to placing an order, logging in or registering an account, such as name, e-mail address, physical address, telephone number and payment information, shall be treated as confidential information. Any communication or other materials which you submit to Beachtek or this Web site (including, but not limited to, e-mail, product reviews or other postings) relating to products, experiences, suggestions or other subject matter will be treated as non-confidential and non-proprietary Submissions. All Submissions made to public areas, such as product reviews, are not subject to our Privacy Policy.

You may post reviews, comments, and other content, and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of spam. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content. Beachtek hereby reserves the right (but not the obligation) to remove or edit content for any reason at its sole discretion.

By transmitting or posting any Submissions to Beachtek or to this Web site you grant Beachtek and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use the content of such Submissions for any purpose, including, but not limited to, the rights to reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You also grant Beachtek and its affiliates and sublicensees the right, at their sole discretion without obligation to do so, to use the name that you submit in connection with such content. You further agree that the license granted herein includes all of the rights to use or authorize the use of any ideas, concepts, know-how or techniques contained in such Submissions for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products or services incorporating such information.

You represent and warrant that you own or otherwise control all of the rights to the content of your Submissions; that the content is accurate; that use of the content you supply does not violate any terms of this User Agreement and will not cause injury to any person or entity; and that you will indemnify Beachtek or its affiliates for all claims resulting from content you supply. You agree that neither Beachtek nor its licensees will be liable to you for any use of any Submission. Beachtek has the right but not the obligation to monitor and edit or remove any activity or content.

You acknowledge and agree that you are solely responsible for any Submissions you submit to Beachtek or this Web site and further agree that you, not Beachtek, have full responsibility for the content of any such Submissions, including their legality, reliability and appropriateness.

VIII. JURISDICTION AND CHOICE-OF-LAW

 Beachtek operates this Web Site from its offices located in Kelowna, Canada. Beachtek makes no representations that the materials in this site are appropriate or available for use in other locations. Those who choose to access this Web Site from other locations do so at their own risk and are responsible for compliance with any and all local laws, if and to the extent local laws are applicable.

This agreement, and any dispute, which arises from and out of this Web Site, shall be construed with the laws of Canada. Any legal action regarding this agreement or this Web Site shall be brought only in either the Courts located within the City of Kelowna, and by using this site you consent to personal jurisdiction within these courts.

IX. INQUIRIES

If you have any questions regarding any portion of this Agreement, or if you wish to inquire, regarding rights of use not explicitly granted herein, please direct questions via email to info@beachtek.com.

X. TERMINATION

Beachtek or you may terminate this Agreement at any time. You may terminate this Agreement by destroying all materials obtained from this Web Site. Beachtek may terminate this Agreement immediately without notice if, in its sole judgment, you breach any term or condition of this Agreement. Upon termination, you must destroy all materials obtained from this Web Site.

XI. INTEGRATION

This agreement constitutes the entire Agreement between you and Beachtek and supersedes any prior oral or written arguments, understandings, or other communications between parties. This Agreement may not be modified except in writing signed by both you and an authorized signatory of Beachtek.

XIV. EXPORT POLICY

The goods sold on the Site are subject to the U.S. customs and export control laws and regulations and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received. You agree to abide by the applicable laws, rules and regulations – including, but not limited to the Export Administration Act and the Arms Export Control Act – and you represent and warrant that you will not transfer, by electronic transmission or otherwise, the goods to a foreign national or a foreign destination in violation of the law.