Terms of Use

AGREEMENT BETWEEN USER AND BEYOND WORDS CO.

The Beyond Words Co. website located at www.beyondwordsco.com and related platforms and services (together the “Website”) is comprised of various web pages operated by Beyond Words Co. and through which you may order certain goods and request certain services.

The Website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Website constitutes your agreement to all such terms, conditions, and notices. If you do not agree with these Terms of Use or any part of them, you should not use the Website.

MODIFICATION OF THESE TERMS OF USE

Beyond Words Co. reserves the right to change these terms, conditions, and notices, including fees, charges, and other required payments associated with use, at any time and for any reason. You must review these Terms of Use frequently for updates and changes to them. If, at any time, you do not agree with these Terms of Use or any part of them, you should not use the Website.

LINKS TO THIRD PARTY SITES

The Website may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Beyond Words Co. and Beyond Words Co. is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Beyond Words Co. is not responsible for webcasting or any other form of transmission received from any Linked Site. Beyond Words Co. is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Beyond Words Co. of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Website, you warrant to Beyond Words Co. that you will not use the Website for any purpose that is unlawful or violates any applicable rule, regulation, ordinance or other legal edict, or is prohibited by these terms, conditions, and notices. You may not use the Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party's use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for your access or use through the Website.

USE OF COMMUNICATION SERVICES

The Website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are legal, ethical, and proper and are specifically related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.

Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.

Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.

Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.

Conduct or forward surveys, contests, pyramid schemes or chain letters.

Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.

Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.

Restrict or inhibit any other user from using and enjoying the Communication Services.

Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.

Harvest or otherwise collect information about others, including e-mail addresses, without their consent.

Violate any applicable laws or regulations.

Beyond Words Co. has no obligation to monitor the Communication Services. However, Beyond Words Co. reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Beyond Words Co. reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Beyond Words Co. reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Beyond Words Co.’s sole discretion.

Always use caution when giving out any personal information, sensitive data, or personally identifying information about yourself or your children in any Communication Service. Beyond Words Co. does not control or endorse the content, messages or information found in any Communication Service and, therefore, Beyond Words Co. specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Services. Managers and hosts are not authorized Beyond Words Co. spokespersons, and their views do not necessarily reflect those of Beyond Words Co.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO Beyond Words Co. OR POSTED AT THE WEBSITE

Beyond Words Co. does not claim ownership of the materials you provide to Beyond Words Co. (including feedback and suggestions) or post, upload, input or submit to the Website (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Beyond Words Co., its affiliated companies, sublicensees, and assigns permission and an unlimited, unpaid, worldwide and perpetual license to use your Submission in connection with the Website and operation of their legitimate business interests, including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Beyond Words Co. is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Beyond Words Co. sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

LIABILITY DISCLAIMER

FOR PURPOSES OF THIS LIABILITY DISCLAIMER SECTION, “BEYOND WORDS CO.” SHALL INCLUDE AFFAIRCARE, LLC, A MINNESOTA LIMITED LIABILITY COMPANY, ITS OWNERS, EMPLOYEES, CONTRACTORS, AND AGENTS INDIVIDUALLY, AND ALL SUPPLIERS, PARTNERS, AFFILIATES, AND ASSIGNS OF BEYOND WORDS CO.

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE BEYOND WORDS CO. WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. BEYOND WORDS CO. MAY MAKE OR COMMISSION IMPROVEMENTS AND/OR CHANGES TO THE WEBSITE AT ANY TIME. ANY ADVICE YOU RECEIVE VIA THE WEBSITE FROM ANY PERSON OR ENTITY, INCLUDING BEYOND WORDS CO., SHOULD NOT BE RELIED UPON FOR PERSONAL, PSYCHOLOGICAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

BEYOND WORDS CO. MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. BEYOND WORDS CO. HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BEYOND WORDS CO. BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE, WITH THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED SERVICES OR TO OBTAIN ANY GOOD ORDERED THROUGH THE WEBSITE OR FROM BEYOND WORDS CO., THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF BEYOND WORDS CO. HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.

SERVICE CONTACT: press@beyondwordsco.com

TERMINATION/ACCESS RESTRICTION

Beyond Words Co. reserves the right, in its sole discretion, to terminate your access to the Website or any portion thereof at any time, without notice.

The Website and all contents are copyrighted by Beyond Words Co. You may not publish or otherwise use any part of the Website, or any related trademarks or other intellectual property associated with or available through it, other than as expressly authorized by these Terms of Use, without our prior written consent. Any rights not expressly granted herein are reserved.

GENERAL

To the maximum extent permitted by law, this agreement is governed by the laws of the State of Minnesota, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Hennepin County, Minnesota, U.S.A. in all disputes arising out of or relating to your use of the Website. Use of the Beyond Words Co. Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Beyond Words Co. as a result of this agreement or your use of the Website.

Beyond Words Co.'s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Beyond Words Co.'s right or obligation to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by Beyond Words Co. with respect to such use.

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Beyond Words Co. with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Beyond Words Co. with respect to the Website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

The Website is also governed by a Statement of Privacy which is hereby incorporated into these Terms of Use by reference. Beyond Words Co. is an Assumed Name of AffairCare, LLC, a Minnesota limited liability company. Any comments, questions, or requests about these Terms of Use or the Website should be directed to press@beyondwordsco.com.