TERMS AND CONDITIONS
By accessing, browsing or using this website, you acknowledge that you have read, understood and agreed to be bound by these Terms and Conditions. If you do not agree to these Terms, you should not use or access this website. Beyond The Note Gifts, LLC reserves the right to revise these Terms at any time by updating this page. You are encouraged to review these Terms each time you use the website because your use of the website after the posting of changes will constitute your acceptance of the changes. Agreement to these Terms also constitutes your acknowledgement and agreement to the FAQ section, which is incorporated herein.
Copyright: All content included on the website, such as text, graphics, logos, button icons, images, audio clips, photographs, illustrations, digital downloads, data compilations, and software, and the compilation (including the collection, selection, assembly and arrangement) of such materials is the property of Beyond The Note Gifts LLC or its licensors or content suppliers and protected by copyright, trademark and other applicable laws in the United States and other jurisdictions.
Product Information: While we have taken the time to test the products featured in every Beyond The Note Gifts package, we cannot be held responsible for any issue the consumer may have with any given product, including but not limited to, allergic reactions or foodborne illness.
Disclaimer: You assume all responsibility and risk with respect to your use of the website. THE WEBSITE AND ALL CONTENT, MERCHANDISE, AND OTHER INFORMATION ON OR ACCESSIBLE FROM OR THROUGH THIS WEBSITE OR A “LINKED” SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY. SPECIFICALLY, BUT WITHOUT LIMITATION, BEYOND THE NOTE GIFTS, LLC DOES NOT WARRANT THAT: (1) THE INFORMATION ON THIS IS CORRECT, ACCURATE OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE; OR (3) DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKE THEM AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Beyond The Note Gifts, LLC makes no warranties of any kind regarding any third party sites to which you may be directed or hyperlinked from this website. Hyperlinks are included solely for your convenience, and Beyond The Note Gifts, LLC makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such sites. Beyond The Note Gifts, LLC does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the website.
BEYOND THE NOTE GIFTS, LLC DOES NOT REPRESENT OR WARRANT THAT THE NUTRITION, INGREDIENT, ALLERGEN, AND OTHER PRODUCT INFORMATION ON OUR SITE IS ACCURATE OR COMPLETE SINCE THIS INFORMATION IS PROVIDED BY THE PRODUCT MANUFACTURERS OR SUPPLIERS AND ON OCCASION MANUFACTURERS MAY MODIFY THEIR PRODUCTS AND UPDATE THEIR LABELS. WE RECOMMEND THAT YOU DO NOT RELY SOLELY ON THE INFORMATION PRESENTED ON OUR WEBSITE AND THAT YOU CONSULT THE PRODUCTS LABEL OR CONTACT THE MANUFACTURER DIRECTLY IF YOU HAVE A SPECIFIC DIETARY OR ALLERGIC CONCERN OR QUESTION ABOUT A PRODUCT.
Limitation of Liability: EXCEPT IN THE CASES OF WILLFUL MISCONDUCT AND RECKLESS CONDUCT ON THE PART OF BEYOND THE NOTE GIFTS, LLC, IN NO EVENT SHALL BEYOND THE NOTE GIFTS, LLC, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES, OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE BE LIABLE TO ANY USER OF THE WEBSITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE WEBSITE, WHETHER BASED UPON WARRANTY, CONTRACT OR TORT (NEGLIGENCE). EVEN IF BEYOND THE NOTE GIFTS, LLC HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. EXCEPT IN THE CASES OF WILLFUL MISCONDUCT AND RECKLESS CONDUCT ON THE PART OF BEYOND THE NOTE GIFTS, LLC, IN NO EVENT SHALL THE TOTAL LIABILITY OF BEYOND THE NOTE GIFTS, LLC, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS WEBSITE TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS WEBSITE, WHETHER IN WARRANTY, CONTRACT OR TORT (NEGLIGENCE), EXCEED THE AMOUNT YOU PAID TO BEYOND THE NOTE GIFTS, LLC IN CONNECTION WITH THE EVENT GIVING RISE TO SUCH LIABILITY. You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise and services available through the website.
Waiver; Remedies: The failure of Beyond The Note Gifts, LLC to partially or fully exercise any rights or the waiver of it of any breach of these Terms and Conditions by you shall not prevent a subsequent exercise of such right by Beyond The Note Gifts, LLC or be deemed a waiver by it of any subsequent breach by you of the same or any other term of these Terms. The rights and remedies of Beyond The Note Gifts, LLC under these Terms and any other applicable agreement between you and Beyond The Note Gifts, LLC shall be cumulative, and the exercise of any such right or remedy shall not limit Beyond The Note Gifts, LLC’s right to exercise any other right or remedy.
Governing Law and Disputes: The laws of the State of Kentucky shall govern these Terms. Any dispute relating in any way to your visit to, or use of, the Site, to the products you purchase through the website, or to your relationship to Beyond The Note Gifts, LLC shall be submitted to confidential mediation in Jefferson County, Kentucky; provided, however, that to the extent that you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of Kentucky.
Contact Us: If you have any questions regarding our Terms & Conditions please Contact Us.