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Last Modified: Oct. 31, 2018
ACCEPTANCE OF THE TERMS OF USE
Welcome to the website of BEYOND International Inc. (“Company“). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use“), govern your access to and use of www.beyonddent.com, including any content, functionality and services offered on or through www.beyonddent.com (the “Website“), whether as a guest or a registered user.
Please read the Terms of Use carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use if this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at our Website, incorporated herein by reference. If you do not agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.
By using this Website, you represent and warrant that you are at least 13 years or older, of legal age and sound mind such that you can and do hereby form a binding contract with the Company. If you do not meet all of these requirements, you must not access or use the Website.
REFERENCE TO COMPANY IN THE TERMS OF USE
In these Terms of Use, the words “we” or “us” refers to Company, individually and collectively, unless otherwise specified.
CHANGES TO THE TERMS OF USE
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter.
Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. While we will endeavor to update the “Last modified” date of these Terms of Use to let you know when changes have been made, you are expected to check this page each time you access this Website as any changes are binding on you.
ACCESSING THE WEBSITE AND ACCOUNT SECURITY
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
You are responsible for:
To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is accurate, current, and complete. You agree that all information you provide to register with this Website or otherwise provide to us through the Website, such information including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
INTELLECTUAL PROPERTY RIGHTS
The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:
You must not:
You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.
TRADEMARKS
The Company name, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the express, prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
PROHIBITED USES
You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:
Additionally, you agree not to:
MONITORING AND ENFORCEMENT; TERMINATION
We have the right to:
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU RELEASE AND HOLD HARMLESS THE COMPANY ENTITIES FROM ANY CLAIMS, LIABILITIES, LOSSES, DAMAGES, CAUSES OF ACTION, INJURIES RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we are not required to review material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
COPYRIGHT INFRINGMENT – DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) POLICY
Company respects the copyrights of others and expects that you will also do so. However, if you believe that your copyright-protected work has been infringed by Beyond or on one of its websites, please review and follow the policy below, which implements both the Digital Millennium Copyright Act, 17 U.S.C. §512, (“DMCA”) and Beyond’s own copyright policies.
CHANGES TO THE WEBSITE
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
INFORMATION ABOUT YOU AND YOUR VISITS TO THE WEBSITE
All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
LINKING TO THE WEBSITE AND SOCIAL MEDIA FEATURES
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our prior, express written consent.
This Website may provide certain social media features that enable you to:
You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
LINK FROM THE WEBSITE
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
GEOGRAPHIC RESTRICTIONS
Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
DISCLAIMER OF WARRANTIES
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
LIMITATION ON LIABILITY
IN NO EVENT WILL THE COMPANY, EITHER OF THEIR AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTRACTORS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
INDEMNIFICATION
You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors, contractors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.
GOVERNING LAW AND JURISDICTION
All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Texas. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
LIMITATION ON TIME TO FILE CLAIMS
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
WAIVER AND SEVERABILITY
No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
ENTIRE AGREEMENT
This Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Company with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.
YOUR COMMENTS AND CONCERNS
All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: info@beyonddent.com.
Thank you for visiting the Website.
Safeguarding your privacy and the security of your personal information is important to us. Please take a few minutes to read the following policy so that you understand how we treat your personal information. As we continuously improve and expand our services, this policy might change, so please check it periodically. If you have questions about our privacy policy, please email us.
Purpose
Beyond International has adopted this Privacy Policy in order to inform you of its policies with respect to information collected from this website. Your use of this website constitutes your acceptance of this Privacy Policy and your consent to the practices it describes. This is a website-only privacy policy, and does not apply to the handling of your personal data collected by Beyond International or its affiliates/owner-operators by means other than this web site.
Personally Identifiable Information
Personally Identifiable Information is any information that concerns you individually and would permit someone to contact you. This includes your name, address, telephone/fax number, email address or any information you submit to Beyond International that identifies you individually.
This website will not collect any personally identifiable information about you unless you provide it. As such if you do not want us to obtain any personally identifiable information about you, please do not submit it to us.
You can visit and browse the Beyond International website without revealing personally identifiable information about yourself. You may also choose to disclose personally identifiable information about yourself, which may be maintained as described below. This website may collect personally identifiable information about you by the following methods:
Registration Forms – If you are offered the opportunity to enter a promotion, to become a registered user of Beyond International, or to opt-in to receive Beyond International information through another site, you must apply by filling out the registration form on the site. This form requires certain personally identifiable information that may include, without limitation, your name, age, email address, postal address, telephone number, areas of interest, product usage, and/or a unique individual password.
Transactions and Activity – If you become a registered user or if you conduct transactions through this website, we will collect information about the transactions you engage in while on the website and your other activity on the site. This information may include, without limitation, areas of the website that you visit, transaction type, content that you view, download or submit, transaction amount, payment, and billing information, as well as the nature, quantity and price of the goods or services you exchange and the individuals or entities with whom you communicate or transact business.
Email and other voluntary communications – You may also choose to communicate with us through email, via our website, by telephone, in writing, or through other means. We collect the information in these communications, and such information may be personally identifiable.
Non-Personally Identifiable Information
When you visit the Beyond International website, like when you visit most other websites, certain anonymous information about your visit is automatically logged. This may include information about the search engine you use (Google, Bing, etc), the type of browser you use, the server name and IP address through which you access the internet (such as “aol.com” or “earthlink.net”), the date and time you access the site, the pages you access while at the Beyond International website, and the internet address of the website, if any, from which you linked directly to the Beyond International site. This information is not personally identifiable.
Information Use
Beyond International may use the personally identifiable information collected through its website primarily for such purposes as:
– helping to establish and verify the identity of users;
– opening, maintaining, administering and servicing users’ accounts or memberships;
– processing, servicing or enforcing transactions and sending related communications;
– providing services and support to users;
– improving the website, including tailoring it to users’ preferences;
– providing users with product or service updates, promotional notices and offers, and other information about Beyond International and its affiliates;
– responding to your questions, inquiries, comments and instructions; – maintaining the security and integrity of its systems.
Beyond International uses the anonymous browsing information collected automatically by its servers primarily to help it administer and improve its website. Beyond International may also use aggregated anonymous information to provide information about its website to potential business partners and other unaffiliated entities. Again, this information is not personally identifiable.
Disclosure of Information
Beyond International does not provide personally identifiable information to unaffiliated third parties for their use in marketing directly to you. Beyond International may use unaffiliated companies to help it maintain and operate its website or for other reasons related to the operation of its business, and those companies may receive your personally identifiable information for that purpose. Beyond International may also disclose personally identifiable information about you in connection with legal requirements, such as in response to an authorized subpoena, governmental request or investigation, or as otherwise permitted by law.
Children’s Privacy
This website is directed toward and designed for use by persons aged 13 or older. Beyond International will not approve applications of, or establish or maintain registrations for any child whom Beyond International knows to be under the age of 13. Beyond International does not solicit or knowingly collect personally identifiable information from children under the age of 13. If Beyond International nevertheless discovers that it has received personally identifiable information from an individual who indicates that he or she is, or whom Beyond International reasons to believe is under the age of 13, Beyond International will delete the information from its systems. Additionally, a child’s parent or legal guardian may request that the child’s information be corrected or deleted from our files by requesting this via our Contact Us page.
“Cookies” and Advertisers
The Beyond International website’s server, or the servers of companies that are used to operate this site, may place a “cookie” on your computer in order to allow you to use the website and to personalize your experience. A “cookie” is a small piece of data that can be sent by a web server to your computer, which then may be stored by your browser on your computer’s hard drive. Cookies allow us to recognize your computer while you are on our website and help customize your online experience and make it more convenient for you. Cookies are also useful in allowing more efficient log-in for users, tracking transaction histories and preserving information between sessions. The information collected from cookies may also be used to improve the functionality of the website.
Most web browser applications (such as Microsoft Internet Explorer and Google Chrome) have features that can notify you when you receive a cookie or prevent cookies from being sent. However, if you disable cookies, you may not be able to use certain personalized functions of this website.
External Links
The Beyond International website may contain links to other websites not maintained or related to Beyond International. These links are provided as a service to users and are not sponsored by or affiliated with this web site or Beyond International. Beyond International has not reviewed all of the sites hyper-linked to or from this website and is not responsible for the content or privacy practices of other websites. The links are accessed at the user’s own risk, and Beyond International makes no representations or warranties about the content, completeness or accuracy of these links or the sites hyper-linked to this website. Websites that are accessible by hyperlinks from the Beyond International website may use cookies. Beyond International encourages you to read the privacy statements provided by other websites before you provide personally identifiable information to them. Beyond International does not implicitly endorse third-party sites hyperlinked to this website.
Security
Beyond International maintains physical, electronic, and procedural safeguards to help guard personally identifiable information. If transactions are offered on the site, transaction information is transmitted to and from Beyond International in encrypted form using industry-standard Secure Sockets Layer (SSL) connections to help protect such information from interception. Beyond International restricts authorized access to your personal information to those persons who have a legitimate purpose to know that information to provide products or services to you and those persons you have authorized to have access to such information. Please be aware, however, that any email or other transmission you send through the internet cannot be completely protected against unauthorized interception.
Choice/Opt-Out
In order to provide service to you, we may send you communications related to your transactions, security or the administration of its website. From time to time, Beyond International and its affiliates may also wish to send you other messages or updates about our website, Beyond International, our affiliates, or their promotions and other activities. If you do not wish to receive non-transaction/security related communications from Beyond International and its affiliates, please send an email to us at shop@beyonddent.com
Changes to this Privacy Policy
Beyond International reserves the right to modify or supplement this policy at any time. If a material change to the terms of this policy is made, Beyond International will post a notice on its homepage and a link to the new policy.
FOR THE RESALE OF PRODUCTS PURCHASED FROM
BEYOND International Inc.
This statement serves as a document to explain the expectations of any distributor partners (AUTHORIZED BEYOND PRODUCTS AGENT) of Beyond International Inc.
BEYOND International Inc. is registered through US FDA as well as under EU Regulation 2017/745 (MDR) and CPNP.
AUTHORIZED BEYOND PRODUCTS AGENT is responsible for investigating local regulations and is solely responsible for ensuring the sale and use of the products meets local laws and regulations into target region or country for sale.
QUALITY ASSURANCE AND AFTER-SALE SERVICE
BEYOND International Inc. and all of our subsidiaries are dedicated to maintaining the highest standards of quality for our complete product lines. We are pleased to offer a comprehensive three-year manufacturer’s warranty against factory defect for all non-consumable products. This warranty includes the complete repair and/or replacement for any product or part found to be defective. Spare parts are supplied for ten years from date of purchase. All consumable products are guaranteed through the expiration date printed on the package.
WARRANTY EXCLUSIONS
The repair or replacement of defective materials is determined solely by BEYOND. BEYOND is not in any way responsible for damage to BEYOND products when maintenance is carried out by third parties. Damages resulting from human error are not included under this warranty. BEYOND reserves the right to determine the cause and nature of all defect claims. All defective parts or products must be returned to BEYOND before replacement items can be dispatched. Shipping charges for returned parts and products and replacement parts and products are excluded from this warranty.
BI requires the return of defective products as part of BI’s ISO 13485 manufacturing practice and market surveillance. Returns shall be coordinated by AUTHORIZED BEYOND PRODUCTS AGENT and all shipping and return costs shall be the sole responsibility of AUTHORIZED BEYOND PRODUCTS AGENT, unless otherwise determined by BI. Returns of defective or other replacement products to BI must be pre-approved before shipped to BI for replacement or credit.
BEYOND USA Headquarters
711 Julie Rivers Dr, Sugar Land, TX 77478 USA
Tel: +1-281-277-4352
Email: info@beyonddent.com
AUTHORIZED BEYOND PRODUCTS AGENT agrees to report complaints to BI as stipulated by the FDA CFR Code of Federal Regulations Title 21. The terms and definition of this regulation can be seen in this link. AUTHORIZED BEYOND PRODUCTS AGENT shall always advertise the warranty period to be 3 years on all whitening accelerators. AUTHORIZED BEYOND PRODUCTS AGENT shall ensure all his resellers and distributors advertise the warranty period to be 3 years on all whitening accelerators.
