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Terms & Conditions

TERMS AND CONDITIONS OF USE

The following terms and conditions of use ("Terms of Use") govern your use of The Beat NYC, LLC’s website at www.thebeatnyc.com (the “Site”). The Site is made available by The Beat NYC, LLC (“The Beat”). PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING AND USING THE SITE, OTHER THAN TO READ THESE TERMS OF USE FOR THE FIRST TIME, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, YOU MAY NOT ACCESS OR OTHERWISE USE THIS SITE.

LICENSE

The Beat owns, solely and exclusively, all rights, title and interest in and to the Site. All the content on the Site, including but not limited to, text, data, graphics, logos, button icons, images, audio clips, video clips, links, and software (the “Materials”) is owned, controlled by, or licensed to The Beat and is protected by copyright, trademark and intellectual property rights. Subject to these Terms of Use, The Beat grants you a limited, royalty-free license to view the Materials and make such copies only as may be incidentally created during your exercise of the foregoing through the normal operation of a commercially available web browser and a gateway cache and proxy obtaining the Materials from The Beat’sServer for personal, internal use only. Neither the Site nor the Materials may be reproduced, displayed, modified or adapted, distributed or transmitted in any form by any means (including, but not limited to, electronic duplication or transmission) without the prior written permission of The Beat.

TRADEMARKS

The trademarks, logos, service marks, trade names and trade dress (including without limitation the layout of the Site) (collectively the “Trademarks”) displayed on the Site are registered and unregistered Trademarks of The Beat and others and may not be used in connection with products and/or services that are not related to, associated with, or sponsored by their rights holders that are likely to cause customer confusion, or in any manner that disparages or discredits their rights holders. All Trademarks not owned by The Beat that appear on this Site, if any, are the property of their respective owners. Nothing contained on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of The Beat or the third party that may own the applicable Trademark.

MODIFICATION

The Beat reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site or any part thereof with or without notice. You agree that The Beat will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site.

SECURED AREAS

Your use of any areas of the Site secured by a user name/login screen ("Secured Areas"), including but not limited to purchases of products from the Site, is governed by the terms and conditions of a separate agreement. You are granted no rights or licenses to use the Secured Areas under this Agreement.

MAILINGS

By submitting your name, e-mail address, and any other personal information to The Beat, you hereby grant The Beat, subject to The Beat’s Privacy Policy a royalty-free license to use and disclose this information, including but not limited to using and disclosing such information in connection with periodic mailings to you about The Beat’s products, services, and news ("Mailings"). The terms and conditions of this Agreement shall apply to all such Mailings.

SUBMISSIONS

Unless specifically requested, The Beat will not solicit nor does The Beat wish to receive any confidential, secret or proprietary information or other materials from you. Any remarks, suggestions, ideas, graphics, data, personal information, resumes, questions or other information communicated to The Beat through the Site, by facsimile, through the mail (electronic or otherwise) or through any other means (a "Submission") will be deemed not to be confidential or secret and may be used by us in any manner and will forever be the property of The Beat The Beat will not be liable for the use of any ideas for its business (including, without limitation, service or promotion ideas) and will not incur any liability as a result of any similarities that may appear in future services or operations. Without limitation, The Beat will have exclusive ownership of all present and future existing rights to the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not The Beat, have full responsibility for the Submission, including its legality, reliability, appropriateness, originality, and copyright.

USER CONDUCT

Our Site may only be used for lawful purposes. You warrant and agree that while using the Site, you shall not engage in any unlawful activity including without limitation any of the following activities:

  1. Posting any incomplete, false or inaccurate information or information which is not your own accurate information;
  2. Posting of any material that defames, harasses, threatens, embarrasses, or abuses others; is racially or ethically offensive; or is obscene, abusive, hateful, pornographic, vulgar, or harmful to anyone, but especially to children;
  3. Deleting or revising any material posted by any other person or entity;
  4. If you have a password allowing access to a non-public area of our Site, disclosing to or sharing your password with any third parties or using your password for any unauthorized purpose;
  5. Harming minors in any way;
  6. Impersonating any person or entity or falsely stating or otherwise misrepresenting your affiliation with a person or entity;
  7. Attempting to gain unauthorized access to other computer systems through the Site; or
  8. Aggregating, copying or duplicating in any manner any of the materials or information available from our Site.

You agree that you will not use the Site to in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

We do not knowingly collect identifiable information from anyone under thirteen years of age.

REGISTRATION AND PASSWORDS

If you register on our Site, you agree to provide accurate and complete information about yourself and to maintain and update such information so it remains accurate and complete following registration. Failure to provide accurate and complete information or to update such information shall be adequate grounds for us to either suspend or terminate your account. Upon completing the registration process, you will receive a password and user name. You are responsible for maintaining the confidentiality of your password and user name and are responsible for any activities that occur under your password and user name.

ACCURACY OF CONTENT AND PRICING INFORMATION

Because prices, product descriptions and availability can change quickly, The Beat does not warrant the accuracy or completeness of the information provided on the Site. Also, The Beat may make changes to the information contained herein, including to the products and prices described in the site, at any time, without prior notice to you (including after you have submitted your order). Information at this Site is periodically updated, but it may not be current or complete at the moment you visit this Site and may contain errors or inaccuracies. In no event shall The Beat or its service or product providers be liable to you in any manner whatsoever for any decision made by you, or for any act or failure to act by you, in reliance upon information provided at this Site. If a product you purchase does not match the description on the Site, as your sole and exclusive remedy you may return the product, unused, to The Beat and receive a refund of your purchase price.

Items in your shopping cart will reflect the most recent price displayed on the item's product detail page. Prices are frequently updated to adjust for different sales, limited pricing, and other discounting. Therefore, prices on the product detail page and in your cart may change after such updates to reflect the current prices. Placing items in your cart does not reserve the current prices shown at that time, and prices are reserved only by placing an order. From time to time, despite our efforts, a small number of the items in our catalog may be mispriced. Please note that such errors or inaccuracies may be related to product descriptions, pricing and availability. In the event of a pricing error, The Beat will take one of the following options: (1) If an item's correct price is lower than our stated price, we will charge the lower amount and ship you the item; or (2) if an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. We apologize for any inconvenience. If you are not satisfied with your purchase due to any errors or inaccuracies, you may return it in accordance with our return procedure. Discounts are limited-time offers and are not valid with other offers.

LIMITED QUANTITIES

All products, including those identified as Closeouts and Limited Quantity items are limited to stock on hand and are offered on a first come, first served basis.

LIST PRICES

List Price is the suggested retail selling price of a product provided to us by manufacturers. We may commonly sell products at prices lower than List Price, and, for any given product, no sales may have occurred at List Price.

List Price is a benchmark to compare our discounts from List Price to pricing offered by other retailers. Whether other retailers sell at List Price will vary by product, geographic location, type of store, and over time.

Although we periodically update the List Prices in our direct mail offerings and on our website as we receive them, in some cases manufacturers may change a suggested retail price without notice to us.

Please contact the manufacturer of a specific product for the most up-to-date List Price information.

List Prices quoted for house or private label brands are developed internally in consideration of comparable name brand products. We may commonly sell such products at prices lower than List Price and, for any given product, no sales may have occurred at List Price.

Although our limited time events are intended to be limited time events, our low prices offered during these events may continue in effect after the event.

Values associated with items labeled "free with purchase" are based upon list price.

DISCLAIMER OF WARRANTIES

THE INFORMATION ON THE SITE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, THE BEAT EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, REGARDING THE INFORMATION ON THIS SITE, INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Some jurisdictions do not allow the exclusion of implied warranties, in which case any implied warranties shall be limited to the minimum scope and period permitted by law.

LIMITATION OF LIABILITY

IN NO EVENT SHALL THE BEAT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT THE BEAT HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE INFORMATION ON OUR SITE. THE BEAT'S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS AND CONDITIONS AND THE USE OF THE SITE, WHETHER IN CONTRACT OR TORT OR OTHERWISE, SHALL NOT EXCEED $1,000. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

AMENDMENT

The Beat may at any time revise these Terms of Use by updating this posting. By using this Site, you agree to be bound by any such revisions, and you should periodically visit this page of the Site to examine the then-current Terms of Use by which you are bound. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages of this Site.

NOTICE

If you have any questions about these Terms of Use or our Privacy Policy, you may contact The Beat at:

The Beat NYC, LLC
315 Flatbush Ave #122

Brooklyn, NY 11217

+1 631 729-0412

GENERAL

If any provision of these Terms of Use is held by a court of competent jurisdiction to be unenforceable for any reason, the remaining provisions hereof shall be unaffected and remain in full force and effect. These Terms of Use shall for all purposes be governed by and interpreted in accordance with the laws of the State of New York as those laws are applied to contracts entered into and to be performed entirely in New York, without regard to conflicts of law provisions. Any suit or proceeding arising out of or relating to these Terms of Use shall be commenced exclusively in state or federal court in Kings County, NY and you irrevocably submit to the exclusive jurisdiction and venue of such courts.