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TERMS AND CONDITIONS

 

Welcome to Beautifully Over 40!

These are the terms and conditions for:

• https://www.beautifullyover40.com

By using the website, you agree to be bound by these terms and conditions and our privacy policy. In these terms and conditions, the words "website" refers to the Beautifully Over 40 website, "we", "us", "our" and “Beautifully Over 40” refers to Beautifully Over 40 and "you" and “user" refers to you, the user of Beautifully Over 40.

The following terms and conditions apply to the website offered by Beautifully Over 40. This includes the mobile and tablet versions as well as any other version of Beautifully Over 40 accessible via desktop, mobile, tablet, social media or other devices.

READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OR OBTAINING ANY INFORMATION OR SERVICE FROM Beautifully Over 40.

 

1. ACCEPTANCE OF TERMS

This agreement sets forth legally binding terms for your use of Beautifully Over 40. By using the website, you agree to be bound by this agreement. If you do not agree to the terms of this agreement, you must not use the website. We may modify this agreement from time to time, and such modification shall be effective upon posting on the website. You agree to be bound by any modifications to these terms and conditions when you use the website after such modification is posted on the website; therefore, it is important that you review this agreement regularly.

The website is available for all ages. It is the responsibility of parents and legal guardians to determine whether use of the website or any of the content available on the website is appropriate for their child or ward.

Beautifully Over 40 may, in its sole discretion, refuse to offer the website to any entity or user and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the service and the website is revoked in such jurisdictions.

By using the website, you represent and warrant that you have the full right, power and authority to enter into this agreement and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into this agreement.

 

2. ACCOUNT

When registering on the website, the user must choose a password and may be asked for additional information such as email address. Users will be able to register through their Facebook or Google accounts. You are responsible for maintaining the confidentiality of your password and account information, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Beautifully Over 40 of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out of your account at the end of each session. You may never use another user's account without Beautifully Over 40’s prior authorization. Beautifully Over 40 will not be liable for any loss or damage arising from your breach of this agreement.

Users may cancel their accounts at any time and for any reason by sending us their request through our contact information. Such cancellation will only result in the deletion of the account and the deletion of all personal data provided to Beautifully Over 40.

Beautifully Over 40 reserves the right to terminate your account or your access immediately, with or without notice, and without liability to you, if Beautifully Over 40 believes that you have violated any of these terms, provided Beautifully Over 40 with false or misleading information, or interfered with any other party's use of the website or service.

 

3. NOTIFICATIONS AND NEWSLETTER

By providing Beautifully Over 40 with your email address, you agree that we may use your email address to send you notifications, communications, news and special content. If you do not wish to receive these emails, you may opt-out of receiving them by sending us your request through our contact information or by using the "unsubscribe" option in the emails. Opting out may prevent you from receiving emails about Beautifully Over 40.

 

4. PRODUCTS

Beautifully Over 40 offers the following products:

• Planners (printable and digital).

• Printable journals and inserts such as habit trackers, coloring pages and checklists.

When you place an order, you offer to buy the products for the price advertised and indicated on the website at the time of purchase. The products will be available in digital format for downloading and printing once the payment process is completed. Please check prices and product features before placing your order.

When a customer places an order, Beautifully Over 40s will send that customer an email which aims to confirm the purchase and payment. This email confirmation will be produced automatically so that the user has the confirmation of his purchase and the details of the order.

Beautifully Over 40 may cancel any order and not supply products if it is reasonable to do so and may change or discontinue the availability of products at any time in its sole discretion. If an order is cancelled, any payments made for products will be refunded in full. This does not affect your statutory rights.

All new orders are considered separately and each is treated individually.

 

5. PAYMENTS

Products can be paid through the following payment methods:

• Credit/debit card (Visa, Mastercard, American Express, Discover)

Payments within the website will be processed through Wix Payments. Your credit/debit card will be charged for the full amount of the product(s) immediately upon completion of the payment process on the website. Once the transaction has been processed, we will send an electronic receipt of the transaction to the buyer's email address. 

If you find any inconsistency in your billing, please contact us through our contact information or you can make the claim through the customer service of the corresponding payment processor.

If your card is declined, you will receive an error message. No payment will be charged to your card and no order will be processed. There may be a pending transaction on your account until your card issuing bank withdraws the authorisation. This usually takes 2 to 5 business days. Your card may be declined for various reasons such as insufficient funds, AVS (Address Verification System) mismatch or you have entered an incorrect security code.

If your payment is declined, you must provide an alternative payment method or provide another card where payment can be charged and processed.

Your payment information will be treated and safeguarded with total security and with the exclusive purpose of processing the purchase of the products. Beautifully Over 40 reserves the right to contract any payment platform available in the market, which treats your data for the exclusive purpose of processing the purchase of the products.

 

6. REFUNDS

Due to the nature of our products (digital, downloadable and printable products), all purchases of our products are final and non-refundable. Once the payment process is completed, the user will immediately receive the download link of the product(s) purchased. Please note that once the product(s) has been purchased, the user will not be able to request a refund. If you are unable to download the product(s) once payment has been completed, please contact us via our contact information.

 

7. AFFILIATE LINKS

Through the use of the website, Beautifully Over 40 may offer affiliated content to third party websites that offer different content, products or different services. Beautifully Over 40 is not responsible for such third-party content or products or services offered through links included in the content available on the website. The user should carefully review the general policies and other terms and conditions before purchasing products or accessing any services on these third-party websites. Beautifully Over 40 is not responsible for products or services offered by third parties that may appear through links included in our content. Please note that the content appearing on the website is provided for informational and educational purposes only and that the final decision to purchase products or services on third party websites is the sole and exclusive responsibility of the user. Through the content or affiliate links, Beautifully Over 40 may receive some financial compensation, each time users purchase products or services from third parties and that are included in the links available in our content.

Beautifully Over 40 has no control over the commercial practices of third parties, nor does it control in any way the quality, safety or legality of the products or services displayed through the use of the website, nor the commercial transactions that occur as a result of the purchase of the products or services displayed through the use of the website. The purchase of products or services through third parties is done at your own risk and responsibility.

 

8. DISCLAIMER

By visiting the website and accessing the content available on the website, you accept personal responsibility for the results of the use of the information and content available on the website. You agree that Beautifully Over 40 does not guarantee the results of actions advised or not advised by this website and the content available on the website. Beautifully Over 40 provides resources and content for informational and educational purposes only. You acknowledge and agree that your ultimate success or failure to use the information and content available on the website will be the result of your own efforts, your particular situation and a variety of other circumstances beyond Beautifully Over 40’s control. This disclaimer is not intended to exclude any warranty implied by law which cannot be lawfully excluded.

 

 

9. USER CONTENT

Some features of the website may allow users to upload and post content and information (Community Forum). The user retains copyright or any rights they may have in the content they provide through the website. Beautifully Over 40 is not responsible for the accuracy, safety or legality of the content posted on the website by users. The user is solely and exclusively responsible for its content and the consequences of its publication. By providing content and information through the website, the user grants Beautifully Over 40 a worldwide, non-exclusive, royalty-free, fully paid right and license to host, store, transfer, display, perform, reproduce and modify the user's content for the sole purpose of displaying it through the website and to the general public.

 

10. COMMUNITY GUIDELINES

Beautifully Over 40 is not responsible for the content of the user. The user is solely responsible for the content and the consequences of providing content through the website. By providing content through the website, you affirm, represent and warrant that:

• You are the creator and owner of the content you provide through the website, or have the necessary licenses, rights, consents and permissions to authorize Beautifully Over 40 to publish and display your content through the website.

• Your user content, and the use of your user content as contemplated by these Terms, does not and will not (i) infringe, violate or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, right of privacy, right of publicity or any other intellectual property or proprietary right; (ii) libels, defames, slanders or invades the privacy, publicity or other proprietary rights of any other person; or (iii) causes Beautifully Over 40 to violate any law or regulation.

• Your user content could not be considered by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful or otherwise inappropriate.

In addition to the above representations and warranties, the creator is prohibited from providing and posting the following types of content:

• Content depicting, promoting, facilitating or soliciting (real, simulated or implied) sexual activities with minors, incest, zoophilia, violence, kidnapping, rape, lack of consent, hypnosis, intoxication, sexual assault, torture, sadomasochistic or hard bondage abuse, weapons (unless obviously fake), asphyxiation, extreme fisting, genital mutilation, necrophilia.

• Content related to blood, scatology, vomit or excrement.

• Any content that includes hate speech and extreme profanity.

• Any content that includes any individual who has not consented to such content (a) being taken, captured or memorialized in any way, or (b) being posted, uploaded or shared on Beautifully Over 40.

• Content that depicts or promotes illegal or illicit drugs.

• Content that depicts or promotes suicide or self-harm.

• Any content that depicts illegal behavior or that may be considered obscene under applicable law.

• Any content that depicts any person under the age of eighteen (18).

• Any content posted with the intent to extort money or other benefit from a third party in exchange for removal of the content.

• Any content that uses or promotes sweepstakes, lotteries or games of chance and gambling.

• Any content that violates anti-discrimination laws.

• Content posted with the intent to collect phone numbers, addresses, last names, email addresses, URLs, geographic location or any other personal information of users or third parties without their consent.

Any violation of these terms and conditions or the publication of prohibited content on the website may result in the removal of the content on the website and the suspension of the user's account.

 

11. USER CONTENT DISCLAIMER

Beautifully Over 40 may, at any time and without prior notice, filter, remove, edit or block any user content that, in our judgment, violates these terms or is otherwise objectionable. If a user or content owner notifies us that user content allegedly does not conform to these terms, we may investigate the allegation and determine in our sole discretion whether to remove the user content, which we reserve the right to do at any time and without notice. You acknowledge and agree that Beautifully Over 40 reserves the right to, and may from time to time, monitor any and all information transmitted or received through the service for operational and other purposes. If at any time Beautifully Over 40 decides to monitor content, Beautifully Over 40 continues to assume no responsibility or liability for the content or any loss or damage incurred as a result of the use of the content. During monitoring, information may be examined, recorded, copied and used in accordance with our privacy policy.

 

12. COPYRIGHT

All materials on Beautifully Over 40, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, software and other elements are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by Beautifully Over 40 or by third parties that have licensed or otherwise provided their material to the website. You acknowledge and agree that all materials on Beautifully Over 40 are made available for limited, non-commercial, personal use only. Except as specifically provided herein. No material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without Beautifully Over 40 prior express written permission. You may not add, delete, distort, or otherwise modify the material. Any unauthorized attempt to modify any material, to defeat or circumvent any security features, or to utilize Beautifully Over 40 or any part of the material for any purpose other than its intended purposes is strictly prohibited.

 

13. COPYRIGHT INFRINGEMENT

Beautifully Over 40 will respond to all inquiries, complaints and claims regarding alleged infringement for failure to comply with or violation of the provisions contained in the Digital Millennium Copyright Act (DMCA). Beautifully Over 40 respects the intellectual property of others, and expects users to do the same.  If you believe, in good faith, that any material provided on or in connection with the website infringes your copyright or other intellectual property right, please send us your copyright infringement request pursuant to Section 512 of the Digital Millennium Copyright Act (DMCA), via our contact information, with the following information: 

• Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers or a statement regarding ownership of the work should be included.

• A statement that specifically identifies the location of the infringing material, in sufficient detail so that Beautifully Over 40 can find it on the website. 

• Your name, address, telephone number and email address.

• A statement by you that you have a good faith belief that the use of the allegedly infringing material is not authorized by the copyright owner, or its agents, or by law.

• A statement by you, made under penalty of perjury, that the information in your notification is accurate, and that you are the copyright owner or authorized to act on its behalf.

• An electronic or physical signature of the copyright owner or of the person authorized to act on the copyright owner's behalf.

 

14. PERSONAL DATA

Any personal information you post or submit in connection with the use of the website will be used in accordance with our privacy policy. By using the website, you agree that we may collect and store your personal information. Please see our privacy policy.

 

15. PROHIBITED ACTIVITIES

The content and information available on the website (including, but not limited to, data, information, text, music, sound, photos, graphics, video, maps, icons or other material), as well as the infrastructure used to provide such Content and information, is proprietary to Beautifully Over 40 or licensed to the Beautifully Over 40 by third parties. For all content other than your content, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information or software obtained from or through the website. In addition, the following activities are prohibited:

• Access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any content of the website, including but not limited to, using any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with this agreement or without our express written permission.

• Violate the restrictions in any robot exclusion headers on the website or bypass or circumvent other measures employed to prevent or limit access to the website.

• Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure.

• Deep-link to any portion of the website for any purpose without our express written permission.

• "Frame", "mirror" or otherwise incorporate any part of the website into any other websites or service without our prior written authorization.

• Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Beautifully Over 40.

• Circumvent, disable or otherwise interfere with security-related features of the website.

 

16. DISCLAIMER OF WARRANTIES

Because of the nature of the Internet Beautifully Over 40 provides and maintains the website on an "as is", "as available" basis and makes no promise that use of the website will be uninterrupted or entirely error free. We are not responsible to you if we are unable to provide our website for any reason beyond our control.

Our website may from time to time contain links to other websites which are not under the control of and are not maintained by us. These links are provided for your convenience only and we are not responsible for the content of those sites.

Except as provided above we can give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law.

You will be responsible for any breach of these terms by you and if you use the website in breach of these terms you will be liable to and will reimburse Beautifully Over 40 for any loss or damage caused as a result.

Beautifully Over 40 will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control including without limitation Internet outages, communications outages, fire, flood, war or act of God.

These terms do not affect your statutory rights as a consumer which are available to you.

Subject as aforesaid, to the maximum extent permitted by law, Beautifully Over 40 excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect or consequential loss whether or not such arises out of any problem you notify to Beautifully Over 40 and Beautifully Over 40 shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:

• Any incorrect or inaccurate information on the website.

• The infringement by any person of any Intellectual Property Rights of any third party caused by their use of the website.

• Any loss or damage resulting from your use or the inability to use the website or resulting from unauthorized access to, or alteration of your transmissions or data in circumstances which are beyond our control.

• Any loss of profit, wasted expenditure, corruption or destruction of data or any other loss which does not directly result from something we have done wrong.

• Any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's computer equipment, software, data or other property caused by persons accessing or using content from the website or from transmissions via emails or attachments received from Beautifully Over 40

• All representations, warranties, conditions and other terms which but for this notice would have effect.

 

17. INDEMNIFICATION

You agree to defend and indemnify Beautifully Over 40 from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:

• Your breach of this agreement or the documents referenced herein.

• Your violation of any law or the rights of a third party.

• Your use of the website.

 

18. CHANGES AND TERMINATION

We may modify the website and these terms at any time, at our sole discretion and without notice. You are responsible for keeping yourself informed of these terms. Your continued use of the website constitutes your acceptance of any changes to these terms and any changes will supersede all previous versions of the terms. Unless otherwise specified, all changes to these terms apply to all users and clients. In addition, we may terminate our agreement with you under these terms at any time by notifying you in writing (including by email) or without notice.

 

19. INTEGRATION CLAUSE

This agreement together with the privacy policy and any other legal notices published by Beautifully Over 40, shall constitute the entire agreement between you and Beautifully Over 40 concerning and governs your use of the website.

 

20. DISPUTES

The user agrees that any dispute, claim or controversy arising out of or relating to these terms and conditions, or the breach, termination, enforcement, interpretation or validity thereof or the use of the website, shall be resolved by binding arbitration between the user and Beautifully Over 40, provided that each party retains the right to bring an individual action in a court of competent jurisdiction.

In the event of a dispute arising in connection with the use of the website or the breach of these conditions, the parties agree to submit their dispute to arbitration resolution before a reputable arbitration organization as mutually agreed by the parties and in accordance with applicable commercial arbitration rules.

You agree to initiate a formal dispute proceeding by sending us a communication through our contact information. Beautifully Over 40 may choose to send you a written offer after receiving your initial communication. If we offer and send you a settlement offer and you do not accept the offer, or we are unable to resolve your dispute satisfactorily and you wish to continue with the dispute process, you must initiate the dispute resolution process before an accredited arbitration organization and file a separate Demand for Arbitration. Any award rendered by the arbitration tribunal shall be final and conclusive on the parties.

To the fullest extent permitted by law, you agree that you will not file, join or participate in any class action lawsuit in connection with any claim, dispute or controversy that may arise in connection with your use of the website.

The courts of the United States, specifically the courts located in the State of South Carolina, shall have jurisdiction over any dispute, controversy or claim relating to Beautifully Over 40 and its business operations. Any such dispute or controversy shall be brought and resolved in the courts of the United States, specifically the courts located in the State of South Carolina.

 

21. FINAL PROVISIONS

These terms and conditions are governed by the laws of the United States. Use of the website is unauthorized in any jurisdiction that does not give effect to all of the provisions of these terms and conditions.

Our performance of these terms is subject to existing laws and legal process, and nothing contained in these terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of our website or information provided to or gathered by us with respect to such use.

If any part of these terms is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of these terms at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.

Any rights not expressly granted herein are reserved.

 

22. CONTACT INFORMATION

If you have questions or concerns about these terms and conditions, please contact us through our contact form, our chat or through the following contact information:

Beautifully Over 40

Email: hello@beautifullyover40.com