These Terms of Use, together with the Privacy Policy of Becca Kristine Inc. (the “Company”), set forth the terms and conditions (the “Terms”) that apply to your access and use of any or all of the websites owned or controlled by the Company or that have the Company’s branding, including the websites located at https://www.beccaandco.com/ and https://beccakristinetuttlecoaching.mykajabi.com/ (together, the “Sites”).  The Company services may include, but are not limited to, wedding and event planning and coordination and/or business coaching (collectively, the “Services”).

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By using or accessing the Sites or the Services, you agree to these Terms, as updated from time to time in accordance with Section 18 below.  Because the Company provides a wide range of services, the Company may at times ask you to review and accept supplemental terms that apply to your interaction with a specific product or service and you will not receive access to such services unless and until you have agreed to such supplemental terms.  These Terms state that any disputes between you and the Company must be resolved in arbitration or small claims court.

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1. Account Security.  To use the Sites and the Services, you must (a) be at least thirteen (13) years of age; (b) have not previously been suspended or removed from the Sites or the Services; and (c) use the Sites and the Services in compliance with any and all applicable laws and regulations.
    

2. Account Registration.  To access some features of the Sites, you may be required to register for an account.  When you register for an account, the Company may ask you to provide certain identifying information about yourself, including, but not limited to, your email address and other contact information, and to create a username and password (“Registration Information”).  When registering for and maintaining an account, you agree to provide true, accurate, current and complete information about yourself.  You also agree not to impersonate anyone, misrepresent any affiliation with anyone else, use false information or otherwise conceal your identity from the Company for any purpose.  You are solely responsible for maintaining the confidentiality and security of your password and other Registration Information.  For your protection and the protection of other users, do not share your Registration Information with anyone else.  If you do share this information with anyone, the Company will consider their activities to have been authorized by you.  If you have reason to believe that your account is no longer secure, you must immediately notify the Company at becca@beccaandco.com.
    

3. Specific Requirements for Certain of the Services.  Certain features and functionality of the Sites use third party technology or incorporate third party services (such as social media platforms).  Your use of such features and functionality may be governed by the applicable third party’s terms and conditions with which you must comply.
    

4. Prohibited Conduct.  You agree not to: 

   1. Use the Sites or the Services for any illegal purpose, or in violation of any local, state, national or international law; 

   2. Violate or encourage others to violate the rights of the Company or any third parties, including intellectual property rights; 

   3. Post, upload or distribute any content that is unlawful, defamatory, libelous, inaccurate or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, hateful or otherwise inappropriate; 

   4. Interfere in any way with security-related features of the Sites or the Services; 

   5. Interfere with the operation or any user’s enjoyment of the Sites or the Services, including by uploading or otherwise disseminating viruses, adware, spyware, worms or other malicious code, making unsolicited offers or advertisements to other users or attempting to collect personal information about users or third parties without their consent;

   6. Access, monitor or copy any content or information of the Sites or the Services using any robot, spider, scraper, botnet or other automated means or any manual process for any purpose without the Company’s express written permission;

   7. Perform any fraudulent activity, including impersonating any person or entity, claiming false affiliations, accessing the accounts of other users without permission or falsifying your identity or any information about you, including your name, age or date of birth; or 

   8. Sell or otherwise transfer the access granted herein. 
       

5. Electronic Communications, Alerts, Notifications.  As part of the Sites and/or the Services, you may receive notifications, alerts, emails or other types of electronic communications regarding the Sites and/or the Services.  You acknowledge and agree that you may receive communications from the Company electronically, such as via e-mail or text message or through notices and messages on the Sites.  You agree that all agreements, notices, disclosures and other communications that the Company provides to you electronically satisfy any legal requirement that such communications be in writing.  Where required by applicable law, the Company will seek express prior written consent for marketing text messages or calls to you.  Additionally, the Company may use third party vendors to communicate with you.  To the extent you have any questions, please refer to the applicable third party vendor’s terms of use.
    

6. Third Party Content.  The Sites may contain links to third party websites and services.  The Company provides such links as a convenience, and does not control or endorse these websites and services.  You acknowledge and agree that the Company has not reviewed the content, advertising, products, services or other materials that appear on such third party websites or services, and is not responsible for the legality, accuracy or appropriateness of any such content.  The Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any such third party websites or services.
    

7. Intellectual Property.  You acknowledge and agree that you relinquish all ownership rights in, and you hereby irrevocably assign to the Company, any ideas or suggestions that you submit to the Company through the Sites, the Company’s social media accounts, or to the Company via e-mail.  By submitting any testimonials or other original content (“User Content”) to the Company via e-mail or through the Sites or the Company’s social media accounts, you: (a) represent and warrant that you solely and exclusively own, or otherwise have a valid and enforceable right to use, such User Content; and (b) hereby grant to the Company a worldwide, royalty free, irrevocable, perpetual, transferable, non-exclusive license (with the right to grant sublicenses) to reproduce, prepare derivative works of, distribute, publicly perform and publicly display such User Content in connection with the Sites and the Services.  The Sites and the Services are protected by applicable copyright and other intellectual property laws, and no materials from the Sites or the Services may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without the express permission of the Company.  All trademarks and service marks on the Sites and the Services belong to the Company, except third party trademarks or service marks, which are the property of their respective owners.
    

8. Name, Image, and Likeness.  Certain features of the Sites may include functionality (e.g., video calls, chat groups) that could expose your name, image or likeness.  By accessing or using the Sites, you grant the Company a non-exclusive, worldwide, royalty-free license to use your name, image, and likeness in connection with the promotion, marketing, and advertising of the Company’s Services and products.  This includes, but is not limited to, the right to reproduce, distribute, and display your name, image, and likeness in all media formats now known or hereafter developed.  You acknowledge that you will not receive any compensation for such use.
    

9. Pricing.  The prices displayed for products and Services available for purchase via the Sites represent the applicable retail prices in U.S. dollars and do not include taxes, shipping or handling charges (to the extent applicable).  Any applicable taxes, shipping or handling charges will be communicated to you before you place an order and you will be responsible for, and will pay, all such amounts.
    

10. Product and Services Information.  The Company makes every effort to present the most recent, accurate and reliable information on the Sites at all times.  However, occasionally there may be information on the Sites that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers and availability.  Products and Services displayed may be sold out, out of stock or discontinued, and prices are subject to change.  The Company is not responsible for errors regarding price, availability or any other matter.  Likewise, the Company does not warrant the accuracy of customer product ratings, comments or feedback.
     

11. Payment.  By submitting an order through the Sites, you agree to pay in advance the price of the product(s) or Service(s) ordered, plus any applicable taxes, shipping and handling, and/or other charges, in U.S. dollars.  You may make payment by credit card or any other method of payment the Company may make available to you (each, a “Method of Payment”).  In order to make a payment, you must provide the Company with valid credit card and/or other billing information and authorize the Company (or any third party payment service provider engaged by the Company) to charge your Method of Payment for all orders placed and accepted via the Sites.  YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION.  By submitting such information, you grant the Company the right to provide such information to third parties for purposes of facilitating the completion of transactions initiated by you or on your behalf.  Verification of information may be required prior to the acknowledgment or completion of any transaction.
     

12. Purchase History.  Your purchase history may include such details as product or service description, product or service image(s), units purchased, purchase price, purchase or order date, shipping updates, order number or product manuals, warranties and instructions.  All information related to your purchase history is solely owned by the Company at all times, but may be made available to you in the Company’s sole discretion for your review upon request.
     

13. Processing Orders.  If any problems arise with your order, or with the shipping address or Method of Payment associated with your purchase, and the Company is unable to resolve the problem, the Company may notify you via the contact information provided at the time of your purchase.  If problems arise with your order that the Company cannot resolve, your order may be cancelled and the Company may not be able to process future purchases until the problem has been resolved.
     

14. Cancellation.  The Company reserves the right to cancel, modify or suspend any order placed if the Company determines, in its sole discretion, that you have violated these Terms, including by engaging in any fraudulent or misleading activity (for example, by using false names, multiple identities, multiple email accounts or email addresses, impersonating another person or otherwise providing false or misleading information), or if the Company believes, in its sole discretion, that your conduct violates applicable law or is harmful to the Company’s interests.
     

15. Indemnification.  You agree that you will be personally responsible for your use of the Sites and the Services, and you agree to defend, indemnify and hold harmless the Company and its founders, officers, directors, employees, consultants, affiliates, subsidiaries, and agents from and against any and all claims, liabilities, damages, losses and expenses (including attorneys’ and accounting fees and costs), arising out of or in any way connected with: (a) your access to, use of or alleged use of the Sites or the Services; (b) your violation of the Terms or any applicable law or regulation; (c) your violation of any third party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; or (d) any disputes or issues between you and any third party.  The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with the Company’s defense of such claim.
     

16. Reliance on Information Posted.  The information presented on or through the Sites is made available solely for general information purposes.  The Company does not warrant the accuracy, completeness or usefulness of this information.  Any testimonials or reviews on the Sites reflect the real-life experiences and opinions of individuals who have used the Company’s Sites or Services and may have been edited by the Company for clarity or brevity.  We do not claim, and you should not assume, that all users will have the same experiences.  Any reliance you place on such information is strictly at your own risk.  The Company disclaims all liability and responsibility arising from any reliance placed on such information by you or any other visitor to the Sites or user of the Services, or by anyone who may be informed of any of the contents of the Sites or the Services.
     

17. Termination.  If you violate these Terms, your permission to use the Sites and the Services will automatically terminate.  In addition, the Company, in its sole discretion, may suspend or terminate your user account and/or suspend or terminate some or all of your access to the Sites and/or the Services at any time, with or without notice to you.  You may terminate your account at any time by contacting the Company at becca@beccaandco.com.  After your account is terminated, information and content previously provided by you will no longer be accessible through your account, but the Company may continue to store such information and content, and it may also be stored by third parties to whom it has been transferred through your use of the Sites.
     

18. Modification of the Terms.  The Company reserves the right at any time to modify these Terms and to impose new or additional terms or conditions on your use of the Sites or the Services.  Such modifications and additional terms and conditions will be effective immediately upon posting such terms and conditions to the Sites and incorporated into these Terms.  The Company will make reasonable efforts to notify you of any material changes to the Terms, including, but not limited to, by posting a notice to the Sites or by sending an email to any email address you may have provided to the Company.  Your continued use of the Sites and/or the Services following notice will be deemed acceptance of any modifications to the Terms.
     

19. Disclaimers of Warranties.  The Sites and the Services are provided “as is” and on an “as available” basis, without warranty or condition of any kind, either express or implied.  Although the Company seeks to maintain safe, secure, accurate and well-functioning services, the Company cannot guarantee the continuous operation of or access to the Sites or the Services, and there may at times be inadvertent technical or factual errors or inaccuracies.  The Company specifically (but without limitation) disclaims: (a) any implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement; and (b) any warranties arising out of course-of-dealing, usage or trade.  You assume all risk for any or all damages that may result from your use of or access to the Sites or the Services.  The Company does not guarantee the accuracy of, and disclaims all liability for, any errors or other inaccuracies in the information, content, recommendations and materials made available through the Sites or the Services.
     

20. Limitation of Liability.  In no event will the Company be liable to you for any incidental, special, consequential, direct, indirect or punitive damages, whether based on warranty, contract, tort (including negligence), statute or any other legal theory, whether or not the Company has been informed of the possibility of such damage.  The Company’s aggregate liability arising out of or relating to these Terms will not exceed the greater of $100 or the amount you have paid to the Company in the past twelve (12) months.  Some jurisdictions do not allow the disclaimer of warranties or limitation of liability in certain circumstances.  Accordingly, some of the above limitations may not apply to you.
     

21. Governing Law.  These Terms are governed by the laws of the United States and the State of California, without regard to conflict of law principles that would require the application of the laws of any other jurisdiction.  Subject to Section 23 of these Terms, which provides that disputes are to be resolved through binding arbitration or small claims court, to the extent that any lawsuit or court proceeding is permitted hereunder, you and the Company agree to submit to the exclusive personal jurisdiction of the state courts and federal courts located within Sacramento, California, for the purpose of litigating any such disputes.
     

22. Geographic Restrictions.  The Company provides the Sites and the Services for use only by persons located in the United States.  The Company makes no claims that the Sites or the Services are accessible or appropriate outside of the United States.  Access to the Sites or the Services may not be legal by certain persons or in certain countries.  If you access the Sites or the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
     

23. Dispute Resolution by Binding Arbitration.  In the interest of resolving disputes between you and the Company in the most expedient and cost effective manner, you and the Company agree to resolve disputes through binding arbitration or small claims court in Sacramento, California instead of in courts of general jurisdiction (“Agreement to Arbitrate”).  Arbitration is more informal than a lawsuit in court.  Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court and is subject to very limited review by courts.  Arbitrators can award the same damages and relief that a court can award.  Any arbitration or litigation under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted.  You acknowledge and agree that the arbitrator may award relief (including monetary, injunctive and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that individual party’s claim(s).  Any relief awarded cannot affect other users.
     

24. Modification of the Sites.  The Company reserves the right to modify or discontinue, temporarily or permanently, some or all of the Sites or the Services at any time without any notice or further obligation to you.  You agree that the Company will not be liable to you or to any third party for any modification, suspension or discontinuance of any of the Sites or the Services.
     

25. General.  

    1. Entire Agreement.  These Terms, together with the Privacy Policy of Becca Kristine Inc. and any other agreement executed by you and the Company, constitute the entire and exclusive understanding and agreement between you and the Company regarding your use of and access to the Sites and the Services, and supersede all prior agreements with respect to the subject matter hereof.  Except as expressly permitted above, these Terms may only be amended by a written agreement signed by the parties.

    2. No Waiver.  The failure to require performance of any provision shall not affect the Company’s right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.  

    3. Paragraph Headers.  Use of paragraph headers in the Terms is for convenience only and shall not have any impact on the interpretation of particular provisions.  

    4. Severability.  In the event that any part of the Terms is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect.
        

26. Accessibility Statement.  We are committed to ensuring that our Sites are accessible to all users, including those with disabilities.  If you encounter any accessibility barriers while using our Sites, please contact us at becca@beccaandco.com so we can provide the information you need in an accessible format and improve our accessibility efforts.
     

27. Notice to California Residents.  Under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Services or to receive further information regarding use of the Services.
     

Last updated January 13, 2025

 

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