Terms of service

TERMS OF SERVICE

OVERVIEW

Welcome to bejuliet.com, a website (“website” or “site”) owned and operated by It’s Juliet LLC, a Delaware limited liability company. In these Terms of Service, It’s Juliet LLC is referred to as “Be Juliet”,  “we”, “us” or“our” refer to Be Juliet and the term “Be Juliet Parties” shall mean, collectively, Be Juliet and any parent, subsidiaries, affiliates, partners, members, managers, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers and employees. 

Be Juliet offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. 

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES

 All purchases made through the Website are subject to our acceptance. This means that we may refuse to accept or may cancel any transaction, in our sole discretion, and without liability to you or any third party. The Website does not permit orders from dealers, wholesalers, or other customers who intend to resell items offered on the Website. Be Juliet expressly conditions its acceptance of your order on your agreement to these Terms, and to all additional terms and conditions that are provided to you on the Website that govern your purchase of certain Products. By ordering Products through the Website, you agree to provide true, accurate, current, and complete information. Be Juliet reserves the right without prior notice to discontinue or change specifications on Products offered on and outside of the site without incurring any obligation to you. Prices and availability are subject to change without prior notice, and Be Juliet reserves the right to revoke any offer to correct any errors, inaccuracies, or omissions.

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product or Service at any time. Any offer for any product or Service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

You acknowledge and agree that by clicking on the button labeled “SUBMIT”,  “PLACE MY ORDER”, “I ACCEPT”, ANY LINK THROUGH WHICH YOU SUBMIT BILLING OR SHIPPING INFORMATION, or such similar links as may be designated by Be Juliet to accept these terms and conditions, you are submitting a legally binding electronic signature and entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by this Agreement. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the “E-Sign Act”), YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SITE OR PRODUCTS OFFERED BY Be Juliet. Further, you waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non- electronic records, or to payments or the granting of credits by other than electronic means.

SECTION 6 - SPECIAL PRICING AND PROMOTIONS

All sale price styles are up to 30% off on the Site (unless explicitly indicated), with prices as marked. All sale merchandise is not final sale unless marked ‘FINAL SALE’. Discount codes can be used during a sale. Taxes and shipping fees, if any, are excluded from any discount. 

ALL domestic and international orders are valid for free shipping. Offer valid online. Taxes and shipping fees, if any, are excluded from any discount. 

Be Juliet reserves the right to modify or cancel online promotions at any time. Sales taxes and shipping fees, if any, are excluded from the discount. One discount cannot be combined with other discount codes. Final amount due to the buyer is displayed at checkout.

We want you to be satisfied with your purchases from this Website. If you wish to return a product, please review our Online Return Policy, which is incorporated herein by reference.

Promotions

Be Juliet will accept the current promotions available to the customer as entered by the customer upon the online checkout. Discount will apply across all items unless otherwise specified.

ALL domestic and international orders are valid for free shipping. Offer valid online.

Taxes and shipping fees, if any, are excluded from any discount. 

 

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools which we neither monitor nor control nor with respect to which do we provide any input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new Services and/or features through the website (including, the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - INTELLECTUAL PROPERTY RIGHTS; USER COMMENTS, FEEDBACK AND OTHER SUGGESTIONS

Copyright

All content included on the Site, including, without limitation, text, articles, design, graphics, logos, user interfaces, button icons, images, photographs, audio clips, video clips, digital downloads, data compilations, and software, and other material on the Site ("Content") is the property of Be Juliet or its licensors, product suppliers, or content suppliers (including users who supply Content) and is protected by applicable copyright laws. The design, selection, arrangement, coordination, and compilation of all Content on the Site are the exclusive property of Be Juliet and are protected by applicable copyright laws. All software used on the Site is the property of Be Juliet or its software suppliers and is protected by applicable copyright laws.

Trademarks

All trademarks, product names, and company names or logos used on the Site are our property or that of their respective owners. No permission is given by us in respect of the use of any such trademarks, get-up, product names, company names, logos, or titles, and such use may constitute an infringement of the holder's rights.

Submissions

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, :comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Be Juliet does not acquire title or other ownership rights in or to any comments made by you. However, you agree that by posting, uploading, inputting, providing or otherwise submitting, offering or disclosing a comment you are: (1) unconditionally granting Be Juliet, its affiliates and sublicensees permission, without compensation to you or any third party, to use your comments in connection with the operation of their businesses (including, without limitation, the Site), including, without limitation, the transferable, non-exclusive, world-wide, royalty-free, perpetual, irrevocable, fully sub-licensable right and license to use, copy, excerpt, distribute, disclose, transmit, display (publicly or otherwise), perform (publicly or otherwise), publish, reproduce, edit, create derivative works from, translate, reformat, host, index, cache, tag, encode, modify and adapt your comments in any manner, for any purpose, without restriction and in any form or media now known or hereinafter developed and to use and publish in connection with your comments your name, image, and other personal information, to the extent submitted by you in connection with your comments; and (2) unconditionally granting to each user of the Site a non-exclusive license to access your comments through the Site and to tag, rate, review, comment on, use, reproduce, distribute, display and perform such comments as permitted through the functionality of the Site and under these Terms of Service. To the extent any right you may have in or relating to any comment cannot be licensed to Be Juliet or its affiliates under any applicable law or under any legal theory, you hereby irrevocably waive any and all such rights, including without limitation rights of publicity, rights of privacy, trademark rights, trade secret rights, patent rights, copyright rights and "moral rights" or other rights with respect to attribution of authorship or integrity of materials. Be Juliet is and shall be under no obligation (1) to maintain any comments in confidence; (2) to treat any comments or the ideas therein as proprietary; (3) to pay to you or any person or entity any compensation for any comments; or (4) to use, return, or respond to any comments.

SECTION 10 - PERSONAL INFORMATION

User Privacy; Data Security

Please review our Privacy Policy, which also governs your visit to and usage of the Site, to understand our practices with respect to usage and handling of user information. 

You acknowledge and agree that the Site is a public space and that your participation in and submissions to the Site create no expectation of privacy. Further, you acknowledge that any personal information you submit to the Site may be seen and used by others. No Be Juliet Party is responsible for information that you or others choose to submit to the Site, or for your actions or the actions of other users. Be Juliet or its designated agents may remove or alter any information, content or submission posted or otherwise disclosed on the Site at any time for any reason.

If you choose to make any of your personally identifiable or other information publicly available as a submission or otherwise on or through the site, you do so at your own risk.

While Be Juliet takes reasonable steps to safeguard and to prevent unauthorized access to your personal information, no Be Juliet Party is responsible for the acts of those who gain unauthorized access, and no Be Juliet Party makes any warranty, express, implied or otherwise, that Be Juliet or any other Be Juliet Party will prevent unauthorized access to your private information.

Your Account

Certain portions of the Site may require you to establish an account, username and password. You are responsible for maintaining the confidentiality of such account, username, and password and agree to accept responsibility for all activities that occur under your account, username or password. You agree to notify us immediately of any unauthorized use of your account, username or password or any other breach of security with respect to the Site. You may not use anyone else’s account, username or password at any time. You may not attempt to gain unauthorized access to the Site. You may not authorize any other person to use your account, username or password. You agree to provide us with accurate, current and complete information about yourself and your billing information as prompted in the registration process, and to maintain and promptly update your registration information to keep it true, accurate, current and complete. You may update your account information by clicking on the “My Account” link on the Site. If we have reasonable grounds to suspect that any information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your registration.

Users' Confirmation

By creating an account on the Site, you hereby confirm and undertake that you are acting as the customer on his/her own account or acting on behalf of the customer to register such account. You represent to us and to all suppliers of the merchandise through our Site that all purchases made by you through our site will be within the scope of your authority to conclude contracts.

Third-Party Websites and Applications

The Site may contain links, hypertext links, log-in interfaces and other connections to third-party websites and applications (including, without limitation, websites, widgets, software and other software utilities) ("Application(s)"). Such Applications may be owned or operated by third parties that are not related to, associated with or sponsored by Be Julient. Applications are provided solely as a convenience to you and Be Juliet is not responsible for and does not sponsor, approve or endorse the content of Applications or its operator. You will need to make your own independent judgment regarding your interaction with Applications. You may choose, at your sole and absolute discretion and risk, to use an Application and such Application may interact with, connect to or gather and/or pull information from and to your Be Juliet account. By using Applications, you acknowledge and agree to the following: (1) if you use an Application to share information about you, your actions on the Site or relating to your Be Juliet account, you are consenting to such information being shared; (2) your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if Be Juliet has not provided such information; and (3) your use of an Application is at your own option and risk and you will hold the Be Juliet Parties harmless from any sharing of information about you, your actions on the Site or relating to your Be Julient account that results from your use of an Application. In addition, each Application's end-user license agreement, terms of use, privacy policy and any other documentation or materials designated by the Application will govern your use of that Application. If you revoke an Application's access to your Be Julient account, information shared prior to revocation may continue to be viewable within, or otherwise continue to be used by, the Application depending on the policies of such Application. The Be Juliet Parties do not take any responsibility for the performance of any Application or the use of any information shared with any Application. Use of Applications is at your own option and risk. If you have any questions, concerns, complaints, or claims about the Applications, you should contact the support or contact personnel of the Application and not Be Juliet.

Communications

Unless otherwise provided, you consent to receive communications from us by e-mail. We will communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you in this manner satisfy any legal requirement that such communications be in writing. In the event where you elect not to provide any direct method of communications to us and strictly rely on notices posted on the Site by us for communication purposes, you acknowledge and agree that we shall have no obligation to contact and/or communicate with you directly for whatever purposes; and where loss, cost, damage, expense and/or liability of any kind are incurred (whether directly or indirectly) as a result of your election, Be Juliet and the Be Juliet Parties shall be indemnified and held harmless by you for and against all such loss, cost, damage, expense and/or liability of any kind.

Third-Party Links

The Site may contain links to other websites. The Be Juliet  Parties are not responsible for examining or evaluating, and the Be Juliet Parties do not warrant the offerings of, any of the businesses or individuals operating such websites or the content of such websites. No Be Juliet Party assumes any responsibility or liability for the actions, products or content of any of these third-party websites. You should carefully review the privacy statements and other conditions of use set forth in such websites. 

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

 Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES 

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

The site and all information, content (including third-party content), materials, products, and services included on or otherwise made available through the site are provided by Be Juliet on an “as-is” and “as-available” basis without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Your use of all products included on, sold through, or otherwise made available through the site is at your sole risk. We do not represent or warrant to you that our site or any of its contents will be accurate, complete, or reliable. No Be Juliet party makes any, and to the full extent permitted by applicable law, each of the Be Juliet parties disclaims all, representations or warranties of any kind, express or implied, as to the operation of the site or the information, content (including third-party content), applications, materials, products, or services included on, sold through, or otherwise made available through the site, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. No Be Juliet party guarantees or warrants the performance of any supplier or other third party, including any such third party's conformance or the conformance of any third party's product or description thereof, to any law, rule, regulation, or policy. We do not represent or warrant that any services (whether or not provided by us) will be provided with due care and skill, or any merchandise (whether or not provided by us) will be of merchantable quality or will be fit for any purpose (even if that purpose has been previously notified to us). Neither Be Juliet nor any other Be Juliet party represents or warrants that the site (including the usage of applications or software), its servers or e-mail sent from Be Juliet (or any part of it) are free of viruses or other harmful components or that the site will operate without interruption or that the site will be defect or error-free. You agree that no data transmission over the Internet can be guaranteed as totally secure. While we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Any information which you transmit to us is transmitted at your own risk.

No Be Juliet party will be liable in any case for any damages of any kind arising from, related to, or in any way connected with the site, the information, content (including third-party content), applications, materials, products, or services included on, sold through, or otherwise made available through the site, the use of the site, any submissions, any links on the site, any applications, any e-mail sent from Be Juliet or any third party's unauthorized access to your personal information, including, but not limited to direct, indirect, incidental, special, punitive, and consequential damages, regardless of whether such damages are based on contract, strict liability, tort or other theories of liability, and also regardless of whether any Be Juliet party was given actual or constructive notice that damages were possible. Without limiting the foregoing, you agree that the aggregate liability of the Be Juliet parties arising from or related to any product ordered from the site, regardless of the form of action or claim, is limited to the purchase price of such product.

The laws of certain jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.

Without limitation to the foregoing, you expressly agree that your use of the site is at your sole risk.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Be Juliet and each of the other Be Juliet Parties from any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees or and demands made by any third party due to or arising out of:(a) your access to or use of the Site or Services; (b) your breach of these Terms; (c) your violation of any law or the rights of a third party; (d) any dispute or issue between you and any third party; (e) your willful misconduct; and (f) any other party’s access to or use of the Services using your account and password or API key. Be Julient reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in that case, you agree to cooperate with Be Juliet’s defense of that claim.

 

SECTION 15 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT AND ASSIGNMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

We may transfer or assign our rights and obligations, in whole or in part, under these Terms of Service and Conditions to any third party without your permission. You may not assign these Terms of Service without our prior written consent.

SECTION 18 - GOVERNING LAW AND DISPUTE RESOLUTION

Governing Law

Except for the “Dispute Resolution” section below, the terms, conditions, and policies contained in these Terms of Service shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its choice or conflict of laws principles. The Federal Arbitration Act will govern the interpretation and enforcement of the “Dispute Resolution” section.

Also, regardless of any statute or law to the contrary (and to the fullest extent permitted by law), you must provide notice to Be Juliet, pursuant to the procedures in the “Dispute Resolution” section below, of any claim within one year of its accrual, or your claim will be waived and barred.

Venue

You and Be Juliet agree that to the extent any dispute, claim, or controversy is permitted to proceed in court (except for small claims court), it shall be brought and heard exclusively in the state and federal courts of New Castle County, Delaware.

The foregoing Governing Law and Venue provisions do not apply to the “Dispute Resolution” section, and we refer you to that section for the applicable provisions for such disputes.

Dispute Resolution

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

This section (the “Arbitration Agreement”) applies to and governs any dispute, controversy, or claim between you and Be Juliet, including but not limited to those that arise out of or relate to: (a) these Terms of Service, including the formation, existence, breach, termination, enforcement, interpretation, validity, scope, or enforceability thereof; (b) access to or use of the Sites or Services, including receipt of any advertising or marketing communications or any information contained on the Sites or Services; (c) any transactions through, by, or using the Sites or Services, including any services purchased or sold through, by, or using the Sites or Services or your use of those services; or (d) any other aspect of your relationship or transactions with Be Juliet. 

Informal Dispute Resolution: You and Be Juliet agree that good-faith informal efforts to resolve disputes often can result in a prompt, low-cost and mutually beneficial outcome. Therefore, before initiating formal proceedings, you and Be Juliet agree to first attempt to work out any such dispute amicably. The initiating party must give notice to the other party in writing of its, his, or her dispute, including a written description of the dispute. For any dispute you initiate, you agree to provide written notice to:

It’s Juliet LLC
ATTN: Legal Department
2108 N St #4501
Sacramento, CA 95816

Your written description must be on an individual basis and personally signed, and also provide at least the following information: your name; the email address associated with your account; a detailed description of the nature and basis of the dispute, including any transaction details; and the specific relief sought and how it was calculated. For any dispute that Be Juliet raises, we will send our written description of the dispute (including the information listed above), signed by an authorized Be Juliet representative, to the most recent delivery address associated with your Account. The initiating party must allow the other party 60 days to respond and attempt to resolve the dispute amicably before initiating an arbitration or other proceeding per the terms set forth below.

You and Be Juliet agree that this informal dispute resolution process is a requirement that must be fulfilled prior to initiating an arbitration proceeding. The applicable statute of limitations period and any filing fee deadlines shall be tolled from the time the initiating party sends their written notice through the 60-day period set forth above.

Mandatory Arbitration: If we’re unable to work out a solution amicably, both you and Be Juliet agree to resolve through binding arbitration, rather than in court, any dispute, controversy, or claim arising at any time, including but not limited to those arising out of or relating to: (i) these Terms of Service, including the formation, existence, breach, termination, enforcement, interpretation, validity, scope, or enforceability thereof; (ii) access to or use of the Sites or Services, including receipt of any advertising or marketing communications and/or any information contained on the Sites or Services; (iii) any transactions through, by, or using the Sites or Services, including any goods or services purchased or sold through, by, or using the Sites or Services and any use of those goods or services; or (iv) any other aspect of your relationship or transactions with Be Juliet. 

Notwithstanding this mandatory arbitration provision, (a) you may assert claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis, and (b) you and Be Juliet each retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement of a party’s intellectual property rights.

This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the effective date of these Terms. 

The Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”), governs the interpretation and enforcement of this Arbitration Agreement and preempts all state laws to the fullest extent permitted by law. If the FAA is found to not apply to any issue that arises from or relates to this Arbitration Agreement, then that issue shall be resolved under and governed by the law of the State of Delaware.

Trial by Jury Waiver

By entering into these Terms of Service, you acknowledge and agree that, with respect to any claim(s) within the scope of this arbitration agreement, you and Be Juliet are each waiving the right to a trial by jury.

Class, Collective, Representative Action Waiver

By entering into these Terms of Service, you and Be Juliet acknowledge and agree that, with respect to any claim(s) within the scope of this arbitration agreement, you and Be Juliet are each waiving the right to bring, join, or participate in, either as a plaintiff or class member, in any purported class, collective, or representative action or proceeding. You and Be Juliet also acknowledge and agree that, unless you and Be Juliet otherwise agree in writing, any arbitration of any claim(s) within the scope of this arbitration agreement will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. You and Be Juliet further acknowledge that the arbitrator may award relief only in a party's favor and only to the extent necessary to provide relief necessitated by such party's individual claim(s), and any relief awarded cannot affect other Be Juliet. The arbitrator may not consolidate more than one person’s claims or engage in any class, collective, or representative arbitration.

Procedures: The arbitration shall be administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “Rules”) in effect at the time the arbitration demand is made. The Rules are available at www.adr.org. In the event of any conflict between the Rules and this Arbitration Agreement, this Arbitration Agreement shall apply. 

The Parties agree to submit to the jurisdiction of a single neutral arbitrator (the “Arbitrator”) selected in accordance with the Rules. The Arbitrator will decide the rights and liabilities, if any, of you and Be Juliet. The Arbitrator will have the authority to award the same damages and relief on an individual basis that a judge in a court of law can award to an individual. The Arbitrator shall follow the applicable law. The Arbitrator’s decision is final and binding on you and Be Juliet.

You and Be Juliet agree that the Arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether this Arbitration Agreement is unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, unconscionability, or estoppel. 

The arbitration will be held in Wilmington Delaware, or a location you and Be Juliet mutually agree upon in writing. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Be Juliet submit to the arbitrator, unless the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the Rules. 

The Rules will govern the payment of all filing, administrative or arbitrator fees (“Arbitration Fees”) and each party will be responsible for their own Arbitration Fees under those Rules or to the maximum extent permitted by law.

Severance of Arbitration Agreement: If this Arbitration Agreement is found to be void, unenforceable, or unlawful, in whole or in part, the void, unenforceable, or unlawful provision, in whole or in part, shall be severed. Severance of the void, unenforceable, or unlawful provision, in whole or in part, shall have no impact on the remaining provisions of the Arbitration Agreement, which shall remain in force, or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement. Notwithstanding the foregoing, if the Class, Collective, Representative Action Waiver above is found to be void, unenforceable, or unlawful, in whole or in part, because it would prevent you from seeking public injunctive relief, then any dispute regarding the entitlement to such relief (and only that relief) must be severed from arbitration and may be litigated in a civil court of competent jurisdiction. All other claims for relief subject to arbitration under this Arbitration Agreement shall be arbitrated under its terms, and the parties agree that litigation of any dispute regarding the entitlement to public injunctive relief shall be stayed pending the outcome of any individual claims in arbitration.

Survival of Arbitration Agreement: Except as otherwise provided in this section, this Arbitration Agreement will survive any termination of these Terms or of your access to the Sites or Services. This Arbitration Agreement will continue to apply even if you or we close your Be Juliet Account.

SECTION 19 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our Website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - EGIFT CARDS - ADDITIONAL TERMS

• By purchasing an eGift Card, you agree to our Gift Card Service Terms, available at https://www.shopify.com/legal/terms-gift-cards.
• eGift Cards are emailed to recipients within one hour after you place your order.
• There’s no expiration date or hidden fees on eGift Cards.
• You can redeem one eGift Card per order.
• eGift Cards are not returnable, refundable or redeemable for cash except as required by law.
• eGift Cards cannot be purchased with coupons, promotional offers or other eGift Cards.
• Use eGift Cards to shop on the Website
• Sold and delivered by Be Juliet

Purchase, acceptance, or use of the Be Juliet eGift Card means accepting the following terms:

1. General Terms Be Juliet eGift Cards are issued by Be Juliet, which is the sole obligor to the eGift Card owner. Distributed at the Site by Be Juliet . Purchase and/or use subject to our Terms of Service, including arbitration agreement, available at https://Be Juliet.com/pages/terms-of-service . We reserve the right to change these eGift Card Terms & Conditions from time to time in its discretion. eGift cards include plastic or physical eGift cards, other stored value cards, digital eGift cards (or “eGift Cards”), or other digital stored value cards (collectively “eGift Card”, “eGift Cards”, “Be Juliet eGift Card” or “Be Juliet eGift Cards”).
2. eGift Cards Redemption Redeemable for merchandise and services purchased by residents of the contiguous United States at Be Juliet eGift Cards cannot be purchased with coupons, promotional offers and are not Autoship eligible. eGift Cards cannot be used to buy other eGift cards or similar stored value products. You are limited to the use of one Be Juliet eGift Card per order. Except for Promotional Cards, which expire on the date printed on the front of the card or card image, or disclosed in the eGift Card email or otherwise, eGift Cards do not expire. There are no fees on any eGift Cards. eGift Cards are not redeemable for cash, except where required by law in particular states. eGift Cards are not transferable from one Be Juliet account to another. If a purchase exceeds your total eGift Card balance, the remaining amount must be paid with another payment method.
3. Purchase Limitations The maximum value on any one eGift Card is $2,000 and total purchases of eGift Cards by any one individual may not exceed $10,000 in one calendar day. Unused eGift Cards may not be transferred. If you return merchandise originally purchased with an eGift Card, any refund will be issued to the eGift Card or in the form of another eGift Card or plastic eGift card. Any merchandise purchased with an eGift Card is subject to the applicable store or online return policies. eGift Cards may be used as personal or business eGifts, but may not be reloaded, resold, used for payment outside of the Site, or used by any third party in connection with any marketing, advertising, or other promotional activities.
4. View Your Balance There are two ways to determine your eGift Card balance: (1) by going to your Be Juliet account at http://www.BeJuliet.com , where all eGift Cards associated with your Be Juliet account will be displayed along with total balance information; or (2) by emailing Be Juliet Customer Service at support@bejuliet.com.
5. Returns You may not return or cancel your eGift Card after activation. If you received an eGift Card as a result of a promotion where a purchase of a product is required and you subsequently return the qualifying product(s) or the order is otherwise canceled prior to shipment, we may cancel the promotional eGift Card or deduct the value of the promotional eGift Card you received from the amount refunded to you upon return of the item.
6. Lost or Stolen eGift Cards If you suspect that someone has copied or stolen your eGift Card, contact support@bejuliet.com  immediately. eGift Cards will not be replaced if lost or stolen without proof of purchase. Only remaining balance on a lost or stolen eGift Card may be provided on a replacement eGift Card. eGift Cards have cash value and should be safeguarded accordingly. Promotional Cards will not be replaced under any circumstances.
7. Risk of Loss Ownership and risk of loss of a eGift Card passes to the purchaser as soon as we send the eGift Card to the recipient email address designated by the purchaser. CPL[?] and It's Juliet are not responsible for lost, stolen, or misdirected eGift Cards. It is the purchaser’s responsibility to provide a correct and updated email address for the recipient.
8. eGift Card Customer Service If you need assistance with any aspect of your purchase, ownership, or use of your eGift Card, please contact us at support@bejuliet.com. Please refer to your order number, or be ready to supply your email address.
9. Delivery Information and Requirements for eGift Card Purchasers If you have concerns about your order and delivery of an eGift Card you have purchased, please contact support@bejuliet.com. Please refer to your order number or be ready to supply your email address. CPL and It's Juliet are not responsible for eGift Cards that are undeliverable or not received due to your failure to enter an accurate email address for the recipient. Please check to make sure the email address of the recipient is correct and contact support@bejuliet.com if you suspect the recipient did not receive his/her eGift Card.
10. Reasons for Failed Delivery eGift Cards are delivered via email. If you have confirmed the recipient's email address but the eGift Card has not been viewed within a reasonable period after the requested delivery date, following is a list of the most common reasons why delivery may have failed:

• Spam filter blocked email or routed it to a bulk/spam folder
• Recipient's firewall blocked the email
• Email inbox is over size limit
• Invalid email address

If a spam filter is blocking our emails from getting to an inbox, the email options will need to be modified so that emails from support@bejuliet.com are not considered spam. If you need further assistance, contact support@bejuliet.com. Please refer to your order number or be ready to supply your email address.

SECTION 21 - MOBILE MESSAGE SERVICE ADDITIONAL TERMS AND CONDITIONS

The Be Juliet mobile message service (the "MMS Service") is operated by Be Juliet. Your use of the MMS Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the MMS Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the MMS Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to use the MMS Service,, you agree to receive recurring SMS/text messages with service-related messages, including: updates, alerts, and information (e.g., order updates, account alerts, etc), and promotions, specials, and other marketing offers (e.g., cart reminders) from us and on our behalf via text messages through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology.

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with It's Juliet. Your participation in this program is completely voluntary.

We do not charge for the MMS Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Standard message and data rates may apply from your wireless provider. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the MMS Service at any time. Click the unsubscribe link in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other It's Juliet mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms. For Service support or assistance, email support@bejuliet.com.

We may change any short code or telephone number we use to operate the MMS Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the MMS Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the MMS Service, any errors in such information, and/or any action you may or may not take in reliance on the information or MMS Service.

SECTION 21 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at support@bejuliet.com.