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RULES GOVERNING THE USE OF THIS SITE

Welcome to www.beandd.com. Please read the following terms ("Terms") carefully before using this site. Your decision to access or use our site will indicate your agreement to be governed by these Terms. Be & D reserves the right to make changes to our site and these disclaimers, terms and conditions at any time. By using beandd.com after any such change, you agree to comply with, and to be bound by, the Terms as changed.

COPYRIGHT, TRADEMARK, AND OTHER INTELLECTUAL PROPERTY PROTECTION

Be & D, and all material on this website, is protected by copyright, trademark, and other intellectual property rights. You may not modify the information or materials located on this Web Site in any way or reproduce or publicly display, perform, or distribute or otherwise use any such materials for any public or commercial purpose. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations.

LINKS

From time to time, beandd.com may contain links to other sites. Be & D is not responsible for the availability of, or any content or material contained in, or obtained through, any such sites. Any link to another site, and reference to third-party information, products or services linked to this Site, is not, and should not be construed as, an express or implied endorsement by Be & D. If you decide to access any other Web site linked to or from this Web Site, you do so entirely at your own risk.

PRODUCTS

The Be & D products depicted in this Site are representative of the Be & D collection. Not all Be & D products are shown on this Site and other colors and styles may be available in stores. The style, designs and colors of the Be & D products shown in this Site may be changed without notice and prices are subject to change. We have made every effort to display accurately the color of the products depicted on this Site. However, we cannot guarantee that the actual colors displayed on your monitor are accurate.

SUBMISSIONS

You agree that any and all comments, messages, postings, data, suggestions, creative ideas, designs, concepts, product suggestions and other items or materials disclosed, submitted or offered to Be & D through or in connection with this Site ("Submissions"), including, but not limited to, survey responses, shall be treated as non-confidential and not proprietary and shall become, and remain, Be & D property. Such disclosure, submission or offer of any Submission shall constitute an assignment to Be & D of all rights, title and interests in all copyrights and other rights in the Submission. You are and shall remain solely responsible for the content of any Submission you make.

DISCLAIMER

Material in this Site may contain inaccuracies or typographical errors. Be & D shall not be liable or responsible for any loss or damage caused by or arising from any user's reliance on information obtained from or through this Site. It is your responsibility to evaluate the information and other content available through this Site. This Site and the information and materials contained in this Site are subject to change at any time, and from time to time, without prior or subsequent notice.

NO WARRANTIES

This site and the contents of this site are provided on an "as is" and "as available" basis. Be & D makes no representations or warranties of any kind, express or implied, including, but not limited to, warranties of title or freedom from malicious programs (such as viruses, worms or trojan horses) or implied warranties of merchantability or fitness for a particular purpose, with respect to this site or its contents and expressly disclaims any representations and warranties. Be & D does not represent or warrant that the information contained in this site is accurate, complete or up-to-date, that this site is free of defects or that any defects will be remedied. You agree, by using this site, that your use of this site is at your sole risk, that you assume full responsibility for all loss of use, loss of data and costs associated with all necessary servicing or repairs of any equipment and/or software that you use in connection with this site, and that Be & D shall not be responsible or liable for any damages of any kind whatsoever arising out of, caused by or related to your use of this site. Where applicable law does not allow the exclusion of implied warranties, some or all of the foregoing disclaimers of warranty may not apply to you.

LIMITATION OF LIABILITY

In no event shall Be & D be liable for any actual, direct, indirect, special, punitive, incidental, exemplary or consequential damages, or any other damages whatsoever, even if Be & D has been previously advised of the possibility of such damages, whether in an action under contract, tort or under any other theory, arising out of or in connection with the use, inability to use, or performance of the information, products and materials on this site. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, some or all of the above limitations may not apply to you.

INDEMNITY

You agree to defend, indemnify and hold harmless Be & D, its affiliates and their officers, directors, employees and shareholders from and against any and all claims, damages, losses, costs and expenses, including, but not limited to, reasonable attorneys' fees and court costs, arising from or related to your use of this Site.

MISCELLANEOUS

These Terms and your use of this Site shall be governed under the laws of the State of New York, without regard to its conflict of law principles. We reserve the right to make changes to our site and these disclaimers, terms and conditions at any time. You should visit this page from time to time to review the then current Terms and Conditions because they are binding on you.

If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, please contact us at info@beandd.com

All Rights Reserved. June 2009.



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