Terms and Conditions

Agreement between User and www.beamaker.school

Welcome to www.beamaker.school. The www.beamaker.school website (the "Site") is composed of various web pages operated by Be A Maker School ("BAMS") of Nevada Watt Products LLC. www.beamaker.school is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of www.beamaker.school constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

www.beamaker.school is an E-Commerce Site offering online courses in the western trades.

Orders

Any order placed on a site belonging to the company Be A Maker School implies full and unreserved acceptance of these general conditions of sale.

Price

The prices are indicated in USD Dollars, all taxes included, excluding shipping and processing of your order. The price of items can be changed at any time. However, the price applied to an order will be that announced at the time of the order.

Payment

Payment is due immediately on the date of the order, including for pre-order products. You can pay by credit card. Cards issued by banks domiciled outside France must be international bank cards (Mastercard or Visa). We do not accept American Express. Secure online payment by credit card is made through the company Stripe. The information transmitted is encrypted by software in the rules of the art and cannot be read during transport over the network. Any guarantee as to the security of this system is entirely the responsibility of the company Stripe and cannot be attributed to us.

Delivery

Delivery is made to the address you specified when placing your order (therefore, pay particular attention to the spelling of the address you enter and especially the postal code). The risks will be your responsibility from the date on which the ordered products have left our premises. However, in the event of a lost package, we will do everything necessary so that you still receive your product or that you are reimbursed according to your warranty.

Electronic Communications and Protection of Personal Data

Visiting www.beamaker.school or sending emails to BAMS constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email or phone number and on the Site, satisfy any legal requirement that such communications be in writing. By entering your email address on one of our network sites, you will receive emails containing information and / or promotional offers concerning products published by the company Be A Maker School or by other partners. You can unsubscribe at any time. You just have to click on the link at the end of our emails. This link is preceded by the words “To unsubscribe or change subscriber options visit:” (understand: to unsubscribe or change your registration options, click below).

In accordance with the Data Protection Act of 6 January 1978, you have the right to access and rectify personal data concerning you. We declare all of our files to the National Commission for Data Protection. By adhering to these general conditions of sale, you acknowledge having read our personal data protection policy and consent to our collection and use of this data.

Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that BAMS is not responsible for third party access to your account that results from theft or misappropriation of your account. BAMS and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Cancellation/Refund Policy

BAMS reserves the right to process cancellation requests as received and issue refunds when deemed necessary.

Children Under Thirteen

BAMS does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.beamaker.school only with permission of a parent or guardian.

Links to Third Party Sites/Third Party Services

www.beamaker.school may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of BAMS and BAMS is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. BAMS is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by BAMS of the site or any association with its operators.

Certain services made available via www.beamaker.school are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.beamaker.school domain, you hereby acknowledge and consent that BAMS may share such information and data with any third party with whom BAMS has a contractual relationship to provide the requested product, service or functionality on behalf of www.beamaker.school users and customers.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use www.beamaker.school strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to BAMS that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, videos, as well as the compilation thereof, and any software used on the Site, is the property of BAMS or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. BAMS content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of BAMS and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of BAMS or our licensors except as expressly authorized by these Terms.

International Users

The Service is controlled, operated and administered by BAMS from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the BAMS Content accessed through www.beamaker.school in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless BAMS, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. BAMS reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with BAMS in asserting any available defenses.

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and BAMS agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. BE A MAKER SCHOOL AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

BE A MAKER SCHOOL AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. BE A MAKER SCHOOL AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BE A MAKER SCHOOL AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF BE A MAKER SCHOOL OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/Access Restriction

BAMS reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Oregon and you hereby consent to the exclusive jurisdiction and venue of courts in Oregon in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and BAMS as a result of this agreement or use of the Site. BAMS's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of BAMS's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by BAMS with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and BAMS with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and BAMS with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

BAMS reserves the right, in its sole discretion, to change the Terms under which www.beamaker.school is offered. The most current version of the Terms will supersede all previous versions. BAMS encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

BAMS welcomes your questions or comments regarding the Terms:

Be A Maker School

33121 Rock Creek Lane

Frenchglen, Oregon 97736

Email Address:

info@beamaker.school

Effective as of January 01, 2023