TERMS OF USE

Please ensure you have read all of our terms of use and privacy policy thoroughly. By accessing, using or browsing www.byer.com (the "Byer Site"), this assumes you have read and are in agreement with all of our policies and terms. If you do not agree to the Terms of Use for the Byer Site, do not use the Byer Site.

 

1.  USE OF THE BYER SITE

 

You represent and warrant that you are at least 18 years old or visiting the Byer Site under the supervision of a parent or guardian.

Subject to the terms and conditions of this Agreement, we hereby grant you a limited, revocable, non-transferable and non-exclusive license to access and use the Byer Site by displaying it on your internet browser only for the purpose of shopping for personal items sold on the Byer Site and not for any commercial use or use on behalf of any third party, except with our express written permission in advance of such use. Any breach of these Terms of Use shall result in the immediate revocation of the license granted in this paragraph without notice to you.

 

Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit the Byer Site or any portion of it unless expressly permitted by us in writing. You may not make any commercial use of any of the information provided on the Byer Site or make any use of the Byer Site for the benefit of another business except with our express written permission in advance of such use. We reserve the right to refuse service, terminate accounts, and/or cancel orders at our discretion, including, without limitation, if we believe that customer conduct violates applicable law or is harmful to our interests.

 

You shall not upload, distribute, or otherwise publish through the Byer Site any content, information, or other material, including text, graphics, information, images, illustrations, designs, icons, photographs, video clips, sounds, music, artwork, computer code and other materials ("Content") that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of Byer California or any other person or entity; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties.

 

Content provided on this site is solely for informational purposes. Submissions or opinions expressed on the Byer Site are that of the individual expressing such submission or opinion and may not reflect our opinions.

 

We may assign you a password and account identification to enable you to access and use certain portions of the Byer Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Byer Site in a manner consistent with these Terms of Use, and we have no obligation to investigate the authorization or source of any such access or use of the Byer Site. 

 

YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE. 

 

You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of the Byer Site's security.

 

2.  INTELLECTUAL PROPERTY

 

The Byer Site is owned and controlled by Byer California, and unless otherwise agreed in writing, all materials on the Byer Site, including text, graphics, information, content, images, illustrations, designs, icons, photographs, video clips, sounds, music, artwork, computer software code and other materials, and the copyrights, trademarks, trade dress and/or other intellectual property rights in such materials (collectively, the “Intellectual Property”), are owned, controlled and/or licensed by Byer California. The Intellectual Property is protected by U.S. and/or international copyright law, trademark law, and other applicable law. The use of any of our trademarks or service marks without our express written consent is strictly prohibited. You may not use our trademarks or service marks in connection with any product or service in any way that is likely to cause confusion. You may not use our trademarks or service marks in any manner that disparages or discredits us. You may not use any of our trademarks or service marks in meta tags without prior express consent in writing.

 

3.  PRODUCTS AND SALES

 

Product Descriptions

In describing and portraying our products on the Byer Site, we attempt to be as accurate as possible. However, we do not warrant that the product descriptions or other content of the Byer Site is accurate, complete, reliable, current, or error-free. We reserve the right to correct any typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing and availability from time to time without prior notice. If a product offered on the Byer Site is not as described, your sole remedy is to return it to us. Please see our Return Policy for details or contact our Consumer Relations team at (415) 626-7844.

 

Colors

We have made every effort to display as accurately as possible the colors of our products that appear on the Byer Site. We cannot guarantee that your computer monitor’s display of any color will be accurate, complete, reliable or error-free.

 

Shipping

When you place an order on the Byer Site, we will ship your order to the address designated by you as long as that shipping address is within the United States, excluding Alaska and Hawaii, and compliant with the shipping restrictions set out on at the Byer Site. We may require verification of information prior to the acceptance and/or shipment of any order. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer.

 

Risk of Loss

All items purchased on the Byer Site are made pursuant to a shipping contract. This means that the risk of loss for all items purchased pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.

 

4.   LINKS TO OUR WEBSITES; THIRD PARTY LINKS ON OUR WEBSITES

 

Creating or maintaining any link from another website to any page on the Byer Site without our prior written permission is prohibited. Running or displaying the Byer Site or any information or material displayed on the Byer Site in frames or through similar means on another website without our prior written permission is prohibited. Any permitted links to the Byer Site must comply will all applicable federal and state laws, statutes, rules and regulations.

From time to time, the Byer Site may contain links to other websites that are not owned, operated or controlled by Byer California, or our trusted business partners. All such links are provided solely as a convenience to you. If you use these links, you will leave the Byer Site, and we cannot be responsible for any content, materials, information or events that are present on or that occur on websites that are not owned, operated or controlled by Byer California

 

5. CHANGE IN WEBSITES AND CONTENTS

 

We reserve the right, at any time in our sole discretion, to: modify, suspend or discontinue the Byer Site or any service, content, feature or product offered through the Byer Site, with or without notice; charge fees in connection with the use of the Byer Site; modify and/or waive any fees charged in connection with the Byer Site; and/or offer opportunities to some or all users of the Byer Site. You agree that we shall not be liable to you or to any third party should any of the foregoing occur with respect to the Byer Site.

 

6. DISCLAIMERS; LIMITATIONS ON LIABILITY; INDEMNITY

 

YOUR USE OF THE BYER SITE IS AT YOUR RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON THE BYER SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

 

Byer California does not assume any responsibility for any damages to, or any viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing any of the Byer Site, or your downloading of any information or materials from the Byer Site.

 

IN NO EVENT WILL BYER CALIFORNIA OR ANY OF ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEB SITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEB SITE, ANY WEB SITES LINKED TO THIS WEB SITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEB SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

 

If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if we are otherwise found to be liable to you in any manner, then our aggregate liability for all claims under such circumstances for liabilities shall not exceed the lesser of:  (i) the amount paid by you for your use of the Website during the prior twelve (12) months; or (ii) ten dollars ($10).

You agree to defend, indemnify and hold harmless Byer California, its officers, directors, employees, business partners and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from: (i) any breach by you of any of these Terms, (ii) your User Communications, (iii) your use of materials or features available on the Website (except to the extent a claim is based upon infringement of a third party right by materials created by Byer California.) or (iv) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.

 

7. GOVERNING LAW; SEVERABILITY; WAIVER; DISPUTE RESOLUTION

 

It is your responsibility to ascertain and obey all applicable local, state, federal and international laws, statutes, rules and regulations (including minimum age requirements) related to the use of the Byer Site. Any dispute arising out of, or relating to, the use of any of the Byer Site will be governed by and construed in accordance with the laws of the State of California without regard to any principles of conflicts of law.

If any part of these Terms of Use shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of the Terms of Use.

Any failure by us to partially or fully exercise any rights or the waiver of any breach of the Terms of Use by you, shall not prevent a subsequent exercise of such right by us or be deemed a waiver by us of any subsequent breach by you of the same or any other term of the Terms of Use. Our rights and remedies under the Terms of Use shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.

Any claim arising out of, or relating to, the Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between Byer California and you arising out of or in connection with your use of the Byer Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law in the courts of the State of California presiding over San Francisco, California.

 

8. ADDITIONAL ASSISTANCE

 

If you have any questions or concerns about the Terms of Use, please send an email to customerservice@byerca.com; call us Toll-Free at 1-844-628-4498; or write to us at:

Byer California
Attn: eCom Team
66 Potrero Avenue
San Francisco, California  94103

 

 

B LOYAL PROGRAM TERMS AND CONDITIONS

 

1.  MEMBERSHIP AND ELIGIBILITY

 

The B LOYAL Program (“Program”) is a rewards program offered by Byer California (“ByerCA”) to its customers residing in the United States with valid photo ID. Membership in the Program ("Membership") is limited to individuals only and is limited to one account per individual. Employees, officers, directors, agents and representatives of ByerCA and its affiliates are not eligible for Membership and will be excluded from all program promotions. You must be age 18 years or older to be eligible for Membership.

By submitting an application for Membership in the Program, you agree to be bound by these terms and conditions (“Terms”). NO PURCHASE IS NECESSARY TO BECOME A MEMBER. The Program is void where prohibited by law. If any part of these Terms is found to be void or unenforceable under applicable law, all other parts of the Terms will still apply.

 

Affiliates of ByerCA may also have similar customer programs. Membership in the Program does not confer any rights or benefits in the program of any other ByerCA affiliate.

 

You are responsible for any tax liability related to your participation in and/or your purchase and/or receipt of any of the benefits associated with the Program.

 

2.  EARNING AND REDEEMING PROGRAM REWARDS

 

Under the Program, you earn one (1) point for every U.S. dollar spent on merchandise (excludes taxes and/or shipping) in the United States ByerCA retail stores. Every 100 points earned receives a $5 Reward. A Reward is active and is redeemable on merchandise the day following the day the 100 points are earned. You must provide your B LOYAL e-mail address or phone number to have any points credited to your Loyalty Fund.

 

Subject to the termination provision of these Terms, points do not expire. Points may be redeemed for rewards (“Rewards”) to be determined by ByerCA in its sole discretion; provided, however, that in order to redeem your points for any Reward, you must (1) accumulate a minimum number of points as established by ByerCA and/or (2) make an additional purchase of merchandise from ByerCA at the time that you redeem your points. Program members are able to redeem an unlimited number of Rewards per transaction. Program members cannot redeem more than 100 of any one unique Reward per year. Points have no cash value and can only be redeemed for Rewards. ByerCA may, in its discretion, allow points to be redeemable for other items of merchandise from time to time. However, points are never redeemable for cash.

 

For return transactions, Reward Points will be returned to customer’s loyalty account balance. For exchanges where Reward Points were used as a form of tender in the original transaction, those Reward Points will be transferred to the exchange transaction. Reward Items are available with point redemption while supplies last and substitutions by ByerCA may occur. Rewards cannot be earned or redeemed online at BYERCA.com. Online purchases cannot be adjusted for Reward Points in store at any time.

 

3.  AGREEING TO BYERCA'S PRIVACY POLICY AND EMAIL

 

ByerCA values your privacy. The personal information collected from each member, including purchase history and credit card information will only be used and disclosed by ByerCA for the purpose of the administration of the Program, internal analysis for marketing purposes, and as otherwise permitted by ByerCA's Privacy Policy. By submitting an application for Membership in the Program, you agree to be bound by ByerCA's Privacy Policy and Terms of Use. Please see ByerCA's Privacy Policy and Terms of Use at www.byerca.com/terms-and-conditions. ByerCA and its independent contractors have no control over, and no responsibility or liability for, the use by any merchants or other third parties of your personal information or any other information that such parties independently obtain from you or that is given to such parties to process your transactions or fulfill your benefits. You should check their privacy policies before entering into any transaction with them to obtain these benefits. ByerCA will protect your information as set forth in ByerCA's Privacy Policy Terms of Use at www.byerca.com/terms-and-Conditions.

 

By submitting an application for Membership in the Program, you agree to receive advertising, marketing materials and other communications from ByerCA. By signing up to join the Program, you will automatically be subscribed to receive Program emails. If you do not wish to receive these communications, you can opt out by unsubscribing from our mailing list using the link found in one of our Program emails.

 

4.  CHANGES, TERMINATION AND/OR REMOVAL FROM PROGRAM

 

ByerCA may, in its sole discretion, alter, limit, or modify the Program rules, regulations, benefits, eligibility for Membership, or any other feature of the Program (including assigning any of its obligations to customers under the Program at any time to another person or entity, without recourse) or may terminate the Program any time at its sole discretion, by posting any such changes on the ByerCA website, and you waive any right you may have to specific notice of any such changes. It is your responsibility to check or review these Terms from time to time to keep informed of any changes. Should you object to any modification of these Terms or the Program, or become dissatisfied with the Program, your only recourse is to immediately discontinue participation in the Program and terminate your Membership.

 

ByerCA reserves the right to exclude individuals from the Program in its sole discretion. Any abuse of the Program, failure to follow any terms of the Program, Membership inactivity for more than 24 months, any misrepresentation or any conduct detrimental to the interests of ByerCA, in ByerCA's sole determination, may subject members to Membership revocation and will affect eligibility for further participation in the Program. Membership is non-transferable and Membership purchases must be made by the member. If your Membership is revoked or otherwise cancelled, any points in your account will automatically expire. ByerCA reserves the right to make changes to its website and these Terms at any time. By joining the Program, you hereby agree to be bound by any such changed Terms.

 

Without limiting the foregoing, ByerCA reserves the right to terminate the Program at any time in its sole discretion and without notice to you. If the Program is terminated, you will no longer earn points or other rewards. Any points or rewards already earned must be redeemed or used within ninety (90) days or they will expire. You waive any right you may have to specific notice of termination of the Program.

 

5.  LIMITATION OF LIABILITY

 

BYERCA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR PARTICIPATION OR MEMBERSHIP IN THE PROGRAM, INCLUDING DAMAGES ARISING OUT OF CHANGES TO OR TERMINATION OF THE PROGRAM. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES. TO THE EXTENT PERMITTED BY LAW, THE LIMITATIONS ON BYERCA'S LIABILITY SET FORTH HEREIN SHALL APPLY WHETHER FOR BREACH OR REPUDIATION OF CONTRACT, OR WHETHER IN TORT, CIVIL LIABILITY BY WAY OF NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BY AGREEING TO THESE TERMS, YOU WILLINGLY AGREE THAT YOU HAVE RELINQUISHED YOUR RIGHT TO SEEK THESE DAMAGES FROM BYERCA AND THAT THIS IS A REASONABLE ALLOCATION OF RISK. 

 

6.  COPYRIGHT

 

All Program design, text, graphics, logos, button icons, images, audio clips, the selection and arrangement thereof, and all proprietary software are the copyrighted property of ByerCA (copyright 2016 Byer California), ALL RIGHTS RESERVED. The compilation (meaning the collection, arrangement and assembly) of all Program content is the exclusive property of ByerCA and protected by U.S. and international copyright laws. All software used in connection with the Program is the property of ByerCA or its software suppliers and is protected by U.S. and international copyright laws.

 

7.  TRADEMARKS

 

The words "Byer," "Byer California," "B LOYAL," "BE LOYAL. BE REWARDED.," "BYERCA.com," the B LOYAL logo, and all page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of ByerCA and may not be used in connection with any product or service that is not offered by ByerCA in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits ByerCA. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.

 

8.  APPLICABLE BY LAW

 

The Program is created and controlled by ByerCA in the State of California, U.S.A. As such, the laws of the State of California will govern these disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws.

 

9.  ARBITRATION OF DISPUTES AND CLASS ACTIONS

 

Any dispute, claim or controversy arising out of or relating to these Terms or the Program or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined exclusively by arbitration in the City and County of San Francisco, California before a single arbitrator. The arbitration shall be administered by JAMS, AAA, ADR Services or similar provider of arbitration services. Judgment on the award may be entered in any court located in the City and County of San Francisco. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court located in the City and County of San Francisco.

 

YOU AGREE NOT TO BRING A DISPUTE AGAINST BYERCA IN A CLASS ACTION, REPRESENTATIVE ACTION, OR SIMILAR PROCEEDING IN COURT OR ARBITRATION. YOU ALSO AGREE NOT TO BRING A DISPUTE AGAINST BYERCA ON BEHALF OF ANY OTHER PERSON, AND YOU AGREE THAT NO OTHER PERSON MAY BRING A DISPUTE AGAINST BYERCA ON YOUR BEHALF. YOU MAY NOT JOIN A DISPUTE IN A SINGLE COURT ACTION WITH ANOTHER DISPUTE OF ANY PERSON. IF YOU TRY TO ASSERT ANY DISPUTE IN A CLASS ACTION OR SIMILAR PROCEEDING, BYERCA CAN REQUIRE THAT IT BE RESOLVED IN INDIVIDUAL (NON-CLASS) PROCEEDINGS. YOU AGREE NOT TO BRING A DISPUTE AGAINST BYERCA IN A PRIVATE ATTORNEY GENERAL ACTION IN COURT OR ARBITRATION. 

 

This provision will survive termination of the Program and these Terms or your relationship with ByerCA.

 

10.  ADDITIONAL INFORMATION ON THE PROGRAM

 

If you have any questions regarding the Program, you may email us at customerservice@byerca.com or call 1-844-628-4498.

 

 B LOYAL