Terms of Use

Acceptance of the Terms

The following terms of use, (these “Terms”) are entered into by and between you and Becka Citron (“the Company”, “we,” “us” or “our”). These Terms govern your access to and use of our website, https://www.beckacitron.com (the “Site”) along with any other products or services offered by us, whether through the Site or otherwise (collectively and together with the Site, the “Services”).

Please read these Terms carefully. By accessing, browsing or otherwise using the Services or by clicking to accept or agree to the Terms when this option is made available to you, you (1) acknowledge that you have read and understood these Terms, (2) represent and warrant that you meet all of our eligibility requirements for using the Services as described in these Terms, and (3) accept and agree to be bound by these Terms, including any other terms applicable to the Services that are incorporated herein by reference. If you are using the Services on behalf of an entity, you are agreeing to these Terms for that entity and are representing to us that you have the authority to bind that entity to these Terms (in which case “you” will refer to that entity). If you do not accept these Terms or do not satisfy the eligibility requirements set forth below, you may not access or use the Services.

Privacy Policy

Your use of, and participation in, the Services offered by the Company is subject to the terms set forth in our privacy policy. Our Privacy Policy details how we collect and use your information.

Changes to the Terms of Use

We reserve the right to update and revise these Terms at any time. Any such changes are effective immediately when we post them and apply to all access to and use of the Services thereafter. Please review these Terms regularly because once we post any changes, your continued use of the Services constitutes your acceptance of the revised Terms.

Access to Services

By accessing the Services, you warrant that:

  1. You are legally capable of entering into binding contracts;

  2. All registration information you submit is truthful and accurate;

  3. You will maintain the accuracy of such information;

  4. and Your use of the Services does not violate any applicable law or regulation.

To access our Services, you may be required to register with the Site and create a user account (“Account”). If you create an Account, you are solely responsible for any activity that occurs through your Account. In order for us to provide you the best possible service, you agree to provide us with complete, accurate, and updated information for your Account at all times. You agree that all information that you submit to the Site is accurate and truthful and you have the right to post the content on the Service and grant a license to Becka Citron. If any information is incorrect or outdated, it can lead to errors or delays, for which we will not be responsible.

Payment Processor; Third Party Service Provider

You agree to provide current, complete and accurate purchase and account information for all services purchased. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. For more detail, please review our Returns Policy.

In the course of your use of the Services, third party payment service providers may receive and implement updated credit card information from your credit card issuer in order to prevent your payment or subscription from being interrupted by an outdated or invalid card. This disbursement of the updated credit card information is provided to third party payment service providers at the sole election of your credit card issuer. Your credit card issuer may give you the right to opt-out of the update service. Should you desire to do so, please contact your credit card issuer.

Our obligation to provide the Services only comes into being when we take receipt of your purchase of the Services. You agree not to hold us responsible for banking charges incurred due to payments on your account. 

Payment Cancellation

A credit card number is required to hold your appointment and you are able to cancel or reschedule an appointment up to 24 hours beforehand. Any skipped appointments, cancellations, or reschedules after that will politely be declined and charged the full service fee to the credit card with which the appointment was booked. Individual sessions that are part of a package that are skipped or cancelled after 24 hours will be deducted from your package.

Changing Fees and Charges

Prices are subject to change without notice. We reserve the right to modify or discontinue the Services (or any part or content thereof) or pricing models in place 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.

Cancellations by Us

We may suspend or terminate your use of the Services as a result of your fraud or breach of any obligation under these Terms. Such termination or suspension may be immediate and without notice. A breach of these Terms includes, without limitation, the unauthorized copying or download of content from the Site.

Eligibility; User Restrictions

We only permit individuals who are at least 18 years old, or the age of majority in your province, territory or country, and who can form legally binding contracts with us to use the Services. Individuals under the age of 18, or the applicable age of majority, (“Minors”) may utilize the Services only with the consent and support of a parent, legal guardian or other qualified adult. If you are a parent or guardian and you allow your Minor to use the Services, you agree to be bound by the Minor’s use of the Services and by these Terms. If you are a Minor and do not have the requisite parent or guardian consent, please do not attempt to access or use the Services.

You can only use or receive the Services to the extent the laws of your jurisdiction or the United States do not bar you from doing so. Please make sure these Terms are in compliance with all laws, rules and regulations that apply to you. You are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

Use of the Services; Restrictions on Use

We may from time to time in our sole discretion develop and provide updates to the Services, change the Services, restrict access to the Services (including to registered users) or withdraw or terminate the Services entirely, and we reserve the right to do so in our sole discretion without notice. Any such updates or changes will be deemed part of the Services and subject to all terms and conditions of these Terms. We will not be liable to you or any third party for any modification, suspension or discontinuance of the Services. In the event of modification or termination, you will still be bound by your obligations under these Terms, including the warranties made by you, and by the disclaimers and limitations of liability.

Links to Third Party Websites

We may provide links to third party websites or services for you to access. You acknowledge that any access is at your sole discretion and for your information only. We do not review or endorse any of those websites or services. We are not responsible in any way for: (a) the availability of, (b) the privacy practices of, (c) the content, advertising, products, goods or other materials or resources on or available from, or (d) the use to which others make of these other websites and services. We are also not responsible for any damage, loss or offense caused or alleged to be caused by, or in connection with, the use of or reliance on such websites or services.

Intellectual Property

Except as otherwise expressly granted to you in these Terms, we reserve and retain all right, title and interest in the Services, including without limitation, photography, site design, text, video, graphics, logos, images and icons, as well as the arrangement thereof. You acknowledge that the Services contain proprietary content, information and material protected by applicable intellectual property and other laws, including but not limited to copyright and trademark laws, and you agree that, except with our prior written consent or as explicitly provided in these Terms, using the Services does not (1) give you any ownership of any intellectual property rights in our Services or (2) grant you the right to display, modify, reproduce, distribute, create derivative works of, download, store, transmit or otherwise use any of our intellectual property. Any unauthorized use of any content or materials on the Services is strictly prohibited and violates copyright, trademark, and/or other intellectual property laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes.

You may not access or use for any commercial purposes any part of the Site or any services or materials available through the Site. You acknowledge and agree that you do not acquire any ownership interest in the Services under these Terms, or any other rights thereto other than to use the Services in accordance with the license granted. Appropriate legal action may be taken for any illegal or unauthorized use of the Services.

To inquire about obtaining authorization to use the materials or content other than as permitted in these Terms, please contact us at hello@beckacitron.com

Third Party Materials and Content

You understand that the Services may display, include, or make available content, data, information, applications or materials from third parties or provide links to certain third party web sites (“Third Party Materials”). In consideration for the Company allowing you to use the Services, you agree that we, our affiliates, and third party partners may place advertising on the Services.

You acknowledge and agree that the Company is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials. We expressly disclaim any responsibility for all aspects of the Third Party Materials and you further acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services in connection with any Third Party Materials.

Use of any third party trademarks or third party content on or in connection with the Services does not constitute affiliation with or endorsement of these third parties. Nothing in these Terms grants you any license to third party trademarks or content, which shall remain the property of their respective owners.

Trade Account

Third Party Purchases

If you purchase certain items (“Items”) offered by third parties through the Services, You are responsible for arranging all deliveries, accepting all deliveries and associated costs. Any returns and exchanges of Items for whatever reason are the sole responsibility of the client. It is your responsibility to check custom order quotes and/or order confirmations for accuracy. The Company does not take responsibility for any orders placed incorrectly with your approval and does not track Item orders. The Company is not responsible for delays or cancellations on behalf of any Third Party and does not assemble furniture or any other ordered Items. The Company has no liability or responsibility for any matter arising out of the transaction between you and any Third Party.

Item Accuracy

We make no representations about accuracy, reliability, completeness, or timeliness of any contents of the Service, including Items and designs. Similarly, we make no representations about accuracy, reliability, completeness, or timeliness of any data or Items or Services from a third-party service provider or the quality or nature of third-party products or services obtained through the Service. The Company makes no representations that the Items depicted on our website or on a third party or Trade Account’s website will accurately, reliably, or completely reflect the actual Item purchased and delivered to you. Use the Service at your own risk.

User Disputes

We are not responsible for any disputes or disagreements between you and any third party you interact with using the Service. You assume all risk associated with dealing with third parties and contractors. You agree to resolve disputes directly with the other party. You release the Company of all claims, demands, and damages in disputes among users of the Service. You shall not involve us in such disputes. Use caution and common sense when using the Service. If you participate in an installation, you are solely responsible for your interactions with other third parties. You understand that the Company does not currently conduct background checks, including criminal background checks, on its third parties. The Company makes no representations or warranties as to the conduct of other third parties.

In no event will the Company be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with your use of the Service, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other users of this service or persons you meet through the Service. You assume all risk when engaging the Services, including but not limited to any risks associated with obtaining Services, including all risks of physical or emotional injury or harm resulting any way or arising out of installation services or clients obtained through the Service. All users hereby expressly agree not to hold the Company liable for any installation, instruction, advice or services delivered which originated through the Service and the released parties expressly disclaim any liability whatsoever for any damage, suits, claims, and/or controversies that arise or related in any way to the Service, the information provided through the Service and the services provided by or to any user of the Service.


Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services or your use of any information obtained through the Services.

Governing Law

No matter where you’re located, the laws of the State of New York will govern these Terms and the relationship between you and the Company as if you signed these Terms in New York, without regard to New York State’s conflicts of laws rules. If any provisions of these Terms are inconsistent with any applicable law, those provisions will be superseded and/or modified only to the extent such provisions are inconsistent. The parties agree to submit to the federal or state courts in New York for exclusive jurisdiction of any dispute arising out of or related to your use of the Services or your breach of these Terms.

Severability

If it turns out that any part of these Terms is invalid, void, or for any reason unenforceable, that term will be deemed severable and limited or eliminated to the minimum extent necessary. The limitation or elimination of the term will not affect any other terms.


Waiver

If we do not enforce any part of these Terms, it does not mean we give up the right to later enforce that or any other part of these Terms. In order for any waiver of compliance with these Terms to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.

Release

You release the Company and our successors from all losses, damages, rights, and demands and actions of any kind, including personal injuries, death, and property damage, that are directly or indirectly related to or arise from your use of the Services (collectively, “Claims”). If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his favor at the time of executing the release, which, if known by him would have materially affected his settlement with the debtor.” This release does not apply to any Claims for unconscionable commercial practice by the Company or fraud, deception, false, promise, misrepresentation or concealment, or suppression or omission of any material fact in connection with the Services.

Comments, Concerns and Complaints

All feedback, comments, requests for technical support and other communications relating to the Services should be directed to: hello[at]beckacitron[dot]com