Terms of Use

Please read these Terms of Use (the “Terms”) carefully before you start to use this website. The website, including but not limited to https://beyond-miracles.com/ (the “Website”), is owned by Beyond Miracles, LLC (“Company,” “we,” “us,” “our”). Company and its affiliates provide the Website to you (the “user”, “you”, and “your”, as applicable) for your personal use only and subject to your acceptance of and compliance with these Terms.These Terms are effective as of March 14, 2023. This version of these Terms replaces and supersedes any prior terms of use applicable to the Website.You may use the Website for lawful purposes only, in accordance with these Terms. You agree to abide by all applicable international, federal, state, and local laws and regulations in your use of the Website.

1. Binding Effect

These Terms constitute a legally binding agreement between you and Company. By using the Website, you: (1) acknowledge that you have read and understood these Terms; (2) represent that you are 18 years of age or older and of legal age to enter into a binding agreement; and (3) accept these Terms and agree that you are legally bound by them. Your use of the Website manifests your agreement to be bound by these Terms each time you access the Website. If you do not agree to any of these Terms, do not use or access the Website.

2. General Use, License, and Termination

Company grants you a limited, nonexclusive, nontransferable, revocable license (without the right to sublicense) to make use of the Website, regardless of the medium by which the Website is accessed by you (e.g., via a web or mobile browser). You may view, copy, download, or print materials from the Website for your personal use only. In this context, “personal use” does not include posting, uploading, or otherwise publishing the materials for any commercial purpose, except with our express written permission. This license does not include any rights not specifically enumerated herein.

You acknowledge that your use of the Website is at our sole discretion and your license to use the Website may be terminated by us at any time, for any reason or for no reason. We reserve the right, in our sole discretion, to refuse service, to block or prevent future access to and use of the Website, to terminate any user’s account, and to alter or delete any material submitted to the Website through the user’s account. Following termination of this license, these Terms shall apply to the extent practicable.

The Website is intended for use by those who are eighteen (18) years of age or older only. Any use of the Website by persons under 18 years of age result in immediate termination of their use of the Website. 

3. Prohibited Conduct and Activities

Except as expressly provided in these Terms, and without altering the scope of the license granted to you, you are hereby prohibited from: (a) modifying, adapting, translating, copying, reproducing, imitating, distributing, publishing, or reselling the Website or any of the content on the Website; (b) bypassing any technical measures used to prevent or restrict access to any portion of the Website; (c) reverse engineering, decompiling, disassembling, or otherwise obtaining the source code of the Website, except as interpreted and displayed in a web browser; (d) using or attempting to use any data mining, robot, spider, or similar automated or manual data gathering and extraction tools to access the Website’s listings or content; (e) circumventing or attempting to circumvent the security of the Website; (f) interfering or attempting to interfere with the proper working of the Website or otherwise engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm Company or users of the Website or expose them to liability; (g) altering or modifying, or attempting to alter or modify any part of the Website; (h) attempting to gain unauthorized access to any portion of the Website or any systems or networks connected to the Website through hacking, cracking, mining, phishing, or any other means; (i) accessing or attempting to access password protected, secure, or non-public areas of the Website, except as authorized by Company; (j) taking any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or any systems or networks connected to the Website; (k) using reports, content, electronic documentation, or other materials available on the Website to feed any downstream product, application, or website; (l) engaging in any activity that markets another business or attracts Company users to a third party; (m) making commercial use of the Website or any of its content; (n) using the Website to stalk, harass, bully, or harm another person; or (o) engaging in or promoting illegal activities.

4. Intellectual Property Rights

Unless otherwise noted, all content provided on the Website, including images, illustrations, designs, icons, photographs, video clips, text, and other material, is the property of Company or its suppliers, licensors, talent, partners, or affiliates and is protected by United States and international copyright laws. Any and all content on the Website is either the property of Company or is used by us with the permission of its owner. The compilation of the Website is the exclusive property of Company and is protected by United States and international copyright laws. You agree that you will not take any actions inconsistent with Company’s ownership of the Website and content. 

The trademarks, logos, and service marks displayed on the Website are owned by Company and other third parties, and the Website’s trade dress is owned by Company. All trademarks not owned by Company are the property of their respective owners, and, where used by Company, are used with permission. Nothing contained on the Website may be construed as granting, by implication, estoppel, or otherwise, any right or license to use any trademark. Company’s trademarks and/or trade dress may not be copied, imitated, or used, in whole or in part (including use in metatags or in hidden text), without our prior written permission. You agree that you will not take any actions inconsistent with Company’s ownership of, or any third party’s ownership of, the trademarks and trade dress used on the Website.

Except as we may expressly authorize, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from the materials on the Website, including any copyrighted or trademarked content. You may only use the materials and content on the Website as expressly permitted in these Terms and for no other purpose. Any unauthorized use of any content or materials on the Website is strictly prohibited and may violate copyright and trademark laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes.

5. DMCA Notice

We respect the intellectual property rights of others and expect users to do the same. In appropriate circumstances, and at our sole discretion, we may remove or disable access to material on any of our websites or hosted on our systems that may be infringing or the subject of infringing activity.

In accordance with the Digital Millennium Copyright Act of 1998, 17 U.S.C. § 512 (“DMCA”), we will respond promptly to claims of copyright infringement reported to our agent designated to receive notifications of infringement claims (“Designated Agent”). If you are a copyright owner (or authorized to act on behalf of the owner) and believe that your copyrighted work has been infringed, please submit a written notice to our Designated Agent that substantially includes the following: 

  1. A physical or electronic signature of a person authorized to act on behalf of the copyright owner;
  2. Identification of the copyrighted work claimed to have been infringed;
  3. Identification of the material that is claimed to be infringing and information reasonably sufficient to help us locate the material; 
  4. Information reasonably sufficient to permit us to contact you, such as a mailing address, telephone number, and email address;
  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and 
  6. A statement that the information in the notice is accurate, and under penalty of perjury, that you are the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.

The written notice, along with any accompanying items, must be submitted to our Designated Agent at:  

ATTN: DMCA Agent
Beyond Miracles LLC
26440 Drummond Ct, Franklin MI 48025
[email protected]

If you send your notice by email, please make sure to write “DMCA Copyright Notice” in the subject line. We will investigate notices of copyright infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.

6. User Account

Before you can make use of certain services associated with the Website, you may be required to register with the Website and create an account. You agree and warrant that all information you provide to us through the Website, including but not limited to any contact information or registration information, is truthful, accurate, and up-to-date. You further agree to maintain the accuracy of your account information and to inform us promptly of any changes to your information, including but not limited to any changes to your email address.

You are responsible for maintaining the confidentiality of your account and password, and you agree to accept responsibility for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security you become aware of. We are neither responsible for, nor liable, for any loss or other injury that you may incur as a result of someone else using your user account or password, either with or without your knowledge. 

By creating an account with the Website, you consent to receive communications from us electronically via the email address associated with your account. Although you can opt-out of receiving promotional communications, we reserve the right to email you informational communications about your account or administrative notices regarding the Website, as permitted under the CAN-SPAM Act.

You are expressly prohibited from selling, trading, or transferring your account (including but not limited to, selling, trading, or transferring emails associated with such account). We have final discretion in granting accounts and reserve the right to reject users without explanation.

7. Order Acceptance and Cancellation

You agree that any order you make through the Website is an offer to buy, under these Terms, all products listed in your order. All orders must be accepted by us, or we will not be obligated to sell the products to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.

8. Manufacturer’s Warranty and Disclaimers

We do not manufacture or control any of the products offered on our Website. The availability of products through our Website does not indicate an affiliation with or endorsement of any product, service, or manufacturer. Accordingly, we do not provide any warranties with respect to the products offered on our Website. 

ALL PRODUCTS OFFERED ON THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.

SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER’S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU, IF SUCH OBLIGATIONS EXIST.

9. Payment Processing

We use a third-party payment processor (the “Payment Processor”) to process any payments made through the Website. The processing of payments will be subject to the terms, conditions, and privacy policies of the Payment Processor in addition to these Terms. Company is not responsible for these financial transactions, the security of your financial information with respect to these transactions, or any errors by the Payment Processor. You acknowledge and agree that we are not responsible for any unauthorized charges or other breach of your financial information and/or security.

By making payments through the Website, you agree to pay us—through the Payment Processor—all charges at the prices then in effect for any use of such payment processing in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that the Payment Processor makes even if it has already requested or received payment.

The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer, or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due upon demand.

10. Goods Not for Resale or Export

Except as otherwise permitted herein, you represent and warrant that you are buying products or services from the Website for your own personal or household use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within the US.

11. Professional Users

Some of the products offered for sale by Company are exclusively available to licensed professionals (“Professional Users”). In order to purchase such products, prospective Professional Users must first provide verification to Company that they hold an active, state-issued license to practice as a skin care professional. All decisions related to the approval and/or denial of prospective Professional Users are solely at the discretion of Company and shall be final.

Products purchased by Professional Users may be accompanied by documentation, descriptions, instructions, expectations, manuals, or other resources or information about the respective product (“Product Information”). Such Product Information is provided without warranties of any kind, expressed or implied, including the accuracy of the information or implied warranties of merchantability or fitness for a particular purpose. 

Professional Users are also permitted to purchase retail products from Beyond Miracles for resale to end-user consumers through their authorized spa, salon, or esthetician practice (“Authorized Channel”). You understand and agree that this is not a distribution agreement and all products purchased or acquired through your status as a Professional User, as confirmed by Beyond Miracles, shall solely and exclusively be for professional use and/or resale to end-user consumers. Without our prior written consent, you may not, directly or indirectly, undertake or permit distribution of our products by or through any person or entity that is a wholesaler, retailer, or reseller, including any e-commerce market place (e.g., Amazon or similar). Distribution or sale of our products through any other channels outside of your Authorized Channel (including, without limitation, unauthorized digital channels) is prohibited.

Company and its officers, directors, and agents expressly disclaim responsibility and shall have no liability for any damages, loss, injury, or claims that result from reliance upon any Product Information. Without limiting the generality of the foregoing, Company shall not be liable for bodily injury, lost profits or any direct, indirect, incidental, special or consequential damages resulting from use of or reliance upon any Product Information. 

None of the products sold to Professional Users by Company, nor any of the content on Company’s website or within any provided Product Information, should be considered medical advice. Company does not, directly or through its products or the associated Product Information, represent or warrant that any particular product, medication, regimine, or treatment is safe, appropriate, recommended, or effective for Professional Users or any third party under the care of a Professional User under any circumstance. Company does not endorse any medications, supplements, treatments, devices, products, or procedures.

You acknowledge and agree that Company does not provide health care services, medical services, or treatment services of any kind. The products sold to you by Company are not meant to provide treatment or prevention for any medical condition or disease and any information provided to you by Company is not meant to constitute professional advice or recommendation. Any use of a product purchased through the Website or from Company on a third party shall be at the Professional User’s sole risk. Professional Users must rely solely upon their own professional judgement when recommending or using any product purchased from Company. 

By selling products to a Professional User, Company does not represent or warrant to any third party that any particular Professional User is a licensed professional in any jurisdiction, has completed any particular training or educational program, has met any recognized quality requirements, or holds any verification or certification. 

As a Professional User, you agree that you are solely responsible for your customers, clients, and all other third parties receiving services from you. You agree to indemnify, defend, and hold harmless Company and its employees, subsidiaries, affiliates, agents, representatives, distributors, and licensors, from and against any third-party claim, judgment, demand, damages, cost, expenses, and liabilities, including reasonable attorneys’ fees, which may arise from or be related to: (a) your use of any product purchased from Company; (b) your use or reliance upon any Product Information provided by Company; (c) your use or reliance upon any information provided through the Website; or (d) any other act or omission by you. 

IN NO EVENT SHALL WE BE LIABLE TO A PROFESSIONAL USER OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.

OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS YOU HAVE ORDERED THROUGH OUR WEBSITE.

The limitation of liability set forth above shall only apply to the extent permitted by law. Nothing in this Section shall be construed to interfere with the general provisions related to your use of the Website as set forth in Sections 15-17 herein. 

12. Submission of Content and User Activity

From time to time, we may make available on the Website certain services, features, or sections that allow users to post or upload materials to the Website. You understand that all information, communications, data, text, software, music, sound, photographs, graphics, videos, messages, or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. Therefore, you, and not Company, are solely responsible for all Content that you upload, post, email, transmit, or otherwise make available through the Website or any related services.

You represent and warrant that you own or otherwise control all the rights, titles, and interests to any Content that you upload, transmit, or otherwise make available through the Website, that use of any Content you provide does not violate the intellectual property rights or any other rights of any third parties, and that use of Content you provide will not cause injury to any person or entity.

Without limiting the foregoing, you represent and warrant that you will not: (a) provide any Content that is unlawful (according to local, state, federal or international law) or any Content that advocates illegal activity; (b) provide any Content that is defamatory, false, or libelous, or that contains unlawful, harmful, threatening, harassing, discriminatory, abusive, profane, pornographic or obscene material; (c) provide any Content that you do not have a right to provide under law or under a contractual or fiduciary relationship; (d) violates the intellectual property rights of other; (e) provide any Content that contains software viruses or other harmful devices; or (f) impersonate any other person or entity or forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content you provide.

When you post or submit Content to the Website, you hereby expressly grant Company a royalty-free, perpetual, non-exclusive, irrevocable right and license to use, reproduce, adapt, modify, publish, edit, translate, perform, transmit, sell, exploit, sublicense, or otherwise distribute and display Content and any ideas, concepts, know-how, or techniques contained therein for any reason and in any manner it chooses, alone or as a part of other works, in any form, medium or technology now known or later developed, without restriction and without compensation of any kind to you, and you waive all moral rights in all such Content. Therefore, we request that you not provide us Content in which you do not wish to grant us rights.

Company disclaims any and all liability for any Content emailed, transmitted, posted, or otherwise made available via the Website. The opinions expressed in postings or other Content on the Website may not represent the views or opinions of Company or its advertisers, sponsors, affiliated or related entities. We do not represent or guarantee the truthfulness, accuracy, or reliability of any Content. Any Content on the Website is provided “as is.” You understand that by using the Website, you may be exposed to Content and Non-User Content that is inaccurate, offensive, indecent, or objectionable.  Under no circumstances will we be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Website.  You should be aware that your use of and reliance on Content is at your own risk.

Company has no obligation to review, monitor, delete, or edit the Website, including user Content. However, you acknowledge and agree that Company has the right to do so at any time in its sole discretion, for any reason or no reason, with or without notice. We shall not be liable for any alteration or deletion of any Content. You acknowledge, consent, and agree that Company may access, preserve, and disclose any inappropriate conduct, your account information, and any Content you submit if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Company, its affiliates, personnel, other users, and the public.

13. Correction of Errors and Inaccuracies; Limitations on Websites

The information on the Website may contain typographical errors or inaccuracies, and may not be complete or current. Company therefore reserves the right to correct any errors, inaccuracies, or omissions, and to change or update information at any time without prior notice. Please note that such errors, inaccuracies, or omissions may relate to service descriptions, pricing, and availability. All product sales and promotions are subject to the terms of these Terms, in addition to any other terms that may apply.  Promotional offers and prices are available for a limited time as specified on the Website.  Prices, promotions and availability are subject to change without prior notice. Company also reserves the right to limit the scope of services (including after you have submitted your request). Company apologizes for any inconvenience this may cause you.

14. Links to Third Party Websites

The Website may contain links to third-party websites or other resources, which we may have no direct control and all of which may have their own set of rules and guidelines for usage of their sites and services. Company does not endorse, and we shall not be responsible or liable for, any content, advertising, products, or other materials on or available from such sites or resources.

For your protection, please refer to the terms of service and privacy policies of those respective websites.  You acknowledge, understand, 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 such content, goods, or services available on such other websites. Company shall not be liable for any errors or delays in the content, goods, or services available on such other websites, or for any actions taken or not taken in reliance thereon. The links are provided “as is” and use of such links is at your own risk.

15. Disclaimer of Warranties

THE WEBSITE, ITS CONTENT, AND ANY ASSOCIATED WEBWEBSITES ARE PROVIDED BY COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. INFORMATION ACCESSIBLE THROUGH THE WEBSITE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND FOR YOUR CONVENIENCE. YOUR USE OF AND RELIANCE ON THE WEBSITE AND ANY CONTENT AVAILABLE IS AT YOUR OWN RISK. YOU ACKNOWLEDGE THAT INFORMATION TRANSMITTED THROUGH THE INTERNET IS NEVER COMPLETELY SECURE.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, COMPANY DISCLAIMS ANY AND ALL EXPRESS, IMPLIED, STATUTORY, OR OTHER WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF CONTENT, AND OF NON-INFRINGEMENT, AS WELL AS WARRANTIES ARISING THROUGH COURSE OF DEALING,USAGE, OR TRADE. COMPANY IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, PHOTOGRAPHY OR ANY OTHER CONTENTS ON THE WEBSITE. 

COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, TO THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THE WEBSITE, OR TO THE FUNCTIONALITY OF ANY WEBWEBSITES ASSOCIATED THEREWITH. COMPANY further MAKES NO REPRESENTATIONS OR WARRANTIES THAT your use of the WEBSITE will be continuous, uninterrupted, error-free, virus-free, or that the Website will meet your requirements. Company further makes no representations or warranties that communications between you and Company, or another user of the Website, will be secure from interference, virus-free, or free of other harmful components.

THE WEBSITE IS CONTROLLED, OPERATED, AND ADMINISTERED BY COMPANY FROM ITS OFFICES WITHIN THE UNITED STATES. COMPANY MAKES NO WARRANTY OR REPRESENTATION THAT MATERIAL AVAILABLE THROUGH THE WEBSITE IS LEGAL, APPROPRIATE, OR AVAILABLE FOR USE OUTSIDE THE UNITED STATES. IF YOU ACCESS THE WEBSITE FROM A LOCATION OUTSIDE THE UNITED STATES, YOU ARE RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS AND COMPANY ACCEPTS NO RESPONSIBILITY FOR SUCH ACCESS. Any offer for any service or product made is void where prohibited.

16. Limitations of Liability

NEITHER COMPANY NOR ANY OF COMPANY’S employees, subsidiaries, affiliates, agents, representatives, distributors, or licensors WILL BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTORY OR OTHERWISE), ARISING FROM OR OTHERWISE RELATED TO YOUR USE OF, OR INABILITY TO USE, THE WEBSITE OR THE ASSOCIATED WEBWEBSITES, INCLUDING BUT NOT LIMITED TO: (1) Death, Personal Injury, property damage, cost of substitute goods or services, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, LOST DATA ,OR LOST PROFIT; (2) attorneys’ fees; or (3) any other INDIRECT, INCIDENTAL, Special, Exemplary, PUNITIVE, OR CONSEQUENTIAL DAMAGES, EVEN IF COMPANY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.  

WITHOUT LIMITING THE FOREGOING, COMPANY WILL NOT BE LIABLE FOR ANY DAMAGE TO YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESSING OR USE OF, or inability to use, THE WEBSITE, OR FROM YOUR DOWNLOADING OF ANY content or MATERIALS FROM THE WEBSITE, OR FOR ANY DAMAGES ARISING OUT OF A THIRD PARTY’S UNAUTHORIZED ACCESS TO AND USE OF YOUR PERSONAL INFORMATION STORED ON COMPANY’S COMPUTERS AND/OR SERVERS. COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND THAT YOU ALLEGE ARISE OUT OF OR ARE RELATED TO YOUR USE OF COMPANY’S Website and associated WEBWEBSITES.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF COMPANY, OR ITS PARENT, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS, REPRESENTATIVES, DISTRIBUTORS, OR LICENSORS—WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY—ARISING OUT OF OR RELATING TO THE USE OF THE WEBSITE EXCEED THE TOTAL AMOUNT YOU PAID TO COMPANY TO ACCESS THE WEBSITE WITHIN THE PRECEDING THREE (3) MONTHS.

CERTAIN STATE LAWS 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 LIMITATION MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. 

17. Indemnification and Remedies

You agree to indemnify, defend, and hold harmless Company and its employees, subsidiaries, affiliates, agents, representatives, distributors, and licensors, from and against any claim, judgment, demand, damages, cost, expenses, and liabilities, including reasonable attorneys’ fees, which may arise from or be related to: (a) your use of the Website; (b) Content you post or submit to the Website; or (c) your breach of any provision of these Terms or any warranty provided hereunder. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. 

You agree that if you are dissatisfied with the Website or any services offered in connection with the Website, do not agree with any part of these Terms, or have any other dispute or claim with or against Company with respect to these Terms or the Website, your sole and exclusive remedy is to discontinue using the Website.

18. Choice of Law and Venue

The laws of the State of Michigan shall govern the validity, performance, enforcement, interpretation, and any dispute that may arise between the parties with respect to these Terms, without giving effect to any principles of conflicts of laws. The parties agree that any action or proceeding arising out of these Terms or your use of the Website, whether at law or in equity, must be brought in the state or federal courts located in Oakland County, Michigan and you hereby irrevocably and unconditionally consent to the exclusive personal jurisdiction of such courts. You further agree to file any cause of action with respect to these Terms within one (1) year after the cause of action arises. You agree that a cause of action filed after this date is barred.

19. General Terms

These Terms, including any documents referenced herein, represents the entire understanding between you and Company regarding your relationship with Company and use of the Website, and supersedes all other agreements, express or implied, written or oral, between you and Company. These Terms shall not be modified except as provided for herein or in writing, signed by an authorized representative of Company. 

If any provision of these Terms is determined to be invalid or unenforceable for any reason whatsoever, the remainder of these Terms shall be enforced to the extent possible, and the offending provision shall be treated as though not a part of these Terms. Company’s failure to act with respect to a breach of these Terms by you or others does not constitute a waiver of its rights with respect to that breach or any subsequent breach, nor shall it constitute a waiver of any other rights under these Terms. Notwithstanding any provision of these Terms, Company has available all remedies at law or equity to enforce these Terms. Company shall have the right to assign these Terms and to sublicense any and all of its rights under these Terms. 

You acknowledge and agree that the provisions, disclosures, and disclaimers set forth in these Terms reflect a fair and reasonable allocation of risk between you and Company, and is not the result of fraud, duress, or undue influence exercised upon you by any person or entity. Any rights not expressly granted herein are reserved.

The provisions of these Terms that by their sense and context are intended to survive the performance of the Terms shall survive termination of these Terms, including provisions relating to: disclaimer of warranties, licensing, ownership, confidentiality, damage limitations, venue, jurisdiction, and indemnification.

20. Privacy Policy

Company respects and is committed to the security and confidentiality of your personal information. Please review our Privacy Policy, which also governs your use of the Website, to understand Company’s privacy practices. By visiting or using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy, which is hereby incorporated by reference into these Terms. A copy of our Privacy Policy can be accessed at https://beyond-miracles.com/privacy-policy/

21. Changes to these Terms

We reserve the right, in our sole discretion, to revise these Terms at any time. Any changes to these Terms will be included in a revised version accessible through the Website. Your continued use of the Website following posting of any changes to these Terms constitutes your unconditional acceptance and agreement to be bound by the changed terms. Accordingly, we urge you to review these Terms at the start of each use of the Website. If you do not agree to these revised Terms of Use, do not access or use the Website.

22. Notices

Where required, Company may give notice to you by a general posting in the Website, by electronic mail, or by conventional mail to your address of record. You may give notice to Company by electronic mail or by conventional mail to the address below. If you have any questions about these Terms, the practices of the Website, or your dealings with Company, please contact us at:

Beyond Miracles LLC
26440 Drummond Ct, Franklin, MI, 48025
(248) 881-0281
[email protected]

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