Terms and conditions
Last Updated: September 17, 2024
1. Introduction
Welcome to Be Present and Prosper (“Company,” “we,” “our,” “us”). These terms and conditions apply to the use of our website Be Present and Prosper and the purchase and use of our products and services. By accessing or using our website, you agree to comply with and be bound by these Terms. If you do not agree with these Terms, please do not use our website.
2. Eligibility
You must be at least 18 years old to use our website and services. By using our website, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into and comply with these Terms.
3. Changes to Terms
We reserve the right to update or modify these Terms at any time without prior notice. Any changes will be effective immediately upon posting on this page. Your continued use of our website following the posting of changes constitutes your acceptance of such changes.
4. Use of the Website
– Permitted Use: You agree to use our website for lawful purposes only. You shall not use our website in any way that could damage, disable, overburden, or impair it or interfere with any other party’s use and enjoyment of the website.
– Prohibited Use:You agree not to use our website to engage in any conduct that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable. You also agree not to use any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” to access our website in a manner that sends more request messages to our servers than a human can reasonably produce in the same period.
5. Intellectual Property Rights
– Ownership: All content on this website, including but not limited to text, graphics, logos, images, and software, is the property of Be Present and Prosper or its content suppliers and is protected by international copyright, trademark, and other intellectual property laws.
– License: We grant you a limited, non-exclusive, non-transferable, and revocable license to use our website for personal and non-commercial use. You may not copy, reproduce, distribute, or create derivative works from our content without our express written permission.
6. User Content
– User Contributions: If you submit or post any content on our website, including but not limited to reviews, comments, or suggestions (“User Content”), you grant us a non-exclusive, worldwide, royalty-free, perpetual, and irrevocable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content in any media.
– Prohibited Content:You agree not to post any User Content that is illegal, defamatory, obscene, offensive, or infringing on any third-party rights. We reserve the right to remove any User Content that violates these Terms.
7. Product and Service Descriptions
We strive to be as accurate as possible in describing our products and services. However, we do not warrant that the descriptions, prices, or other content on our website are complete, accurate, reliable, current, or error-free. If a product or service offered by us is not as described, your sole remedy is to return it in unused condition.
8. Payments and Billing
– Pricing: All prices displayed on our website are subject to change without notice. Prices do not include taxes or charges for shipping and handling, if applicable.
– Payment: You agree to provide current, complete, and accurate purchase and account information for all purchases made via our website. You agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed.
– Refunds and Cancellations: Refunds and cancellations are subject to our Refund Policy, which can be found at https://bepresentandprosper.com/refund-policy/.
9. Privacy Policy
Your use of our website is also governed by our Privacy Policy, which can be found at https://bepresentandprosper.com/privacy-policy/ . Our Privacy Policy explains how we collect, use, and protect your personal information in compliance with CCPA, CPRA, CalOPPA, GDPR, and PIPEDA.
10. Third-Party Links
Our website may contain links to third-party websites that are not owned or controlled by Be Present and Prosper. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites. You acknowledge and agree that we are not responsible or liable for any damage or loss caused or alleged to be caused by or in connection with the use of any third-party content.
11. Disclaimers and Limitation of Liability
– Disclaimer: Our website and its content are provided on an “as is” and “as available” basis without warranties of any kind, either express or implied. We do not warrant that the website will be uninterrupted or error-free.
– Limitation of Liability: To the maximum extent permitted by law, Be Present and Prosper, its affiliates, officers, directors, employees, agents, licensors, and service providers shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from or related to your use of our website or services, even if we have been advised of the possibility of such damages.
12. Indemnification
You agree to indemnify, defend, and hold harmless Be Present and Prosper, its affiliates, officers, directors, employees, agents, licensors, and service providers 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 our website, including, but not limited to, your User Content, any use of the website’s content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the website.
13. Governing Law and Jurisdiction
These Terms and your use of the website are governed by and construed in accordance with the laws of the State of St Augustine, Florida, United States and the applicable federal laws of the United States, without regard to its conflict of law principles. For users located outside the United States, these Terms are governed by the laws of the respective country of residence.
14. Dispute Resolution
Any dispute arising out of or related to these Terms or the use of our website shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association (AAA) for users in the United States, or the equivalent arbitration association for users outside the United States. The arbitration shall take place in St Augustine, Florida, United States, and the decision of the arbitrator shall be binding and may be entered as a judgment in any court of competent jurisdiction.
15. Termination
We reserve the right, in our sole discretion, to terminate or suspend your access to our website and services, without notice, for conduct that we believe violates these Terms or is harmful to other users of the website, us, or third parties, or for any other reason.
16. Contact Information
If you have any questions about these Terms, please contact us at:
Be Present and Prosper
52 Tuscan way STE 202 #250
St Augustine, Fl 32092
United States
Email: Support@BePresentandProsper.com
Phone: 904-792-4328
17. Miscellaneous
– Sever ability: If any provision of these Terms is found to be unlawful, void, or unenforceable, the remaining provisions shall remain in full force and effect.
– Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Be Present and Prosper regarding your use of our website.
– Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.