Terms and Conditions
Terms & Conditions
Last updated: April 23, 2021
The terms “we”, “us” and “our” refers to Beau Haven Creation (“Company”). These Terms & Conditions (the “Terms”) govern your use and access to our Company’s website (www.letablescape.com) and any of our social media channels or emails (collectively the “Website”) or use or purchase of our services and/or products (individually and collectively the “Services”).
Please read these Terms carefully before accessing or using our Websites. By accessing or using any part of our Website, you agree to be bound by these Terms. If you do not agree to all of these Terms, then you may not access or use the Websites or any of our Services therein.
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PRIVACY POLICY. See Company’s Privacy Policy at https://letablescape.com/policies/privacy-policy for information and notices concerning Company’s use of your personal information.
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INTELLECTUAL PROPERTY. Unless explicitly stated otherwise, Company owns all rights, titles, and interest in and to the Website and Services, including, without limitation, Website content, organization, graphics, design, artwork, compilation and other matters related to or included on the Website and Services. Company name and all related names, logos, product and service names, designs, artwork and slogans are Company’s trademarks and you must not use these marks without our prior written permission. All other names, logos, product and service names, designs and slogans on the Website are the trademarks of their respective owners and should not be used without those respective owners’ permission. Any unauthorized use, dissemination, reproduction, or copying of these terms or any content on the Website or Services will be prosecuted to the fullest extent of the law.
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FOR LAWFUL PURPOSES. You agree to use the Website for legitimate, non-commercial purposes only. You shall not post or transmit through the Website any material which violates or infringes our rights, or the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.
- NO USERS UNDER 18 YEARS OLD. The Website and Services are only for users of the age of 18. If you are under the age of 18, please do not attempt to register with us at this Website or provide any personal information about yourself to us.
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SERVICES AND PRODUCTS AND CARE.
- While we try to be as clear as possible in explaining the Services and accurately describing the colors, features, specifications and details of products available, we do not guarantee the description as entirely accurate, current, or error-free. From time to time, we may correct errors in pricing and descriptions. We reserve the right to discontinue any of the Services at any time for any reason. All Services are subject to availability. We reserve the right to refuse or cancel any order with an incorrect price listing. Prices of all Services are subject to change.
- Our Services include the rental of tabletop settings for events/parties and the set up and cleanup of such tabletop settings.
- For booking Services, please click the items you would like to reserve, as well date of service and the number of guests that will be at your event. We will arrive at your event location approximately two-four (2-4) hours prior to your event to set up your table (s). We will then return three (3) hours after your event to retrieve our products and clean up the table set up. If you require the event to be set up or cleared at a specific time, we will do our best to accommodate your wishes, but can make no guarantees.
- You understand and agree, that all of the products you receive for your table setting shall be professionally cleaned and delivered ready to use. We shall clean and inspect each item, but you understand and agree that use of the products is at you and your guests own risk and we shall not be held liable for any health-related complaints associated with any product provided by us.
- You understand that none of the products you are being provided are microwave or dishwasher safe. The client will be responsible for any damage caused by the use of microwave and/or dishwasher. In addition, we ask that you do not stain treat or wash any linen, as this may cause damage to the fabric.
- SERVICE LOCATION. At this time, we are only able to provide services to clients as far north as North Palm Beach and far south as South Miami. If after booking our Services, it is determined that you are out of our Service Location we will issue a full refund for amounts already paid.
- COVID-19 GUIDELINES. You understand that COVID-19 is still an overall concern throughout the world and as such Company will take every precaution to abide by safety guidelines. Upon checkout, you agree to a COVID-19 Release Waiver to receive the Services and understand that Company cannot provide Services until such COVID-19 Release Wavier has been agreed upon by checking the box at checkout.
- USER ACCOUNTS. You agree that any such information you give to the Company will always be accurate, correct and up to date. You agree that any usernames or passwords, may only be used by you. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable. We reserve the right to terminate your user account in our sole discretion.
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NO RESALE OF SERVICES OR WEBSITE CONTENT. You agree not to reproduce, duplicate, copy, sell, resell, create derivative works, or exploit, for any commercial or other purposes, any portion of the, Services or Website or content or other information or materials of any kind that you do not own without our express prior written consent. This includes digital products, photographs, illustrations, artwork and/or free downloads.
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AFFILIATE DISCLAIMER. Please note this Website may contain links to affiliate websites, and we receive an affiliate commission, services and/or complimentary products for any purchases made by you on the affiliate website using such links.
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TESTIMONIALS DISCLAIMER. The Website may contain testimonials by users of our Services. The views and opinions contained in the testimonials belong solely to the individual user and do not reflect our views and opinions. We are not affiliated with users who provide testimonials, and users are not paid or otherwise compensated for their testimonials. These testimonials reflect the real-life experiences and opinions of such users. However, the experiences are personal to those particular users, and may not necessarily be representative of all users of our Services. We do not claim, and you should not assume, that all users will have the same experiences. YOUR INDIVIDUAL RESULTS MAY VARY.
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NO ENDORSEMENTS. We may provide links to other websites or resources, which are not maintained by or related to us. We have no control over these websites or resources and their content, and makes no representations or warranties about the content, completeness, quality or accuracy of the links, goods, services, materials or information contained on any such website. Therefore, you acknowledge and agree that the Company is not responsible for the availability of such links, resources and content, and is not responsible or liable for, any content, advertising, products, services, or other materials made available on or from these linked websites. You also acknowledge and agree that the Company is not responsible or liable, directly or indirectly, for any damage or loss caused by or alleged to have been caused by, or in relation to, the use of any content, goods or services offered through these links or any failures and/or disruption to your computer system that results from your use of any such links, or for any intellectual property or other third party claims relating to your posting or using such links.
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THIRD PARTIES CONNECTING TO OUR WEBSITE. Company is not responsible for the content or practices of third-party websites that may be linking to our Website and Company makes no representation or warranty regarding such third parties, their websites, their content, or their goods and services.
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SHARED INFORMATION NOT CONFIDENTIAL OR PRIVILEGED. Information you provide or share with us directly or indirectly, on our Website, (whether in the form of emails, text messages, comments, audio calls or video calls) will not be treated as confidential or privileged, as they may be broadly available to other persons, both inside of and/or outside of the Company. Also, any expressed opinion by another user is his or her own and should not be considered as reflecting the opinion of the Company.
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FEEDBACK, COMMENTS AND TESTIMONIALS. With your prior permission, you agree that the Company has the right to use your feedback whether in the form of emails, submissions, surveys, comments, calls, otherwise, for the purposes of marketing or promoting the Company’s services and/or products.
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ERRORS, INACCURACIES, AND OMISSIONS. Information provided about the Website and/or Services is subject to change. Company makes no representation or warranty that the information provided, regardless of its source, is accurate, complete, reliable, current or error-free. Company disclaims all liability for any inaccuracy, error or incompleteness on the Website.
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NO WARRANTIES The use of the Website and Services are at your sole risk. The Website and Services are provided on an "as is" and "as available" basis. We make no representations or warranties about the suitability, reliability, availability, timeliness, security, lack of errors, or accuracy of the Website and Services. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTY THAT (1) THE WEBSITE AND SERVICES WILL MEET YOUR REQUIREMENTS, (2) THE WEBSITE AND SERVICES WILL BE UNINTERRUPTED, TIMELY SECURE, OR ERROR-FREE, (3) THE RESULTS OF USING THE WEBSITE AND SERVICES WILL BE ACCURATE OR RELIABLE, (4) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS, OR (5) THAT THE WEBSITE AND SERVICES WILL BE ERROR-FREE AND/OR ANY ERRORS ON THE WEBSITE AND SERVICES WILL BE CORRECTED. No advice or information, whether oral or written, obtained by you from us through or from the Website shall create a warranty not expressly stated in these Terms. Some jurisdictions do not allow the disclaimer of implied warranties and/or limitations of liability, so a portion of the foregoing may not apply to you. In such a case, any such disclaimer or limitation of liability is limited to the minimum extent permissible under applicable law.
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LIMITATION OF LIABILITY. You agree to absolve the Company of any and all liability or loss that you or any person or entity associated with you may suffer or incur as a result of use of the Services and/or any information and resources contained in the Website. You agree that the Company shall not be liable to you for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of the Website and/or Services. Our liability to you or any third parties under any circumstance is limited to the greater of one hundred dollars ($100) or the amount you have paid us in the twelve (12) months before the event giving rise to your claims.
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INDEMNIFICATION. You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Website and Services and related 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. The Company 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 the Company in asserting any available defenses.
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REFUSAL OF SERVICE. We reserve the right to refuse access to the Website to any person or entity, without the obligation to assign a reason for doing so. We reserve the right to immediately remove you from the Website, if you violate the Terms.
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INDEPENDENT CONTRACTOR. Nothing in this Agreement shall be construed to create a partnership, joint venture, employment, or agency relationship. The Company is agreeing only to provide Client with access to the Services, which may include education and information. The information contained in the Services including any interactions with the instructors, is not intended as, and shall not be understood or construed as, professional advice.
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TERMINATION. The Company reserves the right, in its sole discretion, to terminate your access to the Website and/or Services or any portion thereof at any time, without notice.
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DISPUTE RESOLUTION Should any dispute arise, you agree to resolve any claim or controversy arising out of or relating to these Terms and Conditions by Mediation in Fort Lauderdale, FL by the American Arbitration Association, Dispute Resolution Services, and agree to be bound by the decision(s) of the selected mediator. Any costs and fees associated with the mediation, other than attorney fees, will be shared equally by the both of us. If the dispute is not resolved within thirty (30) calendar days after it is referred to the mediator, it shall be settled exclusively by submitting to binding arbitration in Fort Lauderdale, FL. A party electing arbitration must initiate proceedings by filing an arbitration demand with the American Arbitration Association (AAA). Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction to do so. Costs of arbitration, including attorney fees, will be allocated by the arbitrator.
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EFFECT OF HEADINGS. The subject headings of the paragraphs and subparagraphs of the Terms are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
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WAIVER. Company’s waiver of any of the provisions of these Terms shall not be deemed, nor shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by an authorized representative of the Company.
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SEVERABILITY. If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
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ASSIGNMENT. You may not assign these Terms without the express written consent of Company.
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GOVERNING LAW. The Terms shall be governed by the laws of the State of Florida.
- CHANGES TO TERMS. The Company reserves the right, in its sole discretion, to change the Terms under which the Website is offered. The most current version of the Terms will supersede all previous versions. The Company encourages you to periodically review the Terms to stay informed of our updates.
- HOW TO CONTACT US. Please contact us at melirma@letablescape.com with any question or comments regarding the Terms.