Terms and Conditions
Agreement between User and pixieandthebeard.com
Welcome to pixieandthebeard.com. The pixieandthebeard.com website (the "Site") is comprised
of various web pages operated by Pixie and the Beard LLC. pixieandthebeard.com is offered to
you conditioned on your acceptance without modification of the terms, conditions, and notices
contained herein (the "Terms"). Your use of pixieandthebeard.com constitutes your agreement to
all such Terms. Please read these terms carefully and keep a copy of them for your reference.
pixieandthebeard.com is an E-Commerce Site.
We offer items for sale on our website as well as on eBay.
Privacy
Your use of pixieandthebeard.com is subject to Pixie and the Beard LLC's Privacy Policy. Please
review our Privacy Policy, which also governs the Site and informs users of our data collection
practices.
Electronic Communications
Visiting pixieandthebeard.com or sending emails to Pixie and the Beard LLC constitutes electronic
communications. You consent to receive electronic communications and you agree that all
agreements, notices, disclosures and other communications that we provide to you electronically,
via email and on the Site, satisfy any legal requirement that such communications be in writing.
Children Under Thirteen
Pixie and the Beard LLC does not knowingly collect, either online or offline, personal information
from persons under the age of thirteen. If you are under 18, you may use pixieandthebeard.com
only with permission of a parent or guardian.
Cancellation/Refund Policy
Returns are accepted for 30 days from the day you receive your item. Buyer pays the return fee.
Links to Third Party Sites/Third Party Services
pixieandthebeard.com may contain links to other websites ("Linked Sites"). The Linked Sites are
not under the control of Pixie and the Beard LLC and Pixie and the Beard LLC is not responsible
for the contents of any Linked Site, including without limitation any link contained in a Linked Site,
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or any changes or updates to a Linked Site. Pixie and the Beard LLC is providing these links to
you only as a convenience, and the inclusion of any link does not imply endorsement by Pixie and
the Beard LLC of the site or any association with its operators.
Certain services made available via pixieandthebeard.com are delivered by third party sites and
organizations. By using any product, service or functionality originating from the
pixieandthebeard.com domain, you hereby acknowledge and consent that Pixie and the Beard
LLC may share such information and data with any third party with whom Pixie and the Beard
LLC has a contractual relationship to provide the requested product, service or functionality on
behalf of pixieandthebeard.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use
pixieandthebeard.com strictly in accordance with these terms of use. As a condition of your use of
the Site, you warrant to Pixie and the Beard LLC that you will not use the Site for any purpose
that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could
damage, disable, overburden, or impair the Site or interfere with any other party's use and
enjoyment of the Site. You may not obtain or attempt to obtain any materials or information
through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the
compilation thereof, and any software used on the Site, is the property of Pixie and the Beard LLC
or its suppliers and protected by copyright and other laws that protect intellectual property and
proprietary rights. You agree to observe and abide by all copyright and other proprietary notices,
legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create
derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.
Pixie and the Beard LLC content is not for resale. Your use of the Site does not entitle you to
make any unauthorized use of any protected content, and in particular you will not delete or alter
any proprietary rights or attribution notices in any content. You will use protected content solely
for your personal use, and will make no other use of the content without the express written
permission of Pixie and the Beard LLC and the copyright owner. You agree that you do not
acquire any ownership rights in any protected content. We do not grant you any licenses, express
or implied, to the intellectual property of Pixie and the Beard LLC or our licensors except as
expressly authorized by these Terms.
Third Party Accounts
You will be able to connect your Pixie and the Beard LLC account to third party accounts. By
connecting your Pixie and the Beard LLC account to your third party account, you acknowledge
and agree that you are consenting to the continuous release of information about you to others (in
accordance with your privacy settings on those third party sites). If you do not want information
about you to be shared in this manner, do not use this feature.
International Users
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The Service is controlled, operated and administered by Pixie and the Beard LLC from our offices
within the USA. If you access the Service from a location outside the USA, you are responsible
for compliance with all local laws. You agree that you will not use the Pixie and the Beard LLC
Content accessed through pixieandthebeard.com in any country or in any manner prohibited by
any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless Pixie and the Beard LLC, its officers, directors,
employees, agents and third parties, for any losses, costs, liabilities and expenses (including
reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or
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.
Pixie and the Beard LLC 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 Pixie and the Beard LLC in asserting any available defenses.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or
concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or
otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved
only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single
neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration
service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's
award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the
event that any legal or equitable action, proceeding or arbitration arises out of or concerns these
Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable
attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and
Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or
indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree
that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The
entire dispute, including the scope and enforceability of this arbitration provision shall be
determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms
and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class
arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE
THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S
INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY
PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH
AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE
OTHER. Further, unless both you and Pixie and the Beard LLC agree otherwise, the arbitrator
may not consolidate more than one person's claims, and may not otherwise preside over any form
of a representative or class proceeding.
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