Terms of service

OVERVIEW

Welcome to Bear Creek Beamworks! The terms “we,” “us,” and “our” refer to Bear Creek Beamworks. Bear Creek Beamworks operates this store and website, including all related information, content, features, tools, products, and services (the “Services”). Bear Creek Beamworks is powered by Shopify, which enables us to provide the Services to you.

These terms and conditions, together with the policies referenced herein (these “Terms of Service” or “Terms”), describe your rights and responsibilities when you use the Services.

Please read these Terms carefully, as they include information about your legal rights, warranty disclaimers, and limitations of liability.

By visiting, interacting with, or using our Services, you agree to these Terms and our Privacy Policy:
https://bearcreekbeamworks.com/policies/privacy-policy

If you do not agree to these Terms or our Privacy Policy, you should not use or access the Services.

SECTION 1 — ACCESS AND ACCOUNT

By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, and you have given your consent to allow your minor dependents to use the Services on devices you own, purchase, or manage.

To use the Services or purchase products, you may be asked to provide information such as your email address, billing, payment, and shipping information. You represent that this information is correct, current, and complete and that you have all rights necessary to provide it.

You are responsible for maintaining the security of your account credentials and for your account activity. You may not transfer, sell, assign, or license your account to another person.

SECTION 2 — OUR PRODUCTS

We make every effort to accurately represent our products. Colors and appearance may vary depending on your device and display settings.

Product descriptions, specifications, and availability may change. We reserve the right to discontinue products or limit quantities offered to a person or geographic region.

Follow the manufacturer’s instructions and safety guidance when using any product. Applicable manufacturer warranty coverage varies by product. Our Return and Refund Policy explains how to contact us about defective, damaged, or incorrect items.

SECTION 3 — ORDERS

When you place an order, you are making an offer to purchase. We reserve the right to accept or decline an order. Your order is not accepted until we confirm acceptance and process your payment.

Please review your order before submitting it. We may be unable to accommodate cancellation requests once an order has been processed or shipped.

If we decline, change, or cancel an order, we will attempt to notify you using the contact information provided. If we cancel an order after collecting payment, we will refund the payment for the canceled items and any applicable associated charges.

Returns are governed by our Return and Refund Policy:
https://bearcreekbeamworks.com/policies/refund-policy

You represent that your purchases are for personal or household use and not for commercial resale or export.

SECTION 4 — PRICES AND BILLING

Prices, discounts, and promotions may change without notice. The price charged will be the price in effect when your order is placed, as shown in your order confirmation.

Unless expressly stated otherwise, product prices do not include taxes or shipping charges. Applicable charges are shown at checkout.

Prices on our website may differ from prices offered through other sales channels or by other retailers. Promotions may have separate terms. If promotional terms conflict with these Terms, the promotional terms govern that promotion.

You agree to provide current, complete, and accurate purchase, payment, and account information and to update it as necessary.

You represent that you are authorized to use the payment method provided and agree to pay the charges shown at checkout.

SECTION 5 — SHIPPING AND DELIVERY

Order processing, shipping rates, and delivery estimates are described in our Shipping Policy:
https://bearcreekbeamworks.com/policies/shipping-policy

Delivery times are estimates and are not guaranteed. Carrier delays, weather, holidays, and other events may affect delivery.

If a package arrives damaged, appears lost, or is marked delivered but cannot be found, contact us at bearcreekbeamworks@gmail.com so we can help investigate and resolve the issue.

Nothing in these Terms limits any rights or remedies you have under applicable law regarding shipment or delivery.

SECTION 6 — INTELLECTUAL PROPERTY

The Services, including trademarks, brands, text, displays, images, graphics, reviews, video, audio, and their design and arrangement, are owned by Bear Creek Beamworks, its affiliates, licensors, or the respective rights holders and are protected by applicable intellectual property laws.

You may use the Services for personal, noncommercial purposes. You must not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, or otherwise exploit material from the Services without permission from the appropriate rights holder, except as permitted by law.

Nothing in these Terms grants rights to the intellectual property of Bear Creek Beamworks, Shopify, or any third party except as expressly stated.

Bear Creek Beamworks names and logos belong to Bear Creek Beamworks. Shopify names and logos belong to Shopify. Other names, logos, and product names belong to their respective owners.

SECTION 7 — OPTIONAL TOOLS

We may provide access to tools offered by third parties that we do not monitor or control.

Such tools are provided “as is” and “as available,” without warranties, representations, conditions, or endorsement from us. To the extent permitted by law, we are not liable for issues arising from your use of optional third-party tools.

Your use of these tools is at your discretion and subject to the relevant provider’s terms.

New features or tools offered through the Services will also be subject to these Terms.

SECTION 8 — THIRD-PARTY LINKS

The Services may contain materials or links to third-party websites. We do not control these websites or guarantee their content or accuracy.

Please review third-party policies before using their services or making purchases. Questions or complaints about transactions made directly with a third party should be directed to that party.

This section does not change our responsibilities for products purchased directly from Bear Creek Beamworks.

SECTION 9 — RELATIONSHIP WITH SHOPIFY

Bear Creek Beamworks is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Bear Creek Beamworks. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Bear Creek Beamworks, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Bear Creek Beamworks.

SECTION 10 — PRIVACY POLICY

Personal information collected through the Services is subject to our Privacy Policy:
https://bearcreekbeamworks.com/policies/privacy-policy

Certain personal information may also be subject to Shopify’s Privacy Policy:
https://www.shopify.com/legal/privacy/app-users

Because Shopify hosts the Services, Shopify collects and processes information about your access to and use of the Services to provide and improve them.

Information submitted through the Services may be shared with Shopify and service providers, including providers located in other countries. Please review the privacy policies for details.

SECTION 11 — FEEDBACK

If you submit reviews, suggestions, ideas, or other content (“Feedback”), you grant us a worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display that Feedback to operate, improve, and promote the Services.

You represent that you own or have the necessary rights to submit the Feedback and that you disclose any compensation or incentives received in connection with it.

We are not obligated to keep Feedback confidential, pay compensation for it, or respond to it.

We may remove Feedback that is unlawful, threatening, defamatory, abusive, obscene, misleading, or infringes another party’s rights.

Feedback must not contain malicious software or violate another person’s intellectual property, privacy, or other rights. You may not impersonate another person or mislead others about the origin of your Feedback.

SECTION 12 — ERRORS, INACCURACIES, AND OMISSIONS

Information on the Services may occasionally contain errors relating to descriptions, prices, promotions, shipping charges, transit times, or availability.

We reserve the right to correct errors, update information, or cancel orders affected by inaccurate information. If an order is canceled after payment has been collected, we will refund the applicable payment.

SECTION 13 — PROHIBITED USES

You may use the Services only for lawful purposes.

You must not use the Services to violate laws, infringe intellectual property rights, harass or threaten others, transmit false information, impersonate another person, distribute spam, or interfere with another person’s use of the Services.

You must not transmit malicious software, collect personal information without authorization, conduct phishing, exploit the Services without permission, or bypass security or access controls.

Automated access must comply with Section 14 and any applicable access restrictions.

We may suspend or terminate access if you violate these Terms.

SECTION 14 — AGENTS

This section applies if you use or deploy software or a service that takes autonomous or semi-autonomous actions on your behalf (“Agent”) to access or interact with the Services.

Agents must identify themselves and comply with our access restrictions. We may limit whether and how Agents access the Services.

Agents must identify their requests using “Agent/[agent name]” in their HTTP/HTTPS user-agent string. They must not conceal automated activity, impersonate human interaction, bypass CAPTCHAs, or circumvent measures intended to restrict automated access.

Agents must truthfully respond to questions about whether an interaction is performed by a human or computer and must stop accessing the Services if we request it.

SECTION 15 — TERMINATION

We may terminate your access to the Services for a violation of these Terms or other lawful reasons. You remain responsible for amounts properly due before termination.

Provisions that by their nature should continue after termination will remain applicable, including intellectual property, feedback, warranty disclaimers, limitations of liability, indemnification, severability, governing law, and privacy provisions.

Termination does not eliminate obligations relating to existing orders, refunds, or rights under applicable law.

SECTION 16 — DISCLAIMER OF WARRANTIES

Website information is provided for general informational purposes. Although we work to keep it accurate, we do not guarantee that the Services will be uninterrupted, timely, secure, or error-free.

EXCEPT AS EXPRESSLY STATED BY BEAR CREEK BEAMWORKS AND TO THE EXTENT PERMITTED BY LAW, THE SERVICES AND PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ADDITIONAL EXPRESS OR IMPLIED WARRANTIES.

THIS DISCLAIMER DOES NOT LIMIT APPLICABLE MANUFACTURER WARRANTIES, OUR EXPRESS COMMITMENTS IN OUR PUBLISHED POLICIES, OR WARRANTIES AND RIGHTS THAT CANNOT LAWFULLY BE EXCLUDED.

SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS, SO SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU.

SECTION 17 — LIMITATION OF LIABILITY

TO THE EXTENT PERMITTED BY LAW, BEAR CREEK BEAMWORKS AND ITS SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM USE OF THE SERVICES, INCLUDING LOST PROFITS, LOST REVENUE, OR LOSS OF DATA.

NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED, OR REMOVES YOUR RIGHTS UNDER APPLICABLE CONSUMER PROTECTION LAW.

SECTION 18 — INDEMNIFICATION

To the extent permitted by law, you agree to indemnify and hold harmless Bear Creek Beamworks, Shopify, and their respective affiliates and service providers against third-party claims arising from your unlawful use of