Terms and Conditions
Last Updated: November 8, 2023
Please review the following terms and conditions ("Terms") that govern your use of and purchase of products from (collectively, "Use") www.becinc.net (collectively, our "Site"). The Site is provided by Building Electronic Controls, Incorporated ("BEC"). By viewing or using the Site, you acknowledge and agree to follow and be bound by these Terms.
THESE TERMS INCLUDE A CLASS ACTION WAIVER AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. DETAILS ARE SET FORTH IN SECTION 16, BELOW.
You must be at least the age of majority with the ability to enter into contracts in the jurisdiction where you are located to Use the Site. By using the Site, you represent and warrant that: (a) all information you submit during Account registration is true, complete, and accurate; and (b) you agree to maintain the accuracy of such information each time you use the Site. Your profile and Account may be terminated and deleted without warning if we believe that you are under the age required to legally contract in the jurisdiction where you are located.
2. Account & Registration
All shipping will be done as selected by you when adding the product to be purchased from the Site and be governed by the Shipping & Returns section of the Site.
4. Product Information
The prices displayed on our Site may differ from prices that are available with other vendors. The prices displayed on the Site are quoted in U.S. dollars, unless otherwise indicated.
BEC does not guarantee the accuracy or completeness of any information on the Site, including prices, product images, specifications, and/or availability. BEC reserves the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice (including after you have submitted your order). If you do not wish to continue your purchase after pricing or other information has been corrected, please contact BEC immediately.
We reserve the right to refuse or cancel any order you place on the Site, including for pricing errors. We reserve the right to, in our sole discretion, prohibit purchases of any products to resellers, dealers, and distributors.
If you wish to purchase any product or service made available through the Site, you may be asked to supply certain information relevant to your transaction including, without limitation, information about your method of payment (such as your payment card number and expiration date), your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY PAYMENT CARDS OR OTHER PAYMENT METHODS UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to us the right to provide such information to third parties for purposes of facilitating the transactions initiated by you or on your behalf.
You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the prices in effect when such charges are incurred including, without limitation, all shipping and handling charges, and you authorize us to charge all sums for the orders that you make to the payment method specified at the time. In addition, you remain responsible for any taxes that may be applicable to your transactions. You authorize us to charge all applicable amounts for the orders that you make to the payment method specified at the time of purchase.
6. Site Contents
The visual interfaces, graphics, design, photographs, videos, audio, information, data, computer code, materials, and content of the Site, the Site as a whole, and all other elements of the Site (collectively, "Contents") are protected by copyright, trademark, trade dress, patent, or other intellectual property rights. All Contents are owned, controlled, or licensed by BEC or its affiliates. Any use of the Contents without BEC's express written consent is strictly prohibited. BEC reserves all rights to the Contents not granted expressly in these Terms. Any material downloaded or otherwise obtained through the Use of the Site is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.
BEC grants you a limited license to access and Use the Site and the Content solely for your Use. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, any of the Contents or the Site. Unauthorized use of the Contents is expressly prohibited by law, and may result in severe civil and criminal penalties.
8. Acceptable Use
You are responsible for your Use of the Site. BEC prohibits certain kinds of conduct that may be harmful to BEC or others. You may not:
violate any law or regulation;
violate, infringe, or misappropriate other people's intellectual property, privacy, publicity, or other legal rights;
engage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from the Site;
alter or tamper with any Contents, information, or materials on or associated with the Site;
transmit any viruses, malicious code, or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems;
post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or any other personally identifiable or private information from any user;
disrupt, overwhelm, attack, modify or interfere with the Site or its associated software, hardware, or servers in any way;
take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
impede or interfere with others' Use of the Site;
abuse, defame, threaten, intimidate, stalk, harass, or harm another individual;
impersonate any person or entity or perform any other similar fraudulent activity, such as phishing
use any robots, spiders, scrapers or any other automated means to access the Site for any purpose.
use any means to scrape or crawl any web pages contained on the Site;
attempt to circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect or restrict access to the Site;
attempt to decipher, decompile, disassemble, or reverse engineer any of the software or other underlying code used to provide the Site; or
advocate, encourage, or assist any third party in doing any of the foregoing.
9. Disclaimer, Limitation of Liability & Indemnity
THIS SITE, ALL CONTENTS, AND ALL PRODUCTS AND SERVICES MADE AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN "AS IS" BASIS. BEC DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BEC DOES NOT WARRANT THAT YOUR USE OF THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THIS SITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. ALTHOUGH BEC ENDEAVORS TO PROVIDE ACCURATE INFORMATION, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY OR RELIABILITY OF INFORMATION ON THIS SITE.
YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER BEC NOR ITS AFFILIATES OR ITS VENDORS SHALL BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHERWISE), INJURY, CLAIM, OR LIABILITY OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM YOUR USE OR INABILITY TO USE THIS SITE, ANY INFORMATION OR MATERIALS PROVIDED ON THE SITE, OR ANY PRODUCTS PURCHASED THROUGH THE SITE.
IF YOU ARE DISSATISFIED WITH THE SITE OR ANY CONTENT ON THE SITE, OR WITH ANY OF BEC'S TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS BEC AND ITS AFFILIATES, AND THEIR RESPSECTIVE SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISTRIBUTORS, VENDORS AND AFFILIATES FROM AND AGAINST ANY AND ALL THIRD-PARTY CLAIMS, DEMANDS, LIABILITIES, COSTS OR EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING OR ARISING OUT OF YOUR BREACH OF THESE TERMS OR ANY ACTIVITY RELATED TO YOUR ACCOUNT (INCLUDING NEGLIGENT OR WRONGFUL CONDUCT).
If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if we are otherwise found to be liable to you in any manner, then our aggregate liability for all claims under such circumstances shall not exceed the amount paid by you to BEC through the Site during the prior twelve (12) months.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for damages. Accordingly, some of the above indemnities, limitations and disclaimers may not apply to you. To the extent we may not, as a matter of applicable law, disclaim any warranty or limit our liability, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such law.
10. Applicable Law & Venue
The law applicable to the interpretation and construction of these Terms and any transaction (including purchases made on this Site) using or related to the Site, shall be the Federal Arbitration Act, applicable federal laws, and the laws of the State of California, without regard to principles of conflict of laws, but subject to the Federal Arbitration Act and other federal law relating to the arbitrability of claims. You agree that all matters relating to your access to or Use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of California.
Any action relating to the Use of the Site or any transaction with BEC must be brought in the state or federal courts located in Los Angeles, California, for any lawsuit or court proceeding permitted under these Terms. You consent and submit to the personal jurisdiction of such courts for the purposes of any such action.
11. Links to Other Websites & Services
This Site may include links to other websites maintained by third parties ("Linked Sites"). BEC provides Linked Sites to you solely as a convenience, and the inclusion of Linked Sites does not imply endorsement by BEC of the Linked Sites. You access Linked Sites at your own risk and by accessing them you leave the Site. Linked Sites are not under the control of BEC and BEC is not responsible for the contents of any Linked Site.
These Terms constitute an agreement that is effective unless and until terminated by BEC. BEC may, at its sole discretion, terminate these Terms or your Account on the Site, or suspend or terminate your access to the Site, at any time for any reason or no reason, with or without notice. In the event of denial of access by BEC, you are no longer authorized to access the Site. Upon termination of these Terms: (a) you must immediately cease Use of the Site; (b) you will no longer be authorized to access your Account or the Site; and (c) the following Sections will survive termination: Sections 9, 10, 13, and all other provisions of these Terms which are by their nature intended to survive termination.
13. Additional Terms, Modification & Severability, Miscellaneous
We reserve the right to modify, suspend, or discontinue the Site and any service, content, features, or products offered through Site at any time, without notice to you. We will have no liability to you or any third party for modification, suspension, or discontinuance of the Site, or any service, content, feature, or product offered through the Site.
We reserve the right to make changes to these Terms at any time, and such changes will be effective immediately upon being posted on the Site. Each time you Use the Site, you should review the current Terms. Your continued Use of the Site will constitute your acceptance of the current Terms.
If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
Under no circumstances will we be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond our reasonable control. The failure by us to enforce any right or provision of these Terms will not prevent us from enforcing such right or provision in the future.
You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign the Terms and our rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law. You agree that communications and transactions between us may be conducted electronically.