TERMS & CONDITIONS

General Terms

By accessing and placing an order with Bear Mountain Studios, you confirm that you are in agreement with and bound by the terms of service contained in the Terms & Conditions outlined below. These terms apply to the entire website and any email or other type of communication between you and Bear Mountain Studios.

Under no circumstances shall Bear Mountain Studios team be liable for any direct, indirect, special, incidental or consequential damages, including, but not limited to, loss of data or profit, arising out of the use, or the inability to use, the materials on this site, even if Bear Mountain Studios team or an authorized representative has been advised of the possibility of such damages. If your use of materials from this site results in the need for servicing, repair or correction of equipment or data, you assume any costs thereof.

Bear Mountain Studios will not be responsible for any outcome that may occur during the course of usage of our resources. We reserve the rights to change prices and revise the resources usage policy in any moment.

Intended For Users Over The Age Of 21 

The Bear Mountain Studios website is intended for use by individuals 21 years of age or older. The Bear Mountain Studios website is not intended for use by children under the age of 21. By using the Bear Mountain Studios website you agree that you are over the legal age of 21 and will not under any circumstances use our products for any illegal purposes. All products on bmsglass.com are either merchandise or collectable glass art. 

Product Display/Colors

The Bear Mountain Studios website attempts to display product images shown on the site as accurately as possible. However, we cannot guarantee that the color you see matches the product color, as the display of the color depends, in part, upon the monitor you are using.

Sales Tax Policy

Bear Mountain Studios does business throughout the United States and collects and remits sales tax as required by law. Bear Mountain Studios, LLC currently collects and remits sales tax on orders which are delivered within the state of Colorado. Please note if you are a Colorado customer the sales tax on your order will be shown on your invoice. Any customer that resides outside of the state of Colorado is responsible for their own sales tax. Please note, Bear Mountain Studios, LLC reserves the right not to sell to resellers.

License

Bear Mountain Studios grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the website strictly in accordance with the terms of this Agreement.

These Terms & Conditions are a contract between you and Bear Mountain Studios (referred to in these Terms & Conditions as “Bear Mountain Studios”, “us”, “we” or “our”), the provider of the Bear Mountain Studios website and the services accessible from the Bear Mountain Studios website (which are collectively referred to in these Terms & Conditions as the “Bear Mountain Studios Service”).

You are agreeing to be bound by these Terms & Conditions. If you do not agree to these Terms & Conditions, please do not use the Bear Mountain Studios Service. In these Terms & Conditions, “you” refers both to you as an individual and to the entity you represent. If you violate any of these Terms & Conditions, we reserve the right to cancel your account or block access to your account without notice.

Definitions and key terms

To help explain things as clearly as possible in this Terms & Conditions, every time any of these terms are referenced, are strictly defined as:

  • Cookie: small amount of data generated by a website and saved by your web browser. It is used to identify your browser, provide analytics, remember information about you such as your language preference or login information.
  • Company: when this terms mention “Company,” “we,” “us,” or “our,” it refers to Bear Mountain Studios, that is responsible for your information under this Terms & Conditions.
  • Country: where Bear Mountain Studios or the owners/founders of Bear Mountain Studios are based, in this case is USA
  • Device: any internet connected device such as a phone, tablet, computer or any other device that can be used to visit Bear Mountain Studios and use the services.
  • Service: refers to the service provided by Bear Mountain Studios as described in the relative terms (if available) and on this platform.
  • Third-party service: refers to advertisers, contest sponsors, promotional and marketing partners, and others who provide our content or whose products or services we think may interest you.
  • Website: Bear Mountain Studios’s site, which can be accessed via this URL: www.bmsglass.com
  • You: a person or entity that is registered with Bear Mountain Studios to use the Services.

Restrictions

You agree not to, and you will not permit others to:

  • License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the website or make the platform available to any third party.
  • Modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the website.
  • Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Bear Mountain Studios or its affiliates, partners, suppliers or the licensors of the website.

Payment

If you pay for any of our one-time payment plans, you agree to pay all fees or charges to your account for the Service in accordance with the fees, charges and billing terms in effect at the time that each fee or charge is due and payable. Your Payment Provider agreement governs your use of the designated credit card account, and you must refer to that agreement and not these Terms to determine your rights and liabilities with respect to your Payment Provider. By providing Bear Mountain Studios with your credit card number and associated payment information, you agree that Bear Mountain Studios is authorized to verify information immediately, and subsequently invoice your account for all fees and charges due and payable to Bear Mountain Studios hereunder and that no additional notice or consent is required. You agree to immediately notify Bear Mountain Studios of any change in your billing address or the credit card used for payment hereunder. Bear Mountain Studios reserves the right at any time to change its prices and billing methods, either immediately upon posting on our Site or by e-mail delivery to your organization’s administrator(s).

Any attorney fees, court costs, or other costs incurred in collection of delinquent undisputed amounts shall be the responsibility of and paid for by you.

No contract will exist between you and Bear Mountain Studios for the Service until Bear Mountain Studios accepts your order by a confirmatory e-mail, SMS/MMS message, or other appropriate means of communication.

You are responsible for any third-party fees that you may incur when using the Service.

Return and Refund Policy

Thanks for shopping at Bear Mountain Studios. We appreciate the fact that you like to buy the stuff we build. We also want to make sure you have a rewarding experience while you’re exploring, evaluating, and purchasing our products.

As with any shopping experience, there are terms and conditions that apply to transactions at Bear Mountain Studios. We’ll be as brief as our attorneys will allow. The main thing to remember is that by placing an order or making a purchase at Bear Mountain Studios, you agree to the terms along with Bear Mountain Studios’s Privacy Policy.

If, for any reason, You are not completely satisfied with any good or service that we provide, don’t hesitate to contact us and we will discuss any of the issues you are going through with our product.

Your Suggestions

Any feedback, comments, ideas, improvements or suggestions (collectively, “Suggestions”) provided by you to Bear Mountain Studios with respect to the website shall remain the sole and exclusive property of Bear Mountain Studios.

Bear Mountain Studios shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to you.

Your Consent

We’ve updated our Terms & Conditions to provide you with complete transparency into what is being set when you visit our site and how it’s being used. By using our website, registering an account, or making a purchase, you hereby consent to our Terms & Conditions.

Links to Other Websites

This Terms & Conditions applies only to the Services. The Services may contain links to other websites not operated or controlled by Bear Mountain Studios. We are not responsible for the content, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Please remember that when you use a link to go from the Services to another website, our Terms & Conditions are no longer in effect. Your browsing and interaction on any other website, including those that have a link on our platform, is subject to that website’s own rules and policies. Such third parties may use their own cookies or other methods to collect information about you.

Cookies

Bear Mountain Studios uses “Cookies” to identify the areas of our website that you have visited. A Cookie is a small piece of data stored on your computer or mobile device by your web browser. We use Cookies to enhance the performance and functionality of our website but are non-essential to their use. However, without these cookies, certain functionality like videos may become unavailable or you would be required to enter your login details every time you visit the website as we would not be able to remember that you had logged in previously. Most web browsers can be set to disable the use of Cookies. However, if you disable Cookies, you may not be able to access functionality on our website correctly or at all. We never place Personally Identifiable Information in Cookies.

Changes To Our Terms & conditions

You acknowledge and agree that Bear Mountain Studios may stop (permanently or temporarily) providing the Service (or any features within the Service) to you or to users generally at Bear Mountain Studios’s sole discretion, without prior notice to you. You may stop using the Service at any time. You do not need to specifically inform Bear Mountain Studios when you stop using the Service. You acknowledge and agree that if Bear Mountain Studios disables access to your account, you may be prevented from accessing the Service, your account details or any files or other materials which is contained in your account.

If we decide to change our Terms & conditions, we will post those changes on this page, and/or update the Terms & conditions modification date below.

Modifications to Our website

Bear Mountain Studios reserves the right to modify, suspend or discontinue, temporarily or permanently, the website or any service to which it connects, with or without notice and without liability to you.

Updates to Our website

Bear Mountain Studios may from time to time provide enhancements or improvements to the features/ functionality of the website, which may include patches, bug fixes, updates, upgrades and other modifications (“Updates”).

Updates may modify or delete certain features and/or functionalities of the website. You agree that Bear Mountain Studios has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the website to you.

You further agree that all Updates will be (i) deemed to constitute an integral part of the website, and (ii) subject to the terms and conditions of this Agreement.

Third-Party Services

We may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services (“Third- Party Services”).

You acknowledge and agree that Bear Mountain Studios shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Bear Mountain Studios does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services.

Third-Party Services and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.

Term and Termination

This Agreement shall remain in effect until terminated by you or Bear Mountain Studios.

Bear Mountain Studios may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.

This Agreement will terminate immediately, without prior notice from Bear Mountain Studios, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the website and all copies thereof from your computer.

Upon termination of this Agreement, you shall cease all use of the website and delete all copies of the website from your computer.

Termination of this Agreement will not limit any of Bear Mountain Studios’s rights or remedies at law or in equity in case of breach by you (during the term of this Agreement) of any of your obligations under the present Agreement.

Indemnification

You agree to indemnify and hold Bear Mountain Studios and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of your: (a) use of the website; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.

No Warranties

The website is provided to you “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, Bear Mountain Studios, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the website, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, Bear Mountain Studios provides no warranty or undertaking, and makes no representation of any kind that the website will meet your requirements, achieve any intended results, be compatible or work with any other software, websites, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither Bear Mountain Studios nor any Bear Mountain Studios’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the website, or the information, content, and materials or products included thereon; (ii) that the website will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the website; or (iv) that the website, its servers, the content, or e-mails sent from or on behalf of Bear Mountain Studios are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.

Limitation of Liability

Notwithstanding any damages that you might incur, the entire liability of Bear Mountain Studios and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for the website.

To the maximum extent permitted by applicable law, in no event shall Bear Mountain Studios or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the website, third-party software and/or third-party hardware used with the website, or otherwise in connection with any provision of this Agreement), even if Bear Mountain Studios or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Severability

If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

This Agreement, together with the Privacy Policy and any other legal notices published by Bear Mountain Studios on the Services, shall constitute the entire agreement between you and Bear Mountain Studios concerning the Services. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Bear Mountain Studios’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. YOU AND Bear Mountain Studios AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute waiver of any subsequent breach.

No failure to exercise, and no delay in exercising, on the part of either party, any right or any power under this Agreement shall operate as a waiver of that right or power. Nor shall any single or partial exercise of any right or power under this Agreement preclude further exercise of that or any other right granted herein. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.

Amendments to this Agreement

Bear Mountain Studios reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our website after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Bear Mountain Studios.

Entire Agreement

The Agreement constitutes the entire agreement between you and Bear Mountain Studios regarding your use of the website and supersedes all prior and contemporaneous written or oral agreements between you and Bear Mountain Studios.

You may be subject to additional terms and conditions that apply when you use or purchase other Bear Mountain Studios’s services, which Bear Mountain Studios will provide to you at the time of such use or purchase.

Updates to Our Terms

We may change our Service and policies, and we may need to make changes to these Terms so that they accurately reflect our Service and policies. Unless otherwise required by law, we will notify you (for example, through our Service) before we make changes to these Terms and give you an opportunity to review them before they go into effect. Then, if you continue to use the Service, you will be bound by the updated Terms. If you do not want to agree to these or any updated Terms, you can delete your account.

Intellectual Property

The website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Bear Mountain Studios, its licensors or other providers of such material and are protected by USA and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. The material may not be copied, modified, reproduced, downloaded or distributed in any way, in whole or in part, without the express prior written permission of Bear Mountain Studios, unless and except as is expressly provided in these Terms & Conditions. Any unauthorized use of the material is prohibited.

Agreement to Arbitrate

This section applies to any dispute EXCEPT IT DOESN’T INCLUDE A DISPUTE RELATING TO CLAIMS FOR INJUNCTIVE OR EQUITABLE RELIEF REGARDING THE ENFORCEMENT OR VALIDITY OF YOUR OR Bear Mountain Studios’s INTELLECTUAL PROPERTY RIGHTS. The term “dispute” means any dispute, action, or other controversy between you and Bear Mountain Studios concerning the Services or this agreement, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. “Dispute” will be given the broadest possible meaning allowable under law.

Notice of Dispute

In the event of a dispute, you or Bear Mountain Studios must give the other a Notice of Dispute, which is a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, and the relief requested. You must send any Notice of Dispute via email to: [email protected] Bear Mountain Studios will send any Notice of Dispute to you by mail to your address if we have it, or otherwise to your email address. You and Bear Mountain Studios will attempt to resolve any dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent. After sixty (60) days, you or Bear Mountain Studios may commence arbitration.

Binding Arbitration

If you and Bear Mountain Studios don’t resolve any dispute by informal negotiation, any other effort to resolve the dispute will be conducted exclusively by binding arbitration as described in this section. You are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury. The dispute shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party’s rights or property pending the completion of arbitration. Any and all legal, accounting, and other costs, fees, and expenses incurred by the prevailing party shall be borne by the non-prevailing party.

Disclaimer

Bear Mountain Studios is not responsible for any content, code or any other imprecision.

Bear Mountain Studios does not provide warranties or guarantees.

In no event shall Bear Mountain Studios be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence or other tort, arising out of or in connection with the use of the Service or the contents of the Service. The Company reserves the right to make additions, deletions, or modifications to the contents on the Service at any time without prior notice.

The Bear Mountain Studios Service and its contents are provided “as is” and “as available” without any warranty or representations of any kind, whether express or implied. Bear Mountain Studios is a distributor and not a publisher of the content supplied by third parties; as such, Bear Mountain Studios exercises no editorial control over such content and makes no warranty or representation as to the accuracy, reliability or currency of any information, content, service or merchandise provided through or accessible via the Bear Mountain Studios Service. Without limiting the foregoing, Bear Mountain Studios specifically disclaims all warranties and representations in any content transmitted on or in connection with the Bear Mountain Studios Service or on sites that may appear as links on the Bear Mountain Studios Service, or in the products provided as a part of, or otherwise in connection with, the Bear Mountain Studios Service, including without limitation any warranties of merchantability, fitness for a particular purpose or non-infringement of third party rights. No oral advice or written information given by Bear Mountain Studios or any of its affiliates, employees, officers, directors, agents, or the like will create a warranty. Price and availability information is subject to change without notice. Without limiting the foregoing, Bear Mountain Studios does not warrant that the Bear Mountain Studios Service will be uninterrupted, uncorrupted, timely, or error-free.

Contact Us

Don’t hesitate to contact us if you have any questions.