Terms of Service

This website is owned and operated by 3EING LLC (“3EING”). It is incumbent upon you (the “User” or “Users”) to read these Terms of Service (“Terms”) before using this website (the “Site”). Simply by accessing the Site and/or purchasing a product the User becomes engaged in the “Service” of 3EING and agrees to be legally bound by the following Terms (and all conditions, disclaimers, and applicable laws therein). If the User does not agree to all of the Terms of Service then they do not have permission to access the Site or make use of any Service therein.

By agreeing to the Terms the User acknowledges that they are at least 18 years old or that the User is 18 years of age or older and has given their express consent to permit any of their minor dependents access to the Site. The headings used in the Terms are for ease of navigation and do not impact the content of the Terms. If the proposal of the Terms is considered an offer, then agreeing to them is expressly limited to these Terms of Service. The Terms are governed by and construed in accordance with the laws of Lexington, Kentucky (US) and any arbitration or disputes arising from the Service shall be governed by those laws.

GENERAL

The User understands and accepts that the submission of personal information is governed by the Privacy Policy and may be transferred unencrypted between various networks. 3EING does not have access to Users credit/debit card information (as the Site processes payments exclusively via PayPal) unless the User creates an account on the Sites and enters such information into the My Account portal on their own accord. Read our entire Privacy Policy by clicking here.

3EING reserves the right to refuse service to anyone for any reason at any time. Products purchased on the Site may not be used for any unauthorized, illegal purpose, or in any way other than intended (for example, t-shirts are intended only to be worn as clothing, and canvas prints are intended to be displayed as art objects). Termination of Services will follow as a result of any violation of the Terms.

The most current version of the Terms can be accessed at any time on this page and any previous versions have been archived. 3EING reserves the right, at its sole discretion, to modify, replace or terminate any part of the Terms by making changes to the Site without prior notification to Users. It is the sole responsibility of the User to check this page for any modifications made to the Terms. Continuing to use the Site implies the User’s acceptance of any such alterations. Any new products and/or features which are added to the Site will also be subject to the Terms. 3EING reserves the right at any time to remove the website, place it under construction, close for extended periods for any reason, or otherwise shutdown for indefinite periods of time without prior notice.

PRODUCTS

3EING reserves the right to limit the amount of products available for purchase. Currently, no more than three variations of a single product can be purchased on the Site in a single order. 3EING reserves the right to cancel any order at any time for any reason, including apparent attempts to circumvent the maximum number of products allowed by placing multiple orders in a short time (this includes, but is not limited to, orders placed using an identical credit card, PayPal account, or using the same billing/shipping address).

Returned products are processed only according to the Site’s Return Policy (3EING does not currently offer product exchanges). 3EING reserves the right at any time to alter, terminate, or otherwise modify the price, description, or existence of any and/or all products on the Site without prior notice.

Due to the handcrafted nature of our printing process we are unable to guarantee that a particular product will meet your expectations. However, if a User is dissatisfied with a particular product they are welcome to return it so long as the return is in accordance with the Return Policy. Any offer made on the Site is necessarily void where prohibited.

SHIPPING

3EING currently offers free shipping on all US Orders, though it reserves the right to amend this practice at any time — including but not limited to issuing shipping fees to our customers. 3EING does not currently offer international shipping from our website. Due to the artisanal nature of the products, limited workshop space, and a current inability to finance large inventory volumes shipping lead times are subject to change and vary based upon current order volumes. 3EING reserves the right to modify shipping lead times at any time and without prior notice.

The most up to date lead/transit times can be located on individual product pages, however 3EING does not guarantee that a User’s product will arrive by the lead time specified on a particular product page, nor does 3EING make any guarantees regarding the accuracy of the shipping lead times posted on specific pages. Any lead times specified are for the convenience of the User and are estimates only. By purchasing a product the User understands and accepts that it may arrive faster or slower than what is stated on the product page currently or at the time the User purchased the product.

DISCLAIMER

3EING does not guarantee that the User’s use of the Site will be uninterrupted and/or secure, nor does it guarantee the accuracy of content on the Site. Further, 3EING does not warrant or claim that the server that hosts the Site will be free of viruses or other elements of a destructive nature. By using the Site you agree to do so solely at your own risk. Users agree that information on the Site may be inaccurate (such as an incorrect price due to typographical error) or abnormally interrupted due to high volume traffic or slow server response times. 3EING reserves both the right to cancel orders for any reason at any time, and the right to correct any errors, including but not limited to products listed at an incorrect price, even in cases when Users have already submitted the order in question. Finally, 3EING does not accept responsibility for updating specific information on the Site except as required by law.

LIMITATION OF LIABILITY

YOU, THE USER, AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, 3EING LLC, ITS DIRECTOR/OFFICER, ANY EMPLOYEES OR PARTNERS, CONTRACTORS, SUBCONTRACTORS, LANDLORD, SUPPLIERS, OR AFFILIATES SHALL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES WHATSOEVER (WHETHER TANGIBLE OR INTANGIBLE, DIRECT OR INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR OTHERWISE) RESULTING FROM OR IN CONNECTION TO THE USE, MISUSE, OR PERFORMANCE OF THE PRODUCTS, MATERIALS, CONTENTS, AND/OR SERVICES AVAILABLE ON OR FROM THE SITE, UNLESS THE USER RESIDES IN A STATE OR JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OF THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN WHICH CASE THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. ALL PRODUCTS AVAILABLE ON THE SITE ARE SOLD ‘AS IS’ AND ‘AS AVAILABLE’ EXCLUSIVELY FOR INTENDED USE BY THE USER (T-SHIRTS ARE INTENDED ONLY AS CLOTHING ITEMS, CANVAS PRINTS ARE INTENDED ONLY AS DISPLAY WORTHY ART OBJECTS) WITHOUT IMPLIED WARRANTIES, QUALITY ASSURANCES, OR DURABILITY GUARANTEES.

THIRD-PARTY LINKS.

The Site contains various external hyperlinks to websites operated by third parties (that are not necessarily endorsed by 3EING). Users agree that 3EING has no liability for the content on or data practices of external sites (linked to from the Site) including but not limited to privacy policies, terms of service, security features, and/or independent actions of third party sites. Users agree that access to third party sites is done entirely at the risk of the User. 3EING has not been legally authorized to use any trademarks or copyrighted materials accessible through links to third party websites, with the exceptions of 3ane.com, calligraphical.com, awakenbeginnings.com and 3eing.org.

INTELLECTUAL PROPERTY

The Site is copyrighted as a collective work under U.S. copyright law (© 2020) and is owned by 3EING LLC— All Rights Reserved. All trademarks (registered and unregistered) are proprietary works of 3EING LLC. Though calligraphy is not a protected class under US copyright law, allegations of copyright infringement against 3EING can be addressed to admin@beingbeingbeing.com.

USER FEEDBACK

If Users submit specific comments (with or without a request from 3EING) such as a product review, suggestions, or other materials, whether online, by email, postal mail, or otherwise (collectively, ‘comments’), the User agrees that 3EING may, at any time, without restriction, edit, copy, publish, distribute, disclose, translate, incorporate and/or otherwise use in any medium any comments, product reviews, and/or other materials that Users send. 3EING shall be under no obligation (1) to regard any comments as being confidential or proprietary; (2) to pay compensation for any comments; or (3) to respond to any comments. 3EING may, but will have no obligation to, monitor, edit or remove content that they determine, in their sole discretion, are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or the Terms.

Users agree that their comments will not violate any right of 3EING or any third-party, including copyright, trademark, privacy, personality or other personal or proprietary rights. Users further agree that their comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. Users may not use a false e‑mail address, pretend to be someone other than their self, or otherwise mislead 3EING or third-parties as to the origin of any comments. Users are solely responsible for any comments they make and their accuracy. 3EING takes no responsibility and assumes no liability for any comments posted by the User or any third-party.

PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation our website or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of our website or any related website, or the Internet.

INDEMNIFICATION

The User agrees to indemnify, defend, and hold harmless 3EING LLC, its officer/director, affiliates, any employees or partners, contractors, subcontractors, landlord, and/or suppliers, from and against any claim and demand, including losses, expenses, damages, costs, and/or reasonable attorneys’ fees, made by the User or any third party resulting from the User’s conduct, any violation of the Terms, any violation of the rights of a third party, or any illicit or negligent activity related directly to the User or indirectly to the User’s Internet account.

SEVERABILITY

In the event that any provision of the Terms is determined to be unlawful, void or unenforceable, such provision(s) shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

ARBITRATION.

By using this Site, Users agree that 3EING at its sole discretion, may require Users to submit any disputes arising from the use of the Site, or the Terms concerning or, including disputes arising from or concerning their interpretation, violation, nullity, invalidity, non-performance or termination, as well as disputes about filling gaps in this contract or its adaptation to newly arisen circumstances, to final and binding arbitration under the International Rules of Arbitration of the American Arbitration Association, by one or more arbitrators appointed in accordance with the said Rules. Notwithstanding these rules, however, such proceeding shall be governed by the laws of the state as set forth in the previous section.

Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party’s actual damages in any arbitration initiated under this section, except as may be required by statute.

TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. The Terms are effective unless and until terminated by either 3EING or the User. Users may terminate the Terms at any time by notifying 3EING that the User no longer wishes to use its Services, or when the User ceases using the Site.

If, in the sole judgment of 3EING, the User fails, or 3EING suspects that the User has failed, to comply with any term or provision of the Terms, 3EING may terminate this agreement at any time without notice and the User will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny the Users access to our Services (or any part thereof).

AGREEMENT

The failure of 3EING to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right(s) or provision(s). The Terms and any policies or rules posted by 3EING on the Site or in respect to the Service constitutes the entire agreement and understanding between the User and 3EING and governs the Users use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between the User and 3EING (including, but not limited to, any prior versions of the Terms). Any ambiguities in the interpretation of the Terms shall not be construed against 3EING.

CONTACT

Questions about the Site or Terms may be addressed to admin@beingbeingbeing.com.