Last Updated: 11/20/2020
Please read the following Terms of Service Agreement carefully. By accessing or using our website (The "Site") or our services, you hereby agree to be bound by these terms and conditionals and all terms incorporated herein by reference. It is the responsibility of you, the user, customer, or prospective customer to read the terms and conditions before proceeding to use this site. If you do not expressly agree to all of the Terms and Conditions, then please do not access or use our site or our services.
The present terms and conditions (this "Agreement" or "Terms") is a legal agreement between you and Bellaware Inc. (hereinafter " Bellaware"), a company duly organized and validly existing,located at P.O. Box 18591 Spokane, Wa. 99228-0591.This Agreement annuls and voids all previous agreements.
The Site (http://bellaware.com) is operated by Bellaware. Throughout the Site, the terms "we","us" and "our" refer to Bellaware. Bellaware offers this Site, including all information, tools and services available from this Site to you, the user, conditioned upon your acceptance of all terms,conditions, policies and notices stated here.
By visiting our Site and/or purchasing something from us, you engage in our "Service" and agree to be bound by the following terms and conditions, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants,and/or contributors of content. In the event of an inconsistency between this Agreement and any additional terms or policies referenced herein, the provisions of the additional terms or policies shall control.
Please read these Terms carefully before accessing or using our Site. By accessing or using any part of the Site, you agree to be bound by these Terms. If you do not agree to all the Terms of this Agreement, then you may not access the Site or use any Service. If these Terms are considered an offer, acceptance is expressly limited to these Terms.
Any new features or tools which are added to the current store shall also be subject to the Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.
By agreeing to these Terms, you represent that you are at least the age of (18) majority in your state or province of residence, or that you are the age of (18) majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Site. You may not use our products or Site for any illegal or unauthorized purpose nor may you, in the use of our products or Site, violate any laws in your jurisdiction (including but not limited to motor vehicle laws).
You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your account and right to use our Service. We have the right, but not the obligation, to take any of the following actions in our sole discretion at any time and for any reason without giving you any prior notice:
CREATING AN ACCOUNT. Once you create an account with us, you are registered on the Bellaware Site. The terms"member," "membership," and "account" all refer to this registration as a member on Bellaware's Site. If you are merely surfing or browsing through the Site and have not yet created an account,your use of the Site is still subject to this Agreement; if you do not agree to this Agreement, do not use the Site. When you create an account, you will provide a unique username and email. We will also ask you to create a password. Because any activities that occur under your username or password are your responsibility it is important for you to keep your username and/or password secure. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Bellaware is not responsible for third party access to your account that results from theft or misappropriation of your account. Notify us immediately if you believe that someone has used your username, email, or password without your authorization. Furthermore, the registering party hereby acknowledges, understands and agrees to:a) furnish factual, correct, current and complete information with regards to yourself as may be requested by the data registration process, and b) maintain and promptly update your registration and profile information in an effort to maintain accuracy and completeness at all times. If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete nature,Bellaware Inc. will have sufficient grounds and rights to suspend or terminate the member in violation of this aspect of the Agreement, and as such refuse any and all current or future use of Bellaware Inc. Services, or any portion thereof.
As a user or member of the Site, you herein acknowledge, understand and agree that all information, text, software, data, photographs, music, video, messages, tags or any other content, whether it is publicly or privately posted and/or transmitted, is the expressed sole responsibility of the individual from whom the content originated. In short, this means that you are solely responsible for any and all content posted, uploaded, emailed, transmitted or other wise made available by way of the Bellaware Services, and as such, we do not guarantee the accuracy, integrity or quality of such content. It is expressly understood that by use of our Services, you may be exposed to content including, but not limited to, any errors or omissions in any content posted, and/or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available by Bellaware. Furthermore, you herein agree not to make use of Bellaware Inc.'s Services for the purpose of:
Bellaware Inc. herein reserves the right to include the use of security components that may permit digital information or material to be protected, and that such use of information and/or material is subject to usage guidelines and regulations established by Bellaware Inc. or any other content providers supplying content services to Bellaware Inc.. You are hereby prohibited from making any attempt to override or circumvent any of the embedded usage rules in our Services. Furthermore, unauthorized reproduction, publication, distribution, or exhibition of any information or materials supplied by our Services, despite whether done so in whole or in part, is expressly prohibited.
Due to the global nature of the internet, through the use of our network you hereby agree to comply with all local rules relating to online conduct and that which is considered acceptable content. Uploading, posting and/or transferring of software, technology and other technical data may be subject to the export and import laws of the United States and possibly other countries. Through the use of our network, you thus agree to comply with all applicable export and import laws, statutes and regulations, including, but not limited to, the Export Administration Regulations(http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the sanctions control program ofthe United States (http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx). Furthermore, you state and pledge that you:
Bellaware Inc. shall not lay claim to ownership of any content submitted by any visitor, member,or user, nor make such content available for inclusion on our website Services. Therefore, you hereby grant and allow for Bellaware Inc. the below listed worldwide, royalty-free and non-exclusive licenses, as applicable:
Those areas which may be deemed "publicly accessible" areas of Bellaware Inc.'s Sites are those such areas of our network properties which are meant to be available to the general public, and which would include message boards and groups that are openly available to both users and members. However, those areas which are not open to the public, and thus available to members only, would include our mail system and instant messaging.
Bellaware Inc. may provide an area for our user and members to contribute feedback to our website. When you submit ideas, documents, suggestions and/or proposals ("Contributions") to our site, you acknowledge and agree that:
All users and/or members agree to insure and hold Bellaware Inc., our subsidiaries, affiliates,agents, employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party which may arise from any content a member or user of our Site may submit, post, modify,transmit or otherwise make available through our Services, the use of Bellaware Services or your connection with these Services, your violations of the Terms of Service and/or your violation of any such rights of another person.
The member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell or exploit for any commercial reason any part, use of, or access to Bellaware's sites.
Bellaware Inc. reserves the right at any time it may deem fit, to modify, alter and or discontinue,whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration,modification, suspension and/or discontinuance of our Services, or any part thereof.
As a member of http://bellaware.com, you may cancel or terminate your account, associated email address and/or access to our Services by submitting a cancellation or termination request to .As a member, you agree that Bellaware Inc. may, without any prior written notice, immediately suspend, terminate, discontinue and/or limit your account, any email associated with your account, and access to any of our Services. The cause for such termination, discontinuance,suspension and/or limitation of access shall include, but is not limited to:
Either Bellaware Inc. or any third parties may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third-party sites or resources. Furthermore, you acknowledge and agree that Bellaware Inc. shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of,caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or Services made available on or through any such site or resource.
You do hereby acknowledge and agree that Bellaware Inc.'s Services and any essential software that may be used in connection with our Services ("Software") shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any Content which may be contained in any advertisements or information presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore,except for that which is expressly permitted by applicable law or as authorized by Bellaware Inc. or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute,transmit, broadcast, publicly perform and/or created any plagiarist works which are based on Bellaware Inc. Services (e.g. Content or Software), in whole or part. Bellaware Inc. hereby grants you a personal, non-transferable and non-exclusive right and/or license to make use of the object code or our Software on a single computer, as long as you do not, and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from,reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sub license, grant a security interest in and/or otherwise transfer any such right in the Software. Furthermore, you do herein agree not to alter or change the Software in any manner, nature or form, and as such, not to use any modified versions of the Software,including and without limitation, for the purpose of obtaining unauthorized access to our Services. Lastly, you also agree not to access or attempt to access our Services through any means other than through the interface which is provided by Bellaware Inc. for use in accessing our Services.
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT BELLAWARE INC.AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT ,INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:
In the event you have a dispute, you agree to release Bellaware Inc.(and its officers, directors,employees, agents, parent subsidiaries, affiliates, co-branders, partners and any other third parties) from claims, demands and damages (actual and consequential) of every kind and nature,known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dispute.
Bellaware Inc. may furnish you with notices, including those with regards to any changes to the Terms, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our website Services, or other reasonable means currently known or any which may be hereinafter developed. Any such notices may not be received if you violate any aspects of the Terms by accessing our Services in an unauthorized manner. Your acceptance of this Agreement constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorized manner.
You herein acknowledge, understand and agree that all of the Bellaware Inc. trademarks, copyright, trade name, service marks, and other Bellaware Inc. logos and any brand features,and/or product and service names are trademarks and as such, are and shall remain the property of Bellaware Inc.. You herein agree not to display and/or use in any manner the Bellaware Inc. logo or marks without obtaining Bellaware Inc.'s prior written consent. Bellaware Inc. will always respect the intellectual property of others, and we ask that all of our users do the same. With regards to appropriate circumstances and at its sole discretion, Bellaware Inc. may disable and/or terminate the accounts of any user who violates our Terms and/or infringes the rights of others. If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide to us the following information:
This Agreement constitutes the entire agreement between you and Bellaware Inc. and shall govern the use of our Services, superseding any prior version of this Agreement between you and us with respect to Bellaware Inc. Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other Bellaware Inc. Services,affiliate Services, third-party content or third-party software.
It is at the mutual agreement of both you and Bellaware Inc. with regard to the Agreement that the relationship between the parties shall be governed by the laws of the state of Washington without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to the Agreement, or the relationship between you and Bellaware Inc., shall be filed within the courts having jurisdiction within the County of Spokane,Washington or the U.S. District Court located in said state. You and Bellaware Inc. agree to submit to the jurisdiction of the courts as previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
At any time, should Bellaware Inc. fail to exercise or enforce any right or provision of the Agreement, such failure shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.
You acknowledge, understand and agree that your account is non-transferable and any rights to your ID and/or contents within your account shall terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Services or the Agreement must be filed within year(s) after said claim or cause of action arose or shall be forever barred.
Please report any and all violations of this Agreement to Bellaware Inc. as follows:Mailing Address:Bellaware Inc. P.O. Box 18591 Spokane, Wa. 99228-0591Telephone: 509-280-4282Fax: Bellaware Email: email@example.com
The Site is controlled, operated and administered by Bellaware from our offices within the USA. If you access the Site from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use Bellaware's content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations in any country in which you may reside or operate from outside of the USA.
Occasionally there may be information on our Site that contains typographical errors,inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers,product shipping charges, transit times and availability. We reserve the right to correct any errors,inaccuracies or omissions, and to change or update information or cancel orders if any information on the Site or on any related Site is inaccurate at any time without prior notice(including after you have submitted your order).We undertake no obligation to update, amend or clarify information on the Site or on any related Site, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Site or on any related Site, should be taken to indicate that all information on the Site or on any related Site has been modified or updated.