Terms & Conditions
Last Updated: September 9, 2019
THIS DOCUMENT IS IMPORTANT, AS IT CONTAINS INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS AS IT PERTAINS TO YOUR USE OF THIS WEBSITE https://www.bellbeverage.com/ (the “SITE” or “site”) AS WELL AS OTHER CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MAY APPLY TO YOU. PLEASE READ CAREFULLY. THE SITE IS PROVIDED BY BELL BEVERAGE., LEGALLY OPERATING AND DOING BUSINESS AS (DBA) BELL BEVERAGE (herein referred to as “THE COMPANY”, “US”, “WE”, OR “OUR”). THE PROVISIONS CONTAINED HEREIN LIMIT THE LIABILITY OF THE COMPANY, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, CONTENT PROVIDERS, SERVICE PROVIDERS, SUPPLIERS, MANUFACTURERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, AND CONTRACTORS (the “COMPANY PARTIES”)
THESE TERMS APPLY TO ALL USERS VISITING OR USING THE SITE IN ANY WAY. THESE TERMS GOVERN THE USE OF DISPUTE RESOLUTION, AND REQUIRE THE USE OF ARBITRATION, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
BY ACCESSING THIS SITE AND/OR SUBSCRIBING TO EMAILS AND/OR BROWSING AND PURCHASING PRODUCTS FROM THE SITE, YOU ARE INDICATING YOUR ACKNOWLEDGEMENT AND ACCEPTANCE OF THESE BINDING TERMS, AND AFFIRMING THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT. YOUR USE OF THIS SITE INDICATES THAT YOU HAVE THE AUTHORITY TO ENTER INTO THE TERMS OF SERVICE OF THE SITE, WHETHER PERSONALLY OR ON BEHALF OF AN ORGANIZATION OR OR COMPANY YOU HAVE NAMED AS THE USER. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF SERVICE, YOU ARE PROHIBITED FROM ACCESSING THIS SITE AND MAY NOT ORDER OR OTHERWISE OBTAIN PRODUCTS OR SERVICES FROM THE SITE. THEREFORE YOU MUST BE THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) THE LEGAL AGE TO FORM A BINDING CONTRACT TO USE THIS SITE IN ANY WAY.
ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO YOUR USE OF THIS SITE WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF DELAWARE.
THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE AT THE COMPANY’S SOLE DISCRETION WITHOUT PRIOR WRITTEN NOTICE AT ANY TIME. ANY CHANGES TO THESE TERMS WILL BE IN EFFECT AS OF THE “LAST UPDATED” DATE REFERENCED AT THE TOP OF THE TERMS PAGE. YOU SHOULD REVIEW THESE TERMS FOR UPDATES EACH AND EVERY TIME YOU ACCESS THE SITE AND PRIOR TO PURCHASING ANY PRODUCT OR SERVICE. YOUR CONTINUED USE OF THE SITE AFTER A NEW “LAST UPDATED” DATE WILL AFFIRM YOUR ACCEPTANCE AND AGREEMENT TO ANY CHANGES.
Changes and Updates to the Website We reserve the right to withdraw or amend the Website, and any products, services or materials we provide on the Website, at our sole discretion without notice. We will not be liable for any damages caused if for any reason all or any part of the Website is unavailable at any time or for any period. During general maintenance we may restrict access to some parts of the Website, or the entire Website.
Description of Use and Services
We provide Visitors and Customers with access to the Website and the Services as described below. Visitors are defined as individuals who do not register with us or make a purchase, but still explore the Website. A Visitor is able to see all public information published on the Website and contact Us (via chat, e-mail, or phone), and may be asked to register an account for full site access and resources. Visitors become Customers after creating and account and making a purchase. Customers can access their personal account information and interact with functions Bell Beverage is under no obligation to accept any individual as a Customer and may choose to accept or reject any user registration at its sole discretion.
You acknowledge and agree that you shall have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and shall forever be owned by and for the benefit of the Company.
To use or access this Website or the full resources it offers, you may be asked to provide certain registration details or other information. In registering an account on the site, you agree to (1) provide true, accurate, current and complete information about yourself as prompted by the registration form (the “Registration Data”); and (2) maintain and update this Registration Data to keep it true, accurate, current and complete at all times. By registering an account, you represent that you are (1) at least eighteen (18) years old; and (2) of legal age to form a binding contract.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You may not share your Account or password with anyone, and you agree to (1) notify the Company immediately of any unauthorized use of your password or any other breach of security; and (2) exit from your Account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You agree that you shall not have more than one Account. We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or any reason, including if, in Our opinion, you have violated any provision of these Terms & Conditions, or on the basis of claims by a third party that a username violates the third party’s rights. You agree not to create an Account or use Company Properties if you have been previously removed by Company, or if you have been previously banned from any of Company Properties.
Order Acceptance and Cancellation
You agree that your order is an offer to buy, under these Terms, all products and/or services listed in your order. All orders must be accepted by us or will not be obligated to sell the products and/ or services to you. We may choose not to accept orders at our sole discretion, even after your order has been confirmed via email.
The Website contains descriptions of dietary supplements and skin care products. We strive to be as accurate as possible with the information regarding supplements and products that are available through the Website (collectively, the “Products”). However, we make no warranties that the Product descriptions, directions, or any other content are complete, accurate, reliable, current, or free of error. If any Product you purchase from Bell Beverage is not as described, your sole remedy is to return it in unused condition. We reserve the right to modify, suspend, or discontinue the sale of any Product at any time, with or without notice, and we will not incur any obligation as a result of such change.
Coupons, Discounts and Free Samples
Coupon codes, including any first order or referral coupon code, cannot be combined with any other coupon code, or any other promotional discount. The Company reserves the right to remove any Free Sample offerings at any time and for any or no reason. The Company also reserves the right to refuse, decline, cancel, or otherwise void any order of a Free Sample if there is a suspected violation of these Terms or for any other reason. There is a strict limit of one (1) Free Sample order per household. Any perceived violation of this rule may result in your entire order being declined or cancelled, and/or your account being permanently closed. Free Samples are intended for use by adults over 18 years of age, like all of our products. By registering to receive a free sample you expressly represent that you are of legal age to use our site and place orders.
Prices, Fees, and Payment Terms
All prices, discounts, and promotions posted on this Site are subject to change without notice. You agree to pay all fees or charges to your Account in accordance with the fees, charges and billing terms in effect at the time such fees or charges are due and payable. The price charged for a product and/or service will be the price in effect at the time the order is placed and will be sent in your order confirmation email. You must provide the Company with a valid credit card (Visa, MasterCard, Discover, AMEX or any other issuer accepted by us). By providing the Company with your credit card number and associated payment information, you represent that (i) your credit card information is true, correct and complete (ii) you are authorized to use the credit card for the purchase (iii) charges incurred by you will be honored by the credit card company and (iv) you will pay all charges incurred, including applicable shipping, handling and taxes. You hereby agree that the Company, and its third-party service provides for payment services are authorized to immediately invoice your Account for all fees and charges due and payable to the Company hereunder and that no additional notice or consent is required. We are not responsible for any fees or charges that your bank or credit card issuer may apply.
From time to time, the Company may offer promotions on the Site that affect pricing and that are governed by terms and conditions separate from these Terms. If there is any conflict between the terms for a promotion and these Terms, the promotion terms will prevail.
Charges to your credit card will appear as “BELL BEVERAGE”
Prices posted on the Site do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total, and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
Please see our return policy for details about returns and refunds.
License to use this Website
Subject to your compliance with these Terms, we or our content providers (as applicable) grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the materials and content (collectively, the “Content”) on this Site. This license does not allow you to resell or make any commercial use of the Site, its Contents or our products sold through the Site; make any derivative use of any of our Content; download, copy, or other use any account information for the benefit of any third party; or use any data mining, robots, or similar data gathering and/or extraction tools. All rights not expressly granted to you in these Terms of Service are reserved and retained by us or our licensors, suppliers, publishers, rights-holders, or other content providers. No Content on, or product sold through, this Site may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our prior express written consent. You may not misuse our products or Content. You may use our Site only as permitted by law and these Terms & Conditions. The licenses we have granted you terminate if you do not comply with these Terms & Conditions.
YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING YOUR PASSWORD AND IDENTIFICATION WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING, WITHOUT LIMITATION, FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE.
All User Contributions and Submissions must comply with the Content Standards set out in the following Provisions.
Any User Submission that you post to the Website or other Company properties (i.e. social media) will be considered non-confidential and non-proprietary. By providing any User Submission on the Website or social media, you grant us and our affiliates, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose in perpetuity.
By submitting any content or Contribution, You represent that:
- You own and/or control all rights in and to the User Submissions and have the right to grant the license granted above to us and our affiliates, and each of their and our respective licensees, successors and assigns.
- All of your User Contributions do and will comply with these Terms & Conditions.
- You understand and acknowledge that you are responsible for any User Submissions you contribute, and you, not the Company, have full responsibility for such content, including its license, legality, reliability, accuracy and appropriateness.
- We are not responsible, or liable to any third party, for the content or accuracy of any User Submissions posted by you or any other user of the Website.
We reserve the right to:
- Refuse to post, or remove after posting, any User Submissions for any reason at our sole discretion.
- Take any action with respect to any User Submissions that we deem necessary or appropriate in our sole discretion, including if we believe that such User Submissions violate the Terms & Conditions, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public or could create liability for the Company.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy, or
- Disclose such information to appropriate law enforcement authorities if requested.
- Take appropriate legal action, including referral to law enforcement for any illegal or unauthorized use of the Website or other company properties.
- Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms & Conditions.
Take any action with respect to any User Submissions that we deem necessary or appropriate in our sole discretion, including if we believe that such User Submissions violate the Terms & Conditions, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public or could create liability for the Company.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
The Company does not to review all material before it is posted on the Website, and cannot ensure immediate removal of objectionable content after it has been posted. We assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or non-performance of the activities described in this section.
Ownership; Trademarks, Copyrights, Intellectual Property Rights
Except with respect to your User Submissions and the Submissions of other users, you agree that Company and its suppliers own all rights, title and interest in Company Properties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, the Services, or Company Properties.
The Company name, the Company logo, other logos, trademarks, service marks, graphics, images, HTML, codes, multimedia clips, Java codes, button icons, banners and software appearing in this site are the property of the Company or its affiliates or licensors. You must not use such marks or material without the prior written permission of the Company. The Company Name, logo, trademarks and trade dress may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us.
The Website and all of it accessible contents, features and functionality (including but not limited to all information, software, design, text, images, video and audio) are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. No material from this site or other Company properties (i.e. social media) may be modified, reproduced, transferred, sold, copied, republished, uploaded, downloaded, or distributed in any way.
Intellectual Property Rights
The Website and its entire accessible contents, features and functionality (including but not limited to all information, software, design, text, images, video and audio) are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. No material from this site may be modified, reproduced, transferred, sold, copied, republished, uploaded, downloaded, or distributed in any way.
DIGITAL MILLENNIUM COPYRIGHT ACT
Bell Beverage respects the intellectual property rights of others. We will investigate all claims of copyright infringement and remove any Content or User Submissions in violation of any copyright laws.
If you believe that your copyrighted work has been used or displayed on our Website in a way that constitutes copyright infringement, please report the alleged infringements by completing the following steps and by notifying our Designated Agent listed below. Pursuant to Title 17, United States Code, Section 512(c)(2), all notifications of claimed copyright infringement should be sent ONLY to our Designated Agent:
Attention: Legal Department
811 7th Street, 12th Floor
Los Angeles, CA 90017
In accordance with Title 17, your claim should provide the following information:
- a clear and complete description of the copyrighted work that has been infringed and the specific location on the Website and/or the Services where such work is located
- a clear and complete description of the location of the original or an authorized copy of the copyrighted work
- your contact information including your name, address, telephone number and e-mail address
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law
- a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf
- an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
Links on the Website
The Website and/or content distributed by the Company may contain links to other sites and resources provided and maintained by third parties. These hyperlinks are provided only for your convenience, as a service to our users, and are not sponsored by or affiliated with this Site or with Us. This includes links contained in advertisements, including banner advertisements and sponsored links. We have not reviewed and have no control over the contents of those sites or resources, and are not responsible for the Content of those sites. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. The use of any hyperlink to a third-party site does not imply that we endorse that site.
PLEASE NOTE THAT YOUR RELATIONSHIP WITH THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND WE WILL HAVE NO LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO THEM BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS.
The Company uses electronic methods to communicate with you. In acceptance of these terms, you (1) consent to receive communications from Company in electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and all other communications that Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. You should not e-mail us any content that contains confidential information. With respect to all emails you send to us, including but not limited to, feedback, questions, comments and suggestions, we shall be free to use any ideas, concepts, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production, and marketing of products and services that incorporate such information.
Restrictions On Use
For instance, you may not (and may not authorize any other party to) (i) co-brand this site, (ii) frame or use framing techniques to enclose any of our or our Content owner’s trademarks, logos, or other proprietary information (including images, text, page layout, or form), (iii) hyperlink to this site, or (iv) use any meta tags or any other “hidden text” using our name or trademarks without the express prior written permission of one of our authorized representatives. For purposes of these Terms of Service, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that associates our product with someone other than Us or that such other party has the right to display, publish, or distribute this Site or Content accessible within this site. You agree to cooperate with our Company in ceasing any unauthorized co-branding, framing or hyperlinking immediately.
Geographic Restrictions – U.S. LAW APPLIES THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY EXCLUDED FROM THIS AGREEMENT.
NONE OF THE STATEMENTS MADE REGARDING BELL BEVERAGE PRODUCTS HAVE BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION (“FDA”). ALL PRODUCTS, INFORMATION, SERVICES AND OTHER CONTENT PROVIDED ON THIS WEBSITE OR OTHERWISE VIA “BELL BEVERAGE”, INCLUDING INFORMATION THAT MAY BE PROVIDED ON THIS WEBSITE DIRECTLY OR FROM ANY MOBILE APPLICATION, SOCIAL MEDIA PLATFORM, OR BY LINKING TO THIRD-PARTY SITES, ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT INTENDED TO PROVIDE MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. ALWAYS CONSULT WITH A DOCTOR, PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROFESSIONAL REGARDING ANY MEDICAL OR HEALTH-RELATED DIAGNOSIS OR TREATMENT OPTIONS. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING SUCH ADVICE BECAUSE OF SOMETHING YOU HAVE READ ON THIS WEBSITE OR ON BELL BEVERAGES’ SOCIAL MEDIA PAGES OR CHANNELS. NONE OF THE STATEMENTS MADE REGARDING BELL BEVERAGE PRODUCTS HAVE BEEN EVALUATED BY THE FDA (FOOD AND DRUG ADMINISTRATION).
Any statements found on this site or within any materials or products we distribute or sell have not been evaluated by the Food and Drug Administration (“FDA”). Neither the efficacy of these products nor the ingredients in any of the products available on the Site have been approved or endorsed by the FDA or any regulatory agency. The products on the site are not intended to diagnose, treat, cure or prevent any disease. The information on this site or other materials or products we distribute are are not intended to be a substitute for or alternative to informed medical advice or care. If you are pregnant, nursing, taking medication, have a medical condition, or suspect any of the above, consult with a physician before using any of our products.
You understand that we cannot and do not guarantee or warrant that files available for download from the Internet will be free of viruses, worms or other destructive malicious code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means for the prevention of of such occurrence and the reconstruction of any lost data.
We do not assume any responsibility or risk for your use of the Internet. We will not be liable for any loss or damage caused by destructive code or any other technologically harmful attack.
YOUR USE OF THE COMPANY PROPERTIES, THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, OR STATUTORY. WE HEREBY DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
YOU, AND NOT US, ASSUME THE ENTIRE COST OF ALL SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. WE MAKE NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND WE DO NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE CONTENT.
Limitation on Liability
YOU HEREBY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL THE COMPANY OR COMPANY PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH COMPANY PROPERTIES, OR COSTS AND DAMAGES DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE TERMS, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF COMPANY PROPERTIES, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE COMPANY PROPERTIES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH COMPANY PROPERTIES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (4) ANY OTHER MATTER RELATED TO COMPANY PROPERTIES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A COMPANY PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A COMPANY PARTY’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A COMPANY PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, EXTENSIONS OF THE WEBSITE SUCH AS SOCIAL MEDIA, ANY WEBSITES LINKED TO THIS SITE, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
You hereby agree to indemnify and hold the Company, its subsidiaries, affiliates, licensors, content providers, service providers, suppliers, employees, agents, officers, directors, and contractors (collectively, the “Indemnified Parties”) harmless from loss, damages, judgments, awards, costs, expenses, and attorney’s fees (collectively, “Losses”) relating to or arising out of your breach of these Terms & Conditions or your use of the Website, including but not limited to (i) any use of Content other than as expressly authorized in these Terms; (ii) your Submissions to, use of or inability to use, the Company Properties; (iii) your use of the products purchased on the site; or (iv) violation of any applicable laws, rules or regulations.
You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorney’s fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this Site or the purchase of any products. You agree that the provisions in this section will survive any termination of your Account, the Terms & Conditions, or your access to Company Properties.
Dispute Resolution – Arbitration
Arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. You may choose to have the arbitration by telephone, through written submissions, or in person at a mutually agreed upon location.
The arbitrator will have exclusive authority to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be enforced as a judgment in any court of competent jurisdiction.
THE REQUIREMENT TO ARBITRATE MEANS YOU ARE WAIVING ANY RIGHT TO A TRIAL BY JURY. IN ANY DISPUTE, NEITHER YOU NOR BELL BEVERAGE WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. No party to any mediation or arbitration under this clause shall be required to participate in any mediation or arbitration proceeding that involves more than one adverse party. The mediation or arbitration of any dispute shall not be joined or consolidated with the mediation or arbitration of any other dispute, even if such other dispute relates to, arises out of or raises similar factual or legal claims.
You may not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this provision is a violation of the terms and shall be null and void. Furthermore, no assignment or delegation shall relieve you of any of your obligations under these Terms.
You hereby release the Company, its subsidiaries, affiliates, licensors, content providers, service providers, suppliers, employees, agents, officers, directors, and contractors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from (i) your use of Company Properties, including but not limited to, any interactions with or conduct of other users or third-party websites of any kind arising in connection with or as a result of the Terms of Service or your use of Company Properties; and (ii) any action taken by us during or as a result of our investigations and/or from any actions taken as a consequence of investigations by us or others, including law enforcement authorities.
If you are a current resident of California, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor. The foregoing release does not apply to any claims, demands, or any losses, damages, rights and actions of any kind, including personal injuries, death or property damage for any unconscionable commercial practice by a Company Party or for such party’s fraud, deception, false, promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Site or any Services provided hereunder.”
If any provision or subsection of these Terms & Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms & Conditions will continue in full force and effect.
How To Contact Us
This Website is owned and operated by BELL BEVERAGE.
If you have questions, comments, feedback or concerns about these Terms & Conditions, or other communications relating to the Website, please contact us at:
2809 S Front St
Philadelphia, PA 19148