Effective June 11, 2016
These terms and conditions (“Terms”) are a legal contract between you (either you as an individual or the entity or organization on whose behalf you are entering into these terms and conditions) and BelBella LLC (“BelBella,” “we,” or “us”) for the access to and use of this website, which includes text, media, documentation, pictures and other content (collectively, the “Website”), as well as for the access to and use of any services supplied to you by independent contractors of BelBella (collectively, the “Services”). Such Services may be supplied to you through the Website or through downloadable applications provided by BelBella (collectively, the “Applications”).
By accessing or using the Website, the Services, or the Applications, you agree to be bound by these Terms, including the warranty disclaimers and limitation of liability provisions below. If you do not understand or agree to these Terms, do not access or use the Website, the Services, or the Applications, and please exit the Website now.
BELBELLA IS NOT A DIRECT PROVIDER OF SERVICES. BELBELLA PROVIDES INFORMATION RELATED TO AND A MEANS OF OBTAINING SERVICES, WHICH ARE DIRECTLY PROVIDED BY INDEPENDENT CONTRACTORS. THE COMPANY CONDUCTS IN-PERSON INTERVIEW AND HIRES THIRD PARTIES TO CONDUCT BACKGROUND CHECKS, AND VERIFIES LICENSES AND IDENTITY OF ALL INDEPENDENT CONTRACTORS BEFORE THE INDEPENDENT CONTRACTOR IS CONTRACTED BY THE COMPANY. THE COMPANY DOES NOT ASSUME ANY RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF RESULTS OF THE BACKGROUND CHECKS PRODUCED BY THIRD PARTIES, DOCUMENTS TO VERIFY IDENTITY AND LICENSURE OR PERMIT, OR OTHER DOCUMENTS THAT THE COMPANY MAY REQUEST FROM THE INDEPENDENT CONTRACTOR. YOU ACKNOWLEDGE AND AGREE THAT USE OF THE INDEPENDENT CONTRACTOR IS AT YOUR OWN RISK. YOU AGREE TO EXERCISE THE LEVEL OF CARE THAT A REASONABLE PERSON WOULD EXERCISE TO PROTECT THEIR PERSONAL SAFETY AND PROPERTY WHEN INTERACTING WITH STANGERS. THE COMPANY IS NOT PROVIDER OF SERVICES AND DOES NOT INTEND TO BECOME A PROVIDER OF SERVICES, OR ACT IN ANY MANNER AS A PROVIDER OF SERVICES. BELBELLA ASSUMES NO RESPONSIBILITY OR LIABILITY RELATED TO THE SERVICES PROVIDED BY OR ACTIONS OF SUCH INDEPENDENT CONTRACTORS.
- Information You Provide
- Accessing the Website
When retrieving information from the Website, you are prohibited from (a) using or attempting to use spiders, robots, avatars, intelligent agents, or any other extraction or navigation search except for a normal browser, (b) aggregating, copying or duplicating any of the materials or information available from the Website except for the small amount of materials and information temporarily required for an ordinary single use of the Website, or (c) accessing data not intended for you.
Use of the Website or the Applications may require a login and password that you will create (your “ID”). You are responsible for maintaining the confidentiality of your ID, and you are fully and solely responsible for all activities that occur under your ID. It is up to you to take adequate precautions with your ID, and to immediately notify BelBella of any unauthorized use of your ID.
By accessing or using the Website, the Services, or the Applications, you agree:
- You represent and warrant that you are legally entitled to enter into these Terms and to use the Services.
- You represent and warrant that you are at least 18 years old.
- You shall provide accurate, true, complete and current information belonging to you as prompted during the account registration process and shall keep it current at all times.
- You shall not allow any other person or entity to access or use your account.
- You shall comply with all state and local laws of each location in which you access the Website or use the Services.
- You shall only access or use the Website or the Applications with a compatible device or computer. BelBella assumes no responsibility or liability for loss resulting from failure to comply with this provision.
- You shall be solely responsible for all activity associated with your account, including any posted data, text, images, audio, video, or any other content (collectively, the “Content”).
- You represent and warrant that all Content that you post to the Website or submit through the Applications shall be your wholly original material (except for material that you are using with the permission of its owner), and does not infringe or violate any copyright, trademark or other rights of any third party including any rights of privacy or publicity.
- You shall be solely responsible for keeping a duplicate copy of all Content; we do not accept any responsibility or liability for the loss of your Content.
- You shall not share your password or any other login credentials with any other person or publicly disclose it.
- You shall not use the Website or Applications for any illegal or unauthorized purpose.
- You shall not duplicate or resell the Applications.
- You acknowledge that, by accessing or using the Website and the Applications, certain mobile carrier charges may apply, including SMS messaging charges and data charges.
- You shall not transmit worms, viruses or any code of a destructive nature to BelBella, other users, the Website, or the Applications.
- You shall not abuse, harass, threaten, harm or impersonate other BelBella users or employees of any BelBella Entities or any of its partners, at any time or for any reason.
- You shall not post Content that is hateful, threatening, pornographic, obscene, abusive, unlawful, harassing, racially or ethnically offensive, libelous or defamatory, or any content that encourages unlawful conduct.
Any use of the Website, the Services, or the Applications in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use your ID, the Website, the Services, and/or the Applications. BelBella reserves the right to monitor your use of the Website, the Services, and the Applications to ensure your compliance with these Terms, or pursuant to a court, administrative, or governmental order. Furthermore, we reserve the right to deactivate or suspend use of the Website, the Services, or the Applications for any reason.
- Intellectual Property Rights
The copyrights and other intellectual property in the Website, the Services, and the Applications are owned by BelBella. Subject to your compliance with these Terms, including Section 2 above, you are authorized to view, store, print, copy, and distribute the pages, data, text, images, audio, video, or other content within the Website or Applications for the purposes of your use of the Services or considering use of the Services. This right is non-transferable and non-sublicensable. All other rights are reserved. In consideration of this authorization, you agree that (a) any copy of these documents which you make shall retain all copyright and other proprietary notices contained in such documents and (b) these Terms are included with any distribution.
By posting Content to the Website or submitting Content through the Applications, you hereby grant BelBella a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, and display the Content when operating the Website and Applications, and for BelBella’s internal business purposes, which include the Services.
Subject to your compliance with these Terms, including Section 2 above, you are authorized to download and install a single copy of any of the Applications for your personal, non-commercial use only. This right is non-transferable. All other rights are reserved. You may not sell, transfer, license, sublicense, or distribute the Applications to any third party and you may not use the Website, Services or Applications for the purpose of indirectly or directly competing with BelBella.
- Security Event.
Upon becoming aware of an unauthorized access (Security Event) to your personal information, we will (i) promptly notify you investigate the Security Event; (ii) investigate the Security Event; and (iii) take reasonable steps to mitigate the Security Event; and (iv) take prompt and appropriate corrective measures to minimize any damage resulting from the Security Event in the future. You agree to hold us harmless from any costs to you a associated with any Security Event.
You acknowledge that use of the Website, Services, and Applications may involve fees charged by BelBella. Pricing information displayed on the Website or through the Applications is subject to change. BelBella may increase or decrease fees as it deems necessary. Charges for the Service shall be charged to your credit or debit card upon our sending of an electronic confirmation via text messaging or email to your request for the Service. Cancellation of a scheduled appointment following electronic delivery of our confirmation to you must be received by us at least three hours (3hrs) prior to when the Service is scheduled to occur in order to receive one hundred percent (100%) refund of the amount charged to your credit card.
Standard SMS and data fees may apply when accessing or using the Website or Applications from a mobile device. To opt out of SMS notifications associated with the Services or Applications, please contact BelBella at email@example.com.
- Third Party Websites; Third Party Services
You shall indemnify, defend and hold harmless BelBella and its affiliates, related companies, officers, directors, members, employees, agents, representatives, partners, and licensors (collectively, the “BelBella Entities”) from any and all third party claims, liability, damages and/or costs (including attorneys’ fees) arising from or related to (i) your use of the Website, Services, or Applications, (ii) your violation of these Terms, or (iii) any infringement or misappropriation of any intellectual property right or other right of any person or entity by you or any other user of your user account. You agree to immediately notify BelBella of any unauthorized use of your user account or any other breach of security known to you that may affect the security of the Website or Applications.
- Disclaimers; Limitation of Liability
BelBella provides information through this Website and the associated Applications. While BelBella has undertaken efforts to provide accurate information, it is not comprehensive and BelBella makes no commitment to update the information at any particular time. As a result, the information may not be accurate, up to date or applicable to the circumstances of any particular case. Any decisions you make based on information contained in this Website or the Applications are your sole responsibility.
THE WEBSITE, SERVICES, AND APPLICATIONS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH NO COMMITMENT TO ANY FUTURE FUNCTIONALITY OR FEATURES. YOU ACKNOWLEDGE THAT YOUR USE OF THE WEBSITE, SERVICES, OR APPLICATIONS IS AT YOUR OWN RISK. THE WEBSITE, SERVICES, AND APPLICATIONS ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, BELBELLA AND THE BELBELLA ENTITIES DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE WEBSITE, SERVICES, OR APPLICATIONS WILL MEET YOUR REQUIREMENTS; THAT THE WEBSITE, SERVICES, OR APPLICATIONS WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE WEBSITE OR APPLICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR SOLE REMEDY IN THE EVENT OF ANY DEFICIENCY, ERROR, OR INACCURACY IN THE WEBSITE OR APPLICATIONS SHALL BE TO REQUEST THAT BELBELLA CORRECT THE MATTER OR, IF BELBELLA FAILS TO DO SO, TO DISCONTINUE YOUR USE OF THE WEBSITE, SERVICES, OR APPLICATIONS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE OR APPLICATIONS IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR DEVICE, OR FOR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD. BELBELLA DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR APPLICATIONS, OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND BELBELLA WILL NOT BE A PARTY TO AND IS NOT RESPONSIBLE IN ANY WAY FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES, INCLUDING ANY INDEPENDENT CONTRACTOR PROVIDING THE SERVICES.
BELBELLA ASSUMES NO RESPONSIBILITY OR LIABILITY FOR ASSESSING THE ABILITY OR SUITABILITY OF INDEPENDENT CONTRACTORS, WHO PROVIDE YOU SERVICES AS THIRD PARTIES. YOU EXPRESSLY WAIVE AND RELEASE BELBELLA FROM ANY AND ALL LIABILITY, CLAIMS, OR DAMAGES ARISING FROM INDEPENDENT CONTRACTORS YOU ENCOUNTER THROUGH USE OF THE WEBSITE, SERVICES OR APPLICATIONS. BELBELLA DISCLAIMS ANY AND ASSUMES NO RESPONSIBILITY OR LIABILITY FOR ACTS BY INDEPENDENT CONTRACTORS DURING THE PERFORMANCE OF SERVICES WHICH CAUSE PERSONAL INJURY, PROPERTY DAMAGE, DEATH, THEFT, DEFAMATION, DISPARAGEMENT, DISCRIMINATION, BREACH OR INTERFERENCE WITH A THIRD-PARTY CONTRACT, OR MISREPRESENTATION. YOU ACKNOWLEDGE THAT BELBELLA OWES NO DUTY OF CARE TO YOU AND BELBELLA DISCLAIMS ANY AND ASSUMES NO RESPONSIBILITY OR LIABILITY FOR BREACH OF SUCH A DUTY BY AN INDEPENDENT CONTRACTOR. BELBELLA EXERCISES NO CONTROL OVER THE SCHEDULES OR AVAILABILITY OF INDEPENDENT CONTRACTORS AND SHALL NOT BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES THAT MAY RESULT FROM ISSUES RELATED TO THE SCHEDULE OR AVAILABILITY OF AN INDEPENDENT CONTRACTOR. BELBELLA DISCLAIMS ANY AND ASSUMES NO RESPONSIBILITY OR LIABILITY FOR LOSSES OR DAMAGES RESULTING FROM DISCLOSURE OF YOUR PERSONAL OR CONFIDENTIAL INFORMATION BY AN INDEPENDENT CONTRACTOR. BELBELLA DISCLAIMS ANY AND ASSUMES NO RESPONSIBILITY OR LIABILITY FOR AN INDEPENDENT CONTRACTOR’S FAILURE TO MAINTAIN OR OBTAIN ANY LICENSES OR PERMITS, OR LACK OF TRAINING, EXPERIENCE, OR BUSINESS QUALIFICATIONS NECESSARY TO PROVIDE SERVICES. BELBELLA ASSUMES NO RESPONSIBILITY OR LIABILITY FOR DISPUTES BETWEEN YOU AND ANY INDEPENDENT CONTRACTOR, INCLUDING PAYMENT DISPUTES, AND DISPUTES RELATED TO THE METHOD, DETAILS, AND MEANS THAT AN INDEPENDENT CONTRACTOR CHOOSES TO PERFORM SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE BELBELLA ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE WEBSITE, SERVICES, OR APPLICATIONS; OR (B) ANY CONTENT OBTAINED FROM THE WEBSITE OR APPLICATIONS.
- Controlling Law; Venue
These Terms and any action related to the access or use of the Website, Services, or Applications will be governed by the laws of the Commonwealth of Massachusetts without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Website, Services, or Applications will be brought solely in Suffolk County, Massachusetts, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. If you are accepting these Terms on behalf of a United States federal government entity that is legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you but instead these Terms and any action related thereto will be will be governed by the laws of the Commonwealth of Massachusetts (excluding its choice of law provisions that would apply the laws of another jurisdictions).
- Entire Agreement; No Third Party Beneficiaries
If for any reason a court of competent jurisdiction finds any provision of these Terms or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms, and the remainder of these Terms shall continue in full force and effect. No waiver by us of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. We may revise these Terms from time to time, and the most current version will always be at www.belbella.com. By continuing to access or use the Website, the Services, or the Applications after those revisions become effective, you agree to be bound by the revised terms. We do not assume any obligation to notify you of changes to these Terms.
The headings used in these Terms are for convenience only and have no legal meaning or effect. Terms defined in the singular have the corresponding meanings in the plural, and vice versa. Unless the context of these Terms clearly requires otherwise, words importing the masculine gender include the feminine and neutral genders and vice versa. The terms “include,” “includes” or “including” mean “including without limitation.” The words “hereof,” “hereto,” “hereby,” “herein,” “hereunder” and words of similar import, when used in these Terms, refer to these Terms as a whole and not to any particular section or article in which such words appear. The word “or” will not be construed as exclusive.
Other than the BelBella Entities (solely for purposes of Sections 6 and 7), no other person or company will be third party beneficiaries to these Terms.