This Agreement was last modified on September 21st, 2020.
The following are terms of a legal agreement between you and Belle Applications, Inc. (“we,” “us,” “our,” or the “Company”). By accessing, browsing and/or using this service (“Product Alliance”), its related web pages, interactive features and applications, and their respective contents, or any other website linking to these terms, whether accessed via computer, mobile device or other technology (collectively, the “Site”), you acknowledge that you have read, understood, and agree, to be bound by these “Terms of Service” (the “Terms”) and to comply with all applicable laws and regulations, including export and re-export control laws and regulations. If you do not agree to all of these terms, we are unwilling to grant you access to the Site, and you must immediately cease use of the Site.
These Terms require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to you in the event of a dispute.
If you choose to create an account (“Account”), you represent and warrant to us that all information you provide to us is true, accurate, current and complete, and you agree to maintain and promptly update such information to keep it true, accurate, current and complete. If we believe or suspect that such information is untrue, inaccurate, not current, or incomplete, we may deny or terminate your access to the Web Site (or any portion thereof). When you set up an Account, you are required to submit your email address and choose a password. You may not transfer or share your user name and password with any third parties. You are solely responsible for maintaining the confidentiality of your Account log-in information, including but not limited to taking steps to prevent unauthorized access by safeguarding your log-in information. You are solely responsible for any and all use of your Account and all activities that occur through your Account.
Furthermore, you agree to not share your account credentials with any other person or organization. We reserve the right to terminate your account and permanently ban you, as well as the aforementioned person(s) or organization(s), from Product Alliance should you engage in credential sharing.
You agree not to, and represent and warrant that you will not, reproduce, duplicate, copy, sell, resell or exploit any portion of the Web Site, or access to the Web Site for any purposes other than for your internal business purposes, or do any of the following:
By providing Belle Applications, Inc. with a payment method, you: (i) represent that you are authorized to use the payment method that you provided and that any payment information you provide is true and accurate; (ii) authorize the Company to charge you for any products, services or available content purchased using your payment method; and (iii) authorize the Company to charge you for any paid feature of the Web Site that you choose to sign up for or use. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed in connection with your transactions. We may bill you (a) in advance; (b) at the time of purchase; (c) shortly after purchase; or (d) on a recurring basis for subscriptions. Also, we may charge you up to the amount you have approved, and we will notify you in advance and in accordance with the terms of your subscription of any change in the amount to be charged for recurring subscriptions. We may bill you at the same time for more than one of your prior billing periods for amounts that haven't previously been processed. See the Automatic Renewal section below.
If you are taking part in any trial-period offer, you must cancel the service by the end of the trial period to avoid incurring new charges unless we notify you otherwise. If you do not cancel the service at the end of the trial period, you authorize us to charge your payment method for the product or service.
All sales are final. No refunds will be given on any purchases, unless otherwise provided by a law or particular product offer.
Content from other users and third parties may be made available to you through the Web Site (“Third Party Content”). Because we do not control Third Party Content, you agree that we are not responsible for any such content. We make no guarantees about the accuracy, currency, suitability or quality of the information in such Third Party Content, and we assume no responsibility for unintended, objectionable, inaccurate, misleading or unlawful Third Party Content made available by other users or third parties, or violation of any third party rights related to such content.
Links on the Web Site to third-party web sites are provided solely as a convenience to you, and if you use these links, you will leave Belle Applications, Inc.; Belle Applications, Inc. makes no representations whatsoever about any other web site which you may access through this one. When you access a third-party web site, even one that may contain the Product Alliance logo, please understand that it is independent from Belle Applications, Inc., and that Belle Applications, Inc. has no control over the content on that web site. In addition, a link to a third-party web site does not mean that Belle Applications, Inc. endorses or accepts any responsibility for the content, or the use, of such web site. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature.
IN NO EVENT WILL THE COMPANY BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS WEB SITE, OR ON ANY OTHER HYPERLINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED (OR SHOULD HAVE KNOWN) OF THE POSSIBILITY OF SUCH DAMAGES.
YOU EXPRESSLY AGREE THAT USE OF THE WEB SITE IS AT YOUR SOLE RISK. ALL INFORMATION IS PROVIDED BY THE COMPANY ON AN "AS IS" BASIS ONLY. THE COMPANY PROVIDES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, AND NONINFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE COMPANY MAKES NO WARRANTY THAT THE WEB SITE WILL MEET YOUR REQUIREMENTS OR THAT THE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT DEFECTS IN THE WEB SITE WILL BE CORRECTED. THE COMPANY MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEB SITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEB SITE. NO ADVICE OR INFORMATION OBTAINED BY YOU THROUGH THE WEB SITE FROM US, OUR PARENTS, SUBSIDIARIES, OR OTHER AFFILIATED COMPANIES OR SUPPLIERS (OR THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS OF ANY SUCH ENTITIES) SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE.
WE MAKE NO, AND DISCLAIM ANY AND ALL, PROMISES, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE CONTENT UPLOADED BY YOU, OR AT YOUR REQUEST, TO THE WEB SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, QUIET ENJOYMENT, AND/OR DATA ACCURACY.
TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAW, THE COMPANY AND ITS SUPPLIERS, DISTRIBUTORS, RESELLERS, AND CONTENT PROVIDERS MAKE NO EXPRESS OR IMPLIED WARRANTIES, GUARANTEES, OR CONDITIONS, INCLUDING FOR MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, OR NON-INFRINGEMENT. PRODUCTS OR SERVICES SOLD OR AVAILABLE ON THE WEB SITE ARE WARRANTED, IF AT ALL, ONLY UNDER ANY LICENSE AGREEMENTS OR MANUFACTURER’S WARRANTIES THAT ACCOMPANY THEM. EXCEPT AS PROVIDED UNDER AN ACCOMPANYING LICENSE AGREEMENT OR MANUFACTURER’S WARRANTY:
THE COMPANY DOESN'T GUARANTEE THE ACCURACY OR TIMELINESS OF INFORMATION AVAILABLE FROM THE WEB SITE. YOU ACKNOWLEDGE THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS ARE NOT FAULT-FREE AND OCCASIONAL DOWNTIME OCCURS. WE DO NOT WARRANT THAT ACCESS TO THE WEB SITE WILL BE UNINTERRUPTED, TIMELY, FAST, SECURE, OR ERROR-FREE, OR THAT CONTENT LOSS WON’T OCCUR.
YOU MAY HAVE CERTAIN RIGHTS UNDER YOUR LOCAL LAW. NOTHING IN THIS CONTRACT IS INTENDED TO AFFECT THOSE RIGHTS, IF THEY APPLY.
Product Alliance and its components are offered for informational purposes only; this Web Site shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the site, and shall not be responsible or liable for any error or omissions in that information.
You understand and acknowledge that the software, code, proprietary methods and systems used to provide the Web Site (“Our Technology”) are: (a) copyrighted by us and/or our licensors under United States and international copyright laws; (b) subject to other intellectual property and proprietary rights and laws; and (c) owned by us or our licensors. Our Technology may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and the prior written permission of our applicable licensors. You must abide by all copyright notices, information, or restrictions contained in or attached to any of Our Technology. Nothing in these Terms of Service grants you any right to receive delivery of a copy of Our Technology or to obtain access to Our Technology except as generally and ordinarily permitted through the Web Site according to these Terms of Service. Furthermore, nothing in these Terms of Service will be deemed to grant you, by implication, estoppel or otherwise, a license to Our Technology.
Certain of the names, logos, and other materials displayed via the Web site constitute trademarks, tradenames, service marks or logos (“Marks”) of us or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities. Any use of third party software provided in connection with the Web Site will be governed by such third parties’ licenses and not by these Terms of Service.
You agree to indemnify, defend and hold Belle Applications, Inc., its affiliates and subsidiaries, and its and their respective officers, directors, agents and employees, harmless from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees), to the extent attributable to your use of the Web Site, including any Content on the Web Site, or your violation of these Terms of Service. This provision shall survive the termination of this Agreement and remain in full force and effect.
You agree that we, in our sole discretion, may immediately terminate your access to the Web Site at any time, for any reason, including, without limitation, if you are in breach of these Terms of Service. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE WEB SITE OR DELETION OF YOUR ACCOUNT.
The communications between you and us use electronic means, whether through the Web Site or via email. For contractual purposes, you (a) consent to receive communications from us in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in a writing.
You are responsible for compliance with all applicable laws. These Terms of Service and the relationship between you and us will be governed by the laws of the State of Washington, U.S.A., without giving effect to any choice of laws principles that would require the application of the laws of a different country or state. These Terms of Service are personal to you, and you may not transfer, assign or delegate your right and/or duties under these Terms of Service to anyone else and any attempted assignment or delegation is void. You acknowledge that we have the right hereunder to seek an injunction, if necessary, to stop or prevent a breach of your obligations hereunder. The paragraph headings in these Terms of Service, shown in boldface type, are included only to help make the agreement easier to read and have no binding effect. Any delay or failure by us to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. No waiver by us shall have effect unless such waiver is set forth in writing, signed by us; nor shall any such waiver of any breach or default constitute a waiver of any subsequent breach or default. These Terms of Service constitute the complete and exclusive agreement between you and us with respect to their subject matter, and supersede all prior oral or written understandings, communications or agreements. If for any reason a court of competent jurisdiction finds any provision of these Terms of Service, or portion thereof, to be unenforceable, that provision of the Terms of Service will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of these Terms of Service will continue in full force and effect.
We reserve the right to modify or discontinue the Web Site, in whole or in part, with or without notice to you. Information may be changed or updated without notice. Belle Applications, Inc. may also make improvements and/or changes in the products and/or the programs described in this information at any time without notice. We will not be liable to you or any third party should we exercise our right to modify or discontinue the Web Site. If you object to any such changes, your sole recourse will be to cease access to the Web Site. Continued access to the Web Site following notice of any such changes will indicate your acknowledgement of such changes and satisfaction with the Web Site as so modified.
Belle Applications, Inc. may at any time revise these Terms of Service by updating this posting. By using this Web Site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current terms to which you are bound. It is your sole responsibility to check the Web Site from time to time to view any such changes to the terms in the Terms of Service. If you do not agree to any changes, if and when such changes may be made to the Terms of Service, you must immediately stop using the Web Site.