We hope that you are satisfied with your boutiquebellini.com purchase. However, in the event that you need to return your unworn items you can request a return online or return in store. Please select one of the options above to begin the return request process. Once we have received your request you will receive an email confirming your request that will also include a pre-paid return label. At this time, orders placed online must be returned to boutiquebellini.com according to the instructions above.
PLEASE NOTE OUR RETURN POLICY:
- You must make your return within 14 days of the delivery date or in store purchase
- We will not accept merchandise that has been worn, altered, or washed.
- Merchandise must have all tags attached.
- Footwear must include the original shoe box in its original condition.
- Final Sale items cannot be returned or exchanged.
- Shipping charges are not refundable.
- Upon receipt of returned goods, boutique bellini reserves the right to deny a refund if the merchandise does not meet return policy requirements.
- A $7.00 fee will be deducted from your total refunded amount.
- Please note that, while we want you to be happy with your purchases, an excessive number of returns in a twelve-month period may cause us to reject future orders from you.
REFUND PROCESSING TIME
Returns are processed within 7-10 business days of package receipt and can only be issued to your original method of payment. Your banking institution may require additional days to process your refund.
We do not offer exchanges at this time online. You are more then welcome to exchange in store. Please return the item you do not want and place a new order on boutiquebellini.com
We do not price adjust at this time.
We may make changes to this policy from time to time. We will post updated versions of our policy on this page of our website.
Information We Collect
Individuals may choose to provide personal information (such as name, contact details and payment information) through this website. Here are the ways you may provide the information and the types of information you may submit.
- Online Purchases: To process your purchase, we ask for information such as your name, billing and shipping address, telephone number, email address and payment card information. We use this information to process your purchase, confirm your order and deliver the items to you. If you give us permission, we also may use your contact information to communicate with you about our products, services and promotions.
- My Account: You may choose to create an account on boutiquebellini.com in order to store billing and shipping information to utilize for faster checkout. You also may provide your birthday and gender, which we may use to personalize promotional offers if you chose to receive them. You also may create and send your Most Wanted List through your boutiquebellini.com account and can also use it to see the details of past purchases. We never permanently store credit card information. As a result, you do not have the option to save credit card information in your account.
- E-mail Communications: You may sign up to receive electronic newsletters and promotional emails from boutiquebellini.com. To sign up, we may ask you for information such as your name, email address, postal address, telephone number, birthday, gender, shopping preferences and email preferences. We use this information to send you communications about our products and services, invitations to specials sales and events at shows located near you, and notices of new arrivals. We also use this information to tailor our newsletters to reflect your preferences. Pixel tags and cookies in our emails may be used to track your interactions with those messages, such as when you receive, open, or click a link in an email message from us. If you do not want to receive e-mail or other mail from us, please unsubscribe by clicking the unsubscribe link at the bottom of any boutique bellini e-mail.
- Automatic Information: We receive and store certain types of information whenever you interact with us. For example, like many Web sites, we use "cookies," and “web beacons” to obtain certain types of information when your Web browser accesses boutiquebellini.com. We collect items such as the IP address of the device you use to connect to the Internet and the pages accessed. We may also track certain information about the identity of the web site you visited immediately before coming to our site. We do not otherwise track any information about your use of other websites. By collecting this information, we learn how to best tailor our website to our visitors and understand what products and services you might prefer. We work with service providers that help us track, collect, and analyze this information.
- Surveys, Sweepstakes and Promotions: You may choose to participate in surveys, sweepstakes and other promotions. If you choose to participate in these promotions, we may ask you for information such as your name, email address, postal address and telephone number. We use the information you provide to administer our contests, sweepstakes and other promotions. We also may use the information to communicate with you about our products, services and promotions, but only if you have given us your consent to do so.
- Advertisements: We may also work with business partners that use tracking technologies to deliver advertisements on our behalf across the Internet. These companies may collect information about your visits to our web site and your interaction with our advertising and other communications.
- Email to a Friend or sharing your Most Wanted List: You may be able to share certain content from this website with your friends. To send information to your friends, we ask for your friends' and your email addresses. We use this information only to fulfill your request. We do not retain the information you provide in connection with these features, except to send the requested content. We will not include any other advertisements within the messages sent to your friends.
- Customer Service:If you communicate our customer service team by email or my phone we may ask you for information such as your name, email address, zip code and telephone number. We use this information to respond to and communicate with you about your questions and comments.
HOW WE PROTECT PERSONAL INFORMATION
Protecting your information is a priority. We will take reasonable steps to protect the security and integrity of all Personal Information provided to us, including limiting the number of people who have physical access to our database servers, as well as employing electronic security systems and password protections that guard against unauthorized access. In addition, it is our policy to never send your credit card number via e-mail. Our customer service team operates over a private, secure network. Please note, however, that e-mail is not encrypted and is not considered to be a secure means of transmitting credit card information.
We use Secure Sockets Layer ("SSL") technology to protect the transmission over the Internet of your payment card data. You can check the security of your connection by looking at the URL line of your browser. When accessing a secure site, the first characters of the site address change from "http" to "https." If you are using a web browser or firewall that does not permit communications through secure sites, you will not be able to make purchases on our site.
However, due to the inherent nature of the Internet as an open global communications vehicle, we cannot guarantee that information, during transmission through the Internet or while stored on our system or otherwise in our care, will be absolutely safe from intrusion by others, such as hackers. No transmission of data over the Internet is guaranteed to be completely secure. It may be possible for third parties not under our control to intercept or access transmissions or private communications unlawfully.
In the unlikely event that we believe that the security of your Personal Information in our possession or control may have been compromised, we may seek to notify you of that development. If a notification is appropriate, we would endeavor to do so as promptly as possible under the circumstances, and, to the extent we have your e-mail address, we may notify you by e-mail. You consent to our use of e-mail as a means of such notification.
HOW WE USE THE INFORMATION WE COLLECT
We do not sell or otherwise disclose personal information about our customers, except as described here. We may share the personal information you provide to us with our affiliates worldwide, licensees and joint venture partners for the purposes described in this Privacy Notice.
We use the information we collect for various purposes, including:
- To complete your purchase transactions, order returns and credits respond to your requests and inquiries.
- To provide the services you request.
- To keep you informed about the status of your orders.
- To notify you of new or additional products, services, and promotions that might be of interest to you In addition, we may send you and otherwise correspond with you, about products, services, companies, promotions, contests and events, sponsored by us and others, that we think might interest you.
- To notify you of product recalls or provide other information concerning products you have purchased.
- To identify your product and service preferences, to improve our merchandise selections, customer service, and overall shopping experience to communicate with you by email, postal mail, telephone, text message, or other means.
- Service Providers: We also may disclose information to outside companies that help us bring you the products and services we offer. For example, we may work with an outside company to: (a) manage a database of customer information; (b) assist us in distributing e-mails; (c) assist us with direct marketing and data collection; (d) provide us data storage and analysis; (e) provide fraud prevention; (f) provide customer service by phone; (g) administer surveys, contests or sweepstakes; and (h) other services designed to assist us in maximizing our business potential. We require that these outside companies agree to keep confidential all information we share with them and to use the information only to perform their obligations in the agreements.
- Co-Sponsored Contests, Sweepstakes and Offerings: Some of our contests, sweepstakes and other offerings that we may make available on or through our website or third party provider may be co-sponsored by another company. In those situations, the information we obtain from you in connection with such contest, sweepstake or offering may be shared with our co-sponsor, unless you instruct us not to by following the instructions in the Right to Opt Out section. In those situations, our co-sponsors will have the right to use your information for their own purposes, in accordance with their own policies. We are not responsible for how our co-sponsors may use your information.
- Aggregate Statistics: We may disclose aggregate statistics regarding user behavior as a measure of interest in, and use of, the aliceandolivia.com website or marketing vehicles (such as email) to third parties in the form of aggregate data, such as overall patterns or demographic reports that do not describe or identify any individual user. Aggregate information is non-personally identifiable/anonymous information about you, such as age, gender, types of products purchased, pages you access most frequently or search terms you enter. Aggregate information is used in a collective manner, and no single person can be identified by that compiled information.
- Legal Requirements: We also may disclose information about you (i) if we are required to do so by law or legal process (such as a court order), (ii) in response to a request by law enforcement authorities, or (iii) when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation of suspected or actual illegal activity.
- Business Transfer: We also reserve the right to transfer personal information we have about you in the event we sell or transfer all or a portion of our business or assets. In such transactions, customer information generally is one of the transferred business assets but remains subject to the promises made in any pre-existing Privacy Notice (unless the customer consents otherwise). Should such a sale or transfer occur, we will use reasonable efforts to direct the transferee to use personal information you have provided to us in a manner that is consistent with our Privacy Notice. Following such a sale or transfer, you may contact the entity to which we transferred your personal information with any inquiries concerning the processing of that information.
If you are a California resident, you may ask us to refrain from sharing your information with certain of our affiliates and other third parties for their marketing purposes.
License and Site Access
Boutique bellini grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of boutique bellni. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of boutique bellini. You may not use any meta tags or any other "hidden text" utilizing boutique belini name or trademarks without our express written consent. Any unauthorized use terminates the permission or license granted by boutique bellini. You may not use any boutique bellini logo or other proprietary graphic or trademark as part of the link without express written permission.
All content included on this site, such as text, graphics, logos, button icons, images, audio, data compilations, and software, is the property of boutique bellini or partners and protected by United States and international copyright laws. All software used on this site is the property of boutique bellini or its software suppliers and protected by United States and international copyright laws.
The trademarks, logos, service marks and trade names displayed on our website are registered and unregistered Trademarks of boutique bellini LLC and/or others and may not be used in connection with products and/or services that are not related to, associated with, or sponsored by their rights holders that are likely to cause customer confusion, or in any manner that disparages or discredits their rights holders. Your misuse of the trademarks displayed on boutiquebellini.com is strictly prohibited. We will enforce our Trademark rights to the fullest extent of the law, including the seeking of criminal prosecution.
This website may contain links to other sites for your convenience and information. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. We are not responsible for the content of any websites that are not affiliated with boutique bellini, any use of those sites, or the privacy practices of those sites. You should carefully review their privacy statements and other conditions of use.
Errors and Inaccuracies
We always try to provide complete, accurate, up-to-date information on our web site. Unfortunately, despite those efforts human or technological errors may occur. This site may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability, and some information may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions, including after an order has been submitted, and to change or update information at any time without prior notice. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. If a product offered by us is not as described, your sole remedy is to return it in unused condition.
You warrant and agree that you shall not: (a) impersonate any person or entity, whether actual or fictitious, or misrepresent your affiliation with any other person or entity; (b) upload, post, publish, transmit, reproduce, distribute or in any way exploit any information or material obtained through boutiquebellini.com for commercial purposes; or (c) attempt to gain unauthorized access to other computer systems through boutiquebellini.com. You may not: (i) engage in spidering, "screen scraping," "database scraping," harvesting of e-mail addresses or other contact or personal information, or any other automatic means of obtaining lists of users or other information from or through boutiquebellini.com, including without limitation any information residing on any server or database connected to the boutiquebellini.com; (ii) obtain or attempt to obtain unauthorized access to computer systems, materials or information through any means; (iii) use boutiquebellini.com with the intent to interrupt, damage, disable, overburden, or impair boutiquebellini.com including, without limitation, sending mass unsolicited messages or "flooding" servers with requests; or (iv) use boutiquebellini.com in violation of any applicable law. You further agree that you may not to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with boutiquebellini.com, or any content thereof, or make unauthorized use thereof.
Our web site is not meant for children, and we will not knowingly collect any personally identifiable information from children under the age of 13 without verified parental consent. We will remove from our files any personally identifiable information of anyone we discover to be under 13 years old. Our online contests or sweepstakes are restricted to entrants who are at least 18 years old.
Disclaimer of Liability
We make no representations or warranties of any kind, whether express or implied, with respect to this web site, its content, or the information available on or through it; they are provided "as is," with all faults. Except as otherwise provided under applicable laws, we will not be liable for any damages whatsoever arising out of or related to the use of this web site or any other site linked to it. This limitation of liability applies to direct, indirect, consequential, special, punitive or other damages you or others may suffer, as well as damages for lost profits, business interruption or the loss of data or information, even if we are notified in advance of the potential for any such damages.
Terms & Conditions
LAST UPDATED: January 13, 2018
We reserve the right to change these Terms from time to time without notice to you, and any such changes will be effective upon publication on the Site.
- Our Proprietary Rights.Except for your Submitted Materials (as defined in Section 5 below), we and our licensors own, solely and exclusively, all rights, title and interest (including, without limitation, copyrights) in and to the Sites, all the content (including, but not limited to, all audio, photographs, images, illustrations, renderings, drawings, Webcasts, RSS feeds, podcasts, other services, graphics, logos, games, widgets, gadgets, applets, other distributable applications, other visuals, video, copy and software), code, data and other materials thereon (collectively, the “Site Content”), the look and feel, design and organization of the Sites, and the compilation and organization of the Site Content, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein. Your use of the Site does not grant to you ownership or title of, in or to any Site Content or any other part of the Site, nor does it grant you any license to use or display the same except as expressly permitted herein.
- Limited License.Subject to these Terms, we grant to you a non-exclusive, non-transferable, limited license to access, view, use and display the Sites and Site Content on your computer or other device, provided that you comply fully with these Terms. The Sites and Site Content are for your personal, educational and non-commercial use only. No part of the Sites or Site Content (or any of our products advertised or sold on the Sites) may be copied, reproduced, republished, exploited, downloaded, uploaded, posted, transmitted, modified, derived, exploited, distributed or used in any manner whatsoever, without our prior written consent or that of the applicable rights owner, except for limited personal, non-commercial or educational purposes as permitted under law.
- Trademarks.The trademarks, logos, service marks and trade names displayed on the Sites or as part of the Site Content (including, without limitation, boutiquebellini, bb, boutique bellini, etc.) are registered and unregistered trademarks of the COMPANY and other persons (collectively, the “Trademarks”), and may not be used unless expressly authorized by the applicable Trademark owner. Nothing contained on the Sites should be construed as granting, expressly, by implication, estoppel, or otherwise any license or right to use any Trademark displayed on the Sites or as part of the Site Content, without our written permission or that of the applicable third-party rights holder.
- Submitted Materials.Unless specifically requested of us, we neither solicit nor wish to receive any confidential, secret or proprietary information or other material from you. Any information, proposals, requests, creative works, pictures, photographs, documents, letters, demos, ideas, know-how, suggestions, concepts, methods, systems, designs, drawings, renderings, plans, techniques, comments, criticisms, reports, reviews, ratings, feedback or other materials submitted or transmitted through the Site in any manner, including, but not limited to, through the “Contact Us” section (collectively, “Submitted Materials”) will be deemed not to be confidential, secret or proprietary and may be used by us in any manner consistent with these Terms.By submitting, uploading, posting or sending Submitted Materials to, on or through the Sites, you: (i) represent and warrant that either (A) your Submitted Materials are original to you and that no other party has any rights thereto, or (B) that you have the necessary licenses, rights, consents and permissions to use such Submitted Materials and submit them to the Sites for our use, in accordance with these Terms and with any purposes that may be described on the Sites, and that any “moral rights” in the Submitted Materials have been waived; and (ii) you grant to us (and our affiliates) a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sub-licensable right and license to use, copy, reproduce, modify, store, adapt, publish, translate, create derivative works from, distribute, perform, display, make, exploit, sell, export or incorporate such Submitted Materials (in whole or in part) in other works (including, without limitation, the Sites), products or services, in any form, media, or technology now known or later developed, and for any purpose. We are not responsible for maintaining, and may delete or destroy, any Submitted Material that you provide. You represent and warrant that your Submitted Materials comply with these Terms, and you agree to keep all necessary supporting documentation, and to make such records available to us upon our request.
- Rules of Conduct.While accessing or using the Sites, the Site Content and the various other features available on the Sites (such as the Forums, as defined below), you warrant and agree that you shall not:
- violate any law, rule or regulation;
- violate the security of the Sites, or obtain or attempt to gain unauthorized access to the Sites, Site Content, computer systems or networks connected to any server associated with the Sites or the Site Content;
- impersonate any person or entity, whether actual or fictitious, including anyone from the Sites or the Company, or misrepresent your affiliation with any other person or entity;
- stalk, harass or harm another individual;
- insert your own or a third party’s advertising, branding or other promotional content (including, without limitation, hyperlinks) into any of the Site Content or services on any Site, or into any of your Submitted Materials that you may submit to any Forum or any other areas of the Sites;
- use, upload, post, publish, transmit, distribute, reproduce, or in any way exploit any part of the Sites or any Site Content for any commercial or promotional purposes (other than as expressly permitted in a signed writing by the provider of such information or other materials), or contact any other user of the Sites for commercial or promotional purposes, or offer to buy or sell any product or service through your activities on the Sites or in a Forum;
- alter, edit, delete, remove, fail to display, otherwise change the meaning or appearance of, or repurpose any of the Site Content, including, without limitation, any trademarks, trade names, logos, service marks, promotional taglines, or any other proprietary content or proprietary rights notices included therein or thereon;
- engage in spidering, “screen scraping,” “database scraping,” harvesting of email addresses or other personal information, or any other automatic or unauthorized means of accessing, logging-in or registering on the Sites, or obtaining lists of users or other information through the Sites, including, without limitation, any information residing on any server or database connected to the Sites;
- use the Sites or their features in any manner that could interrupt, damage, disable, overburden or impair the Sites or such features, or interfere with any other party's use and enjoyment of the Sites, including, without limitation, sending a mass unsolicited message or unauthorized advertising or commercial communications, or “flooding” servers with requests;
- circumvent, reverse engineer, decrypt, or otherwise alter or interfere (or attempt, encourage or support anyone else’s attempt to do any of the foregoing) with the Sites or its services or any software on the Sites;
- create any links from the Sites (or include any links in your submissions to any Forum or any other part of a Site) directed to websites or content owned or maintained by third parties;
- frame or otherwise portray any third-party sites or content in any manner that would constitute or could be interpreted as an endorsement or sponsorship by us of any third-party site, content, information or other materials, or in any manner that would violate the terms and conditions of any such third-party sites;
- upload, post, transmit, distribute or otherwise publish to, on or through the Sites, any information, content or materials which are false (including statements or materials that constitute or contain false or misleading indications of origin, endorsements, or statements of fact), fraudulent, misleading, unlawful, threatening, abusive, harassing, hateful, racially, ethnically or otherwise objectionable, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, including without limitation, any material which constitutes, or encourages conduct that would constitute, a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law;
- use the Sites or the Site Content to, or in any other manner, violate, plagiarize or infringe the rights of third parties, including without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or rights of publicity or any other proprietary or legal right;
- upload, post, publish, distribute or otherwise transmit any information or material which constitutes or contains a virus, spyware, or other harmful component, or which contains any embedded links, advertising, chain letters or pyramid schemes of any kind; or
- use the Sites or their services (or any Site Content), in whole or in part, for any purpose that is prohibited by any applicable law or regulation, or to facilitate the violation of any applicable law or regulation.
- Public Forums.The Sites may include certain features allowing users to communicate with each other or the general public (such as messaging services, chat services, bulletin boards, message boards, ratings and reviews, blogs and other similar forums, areas and services) (collectively, the “Forums”). These Terms apply to your use of the Forums as part of the Sites. Given the open nature of the Internet, you should be careful and selective about the information you disclose in the Forums and on the Sites and, in particular, you should not disclose any sensitive, personally identifiable, proprietary or confidential information.
- Right to Monitor and Editorial Control. We may (but have no obligation to) monitor or review anything submitted to the Sites. We neither sponsor, endorse, control, nor bear responsibility for any such materials. However, we may disclose any information or materials (including your Submitted Materials) as necessary to satisfy any law, regulation or government request, or we may edit, refuse to post or remove any such content, in whole or in part, which violate these Terms, our policies or applicable law, or which in our sole discretion are objectionable. Using the Sites may expose you to content of others that may be offensive, indecent, or objectionable to you, and we are not liable for such content.
- Indemnification.You agree to defend, indemnify and hold us and our directors, officers, employees and agents harmless from any and all damages, claims, liabilities, costs and expenses, including, but not limited to, reasonable attorneys' fees, arising from (i) your use of the Sites or the Site Content in violation of any law, rule, regulation or these Terms, or (ii) any part of your Submitted Materials. The Company may, but is not obligated to, assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree fully to cooperate with any such defense.
- Pricing and Other Errors.We have made every effort to display as accurately as possible the colors and features of our products on the Sites. However, the particular technical specifications, displays and settings of your electronic device could affect the accuracy of the display. We are not responsible if information made available on the Sites is not accurate, complete or current.From time to time, information on the Sites might contain typographical or visual errors, inaccuracies, or omissions that may relate to product descriptions, pricing or availability. It is your responsibility to monitor changes to the Sites. Any reliance on the information on the Sites is at your own risk. We may, but have no obligation to, correct any errors, inaccuracies or omissions, and to update or modify the Site Content without prior notice.Prices and availability of products and services are subject to change without notice. We reserve the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged and we cancel your order, we will issue the credit to your credit card. Individual bank policies dictate when this amount is credited to your account.
- Linking to the Sites.You agree that: (a) if you include a link from any other website to the Site, such link shall open in a new browser window and shall link to the home page of the Site; (b) you are not permitted to link directly to any image hosted on the Sites, such as using an “in-line” or “deep linking” linking method, including to cause the image to be displayed on another website; and (c) you may not link from any other website to a Site in any manner such that it or any of its pages is “framed,” surrounded or obfuscated by any third-party content, materials or branding. We may, in our sole discretion, insist that any link to a Site be discontinued, and we may revoke your right to link to the Sites. The framing, mirroring, scraping or data-mining of the Sites or any of the Site Content in any form and by any means is strictly prohibited.
- Third-Party Websites.You may be able to link (through various methods including hyperlinks, clickable images or words, banners and widgets) from the Sites to third-party websites, applications and services, and third-party websites may link to the Sites (“Linked Sites”). You acknowledge and agree that we have no responsibility for any information, content, advertising, products, services or other materials on any Linked Sites, and that links to Linked Sites do not necessarily constitute an endorsement, approval or sponsorship thereof by us. We disclaim all responsibility for any viruses or malicious code that may appear on any Linked Sites, for the accuracy of any of the information they provide and for any goods or services provided by or purchased from such Linked Sites. If you rely on any Linked Site, you do so at your own risk and assume all resulting responsibilities and consequences.
- Promotions. The Sites may contain sweepstakes, contests or other promotions requiring you to send materials or information to us (and sometimes others). Such sweepstakes, contests or promotions may be governed by a separate set of rules, policies and terms. It is your responsibility to read such rules, policies and terms to determine whether you can participate, register and comply therewith. By participating in a sweepstakes or contest through the Sites, you signify your agreement and acceptance of these Terms and any applicable sweepstakes or contest rules which we may provide.
- DISCLAIMER OF WARRANTIES.THE SITES, INCLUDING, WITHOUT LIMITATION, ALL FORUMS, SITE CONTENT, FUNCTIONS, DOWNLOADS AND MATERIALS, ARE PROVIDED "AS IS," "AS AVAILABLE,” WITHOUT WARRANTY, REPRESENTATION OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, CORRECTNESS, PRECISION, THOROUGHNESS, COMPLETENESS OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND THE COMPANY HEREBY DISCLAIMS ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. THE COMPANY DOES NOT WARRANT THAT THE SITES, THE FORUMS, THE SITE CONTENT, OR THE FUNCTIONS THEREOF WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED IN A TIMELY MANNER OR AT ALL. THE COMPANY MAKES NO WARRANTY THAT THE SITES, IN WHOLE OR IN PART, WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY, OR THROUGH THE SITES, SHALL CREATE ANY WARRANTY NOT OTHERWISE EXPRESSLY MADE HEREIN (OR IN ANY POLICY OR DOCUMENT INCORPORATED HEREIN). THE COMPANY ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITES, OR YOUR DOWNLOADING OR UPLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM OR TO THE SITES. IF YOU ARE DISSATISFIED WITH THE SITES, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITES. THE COMPANY DOES NOT NECESSARILY ENDORSE, SUPPORT, SANCTION, ENCOURAGE OR AGREE WITH ANY SITE CONTENT OR ANY SUBMITTED MATERIALS, OR ANY OPINION, RECOMMENDATION, CONTENT, LINK, DATA OR ADVICE EXPRESSED OR IMPLIED THEREIN, AND THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH SUBMITTED MATERIALS AND ANY OTHER CONTENT, MATERIALS OR INFORMATION AVAILABLE ON OR THROUGH THE SITES CREATED OR PROVIDED BY USERS OR OTHER THIRD PARTIES. USE OF THE SITES, CREATION OF AN ACCOUNT, OR THE SUBMISSION OF ANY SUBMITTED MATERIALS DOES NOT GUARANTEE ACCEPTANCE OR USE THEREOF. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR LIABILITIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS.
- Jurisdictional Issues.The Sites are intended for users located in the United States of America and Canada. We generally control and operate the Sites from our offices in the United States. We do not represent that materials on the Sites are appropriate or available for use in other locations. Persons who access or use the Sites from other locations are responsible for compliance with any applicable local laws. Software from the Sites is further subject to United States export controls. No software from the Sites may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iran, North Korea, Sudan, Syria or any other country to which the United States has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals, or the U.S. Commerce Department's Table of Deny Orders; or (iii) in any other manner that violates U.S. law. By downloading or using any such software, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.
- Termination.We may terminate, change, suspend, restrict or discontinue any aspect of the Sites at any time if we believe you are in breach of these Terms or applicable law, or for any other reason in our discretion, without notice or liability. These Terms will terminate commensurate with the discontinuance or termination of your Site use privileges. However, the Terms will nevertheless continue to apply and be binding upon you and any persons you represent, jointly and severally, regarding your prior access to and use of the Sites and Site Content, and anything connected with, relating to or arising therefrom.
- Miscellaneous.These Terms, as may be amended from time to time, including the terms and conditions of any other policies the Terms link or refer to, constitute the entire agreement between you and the Company with respect to the access to and use of the Sites and the content. These Terms and the relationship between you and us shall be governed by the laws of the United States and the State of Ohio, without regard to its conflict of law provisions. Any cause of action arising under the Terms shall be commenced and be heard in the appropriate court in the State of Ohio, County of Warren. Subject to Section 22 below, you agree to submit to the personal and exclusive jurisdiction of the courts located within Warren County in the State of Ohio. Not withstanding the foregoing, the sale of products and/or services on or through the Sites concluded with consumers in Québec will be governed by the laws of the Province of Québec and the laws of Canada applicable therein, without regard to its conflict of law provisions. Any cause of action arising thereunder shall be commenced and be heard in the appropriate court in the Province of Québec, and you agree to submit to the personal and exclusive jurisdiction of courts located within the District of Montréal in the Province of Québec for such matter. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms 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 Terms shall remain in full force and effect. All provisions of these Terms that consist of or relate to notices, ownership of intellectual or other property, representations, warranties, limitations of liability, disclaimers, indemnification, governing law, venue or jurisdiction, or any prohibitions or restrictions respecting any access to, use of, or other activities concerning the Sites or any Site Content, shall survive the revocation, expiration or termination, in whole or in part, of these Terms. We reserve all rights not expressly granted in these Terms. The parties have expressly requested and required that these Terms and all other related documents be drawn up in the English language. Les parties conviennent et exigent expressément que ces modalités et tous les documents qui s’y rapportent soient rédigés en anglais.
Notices of Claimed Copyright Infringement. We respect the intellectual property rights of others, and require that users of the Sites do the same. We also maintain a policy that provides for the termination in appropriate circumstances of the Sites’ use privileges of users who are repeat infringers of intellectual property rights. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to our Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2) (the “DMCA”), named below:
- Your postal address, telephone number, and email address;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the alleged infringing material is located;
- 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;
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
- A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
- Contact Us .Please direct questions or comments about the Sites, these Terms, or any products you purchased through the Sites