Terms of Use
Terms of Use
Please review the following terms and conditions (“Terms of Use”) that govern your use of the domain bellesbeaux.com (the “Website”) and purchase of goods or services from our Website (collectively, the “Use”). As used herein, the terms “we,” “us” and “our” mean Belles & Beaux 78209, LLC, and the term “you” means any person who visits our Website.
We grant you a limited, non-exclusive, non-transferable personal license to access and display the Website as a whole and all materials that are part of the Website (collectively, the “Contents”) for personal, non-commercial use. This license is conditioned on your continued compliance with these Terms of Use. In addition to other legal or equitable remedies available to us under applicable law, we may immediately issue a warning, temporarily suspend, indefinitely suspend, or terminate the license granted under these Terms of Use if you fail to comply with any term or condition set forth in these Terms of Use. In the event that you violate any term or condition set forth herein, you agree to immediately terminate your access to this Website.
THESE TERMS OF USE INCLUDE A CLASS-ACTION WAIVER AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. DETAILS ARE SET FORTH BELOW.
The Contents are copyrights, trademarks, trade dress or other intellectual properties owned, controlled or licensed by us or our affiliates. Contents may only be copied for personal, non-commercial purposes; provided, however, that no right, title, or interest in or to the Contents is granted or transferred to you as a result of any copying. Except as otherwise expressly provided herein, you may not reproduce, publish, transmit, post, upload, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, any of the Contents. Unauthorized use of the Contents is expressly prohibited and may result in severe civil and criminal penalties.
WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, INFORMATIONAL CONTENT, NON-INFRINGEMENT, AND NON-INTERFERENCE. WE DO NOT WARRANT THAT YOUR USE OF THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THIS WEBSITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY OR RELIABILITY OF THE INFORMATION OF THIS WEBSITE. YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. NEITHER US NOR OUR AFFILIATED OR RELATED ENTITIES OR OUR VENDORS OR CONTENT-PROVIDERS SHALL BE LIABLE TO YOU OR ANY PERSON OR ENTITY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHERWISE), INJURY, CLAIM, OR LIABILITY OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM YOUR USE OR INABILITY TO USE THIS WEBSITE, OR ANY INFORMATION OR MATERIALS PROVIDED ON THIS WEBSITE. WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER. IF YOU DISAGREE WITH THESE TERMS OF USE OR ANY MATERIALS ON THIS WEBSITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS Website. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS US AND OUR SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, VENDORS, AND AFFILIATES FROM AND AGAINST ALL THIRD-PARTY CLAIMS, DEMANDS, LIABILITIES, COSTS OR EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM OR ARISING OUT OF OR IN ANY WAY RELATED TO (I) THE MATERIALS, CONTENT, OR INFORMATION ON THIS WEBSITE, OR ANY OTHER PRODUCTS OR INFORMATION OFFERED, SOLD, OR DISPLAYED ON THIS WEBSITE, (II) YOUR BREACH OF ANY OF THESE TERMS OF USE, OR YOUR USE OF, OR INABILITY TO USE, THE WEBSITE GENERALLY, OR (III) OTHERWISE IN CONNECTION WITH THESE TERMS OF USE. CERTAIN PROVISIONS OF THE FOREGOING MAY NOT APPLY TO CONSUMERS IN JURISDICTIONS WHERE PROHIBITED BY LAW.
Any and all disputes in any way related to, or arising out of, your use of this Website shall be submitted to confidential arbitration in San Antonio, Texas, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of Texas, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these Terms of Use shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of Use shall be joined to an arbitration involving any other party subject to these Terms of Use, whether through class arbitration proceedings or otherwise. If for any reason a claim proceeds in court rather than in arbitration, EACH PARTY VOLUNTARILY, KNOWINGLY, AND IRREVOCABLY WAIVES THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION IN ANY LITIGATION BETWEEN THE PARTIES RELATED TO THESE TERMS OF USE OR THE SUBJECT MATTER HEREOF.
This Website is controlled, operated, and administered by us from our offices within San Antonio, Texas. We make no representation that Contents are appropriate or available for use at other locations outside of the United States, as access to the Contents from territories where the Contents are illegal may be prohibited or limited. You may not use this Website or export the Contents in violation of United States laws or regulations. These Terms of Use shall be governed by, construed, and enforced in accordance with the laws of the State of Texas, considered without regard to its conflicts of law principles. Any claims or causes of action relating to these Terms of Use or their subject matter shall likewise be resolved in accordance with Texas law. Each party not otherwise subject to the jurisdiction of courts in Texas hereby submits to the jurisdiction of all applicable courts sitting in Texas and, to the fullest extent permitted by law, waives any objection it may now or hereafter have to Texas courts of proper jurisdiction resolving any such claims or causes of action.
This Website may include links to other websites maintained by third parties (“Linked Sites”). We provide Linked Sites to you solely as a convenience, and the inclusion of the Linked Sites does not imply endorsement by us of the Linked Sites. Your access to the Linked Sites is at your own risk and, by accessing them, you will leave our Website. We are not responsible for the contents of any Linked Site.
These Terms of Use, our order confirmation, the Terms of Sale, and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms of Use.
We may revise these Terms of Use at any time and you agree to be bound by the revised Terms of Use. Any such modifications will become effective upon the date they are first posted to this Website. It is your responsibility to return to these Terms of Use to review the most current terms and conditions. We do not and will not assume any obligation to notify you of changes to these Terms of Use.