TERMS OF SERVICE
Last Modified: 10/27/2016
1. CONTRACTUAL RELATIONSHIP
These Terms of Service (“Terms”) govern your use of the services offered by Bellhops, Inc., a Delaware corporation (“Bellhops”) via the Bellhops website (https://getbellhops.com, the Website), any Bellhops mobile application (the “Application”) or any other services offered by Bellhops (collectively, the “Services”). These Terms are entered into by you and Bellhops. PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES. In these Terms, the words “including” and “include” mean “including, but not limited to.”
The Services are offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using the Services, you represent and warrant that you are of legal age to form a binding contract with Bellhops. If you do not meet all of these requirements, you may not access or use the Services.
In certain situations, the Services may require supplemental terms, such as policies for a particular event, activity or promotion. These supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, these Terms for the purposes of the applicable Services. In the event of a conflict between any supplemental terms and these Terms, the supplemental terms shall prevail over these Terms only with respect to the applicable services.
Bellhops reserves the right, at its sole discretion, to modify the Website, the Application, or the Services, or to modify these Terms, including any fees for the Services, at any time and without prior notice to you. If Bellhops modifies these Terms, it will either post the modification on the Website or the Application or otherwise provide you with notice of the modification. Bellhops will also update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Website, the Application or the Services after Bellhops has posted a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Website, the Application, and the Services.
2. THE SERVICES
The Services are communication platforms that facilitate the connection between you, the user of the Services, and third party providers, including independent third party labor providers under agreement with Bellhops (“Third Party Providers”), to arrange and schedule labor services performed by such Third Party Providers and NOT Bellhops. YOU ACKNOWLEDGE THAT BELLHOPS DOES NOT PROVIDE ANY LABOR OR MOVING SERVICES OR FUNCTION AS A MOVING CARRIER. The Services may be used by you to request and schedule moving or labor services with Third Party Providers, but you agree that Bellhops has no responsibility or liability to you related to any moving or labor provided to you by Third Party Providers facilitated by your use of the Services other than expressly set forth in these Terms. Unless otherwise agreed by Bellhops in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use.
Bellhops does not have control over the quality, timing, legality, acts or omissions or any aspect of the labor or moving services provided by Third Party Providers. THEREFORE, BELLHOPS MAKES NO REPRESENTATION AS TO THE QUALITY, SUITABILITY, ACCURACY, TIMING EFFECTIVENESS, SAFETY, RELIABILITY OR ANY OTHER CHARACTERISTIC OF THE SERVICES PROVIDED BY THIRD PARTY PROVIDERS. Although Bellhops may screen Third Party Providers, Bellhops cannot confirm that each Third Party Provider has the qualifications they claim to have. THEREFORE, BELLHOPS MAKES NO REPRESENTATION AS TO THE QUALIFICATIONS, SUITABILITY, ACCURACY, TIMELINESS, EFFECTIVENESS, SAFETY, RELIABILITY, PROFESSIONAL ACCREDITATION, REGISTRATION, OR LICENSE OR ANY OTHER ABILITY OF THIRD PARTY PROVIDERS. Bellhops requires that an individual from the household be present during any Third Party Provider Job.
Bellhops will not participate in disputes between you and a Third Party Provider. By using the Services, you acknowledge that you may be exposed to situations involving Third Party Providers that are potentially unsafe, offensive, harmful to minors, or otherwise objectionable, and that use of Third Party Providers arranged or scheduled using the Services is at your own risk and judgment. When interacting with Third Party Providers, you should exercise caution and common sense to protect your personal safety and that of others and your property and that of others. BELLHOPS SHALL NOT HAVE ANY LIABILITY ARISING FROM OR IN ANY WAY RELATED TO YOUR TRANSACTIONS OR RELATIONSHIPS WITH THIRD PARTY PROVIDERS.
LICENSE & RESTRICTIONS
Bellhops grants you a limited, non-exclusive, non-transferable, and revocable license to use the Services solely for their intended purposes subject to your compliance with these Terms and our policies. You may not copy, download, use, modify, redesign, reconfigure, distribute, sell or lease the Services or any part thereof. Unless law prohibits such restriction or you have our written permission, you may not reverse engineer or attempt to extract the source code of the Website, the Application, or the Services or create or attempt to create modifications or derivative works from the object code or the underlying source code. You may only access the Services through the interfaces that we provide for that purpose, and you may not interfere or attempt to disrupt our Services. Any rights not expressly granted herein are reserved by Bellhops. You may not copy, use or remove any of Bellhops’s company names, logos, product or service names, trademarks, or service marks.
All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, typefaces and other content (collectively, “Proprietary Material”) that you see or read through the Services is owned by Bellhops, excluding Under Content (defined below) that Bellhops has the right to use. Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. Bellhops owns all Proprietary Material, as well as the coordination, selection, arrangement and enhancement of such Proprietary Material as a Collective Work under the United States Copyright Act, as amended. The Proprietary Material is protected by the domestic and international laws of copyright, patents, and other proprietary rights and laws. The Proprietary Material, the Services and all rights therein (including without limitation intellectual property rights and other proprietary rights) are and shall remain Bellhops’s property. Neither these Terms nor your use of the Services convey or grant to you any rights in or related to the Proprietary Material or the Services except for the limited license granted above. Nor do these Terms or your use of the Services grant you use or reference in any manner to Bellhops’s company names, logos, product, and service names, trademarks, or service marks.
3. YOUR USE OF THE SERVICES
USER REQUIREMENTS AND CONDUCT
The Services are not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive labor services from Third Party Providers unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes. You will not in your use of the Services cause nuisance, annoyance, inconvenience, or property damage whether to the Third Party Providers or any other party. In certain instances Bellhops may require you to provide proof of identity to access or use the Services, and you agree that you may be denied access or use of the Services if you refuse to provide proof of identity.
TEXT MESSAGING & PHONE CALLS
Bellhops may, in Bellhops’s sole discretion, create promotional codes that may be redeemed for a discount. You agree that these promotional codes must be used for the intended audience and purpose, and in a lawful manner. They may not be duplicated, sold, or transferred in any manner, or made available to the general public, unless expressly permitted by Bellhops. Promotional codes may be disabled by Bellhops at any time, for any reason, without liability to Bellhops. Promotional codes may only be used pursuant to the specific terms that Bellhops establishes for such promotional codes. Promotional codes are not valid for cash and may expire prior to your use. Bellhops reserves the right to withhold discounts obtained through the use of promotional codes by you or any other user in the event that Bellhops determines or believes that the use or redemption of the promotional code was in error, fraudulent, illegal or in violation of the applicable promotional code terms or these Terms.
USER PROVIDED CONTENT
Bellhops may, in Bellhops’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Bellhops through the Services, or otherwise, textual, audio and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests and submissions of entries for competitions and promotions (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to Bellhops, you grant Bellhops a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Bellhops’s business and on third- party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Bellhops the license to the User Content as set forth above, and neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor Bellhops’s use of the user Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
User Content may contain information relating to reviews of specific Third Party Providers. Such reviews are opinions of the specific user and not the opinion of Bellhops, have not been verified or approved by Bellhops, and you should undertake your own research to be satisfied that a specific Third Party Provider is the right person for the services you require. YOU AGREE THAT BELLHOPS IS NOT LIABLE FOR ANY USER CONTENT.
NETWORK ACCESS AND DEVICES
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Bellhops does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
DENIAL, TERMINATION, AND SUSPENSION OF THE SERVICES
Bellhops may deny, terminate or suspend your right to use the Services at any time for any or no reason by providing you with notice of such denial, termination or suspension, and such notice will be effective immediately upon delivery of such notice.
All sections which by their nature should survive the expiration or termination of these Terms shall continue in full force and effect subsequent to and notwithstanding the denial, expiration, termination or suspension of these Terms.
You understand that use of the Services may result in payments by you for the services you receive from a Third Party Provider (“Charges”). You understand that you will be charged $1 as a reservation fee, during the order process. This $1 will be deducted from your final cost. After you have received services obtained through your use of the Services and confirmed the time spent by the Third Party Provider, Bellhops will facilitate payment of the applicable Charges on behalf of the Third Party Provider, as such Third Party Provider’s limited payment collection agent, using the preferred payment method designated in your Account. Bellhops will send you a receipt by e-mail. Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Third Party Provider. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by Bellhops. You retain the right to request lower Charges from a Third Party Provider for services received by you from such Third Party Provider at the time you receive such services. In the event that a request for lower Charges has been agreed upon, the Third Party Provider must call into headquarters to have the situation addressed. Bellhops will respond accordingly to any request from a Third Party Provider to modify the charges for a particular service.
The Charges are due immediately and payment will be facilitated by Bellhops using the preferred method designated in your Account.
Bellhops reserves the right to establish, remove, and/or revise Charges for any or all aspects of the Services at any time in Bellhops’s sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase during times of high demand of the Services. Bellhops will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. Bellhops may from time to time provide certain users with promotional offers and discounts that may result in different Charges for the same or similar Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel your request for services from a Third Party Provider at any time prior to such Third Party Provider’s arrival, in which case your $1 reservation fee will be returned.
This payment structure is intended to fully compensate the Third Party Provider for the services provided. Bellhops does not designate any portion of your payment as a tip or gratuity to the Third Party Provider. You understand and agree that, while you are free to provide additional payment as a gratuity to any Third Party Provider who provides you with services obtained through the Service, whether through the Application or in cash, you are under no obligation to do so. Gratuities are voluntary. After you have received services obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback about your Third Party Provider. In the event you feel unwelcome pressure to provide a gratuity, you may factor that experience into the rating or additional feedback you give.
5. PROPERTY DAMAGES; CLAIMS PROCESS
BELLHOPS PROTECTION PLAN
Bellhops will provide you with the opportunity to protect your personal property, as well as your structural property, such as your house or apartment, during a Third Party Provider job (the “Bellhops Protection Plan”). Bellhops will reimburse you for damage to your items of personal property that occurs during a Third Party Provider job depending on the valuation coverage option selected by you. You will indicate which valuation coverage option you desire by either selecting the appropriately labeled box located in the checkout process on the website, or by choosing your preferred coverage option over the phone with a customer service representative during the booking process. Please note that you will not be deemed to have selected a particular valuation coverage option solely by agreeing to these Terms. The Bellhops Protection Plan is being offered to you solely in order to effectuate your Third Party Provider job. THIS PROTECTION OFFERED BY BELLHOPS IS A LEVEL OF CARRIER LIABILITY – IT IS NOT INSURANCE.
Bellhops shall include, free of charge, limited valuation coverage for all moves where Bellhops provided and operated transportation. Under the included limited valuation coverage, Bellhops shall assume liability on your personal property items of up to .60 cents per pound per item damaged (the “Limited Valuation Coverage”). Please note that under the Limited Valuation Coverage, claims are settled based on the weight of the item. For example, if a 10-pound printer, valued at $250, were damaged, Bellhops would be liable for no more than $6.00 (10 pounds multiplied by .60 cents).
In addition to the Limited Valuation Coverage provided by Bellhops, you will be provided with another separate option to purchase unlimited additional valuation coverage. Unlimited additional valuation coverage is available for purchase on all Bellhops moves, regardless of transportation. You have the option to purchase unlimited additional valuation coverage for $23 (“Unlimited Additional Protection”). Unlimited Additional Protection may be added or removed up to the day before your move date.
PLEASE BE AWARE THAT NO MATTER THE TOTAL VALUE OF YOUR JOB OR ANY INDIVIDUAL ITEM(S) CONTAINED IN SUCH JOB, OR THE NUMBER OF ITEMS CONTAINED IN YOUR JOB, BELLHOPS’S MAXIMUM REIMBURSEMENT TO YOU FOR DAMAGE IS $0 UNLESS YOU PURCHASE UNLIMITED ADDITIONAL PROTECTION. IN THE EVENT THAT YOUR JOB INCLUDED TRANSPORTATION PROVIDED AND OPERATED BY BELLHOPS, BELLHOPS’S MAXIMUM REIMBURSEMENT TO YOU FOR DAMAGE IS $0.60/LB/ITEM UNLESS YOU PURCHASE UNLIMITED ADDITIONAL PROTECTION.
Under Unlimited Additional Protection, if items or structural property are damaged or destroyed, Bellhops will, in its sole discretion, either: (i) repair the item to the extent necessary to restore the item to the same condition it was when it was received by Bellhops, (ii) replace the item with an item of like kind and quality, or (iii) pay you a cash settlement for the repairs or for replacement of the item. The cash settlement to replace such items shall be equal to the fair market value of such items, regardless of the age of the damaged item.
Your election to add Unlimited Additional Protection for a Third Party Provider job is entirely optional. You have the option of obtaining other additional protection from an alternative source or obtaining none at all.
Whether or not you purchase Unlimited Additional Protection, the declared value for any job is not insurance coverage by Bellhops but represents Bellhops’s maximum obligation to you for damage to all items collectively contained within your Third Party Provider job. If you are booking a Third Party Provider job for items with a total value exceeding $0.60/lb/item, you are encouraged to purchase Unlimited Additional Protection. If you choose not to purchase Unlimited Additional Protection, you do so at your own risk.
If you elect to take advantage of this opportunity to add Unlimited Additional Protection under the Bellhops Protection Plan, any claims against or disputes with any person or entity arising out of that election MUST be pursued in arbitration, not in any court proceeding, and MUST be pursued on an individual basis only, not in any form of class or representative action. Please see the Dispute Resolution and Arbitration section located in these Terms for the complete terms and conditions regarding individual binding arbitration.
FILING A CLAIM
If an item of personal property, structural property, or an item belonging to another individual is damaged during the extent of a Third Party Provider job, you can submit a claim with clear descriptions of the circumstances that led to the damage along with pictures to firstname.lastname@example.org within 30 days of the date of the move the damage originated and it will go through the claims process. Only the individual that booked the job may file a claim.
When submitting a claim to Bellhops’s Quality Team, all claims for damages must be included in the original claim. Separate claims will not be accepted. The claims process may include communicating with the Third Party Provider in order to settle any disputes. Bellhops reserves the right to end a damage claim as is after 15 or more days have passed since the start of the claims process with the Quality Team. Claims for items that were boxed and packed by anyone other than the Third Party Provider will not be accepted.
FILING A CLAIM IN TEXAS: If your damages originated during the course of a move where Bellhops provided and operated transportation in the state of Texas, you can submit a claim with clear descriptions of the circumstances that led to the damage along with pictures to quality @getbellhops.com within 90 days of the date of the move the damage originated and it will go through the claims process. Only the individual that booked the job may file a claim. When submitting a claim to Bellhops’s Quality Team, all claims for damages must be included in the original claim. The claims process may include communicating with the individual movers in order to settle any disputes. Bellhops will take action on any claim (settle or deny) within 90 days from the start of the claims process with the Quality Team. Claims for items that were boxed and packed by anyone other than the Third Party Provider will not be accepted.
PROOF OF VALUE
You must prove the value of the item(s) in your claim, regardless of which valuation coverage option you have selected. Bellhops will not pay on a claim without proof of the declared value. You must also provide documentation that verifies the replacement or repair cost of the item subject to the claim.
Replacement is defined as the lower of the purchase price paid for the item that is the subject of the claim or the replacement cost of the item at the time and place of damage. Repair is defined as the cost of repairing the damaged item. Bellhops reserves the right to have a qualified third-party provider of its choice execute a repair quote/evaluation for any claim made. In the event that Bellhops does not have a preferred third-party provider in your area, you must provide a third-party repair quote/evaluation from a qualified repair facility. If the third-party deems the merchandise is un-repairable, the actual or replacement value will be paid up to Bellhops’s maximum liability under the valuation coverage option you have selected. You must submit all repair quotes as part of the claims process. While Bellhops may pay the cost of repair, under certain circumstances it may be your responsibility to have the item repaired.
In the event of damage to a pair or set of items, Bellhops’s liability is limited to the value of that part of the pair or set that is damaged, and Bellhops shall not be liable for the value of the whole pair or set. In the event of damage to any part of an item (including any part of a machine) that, when complete for sale or use, consists of several parts, Bellhops shall be liable only for the value of the part damaged, not to exceed the declared value of the part damaged. In no event shall Bellhops be liable for the value of the complete item.
Under any of the valuation coverage options described above, Bellhops is permitted to limit its liability for items that have an extraordinary value, unless you specifically disclose those items to Bellhops before the move occurs. An item of extraordinary value is any item whose value exceeds $100 per pound. Also, Bellhops does not move pianos, organs, gun safes, pool tables, china cabinets, antiques, exercise equipment or anything irreplaceable, highly valuable, potentially dangerous or any item with a weight greater than 75 lbs/per individual moving the item. You acknowledge that if Bellhops moves one of the items listed in the immediately preceding sentence, whether accidentally or intentionally, Bellhops WILL NOT PAY ANY CLAIM OR OTHERWISE BE LIABLE IN ANY MANNER WITH RESPECT TO SUCH ITEMS. Additionally, Bellhops does not install or uninstall washers, dryers, dishwashers, ice machines, water coolers, refrigerators and electrical equipment. You acknowledge that if Bellhops installs or uninstalls one of the items listed in the immediately preceding sentence, whether accidentally or intentionally, Bellhops WILL NOT PAY ANY CLAIM OR OTHERWISE BE LIABLE IN ANY MANNER WITH RESPECT TO SUCH ITEMS.
6. DISCLAIMERS; LIMITATION OF LIABILITY; INDEMNITY
USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK.
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. To the maximum extent permitted by applicable law, Bellhops disclaims all representations and warranties, express, implied, or statutory, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. BELLHOPS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE, THE APPLICATION OR ANY SITES LINKED TO THE SERVICES, THAT THE SERVICES ARE FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS OR THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (i) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT (INCLUDING WITHOUT LIMITATION USER CONTENT); (ii) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES; OR (iii) ANY , MISAPPROPRIATION, INTERCEPTION, DELETION, DESTRUCTION, UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN. BELLHOPS DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY (INCLUDING WITHOUT LIMITATION THIRD PARTY PROVIDERS) THROUGH THE SERVICES OR ANY HYPERLINKED SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING AND BELLHOPS WILL NOT BE A PARTY TO OR IN ANY WAY RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD PARTIES, OTHER THAN AS PROVIDED HEREIN. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY THIRD PARTY GOOD OR SERVICES OBTAINED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
THIS DISCLAIMER DOES NOT ALTER YOUR RIGHTS AS A CONSUMER TO THE EXTENT NOT PERMITTED UNDER THE LAW IN THE JURISDICTION OF YOUR PLACE OF RESIDENCE.
YOU AGREE THAT NEITHER BELLHOPS NOR ITS AFFILIATES, PARTNERS, LICENSORS, OR SUPPLIERS IS RESPONSIBLE FOR THE FITNESS OR CONDUCT OF ANY THIRD PARTY PROVIDER OR FOR ANY SERVICES PROVIDED BY THE THIRD PARTY PROVIDER. NEITHER BELLHOPS NOR ITS AFFILIATES, PARTNERS, LICENSORS, OR SUPPLIERS WILL BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH THE ACTS OR OMISSIONS OF ANY THIRD PARTY PROVIDER.
If you have a dispute with one or more Third Party Providers, you agree to release Bellhops (including our affiliates, and each of their respective officers, directors, employees, agents, shareholders, partners, licensors, and suppliers) from claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes with Third Party Providers or to your use of the Services.
LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT COMPANY IS ONLY WILLING TO PROVIDE THE SERVICES IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND THIRD PARTIES. IN NO EVENT SHALL BELLHOPS (INCLUDING ITS AFFILIATES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, PARTNERS, LICENSORS, AND SUPPLIERS) BE LIABLE TO YOU FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST DATA, PERSONAL INJURY, PROPERTY DAMAGE, DAMAGES FOR DELETION, CORRUPTION, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE SERVICES, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF BELLHOPS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BELLHOPS SHALL NOT BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY AND/OR CONSEQUENTIAL, INCLUDING, BUT NOT LIMITED TO, PROPERTY DAMAGE, PHYSICAL DAMAGES, BODILY INJURY, DEATH AND/OR EMOTIONAL DISTRESS AND DISCOMFORT ARISING OUT OF YOUR USE OF THE SERVICES OR ANY SERVICES PROVIDED BY THIRD PARTY PROVIDERS, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BELLHOPS SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES INCURRED BY YOU ARISING OUT OF: YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF BELLHOPS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BELLHOPS SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND Bellhops’s REASONABLE CONTROL. YOU ACKNOWLEDGE THAT THIRD PARTY LABOR PROVIDERS PROVIDING LABOR SERVICES REQUESTED THROUGH BELLHOPS MAY OFFER PEER-TO-PEER LABOR SERVICES AND MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. IN NO EVENT SHALL Bellhops’s AGGREGATE LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED FIVE HUNDRED U.S. DOLLARS (US $500).
THESE LIMITATIONS DO NOT PURPORT TO LIMIT LIABILITY THAT CANNOT BE EXCLUDED UNDER THE LAW IN THE JURISDICTION OF YOUR PLACE OF RESIDENCE.
7. DISPUTE RESOLUTION AND ARBITRATION
If you have a dispute with Bellhops, you agree to contact us first and attempt to work it out amicably.
You agree that if Bellhops is unable to work out a solution amicably any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) will be settled by binding arbitration between you and Bellhops, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights.
CLASS ACTION WAIVER: TO THE EXTENT PERMISSIBLE BY LAW, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE ACTION, OR NON-PAGA REPRESENTATIVE PROCEEDING (COLLECTIVELY “CLASS ACTION WAIVER”). THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS OR ENGAGE IN ANY CLASS ARBITRATION. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND BELLHOPS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
In any lawsuit in which the complaint is filed as a class action, collective action or non-PAGA representative action and the civil court of competent jurisdiction in which the complaint was filed finds the Class Action Waiver is unenforceable (and such finding is confirmed by appellate review if review is sought), the Class Action Waiver shall be severable from this Agreement and in such instances, the class action, collective action and/or non-PAGA representative action must be litigated in a civil court of competent jurisdiction and not as a class, collective or non-PAGA representative arbitration.
PAGA WAIVER: TO THE EXTENT PERMISSIBLE BY LAW, THERE WILL BE NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT, HEARD, OR ARBITRATED ON A GROUP BASIS OR IN ANY ACTION IN WHICH A PARTY SEEKS TO REPRESENT OTHER INDIVIDUAL(S) IN A PRIVATE ATTORNEY GENERAL ACTION (“PAGA WAIVER”). PAGA CLAIMS MAY ONLY BE ARBITRATED ON AN INDIVIDUAL BASIS.
In any lawsuit in which the complaint is filed as a private attorney general action seeking to represent any individual(s) other than the named plaintiff and the civil court of competent jurisdiction in which the complaint was filed finds the PAGA Waiver is unenforceable (and such finding is confirmed by appellate review if review is sought), the PAGA Waiver shall be severable from this Agreement and in such instances, the private attorney general action must be litigated in a civil court of competent jurisdiction and not as a private attorney general arbitration.
Notwithstanding any other clause contained in these Terms, any claim that all or part of the Class Action Waiver or PAGA Waiver is invalid, unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. The Class Action Waiver and PAGA Waiver shall be severable when a dispute is filed as an individual action and severance is necessary to ensure that the individual action proceeds in arbitration.
You can decline this mandatory arbitration provision within 30 days of accepting these Terms by e-mailing us at email@example.com using the e-mail address on your account with your first and last name and stating your intent to opt-out of the arbitration provision. Note that opting out of this arbitration provision does not affect any other part of these Terms, including the provisions regarding controlling law or in which courts any disputes must be brought.
The arbitration shall be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section. You and Bellhops agree to submit to the jurisdiction of a single neutral arbitrator selected by Bellhops in accordance with the AAA Rules.
Unless you and Bellhops otherwise agree, the arbitration will be held at a mutually convenient location in accordance with the rules then in effect of the American Arbitration Association. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Bellhops submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, Bellhops will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
Notwithstanding the provisions of the modification-related provisions above, if Bellhops changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted subsequent changes to these Terms), you may reject any such change by providing Bellhops written notice of such rejection by mail, hand delivery, or e-mail to: 1110 Market Street, Suite 502, Chattanooga, TN 37402 or firstname.lastname@example.org using the e-mail address associated with your Account, within 30 days of the date such change became effective, as indicated in the “Last Update” date above. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this “Dispute Resolution” section. By rejecting changes, you are agreeing that you will arbitrate any Dispute between you and Bellhops in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
8. ACCESSING AND DOWNLOADING THE APP FROM iTUNES
The following applies to any mobile application, including without limitation the Application, accessed through or downloaded from the Apple App Store (“App Store Sourced Application”):
You acknowledge and agree that these Terms are concluded between you and Bellhops only, and not Apple, and Bellhops, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service.
You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Bellhops and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Bellhops.
You and Bellhops acknowledge that, as between Bellhops and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including but not limited to: product liability claims: any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and claims arising under consumer protection or similar legislation.
You and Bellhops acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between Bellhops and Apple, Bellhops, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
You and Bellhops acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof.
Without limiting any other provision of these Terms, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.
9. OTHER PROVISIONS
CHOICE OF LAW
These Terms are governed by and construed in accordance with the laws of the State of Tennessee, U.S.A., without giving effect to any conflict of law principles.
CLAIMS OF COPYRIGHT INFRINGEMENT
Claims of copyright infringement should be sent to Bellhops’s designated agent, please e-mail email@example.com for more information.
The Company may give notice by means of a general notice on the Services, electronic mail to your e-mail address in your Account, or by written communication sent by first class mail or pre-paid post to your address in your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by e-mail). You may give notice to Bellhops, with such notice deemed given when received by Bellhops, at any time by first class mail or pre-paid post. Please email firstname.lastname@example.org to get the address information.
You may not assign these Terms without Bellhops’s prior written approval. Bellhops may assign these Terms without your consent or: a subsidiary or affiliate; an acquirer of Bellhops’s equity, business or assets; or a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, Bellhops or any Third Party Provider as a result of these Terms or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. Our failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Bellhops in writing.
10. CONTACT INFORMATION
If you have any questions, complaints, comments, or concerns about the Services contact us at:
1110 Market Street, Suite 502
Chattanooga, TN 37402
Last Modified: 1/27/2016
This Website is offered and available to users who are 18 years of age or older (or who have graduated from high school, whichever is later) and reside in the United States or any of its territories or possessions. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company. If you do not meet all of these requirements, you must not access or use the Website.
ACCESSING THE WEBSITE AND ACCOUNT SECURITY
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
You are responsible for:
Making all arrangements necessary for you to have access to the Website.
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 also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you 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.
INTELLECTUAL PROPERTY RIGHTS
The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), 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.
Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may print one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
You must not:
Modify copies of any materials from this site.
Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
If you wish to make any use of material on the Website other than that set out in this section, please address your request to: email@example.com.
The Company name, the terms “Bellhops” and “getbellhops”, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.
Additionally, you agree not to:
Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
Use any device, software or routine that interferes with the proper working of the Website.
Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
Attack the Website via a denial-of-service attack or a distributed denial-of- service attack.
Otherwise attempt to interfere with the proper working of the Website.
The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website.
Any User Contribution you post to the site will be considered non-confidential and non- proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, 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.
You represent and warrant that:
You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.
We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.
MONITORING AND ENFORCEMENT; TERMINATION
We have the right to:
Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
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.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
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.
However, we do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, 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 nonperformance of the activities described in this section.
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
Be likely to deceive any person.
Promote any illegal activity, or advocate, promote or assist any unlawful act.
Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
If you believe that any User Contributions violate your copyright, please contact us at firstname.lastname@example.org for instructions on sending us a notice of copyright infringement.
RELIANCE ON INFORMATION POSTED
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
CHANGES TO THE WEBSITE
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
INFORMATION ABOUT YOU AND YOUR VISITS TO THE WEBSITE
TERMS OF SERVICE AND OTHER TERMS AND CONDITIONS
LINKING TO THE WEBSITE AND SOCIAL MEDIA FEATURES
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
This Website may provide certain social media features that enable you to:
Link from your own or certain third-party websites to certain content on this Website.
Send e-mails or other communications with certain content, or links to certain content, on this Website.
Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us, solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we may provide with respect to such features. Subject to the foregoing, you must not:
Establish a link from any website that is not owned by you.
Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
Link to any part of the Website other than the homepage.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
LINKS FROM THE WEBSITE
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. 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 owner of the Website is based in the state of Tennessee in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
DISCLAIMER OF WARRANTIES
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF- SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. 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.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
LIMITATION ON LIABILITY
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, ANY WEBSITES LINKED TO IT, 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.
GOVERNING LAW AND JURISDICTION
LIMITATION ON TIME TO FILE CLAIMS
WAIVER AND SEVERABILITY
YOUR COMMENTS AND CONCERNS
This website is operated by Bellhops, Inc. at Bellhops, 1110 Market Street, Suite 502, Chattanooga, TN 37402.
All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: email@example.com.
Thank you for visiting the Website.