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TERMS OF USE
1. Introduction.
In this Service Agreement ("Agreement"),"Customer,"
User, "you" and "your" refer to each customer or user and bellgm.com(“Bell Global
Marketing”), "we," "us" and "our" refer to Bell Global Marketing.
This Agreement explains our obligations to you, and your obligations to us, in relation
to your use of our services.
By selecting Bell Global Marketing
Corporation service(s) you have agreed to establish an account with us
for such services. When you use your account or permit someone else to use your
account to purchase or otherwise acquire access to additional service(s), or to
modify or cancel such service(s) (even if we were not notified of such authorization),
this Agreement covers any such service or actions. Any acceptance of your application(s)
for our services and the performance of our services will occur at our offices in
Vancouver, BC, Canada
, the location of our principal place of business. All event and / or services are
Non-Refundable.
2. Services.
Bell Global
Marketing Corporation offers
alerts and other services and information that may assist you in identifying the
current status of domains. Such services and information are provided on an as-is
basis from third parties, and Bell Global Marketing Corporation does not represent or warrant to the
truth or accuracy of such information.
3. Fees & Payment.
As consideration for the services you have selected,
you agree to pay Bell Global Marketing Corporation
the applicable service(s) fees set forth on our website at the time of your selection.
You agree to keep your credit card information accurate and current with
Bell Global Marketing Corporation at all times. All fees are due immediately
upon registration and are non-refundable. Bell Global Marketing
Corporation may take all
remedies available to collect fees owed and may recover from you all costs and expenses
(including reasonable attorney fees) incurred by Bell Global
Marketing Corporation to
collect such fees.
In the event of non-payment, reversal of payment, or
a charge back by a credit card company or other payment provider, in addition to
any other remedies Bell Global Marketing Corporation may have, we may, in our sole discretion,
suspend or terminate your account.
4. Term of Service.
Unless otherwise specified, each
Bell Global Marketing Corporation
service, is for the selected term and will renew automatically thereafter for successive
equivalent terms unless
either party elects to terminate such service (which you
can do at any time by logging into your Bell Global Marketing
Corporation account and
indicating your election to terminate such service). Any renewal of your services
with us is subject to our then current terms and conditions and payment of all applicable
service fees at the time of renewal.
5. Third-Party Information.
You represent and warrant that you have provided notice
to, and obtained consent from, any third party individuals whose personal data you
supply to us as part of our services with regard to: (i) the purposes for which
such third party's personal data has been collected; (ii) the intended recipients
or categories of recipients of the third party's personal data; (iii) which parts
of the third party's data are obligatory and which parts, if any, are voluntary;
and (iv) how the third party can access and, if necessary, rectify the third party's
personal data. You further agree to provide such notice and obtain such consent
with regard to any third party personal data you supply to us in the future. We
are not responsible for any consequences resulting from your failure to provide
notice or receive consent from such individuals or for your providing outdated,
incomplete or inaccurate information.
6. Modifications to Agreement.
Except as otherwise provided in this Agreement, you
agree, during the term of this Agreement, that we may revise the terms and conditions
of this Agreement and/or change the services provided under this Agreement at any
time. Any such revision or change will be binding and effective
ten (10) calendar days after the revised Agreement or change to the service(s)
is posted on the website. You agree to periodically review our website, including
the current version of this Agreement available on our website, to be aware of any
such revisions. If you do not agree with any revision to the Agreement or change
to the services, you may terminate this Agreement at any time. Any fees paid by
you prior to termination of your Agreement with us are nonrefundable, but you will
not incur any additional fees. By continuing to use our services
ten (10) calendar days after any revision to this Agreement or change
in service(s) is posted on our website, you agree to abide by and be bound by any
such revisions or changes. We are not bound by and you may not rely on any representation
concerning this Agreement or our services made by: (i)any agent, representative
or employee of any third party that you may use to apply for our services; or (ii)
information posted on our Web site of a general informational nature. No employee,
contractor, agent or representative of Bell Global Marketing
Corporation or any partner
of Bell Global Marketing Corporation
is authorized to alter or amend the terms and conditions of this Agreement.
7. Modifications to your account.
In order
to change any of your account information with us, you must use your account name
and the password that you selected when you created your Bell Global Marketing Corporation account. Please safeguard this information from any unauthorized
use. In no event will we be liable for the unauthorized use or misuse of your account
name or password.
8. Prohibited Conduct.
You agree that you will only use our services for lawful
purposes.
9. Notices and Announcements.
You authorize us to notify you as our customer of information
that we deem is of potential interest to you. Notices and announcements may include
commercial e-mails and other notices describing changes, upgrades, new products
and services or other information pertaining to services and/or other relevant matters.
10. Limitation of Liability.
To the extent permitted at law,
Bell Global Marketing Corporation
and its partners and contractors will not be liable for any direct, indirect, incidental,
special or consequential damages resulting from your use or inability to use any
of the Bell Global Marketing Corporation
services or for the cost of procurement of substitute services. We disclaim
any and all loss or liability resulting from, but not limited to: (i )any third
party claims arising from or based on your use of our services; (ii) access delays
or access interruptions; (iii) data non-delivery or data mis-delivery; (iv) acts
of God; (v) the unauthorized use or misuse of your Account name or password; (vi)
errors, omissions, or misstatements in any and all information or service(s) provided
under this Agreement; (vii) the deletion of or failure to store data of any kind;
(viii) the development or interruption of your website; or (x) our processing of
your application for our services, our processing of any authorized modification
to your record or your agents failure to pay any fees, our fees or re-registration
fees. You agree that our entire liability, and your exclusive remedy, with respect
to any Bell Global Marketing Corporation
service(s) provided under this Agreement and/or for any breach of this Agreement
is solely limited to the amount you paid for such service(s).
11. Indemnity.
You agree to release, indemnify, and
hold Bell Global Marketing Corporation , our partners, contractors, agents,
employees, officers, directors, shareholders, affiliates and assigns harmless from
all liabilities, claims, damages, costs and expenses, including reasonable attorneys'
fees and expenses, relating to or arising from the Bell Global
Marketing Corporation services
provided hereunder. When we are threatened with suit or sued by a third party, we
may seek written assurances from you concerning your promise to indemnify us; your
failure to provide those assurances may be considered by us to be a material breach
of this Agreement. In addition, in the event we are made a party to any claim, suit
or action by you which is unsuccessful or by a third party in each case relating
to or arising from the Bell Global Marketing Corporation services provided hereunder, you will
reimburse us, at a reasonable rate, for all personnel time and expenses expended
by us in response to such claim, suit or action including without limitation, all
attorney fees and expenses incurred by us with respect to such response.
12. Breach.
You agree that your failure to abide by any provision
of this Agreement, any Bell Global Marketing Corporation operating rule or policy, or any dispute
policy may be considered by us to be a material breach of this Agreement and that
we may, in our sole discretion, elect to cancel the services without further notice
to you. We will not refund any fees paid by you prior to the termination of your
Agreement due to your breach. Any such breach by you will not be deemed to be excused
simply because we did not act earlier in response to that, or any other breach,
by you.
13. Representations and Warranties.
You represent and warrant that: (i) the information
that you or your agent on your behalf provide to us during the registration for
Bell Global Marketing Corporation
service(s) is, accurate and complete, and that any future changes to this
information will be provided to us in a timely manner; (ii) you have all requisite
power and authority to execute this Agreement and to perform your obligations hereunder;
and (iii) you are of legal age to enter into this Agreement.
14. Release.
You release Bell Global Marketing
Corporation our partners,
contractors, agents, employees, officers, directors, shareholders, affiliates and
assigns from claims, demands and damages (actual and consequential) of every kind
and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed,
arising out of or in any way connected with our services. If
you are a California resident, you waive California Civil Code §1542, which says:
"A general release does not extend to claims which the creditor does not know or
suspect to exist in his favor at the time of executing the release, which if known
by him must have materially affected his settlement with the debtor."
15. Disclaimer.
You agree that your use of our service(s) is solely
at your own risk. You agree that all of our services are provided on an "as is,"
and "as available" basis. WE EXPRESSLY DISCLAIM ALL CONDITIONS, WARRANTIES AND REPRESENTATIONS
OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED
CONDITIONS AND WARRANTIES OF MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT. WE MAKE NO WARRANTY OR REPRESENTATION THAT OUR SERVICE(S)
WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICE(S) WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE
OBTAINED FROM THE USE OF THE SERVICE(S) OR AS TO THE ACCURACY OR RELIABILITY OF
ANY INFORMATION OBTAINED THROUGH OUR SERVICE. YOU UNDERSTAND AND AGREE THAT ANY
MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICE
IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD
OF SUCH MATERIAL AND/OR DATA. WE MAKE NO WARRANTY OR REPRESENTATION REGARDING ANY
GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH ANY OF OUR SERVICES OR ANY TRANSACTIONS
ENTERED INTO THROUGH SUCH SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM US WILL CREATE ANY CONDITION OR WARRANTY NOT EXPRESSLY MADE
HEREIN. TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES,
SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Bell Global
Marketing Corporation
reserves the right to terminate any of its services at any time, with or
without notice to you. In the event of such termination, your sole remedy will be
to request a refund of any amounts paid to Bell Global Marketing
Corporation for services
that were not completed in whole or in part. In the event that a service was partially
completed, you may request a refund of the pro-rata portion of such fee for uncompleted
services.
16. Severability.
You agree that the terms of this Agreement are severable.
If any term or provision is declared invalid or unenforceable, that term or provision
will be construed consistent with applicable law as nearly as possible to reflect
the original intentions of the parties, and the remaining terms and provisions will
remain in full force and effect.
17. Entirety.
You agree that this Agreement and the privacy statement
are the complete and exclusive agreement between you and us regarding our services.
This Agreement and the privacy statement supersede all prior agreements, representations
and understandings, whether established by custom, practice, policy or precedent.
18. Non-Assignment.
Your rights under this Agreement are not assignable.
Any attempt by you to assign your rights will render this Agreement voidable at
our option. Any attempt by your creditors to obtain an interest in your rights under
this Agreement, whether by attachment, garnishment or otherwise, will render this
Agreement voidable at our option.
19. Governing Law.
You agree that this Agreement and any disputes hereunder
will be governed in all respects by and construed in accordance with the laws of
the
Province
of
British
Columbia
,
Canada
excluding its conflict of laws rules. You and we each submit to exclusive subject
matter jurisdiction, personal jurisdiction and venue of the courts of the
Province of British
Columbia
. You agree that any action, suit or application will be brought and heard in
British
Columbia
.
20. Agreement to be Bound.
By applying for the service(s) of
Bell Global Marketing Corporation
or an affiliate through our online application process, you acknowledge that you
have read and agree to be bound by all terms and conditions of this Agreement and
any pertinent rules or policies that are or may be published by
Bell Global Marketing Corporation
.
Copyright © 2009 Bell Global Marketing Corp.
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