This website or mobile application (the "Bell Termite Site") is owned and operated by Bell Termite Control, Inc. on behalf of itself and for its subsidiaries and affiliates (collectively, "Bell Termite," "We" or "Us"). By accessing, using, requesting service for, or purchasing termite or pest control servies from the Bell Termite Site, you agree to be bound by these Conditions of Use. All visitors to and users of any aspects of the Bell Termite Control Site (collectively, "Users") are bound by these Terms. Bell Termite Control reserves the right to modify the Terms at any time without prior notice to you, and therefore, Bell Termite Control recommends that you read these Terms carefully each time you use the Bell Termite Control Site. By signing in or requesting to use the Bell Termite Control Site, you accept all the provisions of these Terms.
If you are unwilling to be bound by these terms and conditions of use, you should not access, use, register for, or purchase services or ptoducts from the Bell Termite Site.
The Bell Termite Site is not targeted towards, nor intended for use by, anyone under the age of 18. By using the Bell Termite Site, you represent and warrant that you are 18 years of age or older. If you are not at least 18 years of age, do not access, use, register, purchase items or request service on the Bell Termite Site. In the event we become aware you are under 18, we will terminate your registration or request. Some items offered for sale on the Bell Termite Site may be restricted for sale to persons of a certain age (depending on the state or jurisdiction of residence) and we will require you to submit or provide valid proof of your age before purchasing or receiving age-restricted pest control merchandise, itmes or services.
You agree and understand that the Bell Termite Site, including any and all features available via the Bell Termite Site and any User Content (as defined below), may be modified by us, in our sole discretion, at any time without prior notice. Unless expressly stated otherwise, any new features, new services, enhancements or modifications to the Bell Termite Site implemented after your initial access to the Bell Termite Site shall be subject to these Terms. We do not actively monitor, and undertake no obligation to monitor or modify, any reviews, information, content, data, text, links to third party websites, Social Media User profile information, sounds, photographs, graphics, video, messages or other materials uploaded or made available via the Bell Termite Site or Social Media Sites by or on behalf of any User (all such items provided by or on behalf of Users, collectively, "User Content"). Nonetheless, we reserve the right to investigate and take appropriate action, including legal action, in our sole discretion, against anyone who violates these Terms, including without limitation, by removing any User Content posted in violation of these Terms, terminating the registration of such violators or blocking such violators' use of the Bell Termite Site and/or associated Social Media venues.
Bell Termite grants you a limited license to make personal use of the Bell Termite Site. This license grant does not include: (a) any resale or commercial use of the Bell Termite Site or content therein; (b) the collection and use of any product listings or descriptions; (c) making derivative uses of the Bell Termite Site and its contents; or (d) use of any data mining, robots, or similar data gathering and extraction methods on the Bell Termite Site. Except as noted above, Users of the Bell Termite Site are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of Bell Termite or any third party.
You may not use, frame or utilize framing techniques to enclose any Bell Termite trademark, logo, content or other proprietary information (including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page) without Bell Termite' express written consent. Further, you may not use any meta tags or any other "hidden text" utilizing a Bell Termite name, trademark, or service name or any other derivative of our domain or company name without the express written consent of Bell Termite Control Inc.
It is further understood and agreed that the Bell Termite Site cannot and does not guarantee or warrant that files made available for downloading through the Bell Termite website will be free of infection or viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties. It is your responsibility to implement sufficient safeguards and procedures to ensure that any files obtained through the Bell Termite site are free from such contamination.
Any unauthorized use of the Bell Termite Site will terminate the permission or license granted by these Terms and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and statutes. All violators will be prosecuted to the fullest extent of the law.
Permitted uses of the Bell Termite Site include soliciting opinions, ideas and other input from Users; sharing ideas and opinions with other Users, searching the Bell Termite Site for User Content (as defined herein) and business or product information, and purchasing goods or services from the Bell Termite Site for personal use, not for resale. You may also invite people you know to join and visit the Bell Termite Site.
If you believe any User Content or any other aspect of the Bell Termite Site infringes your copyright, you should send written notice of copyright infringement to our designated copyright agent at the address given below. Your notice must meet the requirements of the Digital Millennium Copyright Act (as required under 17 U.S.C. 512) by providing the following information:
» A description of the copyrighted work that you claim has been infringed;
» A description of where the material that you claim is infringing is located on the Bell Termite Site;
» Your address, telephone number and email address;
» 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;
» A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the owner of the copyright at issue or are authorized to act on the copyright owner's behalf; and
» An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright at issue.
Our designated copyright agent for notice of claims of copyright infringement on the Bell Termite Site may be reached at the following address:
Bell Termite Inc.
3873 Schaefer Ave Suite J.
Chino, CA 91710
Or by email: email@example.com
YOU EXPRESSLY AGREE THAT YOUR USE OF THE BELL TERMITE SITE, AND OF ANY USER CONTENT, INFORMATION, ADVICE, SERVICES, PRODUCTS, AND OTHER MATERIALS CONTAINED IN OR DESCRIBED ON THE BELL TERMITE SITE, IS ENTIRELY AT YOUR OWN RISK, AND THAT ALL SUCH INFORMATION AND MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE MAKE NO, AND HEREBY DISCLAIM ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE AVAILABILITY, OPERATION AND/OR USE OF THE BELL TERMITE SITE, INCLUDING BUT NOT LIMITED TO ANY USER CONTENT PROVIDED VIA THE BELL TERMITE SITE, AND ALL OTHER CONTENT, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE BELL TERMITE SITE, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION AND CONTENT ACCESSIBLE VIA THE BELL TERMITE SITE IS ACCURATE, COMPLETE OR CURRENT, AND WE ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN OR FOR ANY ADVERSE CONSEQUENCES RESULTING FROM USE OF, INABILITY TO USE, OR RELIANCE ON ANY ASPECT OF THE BELL TERMITE SITE, INCLUDING BUT NOT LIMITED TO USER CONTENT AND ALL OTHER CONTENT, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE BELL TERMITE SITE. FURTHER, WE MAKE NO REPRESENTATIONS AND WARRANTIES THAT THE BELL TERMITE SITE OR THE USER CONTENT WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM US OR THE BELL TERMITE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
IN NO EVENT SHALL BELL TERMITE OR THEIR RESPECTIVE AFFILIATES, OR THE SHAREHOLDERS, DIRECTORS, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS OR REPRESENTATIVES OF ANY OF THE FOREGOING, BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, GOODWILL OR REVENUE, BUSINESS INTERRUPTION, OR LOSS OF DATA) ARISING OUT OF THE USE OF, ACCESS TO, RELIANCE ON, UNAVAILABILITY OF, INABILITY TO USE, OR IMPROPER USE OF THE BELL TERMITE SITE, ITS SERVERS, EMAIL SENT FROM BELLTERMITE.COM, INCLUDING BUT NOT LIMITED TO ANY USER CONTENT, REVIEWS, ADVICE, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE BELL TERMITE SITE, OR THE DISCLOSURE OR MISUSE OF ANY USER'S PERSONAL INFORMATION, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE. IN ANY EVENT, BELL TERMITE RESPECTIVE TOTAL MAXIMUM LIABILITY IN RESPECT OF THE BELL TERMITE SITE OR ANY PART THEREOF, INCLUDING BUT NOT LIMITED TO THE USER CONTENT, REVIEWS, ADVICE, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE BELL TERMITE SITE, IN ANY MANNER WHATSOEVER, SHALL BE LIMITED TO ONE HUNDRED UNITED STATES DOLLARS ($100.00). THIS LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN.
BELL TERMITE USES REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION ON THIS WEBSITE. BELL TERMITE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY TYPOGRAPHICAL OR OTHER ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE. IN THE EVENT THAT A PRODUCT IS LISTED AT AN INCORRECT PRICE OR WITH OTHER INCORRECT INFORMATION, BELL TERMITE CONTROL, INC. SHALL HAVE THE RIGHT TO REFUSE OR CANCEL ANY ORDERS PLACED FOR THE PRODUCT LISTED INCORRECTLY.
We may display advertisements from third parties on the Bell Termite Site, such as banner advertisements, pop-up texts, and links to third party sites. We are not responsible for the content of such advertisements or links, or for any products, services or other materials relating to such advertisements, any linked site, or any link contained in a linked site. The display of any advertisement or link does not imply endorsement by us of the advertisement or linked site or any content therein. IN NO EVENT WILL WE BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE OR RELIANCE ON ANY ADVERTISEMENT DISPLAYED ON THE BELL TERMITE SITE, ANY PRODUCTS, SERVICES OR OTHER MATERIALS RELATING TO ANY SUCH ADVERTISEMENT, ANY LINKED THIRD-PARTY SITE, OR ANY LINK CONTAINED IN A LINKED SITE.
You agree that by entering into these Terms, you and Bell Termite are each waiving the right to trial by jury and the ability to participate in a class action.
ALL DISPUTES BETWEEN YOU AND BELL TERMITE RELATING IN ANY WAY TO THE BELL TERMITE SITE (INCLUDING WITHOUT LIMITATION ORDERS MADE FROM THE BELL TERMITE SITE, BELL TERMITE ADVERTISEMENTS AND DISCLOSURES, EMAIL AND MOBILE SMS (TEXT) MESSAGES BELL TERMITE SENDS TO YOU, OR RELATING TO THE COLLECTION OR USE OF ANY INFORMATION ABOUT YOU IN CONNECTION WITH THE BELL TERMITE SITE), THESE TERMS, OR YOUR STATUS AS A USER WILL BE SUBMITTED TO CONFIDENTIAL ARBITRATION IN THE FEDERAL JUDICIAL DISTRICT IN WHICH YOU RESIDE, EXCEPT TO THE EXTENT THAT YOU HAVE, IN ANY WAY, VIOLATED OR THREATENED TO VIOLATE ANY COMPANY INTELLECTUAL PROPERTY RIGHT.
Any User who intends to seek arbitration must first send to Bell Termite, by certified mail, a written Notice of Dispute ("Notice"). The Notice must be mailed to 3873 Schaefer Ave Suite J. Chino, CA 91710 Attn: Arbitration General. The Notice shall describe the nature and basis of the claim or disputes and the specific relief sought. If we cannot reach an agreement to resolve the claim within thirty (30) days after the Notice is received, either party may commence arbitration.
All arbitrations required by these Terms will be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award is binding and may be entered in any court of competent jurisdiction. To the fullest extent permitted by applicable law no arbitration brought under, or with respect to, the Bell Termite Site (including, without limitation, any Bell Termite advertisement or disclosure, any email or mobile SMS (text) message that Bell Termite sends to you, the collection or use of any information about you in connection with the Bell Termite Site), these Terms or your status as a User is to be joined to an arbitration involving any other party subject to these Terms whether through class arbitration proceedings or otherwise. Unless Bell Termite and you agree otherwise, the arbitrator may not consolidate more than one User's claims, and may not otherwise preside over any form of a representative, private attorney general or class proceeding.
For arbitration claims you assert against Bell Termite in accordance with this section (but not for any arbitration claim against you) Bell Termite will pay all of your administrative, hearing, and arbitrator's fees and costs for the arbitration (but not the fees, expenses, and costs of your lawyers, experts, or witnesses) in excess of any filing fee you would have been required to pay to file the claim as a lawsuit in a state or federal court (whichever is greater) in the judicial district in which you reside. Unless unlawful, Bell Termite will pay its, and you will pay your, lawyers', experts', and witness fees, expenses, and costs with respect to all claims. The arbitrator may award money or equitable relief in favor of only the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. Similarly, an arbitration award and any judgment confirming it apply only to that specific case; it cannot be used in any other case except to enforce the award itself. To reduce the time and expense of the arbitration, the arbitrator will not provide a statement of reasons for his or her award unless requested to do so by all parties.
TO THE EXTENT PERMITTED BY LAW, YOU WILL NOT AGREE TO ACT AS A REPRESENTATIVE OR A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS IN ANY LAWSUIT AGAINST BELL TERMITE IN ANY COURT, OR IN ARBITRATION, WITH RESPECT TO ANY CLAIMS RELATING IN ANY WAY TO THE BELL TERMITE SITE (INCLUDING WITHOUT LIMITATION ORDERS MADE FROM THE BELL TERMITE SITE, BELL TERMITEs' ADVERTISEMENTS AND DISCLOSURES, EMAIL AND MOBILE SMS (TEXT) MESSAGES BELL TERMITE SENDS TO YOU, OR RELATING TO THE COLLECTION OR USE OF ANY INFORMATION ABOUT YOU IN CONNECTION WITH THE BELL TERMITE SITE), THESE TERMS, OR YOUR STATUS AS A USER. THIS SECTION (CONFIDENTIAL ARBITRATION) WILL SURVIVE THE TERMINATION OF THE RELATIONSHIP BETWEEN YOU AND BELL TERMITE.
By visiting the Bell Termite Site, you agree that the laws of the State of California, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and Bell Termite.
Please contact us with any questions regarding these Terms. Please report any violations of the Terms to firstname.lastname@example.org