Terms & Conditions
The following Terms and Conditions apply to the use of this Web site as well as all transactions conducted through the site.
While it is the goal of Bella Sweet Boutique, LLC to maintain access to the Site every hour of every day, there may be interruptions in service from time to time. Site User acknowledges that Bella Sweet Boutique, LLC shall not be responsible for unavailability of the Site or for data lost while using the Site. Site User shall be fully responsible for maintaining the confidentiality of any passwords or other confidential information used by Site User on the Site. Bella Sweet Boutique, LLC shall have the right at any time to change or discontinue any aspect or feature of the Site. Site User shall also be responsible for providing and maintaining appropriate computer hardware and other equipment and services needed by Site User for use of the Site and for all associated expenses. Bella Sweet Boutique, LLC shall not be liable for any damages to Site User’s equipment or services resulting from use of the Site.
Site user expressly agrees that use of this site is solely at site user’s risk. Neither Bella Sweet Boutique, its affiliates nor any of their respective employees, agents, merchants, third-party content providers or licensors, or any of their officers, directors, employees or agents, warrant that use of the Site or any Link Sites will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of this site, or any Link Sites, or the accuracy, reliability or content of any information, or service provided through this site or the Link Sites. This site and the Link Sites are made available on an “as is” and “as available” basis. Bella Sweet Boutique, LLC disclaims any and all representations, warranties and conditions whatsoever, whether express or implied, including, but not limited to those of merchantability and fitness for a particular purpose. In no event shall Bella Sweet Boutique, LLC be liable for any indirect, incidental, special, consequential or punitive damages arising out of or related to use of the Site or any Link Site, and under no circumstance shall Bella Sweet Boutique, LLC’s aggregate liability to any Site User exceed the total amounts spent through the Site by such Site User during the year immediately preceding the bringing of a claim.
Site User acknowledges that all postings, discussions and messages on the Site, of whatever kind, nature and description, are public and not private communications, and that anyone using the Site may read Site User’s communications. Bella Sweet Boutique, LLC disclaims any liability concerning Site User’s communications on the Site. All communication that Site User posts to the Site is non-confidential unless specifically denoted otherwise. If particular website pages provide for the submission of communications that will be treated by Bella Sweet Boutique, LLC as confidential, that fact will be clearly stated on those pages. By posting comments, discussions, messages or other information on the Site or any Link Sites, Site User grants Bella Sweet Boutique, LLC the right to use such comments, discussions, messages or other information for promotions, advertising, market research or any other lawful purpose without any limitations whatsoever. By posting communications on or through the Site or any Link Sites, Site User grants to Bella Sweet Boutique, LLC a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display said communication, either alone or as part of other works in any form, media, or technology whether now known or hereafter developed without territorial or time limitations, and to sublicense such rights through multiple tiers of sublicensees.
Site User agrees to defend, indemnify and hold harmless Bella Sweet Boutique, LLC, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of or related to any products or services purchased by Site User in connection with the Site or any Link Sites. To the extent permitted under applicable laws, Site User hereby releases Bella Sweet Boutique, LLC from any and all claims or liability related to any product.
By using this Site, Site User agrees that: (1) any claim, dispute, or controversy Site User may have against Bella Sweet Boutique, LLC arising out of, relating to, or connected in any way with this Agreement, this Site, or any Link Sites, or the purchase or sale of any product(s), shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by AAA (“Rules and Procedures”); (2) the arbitration shall be held at a location determined by AAA pursuant to the Rules and Procedures (provided that such location is reasonably convenient for Site User), or at such other location as may be mutually agreed upon by Site User and Bella Sweet Boutique, LLC; (3) the arbitrator shall apply Oregon law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (4) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only the Site User’s and/or Bella Sweet Boutique, LLC’s individual claims; and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (5) in the event that the Site User is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Bella Sweet Boutique, LLC, at its discretion, will pay as much of the Site User’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (6) with the exception of subpart (4) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (4) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither Site User nor Bella Sweet Boutique shall be entitled to arbitrate their dispute. For more information on AAA and its Rules and Procedures, Site Users may visit the AAA Site at http://www.adr.org.
All notices from Bella Sweet Boutique to You may be posted on our Web site and will be deemed delivered within thirty (30) days after posting. Notices from You to Bella Sweet Boutique shall be made either by e-mail, sent to the address we provide on our Web site, or first class mail to our address.
Delivery shall be deemed to have been made by you to Bella Sweet Boutique five (5) days after the date sent.