Terms of Service:
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Bell Shore Technology, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
- Copyright Infringement and DMCA Policy. As Bell Shore Technology asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by bellshoretech.com violates your copyright, you are encouraged to notify Bell Shore Technology in accordance with Bell Shore Technology’s Digital Millennium Copyright Act (“DMCA”) Policy. Bell Shore Technology will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Bell Shore Technology will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Bell Shore Technology or others. In the case of such termination, Bell Shore Technology will have no obligation to provide a refund of any amounts previously paid to Bell Shore Technology.
- Intellectual Property. This Agreement does not transfer from Bell Shore Technology to you any Bell Shore Technology or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Bell Shore Technology. Bell Shore Technology, bellshoretech.com, the bellshoretech.com logo, and all other trademarks, service marks, graphics and logos used in connection with bellshoretech.com, or the Website are trademarks or registered trademarks of Bell Shore Technology or Bell Shore Technology’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Bell Shore Technology or third-party trademarks.
- Advertisements. Bell Shore Technology reserves the right to display advertisements on this site.
- Changes. Bell Shore Technology reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Bell Shore Technology may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
- Termination. Bell Shore Technology may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your bellshoretech.com account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by Bell Shore Technology if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Bell Shore Technology’s notice to you thereof; provided that, Bell Shore Technology can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties. The Website is provided “as is”. Bell Shore Technology and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Bell Shore Technology nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
- Limitation of Liability. In no event will Bell Shore Technology, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Bell Shore Technology under this agreement during the twelve (12) month period prior to the cause of action. Bell Shore Technology shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- Indemnification. You agree to indemnify and hold harmless Bell Shore Technology, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
- Miscellaneous. This Agreement constitutes the entire agreement between Bell Shore Technology and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Bell Shore Technology, or by the posting by Bell Shore Technology of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the State of New York, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Queens County, New York. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in New York City, NY, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Bell Shore Technology may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Bell Shore Technology (“Bell Shore Technology“) operates bellshoretech.com and may operate other websites. It is Bell Shore Technology’s policy to respect your privacy regarding any information we may collect while operating our websites.
Like most website operators, Bell Shore Technology collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. Bell Shore Technology’s purpose in collecting non-personally identifying information is to better understand how Bell Shore Technology’s visitors use its website.
Bell Shore Technology also collects potentially personally-identifying information like Internet Protocol (IP) addresses for users accessing bellshoretech.com.
Gathering of Personally-Identifying Information
Certain visitors to Bell Shore Technology’s websites choose to interact with Bell Shore Technology in ways that require Bell Shore Technology to gather personally-identifying information. The amount and type of information that Bell Shore Technology gathers depends on the nature of the interaction. Those who engage in transactions with Bell Shore Technology are asked to provide additional information, including as necessary the personal and financial information required to process those transactions. In each case, Bell Shore Technology collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor’s interaction with Bell Shore Technology. Bell Shore Technology does not disclose personally-identifying information other than as described below. And visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain website-related activities.
Bell Shore Technology may collect statistics about the behavior of visitors to its websites. Bell Shore Technology may display this information publicly or provide it to others. However, Bell Shore Technology does not disclose personally-identifying information other than as described below.
Protection of Certain Personally-Identifying Information
Bell Shore Technology discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors and affiliated organizations that (i) need to know that information in order to process it on Bell Shore Technology’s behalf or to provide services available at Bell Shore Technology’s websites, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using Bell Shore Technology’s websites, you consent to the transfer of such information to them. Bell Shore Technology will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to its employees, contractors and affiliated organizations, as described above, Bell Shore Technology discloses potentially personally-identifying and personally-identifying information only in response to a subpoena, court order or other governmental request, or when Bell Shore Technology believes in good faith that disclosure is reasonably necessary to protect the property or rights of Bell Shore Technology, third parties or the public at large. If you are a registered user of an Bell Shore Technology website and have supplied your email address, Bell Shore Technology may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what’s going on with Bell Shore Technology and our products. If you send us a request (for example via email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. Bell Shore Technology takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.
If Bell Shore Technology, or substantially all of its assets, were acquired, or in the unlikely event that Bell Shore Technology goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of Bell Shore Technology may continue to use your personal information as set forth in this policy.