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Terms of Use

Welcome to the Terms of Use for www.bellisse.com, a site owned and operated by Lightning 2, LLC, a Vermont limited liability company. IF YOU NOT DO AGREE TO THESE TERMS, YOU MAY NOT ACCESS THIS SITE.

ACCEPTANCE OF TERMS.

You agree that use of this site and services that BELLISSE provides on the site are subject to the following Terms of Use ("TOU").

DESCRIPTION OF SERVICES.

The BELLISSE site provides you with information about our products and links to a variety of resources concerning breast and chest wall lymphedema (collectively, the "Services"). The Services, including any updates, enhancements, new features, and/or the addition of any new links, are subject to the TOU. BELLISSE may discontinue, modify or suspend any aspect of this site without prior notice of any kind. BELLISSE may impose limits on use of the site or suspend or discontinue your use of the site or access to parts of the site without prior notice of any kind. Please check the TOU every time you visit to view any changes.

PERSONAL AND NON-COMMERCIAL USE LIMITATION.

  1. Consumers. We are not currently accepting orders via the site. Please contact us for information about where you can obtain the BELLISSE COMPRESSURE comfort® bra. Unless otherwise specified, the Services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or materials provided by the Services, provided however, you may download information from the site for your own educational and informational purposes. PLEASE SEE YOUR PERSONAL PHYSICIAN FOR ANY INFORMATION RELATED TO YOUR MEDICAL CONDITION INCLUDING LYMPHEDEMA. BELLISSE MAKES NO CLAIMS THAT ITS PRODUCTS OR SERVICES RELIEVE OR CURE ANY DISEASE, OR PROVIDE REDUCTION IN INFECTION, SWELLING OR OTHER CONDITIONS THAT MAY ACCOMPANY LYMPHEDEMA. IF YOU NOTICE ANY RASH, REDNESS, HARDENING OR ADDITIONAL SWELLING ON THE CHEST WALL, BREAST OR ARMS AFTER SURGERY, PLEASE CONSULT YOUR PHYSICIAN IMMEDIATELY AS THIS MAY BE A SIGN OF INFECTION REQUIRING EMERGENCY CARE.
  2. Dealers, Retailers and Resellers. We are not currently accepting orders via the site. Please contact our CSR for ordering information. If you are interested in promotional materials based on information viewed on the site, you must contact us. You may not download materials from this site for distribution without our prior written permission in each instance. In the event permission is granted, you may not modify copy in any manner. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell materials appearing on this site. In addition to other restrictions on use of our products and information, you agree that you will make no claims of therapeutic value, relief from disease or symptoms of disease, or cure of any disease in connection with BELLISSE products or services other than the specific product claims made by BELLISSE. You will make no warranty claim concerning BELLISSE products or services in addition to BELLISSE’s limited consumer warranty.

PRIVACY AND PROTECTION OF PERSONAL INFORMATION.

See the Privacy disclosures relating to the collection and use of your information.

NOTICE SPECIFIC TO INFORMATION AVAILABLE ON THIS SITE.

  1. Your content. BELLISSE does not claim ownership of content you place on the site and will have no obligation of any kind with respect to such content. Unless otherwise stated, or in BELLISSE's Privacy Policy, any content you provide in connection with this site is deemed provided to the general public without restriction of any kind. By linking to this site or posting any information on the site, you grant BELLISSE and all other users of this site an irrevocable, perpetual, worldwide, royalty-free, non-exclusive license to use, reproduce, modify, distribute, transmit, display, perform, adapt, resell and publish such content in any media now known or later developed. You represent and warrant that you have proper authorization to grant this license.
  2. Monitoring of content. BELLISSE does not routinely monitor content, but BELLISSE and its designees reserve the right to monitor, restrict access to, edit or remove any content that is available via the site. BELLISSE reserves the right at all times to disclose any information BELLISSE deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in BELLISSE's sole discretion. THESE RIGHTS WILL NOT BE CONSTRUED TO CREATE ANY LIABILITY TO BELLISSE IN CONNECTION WITH ANY CONTENT. Materials uploaded to the Services may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
  3. NO REPRESENTATIONS. THE INFORMATION, DOCUMENTS AND MATERIALS PUBLISHED (AND ANY PRODUCTS SOLD THROUGH SITES LINKED TO THIS SITE) ON THE SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR DEFECTS, AND/OR OTHERWISE BE UNSUITABLE FOR USE. FOR ANY QUESTIONS CONCERNING YOUR PARTICULAR MEDICAL CONDITION, PLEASE CONSULT YOUR PERSONAL PHYSICIAN. This site contains links and pointers to other related sites and resources. Links and pointers do not constitute an endorsement of any information, materials, documents or products available on third party sites. BELLISSE MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF INFORMATION, DOCUMENTS, MATERIALS OR PRODUCTS PUBLISHED OR MADE AVAILABLE AS PART OF THE SERVICES BY OTHERS FOR ANY PURPOSE. ALL SUCH INFORMATION, DOCUMENTS, MATERIALS AND PRODUCTS ARE PROVIDED FOR EDUCATIONAL OR INFORMATIONAL PURPOSES ONLY, "AS IS" WITHOUT WARRANTY OF ANY KIND. BELLISSE DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, DOCUMENTS, MATERIALS AND PRODUCTS INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL BELLISSE BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER BASED IN CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THE SERVICES, OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES, WHETHER OR NOT BELLISSE KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBLITY OF SUCH DAMAGE. BELLISSE DOES NOT WARRANT THAT ITS SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE FUNCTIONING WILL BE UNITERRUPTED OR FREE OF ERRORS. YOU ACKNOWLEDGE AND AGREE THAT BELLISSE WOULD NOT HAVE POSTED THIS SITE BUT FOR THIS DISCLAIMER OF LIABILITY, AND AGREE THAT THE TERMS ARE REASONABLE.

MEMBER ACCOUNT, PASSWORD, AND SECURITY.

If any of the Services requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur on your account. You agree to notify BELLISSE immediately of any unauthorized use of your account or any other breach of security. BELLISSE will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by BELLISSE or another party due to someone else using your account or password. You may not use anyone else's account at any time without the permission of the account holder.

NO UNLAWFUL OR PROHIBITED USE.

As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by this TOU. You may not use the Services in any manner that could damage, disable, overburden, or impair any BELLISSE server, or the network(s) connected to any BELLISSE server, or interfere with any other party's use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any BELLISSE server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services. You will not:

  • Use the Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
  • Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
  • Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
  • Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
  • Restrict or inhibit any other user from using and enjoying the Services.
  • Harvest or otherwise collect information about other users, including e-mail addresses.
  • Violate any applicable laws or regulations.
  • Create a false identity for the purpose of misleading others.
  • Use, download or otherwise copy, or provide (whether or not for a fee) any directory of users of the Services.

UNSOLICITED IDEA SUBMISSION POLICY.

BELLISSE DOES NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS CONCERNING ITS BUSINESS OR OPERATIONS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND US SUCH MATERIALS. THE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN BELLISSE'S PRODUCTS OR MARKETING STRATEGIES APPEAR SIMILAR TO IDEAS SUBMITTED TO BELLISSE. ALSO, REMEMBER THAT ALL SUCH SUBMISSIONS TO US ARE CONSIDERED IN THE PUBLIC DOMAIN. WE CANNOT PROTECT THE CONFIDENTIALITY OF ANY SUCH SUBMISSION.

COPYRIGHT NOTICE. Copyright © 2002-2004 Lightning 2, LLC d/b/a BELLISSE Williston, Vermont U.S.A. All rights reserved.

TRADEMARKS. BELLISSE and COMPRESSURE COMFORT are the trademarks of BELLISSE.

LEGAL MATTERS

This TOU is governed by the laws of the State of Vermont, USA, without regard to its conflicts of laws provisions, the courts of which have sole and exclusive jurisdiction to resolve any actions or claims arising out of or in connection with this site. You submit to the jurisdiction of such courts for such purpose, and agree not to contest venue as appropriate in Burlington, Vermont. The parties waive right to trial by jury.

This TOU constitutes the entire agreement of the parties with respect to use of the BELLISSE site. These terms may be modified by BELLISSE at any time, and by you only with the prior written consent of BELLISSE in each instance. Any claim with respect to your use of this site must be brought within one (1) year of the date the claim arises. If any provision of this TOU is held unenforceable, the remaining provisions will be enforced to the maximum extent possible. No waiver by BELLISSE of any rights under this TOU constitutes a waiver of any other right, or right to enforce any subsequent breach of the TOU. In the event BELLISSE is forced to enforce its rights against you, in addition to any other remedies, you agree to pay BELLISSE’s reasonable costs, including attorneys’ fees and costs of suit. You agree to indemnify and hold harmless BELLISSE from and against any damage arising out of your breach of any of your representations or obligations as provided in this Agreement.

PLEASE NOTE THAT SOME OF THESE LIMITATIONS MAY NOT BE ENFORCEABLE IN SOME JURISDICTIONS, AND IF SO, THEY ARE NOT APPLICABLE TO YOU.

 

Last Update: July 10, 2006

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