The following Terms and Conditions of Use (the “Agreement”) constitutes an agreement between you and Le Belle International, Inc., 10221 West Highway 98 Suite 11, Palm Plaza, Destin, FL 32550 (“Le Belle”), operator of lebelleonline.com (the “Website”). By using the Website, you agree to be bound by and accept the terms of this Agreement.
Le Belle may alter the terms of this Agreement from time to time without prior notice to you. No alteration of this Agreement by you will be binding upon Le Belle except as expressly agreed in writing signed by an authorized agent of Le Belle.
Please read this Agreement carefully. This Agreement limits Le Belle’s liability and may substantively affect your rights.
1. Use of the Website
Permitted Use of the Website - Use of and access to the Website is limited by the terms of this Agreement. You agree:
-Not to use any robot, spider, scraper or other automated means to access the Website for any purpose without Le Belle’ express written permission.
-Not to take any action that imposes, or may impose in Le Belle’s sole discretion, an unreasonable or disproportionately large load on Le Belle’s servers or other infrastructure, or to interfere or attempt to interfere with the proper operation of the Website or any activities conducted on the Website.
-Not to copy, reproduce, modify, create derivative works from, distribute or publicly display any content from the Website, including but not limited to “framing” Website content within another site, except for your own reasonable personal use, without the prior express written permission of Le Belle.
-To use the Website only for lawful purposes, and to comply with all applicable laws and regulations in connection with your use of the Website.
Use of User Accounts - Access to certain areas of the Website, and content and services contained therein, requires the creation of a User Account having a unique user name and password. Without limiting the foregoing, you may not share your username and/or password for your User Account with any third party except those within your immediate business organization under your direct control. You are responsible for all activities of persons using your User Account to access the Website, including but not limited to such person’s compliance with the terms of this Agreement.
Termination of Use - Le Belle may at its sole discretion terminate or limit your use of the Website for any reason, including without limitation for any violation of any of the rules contained in this Agreement, or for any conduct, whether by act or omission, which in Le Belle’s sole opinion adversely impacts the operation of the Website. Le Belle may so terminate or limit your use of the Website without prior notice to you. If such termination or limitation is for reasonable cause, Le Belle will not be obligated to refund any fees paid by you.
Services Generally - Le Belle may provide services in connection with the Website. Le Belle will make its best efforts to ensure that such services are available, operate correctly and are free from malicious code
(e.g., computer viruses). You agree to release and hold harmless Le Belle for any damages arising out of your use of the Website, including but not limited to the unavailability, failure or improper operation of services provided in connection with the Website.
3. Products and Related Information
Professional Beautician Products - The products offered for sale on the Website are intended for use by licensed beauticians and/or individuals with several years experience in the beauty arts. The product related information provided on the Website is intended for use only by licensed beauticians and/or individuals with several years experience in the beauty arts.
Use of Products - Use of the products offered for sale on the Website, including but not limited to use by non-qualified individuals, may be dangerous and may result in personal injury or other damage. Le Belle International, its directors, officers, employees and agents shall not be liable for any damages or causes of action arising out of your use of Le Belle products and/or your reliance on the information provided on the Website.
4. Third Party and Other Content
Third Party Content - Le Belle may provide content authored by third parties such as articles, interactive educational content, seminars, interviews, and audio and audio-visual content (“Third Party Content”). The views expressed in Third Party Content are those of the authors of such content and not necessarily of Le Belle. Le Belle shall not be liable for the truth or accuracy of Third Party Content.
Other Site Content - Le Belle may provide additional content which is not Third Party Content. Le Belle will make its best efforts to assure the accuracy of such content. You agree to release and hold harmless Le Belle for any damages arising out of your use of or reliance on such content.
5. Offsite Links
The Website may contain links to world wide web content which is not a part of the Website. You agree and acknowledge that Le Belle is not responsible for such content.
Personal Information - Le Belle does not share your personal information with third parties except as necessary to complete transactions initiated by you for Le Belle products and/or services.
Cookies - Le Belle may use cookie technology to track shopping related information including shopping cart content data and to provide an online experience that will be most beneficial to you.
Maintenance of Information - Le Belle will make its best efforts to maintain all user information securely. You agree to release and hold harmless Le Belle for any damages arising out of any failure of such efforts.
7. Le Belle Intellectual Property
The Website contains intellectual property protected under applicable state and federal law. You agree not to violate any valid intellectual property rights in connection with your use of the Website.
“Le Belle”, “Le Belle Pro”, “Prima Diva” and domain names derived therefrom are trademarks of Le Belle Inc. Website Content and Website layout are copyright Le Belle Inc. The visual appearance of the Website is protected trade dress of Le Belle Inc.s under 15
U.S.C. § 1125 et seq.
8. Rights Of Intellectual Property Owners
Le Belle respects the intellectual property rights of others, and operates the Website in compliance with the Digital Millennium Copyright Act, 17
U.S.C. § 512 et seq..
Owners of intellectual property rights, including but not limited to rights in the nature of trademark, patent or copyright (“Rights Owners”), who believe your User Provided Content or other content you provide infringe their intellectual property rights may request that Le Belle remove your User Provided Content or other content you provide the Website. Upon receiving a valid request from such an owner, Le Belle will remove the allegedly infringing User Provided Content or other content you provide and notify you in accordance with 17
U.S.C. § 512.
Upon receiving a notification pursuant to the preceding paragraph, you may counter notify Le Belle.
LE BELLE HEREBY WAIVES ALL WARRANTIES EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR AN INTENDED USE, IN CONNECTION WITH THE WEBSITE.
10. Dispute Resolution
Any dispute arising out of use of the Website or this Agreement shall be governed by the laws of the State of Florida without regard to its conflict of laws provisions. You hereby agree to personal jurisdiction in the courts of the State of Florida and agree not to bring any action against Le Belle in any other jurisdiction. Nothing in this Agreement shall limit the rights of Le Belle to initiate an action against you in any other jurisdiction where such jurisdiction may be properly exercised.