Effective Date: May 18th, 2017
Welcome to the Bellatora Inc., Inc. (“Bellatora Inc.”), corporate website (the “Site”). This Site is intended to provide you with information about our company and subsidiary companies, including our horticulture and lifestyle products, press releases, investor information, and more.
I. USE OF THE SITE
All materials on this Site, including, all of the page headers, images, text, illustrations, formats, logos, designs, icons, photographs, programs, and video or audio clips (collectively, the “Content”), are intended solely for personal, non-commercial use. As a User of the Site, you may access, view, download, print or copy the Content and other materials displayed on the Site for your personal, non-commercial use only. The User agrees that it shall not:
Modify, download, reproduce, copy, or resell the Site, the Content or any portion or derivative thereof;
Commercially use the Site, the Content or any portion derivative thereof;
Enable high volume, automated, electronic processes that apply to the Site or its systems, the Content or any portion or derivative thereof;
Use any robot, spider, data miner, crawler, scraper or other automated means to access or index the Site or its systems, the Content or any portion or derivative thereof for any purpose;
Interfere or attempt to interfere with the proper working of the Site;
Bypass any Bellatora Inc. measures used to prevent or restrict access to any portion of the Site, the Content or any portion or derivative thereof;
Frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Bellatora Inc.;
Use the Bellatora Inc. name, trademarks, services marks or logos in any meta tags or any other “hidden text” or Compile, repackage, disseminate or otherwise use data extracted from the Site.
The foregoing are expressly prohibited; the right to do any of the foregoing shall require Bellatora Inc.’s express written consent (which may include a written agreement signed by an authorized Bellatora Inc. representative). Any unauthorized use of the Site, the Content or any portion or derivative thereof shall terminate any license or permission granted by Bellatora Inc.
Bellatora Inc. or its subsidiaries, or affiliates, or third parties from whom Bellatora Inc. has permission, own the trademarks or service marks that are used on the Site. All rights are reserved. These and other graphics, logos, service marks, trademarks and trade dress of Bellatora Inc. and its licensors may not be used without prior written consent of Bellatora Inc. or its licensor, as the case may be. Without limiting the foregoing, no Bellatora Inc. trademark or trade dress may be used in connection with any product or service that is not Bellatora Inc.’s, in any manner that is likely to cause confusion among Users, or in any manner that disparages or discredits Bellatora Inc.
III. TERMINATION OF USAGE
Bellatora Inc. may suspend or terminate any User’s access to all or any part of the Site without notice for any reason in Bellatora Inc.’s sole discretion, including without limitation Bellatora Inc.’s belief that such access would violate any applicable law or would be harmful to the interests of Bellatora Inc. or another User.
You agree to defend, indemnify and hold harmless Bellatora Inc. and its subsidiaries and affiliates and their respective employees, directors, officers, agents, vendors or suppliers from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Site.
VI. DISCLAIMERS AND LIMITATION OF LIABILITY
THE SITE IS PROVIDED BY BELLATORA INC. ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, BELLATORA INC. DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
WITHOUT LIMITING THE FOREGOING, BELLATORA INC. MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OF THE SITE, OR THE INFORMATION, CONTENT, OR MATERIALS INCLUDED ON THIS SITE; (II) THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SITE; OR (IV) THAT THE SITE, ITS SERVERS, OR E-MAIL SENT FROM OR ON BEHALF OF BELLATORA INC. ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
BELLATORA INC. DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITE OR ANY RELATED SERVICES. THE OPERATION OF THE SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF BELLATORA INC. UNDER NO CIRCUMSTANCES SHALL BELLATORA INC. , ITS SUBSIDIARIES AND AFFILIATES AND THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE, INCLUDING, BUT NOT LIMITED TO, RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THE SITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO BELLATORA INC.’S RECORDS, PROGRAMS, OR SERVICES.
NEITHER BELLATORA INC. NOR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR OTHER DAMAGES, AS WELL AS DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION OR THE LOSS OF DATA OR INFORMATION ARISING FROM THE USE OF THE SITE EVEN IF AN AUTHORIZED REPRESENTATIVE OF BELLATORA INC. HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO A USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO SUCH USER, AND SUCH USER MAY HAVE ADDITIONAL RIGHTS.
VII. SEVERABILITY; WAIVER