Terms & Conditions

Effective date: 04/01/19

It is your responsibility to review this agreement periodically. We may revise this agreement at any time without notice to you. If you do not agree to these terms and conditions, please do not use this site or the services.

Please read this Terms of Use agreement (the "agreement") carefully. By accessing or using this website or any other websites of Beli, Inc. ("us” or "we” or "our", its affiliates or agents with links to this agreement (collectively, the "site") in any way, including using the services and resources available or enabled via the site (each a "service" and collectively, the "services") by us, completing the registration process, making a purchase, and/or merely browsing the site, you represent that (1) you have read, understand, and agree to be bound by the agreement, (2) you are of legal age to form a binding contract with the company, and (3) you have the authority to enter into the agreement. If you do not agree to be bound by the agreement, you may not access or use this site or the services.

If you subscribe to the services for a term (the "initial term"), then the initial term will be automatically renewed for additional periods of the same duration as the initial term at company's then-current fee for such services unless you cancel your subscription in accordance with the terms set forth herein. You may cancel your subscription at any time.

This agreement requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to you in the event of a dispute.

Your use of, and participation in, certain services may be subject to additional terms ("supplemental terms") and such supplemental terms will either be listed in this agreement or will be presented to you for your acceptance when you sign up to use the supplemental service. The supplemental terms shall be governed by the terms of this agreement. If this agreement is inconsistent with the supplemental terms, the supplemental terms shall control with respect to such service.

Please note that this agreement is subject to change by us in our sole discretion at any time. When changes are made, we will make a new copy of the agreement available at the site. We will also update the "last updated" date at the top of the agreement. If we make any material changes, and you have registered to use the services, we will also send an e-mail to you at the last e-mail address you provided to us pursuant to the agreement. Any changes to the agreement will be effective immediately for new users of the site or services and will be effective thirty (30) days after posting notice of such changes on the site for existing users, provided that any material changes shall be effective for users who have a registered account on the site upon the earlier of thirty (30) days after posting notice of such changes on the site or thirty (30) days after dispatch of an e-mail notice of such changes to registered users. We may require you to provide consent to the updated agreement in a specified manner before further use of the site or the services is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the site and/or the services. Otherwise, your continued use of the site and/or services constitutes your acceptance of such change(s). Please regularly check the site to view the then-current agreement.

 

Website

We grant you a limited license to access and use the site for your personal use, and to copy, distribute and transmit the content of this site only to the extent that such copying, distribution and transmission is automatically done through your browser software incidentally to using the site for your personal use. 

The sale or linking of our products on or to any third-party e-commerce site, marketplace or mobile application without our specific written consent is expressly prohibited.

Further, (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the site or services, (b) you shall not frame or utilize framing techniques to enclose any of our trademarks, logos, or other intellectual property (including images, text, page layout or form); (c) you shall not use any metatags or other "hidden text" using our name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the site except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to "scrape" or download data from any web pages contained in the site (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) except as expressly stated herein, no part of the site or services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (g) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the site. Any future release, update or other addition to the site shall be subject to this agreement. We, our suppliers and service providers reserve all rights not granted in this agreement. Any unauthorized use of the site or services terminates the licenses granted by us pursuant to this agreement.

 

Registration

To create an account and/or make purchases through the site, you will be asked to submit certain information, which may include your name and/or a username, email address, and password. Each time you use your password or identification, you will be deemed to be authorized to access and use the site in a manner consistent with this agreement and we have no obligation to investigate the authorization or source of any such access or use of the site.

In order to access certain features of the services, you may be required to link your account with a social networking site or other third party account, such as Facebook ("sns" and each such account, a "third-party account") by allowing us to access your third-party account, as is permitted under the applicable terms and conditions that govern your use of each third-party account. You represent that you have the right to grant us access to your third-party account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable third-party account and without requiring us to pay any fees or subjecting us to any usage limitations imposed by such third-party service providers. By granting us access to any third-party accounts, we may access, make available and store (if applicable) any photographs, information, data, text, software, graphics, video, messages, tags and/or other materials accessible through the site ("content") that you have provided to and stored in your third-party account ("sns content") so that it is available on and through the site via your account. You may also share content obtained or accessed through the services with such third-party account. You have the ability to disable the connection between your account and your third-party accounts at any time by accessing the "settings" section of the site. Please note that your relationship with the third-party service providers associated with your third-party accounts is governed solely by your agreement(s) with such third-party service providers, and we will have no liability for personally identifiable information that may be provided to them by such third-party service providers in violation of the privacy settings that you have set in such third-party accounts. We make no effort to review any sns content for any purpose, including but not limited to, for accuracy, legality or noninfringement, and we are not responsible for any sns content.

You will be solely responsible for all access to and use of this site by anyone using your password and identification whether or not such access to and use of this site is actually authorized by you, including without limitation, all communications and transmissions and all obligations (including, without limitation, financial obligations) incurred through such access or use.

You are solely responsible for protecting the security and confidentiality of your password and identification. You shall immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of this site's security.

At the time of your first order, we will request shipping and payment information. You agree that we may update your payment information with information your bank or credit card issuer may supply, or other information available to us.

 

Subscription process, renewal and cancellation

Currently, we only ship to addresses within the United States. If you purchase a subscription to Beli through our site, we will send you a shipment containing a supply of  supplements from us. Our subscription term is pursuant to the product subscription terms. Your subscription orders will automatically renew every 29 days until you cancel or modify your renewal date. You may modify your renewal dates by emailing yourteam@belibaby.com.  

Your subscription will continue on a month to month basis after the initial.  After the initial supply, you will be charged approximately every 29 days until you cancel or modify your renewal dates. You are able to modify your renewal dates by emailing yourteam@belibaby.com. When you modify your renewal date, that is the date your order will renew and you accept responsibility for that new renewal date.  If your renewal date was not modified, every (29) days thereafter, until you choose to cancel, you will be charged and shipped a new supply based on what is active in your account. However, please note that all fees for the services are non-refundable, so if you cancel your subscription, we will send you any outstanding supply of supplements but will not refund you any amounts for shipments not received as of the date of cancellation. There is no subscription fee associated with your subscription. You will only be charged for the cost of the product and the cost of shipping and handling. After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically commence on the first day following the end of such period (each a "renewal commencement date") and continue for an additional period, at our then-current price for such subscription. You agree that your account will be subject to this automatic renewal feature unless you cancel your subscription at any time prior to the renewal commencement date by logging into and going to the "manage subscriptions'. Canceling a subscription does not cancel any orders that have been previously placed so if you canceled a subscription after an order was placed, that order will still be fulfilled per the terms of this agreement.

If you do not wish your account to renew automatically, or if you want to cancel your subscription, please log in and go to the "change/cancel membership" page on your "account settings" page. By subscribing, you authorize us to charge your payment provider now, and again at the beginning of any subsequent subscription period.  If you choose to cancel your subscription at any time, your subscription will terminate, and we will not charge your payment provider for the subsequent subscription period. You agree that the we may either terminate or suspend your subscription for any reason at any time in our sole discretion.

Billing and payments

We accept the following bank or credit cards: Visa, Mastercard, American Express Discover, Diners Club and JCB.

You may be charged local tax, if applicable. If your payment method is declined, we will attempt to process your charge until the transaction is approved. If we are unable to complete the transaction, we may contact you directly to update your account information.

We use a third-party service provider for payment services (e.g., credit card transaction processing, merchant settlement, and related services). You hereby consent to provide and authorize Beli, Inc. And its third-party service provider to share any information and payment instructions you provide to the extent required to complete payment transactions in accordance with this agreement, including personal, financial, credit card payment, and transaction information. Upon initial registration of your credit card, you may see a pending charge as part of the authorization confirmation process. This is not a charge and is used to confirm account authenticity. The pending charge should automatically clear on its own. If you have any issues, please contact yourteam@belibaby.com.

We are not responsible for any fees or charges that your bank or credit card issuer may apply.

The risk of loss and title for items purchased by you passes to you upon our delivery of the items to the carrier. If you would like to receive a refund, please contact us at yourteam@belibaby.com. Refunds will be issued by us in our sole discretion.

 

Product reviews

The services allow registered users to post reviews, ratings and comments about products purchased through the site (collectively, "reviews"), and you are solely responsible for any content, opinion, statement, recommendation or advance contained therein. Reviews posted on our services are not endorsed by Beli and does not represent the views of Beli. You acknowledge that any opinions, statement, recommendation, ratings, offers, advice or other information presented or disseminated in any review are those of their respective authors who are solely responsible and liable for their content. That means that you, and not Beli, are solely responsible and liable for any reviews that you post, including the content contained therein. By posting a review, you grant Beli a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to (a) host, use, reproduce, modify, run, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such content of yours throughout the world in any media, now known or hereafter devised; (b) make the review available to the rest of the world and to let others do the same; (c) to provide, promote, and improve the services and to make your review shared on the services available to other companies, organizations or individuals for the syndication, broadcast, distribution, promotion or publication of such content of yours on other media and services, subject to our privacy policy and this agreement; and (d) use the name and/or trademark that you submit in connection with such review of yours. You acknowledge that Beli may choose to provide attribution of your review at our discretion. You further grant Beli the right to pursue at law any person or entity that violates your or Beli's rights in your review by a breach of this agreement. You acknowledge and agree that your review is non-confidential and non-proprietary. You affirm, represent and warrant that you own or have the necessary licenses, rights (including copyright and other proprietary rights), consents and permissions to publish and otherwise use (and for Beli to publish and otherwise use) your review as authorized herein.

Beli reserves the right to refuse to post or remove any material submitted or posted in any review. Notwithstanding the foregoing, you acknowledge that Beli is under no obligation to edit or modify any information available in any reviews or decide any dispute or disagreement between the posters and shall have no liability to you for any content posted in a review. Beli does not assume liability for reviews or for any claims for economic loss resulting from such ratings and reviews. Because we expect users to maintain a high level of integrity with respect to ratings and reviews posted through the services, you agree: (i) to base any rating or review you post only on your first-hand experience with the product you are reviewing; (ii) you will not submit a rating or review in exchange for payment or other benefits from any individual or entity; and (iii) your review will comply with the terms set forth herein. If Beli determines, in our sole discretion, that any rating or review could diminish the integrity of the ratings and reviews, we may exclude such review without notice. Further, Beli may remove any reviews in the event it determines, in its sole discretion, that a review:

1. Is false, unlawful, misleading, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing (or advocates harassment of another person), threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
2. Is patently offensive to the online community, such as that which promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
3. Would constitute, encourage, promote or provide instructions for conduct of an illegal activity, a criminal offense, give rise to civil liability, violate the rights of any party in any country of the world, or that would otherwise create liability or violate any local, national or international law, including, without limitation, the regulations of the U.S. Securities and exchange commission (sec) or any rules of any securities exchange, including but not limited to, the New York Stock Exchange (NYSE) and/or the Nasdaq;
4. Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy or providing or creating computer viruses;
5. May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
6. Constitutes mass mailings or "spamming", "junk mail", "chain letters" or "pyramid schemes";
7. Impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including Beli;
8. Is private information of any third party, including, without limitation, addresses, phone numbers, email addresses, social security numbers and credit card numbers;
9. Include or are intended to facilitate viruses, corrupted data or other harmful, disruptive or destructive files;
10. Is unrelated to the topic of the reviews or products in which such review is posted; or (i) is otherwise objectionable, (ii) restricts or inhibits any other person from using or enjoying the services, or (iii) may expose Beli or its users to any harm or liability of any type.

 

Disclaimers

We do not promise, covenant, represent, warrant or guarantee that you or any other user of the site will obtain any particular or tangible result or goal through the use of the site, or any product or service made available on or through the site.

Except as otherwise specifically provided, the site and the products offered on the site are provided on an "as is" and "as available" basis and without warranties of any kind, unless specifically set forth otherwise. To the fullest extent permissible under applicable law, we disclaim all warranties and guarantees, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement.

We do not represent or warrant that the functions contained on the site will be uninterrupted or error-free, that the defects will be corrected or that the site or the server that makes the site available are free of viruses or other harmful components. We do not make any warranties or representations regarding the use of the materials on the site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Applicable law may not allow limitations or exclusions on warranties so the above limitations may not apply to you.

No advice or information, whether oral or written, obtained from us or through the site or services, including in connection with the products, will create any warranty not expressly made herein.

 

**Notice regarding medical advice. **

This site does not provide medical or other licensed professional advice. Nothing stated or posted on this site or available through any services are intended to be, and must not be taken to be, the practice of medicine. The site materials, such as text, graphics, images, and information obtained from this site are for informational purposes only. The site is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of information you have obtained through this site. If you think you may have a medical emergency, call your doctor or 911 immediately.

Any statement made on Belibaby.com has not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure, or prevent any disease. We recommend consulting with your medical provider before starting any new supplement.

Any information, articles, quotes, text graphics, images, etc are for informational purposes only, even if and regardless of whether it features the advice of physicians and medical practitioners. This site is not, nor is it intended to be, a substitute for professional medical advice, diagnosis, or treatment and should never be relied upon for specific medical advice. The views expressed by third parties are the views of the expert and do not necessarily represent the views of Beli.

 

Limitation of liability

You understand and agree that in no event shall we be liable for any indirect, incidental, special, exemplary, or consequential damages arising out of or in connection with the site or services, including, without limitation, any damages resulting from loss of use, data, or profits, whether or not we have been advised of the possibility of such damages, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with the agreement, or from any communications, interactions or meetings with other users of the company properties, on any theory of liability, resulting from: (1) the use or inability to use the site or services; (2) the cost of procurement of substitute goods or services resulting from any goods, data, information or services purchased or obtained through the site; (3) unauthorized access to or alteration of your transmissions or data; (4) statements or conduct of any third party on the site; or (5) any other matter related to the site, whether based on warranty, copyright, contract, tort (including negligence), product liability or any other legal theory.

Under no circumstances will we be liable to you for more than the amount received by us as a result of your use of the site in the subscription period during which you first assert a claim. If you have not paid the company any amounts in the subscription period during which you first assert any such claim, company's sole and exclusive liability shall be limited to fifty dollars ($50).

 

Copyright

The technology underlying the site and the entire contents of the site including, but not limited to, text, graphics, images, audio clips, digital downloads, data compilation or code is copyrighted as a collective work under the united states and other copyright laws, and is the property of Beli, Inc. And protected by copyright and other intellectual property or proprietary rights. The collective work includes works that are licensed to Beli, Inc. © 2019. Beli, Inc. All rights reserved.

 

Trademarks

All trademarks, service marks and trade names of Beli, Inc. On the site, including the Beli mark, are trademarks or registered trademarks of Beli, Inc. Or their respective owners.

 

Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless Beli, and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the “Beli Parties”), from and against all actual or alleged Beli Party or third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Sites, Content or Products, (b) any User Content you create, post, share or store on or through the Sites or our pages or feeds on third party social media platforms, (c) any Feedback you provide, (d) your violation of these Terms, (e) your violation of the rights of another, and (f) any third party’s use or misuse of the Sites or Products provided to you. You agree to promptly notify Beli of any third-party Claims and cooperate with the Beli Parties in defending such Claims. You further agree that the Beli Parties shall have control of the defense or settlement of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Beli.

 

Privacy

Registration data and certain other information about you are subject to our privacy policy, which is available at https://belibaby.com/pages/privacy-policy

 

Third-party links and sites

This site may link to other websites operated by third parties. We have no control over these linked sites, each of which have separate privacy and data collection practices independent of Beli, Inc.'s. We are not responsible for and do not endorse or accept any responsibility for the availability, contents, products, services or use of any third-party site, any website accessed from a third-party site or any changes or updates to such sites. These linked sites are only for your convenience and therefore you access them at your own risk. You acknowledge that you bear all risks associated with access to and use of content provided on a third-party site and agree that we are not responsible for any loss or damage you may incur from dealing with such a third-party site. You should contact the site administrator for the applicable third-party site if you have any concerns regarding such links or the content located on any such third-party site.

 

Feedback

You agree that submission of any ideas, suggestions, documents, and/or proposals to us through its suggestion, feedback, wiki, forum or similar pages ( "feedback" ) is at your own risk and that we have no obligations (including without limitation obligations of confidentiality) with respect to such feedback. You represent and warrant that you have all rights necessary to submit the feedback. You hereby grant to us a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the site and services.

 

Disclaimers

YOU ARE SOLELY RESPONSIBLE FOR THE PROPER AND SAFE HANDLING, STORAGE, USE AND CONSUMPTION OF THE PRODUCTS YOU RECEIVE FROM US. YOU ARE ALSO SOLELY RESPONSIBLE FOR KNOWING ABOUT ANY FOOD ALLERGIES YOU MAY HAVE AND VERIFYING THE PRODUCTS AND THEIR CONTENTS BEFORE HANDLING, USING OR CONSUMING SUCH PRODUCTS. FURTHER, YOU UNDERSTAND, ACKNOWLEDGE that we CANNOT GUARANTEE THAT CROSS-CONTAMINATION WILL NOT OCCUR BETWEEN PRODUCTS. WE ATTEMPT TO DISPLAY THE PRODUCTS AND OTHER MATERIALS AND INFORMATION YOU VIEW ON THE SITES, INCLUDING PRICING AND NUTRITIONAL INFORMATION, AS ACCURATELY AS POSSIBLE. HOWEVER, WE DO NOT GUARANTEE THE ACCURACY OF SUCH MATERIALS AND INFORMATION AND ARE NOT RESPONSIBLE FOR ANY CLAIMS ARISING OR RESULTING FROM YOUR RELIANCE THEREON A REFERENCE TO A PRODUCT ON THE SITES DOES NOT IMPLY OR GUARANTEE THAT IT IS OR WILL BE AVAILABLE IN YOUR LOCATION OR AT THE TIME OF YOUR ORDER EXCEPT AS MAY BE PROVIDED IN A WARRANTY BY THE MANUFACTURER OF A PRODUCT, ALL PRODUCTS AND THE SITES AND CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.. We reserve the right to change any and all Content and to modify, suspend or stop providing access to the Sites (or any features or functionality of the Sites) and the Products at any time without notice and without obligation or liability to you. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier, vendor or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by us. Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumers, so some or all the disclaimers in this section may not apply to you.

 

Limitation of Liability; Release

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BELI OR ANY OF THE OTHER BELI PARTIES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, INCOME OR PROFITS, LOSS OF USE OR DATA, LOSS OR DIMINUTION IN VALUE OF ASSETS OR SECURITIES, OR DAMAGES FOR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS OR USE OF THE SITES OR CONTENT OR THE ORDER, RECEIPT OR USE OF ANY PRODUCT OR OTHERWISE RELATED TO THESE TERMS (INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM BELI, OR FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES OR EMAILS, ERRORS, DEFECTS, BUGS, VIRUSES, TROJAN HORSES, 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 BELI’S RECORDS, PROGRAMS OR SYSTEMS), REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), STRICT PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE).TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF BELI AND THE OTHER BELI PARTIES (JOINTLY) ARISING OUT OF OR IN ANY WAY RELATED TO (A) THE ORDER, RECEIPT OR USE OF PRODUCTS PURCHASED FROM THE BELI MARKET EXCEED THE AMOUNT PAID FOR SUCH PRODUCTS; AND (B) THE ORDER, RECEIPT OR USE OF PRODUCT, OR ACCESS OR USE OF THE SITES OR CONTENT, EXCEED THE GREATER OF $250 OR THE AMOUNT YOU PAID TO US IN THE ONE (1) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH YOUR CLAIM AROSE. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IN THE EVENT YOUR REMEDIES HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE, AND THE FOREGOING SHALL CONSTITUTE BELI AND THE OTHER BELI PARTIES’ SOLE LIABILITY AND OBLIGATION IN RESPECT HEREOF, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), STRICT PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU, ON BEHALF OF YOUR HEIRS, EXECUTORS, ADMINISTRATORS, LEGAL AND PERSONAL REPRESENTATIVES, HEREBY RELEASE, WAIVE, ACQUIT AND FOREVER DISCHARGE BELI AND THE OTHER BELI PARTIES FROM AND AGAINST, AND COVENANT NOT TO SUE ANY SUCH BELI PARTY FOR, ALL CLAIMS YOU HAVE OR MAY HAVE ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE 1542, WHICH STATES “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” ACCESS TO THE BELI OFFERINGS AND/OR ANY OTHER CONTENT, INFORMATION, PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND IN SUCH JURISDICTIONS THE LIABILITY OF BELI SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

 

Modifications to the Sites and Products

We reserve the right in our sole discretion to modify, suspend or discontinue, temporarily or permanently, the Sites (or any features or parts thereof) or the provision of the Products at any time and without liability therefor

 

Arbitration and Dispute Resolution

Most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing us (yourteam@belibaby.com). In the event that we are not able to resolve a dispute, we each agree that any and all disputes, controversies, or claims arising under, arising out of, or relating in any way to this agreement, or the contractual relationship established by this agreement (whether in contract, tort, or under any statute, regulation, ordinance, or any other source of law) shall be resolved on an individual basis through binding arbitration administered by the American Arbitration Association, in accordance with the American Arbitration Association’s rules for arbitration of consumer-related disputes (accessible at https://www.adr.org/aaa/faces/rules) (except that you may assert individual claims in small claims court, if your claims qualify). You and Beli each expressly waive any right to trial by jury and the right to participate in a class action lawsuit or class-wide arbitration. Neither you nor Beli shall be permitted or entitled to join or consolidate claims by or against others, or arbitrate or otherwise participate in any claims as a class member, class representative, or in any other representative capacity. The arbitration will be conducted by a single, neutral arbitrator and will take place in the county or parish in which you reside, or another mutually agreeable location, in the English language. All issues are for the arbitrator to decide, including (but not limited to) issues relating to the scope and enforceability of this agreement to arbitrate and the arbitrability of any dispute between you and Beli. The arbitrator may award any relief that a court of competent jurisdiction could award, including attorneys’ fees when authorized by law. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. At your request, hearings may be conducted in person or by telephone, and the arbitrator may provide for submitting and determining motions on briefs, with or without oral hearings. Beli agrees that, upon request, it will pay a consumer’s filing fee for the arbitration. For the benefit of the parties, all aspects of the arbitration proceeding, including (but not limited to) the transcripts of the hearing, the transcript of any deposition, and all documents produced or used during the arbitration proceeding, will be strictly confidential. The Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate. If a court decides that any provision of this paragraph is invalid or unenforceable, that provision will be severed and the other parts of this paragraph (and the remainder of these terms) will continue to apply, but in no case shall either you or Beli be permitted to participate in a class action lawsuit or class-wide arbitration.

 

Miscellaneous

Your use of the site shall be governed in all respects by the laws of the state of Washington, U.S.A., without regard to choice of law provisions.

This agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without our prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.

We shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of god, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages or delays of transportation or shipping facilities, fuel, energy, labor or materials.

Any waiver or failure to enforce any provision of this agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.

If any portion of this agreement is held to be invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.