Bellevue.com Web Site Terms and Conditions of Use
1. Acceptance of Terms and Conditions
1.2 We reserve the right, at our sole discretion, to change, modify or otherwise alter the Terms and Conditions from time to time, at any time without notice to you, by posting such changes on the Web Site. Such modifications shall become effective immediately upon posting on the Web Site. You agree to check the Terms and Conditions regularly and accept all modified terms. In the case of any violation of these terms, we reserve the right to seek all remedies available by law and in equity for such violations, including, but not limited to, restricting your further access or use of the Web Site and services. We may change, suspend or discontinue any aspect of the Web Site at any time, including the availability of any Web Site feature, service, database, or content. We may also impose limits on certain features and services or restrict your access to parts or all of the Web Site without notice of liability.
2. Bellevue.com Content, Proprietary Rights and Copyrights
2.1 Proprietary Rights. The contents of Bellevue.com are intended for your personal, noncommercial use. All materials published on Bellevue.com (including, without limitation, news articles, text, photographs, images, moving images, graphics, illustrations, audio, visual and audiovisual content) other than Submitted Materials (as defined in Section 5 below), code, data and materials thereon, the look and feel, design and organization of the Web Site, and the compilation of the content, code, data and materials on the Web Site (collectively "Content"), including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein are protected by copyright, and owned or controlled by Bellevue.com, or the party credited as the provider of the Content. Your use of the Web Site does not grant to you ownership of any content, code, data or materials you may access on or through the Web Site. You shall abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Web Site.
2.2 Limited License. The Web Site, Service and its Contents are protected by copyright pursuant to U.S. and international copyright laws. You may access and view the content on the Web Site on your computer or other device, and make single copies or prints of the content on the Web Site at your own risk and for your personal, non-commercial and internal use only, provided that you keep intact all copyright and other proprietary notices contained therein and use the same in accordance with all restrictions applicable to your use of the Web Site in general. You may not use the Web Site for commercial purposes or in any way that is unlawful, or harms us or any other person or entity, as determined in our sole discretion.
2.3 Prohibited Use. Any commercial or promotional distribution, publishing or exploitation of the Web Site, or any content, code, data or materials on the Web Site, is strictly prohibited unless you have received the express prior written permission from authorized personnel of Bellevue.com or the otherwise applicable rights holder. Other than as expressly allowed herein, you may not download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials on or available through the Web Site in whole or in part. You further agree that you may not alter, edit, delete, remove, otherwise change the meaning or appearance of, or repurpose, any of the content, code, data, or other materials on or made available through the Web Site. This includes, without limitation, the alteration or removal of any Trademarks (as defined in Section 3 below) or any other proprietary content or proprietary rights notices. If you make other use of the Web Site, or the content, code, data or materials thereon, except as otherwise provided above, you may be subject to liability for such unauthorized use (including, without limitation, for violations of copyright and other applicable laws).
2.4 The Web Site is not intended for use by children, especially those under age 13. No one under age 13 is allowed to provide any personal information or use our public discussion areas, forums and chats. To subscribe to newsletters and to participate in other activities where personal information is divulged, you must be 13 or older and by your use thereof, you represent and warrant that you are over the age of 13. Minors between the ages of 13 and 17 should get the permission of their parent(s) or legal guardian(s) before using the Web Site.
3. Trademarks. The trademarks, logos, service marks and trade names (collectively the "Trademarks") displayed on the Web Site or on content available through the Web Site are registered and unregistered Trademarks of ours and others and may only be used in accordance with Section 2.2 above, provided that such use may not be likely to cause customer confusion or, in any manner, disparage or discredit their rights holders. All Trademarks not owned by us that appear on the Web Site or on or through the Web Site's services, if any, are the property of their respective owners. Nothing contained on the Web Site grants, by implication, estoppel, or otherwise, or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Web Site without our written permission or that of the third party rights holder.
5. Submitted Materials
5.2 By submitting or sending Submitted Materials to us, you: (i) represent and warrant that the Submitted Materials are not confidential or secret, and no confidential or fiduciary relationship is intended or created between you and us in any way, (ii) represent and warrant that the Submitted Materials are original to you, that no other party has any rights thereto, and that any "moral rights" in Submitted Materials have been waived, and (iii) you grant us and our affiliates, and our respective licensors, licensees, distributors, vendors, partners, agents, representatives, and other authorized users (collectively, "Representatives") a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use, copy, reproduce, modify, adapt, print, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed, including for promotional and/or commercial purpose, and to authorize others to do so. We cannot be responsible for maintaining any Submitted Materials that you provide to us, nor are we responsible for any information included in any Submitted Materials (for example, without limitation, a blog post or any comments to blog(s) created or posted by users), and we may delete or destroy any such Submitted Materials at any time. To the extent that we solicit Submitted Materials through features or activities on the Web Site (including, without limitation, games, sweepstakes, contests, promotions and public forums) that require the use of our and/or our licensor's copyrighted works (in whole or in part), we hereby grant you a non-exclusive license to create a derivative work using our copyrighted works (in whole or in part); provided however, that such license shall be conditioned upon your assignment of all rights in the work you create to us or our licensor, as applicable. If such rights are not assigned to us and/or our licensor, as applicable, your license to create material using our copyrighted works (in whole or in part) shall be null and void. You agree to the foregoing grant of rights, consents, agreements and assignments whether or not your Submitted Materials are used by us.
5.3 If you submit a photograph or video, you also agree to, represent and warrant the following: (i) you have the rights necessary to authorize us and our affiliates (and our Representatives) to use such photograph or video as permitted by these Terms and Conditions; (ii) you authorize us and our affiliates (and our Representatives) to use such photograph or video as permitted by these Terms and Conditions; (iii) you have obtained the necessary permissions, if any, for us and our affiliates (and our Representatives) to use such photograph or video in accordance with the Terms and Conditions; and (iv) such photograph or video has not been manipulated or altered in any manner so as to distort or misrepresent any individual or thing depicted in it.
5.4 You represent and warrant that: (i) you own all Submitted Materials submitted by you on or through the Web Site or otherwise have the right to grant the licenses to Bellevue.com set forth in this section, and (ii) the submission of your Submitted Materials on or through the Web Site does not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any Submitted Materials posted by you to or through the Web Site.
5.5 Bellevue.com, from time to time, makes messaging services, chat services, bulletin boards, message boards, photo galleries, blogs, user review and ratings forums, other forums and other such services and features available on or through the Web Site to which you may have the opportunity to provide or submit Submitted Materials. In addition to any other rules or regulations that we may post in connection with a particular service or feature, and in addition to the rest of the Terms and Conditions, you represent, warrant and agree that you shall not upload, post, transmit, distribute or otherwise publish through the Web Site or any service or feature made available on or through the Web Site, any materials which are, do, or could reasonably be construed to be or do any of the following:
- restrict or inhibit any other user from using and enjoying the Web Site or the Web Site's services;
- are fraudulent, unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, or that threatens or invites violence, or that is derogatory of others on the basis of gender, race, ethnicity, national origin, religion, sexual preference or disability;
- constitute or encourage conduct that would constitute a criminal offense, give rise to potential civil liability or otherwise violate any local, state, national or international law;
- violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary right;
- contain a virus, spyware, or other harmful component;
- contain embedded links, advertising, chain letters or pyramid schemes of any kind;
- constitute or contain false or misleading indications of origin, endorsement or statements of fact; or
- contain sensitive, proprietary or confidential information about yourself or others.
Except as may be expressly permitted in connection with one of the Web Site's services, you also may not offer to buy or sell any product or service on or through your Submitted Materials. We will not accept responsibility for any information included in any Submitted Materials created or posted by users. You alone are responsible for the content and consequences of any and all of your activities and you submit Submitted Materials at your own risk.
5.6 Garage sale postings. Garage sale and yard sale are of same, interchangeable items. Bellevue.com makes no representation or warranty as to the accuracy, completeness or authenticity of the garage sale postings. Bellevue.com will not be responsible or liable for the exercise or non- exercise of its rights under this Agreement. You must provide accurate sales information of your garage sale to continue the use of the Service. You must specify the exact physical address of where the garage sale will be held. You are responsible for the location of the sale. Without the garage sale location the Service cannot be completed because the garage sale location is critical to let other users know where the sale is being held. The garage sale location will be used to place the appropriate marker on the map. If you do not wish to disclose the location of your garage sale it is impossible to post a garage sale. You must also provide a valid email so that a listing key can be emailed to you at that address. This listing key is to allow you to return to the Service and edit/remove your garage sale posting. This listing key is contained in a one-time email and cannot be retrieved once you lose it. You are responsible for maintaining the confidentiality of your listing key, and are responsible for all activities that occur thereunder. You can choose to not to display your email address on the posting by making the appropriate selection in the posting form. The picture, should you choose to provide it, will be displayed on the posting. It is your responsibility to check for the privacy of the picture and determine whether or not it is suitable for the internet and public viewing and/or downloading. Please do not post any personal information on garage sale postings that you expect to keep private. You agree that you are responsible for your own garage sale posting and for any consequences thereof.
6. Prohibited User Conduct. You warrant and agree that, while using the Web Site and the various services and features offered on or through the Web Site (including, for example and without limitation, member profiles, photo galleries, chat rooms, blogs, Podcasts, RSS feeds, video players and other public or open forums), you shall not: (a) impersonate any person or entity, whether actual or fictitious, including anyone from Bellevue.com or its affiliates, or misrepresent your affiliation with any other person or entity; (b) insert your own or a third party's advertising, branding or other promotional content into any of the Web Site's content, materials or services (for example, without limitation, in an RSS feed or a Podcast received from Bellevue.com or otherwise through the Web Site), or use, redistribute, reuse, republish, repurpose or otherwise exploit such content or service for any purpose or reason, including without limitation, further commercial or promotional purposes; or (c) attempt to gain unauthorized access to other computer systems through the Web Site. You also shall not and, by your use of the Web Site, represent and warrant that you are not:
- engaging in spidering, "screen scraping," "database scraping," harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining lists of users or other information from Bellevue.com, including without limitation any information residing on any server or database connected to the Web Site or the services offered on or through the Web Site;
- obtaining or attempting to obtain unauthorized access to computer systems, materials or information through any means;
- using the Web Site or the Web Site's services or features in any manner with the intent to interrupt, damage, disable, overburden, or impair the Web Site or such services or features, including, without limitation, sending mass unsolicited messages or "flooding" servers with requests;
- removing, concealing, editing or otherwise altering any trademark, copyright or other proprietary rights notice or any other mark or source identifier included in any content or features made available on or through the Web Site (for example, without limitation, in any Podcast, photograph or text);
- using the Web Site or the Web Site's services or features in violation of Bellevue.com's or any third party's intellectual property or other proprietary, privacy or legal rights;
- using the Web Site or the Web Site's services in violation of any applicable law;
- attempting (or encouraging or supporting anyone else's attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Web Site or the Web Site's services, or any content thereof, or make any unauthorized use thereof;
- using the Web Site in any manner that could damage, disable, overburden, or impair the Web Site or interfere with any other party's use and enjoyment of the Web Site or any of its services; or
- obtaining or attempting to obtain any materials or information through any means not intentionally made publicly available or provided for through the Web Site.
7. We reserve the right, but do not have an obligation, to monitor and/or to review all materials posted to the Web Site or through the Web Site's services or features by users, and we are not responsible for any such materials posted by users. Bellevue.com is not responsible for any failure to monitor, review and/or delete any materials posted to the Web Site or through the Web Site's services or features by users. However, Bellevue.com reserves the right at all times to disclose any information as necessary or advisable to satisfy any law, regulation or government request; and to edit, to refuse to post or to remove any information or materials, in whole or in part, that, in Bellevue.com's sole discretion, are objectionable or in violation of these Terms and Conditions, Bellevue.com's policies or applicable law or for any reason whatsoever. We may also impose limits on certain features of the Web Site and/or Services or restrict your access to part or all of the Web Site and/or Services without notice or penalty if we believe you are in breach of the guidelines set forth in our Terms and Conditions or in violation of applicable law, or for any other reason without notice or liability.
8. Registration and Security
8.1 You may need a password to login to the Web Site and to use certain Services within the Web Site. As part of the registration process, you will select a password and a log in (your email address). You also have to give us certain registration information, all of which must be accurate and updated.
8.2 You may not (i) select or use a member login of another person with the intent to impersonate that person; (ii) use a member login in which another person has rights without such person's authorization; or (iii) use a member log in that Bellevue.com, in its sole discretion, deems offensive. Failure to comply with the foregoing shall constitute a breach of this these Terms and Conditions, which may result in immediate termination of your account. Bellevue.com reserves the right, in its sole discretion, to disallow the use of a particular screen name, or to terminate any user's posting privileges at any time. By posting Submitted Materials (as defined in Section 5), you are consenting to its display, in connection with your screen name, on the site and for related online and offline promotional uses by Bellevue.com and its licensees.
8.3 You are responsible for maintaining the confidentiality and security of your password and account, and agree to notify Bellevue.com if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. It is your sole responsibility to control the dissemination and use of your password, control access to and use of your account, and notify Bellevue.com when you desire to cancel your account on this Web Site. We will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.
8.4 You are responsible for all usage or activity on your Bellevue.com account, including use of the account by you or any person or entity using your login and password, whether or not such access or use has been authorized by or on behalf of you, and whether or not such person or entity is your employee or agent. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at Bellevue.com's sole discretion, and Bellevue.com may refer you to appropriate law enforcement agencies. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session.
8.5 No transmission of data over the internet is guaranteed to be completely secure. It may be possible for third parties not under our control to intercept or access transmissions or private communications unlawfully, including in the case of your contacting us by e-mail or a "contact us" or similar feature on our Web Site. Accordingly, though we may take reasonable steps to protect the security and integrity of all Personal Information provided to this Web Site, due to the inherent nature of the internet as an open global communications vehicle, we cannot guarantee that information, during transmission through the internet or while stored on our system or otherwise in our care, will be absolutely safe from intrusion by others, such as hackers. Any such transmission is done at your own risk.
9. Some materials or information accessible in certain areas of the Web Site may be provided by other users and not by Bellevue.com (including, for example and without limitation, information provided by individual property owners and real estate brokers, advertisements for third party or user-provided products or services, and submissions to blogs, photo galleries, member profiles, message boards, chat rooms, review and ratings forums and other public forums available on or through the Web Site). From time to time, there may be opportunities on or through the Web Site for you to purchase certain products and/or services directly from such third parties (and in many cases, other users) who have advertised such products or services on the Web Site. Bellevue.com assumes no responsibility for, and you are solely responsible for confirming, the availability, appropriateness, accuracy, sufficiency, correctness, veracity, completeness, reliability and timeliness of any such user-provided information, content, products, services, advertising or other materials. The inclusion of any such user-provided content on the Web Site does not imply endorsement or sponsorship by Bellevue.com. You are solely responsible for any and all consequences of any such activities, transactions and relationships that you may conduct or form with other users of the Web Site. Any purchases that you make from such third parties or users who have advertised on or through the Web Site are made at your own risk. You acknowledge and agree that Bellevue.com has no responsibility or liability for such purchases and/or transactions.
10. Linking to the Web Site. You agree that if you include a link from any other web site to the Web Site, such link shall link to the full version of an HTML formatted page of this Web Site. You are not permitted to link directly to any image hosted on the Web Site or our services, such as using an "in-line" linking method to cause the image hosted by us to be displayed on another web site. You agree not to link from any other web site to this Web Site in any manner such that the Web Site, or any page of the Web Site, is "framed," surrounded or obfuscated by any third party content, materials or branding. We reserve all of our rights under the law to insist that any link to the Web Site be discontinued, that the link opens in a new browser window, and/or to revoke your right to link to the Web Site from any other web site at any time upon written notice to you.
11. Indemnification. By submitting or posting any User Information, photograph, video, and/or Submitted Materials or by using the Web Site you acknowledge and agree that, in the event that it becomes necessary or advisable for us to defend ourselves, in a court of law or otherwise, with respect to any such User Information, photograph, video, and/or Submitted Materials, or you engage in any prohibited conduct, as described below, we may rely on your representations and warranties contained herein. You agree to defend, indemnify and hold Bellevue.com and Reversemortgagekdc.com, its affiliates and Representatives and each of their respective directors, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees and other costs of enforcing these Terms and Conditions, arising in any way from your use of the Web Site, your placement or transmission of any message, content, information, software or other materials on or through the Web Site, or your breach or violation of the law or of these Terms and Conditions, or any violation by you of any other party's rights. Bellevue.com reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and in such case, you agree to cooperate with Bellevue.com's defense of such claim and to reimburse Bellevue.com for the reasonable costs and expenses thereof.
12. Links, Advertisers and Third Party Web Sites
12.2 Your correspondence or business dealings with any advertiser or any third party found on or through the Web Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with any such dealing, are solely between you and the advertiser or third party and are at your own risk. You agree that Bellevue.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that Bellevue.com is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Bellevue.com, and its officers, directors, employees, suppliers, agents, advertisers and co-branders in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our Service.
13. Notice and Procedure for Making Claims of Copyright Infringement
13.1 Bellevue.com neither warrants nor represents that your use of the Content and Service on Bellevue.com will not infringe rights of third parties not owned by or affiliated with Bellevue.com. Any unauthorized use of any materials on Bellevue.com may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. You are advised that Bellevue.com will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of civil damages, penalties, injunctive relief and, if permissible, criminal prosecution.
13.2 Bellevue.com respects the copyright rights and other intellectual property and proprietary rights of others, and requires people who use the Web Site, or the services or features made available thereon, do the same. Bellevue.com may, in appropriate circumstances and at its discretion, remove certain content or disable access to content that appears to infringe the copyright or other intellectual property rights of others. If you believe in good faith that a copyrighted work has been copied in a way that constitutes copyright infringement, please notify our Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. 512(c)(2), named below. To be effective, the notification must be a written communication that includes the following:
- Identification of the copyrighted work that you claim has been infringed;
- An exact description of where the material about which you complain is located within Bellevue.com;
- Your address, telephone number, and email address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the owner of the copyright interest involved or are authorized to act on behalf of that owner; and
- Your electronic or physical signature.
Our Copyright Agent can be reached as follows:
PO Box 3594
Bellevue, WA 98009
14. Disclaimer of Association with Users/Members. You acknowledge that no joint venture, partnership, employment or agency relationship exists between you and Bellevue.com or its authorized agents or contractors as a result of the Terms or use of the Web Site. You agree not to hold yourself out as a representative, agent, or employee of Bellevue.com. None of Bellevue.com, its authorized agents or contractors shall be liable for any representation, act or omission by you.
15. Communications between Bellevue.com and Users/Members. We respect your privacy. In the course of providing you with the Service through Bellevue.com, we may need to communicate with you via electronic mail. You agree to receive emails that are necessary for the normal functioning of and for the purpose of informing you of the changes or additions to the Service on Bellevue.com. Bellevue.com may contact you via email regarding your participation in user surveys, asking for feedback on the Web Site and existing or prospective products and services. This information will be used to improve our Web Site and better understand our users, and any information we obtain in such surveys will not be shared with third parties, except in aggregate form.
16. DISCLAIMER OF WARRANTIES. THE WEB SITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS AND MATERIALS PROVIDED THROUGH THE WEB SITE, ARE PROVIDED "AS IS," "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, PLAYABILITY, DISPLAYABILITY, ACCURACY, USEFULNESS, CORRECTNESS, PRECISION, THOROUGHNESS, COMPLETENESS OF CONTENT OR INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE DO NOT WARRANT THAT THE WEB SITE OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS PROVIDED THROUGH THE WEB SITE WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE WEB SITE OR PROVIDED SERVICES WILL MEET USERS' REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. BELLEVUE.COM ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR EQUIPMENT ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE WEB SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, INFORMATION, TEXT, IMAGES, VIDEO CONTENT, AUDIO CONTENT, OR OTHER CONTENT FROM THE WEB SITE.
WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION PROVIDED ON THE WEB SITE AT ANY TIME AND WITHOUT ANY PRIOR WARNING. WE WILL NOT BE LIABLE FOR ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED ON THE WEB SITE.
WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, BELLEVUE.COM, ITS AFFILIATES AND REPRESENTATIVES AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE WEB SITE, AND HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS AND OTHERWISE ON THE WEB SITE OR IN CORRESPONDENCE WITH BELLEVUE.COM OR ITS AGENTS. ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA THE WEB SITE ARE PROVIDED BY BELLEVUE.COM "AS IS," EXCEPT TO THE EXTENT, IF AT ALL, OTHERWISE SET FORTH IN A LICENSE OR SALE AGREEMENT SEPARATELY ENTERED INTO IN WRITING BETWEEN YOU AND BELLEVUE.COM OR ITS LICENSOR OR SUPPLIER.
17. LIMITATION OF LIABILITY. IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL BELLEVUE.COM, ANY OF ITS AFFILIATES OR REPRESENTATIVES, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE "PROTECTED ENTITIES") BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE WEB SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION VIA THE WEB SITE, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE WEB SITE. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS AND CONDITIONS OR YOUR USE OF THE WEB SITE EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO BELLEVUE.COM FOR YOUR USE OF THE WEB SITE. IF YOU ARE DISSATISFIED WITH THE WEB SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE WEB SITE.
18. Applicable Laws. We control and operate the Web Site from our offices in the United States of America. We do not represent that materials on the Web Site are appropriate or available for use in other locations. Persons who choose to access the Web Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. All parties to these terms and conditions waive their respective rights to a trial by jury.
19. Termination. Bellevue.com may terminate, change, suspend or discontinue any aspect of the Web Site or the Web Site's services (including, without limitation, content, features or hours of availability), at any time and for any reason. Bellevue.com may restrict, suspend or terminate your access to the Web Site and/or its services if we believe you are in breach of our terms and conditions or applicable law, or for any other reason without notice or liability. If we have banned you from the Web Site or any of the services on or available through the Web Site, you may not return to the Web Site for any reason or in any manner. Once you have been banned from use of the Web Site, you may not thereafter use the Web Site under a new username or identity. In the event that you do return, or attempt to return, to the Web Site or a particular service after you have been banned, you will be deemed to have breached these Terms and Conditions, and Bellevue.com reserves the rights to obtain reimbursement from you for any costs and expenses incurred to enforce these Terms and Conditions and otherwise to pursue all rights and remedies available to it at law or in equity with respect to such breach. Bellevue.com maintains a policy to terminate the Web Site use privileges of users who repeatedly infringe the intellectual property rights of others (including those of Bellevue.com).
20. Changes to Terms and Conditions. Bellevue.com reserves the right, at its sole discretion, to change, modify, add or remove any portion of the Terms and Conditions, in whole or in part, at any time. Changes in the Terms and Conditions will be effective when posted. Your continued use of the Web Site and/or the services made available on or through the Web Site after any changes to the Terms and Conditions are posted will be considered acceptance of those changes, without limitation or qualification, whether or not you have actually reviewed them. If at any time the Terms and Conditions are no longer acceptable to you, you should immediately cease all use of the Web Site and any Service.
21. Entire Agreement. These Terms and Conditions constitute the entire agreement between you and Bellevue.com and govern your use of the Web Site, superseding any prior agreements, oral or written, between you and Bellevue.com (including any prior versions of the Terms).
22. Miscellaneous. The Terms and Conditions, and the relationship between you and us, shall be governed by the laws of the State of Washington, United States of America, without regard to conflict of law provisions. You agree that any cause of action that may arise under the Terms and Conditions shall be commenced and be heard in the appropriate court in the State of Washington, County of King, United States of America. You agree to submit to the personal and exclusive jurisdiction of such courts. Our failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect. The section titles of the Terms and Conditions are displayed for convenience only and have no legal or contractual effect.
This Terms and Conditions of Use was last updated on May 1, 2009.