|
TERMS
OF USE
Date
Last Modified: June 10, 2009
PLEASE READ THESE TERMS OF USE CAREFULLY
BEFORE USING THIS WEB SITE (the
"Site"). The sites of BellaCura and Executive Care Services d/b/a
BellaCura (“ECS,” “us” or “we”), including but not limited to www.mybellacura.com
and any other URL or website owned and operated by ECS, whether now known or
hereafter devised, are fully controlled and operated by Executive Care
Services, LLC, a Florida limited liability company. By accessing and using this
Site, you are hereby agreeing to be legally bound by the terms and conditions
of ECS. If you do not agree with all of the following terms and conditions, please
do not use this Site. We reserve the right, at our sole discretion, to change,
modify or otherwise alter these terms and conditions at any time. Such changes
and/or modifications shall become effective immediately upon the posting thereof.
Please review the terms and conditions periodically. Your continued use of the site
following the posting of changes and/or modifications will constitute your acceptance
of the revised terms and conditions. For your information, this page was last
updated on June 10, 2009.
MODIFICATIONS
We
reserve the right, at any time and from time to time, for any reason in our
sole discretion, to change the terms of this Agreement. We will post or display
notices of material changes on the Site and/or e-mail you or notify you upon
login about these changes; the form of such notice is at our discretion. Once
we post them on the Site, these changes become effective immediately and if you
use the Site after they become effective, it will signify your agreement to be
bound by the changes. You should check back frequently and review the terms and
conditions of this Agreement, including, but not limited to, the User Content
Submission Agreement, other Additional Terms, Rules and Privacy Policy,
regularly so you are aware of the most current rights and obligations that
apply to you and the terms and conditions of your agreement with us.
ADVERTISING
From
time to time, you may communicate with, receive communications from, be
redirected to, interact with, or participate in or use the services of or
obtain goods and services from, third parties (collectively, the
"Advertisers") such as our merchants, advertisers, sponsors, or
promotional partners as a result of your use of the Site. All such communications,
interactions and participation is strictly and solely between you and such Advertisers and we
shall not be responsible or liable to you in any way in connection with these activities
or transactions (including, without limitation, any representations,
warranties, covenants, contracts or other terms or conditions that may exist between you and the
Advertisers or any goods or services you may purchase or obtain from any
Advertisers).
RULES
OF CONDUCT
Your
use of the Site is subject to all applicable local, state and national laws and regulations and, in some
cases, international treaties. You are solely responsible for all activities, acts and
omissions that occur in, from, through or under your user name or password. You shall not
use, allow, or enable others to use the Site, or knowingly condone use of this Site
by others, in any manner that is, attempts to, or is likely to:
- be libelous, defamatory, indecent, vulgar or obscene,
pornographic, sexually explicit or sexually suggestive, racially, culturally,
or ethnically offensive, harmful, harassing, intimidating, threatening,
hateful, objectionable, discriminatory, or abusive, or which may or may appear
to impersonate anyone else;
- affect us adversely or reflect negatively on us, the Site, our
goodwill, name or reputation or cause duress, distress or discomfort to us or anyone
else, or discourage any person, firm or enterprise from using all or any portion,
features or functions of the Site, or from advertising, linking or becoming a
supplier to us in connection with the Site;
- send or result in the transmission of junk e-mail, chain
letters, duplicative or unsolicited messages, or so-called "spamming"
and "phishing";
- be used for commercial or business purposes, including, without limitation,
advertising, marketing or offering goods or services, whether or not for
financial or any other form of compensation or through linking with any other
website or web pages;
- transmit, distribute or upload programs or material that contain
malicious code, such as viruses, timebombs, cancelbots, worms, Trojan horses,
spyware, or other potentially harmful programs or other material or
information;
- forge any TCP/IP packet header or part of the header information
in any email or newsgroup posting for any reason;
- violate any laws, regulations (including, without limitation,
laws regarding the transmission of technical data or software exported from the
United States), judicial or governmental order or any treaties, or violate or
infringe upon any intellectual property rights, rights of publicity or privacy
or any other rights of ours or of any other person, firm or enterprise; gain
unauthorized access to the Site, other users' accounts, names, passwords,
personally identifiable information or other computers, websites or pages, connected
or linked to the Site or to use the Site in any manner which violates or is
inconsistent with the terms and conditions of this Agreement;
- modify, disrupt, impair, alter or interfere with the use,
features, functions, operation or maintenance of the Site or the rights of use and
enjoyment of the Site by any other person, firm or enterprise; or
- collect, obtain, compile, gather, transmit, reproduce, delete,
revise, view or display any material or information, whether personally identifiable
or not, posted by or concerning any other person, firm or enterprise, in
connection with their or your use of the Site, unless you have obtained the express,
prior permission of such other person, firm or enterprise to do so.
OWNERSHIP
OF INTELLECTUAL PROPERTY
All
Site software, design, text, images, photographs, illustrations, audio-clips,
videoclips, artwork, graphic material, or other copyrightable elements, and
the selection and arrangements thereof, and trademarks, service marks, and trade
names (the "Material")
are the property of ECS and/or its
subsidiaries, affiliates, assigns, licensors, or other respective owners and are
protected, without limitation, pursuant to U.S. and foreign copyright and trademark
laws. ECS hereby grants you a personal, non-exclusive, nonassignable and non transferable
license to use and display, for noncommercial and personal use only, one
copy of any material and/or software that you may download from this Site, including,
without limitation, any files, codes, audio or images incorporated in or generated by the
software provided that you maintain all copyright and other notices contained in such
Material. You agree not to reproduce, modify, create derivative works from, display, perform,
publish, distribute, disseminate, broadcast or circulate any Material to any third
party (including, without limitation, the display and distribution of the Material via a third
party web site) without the express prior written consent of ECS. Use of ECS and/or its
licensors' Material is only permitted with express written permission. You further
agree that you will not disassemble, decompile, reverse engineer, or otherwise modify the
Material. Any unauthorized or prohibited use may subject the offender to civil liability
and criminal prosecution under applicable federal and state laws.
USER-SUBMITTED
POSTINGS
To
the extent that portions of this Site provide users an opportunity to submit information, ideas and
opinions (the "Postings"), please be advised that Postings do not necessarily reflect the
views of ECS. In no event shall ECS assume or have any responsibility or
liability for any Postings or for any claims, damages, or losses resulting from their use and/or
appearance on this Site. You hereby represent and warrant that you have all necessary rights
in and to all Postings you provide and all information they contain and that such Postings
shall not infringe any proprietary or other rights of third parties or contain any
libelous, tortuous, or otherwise unlawful information. You hereby authorize ECS to
use, and authorize others to use, your Postings in whole or in part, throughout the
universe in perpetuity in any and all media, now known or hereafter devised, alone,
or together or as part of other material of any kind or nature. Without limiting the
foregoing, ECS will have the right to use and change the Postings in any manner that ECS may determine. Submissions by users for
posting may be used for noncommercial purposes only. Users may not post any
information intended to promote and/or generate revenue for any third party business activity.
Although ECS periodically monitors the content posted on this Site, it cannot be responsible
for the views or opinions expressed by third parties. Nonetheless, ECS will
make every effort to ensure that the Postings best serve the interests of all users
and, therefore, ECS reserves the right to refuse to post, edit, or delete submissions that in its
sole discretion it deems inappropriate for this Site, as well as revoke the privileges of
users who do not comply with such rules.
DISCLAIMER
AND LIMITATION OF LIABILITY
THIS
SITE AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED AND TRANSMITTED ON AN "AS
IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING,
WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE. ECS is not responsible or liable for
any infections or contamination of your system, or delays, inaccuracies, errors,
or omissions arising out of your use of this Site or with respect to the information and
material contained on this Site. The entire risk as to the quality, accuracy, adequacy,
completeness, correctness, and
validity of any material rests with you. TO
THE FULLEST EXTENT PERMISSIBLE
PURSUANT TO APPLICABLE LAW, ECS, ITS
AFFILIATES, AND RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AND
THIRD PARTY PROVIDERS TO THE SITE WILL NOT BE LIABLE FOR DAMAGES OF
ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR
DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE
MATERIALS CONTAINED ON THIS SITE
WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE
SUPPLIED BY ECS OR ANY THIRD PARTY. Notwithstanding the foregoing, in no event shall
ECS's liability
to you for any and all claims, damages, losses, and causes of action (whether
in contract,
tort or otherwise) exceed the amount paid by you, if any, for accessing this
Site. Notwithstanding
the foregoing, all information and content contained on the Site, including but not limited
to the Material (the “Information”) is for informational purposes only and ECS makes no
representations or warranties as to its accuracy, truthfulness, or legality and all such information
is subject to change at the sole discretion of ECS. You understand that any
Information on the Site is subject to change and does not represent an offer for services,
goods, or any representation by ECS. You shall not rely on any Information on the Site
in any way without the written confirmation from ECS validating the accuracy of such
information. Nothing on the Site represents the actual services offered by ECS or the
quality of such services that may be expected to be delivered or is a binding offer or
statement of fact by ECS. All Information on the Site is for promotional purposes only
and does not represent any actual methods of care, services, treatments, cures offered
by ECS, nor may you rely on the Information in any way without the express
written confirmation from ECS.
THIRD
PARTY HYPERLINKS AND INFORMATION
The
appearance of external hyperlinks and/or postcards generated by third parties
does not
constitute endorsement by ECS, its subsidiaries and affiliates of the opinions
or views expressed
by these third party Web sites and ECS does not verify, endorse, or take responsibility for the
accuracy, currency, completeness, or quality of the content contained at these sites.
Furthermore, ECS is not responsible for the quality or delivery of the products or services
offered, accessed, obtained by, or advertised at such sites. As such, neither ECS nor its
subsidiaries and affiliates will be responsible for any errors or omissions or for the
results obtained from the use of such information contained in these sites. Finally, ECS will
under no circumstances be liable for any direct, indirect, incidental, or special
loss or other damage, whether arising from negligence, breach of contract, defamation,
infringement of copyright or other intellectual property rights, caused by the exhibition,
distribution, or exploitation of any information or content contained within these
third party hyperlinked sites. The appearance of any third party information on the Site
does not represent or constitute a partnership, agency, employment, endorsement,
or promotion between ECS and such third party and ECS does not verify, endorse,
or take responsibility for the accuracy, currency, completeness, or quality of the content
provided by, or associated with such third parties.
INDEMNIFICATION
You
agree to indemnify, defend, and hold harmless, ECS, its affiliates, and their respective officers,
directors, employees, agents, licensors, representatives, and third party providers to the
Site from and against all losses, expenses, damages, and costs, including reasonable attorneys'
fees, resulting from any violation by you of this agreement or federal or
state law as it applies to the use of this Site. ECS reserves the right to assume, at its
sole expense, the exclusive defense and control of any matter subject to
indemnification by you, in which event you will fully cooperate with ECS in asserting any available
defenses.
MISCELLANEOUS
ECS
operates and controls this Site from its offices. This Site is intended for
residents of the United
States only. No software from this Site may
be downloaded, exported or reexported in violation of any law including,
without limitation, to countries that are subject to U.S. export restrictions. This
Agreement contains the entire understanding and supersedes all prior
understanding of the parties hereto relating to the subject matter hereof, and
cannot be changed or terminated orally. If any provision of this Agreement is
found to be illegal or unenforceable, the Agreement will be deemed curtailed to
the extent necessary to make it legal and enforceable and will remain, as modified,
in full force and effect. This Agreement and all matters or issues collateral
thereto will be governed by, construed and enforced in accordance with the Laws
of the State of Florida applicable to contracts executed and performed entirely
therein (without regard to any principles of conflict of laws), and jurisdiction
for any court action in the State of Florida. ECS is committed to providing
quality online activities and information to its visitors and customers. While
we encourage the interactive nature of online media, we strive to ensure the
online safety and privacy of our visitors.
INFORMATION
CANCELLATION POLICIES
We
may request personally identifiable information from visitors who choose to participate in certain
activities as described below. Our information practices are described below.
E-MAIL
ECS
and the Site provide visitors with the opportunity to send e-mail to ECS representatives.
We request no personally identifiable information from the visitor. We may
share e-mail addresses with our affiliated departments and businesses that may
have their own disclosure practices. Visitors' e-mail correspondences are
deleted from our system periodically.
USE
OF INFORMATION
At
ECS and the Site, we may share aggregate information about our visitors with
both our affiliated businesses and externally with third parties, such as
advertisers and business partners. We may also share personal information about
our visitors with our affiliated departments and businesses that may have their
own disclosure practices. However, it is our policy to not disclose externally
with third parties personal information collected on our site, except in the
following instances:
AGENTS
The
personal information provided to ECS by visitors may be transferred, disclosed
or shared with third parties who may be engaged by us specifically to handle
and deliver certain activities (e.g., sweepstakes, e-cards, newsletters) and
perform other technical and processing functions, such as sending postal mail
and e-mail, record keeping, programming, providing user services to our
visitors, or otherwise operating our site. They have access to personal
information needed to perform their functions, but may not use it for other
purposes.
BUSINESS
TRANSFERS
In
the event that all or substantially all of the assets relating to ECS are
transferred or sold to another entity, personally identifiable information may be
transferred to the acquiring entity.
SPECIAL
CASES
We
may also disclose personally identifiable information to third parties when
required by
law or is pertinent to judicial or government investigations or proceedings, or otherwise necessary to
protect our Web site or the safety of its users. Other than as set forth
above, we do not at present intend to use your personal information for other purposes.
However, in the future we may disclose personal information you have provided
to third parties for additional purposes and in the event we do, we will provide
notices of such use to our users.
COOKIES
AND LOG DATA
Cookies
are information files that your Web browser places on your computer when you visit
a Web site. The Site is able to access only the cookies that it sets on your
computer. We may also collect information to determine the type of computer
operating system and browser that you and other visitors are using. We collect
this information in the aggregate in order to provide services better tailored
to our visitors' needs. We do not link the information collected through
cookies to personally identifiable information submitted by visitors when participating
in our activities. "Log data" is collected on Web servers within the
Site’s control and supplies the Site with aggregate information about the number
of visits to different pages on our site. We do not link the "log
data" collected to personally identifiable information submitted by users
when participating in our activities.
SECURITY
The
Site and ECS has taken steps to ensure that personally identifiable information collected is secure,
including limiting the number of people who have physical access to our database servers as
well as electronic security systems and password protections, which guard against unauthorized
access. The
Site is intended for domestic visitors and, consequently, are specifically
directed towards
residents of the United States.
This policy, like the online medium itself, is subject to change. This
page was last updated on June 10, 2009.
QUESTIONS/CONCERNS
If
you have any questions regarding these Terms of Use, please contact ECS at
This e-mail address is being protected from spambots. You need JavaScript enabled to view it
. ECS's sites are
intended for domestic and international visitors and, consequently, are of not specifically directed
toward residents of any individual country. This policy, like the online medium itself, is
subject to change. This page was last updated on the date set forth above.
|
