Terms of Service

Last Updated February 24, 2021

Terms of Use

By visiting, using, or browsing any web site or portal (collectively, the “Web Site”) published by HelloBello.ca, any of its affiliates or subsidiaries (collectively, “Hello Bello”, “Us” or “We”), however accessed and/or used, whether via personal computers, mobile devices, or otherwise, you accept, without limitation or qualification these Terms of Use and agree, without limitation, to the terms of our Privacy Policy. If you do not agree to these Terms of Use or to our Privacy Policy, please do not use our services or visit our Web Site. Acceptance of these terms constitutes a legal agreement between you and Hello Bello. These Terms of Use, along with our Privacy Policy, govern your use of Hellobello.ca and any other websites, applications, and other products and services offered by Hello Bello or its affiliates that include an authorized link to these Terms of Use.

Additional terms may apply to your use of certain services or features available through the Web Site, including but not limited to, giveaways and contests (“Additional Terms”). We will provide these terms to you or post them on the Web Site, and they are incorporated by reference into these Terms of Use. If there is a conflict between these Terms of Use and any Additional Terms that apply to a particular service or feature, the Additional Terms will control with respect to that particular service or feature unless the Additional Terms expressly state otherwise.

Changes to Terms of Use

We may at any time revise these Terms of Use and/or our Privacy Policy. You are bound by any such revision and should therefore review this Web Site periodically to determine the then current Terms of Use, Privacy Policy, and conditions to which you are bound. If you do not agree with any changes to these Terms of Use, your sole remedy is to not use the Web Site. If you continue to use the Web Site after we change these Terms of Use, you will be deemed to accept all changes.

Intellectual Property; License

The audio and video materials, images, photographs, articles, opinions, and other text, graphics, illustrations, logos, depictions, layouts, compilations, designs, interfaces, digital downloads, software, data compilations and other content of or associated with the Web Site (the “Content”) are owned or licensed by and to Hello Bello or other authorized third parties and are protected by intellectual property, copyright, trademark, trade dress or other applicable laws in the U.S., Canada and in other countries. You must comply with all such laws and applicable copyright, trademark and other legal notices and restrictions. You shall not remove or alter any copyright, trademark, or other legal notices marked on the Content. As between you and Hello Bello, we and our licensors will retain all right, title, and interest, including all intellectual property rights, in and to the Web Site and the Content. No transfer of ownership to any portion of the Content shall be made as a result of any access that you are granted. Except as expressly set forth in these Terms of Use or expressly granted to you in writing by Hello Bello, no rights, including any ownership rights, are granted to you. You agree to abide by any and all additional copyright notices, information or restrictions contained in any part of the Web Site. The compilation of the Content on the Web Site is the exclusive property of Hello Bello.

You are only permitted to access and view the Content for personal, non-commercial purposes in accordance with these Terms of Use, and may not build a business or other enterprise utilizing any of the Content, whether for profit or not. Except as provided in these Terms of Use or otherwise expressly authorized by us in writing, you may not (either directly or through the use of any software, device, internet site, web-based service or other means) download, stream capture, store in a database, archive or otherwise copy any part of the Web Site or Content; upload, sell, rent, lease, lend, broadcast, transmit or otherwise disseminate, distribute, display or perform any part of the Web Site or Content; license or sublicense any part of the Web Site or Content; or in any way exploit any part of the Web Site or Content. In addition, except as provided in these Terms of Use or otherwise expressly authorized by us in writing, you are strictly prohibited from modifying Content or any part of the Web Site; creating, distributing or advertising an index of any significant portion of the Content or any part of the Web Site; or otherwise creating derivative works or materials that otherwise are derived from or based in any way on any of the Content or the Web Site, including mash-ups and similar videos, montages, translations, desktop themes, fonts, icons, wallpaper, greeting cards, and merchandise. This prohibition from creating derivative works is applicable even if you intend to give away the derivative material free of charge.

Viral Distribution

We may expressly authorize you to redistribute certain Content on a personal, non-commercial basis. We will identify the Content that you are authorized to redistribute and describe ways you may redistribute it (such as via email, blogs, or embedded players, or by producing mash-ups (i.e. combinations of Content). We may revoke this authorization at any time. If you redistribute such Content, you must be able to edit or delete such publicly posted Content and you must edit or delete it promptly upon our request. You are expressly prohibited from using language such as “as seen on” or any other language that implies an endorsement by Hello Bello or talent appearing therein when redistributing Content.

Commercial Licenses

You must obtain our prior written permission for commercial use of the Content or the Web Site. If you wish to license Content from the Web Site, please contact us.

The copyright in all materials provided on the Web Site is owned by Hello Bello or its affiliate(s) or third party licensor(s). Except as stated herein, none of the material contained in or on the Web Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written consent of Hello Bello. Permission is hereby granted to view, copy, print and download the materials on the Web Site for personal, non-commercial use only, provided such materials are used solely for informational purposes, and all copies, or portions thereof, include this copyright notice. Hello Bello may revoke any of the foregoing rights at any time. You may not, without Hello Bello’s prior written consent, “mirror” or otherwise reproduce any material contained on the Web Site on any other server. Upon termination of any rights extended hereunder, you must immediately destroy any downloaded and printed materials obtained from any Web Site. Any unauthorized use of any material contained on the Web Site may violate intellectual property laws, including copyright laws and trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

If you believe that Content on the Web Site violates your or another person’s copyright, please provide Hello Bello’s copyright agent (contact details below) the following information: identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; information reasonably sufficient to permit us to contact the complaining party; a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of a right that is allegedly infringed.

Hello Bello’s copyright agent for notice of claims of copyright infringement on or regarding the Web Site can be reached at:

Hello Bello

Attn: Legal

2046 Hillhurst Ave #130

Los Angeles, CA 90027

Email: support@hellobello.ca

Upon receipt of a notice of claimed infringement that satisfies these requirements, we will act expeditiously to remove or disable access to any Content that is claimed to be infringing upon the copyright of any person under applicable laws and will terminate the access privileges of those who repeatedly infringe on the copyrights of others. Substantial penalties for falsely submitting a notice of copyright infringement may apply under applicable law.

Trademark

The trademarks, service marks, trade names and logos (collectively, “Trademarks”) used and displayed on the Web Site are registered or unregistered Trademarks of Hello Bello, its affiliate(s) or third party licensor(s). Nothing on the Web Site shall be construed as granting, by implication, estoppel or otherwise any license or right to use any Trademark displayed on the Web Site without the prior written consent of the Trademark owner. The name of Hello Bello or any Trademark may not be used in any way including in any advertising or publicity pertaining to distribution of materials on the Web Site without the prior written consent of Hello Bello. Hello Bello prohibits the use of any Hello Bello logo or Trademark as a “hot” link to any web site unless establishment of such link is approved in advance by Hello Bello in writing.

User Account and Content Submission

Certain areas of the Web Site may ask you to create an account or may otherwise ask you to provide information to participate in certain features or to access certain content (e.g., e-mail, newsletters, sweepstakes, etc.). The Web Site’s practices governing your personal information are disclosed in our Privacy Policy. If you choose to provide information to the Web Site, you agree to provide only true, accurate, current and complete information. If Hello Bello has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Hello Bello has the right to suspend or terminate your account and refuse any and all current or future use of the Web Site and hold you responsible for any claim or damages arising from such information. Any messages or other postings without a valid email address verification are subject to removal. Any information you post on this Web Site is subject to disclosure in accordance with these Terms of Use or applicable law, including to any regulatory or criminal authority or third party.

If you create an account, you agree to accept responsibility for all activities that occur under your account or password, if any, and agree you will not sell, transfer or assign your account. You are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer, cell phone or other internet access device, as applicable, so that others may not access any password protected portion of the Web Site using your name, user name or password in whole or in part. You accept responsibility for all activities, charges, and damages that occur under your account by other members of your household. If you have reason to believe or suspect that someone is using your account without your permission, you should contact us immediately. We are not responsible for any loss or damage resulting from unauthorized use.

The Web Site may allow you to submit or transmit audio, video, text, or other materials, including so-called “user generated content” and “feedback” on forums, message boards, social networking areas, and other interactive areas on the Web Site (collectively, “User Content”). When you provide User Content, you grant to Hello Bello and its affiliates and partners a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, transferable, fully sublicensable license to use, reproduce, handle, archive, edit, translate, create derivative works of, make available, distribute, sell, display, perform, transmit, broadcast and in any other way exploit that User Content, and any names, voices, likenesses and other identifying information of persons that is part of that User Content, in any form, media, software, or technology of any kind now known or developed in the future, including, without limitation, for developing, manufacturing, and marketing products and for inclusion on the Web Site, or in any other electronic or non-electronic media or format currently existing or later developed. You hereby waive any moral rights you may have in your User Content, even if such material is altered or changed in a manner not agreeable to you. You agree and understand that we are not obligated to use your User Content, and we may alternatively, in our sole discretion, choose to modify, edit, remove, limit, or block access to your User Content without any notice or liability to you. Additionally, we reserve the right to suspend or terminate your access to the Web Site and pursue all legal remedies if we believe your User Content infringes another’s copyright or otherwise violates any law, rule or regulation. Any information or User Content submitted on the Web Site is also subject to the Privacy Policy, the terms of which are incorporated herein.

Your User Content is your sole responsibility. This means that you, and not Hello Bello, are entirely responsible for all User Content that you upload, post, e-mail, transmit or otherwise make available via the Web Site. You represent that any User Content you provide is an original work by you or you have all necessary rights in it to submit it to Hello Bello under the terms of these Terms; that it is not defamatory; and that it does not infringe upon, misappropriate or violate the rights of any third parties, including, without limitation, any intellectual property rights, rights of publicity or privacy or any other proprietary rights or otherwise violate any law, rule or regulation. You further agree that you are solely liable for any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including attorneys’ fees, connected to or arising from your breach of any representation or warranty, or other violation of the terms of these Terms of Use or any Additional Terms. Except as otherwise expressly described in our Privacy Policy, any applicable Additional Terms or on the Web Site, your User Content will be treated as non-confidential and non-proprietary and we will not be liable for any use or disclosure to anyone, including but not limited to claimed intellectual property owners.

If you owned User Content before providing it to us, you will continue owning it after providing it to us, subject to any rights granted in these Terms of Use and any access granted to others. Please note that if you delete User Content from the Web Site:

The User Content may still exist in our backup copies, which are not publicly available. If your User Content was shared with third parties, those third parties may have retained copies of your User Content, and neither we nor our affiliates have any responsibility for any uses of your User Content that they might make.

We retain the license specified above.

We do not guarantee that User Content will be private, even if the User Content is in a password-protected area. Accordingly, you should not provide User Content that you want protected from others. You bear all responsibility for your User Content. You represent and warrant that you have all rights necessary to grant to Hello Bello the license above.

Third Party Content

We may provide third-party content (including advertisements) or link to third-party websites on the Web Site. We do not necessarily endorse or evaluate third-party content and websites, and we do not control or assume responsibility for third parties’ actions or omissions and do not make any representations or warranties as to the completeness, accuracy, adequacy, currency, reliability or legality of any third-party content. You should review third parties’ terms of use and privacy policies before you use their services. In certain instances, you may be able to interact with certain third party social media sites (“Social Media Sites”) through the Web Site, including, without limitation, Facebook and Twitter.

YOU AGREE THAT NEITHER HELLO BELLO NOR ANY OF ITS AFFILIATES OR COMPANY PARTIES (DEFINED BELOW) WILL, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, RESOURCES OR CONTENT AVAILABLE THROUGH ANY THIRD PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OF OR RELIANCE ON THE CONTENT, WEBSITE, ADVERTISING, OR BUSINESS PRACTICES OF ANY THIRD PARTY. Reference on the Web Site to any product, process, publication or service of any third party by trade name, domain name, trademark, trade identity, service mark, trade identity, logo, manufacturer or otherwise does not constitute or imply its endorsement or recommendation by Hello Bello or its affiliates or Company Parties (defined below).

Mobile

The Web Site may offer features and services that are available to you via your mobile phone or other mobile device, including the ability to receive messages from the Web Site (collectively, the “Mobile Features”). Your wireless provider may charge for use of Mobile Features, including fees for receipt of text messages or data transmission. In order to receive Mobile Features, your wireless provider may require you to subscribe to additional services, which may require additional fees. These fees are not charged by us, and you should contact your wireless provider before you sign up for Mobile Features to determine what fees could be charged.

You may not transfer or copy any Content from the wireless device on which you originally received Content to any other device, including, without limitation, any computer or another wireless device.

Limitations of Use

You must be 18 years of age or older to access our Web Site or use our services. Without limiting any other provision in these Terms of Use, by accessing our Web Site, you agree not to do any of the following, or assist others to do any of the following:

You further agree to only submit content to the Web Site that is in compliance with all applicable laws, rules and regulations and is owned by you, or submitted with the express permission of the owner or within the scope of your license to such content.

You are solely responsible for your interaction with other users of this Web Site, whether online or offline. We are not responsible or liable for the conduct of any user. Hello Bello reserves the right to terminate your access to the Web Site or any of its services if it determines that you do not comply with these Terms of Use; provide false, inaccurate, or incomplete information during our registration process; engage in any conduct that would otherwise harm any of Hello Bello’s rights or interests in its Web Site, services, business, or other property; or for any or no reason whatsoever without prior notice to you. Hello Bello may take any other actions necessary in this regard or seek any remedies permitted by law. Any violation of these Terms or any Additional Terms may be referred to law enforcement authorities. Upon termination of your user account or access to the Web Site, or upon demand by Hello Bello, you must destroy all materials obtained from this Web Site and all related documentation.

Monitoring and Management of Content of Web Site

Hello Bello shall have the right, but not the obligation, to monitor the content and use of the Web Site to determine compliance with these Terms of Use and any other operating rules established by Hello Bello, as well as to determine compliance with applicable laws, including, but not limited to, copyright laws. Hello Bello shall have the right in its sole discretion to edit, refuse to post, block access to, or remove any material submitted to or posted on the Web Site that Hello Bello finds to be in violation of these Terms of Use or that Hello Bello believes may violate laws or the rights of others, including, without limitation, laws against copyright infringement or rights of privacy or publicity.

We may take any of the following actions in our sole discretion at any time, and without giving you prior notice:

Change or discontinue the Web Site;
Change how we offer and operate the Web Site;
Remove Content from the Web Site;
Restrict, suspend or terminate your access to the Web Site or any feature thereof; and
Deactivate your account(s) and delete all related information and files in your account(s).

We will not be liable to you or any third party for taking any of these actions and we will not be limited to the remedies above if you violate these Terms of Use. If Hello Bello terminates your access, you must immediately stop using the Web Site.

Hello Bello Bundles Subscriptions

Our advertisements for products or services on the Web Site are invitations to you to make offers to purchase products or services on the Web Site and are not offers to sell. All prices and other amounts appearing on the Web Site are quoted in Canadian dollars.

If you buy a bundle, you’ll sign up to receive them automatically on a recurring basis depending on the shipping frequency you select. You will receive a reminder email at least two (2) days prior to your next scheduled shipment. You can edit, delay, or cancel your bundle at any time, but if you want this change to take effect before your next shipment leaves, you need to let us know within 24 hours of receiving the reminder email by logging in to your account page and going to the My Bundle section or by contacting Customer Support at 1-888-860-6888 or support@hellobello.ca. Please note: If you don’t edit, delay or cancel your selections for a particular month, we will send you the same bundle we sent the previous month at the same rate, subject to availability. We will charge the credit card you have on file each time a bundle ships, unless you cancel your bundle. The cost of your bundle includes shipping.

We accept all major credit cards and we store your credit card information to make repeat purchasing easier. We are not responsible for fees or charges that come from your bank or credit card issuer.

For merchandise not received or damaged, we may credit your account, after an investigation. We will replace products and credit your account at our discretion.

If you would like to return an item, please contact support@hellobello.ca. We accept unopened items for return within 60 days of delivery.

While we use our best efforts to fulfill all orders, we cannot guarantee the availability of any particular product displayed on the Web Site. We reserve the right to discontinue the sale of any product listed on the Web Site at any time without notice and to limit the quantity of any particular product sold. We also reserve the right to cancel an order at any time.

Indemnification

To the fullest extent permitted by applicable law, you will defend, indemnify and hold harmless Hello Bello and its affiliates, and its and their respective directors, officers, employees, shareholders, vendors, partners, contractors, agents, licensors or other representatives and all of their successors and assigns (collectively, the “Company Parties”) from and against any and all claims, actions, demands, costs (including attorney’s fees and costs), damages, investigations, settlements, judgments, losses, liabilities, and expenses or obligations of any kind, arising out of or in connection with your use or misuse of the Web Site or the Content (including, without limitation use of your account, or claims arising from User Content) or your breach of these Terms of Use. You will cooperate as fully as required by any of the Company Parties. The Company Parties retain the right to assume the exclusive defense and control of any claim subject to indemnification, and in such cases you agree to cooperate with us to defend such claim. You may not settle any claim without the Company Parties’ (as applicable) prior written approval.

Disclaimers and Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY PARTIES MAKE NO REPRESENTATIONS, WARRANTIES, COVENANTS OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, ABOUT: THE WEB SITE; THE CONTENT AND SOFTWARE ON AND PROVIDED THROUGH THE WEB SITE (IN WHATEVER FORM OR MEDIA); THE FUNCTIONS MADE ACCESSIBLE ON OR ACCESSED THROUGH THE WEB SITE; THE MESSAGES AND INFORMATION SENT FROM THE WEB SITE BY USERS; ANY PRODUCTS OR SERVICES OFFERED VIA THE WEB SITE OR HYPERTEXT LINKS TO THIRD PARTIES; AND/OR SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEB SITE OR ANY LINKED SITE. THE COMPANY PARTIES DO NOT REPRESENT, WARRANT OR COVENANT THAT: (i) THE WEB SITE, ANY OF THE WEB SITE’S FUNCTIONS OR ANY CONTENT CONTAINED THEREIN (INCLUDING, WITHOUT LIMITATION, ANY PRICE INFORMATION OR PRODUCT SPECIFICATIONS) WILL BE ERROR-FREE; (ii) DEFECTS WILL BE CORRECTED; (iii) THE WEB SITE OR THE SERVERS THAT MAKES IT AVAILABLE ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (iv) THERE WILL NOT BE ANY FAILURES, INTERRUPTIONS, OR DELAYS IN THE WEBSITE OR DELIVERY OF ANY CONTENT CONTAINED IN THE WEB SITE. THE COMPANY PARTIES SHALL HAVE NO LIABILITY FOR ANY SUCH ISSUES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY PARTIES DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES AND CONDITIONS, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR AS TO QUALITY, DURABILITY, AVAILABILITY OR SUBJECT MATTER OF THE WEB SITE, CONTENT AND/OR PRODUCTS OR SERVICES OFFERED THROUGH THE WEB SITE. THE WEB SITE, INCLUDING ALL CONTENT, PRODUCTS, SERVICES, AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE WEB SITE, ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.”

YOUR ACCESS TO AND USE OF THE WEB SITE (INCLUDING ITS FUNCTIONS AND CONTENT) IS AT YOUR RISK. YOU UNDERSTAND THAT BY USING THE WEBSITE OR ANY OF THE FEATURES OF THE WEB SITE, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT, WARRANT AND COVENANT THAT YOUR ACTIVITIES ARE AND WILL BE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE WEB SITE OR THE CONTENT. IF YOU ARE DISSATISFIED WITH THE WEB SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE WEB SITE.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY PARTIES ARE NOT RESPONSIBLE FOR ANY DAMAGE TO ANY USER’S COMPUTER, HARDWARE, SOFTWARE, CELL PHONE, MODEM OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION OR FOR ANY CONDUCT BY USERS OF THE WEB SITE.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NONE OF THE COMPANY PARTIES WILL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH: (a) THE WEB SITE (INCLUDING WITHOUT LIMITATION ITS FUNCTIONS OR CONTENT); (b) YOUR USE OF THE WEB SITE (INCLUDING WITHOUT LIMITATION ITS FUNCTIONS OR CONTENT); (c) THE USE OF, INABILITY TO USE, OR PERFORMANCE OF THE WEB SITE (INCLUDING WITHOUT LIMITATION ITS FUNCTIONS OR CONTENT); (d) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY HELLO BELLO REGARDING YOUR USE OF THE WEB SITE OR CONTENT; (e) THESE TERMS; (f) YOUR USER CONTENT; OR (g) ANY ERRORS OR OMISSIONS IN THE WEB SITE, EVEN IF FORESEEABLE OR EVEN IF ONE OR MORE OF THE COMPANY PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, GROSS NEGLIGENCE, OR OTHERWISE, BUT EXCLUDING WILLFUL MISCONDUCT). IN NO EVENT WILL THE COMPANY PARTIES’ AGGREGATE LIABILITY TO YOU FOR ANY OTHER DAMAGES EXCEED FIFTY U.S. DOLLARS ($50 US).

YOU ACKNOWLEDGE AND AGREE THAT IF YOU INCUR ANY DAMAGES THAT ARISE OUT OF THE COMPANY PARTIES’ ACTS OR OMISSIONS, THE DAMAGES, IF ANY, ARE NOT IRREPARABLE AND ARE NOT SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING OPERATION OF THE WEB SITE OR ANY OTHER SERVICE, PROPERTY, PRODUCT, PROGRAM, PODCAST, TELEVISION SHOW, MOTION PICTURE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE COMPANY PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY HELLO BELLO OR ANY OTHER COMPANY PARTY’S WEB SITE, PROPERTY, PRODUCT, PROGRAM, PODCAST, TELEVISION SHOW, MOTION PICTURE OR OTHER AUDIO/VISUAL CONTENT.

BY ACCESSING THE WEB SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, IF APPLICABLE, AND ANY SIMILAR LAW OF ANY STATE, PROVINCE OR TERRITORY. SECTION 1542 PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

Governing Law, Venue and Jurisdiction

These Terms of Use and all claims between you and Hello Bello arising from or related to your use of the Web Site will be governed by and construed in accordance with the laws of British Columbia. These Terms will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, if applicable.

With respect to any disputes or claims not subject to arbitration (as set forth below), you agree to jurisdiction in British Columbia. Notwithstanding any other provision of these Terms of Use, Hello Bello may seek injunctive or other equitable relief from any court of competent jurisdiction and nothing herein will restrain a Canadian resident’s right, if any, to seek public injunctive relief as permitted by law and subject to the venue requirements set forth above.

Regardless of any statute or law to the contrary, you must file any claim or action related to use of the Web Site or these Terms of Use within one hundred eighty (180) days after the occurrence of the facts giving rise to such claim or action otherwise, you will waive the claim or action.

Disputes and Arbitration

If you have any dispute with or claim against us or any of the Company Parties, or if we or the Company Parties have a dispute with or claim against you, in either case arising out of or relating to the Web Site or these Terms (a “Claim”), and you and we are not able to resolve such Claim through informal discussion as described below, you and Hello Bello (as applicable) each agree to resolve such Claim exclusively by final and binding arbitration administered by the British Columbia International Commercial Arbitration Centre (“BCICAC”) and conducted before a sole arbitrator in accordance with BCICAC’s Domestic Commercial Rules of Procedure (as amended) (the “Rules”); this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Arbitration Act, RSBC 1996, c .55 (the “Act”) the arbitration shall be held in Vancouver, British Columbia; the arbitrator’s decision shall be controlled by these Terms of Use and any of the other agreements and policies referenced herein; the arbitrator shall apply British Columbia law consistent with the Act and applicable statutes of limitations, and shall honour claims of privilege recognized at law; there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; the arbitrator shall not have the power to award punitive, consequential, indirect, or incidental damages against you or any Company Parties and recovery shall be limited to monetary damages actually suffered, and all parties waive their right to an appeal; the dispute resolution process (including the pre-arbitration process outlined below) will be conducted on a private and confidential basis and all information exchanged and disclosed during the course of the dispute resolution process shall be used only for the purposes of the dispute resolution process; and if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If the entirety of this arbitration provision is found to be invalid, unenforceable or illegal, neither you nor any Company Parties shall be entitled to arbitrate their dispute, and all such disputes must be resolved by reference to the courts of British Columbia and the parties waive their right to a jury trial. For more information on BCICAC and/or the Rules, visit their website at http://bcicac.com/. This shall survive termination of these Terms of Use.

Before you or Hello Bello commence an arbitration with respect to a Claim, you must first send to Hello Bello a written notice of your claim or Hello Bello must send a written notice of our claim to you (“Notice”). Your Notice must be sent by certified mail; be addressed to: Hello Bello, Attn: Legal, 2046 Hillhurst Ave #130, Los Angeles, CA 90027 describe the nature of your Claim; and specify the damages or other relief you seek. If Hello Bello and you (as applicable) do not then resolve the Claim within 30 days after our receipt of Notice is received, either you or Hello Bello (as applicable) may commence an arbitration to resolve the Claim.

Miscellaneous

You are solely responsible for compliance with applicable laws, rules, and regulations in connection with your use of the Web Site and/or the Content, including, without limitation, those governing your transmission or use of any software or data. You agree that these Terms of Use or any Additional Terms will not be construed against Hello Bello by virtue of having drafted these Terms of Use or any Additional Terms. If any provision of these Terms of Use or any Additional Terms or the Privacy Policy is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms of Use or any Additional Terms or Privacy Policy, which will remain in full force and effect. No waiver of any of these Terms of Use or any Additional Terms will be of any force or effect unless made in writing and signed by a duly authorized officer of Hello Bello. The section titles in these Terms of Use are for your convenience only and do not have any legal or contractual effect.

We may be required by state or federal law to notify you of certain events. You hereby acknowledge and agree that such notices will be effective upon our posting them on the Web Site or (if applicable) delivering them to you via email. If you have previously provided an email address, you may be able to update your email address as described in our Privacy Policy. If you do not provide us with accurate information, we will not be responsible for failure to notify you. Our failure to exercise or enforce any right or provision in these Terms of Use will not constitute a waiver of such right or provision. These Terms of Use, including all additional terms, conditions, and policies on the Web Site, constitute the entire agreement between you and us and supersede all prior agreements with respect to the subject matter hereof. Nothing in these Terms of Use affects any non-waivable statutory rights that apply to you.

You authorize us to provide information concerning you and your activities to comply with applicable laws or respond to court order, subpoenas, or other lawful requests, or if we believe doing so would protect your safety or that of another person or protect the security of the Web Site, or as otherwise described in the Privacy Policy.

If you made it to the end of our Terms of Use, send us an email to say hi at support@hellobello.ca. You’re thorough and we’re impressed!