Last Updated March 11, 2024
Acceptance of Terms of Use
By visiting, using, or browsing any web site or portal published by HelloBello.com (however accessed and/or used, whether via personal computers, mobile devices, or otherwise), any of its affiliates or subsidiaries (collectively, “Hello Bello”, “Us” or “We”), 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 and to our Privacy Policy, please do not use our services or visit our Web Sites. 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.com 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.
Additional terms may apply to your use of certain services or features available through the Web Site (“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 not to use the Web Site. If you continue to use the Web Site after we change these Terms of Use, you 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 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 and other laws in the U.S. and in other countries. You must comply with all such laws and applicable copyright, trademark or other legal notices or 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 will retain all right, title, and interest 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 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 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 this Terms of Use or otherwise expressly authorized by us in writing, you are strictly prohibited from modifying Content; creating, distributing or advertising an index of any significant portion of the Content; or otherwise creating derivative works or materials that otherwise are derived from or based in any way on the Content, 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.
Unsolicited Idea Submission Policy
As much as we appreciate sharing thoughts and inspiration, Hello Bello does not accept or consider unsolicited ideas for products, product improvements, product technologies, product names, marketing strategies, content, creative materials, etc. (“Submissions”). The purpose of this policy is to avoid potential misunderstandings or disputes when new products or content seem similar to submissions provided to us. Please do not send or provide any submissions in any form to Hello Bello or any of its employees or contractors.
If, after reviewing our policy, you still choose to send us a Submission, you agree that, (regardless of anything you say, write or record to the contrary), your Submission:
Thanks for your support of Hello Bello and for understanding our need for this policy.
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 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.
Copyright & Notification of Copyright Infringement
The copyright in all materials provided on the Web Site is owned by Hello Bello or its affiliate(s). Except as stated herein, none of the material contained in 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, noncommercial 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" 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 copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
If you believe that Content on the Web Site violates your copyright, please provide Hello Bello’s copyright agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) 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; (c) 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; (d) information reasonably sufficient to permit us to contact the complaining party; (e) 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 (f) 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 an exclusive 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:
Attn: Legal,
Hello Bello, Inc.
2101 Texas Central Pkwy
Waco, TX 76712
Email: [email protected]
Upon receipt of a notice of claimed infringement that satisfies these requirements (or any statement in conformance with 17 U.S.C. § 512(c)(3)), 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 the laws of the United States and will terminate the access privileges of those who repeatedly infringe on the copyrights of others. United States law imposes substantial penalties for falsely submitting a notice of copyright infringement.
Trademark
The trademarks, service marks and logos ("Trademarks") used and displayed on the Web Site are registered or unregistered Trademarks of Hello Bello. 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 and 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 Submissions
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, diaper fund etc.). The Web Site's practices governing your personal information are disclosed in its 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 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 site is subject to disclosure 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 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, fully sublicensable license to use, reproduce, 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 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 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 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.
Diaper Fund
Please note that any information or materials submitted to any Diaper Fund is governed by these terms and conditions including (but not limited to) this section and the section titled “User Account and Content Submissions”
Set-Up. Anyone may create a Diaper Fund on our site to help themselves or their friends or family (the ‘recipient”) fund the purchase of our diapers. Recipient may be a new or existing customer/subscriber. At sign-up, the creator will provide the name of the child, date of birth, and the goal of how much money is sought to be raised in the Diaper Fund. The creator can also choose to upload a profile picture. The Diaper Fund will be publicly available and users can share a link to this account. The account will show the child’s first name and last initial and their birthday (month/day). The Diaper Fund recipient can choose to upload photos or post updates in the Diaper Fund Account. The Diaper Fund recipient can view who contributed to the Diaper Fund Account.
REMEMBER THAT ANY CONTENT AND/OR MATERIALS SUBMITTED MAY BE RECORDED AND STORED IN MULTIPLE PLACES, BOTH ON OUR SITE AND ELSEWHERE ON THE INTERNET AND ARE LIKELY TO BE ACCESSIBLE FOR A LONG TIME. YOU HAVE NO CONTROL OVER WHO WILL EVENTUALLY SEE SUCH MATERIALS. BE CAREFUL AND SELECTIVE ABOUT THE PERSONAL INFORMATION THAT YOU DISCLOSE AND DO NOT DISCLOSE SENSITIVE, PROPRIETARY OR CONFIDENTIAL INFORMATION. YOU AGREE THAT ANY CONTENT YOU SUBMIT OR POST SHALL NOT BE TREATED AS CONFIDENTIAL AND HELLO BELLO SHALL HAVE NO OBLIGETION OR DUTY TO KEEP SUCH CONTENT CONFIDENTIAL.
Contributions. Anyone can make a contribution to a Diaper Fund. Contributions made to a Diaper Fund will be converted into a code for the recipient to use right away. The recipient can apply it towards a diaper bundle (or any other bundle). Contributions made to a Diaper Fund are non-refundable unless you have reasonable evidence that a Diaper Fund has been created falsely, fraudulently, and/or in violation of these Terms of Use. If you believe that you need to dispute a credit card charge for a contribution to a Diaper Fund Account, please contact us at
Removal of a Diaper Fund from our Database. If you are the authorized representative of a Diaper Fund and do not wish for your account to appear in the Diaper Fund searchable database, you may contact us at [email protected] to request that your Diaper Fund be removed from our database. Your email should include your full name, title, and an email address and phone number associated with your Diaper Fund. Please note that if your Diaper Fund is removed from the Diaper Fund database, it will not be eligible to receive contributions through the Diaper Fund platform.
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 assume responsibility for third parties’ actions or omissions and do not make any representations or warranties as to the completeness, accuracy, adequacy, currency or reliability 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 HELLO BELLO AND ITS PARTIES WILL NOT, 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, 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 the Hello Bello Parties.
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 the following, or assist others to do 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 (a) owned by you, (b) submitted with the express permission of the owner or within the scope of the license to such content, or (c) in the public domain.
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, 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 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 and rights of privacy and publicity.
We may take any of the following actions in our sole discretion at any time, and without giving you prior notice:
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 Website.
Hello Bello Bundles/Subscriptions
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 three (3) 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 48 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 [email protected]. 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.
On occasion, Hello Bello may offer a coupon promotion for your bundle/subscription. We hope you enjoy using these coupons; however, please note that each coupon promotion is limited to a one time redemption per household. Multiple redemptions per household will not be honored and are subject to these Terms of Use and your responsibilities regarding User Account and Content Submissions.
From time to time, the number of diapers in our bundle may change, which may also change the price per bundle/subscription. If we do make a price change to our bundle/subscription, we will provide you with prior notice by email of the new price structure. You can still cancel your bundle/subscription at any time following this notice by contacting us as noted above.
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 [email protected]. We accept returned items within 30 days of your delivery date.
Indemnification
To the fullest extent permitted by applicable law, you will defend, indemnify and hold harmless Hello Bello and its affiliates, 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 claims, actions, demands, costs (including attorney’s fees and costs), damages, investigations, settlements, judgments, losses, liabilities, taxes, and expenses or obligations of any kind, arising out of or in connection with your use or misuse of the Web Site and the Content (including, without limitation use of your account, and claims arising from User Content) or your breach of these Terms of Use. You will cooperate as fully and reasonably as reasonably required by 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 OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, ABOUT: (A) THE WEB SITE; (B) THE CONTENT AND SOFTWARE ON AND PROVIDED THROUGH THE WEB SITE (IN WHATEVER FORM OR MEDIA); (C) THE FUNCTIONS MADE ACCESSIBLE ON OR ACCESSED THROUGH THE WEB SITE; (D) THE MESSAGES AND INFORMATION SENT FROM THE WEB SITE BY USERS; (E) ANY PRODUCTS OR SERVICES OFFERED VIA THE WEB SITE OR HYPERTEXT LINKS TO THIRD PARTIES; AND/OR (F) SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEB SITE OR ANY LINKED SITE. HELLO BELLO DOES NOT WARRANT THAT THE WEB SITE, ANY OF THE WEB SITE'S FUNCTIONS OR ANY CONTENT CONTAINED THEREIN WILL BE ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE WEB SITE OR THE SERVERS THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THERE WILL NOT BE ANY FAILURES, INTERRUPTIONS, OR DELAYS IN THE DELIVERY OF ANY CONTENT CONTAINED IN THE WEB SITE. HELLO BELLO’S PARTIES SHALL HAVE NO LIABILITY FOR ANY SUCH ISSUES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY PARTIES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND AS TO QUALITY, AVAILABILITY AND SUBJECT MATTER OF CONTENT. THE WEB SITE, INCLUDING ALL CONTENT 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 ANY OF THE FEATURES OF THE WEB SITE, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE 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.
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, THE COMPANY PARTIES WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THE WEB SITE (INCLUDING ITS FUNCTIONS AND CONTENT), YOUR USE OF THE WEB SITE (INCLUDING ITS FUNCTIONS AND CONTENT); THE USE OF, INABILITY TO USE, OR PERFORMANCE OF THE WEB SITE; ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY HELLO BELLO REGARDING YOUR USE OF THE WEB SITE OR CONTENT; THESE TERMS OR YOUR USER CONTENT; OR 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’ LIABILITY FOR 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 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 AND ANY SIMILAR LAW OF ANY STATE 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 the State of California, except California’s conflict of law rules. 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 the state and federal courts in Los Angeles, California. Notwithstanding any other provision of these Terms of Use, (a) Hello Bello may seek injunctive or other equitable relief from any court of competent jurisdiction and (b) nothing herein will restrain a California 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 ninety (90) 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 (i) to resolve such Claim exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS; (ii) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (iii) the arbitration shall be held in Los Angeles, California; (iv) the arbitrator’s decision shall be controlled by these Terms of Use and any of the other agreements and policies referenced herein; (v) the arbitrator shall apply California law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (vi) 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; (vii) the arbitrator shall not have the power to award punitive, consequential, indirect, or incidental damages against the you or any Company Parties and recovery shall be limited to monetary damages actually suffered; and (viii) with the exception of subpart (vi) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, 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, however, subpart (vi) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor any Company Parties shall be entitled to arbitrate their dispute. For more information on JAMS and/or the rules of JAMS, visit their website at www.jamsadr.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 (1) be sent by certified mail; (2) be addressed to: Hello Bello Inc. Attn: Legal, 2101 Texas Central Pkwy
Waco, TX 76712 (2) describe the nature of your Claim; and (3) 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 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. 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 [email protected]. You’re thorough and we’re impressed!
Hello Bello Messaging Terms & Conditions
UNDER THESE TERMS & CONDITIONS YOU ARE AGREEING TO BINDING ARBITRATION AND A CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.
Hello Bello (hereinafter, "Hello Bello," "We," "Us," "Our") is offering a mobile messaging program (the "Program"), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Messaging Privacy Policy. By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the "Dispute Resolution" section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts (including those in the "Other Terms and Policies" section below). Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program.
- Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
- Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
- Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
- Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
- Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act ("HIPAA") or the Health Information Technology for Economic and Clinical Health Act ("HITEC" Act); and
- Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
PLEASE READ THIS ENTIRE SECTION CAREFULLY, AS YOU ARE WAIVING CERTAIN LEGAL RIGHTS IN THE EVENT OF ANY DISPUTE WITH US AND ARE AGREEING TO BINDING ARBITRATION, AMONG OTHER THINGS.
For U.S. residents, the FAA, not state law, shall govern the arbitrability of all disputes between Hello Bello, Stodge Inc. d/b/a Postscript and you regarding these Terms and the Service, including the “No Class Action Matters” Section below. BY AGREEING TO ARBITRATE, EACH PARTY IS GIVING UP ITS RIGHT TO GO TO COURT AND HAVE ANY DISPUTE HEARD BY A JUDGE OR JURY. Hello Bello, Stodge Inc. dba Postscript, and you agree, however, that the applicable state, or federal law, as contemplated in Section (J) below, shall apply to and govern, as appropriate, any and all claims or causes of action, remedies, and damages arising between you and Hello Bello and/or Stodge Inc. dba Postscript regarding these Terms and the Service, whether arising or stated in contract, statute, common law, or any other legal theory, without regard to any jurisdiction’s choice of law principles. An Excluded Dispute will only be subject to binding arbitration pursuant to this Section if the parties mutually agree.
Any Dispute will be resolved solely by binding arbitration in accordance with the then-current: (i) Consumer Arbitration Rules of the American Arbitration Association (“AAA”) then in effect since the matter involves a “consumer” agreement as defined by Consumer Arbitration Rule R-1; and if such Consumer Arbitration Rules do not apply then: (ii) the Commercial Arbitration Rules (collectively, “Rules”) of the AAA, except as modified herein, and the arbitration will be administered by the AAA. If a party properly submits the Dispute to the AAA for formal arbitration and the AAA is unwilling to set a hearing, then either party can elect to have the arbitration administered by the Judicial Arbitration and Mediation Services Inc. (“JAMS”) using JAMS’ streamlined Arbitration Rules and Procedures, or by any other arbitration administration service that you and an officer or legal representative of Hello Bello and/or Stodge Inc. dba Postscript consent to in writing.
Further, except where arbitration is required above or with respect to the enforcement of any arbitration decision or award, any action or proceeding relating to any Dispute or Excluded Dispute arising hereunder against Stodge Inc. d/b/a Postscript may only be instituted in state or Federal court in Waco, TX. Accordingly, you and Stodge Inc. d/b/a Postscript consent to the exclusive personal jurisdiction and venue of such courts for such matters.
Florida: We endeavor to comply with the Florida Telemarketing Act and the Florida Do Not Call Act as applicable to Florida residents. For purposes of compliance, you agree that we may assume that you are a Florida resident if, at the time of opt-in to Program, (1) your shipping address, as provided is located in Florida or (2) the area code for the phone number used to opt-into the Program is a Florida area code. You agree that the requirements of the Florida Telemarketing Act and the Florida Do Not Call Act do not apply to you, and you shall not assert that you are a Florida resident, if you do not meet either of these criteria or, in the alternative, do not affirmatively advise us in writing that you are a Florida resident by sending written notice to us. Insofar as you are a Florida resident, you agree that mobile messages sent by Us as part of this text program and/or in direct response to mobile messages or requests from You (including but are not limited to response to Keywords, opt-in, help or stop requests and shipping notifications) shall not constitute a “telephonic sales call” or “commercial telephone solicitation phone call” for purposes of Florida Statutes Section 501 (including but not limited to sections 501.059 and 501.616), to the extent the law is otherwise relevant and applicable.
Washington: To the extent the law is relevant and applicable to the Program, we endeavor to comply with the commercial telephone solicitation requirements pursuant to the Revised Code of Washington (RCW) (including but not limited to sections 80.36.390, 19.158.040, 19.158.110 and 19.158) as applicable to Washington residents. For purposes of compliance, you agree that we may assume that you are a Washington resident if, at the time of opt-in to the Program, the area code for the phone number used to opt-into the Program is a Washington area code. You agree that you shall not assert that you are a Washington resident if you do not meet this criteria or, in the alternative, do not affirmatively advise us in writing that you are a Washington resident by sending written notice to us.
Oklahoma: We endeavor to comply with the Oklahoma Telephone Solicitation Act of 2022 as applicable to Oklahoma residents. For purposes of compliance, you agree that we may assume that you are an Oklahoma resident if, at the time of opt-in to Program, the area code for the phone number used to opt-into the Program is an Oklahoma area code. You agree that the requirements of the Oklahoma Telephone Solicitation Act do not apply to you, and you shall not assert that you are an Oklahoma resident, if you do not meet the criteria or, in the alternative, do not affirmatively advise us in writing that you are an Oklahoma resident by sending written notice to Us. Insofar as you are an Oklahoma resident, you agree that mobile messages sent by Us in direct response to mobile messages or requests from You (including but are not limited to response to Keywords, opt-in, help or stop requests and shipping notifications) shall not constitute a “telephonic sales call” or “commercial telephone solicitation phone call” for purposes of Oklahoma Statutes Title 15 (including but not limited to sections 775C.1, 775C.2, 775C.3, 775C.4 and 775C.5), to the extent the law is otherwise relevant and applicable.
These Terms & Conditions are effective 07/01/2023