4. Services and Products: With respect to any services offered to you by Nice and Bella, or any products that you purchase from or through Nice and Bella, you agree as follows:
a. Referrals. You agree that if you request that we connect you to a Nice and Bella Distributor or make a purchase through the Website and you do not have a Nice and Bella Distributor, we may provide your information to a Distributor near you. A Distributor may contact you using the contact information you provided to us.
b. Payment. You agree to pay for the purchases you agree to make through the Website. You agree that Nice and Bella may charge your selected payment method, such as a credit card, either directly or through the services of a third-party payment processor. If non-payment occurs due to a failed credit card transaction and is not remedied within 10 days after we send you notice of non-payment, then we may terminate the applicable purchase. You agree that we may provide you with such notice via phone or email in order to provide you with an opportunity to remedy the issue by providing us with replacement or updated payment method or information.
c. Third-Party Payment Processors. Nice and Bella currently uses third-party payment processors for electronic commerce. Our payment processors and the payment methods they accept may change without notice. Our third-party e-commerce payment processor accepts payments through methods detailed on the applicable payment screen, which may include various credit cards. By using such third-party payment processors, you agree to their terms and conditions of use. Such third parties may charge fees to process payments. We may pay certain fees at our sole discretion. Nice and Bella disclaims all liability with regards to any fees or problems you have with third-party payment processors.
d. Pre-Authorization. When you provide a credit card number to pay for a purchase, we, through our third-party payment processor, may seek pre-authorization of your credit card account prior to a purchase. This pre-authorization will verify the credit card is valid and/or has the necessary funds or credit available to cover your required payment. These pre-authorizations will reduce your available balance by the authorization amount until it is released or reconciled with the actual charge. Please contact your card issuer if you have additional questions regarding when an authorization amount will be removed from your statement.
e. Availability of Certain Forms of Payment. Nice and Bella makes no representations and warranties about the continued availability of any particular form of payment method made available through the Website in order to purchase products or services.
f. Products’ and Services’ Descriptions and Specifications. Nice and Bella attempts to be as accurate as possible when describing products and services on the Website. However, Nice and Bella does not warrant that product or service descriptions or specifications are accurate, complete, reliable, current, or error-free. If a product or service we offer through the Service does not match its description, your sole remedies are to stop using the Service and to return the product in unused condition. All descriptions and specifications are subject to change at any time without notice.
g. Pricing and Availability. The list prices displayed for products and services on the Website represent the full retail prices, excluding taxes and applicable fees, and are subject to change at any time without notice. Despite our best efforts, list and sale prices may be incorrect. We reserve the right to correct, at any time, any pricing errors. If a product or service's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. The availability of a product or service may change without notice.
h. Accepting an Order. We may limit the acceptance of orders to particular jurisdictions and as permitted by applicable law. While we try to confirm orders by email, your receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. The shipment of the products shall be the sole evidence of our acceptance of your order. We reserve the right, without prior notice, to limit the order quantity of any product or service and to refuse service to you. We also may verify information before we accept or ship any order.
i. Cancellation and Return Policy. If you purchase a product or service through the Website, you may be able to return your purchases according for exchange or refund according to the refund policy located here . If you have questions about either of these policies, contact your personal Nice and Bella Distributor or send an email to CustomerCare@NiceAndBella.com.
j. Risk of Shipping Loss. All items purchased from Nice and Bella are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the shipping carrier.
k. Promotions. We and third parties on our behalf may run promotions, including sweepstakes and contests. The specific rules and regulations governing promotions will vary, and your participation constitutes your agreement to abide by those rules and regulations.
5. Copyright: All information, materials, functions and other content (including Submissions as defined in Section 10 below) provided on this Site (collectively “Content”), such as text, graphics, images, etc., is our property or the property of our licensors and is protected by US and international copyright laws. The collection, arrangement and assembly of all content on this Site is our exclusive property and is protected by US and international copyright laws. Except as stated herein or as otherwise provided in an express authorization from us, no material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way. Any unauthorized use of any material contained in this Site is strictly prohibited.
6. Trademarks: Unless otherwise noted, the trademarks, service marks, trade dress, trade names, and logos (collectively “Trademarks”) used and displayed on this Site are our registered and unregistered Trademarks and the Trademarks of our licensors. Nothing on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Site. Our Trademarks and those of our licensors may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us.
8. Linking: Links to third party websites may be provided on this Site. If so, they are provided solely as a convenience to you. If you use such links, you will leave this Site. We have not reviewed all such third party sites (if any) and do not control and are not responsible for any of these websites and their content. We do not endorse or make any representations about such websites or any information or materials found there, or any results that may be obtained from using them. If you access any third party websites linked from this Site, you do so at your own risk. No hyperlinks to this Site are permitted without our prior written consent. If you would like to link to this Site from your website, please submit via email your request to link to this Site to CustomerCare@NiceAndBella.com. Unless you receive our express written consent, your request to link to this Site shall be deemed denied. Unless otherwise permitted in writing signed by an authorized representative of Nice and Bella, a website that links to this Site: • Shall not imply, either directly or indirectly, that Nice and Bella is endorsing its products; • Shall not use any of our Trademarks or the Trademarks of our licensors; • Shall not contain content or material that could be construed as offensive, controversial or distasteful and should only contain content that is appropriate for all age groups; • Shall not disparage us or our products in any way or otherwise negatively affect or harm our reputation and goodwill; • Shall not present false or misleading information about us or the Nice and Bella opportunity; • Shall not misrepresent any relationship with us; • Shall not replicate in any manner any content in the Site; and • Shall not create a browser or border environment around Site material.
9. Claim of Copyright Infringement: We respect the intellectual property rights of others. If you believe that your copyrighted property has been copied in any way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our copyright agent the information specified below. Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed. To be effective, the notification must be a written communication that includes the following: • A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest; • A description of the copyrighted work that you claim has been infringed upon; • A description of where the material that you claim is infringing is located on the Site; • Your physical address, telephone number and email address; • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or by the law; and • A statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. We may give you notice that we have removed or disabled access to certain material by means of a general notice on the Site, electronic mail to a user’s e-mail address in our records, or by written communication sent by first-class mail to your physical address in our records. If you receive such a notice, you may provide counter-notification in writing to our copyright agent that includes the information below. To be effective, the counter-notification must be a written communication that contains the following: • Your physical or electronic signature; • Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled; • A statement from you, under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and • Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which Nice and Bella may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person. Our Copyright Agent for notice of claims of copyright infringement on this Site can be reached as follows: By Mail: Nice and Bella Attn: Copyright Agent 1341 W. Mockingbird Lane, Suite 100E Dallas, Texas, 75247 By Email: copyright@NiceAndBella.com
12. Public Forums: “Public Forum” means an area or feature offered as part of this Site that offers the opportunity for users to distribute Submissions for viewing by one or more Site users, including, but not limited to, a chat area, message board, instant messaging, mobile messaging, social community environment, profile page, conversation page, blog, or e-mail function. You acknowledge that Public Forums and features offered therein are for public and not private communications, and you have no expectation of privacy with regard to any Submission to a Public Forum. We cannot guarantee the security of any information you disclose through any of these media; you make such disclosures at your own risk. You are and shall remain solely responsible for the Submissions you distribute on or through the Site under your username or otherwise by you in any Public Forum and for the consequences of submitting and posting the same. We have no duty to monitor any Public Forum. You should be skeptical about information provided by others, and you acknowledge that the use of any Submission posted in any Public Forum is at your own risk. We are not responsible for, and we do not endorse, the opinions, advice or recommendations posted or sent by users in any Public Forum and we specifically disclaim any and all liability in connection therewith. We owe you no obligation, and therefore may refuse to post, deliver, remove, modify or otherwise use or take any action with respect to any Submissions that you make to the Site.
13. Communications: You agree to receive email from us at the email address you provided to us for customer service related to any transactions that you enter into with us. We may send you email communications when you have opted to receive them. We may also send you special offers based on your selected interests. You may opt not to receive such promotional emails from us at any time by clicking on the unsubscribe link in each email. Consent for the sending of such commercial electronic messages will be sought by Nice and Bella located at the contact information set out below in these Terms. By using the Service or providing Personal Information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Website or any transaction that you enter into with us. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Website or sending an email to you. If we have your mailing address, we may also sned you notice by mail. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please write to us at CustomerCare@NiceAndBella.com.
16. International: The Site is intended for viewing and use in the United States. If this Site is viewed internationally, you are responsible for compliance with applicable local laws. We do not intend to provide our products or services outside the United States.
18. Children: Nice and Bella is committed to the safety of our children. Persons under the age of 18 may not enroll as Nice and Bella Distributors or register as customers. Children under the age of 13 may not purchase products through any of our Websites. Nice and Bella does not solicit or knowingly collect personally identifiable information from children under the age of 13.
19. Disclaimer of Warranties: ALL CONTENT INCLUDED IN OR AVAILABLE THROUGH THIS SITE (THE "CONTENT") IS PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATABILITY, AND NONINFRINGEMENT. WE DO NOT WARRANT THAT THE CONTENT IS ACCURATE, ERROR-FREE, RELIABLE OR CORRECT, THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIS SITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WE DO NOT WARRANT OR MAKE ANY REPRSENTAITONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTY SITES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION). WE MAY IMPROVE OR CHANGE THE PRODUCTS AND SERVICES DESCRIBED IN THIS SITE AT ANY TIME WITHOUT NOTICE. WE ASSUME NO RESPONSIBILITY FOR AND DISCLAIM ALL LIABILITY FOR ANY ERRORS OR OMISSIONS IN THIS SITE OR IN OTHER DOCUMENTS WHICH ARE REFERRED TO WITHIN OR LINKED TO THIS SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. The Site may contain the opinions and views of other users. Given the interactive nature of the Site, we cannot endorse, guarantee, or be responsible for the accuracy, efficacy, or veracity of any content generated by other users.
23. California Privacy Rights: Residents of the State of California, under the California Civil Code, have the right to request from companies conducting business in California a list of all third parties, if any, to which Nice and Bella has disclosed Personal Information during the preceding year for direct marketing purposes (e.g., requests made in 2016 will receive information about 2015 sharing activities). We comply with this law by offering our visitors the ability to tell us not to share your personal information with third parties for their direct marketing purposes. To make such a request, please write us at: Nice and Bella 1341 W. Mockingbird Lane, Suite 100E Dallas, Texas, 75247 You must include this Site as the subject line, and your full name, e-mail address, and postal address in your message. Please note that any request under this Paragraph will be limited to our use and disclosure of your personal information. You will need to make the same request of your Nice and Bella Independent Distributor if you would like to obtain information about any disclosure that he or she has made of your personal information.