Welcome to the [Bello Treat] website [will this be separate for the app or one document? Modify accordingly][and mobile app]. The following Legal Terms and Conditions of Use are a legal contract between you and ____________, Inc., dba Bello Treat Delivery (“Bello Treat”), the owner of www.BelloTreatDelivery.com, and cover your use of the site, which includes all related sites, URL links, mobile apps, online stores, and online or electronic documentation (collectively, the “Site”). Please read these Legal Terms and Conditions of Use carefully before using the Site. Throughout this Agreement, Bello Treat and its affiliates are referred to as “we” or “us.” These Legal Terms and Conditions of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

[Discuss][Please note that Section __ below contains an exclusive arbitration clause [and a class action waiver/waiver of jury trial][Discuss – may not be available in every state.] By agreeing to these Legal Terms, you agree to resolve all disputes through binding individual arbitration, which means that you waive any right to participate in class actions or class arbitrations.]

Acceptance of Legal Terms and Conditions of Use. BY ACCESSING, USING, BROWSING, REGISTERING FOR USE OF THE SITE OR PURCHASING A PRODUCT FROM THE SITE, YOU ACCEPT AND AGREE TO BE BOUND BY THESE LEGAL TERMS AND CONDITIONS OF USE (SOMETIMES CALLED “THIS AGREEMENT”), INCLUDING THE WARRANTY DISCLAIMERS, LIMITATIONS OF LIABILITY, AND EXCLUSION OF DAMAGES PROVISIONS BELOW. IF YOU DO NOT AGREE TO SUCH LEGAL TERMS AND CONDITIONS, DO NOT USE THE SITE AND EXIT NOW. Bello Treat is not willing to do business on this Site on any terms or conditions other than these. By agreeing to this Agreement, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use this Site.

This Agreement constitutes the sole and entire agreement between us and you, and supersedes all other oral or written agreements, representations, warranties, or understandings with respect to the Site, the content, products, and services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended by us at any time from time to time without notice to you. The latest Agreement will be posted on the Site and shall become effective immediately upon posting. Your use of the Site following any amendment shall be deemed to be your unconditional acceptance of the amended Agreement.

The Site and any information provided on or through the Site is not targeted to users in any particular locality, nor is the Site intended to constitute, and you agree that it does not constitute, doing business in any jurisdiction or the solicitation of business anywhere by us or any of our respective parents, subsidiaries or affiliates, nor does the Site constitute any contacts with any jurisdiction outside the State of Georgia, USA.

Information on the Site. We use reasonable efforts to include accurate and up-to-date information on the Site. However, we make no warranties, representations, or assurances as to the accuracy or completeness of the information. Because we are under no obligation to update this Site, some of the information on the Site may not be current. We assume no liability or responsibility for any inaccuracies, errors, or omissions in the contents of the Site. Our store is hosted on ___________ Inc. [Discuss with Robyn] They provide us with the online e-commerce platform that allows us to sell our products and services to you.

Products. Bello Treat connects people around the world, both online and online, to make, sell, and buy unique baked goods. Bello Treat’s range of products includes ________________. These products will be described below collectively as “Products.” The details and the exact composition of these Products are found in the respective specifications. The products of Bello Treat are protected by copyright, trademark, and other intellectual property laws.

Certain products or services may be available exclusively online through the Site. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy (see below).

We have made every effort to display as accurately as possible the colors and images of our Products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our Products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products or services that we offer. All descriptions of Products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any Product at any time. Any offer for any Product or service made on this Site is void where prohibited. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

Account and Billing Information

1. You’ll need to create an account with Bello Treat to use our Site. Here are some rules about accounts with Bello Treat: You must be 18 years or older to use the Site. Minors under 18 and at least 13 years of age are only permitted to use our Site through an account owned by a parent or legal guardian with their appropriate permission and under their direct supervision. Children under 13 years are not permitted to use Bello Treat or this Site. You are responsible for any and all account activity conducted by a minor on your account, and there may be commercial products or services available that you may want to consider to limit a minor’s access to material online.

1. Please be honest with us. You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. You agree not to use false information or impersonate another person or company through your account.

1. Sellers should choose an appropriate name. If you decide to not have your full name serve as the name associated with your account, you may not use language that is offensive, vulgar, infringes someone’s intellectual property rights, or otherwise violates this Agreement.

1. You’re responsible for your account. You’re solely responsible for any activity on your account. If you are registered as a business entity, such as a corporation or an LLC, you personally guarantee and represent that you have authority to agreement to this Agreement on behalf of the entity. Accounts are not transferable to any other person, form or entity.

1. Please protect your password and keep it secure.

Formation of Contract. [Discuss the exact procedures here, review website steps, and revise]

The Site includes offers to form a purchase contract. When the customer places an order in the store, Bello Treat sends an automatically generated email that confirms the receipt of the order and the separately listed details of the purchase (order confirmation). The contract between the customer and Bello Treat is formed when Bello Treat accepts the offer of the customer by Bello Treat providing the ordered product by sending a download link. Depending on the selected payment method (see also the instructions for payment processing) this order confirmation can arrive at the same time as the above-mentioned order confirmation. In this case, the customer also receives a copy of these terms and conditions. The contract covers only the provision of these products for download and the granting of rights to use these products according to the license terms.

Purchase of Products.

The customer shall pay the specified prices valid at the time of the order on the Site. Coupons will only be deducted from the price when the corresponding promotional code was entered during the order process in the provided field. The customer is not entitled to retrieve payment of the value of the coupon or the difference to the price of a Product. Bello Treat reserves the right to block the account from further purchases or downloads of any customer who violates this Agreement.

Refund Policy. [Discuss what is practical]

Additional Prohibited Uses. In addition to other prohibitions as set forth in this Agreement, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, Federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Site, other websites, or the Internet. We reserve the right to terminate your use of the Site, without any prior notice to you, for violating any of the prohibited uses. The viewing, printing, purchase, or downloading of any content, graphics, documents or other information on the Site grants you only a limited, non-transferable, non-exclusive license to print a single copy (only) of any article, content, pictures, graphics or other materials appearing on the Site for your personal, non-commercial or non-profit educational use only, provided you keep intact all copyright, trademark and other proprietary notices. Otherwise, no portion of the Site (including text, images, audio and video) may be modified, copied, downloaded, transmitted, uploaded, posted, republished, distributed, displayed, reproduced, licensed or sold in any way (including for use with creative works or to sell or promote products or services) without Bello Treat’s prior written permission to any person, firm or entity, which may be withheld by Bello Treat in its sole discretion. Violation of this policy may result in infringement of intellectual property and contractual rights of ours or third parties which is prohibited by law and could result in substantial civil or criminal penalties. Your right to use the Site is non-transferable. Any password or right given to you to obtain information or documents is not transferable. By way of illustration, if you are a seller on the Site, it is your responsibility to obtain any permits or licenses that your shop requires, and to meet all applicable legal requirements for your business. This includes the sale and delivery of your products, such as age verification upon delivery, where required by law.

Transmittal of Information; E-mail. Any communication or material you transmit to the Site through electronic mail or otherwise, which is truly confidential information, including any data, questions, comments, suggestions, bids, project information, or the like, will be treated as confidential.  Please understand, however, that all information submitted on the Site might potentially be publicly accessible. We are not liable for protection of privacy of electronic mail or other information transferred through the Internet or any network provider that you may use.

You are responsible for making sure all information and materials that you originate or require are properly backed up, so you have ready access thereto in the event of loss, corruption or interruption.  You are responsible for maintaining the confidentiality and security of your account passwords and other information and are responsible for all activity that originates through your account.

Customer Responsibilities.  The customer is responsible for correct and complete input of its data which is necessary to complete the purchase of the Products and the use of the Products. Changes to this data need to be made if possible, immediately online by the customer otherwise Bello Treat needs to be notified by e-mail or in writing. The customer has to provide the technical requirements needed to run the offered download and to open, process and / or save the Products. The expenses of Internet access and connection while using the Web in particular during the download of the Products are borne solely by the customer. Passwords must not be disclosed to third parties and are protected against access by third parties. Passwords should be modified in regular intervals to help prevent unauthorized access. If there is reason to believe that an unauthorized person has gained knowledge of the password, the customer must change it immediately.

A valid customer address must be provided to order Products. Wrong or missing information on company address, company name, email address or incorrect postal addresses will be deemed a violation of the of this Agreement. Repeated use of different e-mail addresses to benefit from free coupons, credits and templates is prohibited and will constitute a violation of this Agreement.

Personal Information.  We know your personal information is important to you, so it is important to us.  Your submission of personal information through the Site is governed by our Privacy Policy, which describes how your information is collected, used and shared and can be accessed here [add link – does Robyn have a draft Privacy Policy? Anti-Discrimination Policy?]. By using our services, you’re also agreeing that we can process your information in the ways set out in the Privacy Policy. Both Bello Treat and the sellers on the Site process your personal information (for example, buyer’s name, email address, credit card numbers, and shipping address). If you are a seller on this Site and Bello Treat is sued because of something you did (or omitted to do) as a joint data controller or processor of personal information, you agree to defend and indemnify Bello Treat for the losses, liabilities, damages, claims, expenses or fees that Bello Treat incurs arising out of your act or omissions.

Copyrights. The entire contents of the Site are copyrighted as a collective work under United States and international copyright laws. You should assume that everything you see or read on the Site is protected by copyright unless otherwise stated and may only be used strictly in accordance with these Legal Terms and Conditions. We do not warrant or represent that your use of materials displayed on the Site will not infringe the rights of third parties not owned by or affiliated with Bello Treat.  Images on the Site are either the property of, or used with permission by, us. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Legal Terms and Conditions. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy or publicity or other applicable laws.

Trademarks. Bello Treat™, Bello Treat Delivery™ [others?] and other identified marks and logos displayed on the Site are our trademarks and servicemarks and may not be used in any way without our prior express written permission. Nothing contained on the Site shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any mark displayed on the Site without our prior express written permission or such third party that may own the mark displayed on the Site, as applicable.

Your Content. Content that you post using the Site is your content and we do not make any claim to it. Your content includes your name, profile picture, listing photos, listing descriptions, reviews, comments, videos, and usernames (collectively, “User Content”).

1. Responsibility for User Content. You are solely responsible for User Content. You represent and warrant that you have all necessary rights and authorizations to use the User Content and that you are not infringing or misappropriating or violating any third party’s rights by using or posting the User Content. By posting such content, you are granting Bello Treat a royalty-free, non-exclusive, irrevocable, perpetual, worldwide license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of the User Content on the Site and in other formats and channels, such as with our partners, third-party websites or other advertising mediums. For example, if you post a photo of your store or product, we will not own the copyright in the photo but we have the right to enhance the photo and display it to buyers in order to better promote and sell the Products.

1. If content that you own has been posted to the Site without your permission, please let us know. If Your Content is alleged or is found to violate or infringe another’s rights or is libelous, we reserve the right to take down or disable such content and we shall not be liable for doing so. You also agree not to post any content that is false or misleading or uses the Site in a fraudulent way.

Warranty Disclaimers. [What warranty will be given? Title?] You access the Site at your own risk. THE SITE AND ALL CONTENT, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED ON THE SITE ARE PROVIDED ON AN “AS IS, WHERE IS” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND ENDORSEMENTS OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF TITLE AND NON-INFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO THE SITE OR WITH RESPECT TO ANY INFORMATION, PRODUCT, MERCHANDISE OR MATERIAL PROVIDED ON OR THROUGH THE SITE. IN ADDITION, EXCEPT AS CONTAINED IN A SEPARATE WRITTEN AGREEMENT SIGNED BY US, WE MAKE NO WARRANTY WHATSOEVER THAT: (1) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, SECURE, TIMELY BASIS; (2) THE SITE WILL FIT YOUR REQUIREMENTS; (3) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY SERVICES OR PRODUCTS OFFERED THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; OR (4) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU FROM THE SITE WILL MEET YOUR EXPECTATIONS. ANY CONTENT, MATERIALS, INFORMATION OR PRODUCTS DOWNLOADED OR OTHERWISE OBTAINED THROUGH YOUR USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK. WE SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR PRODUCTS. WE CANNOT AND DO NOT WARRANT OR GUARANTEE THAT THE SITE WILL BE FREE FROM VIRUSES, WORMS, TROJAN HORSES OR OTHER CONTAMINATING OR DESTRUCTIVE ELEMENTS, AND WE DISCLAIM AND SHALL NOT BE RESPONSIBLE FOR ANY LIABILITIES, DAMAGES OR LOSSES YOU SUFFER FROM ANY VIRUSES, WORMS, TROJAN HORSES OR OTHER CONTAMINATING OR DESTRUCTIVE ELEMENTS. You assume the risk of loss of the information you supply to the Site. [Discuss if gift cards or coupons will be used]

Exclusion of Damages; Limitation of Liability. IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST SAVINGS, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, OR DATA OR ANY OTHER PECUNIARY LOSS, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT, TORT, OR OTHERWISE ARISING OUT OF OR RELATING TO YOUR USE OF OR ACCESS TO THE SITE OR YOUR INABILITY TO USE OR ACCESS THE SITE OR YOUR RELIANCE ON ANY INFORMATION PROVIDED ON THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR MAXIMUM LIABILITY TO YOU SHALL IN NO EVENT EXCEED THE AMOUNT OF THE FEES OR OTHER AMOUNTS YOU ACTUALLY PAID FOR ANY PRODUCTS, SERVICES OR INFORMATION FROM OR THROUGH YOUR USE OF THE SITE. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU, AND THIS SITE AND THE INFORMATION AND BENEFITS YOU RECEIVE FROM IT WOULD NOT BE PROVIDED WITHOUT THE FOREGOING LIMITATIONS OF LIABILITY AND EXCLUSIONS OF DAMAGES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR ANY THIRD PARTY THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY AND SPECIFICALLY STATED IN THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OF LIABILITY OR EXCLUSION OF DAMAGES PROVIDED ABOVE. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. Any claim or cause of action you have against us involving or relating to the Site (and any information, Products or services related thereto or your use thereof) must be commenced within one (1) year after the date such claim or cause of action arose or be forever waived and barred.

Indemnity. You agree to fully defend and indemnify and hold us and our parent, subsidiaries, and affiliates, and our successors, assigns, and licensees, together with their respective officers, directors, shareholders, members, and employees, harmless from and against any damages, losses, liabilities, claims, judgments, suits, actions, costs or expenses (including reasonable attorneys’ and experts’ fees and expenses incurred), arising out of or related to any claim by (or through) you or a third party relating to your use of the Site or any breach or violation by you of this Agreement or any other term or condition contained on the Site. We reserve the right to handle our legal defense even if you are indemnifying us and you agree to cooperate with us.

Remedies for Breach; Illegality. In the event we determine, in our sole and absolute discretion, that you have breached or violated any agreement, term or condition set forth in this Agreement or the Site, then, in addition to and not in lieu or limitation of any other right or remedy we may have, we may: advise you that you have violated this Agreement; delete or remove any communications or content furnished or posted by you to the Site; discontinue your registration and remove you as a registered member; block your access to the Site; notify and/or send communications or content to and cooperate with applicable law enforcement authorities; and/or take any other action we deem appropriate.

If you are located in any jurisdiction in the world where the common, statutory, regulatory or codified law of such jurisdiction would void this Agreement in whole or in any essential part (including the exclusive jurisdiction and venue, warranty disclaimers, limitations of liability and exclusion of damages provisions) or would make accessing the Site illegal, then you are not authorized to use the Site, and, if you do, you do so entirely at your own risk.

You agree to accept sole responsibility for any use of Internet facilities conducted or permitted by you; the conduct of any business, advertising, marketing or sales in connection therewith; and any negligent or illegal act or omission of you or your agents, contractors, servants, employees, or other users.

Governing Law; Exclusive Jurisdiction; Certain Definitions. These Legal Terms and Conditions of Use shall be treated as though they were executed and performed in the State of Georgia, USA, and shall be governed by, construed, and enforced in accordance with the laws of the State of Georgia, excluding such state’s principles of choice of law and conflicts of laws. All legal proceedings arising out of or in connection with this Agreement or your use of the Site shall be brought exclusively in the state or superior courts of Cobb County, Georgia or the Federal District Court for the Northern District of Georgia, Atlanta Division, located in Atlanta, Georgia, and you agree that venue is proper and convenient in such courts. You expressly and irrevocably submit to the exclusive personal jurisdiction of such courts and consent to extraterritorial service of process by regular mail or overnight courier. [Discuss use of arbitration and if Bello will have any dispute resolution system]

Third Party Tools and Links. Certain content, products, and services available via our Site may include materials from third parties. Third party links on this Site may direct you to third party websites that are not affiliated with us, such as Facebook, Instagram, and Pinterest. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

User Comments and Submissions.  If, at our request, you send certain specific submissions or entries, or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Submissions”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate or otherwise use in any medium any Submissions that you forward to us. We are and shall be under no obligation (1) to maintain any Submissions in confidence; (2) to pay compensation for any Submissions; or (3) to respond to any Submissions. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or this Agreement.

You agree that your Submissions will not violate any right of any third party, including copyright, trademark, privacy, or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Submissions. You are solely responsible for any Submissions you make and their accuracy. We take no responsibility and assume no liability for any Submissions posted by you or any third party.

Termination.

1. By You. We intend to keep you happy and using the Site but you may terminate your account with Bello Treat [at any time] from your account settings but will still be responsible to pay any outstanding bills and fulfill any outstanding orders.  [Discuss with Robyn]

1. By Us. We have the right to terminate or suspend your account (and any accounts we determine are related to your account) and your access to the Site if we determine or have reason to believe you have violated the terms of this Agreement or any other policy applicable to the Site. If we do so, your right to use the Site will also terminate. [Discuss notice; loss of information]

Modification; Miscellaneous. We may update this Agreement from time to time. Changes will become effective when posted unless otherwise provided. Your use of the Site following the posting of the changes constitutes your acceptance of such changes. [Discuss giving notice of the changes] Our failure to insist on or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade usage shall act to modify any provision of this Agreement. We may assign our rights or duties under this Agreement to any party at any time without notice to you. The provisions of this Agreement are severable, and in the event any provision hereof is determined to be invalid or enforceable by a court or other tribunal of competent jurisdiction, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions hereof which shall be enforced to the greatest extent permitted by law. To the extent that anything contained elsewhere in the Site is inconsistent with this Agreement, this Agreement shall take precedence over such other conflicting provision. “Including,” as used in this Agreement, means for illustration but without limitation.

Contacting Us. If you have any questions about these Legal Terms and Conditions of Use, the practices of this Site, or your dealings with this Site, please contact us at info@bello.com