BLVN.™ Terms of Service
TERMS OF SERVICE
Effective Date: July 8, 2022
By accessing or using bileven. com, or any other website authorized to link to this Agreement (" Website "), by registering an account or by accessing or using any content, information, services, features or resources available or enabled through the Website (collectively, the " Services "), or by clicking a button or taking other action to signify your acceptance of this Agreement, you (1) agree to be bound by this Agreement and any future amendments and additions to it that are posted through the Services; (2) you represent that you are of legal age in your jurisdiction of residence to enter into a binding contract; and (3) you represent that you have the authority to enter into this Agreement personally and, if applicable, on behalf of any company, organization or other legal entity on whose behalf you use the Services. Except as otherwise provided, if you do not agree to be bound by this Agreement, you may not access or use the Services.
Your use of the Services is also subject to additional terms, conditions, and policies that we post separately on the Services (" Supplemental Terms ") and which are incorporated by reference into this Agreement. To the extent there is any conflict between this Agreement and the Supplemental Terms, the Supplemental Terms will control with respect to the subject matter of such agreement.
BILEVEN reserves the right to modify this Agreement or its policies related to the Services at any time, with effect from the publication of an updated version of this Agreement or the Supplementary Conditions applicable in the corresponding Services. You should regularly review this Agreement, as your continued use of the Services after any changes constitutes your acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
Registration of your account. To access certain features of the Services, you may be required to become a Registered User. For the purposes of the Agreement, a " Registered User " is a User who has registered an account on the Website (" Account ") or has a valid account on the social networking services (" SNS ") through which the User You have logged in to the Website (each such account, a " Third Party Account ").
- Access through an SNS. If you access the Services through an SNS as part of the functionality of the Website, you may link your Account with Third Party Accounts, allowing BILEVEN to access your Third Party Account, as permitted in the terms and conditions. rules governing your use of each Third Party Account. You declare that you have the right to disclose to BILEVEN the access data to your Third Party Account and/or to grant BILEVEN access to your Third Party Account (including, without limitation, its use for the purposes described in this document) without breaching any of the terms and conditions that govern your use of the corresponding Third Party Account and without obligating BILEVEN to pay any fee or subjecting BILEVEN to any limitation of use imposed by such third party service providers. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND RAD DISCLAIMS ANY LIABILITY FOR INFORMATION FROM PERSONAL IDENTIFICATION THAT MAY BE PROVIDED TO YOU BY SUCH THIRD PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS YOU HAVE ESTABLISHED IN SUCH THIRD PARTY ACCOUNTS.
- Registration data. By registering an account on the Website, you agree to provide only true, accurate, current and complete information requested in the registration form (the " Registration Data ") and to promptly update the Registration Data thereafter. , as necessary. You represent that you are not prohibited from using the Services under any applicable law and that you will be responsible for all activities that occur under your Account. You agree to monitor your Account to restrict its use by minors and other unauthorized users and you agree not to share your Account or password with anyone. Likewise, you agree to immediately notify BILEVEN of any unauthorized use of your password or any other violation of the security of your Account and to exit your Account at the end of each session. You agree not to create an Account using a false identity or alias or if you have previously been prohibited from using any of the Services. Likewise, it undertakes not to maintain more than one Account for the same BILEVEN service at any given time. BILEVEN reserves the right to remove or reclaim any username at any time and for any reason. You acknowledge and agree that you have no ownership or other interest in your Account and that all rights in your Account are owned by and inure to the benefit of BILEVEN .
2. ORDER PROCESS.
- Acceptance of the order. Each part of any order you submit to BILEVEN constitutes an offer to purchase. If you do not receive a message from BILEVEN confirming receipt of your order, please contact our customer service at firstname.lastname@example.org before re-entering your order. Confirmation of receipt of your order by BILEVEN does not constitute acceptance of your order by BILEVEN . BILEVEN will only be deemed to have accepted your order once the products you have ordered have been shipped (each, a "Product ").
- Problems with the orders. Although we strive to accept all valid orders, BILEVEN reserves the right to reject any order for any reason, including if (i) we discover an error in the price and/or other information about the Product or receive insufficient or erroneous information about the billing, payment and/or shipping, (ii) we suspect that an order has been placed using stolen payment card information or that in any way appears to be related to fraud, or (iii) the Product ordered is not available due to interruption or other reason. We may also reject any order that is related to a prior payment dispute.
- Cancellation of the order. If any Product is discontinued or unavailable, BILEVEN reserves the right to cancel your order and refund the amount paid for the Product.
If you wish to return any Product, please contact us at email@example.com within thirty (30) days of your order, quoting your original order number.
To protect the intellectual property rights of BILEVEN and its licensors and suppliers, the resale of the Products for personal and/or commercial benefit is strictly prohibited. BILEVEN reserves the right to reject any order that we consider to have resale characteristics.
3. RATES AND PURCHASE CONDITIONS.
- You agree to pay for all orders placed from your Account in accordance with the prices and billing terms in effect at the time you place an order from your Account. You also agree to pay all applicable taxes. In order to place an order through the Services, you must provide valid payment information. By providing your payment information, you agree that BILEVEN is authorized to immediately bill your Account for all fees and charges due and payable to BILEVEN hereunder and that no further notice or consent is required. You agree to immediately notify BILEVEN of any changes to your billing address, debit card, credit card, PayPal account information, or other relevant payment account information. By using the Services, you consent and authorize BILEVEN to share any information and payment instructions you provide to complete your transactions. You agree to immediately notify BILEVEN of any change in your payment information by updating said information in your Account. BILEVEN reserves the right to modify its prices and billing methods at any time. Please contact firstname.lastname@example.org regarding any billing disputes.
- Discounts and promotional codes. We may, at our sole discretion, create discounts and promotional codes that may be redeemed for credit to your Account, or other features or benefits, subject to any additional terms we establish based on each promotional code ("Promotional Codes"). Promotional Codes can only be used once per person. Only Promotional Codes sent through the official BILEVEN communication channels are valid. You agree that Promotional Codes (i) must be used for the intended public and purpose, and in a legal manner; (ii) may not be duplicated, sold or transferred in any way, or made available to the general public (whether posted in a public forum or otherwise), unless expressly permitted by us; (iii) may be disabled by us at any time for any reason without liability to us; (iv) may only be used in accordance with the specific terms we set out for such Promo Code; (v) are not redeemable for cash; and (vi) may expire before use.
4. FEEDBACK . You agree that sending any ideas, suggestions, documents and/or proposals to BILEVEN ("Feedback") is at your own risk and that BILEVEN has no obligation with respect to such Feedback. You represent and warrant that you have all necessary rights to submit the Feedback. You hereby grant RAD the right to use the Feedback in any manner and at any time without any further approval or compensation.
The ratings and reviews published by users on our services are not endorsed by BILEVEN and do not represent the opinion of BILEVEN. BILEVEN assumes no responsibility for ratings and reviews or for claims for economic losses resulting from such ratings and reviews. Because we expect Users to maintain a high level of integrity with respect to ratings and reviews posted through the Services, you agree to (i) base any rating or review you post solely on your first-hand experience with the institution, business , product or service concerned; (ii) you will not provide a rating or review for any institution, company, product or service with which you have a competitive, ownership or other economic interest or employment relationship; (iii) you will not submit a rating or review in exchange for payment or other benefits from any person or entity; and (iv) your review will comply with the terms of this Agreement. If we determine, in our sole discretion, that any rating or review would diminish the integrity of the ratings and reviews, we may exclude such rating or review without notice.
5. OWNERSHIP AND LICENSE TO USE THE SERVICES.
Use of the Services. Except for User Content, BILEVEN and its providers own all right, title, and interest in and to the Services. The Services are protected by copyright and other intellectual property laws throughout the world. Subject to this Agreement, BILEVEN grants you a limited license to use the Services solely for your personal, non-commercial purposes. Any future releases, updates, or other additions to the Services will be subject to this Agreement. BILEVEN , its suppliers and service providers reserve all rights not granted in this Agreement.
The BILEVEN name and other related graphics, logos, trademarks, service marks and trade names used on or in connection with the Services are the property of BILEVEN and may not be used without our written permission in connection with third-party products or services. . Other trademarks, service marks, and trade names that may appear on the Services are the property of their respective owners. You will not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated into or accompanying the Services.
6. RESTRICTIONS ON USE OF THE SERVICES. The rights granted to you in this Agreement are subject to the following restrictions: (a) you may not license, sell, rent, lease, transfer, assign, reproduce, distribute, host, or otherwise commercially exploit the Services or any part thereof; (b) you may not frame or use framing techniques to enclose any trademark, service mark, logo or Services (including images, text, page layout or shape) of BILEVEN ; (c) you will not use any meta tags or other "hidden text" utilizing BILEVEN's name, service marks, page layout or form; (d) you will not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile, or reverse engineer any part of the Services, except to the extent the foregoing restrictions are expressly prohibited by applicable law ; (e) you will not use any manual or automated software, device or other process (including, without limitation, spiders, robots, scrapers, crawlers, avatars, data extraction tools or the like) to "scrape" or download data from the Services (except that we grant public search engine operators revocable permission to use spiders that copy materials from the Website for the sole purpose of creating searchable indexes of publicly available materials, but not caches or archives of such materials); (f) you will not access the Services to create a similar or competitive website, application or service; (g) except as expressly provided herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; (h) you will not remove or destroy any copyright notices or other proprietary markings contained in the Services; (i) you will not interfere or attempt to interfere with the proper working of the Services or use the Services in any manner not expressly permitted by this Agreement and (j) you will not attempt to harm our Services, including, but not limited to, the violating or attempted violating any related security features, introducing viruses, worms, or similar harmful code into the Services, or interfering or attempting to interfere with the use of the Services by any other user, host, or network, including by overloading, "flooding", "spamming", "mail bombing" or "crashing" of the Services. Any unauthorized use of the Services terminates the licenses granted by BILEVEN under this Agreement.
7. THIRD PARTY LINKS. The Services may contain links to third party services, such as third party websites ("Third Party Websites"). When you click on such a link, we will not notify you that you have left the Services. BILEVEN does not control nor is it responsible for third party websites. BILEVEN provides these Third Party Websites only as a convenience and does not review, approve, monitor, endorse, guarantee or make any representations with respect to them, or any content, products or services accessible through such links. Your use of all third party websites is at your own risk.
8. INDEMNIFICATION: To the fullest extent permitted by law, you agree to indemnify and hold harmless BILEVEN , its parent companies, subsidiaries and affiliates, as well as the officers, directors, employees, agents, representatives, partners and licensors of each one of them (collectively, the " BILEVEN Indemnitees" ) from any damages, losses, costs, liabilities and expenses (including reasonable attorneys' fees) related to, or arising from, any claim related to: (a) the use misuse of the Services by you; (b) your breach of this Agreement; or (c) the violation of any applicable law, rule or regulation. BILEVEN reserves the right, at its expense, to assume the exclusive defense and control of any matter that is subject to indemnification by you, in which event you will fully cooperate with BILEVEN in asserting any available defenses. This provision does not oblige you to indemnify any of the BILEVEN Indemnities for any unfair commercial practice of said party or for the negligence, fraud, deceit, false promise, misrepresentation or concealment, suppression or omission of any material fact. of said part. You agree that the provisions of this section will survive any termination of your Account, this Agreement, or your access to the Services.
9. DISCLAIMER OF WARRANTIES AND CONDITIONS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SERVICES AND ANY PRODUCTS OFFERED THROUGH THE SERVICES IS AT YOUR SOLE RISK, AND THAT THE SERVICES AND ANY PRODUCTS THEY ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, RAD INDEMNIFIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT ARISING OUT OF THE PRODUCTS AND SERVICES.
DESCRIPTIONS, IMAGES, REFERENCES, FEATURES, CONTENT, SPECIFICATIONS, PRODUCTS, PRICES AND AVAILABILITY OF ANY PRODUCT ARE SUBJECT TO CHANGE WITHOUT NOTICE. OUR CURRENT PRICES CAN BE FOUND IN THE SERVICES. WE MAKE REASONABLE EFFORTS TO ACCURATELY DISPLAY THE ATTRIBUTES OF OUR PRODUCTS, INCLUDING APPLICABLE COLORS; HOWEVER, THE ACTUAL COLOR YOU SEE WILL DEPEND ON YOUR COMPUTER SYSTEM, AND WE CANNOT GUARANTEE THAT YOUR COMPUTER WILL ACCURATELY DISPLAY SUCH COLORS. THE INCLUSION OF ANY PRODUCTS ON THE SERVICES AT A PARTICULAR TIME DOES NOT IMPLY OR WARRANT THAT THESE PRODUCTS WILL BE AVAILABLE AT ANY TIME.
SOME STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.