Terms and Conditions
THREE ONIONS, LLC – Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS AND CONTAINS A DISPUTE RESOLUTION CLAUSE. BY UTILIZING WWW.BELISAN.COM, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
THREE ONIONS, LLC (“Belisan”) offers a unique combination of nutritional supplemental and vitamin formulas, blends and systems (“Belisan Products”). This website gives you (“Belisan User”, “You” or “Your”), among other things, the ability to purchase various Belisan Products directly from Belisan and submit certain content on woocommerce-24215-52039-141625.cloudwaysapps.com (“Belisan Website”). Belisan periodically updates features and adds new ones depending on market conditions and other factors.
These Terms and Conditions relate to the use of the Belisan Website and the Belisan Products. By accessing the Belisan Website and/or purchasing the Belisan Products, You agree to be bound by these Terms and Conditions. In the event that Belisan updates these Terms and Conditions, your use of the Belisan Website/Belisan Products following the update shall be deemed as your acceptance of, and You will be bound by, the updated Terms and Conditions. The latest version of these Terms and Conditions will be posted online at woocommerce-24215-52039-141625.cloudwaysapps.com.
- Content Ownership. You understand that all listings, messages, text, files, images, photos, video, audio or other materials (“Content”) posted on, transmitted through, or linked from the Belisan Website are the sole responsibility of the person or organization from whom such Content originated. You also understand that Belisan does not control and is not responsible for Content made available through the Belisan Website, and that by using the Belisan Website, you may be exposed to content that is offensive, indecent, inaccurate, misleading or otherwise objectionable. Furthermore, the Belisan Website and Content made available through the Belisan Website may contain links to other web sites that are completely independent of Belisan. Belisan makes no representation or warranty as the accuracy, completeness or authenticity of the information contained on such web site. Under no circumstances will Belisan be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, linked or otherwise made available via the Belisan Website. You understand and agree that any uploading or posting will be at your sole risk and Belisan Website shall not be responsible to you in any way. Further, Belisan Website does not provide any warranty as to your use of third-party content or software that you obtain from the Belisan Website. You are also fully responsible for any Content you post on the Belisan Website and to the consequences of any such Content. Although Belisan does not claim ownership of Content that its users post, by posting Content to the Belisan Website, you automatically grant, and you represent and warrant that you have the right to grant, to Belisan an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform, display and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses through multiple tiers of the foregoing. You also understand and agree that Belisan, in its sole discretion, may delete any Content for any reason.
- Intellectual Property. Title to the intellectual property rights owned or otherwise utilized by Belisan and/or Belisan’s affiliated entities, including, but not limited to its patents, patent applications, processes, registered and common law trademarks, service marks, trade names, trade dress, symbols, slogans, emblems, logos, insignias, copyrights, trade secrets and combinations of the foregoing will always remain the property of Belisan. All of the information contained in the Belisan Website is the property of Belisan and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws.
- Belisan User Representations. By utilizing the Belisan Website You hereby represent, acknowledge and agree that:
(i) You will not modify, rent, release, lend, sublicense or otherwise redistribute the Belisan Products, in whole or in part, to any other person or entity;
(ii) You will not create or permit others to create, by reverse engineering or otherwise, products or services similar to those offered by Belisan or any part thereof;
(iii) The Belisan Website will be used in compliance with the CAN-SPAM Act of 2003, will only be used for lawful purposes and You will not violate any law, statute, ordinance or regulation (including without limitation the laws and regulations governing export control, unfair competition, antidiscrimination or false advertising) in connection with the Belisan Products;
(iv) While utilizing the Belisan Websites, you will not send any content or any other text, pictures, sound, graphics, video and other data or any other materials that are listed in the Prohibited Content section of these Terms and Conditions;
(v) You will not interfere with or disrupt the Belisan Website, Belisan’s servers or Belisan’s networks connected to the Belisan Website or any other website connected with your use of the Belisan Products; and
Prohibited Content upon Submission. The Belisan Website may not be used in connection with any person and/or organization that:
(i) Promotes any products/services in connection with illegal goods; illegal drugs; illegal drug contraband; drug paraphernalia; pornography or illicitly sexual services; escort services; dating services; pirated computer programs; illegal firearms; instructions on how to assemble or otherwise make bombs, grenades or other weapons; gambling; and/or promoting violence of any kind;
(ii) Utilizes any material that exploits children, or otherwise exploits children under 18 years of age;
(iii) Utilizes any material that infringes on the intellectual property rights of any third party or any rights of publicity or privacy;
(iv) Utilizes any material that is defamatory, trade libelous, unlawfully threatening or unlawfully harassing, grossly offensive, including blatant expressions of bigotry, prejudice, racism, hatred or excessive profanity or post any obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable content; and
(v) Utilizes any material that contains any viruses, Trojan horses, worms, trap doors, back doors, Easter eggs, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
- Product Delivery/Return Policy. All Belisan Products are delivered through a shipment contract. The risk of loss for any Belisan Products passes to You upon delivery to the carrier. You are responsible to file any claims directly with the carrier in the event the Belisan Products are lost, stolen or damaged. We will use the shipping address you provide upon your order. You may return all unopened and originally sealed Belisan Product within thirty (30) days of your purchase for any reason. We will not accept any returns for opened Belisan Products or in the event the seal has been broken for any reason. We will only provide a refund after our receipt and inspection of the returned Belisan Product(s). If, in our sole discretion, we determine that the Belisan Product has been opened, unsealed or in any way tampered with, we will not issue a refund. For purposes of these Terms and Conditions, the date of your purchase shall be deemed the date we ship the product. We will not reimburse you for any shipping costs for shipping the product to you or for the return of the product.
- Consult with a Physician. Any information on the Belisan Website is for informational purposes only. In no way shall the information contained on the Belisan Website be deemed a substitute for obtaining a physician’s advice on a particular issue and should not be considered medical advice in diagnosing or treating a health-related issue or disease. The Belisan Website does not recommend self-management and/or self-diagnosis relating to any particular disease or treatment. Never disregard or delay medical advise based upon the information you receive from the Belisan Website. You should consult with a physician about interactions with Belisan Products and any other medication. The products sold through and claims made on the Belisan Website have not been evaluated by the United States Food and Drug Administration and are not approved to diagnose, treat, cure or prevent disease. Always check the product label and packaging prior to use. Belisan does not warrant the truth or accuracy of any information provided on the Belisan Website by any third party, including product reviews, or on any third party links located on the Belisan Website.
- Usernames and Passwords. You will be responsible for any and all transactions that take place by a user who gains access to the Belisan Website and acts on your behalf utilizing Your user name and password. Belisan will accept the instructions of any individual who claims to be authorized to direct changes to Your account if that individual presents Your username and password or provides other accurate account information acceptable to Belisan, in its sole discretion. Belisan will not be responsible for the actions of any individuals who wrongfully gain access to your customer information utilizing your username and password or who otherwise wrongfully gain access to your account. In the event You become aware of any unauthorized use of Your account, You agree to notify Belisan immediately.
- Belipoints Rewards. We will provide you with certain “Belipoints”, which can be used to purchase additional Belisan products from the Belisan Website. For each $1.00 (U.S.) you spend purchasing Belisan Products, you will receive 1 Belipoint. For every 100 Belipoints you attain, you will be entitled to receive $1.00 (U.S.) off any (excluding tax) future Belisan Product purchases from the Belisan Website only. You must be at least 18 years of age to be eligible for the Belipoints program. Belipoints are redeemable for Belisan Product purchases from the Belisan Website only and may not be redeemed for cash. Any Belisan Products received as a result of Belipoints redemption may only be exchanged for a refund of the applicable Belipoints redeemed for such item (not cash or credit). The Belipoints program may be terminated, canceled, changed, suspended or modified in Belisan’s sole and absolute discretion. Belisan may terminate, cancel, change, suspend or modify your participation in the Belipoints reward program in the event you breach any of the covenants of these Terms and Conditions. Any decision made by Belisan shall be final and binding on all parties. You can review your Belipoints balance by logging in to your Belisan account.
- Termination. We may terminate You and your access to the Belisan Website for any or no reason.
- Indemnification. You hereby agree to indemnify Belisan, and its members, shareholders, officers, directors, employees, business partners, third-party suppliers and providers, licensors, distributors and agents and hold them harmless from and against any and all liabilities, claims, losses, damages, costs and expenses (including reasonable attorneys’ fees) incurred by Belisan as a result of any claim made by a third party arising out of your use of the Belisan Website, in connection with the Belisan Products, your violation of these Terms and Conditions and violation of any rights of a third party. You shall defend at Your sole expense any such action and shall pay any costs, damages, settlement awards and attorneys’ fees finally awarded against Belisan in such action which are directly attributable to such claim. By utilizing the Belisan Products, You hereby grant to Belisan a non-exclusive royalty-free, worldwide license to reproduce, distribute, store, transmit, publicly perform, publicly display, digitally perform, reproduce, and otherwise use the content You provide to Belisan in connection with the Belisan Products.
- Warranty. Belisan does not warrant that the operation of the Belisan Website will be uninterrupted or error-free, or that the Belisan Website will be immune from fraudulent intrusion and/or unauthorized use or disclosure. Belisan does not make any claims or warranties as to the results that may be obtained from utilizing the Belisan Products. You assume all responsibility for assuring the proper and lawful use of the Belisan Website and Belisan Products and all liability for any improper or unlawful use of the Belisan Products and Belisan Website. You assume all liability, which may arise in connection with any person or entity’s use of the Belisan Products and Belisan Website. EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS AND CONDITIONS, BELISAN OFFERS THE BELISAN PRODUCTS AND THE BELISAN WEBSITE “AS IS” WITH NO WARRANTIES OF ANY KIND. BELISAN SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE LIMITATIONS SET FORTH HEREIN ARE INTENDED TO LIMIT THE LIABILITY OF BELISAN AND WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
- Limitations of Liability. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, NOTWITHSTANDING ANY PROVISION IN THESE TERMS AND CONDITIONS: (i) NEITHER BELISAN, ITS MEMBERS, SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, BUSINESS PARTNERS, SUPPLIERS, PROVIDERS, LICENSORS, DISTRIBUTORS AND/OR AGENTS WILL, UNDER ANY CIRCUMSTANCES, BE LIABLE FOR ANY OF THE FOLLOWING: SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, AND/OR CONSEQUENTIAL DAMAGES OF ANY KIND; LOST PROFITS OR DAMAGES RELATED TO THE PROCUREMENT OF SUBSTITUTE GOODS/SERVICES, FOR LOSS OF DATA OR RELEASE OF ANY DATA TO THIRD PARTIES; OR ANY OTHER DAMAGE TO INTANGIBLE PERSONAL PROPERTY, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT OR ANY OTHER LEGAL THEORY, EVEN IF BELISAN, ITS SUPPLIERS OR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (ii) BELISAN’S TOTAL LIABILITY TO YOU ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS WILL BE LIMITED TO AND SHALL NOT EXCEED THE AMOUNTS RECEIVED FROM YOU UNDER THESE TERMS AND CONDITIONS. THIS LIMITATION WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
- Remedies/Disclosure of Information. Notwithstanding anything in these Terms and Conditions to the contrary, all provisions of these Terms and Conditions will be specifically enforceable, and Belisan will be entitled to, in addition to other available remedies, an injunction or other equitable relief for breach of any provision of these Terms and Conditions. In addition, You acknowledge and agree that Belisan has the right to seek damages, including, without limitation, direct, indirect, special, incidental, cover, reliance and/or consequential damages, when the Belisan Products are utilized in violation of these Terms and Conditions. In the event that Belisan is required to respond to a third party or law enforcement subpoena that is related to Your use of the Belisan Products, Belisan may require You to reimburse Belisan for its reasonable expenses associated with complying with such subpoena. Any provision of these Terms and Conditions that, by its nature should survive termination, will survive termination, including, without limitation, those concerning intellectual property, ownership, warranty, disclaimers and limitations of liability. Belisan may disclose any and all information it receives from You in the event (i) it is required by law; (ii) to protect and defend the rights of Belisan and/or any person or entity affiliated with Belisan; or (iii) incident to a corporate sale, merger, reorganization, dissolution, bankruptcy or similar event.
- Miscellaneous. Belisan may assign its rights to any payments under these Terms and Conditions to one or more other persons/entities without Your prior written consent. In the event that one or more of the provisions contained in these Terms and Conditions shall for any reason be held invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions contained in these Terms and Conditions, and such other provisions shall be given effect in accordance with the manifest intent hereof. These Terms and Conditions set forth the entire agreement and understanding between the parties as to the subject matter hereof and supersedes and merges all prior oral and written agreements, discussions and understandings between You and Belisan. All notices to be given to Belisan in connection with these Terms and Conditions shall be in writing and shall be sufficient if sent by certified or registered mail, return receipt requested with postage prepaid, or by a nationally recognized overnight courier addressed to Three Onions, LLC, 187 E. Warm Springs Road, Suite B190, Las Vegas, Nevada 89119, with a copy to: The Internicola Law Firm, P.C., Attn: Brian A. Lincer, Esq., 1000 South Avenue, Staten Island, New York 10314, or at such other address hereafter made known to the other party. All notices to You may be effectuated by e-mail message at any e-mail address previously provided to Belisan by You. You shall, at all times, maintain a valid e-mail address to receive system notifications, for billing purposes and other system alerts from Belisan. Any notice given as provided in these Terms and Conditions shall be deemed to have been given on the date of receipt by the party for which it is intended. Section headings are for purposes of convenience only and are not intended to affect the meaning or interpretation of these Terms and Conditions. These Terms and Conditions are made pursuant to, and shall be construed and enforced in accordance with, the laws of the State of New York and United States federal law, to the extent applicable, irrespective of the principal place of business, residence or domicile of the parties hereto, and without giving effect to otherwise applicable principles of conflicts of law. Any suit brought to enforce obligations hereunder shall only be brought in the courts, whether State or Federal, sitting in the County of New York, City and State of New York.
By clicking the “I’ve read and accept the terms & conditions and legal notice” checkbox, You agree and represent that (i) You have read and understand all of the provisions in these Terms and Conditions; (ii) that you are at least 18 years of age; and (iii) all of the information that You have provided to Belisan is true and accurate. In addition, by clicking the “PLACE ORDER” button, You authorize THREE ONIONS, LLC to charge the amount due to THREE ONIONS, LLC provided by You.
If you have any questions, or if you require any additional information concerning these Terms and Conditions or the Belisan Website, please contact Belisan by email at email@example.com.
Copyright ©2016, THREE ONIONS, LLC All Rights Reserved.
BELISAN TAC. Version 2016.07.20