| BEDESSEE IMPORTS
INC.
BEDESSEE IMPORTS LTD. BEDESSEE.COM TERMS OF USE
1. Parties. The parties to this Agreement are you, a visitor to this web site ("You"), and this web site BEDESSEE.COM owned and operated by BEDESSEE IMPORTS LTD ("ABC"). All references to BEDESSEE.COM, "us", "this web site" or "this site" shall be construed to mean ABC. If the user is not an individual, then "You" means Your Company, its officers, members, agents, successors and assigns. 2. Agreement To Terms of Use And Amendment. In consideration of use of our services, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by registration forms; and (b) to maintain and update this information to keep it true, accurate, current, and complete. BEDESSEE.COM grants a non-exclusive, non-transferable, and revocable license to You and provides the services available at this site to You subject to the following terms and conditions. WE MAY AMEND THESE TERMS AND CONDITIONS FROM TIME TO TIME WITHOUT NOTICE TO YOU. YOU CAN REVIEW THE MOST CURRENT VERSION OF THE TERMS AND CONDITIONS AT ANY TIME AT THIS SITE. IN ADDITION, WHEN USING PARTICULAR SERVICES IN THIS SITE, GUIDELINES OR RULES MAY BE POSTED WHICH ARE APPLICABLE TO YOUR USE OF THOSE SERVICES. YOUR USE OF THIS SITE AND YOUR RELATIONSHIP WITH BEDESSEE.COM ARE SUBJECT TO ALL GUIDELINES OR RULES THAT MAY BE POSTED FROM TIME TO TIME ON THE SITE, WHICH ARE ALL INCORPORATED BY REFERENCE INTO THIS AGREEMENT. BY USING THIS SITE, YOU ARE AGREEING TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE MOST CURRENT VERSION OF THE TERMS OF USE AGREEMENT AND ANY GUIDELINES AND RULES POSTED ON THIS SITE. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT USE THIS SITE. 3. Membership
Eligibility and Account Responsibilities. Our Services are only available
to individuals who can form legally binding contracts under applicable
law. To be an eligible member of BEDESSEE.COM you as the user must provide
to BEDESSEE.COM with your legal first and last name, billing address, city,
state, country, postal code, and e-mail address. Should you knowingly falsely
any of the required information, your account shall be terminated immediately
with or
4. Prohibited
Conduct. You agree (i) not to use this site to upload or distribute in
any way files that contain viruses, corrupted files, or any other similar
software or programs that may damage the operation of another's computer;
(ii) not to interfere or disrupt this site or any networks connected to
this site; (iii) not to use any device, software or routine or attempt
to interfere with the proper functioning of this site or any transactions
being offered at this site; (iv) not to take any action that imposes an
unreasonable or disproportionately large load on BEDESSEE.COM infrastructure;
(v) not to use this site to collect or harvest personal information, including,
without limitation,
5. Indemnification.
You are solely responsible for your content, and we merely act as a passive
conduit for your online distribution and publication of your information.
However, we may unilaterally take any action with respect to your content
if we believe it may create liability for us or may cause us to lose (in
whole or in part) the services of our ISPs or other suppliers. You agree
6. Copyright. All content included on this site, such as text, graphics, logos, button icons, images, audio clips, and software, is the property of BEDESSEE.COM or its content suppliers and protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on this site is the exclusive property of BEDESSEE.COM and Protected by U.S. and international copyright laws. All software used on this site is the property of BEDESSEE.COM or its software suppliers and protected by U.S. and international copyright laws. The content and software on this site may be used as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on this site is strictly prohibited. 7. Representations and Warranties. THE PRODUCTS OBTAINED THROUGH THE USE OF OR IN CONNECTION WITH THIS SITE MAY OR MAY NOT CARRY WARRANTIES FROM THE MANUFACTURERS OF THOSE PRODUCTS. IF SUCH MANUFACTURER WARRANTIES EXIST, THEY ARE THE ONLY WARRANTIES APPLICABLE TO SUCH PRODUCTS. BEDESSEE.COM DOES NOT WARRANT THAT THE SITE CONTAINS COMPREHENSIVE INFORMATION ON ANY PRODUCT OR ANY CATEGORIES OF PRODUCTS WHATSOEVER. THE SERVICE AND THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT IS PROVIDED "AS IS" AND "AS AVAILABLE" WITH NO TECHNICAL SUPPORT OR REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SYSTEM INTEGRATION, TITLE AND NON-INFRINGEMENT. IN PARTICULAR, BUT WITHOUT LIMITATION, BEDESSEE.COM DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BEDESSEE.COM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE, IN TERMS OF ITS CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. YOU UNDERSTAND AND AGREE THAT YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THIS SITE AND THE SERVICE, INCLUDING, BUT NOT LIMITED, USE THAT RESULTS IN DAMAGE TO YOUR COMPUTER OR LOSS OF DATA. 8. Calling Card PINs. ALL TELECOMMUNICATIONS SERVICES USED IN CONNECTION WITH INS ARE PROVIDED BY THE UNDERLYING CARRIERS OF THOSE TELECOMMUNICATIONS SERVICES. WE ARE RESELLERS OF THE PHONE CARDS WE PROVIDE ON THIS WEB SITE. THEREFORE WE ARE NOT RESPONSIBLE OR HAVE ANY CONTROL OVER THE BILLING OF THE CALLING CARDS. ALL CALLING CARDS PROVIDED ON THE WEB SITE ARE NON REFUNDABLE, NON TRANSFERABLE AND NON EXCHANGEABLE. THE RISK OF LOSS OF ALL PINS PURCHASED THROUGH THIS WEB SITE SHALL PASS TO CUSTOMER IMMEDIATELY UPON PURCHASE AND CUSTOMER SHALL ASSUME ALL RISK OF LOSS. BEDESSEE.COM SHALL NOT BE OBLIGATED TO PROVIDE CREDITS OR REFUNDS (IN ANY FORM OR AMOUNT) FOR LOST OR STOLEN PINS, MISUSED PINS, UNAUTHORIZED OR FRAUDULENT USE OF PINS, OR FOR PINS THAT HAVE UNUSED OR EXPIRED MINUTES. 9. Expiration. All prepaid cards shall have an expiration date linked to the date of purchase, at which point it shall expire automatically. The expiration date is communicated to you along with your PIN Number and Access Number immediately following purchase. Any unused minutes or value shall be forfeited upon expiration. 10. Limited Liability.
BEDESSEE.COM AND ALL It''s AFFILIATES AND CONTENT PROVIDERS AND THEIR RESPECTIVE
SHAREHOLDERS AND AFFILIATES SHALL NOT BE LIABLE FOR ANY LOSS OF BUSINESS,
LOSS OF USE OR OF DATA, INTERRUPTION OF BUSINESS, LOST PROFITS OR GOODWILL,
OR OTHER INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES
OF ANY KIND ARISING OUT OF THIS AGREEMENT, EVEN IF THEY HAVEBEEN ADVISED
OF THE POSSIBILITY OF SUCH LOSS AND WHETHER OR NOT THEY HAD ANY KNOWLEDGE,
ACTUAL OR CONSTRUCTIVE, THAT SUCH DAMAGES MIGHT BE INCURRED, AND
11. Applicable Law. This site is created and controlled by ABC in the State of New York, USA. As such, the laws of the State of New York will govern these disclaimers, terms, and conditions, without giving effect to any principles of conflicts of laws. We reserve the right to make changes to our site and these disclaimers, terms, and conditions at any time. 12. Severability. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced and remain in full force and effect. 13. Strict Performance. The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Agreement or to exercise any right under the Agreement will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance. |
Last update: July 21, 2004