Terms Of Use

Revision Date: April 24, 2017

By using the www.bepear.com website ("Website"), you are agreeing to follow and be bound by these Terms of Use ("Terms") as well as our Privacy Policy. If you disagree with any part of these Terms, do not use Website. These Terms apply only to your use of Website and do not apply to or extend to your purchase or use of our products.  The BePear brand as well as the Website are owned by Bella Pear, LLC ("BP").

SITE CONTENTS

All materials on Website, including images, illustrations, text, icons, sounds, video clips and other materials, and the copyrights, trademarks, service marks, trade dress and other intellectual property in such materials (“BP Content”) are owned, controlled or licensed by BP and its Affiliates. BP Content is provided for your personal, noncommercial use. No right, title or interest in downloaded BP Content is transferred to you as a result of any such downloading or copying. Unless expressly stated to the contrary, you may not publish, transmit, reproduce, distribute, display, modify, create derivative works from, sell or exploit BP Content in any way.

USER-GENERATED CONTENT AND SUBMISSIONS

You are solely responsible for, and we claim no ownership to, any content, including profiles, information, messages, text, images, illustrations, icons, photographs, videos, music or any other content or materials ("User-Generated Content"), you submit , upload, post, pin or otherwise provide or make available to BP or its Affiliates or vendors, or make available on or through Website, including User-Generated Content that is on third party social media websites, including, but not limited to, Facebook, Instagram, Pinterest and/or Twitter, which you have agreed to allow our use of, and those associated with hashtags related to BP (“Submissions”).

You must be at least 18 years old to make a Submission. Your Submission, as well as your name and social media profile information, may be used in any BP advertising, marketing or promotional materials, including Website, printed materials, emails, and social media sites. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission.

All User-Generated Content and Submissions will be treated as non-confidential and non-proprietary and such content posted, transmitted or made available to Website remains the sole responsibility of the person who originated such content. We do not and will not monitor or control User-generated Content and take no responsibility for such content. With respect to all User-Generated Content and Submissions you grant BP and its Affiliates, a perpetual, irrevocable, transferable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such Submissions and User-Generated Content as well as your name and your social media profile and/or content, in any manner, and in any and all distribution channels, forms, media, or technology, alone or as part of other works, without further notice or compensation. You hereby represent and warrant that any User-Generated Content and/or Submissions you provide do not include anything which you do not own or otherwise control or have the full right to grant the license stated above. You represent and warrant that your User-Generated Content and Submissions do not constitute or contain software viruses, commercial solicitation, commercial offerings or any form of “spam.”

FEEDBACK

Any comments, questions, survey responses, feedback, suggestions regarding our current products and services, or ideas and concepts for new products and services offered to us (“Feedback”) will be and remain the property of BP and its Affiliates and will be deemed non-confidential and non-proprietary. Your Feedback, whether directly posted on Website, including but not limited to product reviews, or via email, postal mail, or otherwise, will be considered an assignment to BP and its Affiliates of all worldwide rights, title and interest to all intellectual property rights in your Feedback. By sending us your Feedback, you agree that such Feedback may be used in any BP advertising or promotional materials, including but not limited to printed materials, emails, newsletters, and social media sites. Such Feedback may also be used for new product development. If your Feedback is used by BP, it may be publicly displayed along with your name and and/or biographical information.

BP specifically prohibits you from sending us any information that you consider to be confidential or proprietary or that you would object to our use in marketing materials. You further agree that your Feedback will not violate rights of any third party, contain libelous or otherwise unlawful, abusive or obscene materials; and you will not transmit any computer virus or other malware that could affect operation of our website.

COPYRIGHT INFRINGEMENT POLICY:

We do not permit copyright infringing activities on Website and will, if properly notified, expeditiously remove or disable access to infringing content from Website, without prior notice. 

COPYRIGHT INFRINGEMENT NOTIFICATION

In accordance with the Digital Millennium Copyright Act (DMCA), we will expeditiously respond to notices of alleged infringements that are reported to Bella Pear, LLC's Designated Copyright Agent (see Section 512(c)(3) of the DMCA or seek the assistance of counsel).

To file a copyright infringement notification with us, you will need to send a written communication that includes the following Notice and deliver it to the Designated Copyright Agent (Please note, the information provided in this Notice may be forwarded to the person who supplied the allegedly infringing content):

Notice of Copyright Infringement (Notice)
  • Identify the copyrighted work that you claim has been infringed, or if multiple copyrighted works are covered by this Notice, you may provide a representative list of the copyrighted works that you claim have been infringed.
  • Identify the material you claim is infringing and that access to which is to be disabled, including at a minimum the URL from the website page where such material may be found.
  • Provide information reasonably sufficient to permit us to contact you, or your authorized agent, including a name, address, telephone number and, if available, an email address.
  • Include both of the following statements in the body of the Notice:
      “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
      “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
  • Provide your full legal name and your electronic or physical signature, or a physical or electronic signature of a person authorized to act on your behalf.

Deliver this Notice, with all items completed, to our Designated Copyright Agent:

Bella Pear, LLC
DMCA Complaints
Attn: Rene Gonzalez
1104 S Mays, Suite 117
Round Rock, TX 78664
 
info@bellapear.com

Please note that under Section 512(f) of the DMCA any person who knowingly materially misrepresents that material or activity (content) is infringing may be subject to liability for damages.

PRODUCT DISPLAY AND INFORMATION

We attempt to display the products featured on our website as accurately as possible. However, we cannot guarantee that your monitor’s display of merchandise color, texture or detail will be accurate. On occasion, the website may contain incomplete information, typographical errors, or inaccuracies as to description, pricing, promotions, sizing, fabrication, color or availability. Prices, discounts and promotions may vary by shipping destination. We may change pricing, discounts and promotions at any time.

TRANSACTION PAYMENT PROCESSING

We utilize a secure third party payment processor for authorization and settlement of payment transactions.  We accept PayPal, Visa, MasterCard, American Express, Discover, JCB, and Diner's Club accounts for payments. Your account is debited as soon as you complete your transaction through our check-out process.  A confirmation email is also sent to the email address you provided during the check-out process.

SITE TRANSACTIONS

We reserve the right to refuse any order placed with us or to limit or cancel quantities purchased per person, per household, per credit card or per order. This may include orders placed by or under the same customer account, the same credit card, the same device and/or orders that use the same billing and/or shipping address. We may limit or prohibit orders that appear, in our sole judgment, to be placed by dealers, resellers or distributors. If we limit or cancel an order, we will attempt to notify you through the email, billing address or telephone number you provided when the order was placed. We may refuse to accept, place or cancel orders if evidence of potential fraud or misconduct exists, as determined in our sole discretion. If you are a reseller or distributor and are interested in distribution of BePear products, please contact us at info@bepear.com. 

RETURN POLICY

Items shipped from BePear can be returned with a valid reason within 10 days of receipt of shipment.  In order to receive a full refund, exchange or store credit for the same value of the original purchase, the item must be returned in its original state, including labels and tags.  Any item that is damaged, unclean, worn out, or otherwise altered or deteriorated from its original condition cannot be returned.  Returns must be initiated by logging in to your account at bepear.com and requesting a Return Order Request under order history.  

LINKS TO OTHER WEBSITES

This website may contain links to websites owned and controlled by third parties. These links are provided solely for your information and convenience.

DISPUTE RESOLUTION, CHOICE OF LAW AND FORUM

In the event of any claim, action or dispute related to or arising out of any BP transaction, your use of Website, or the breach, interpretation or validity of the Terms, (“Dispute”), the party asserting the Dispute will first attempt to resolve such Dispute in good faith, by providing written notice to the other party (via certified mail, return receipt requested or express delivery carrier) describing the facts and circumstances (including any relevant documentation) and allowing the receiving party at least thirty days in which to respond to or resolve the Dispute. If to BP, notice will be sent to

Bella Pear, LLC
Legal and Compliance
1104 S Mays, Suite 117
Round Rock, TX 78664

If to you, notice will be sent to your last used billing address or the billing and/or shipping address in your online profile. Both you and BP and its Affiliates agree that this dispute resolution procedure is a condition precedent to the filing of any litigation against the other. Any claim or action initiated by you related to or arising out of your use of Website or the Terms will be resolved only by state or federal courts located in Williamson County, Texas. The Terms will be construed in accordance with the laws of the State of Texas, without regard to any conflict of laws provision.

© 2017 Bella Pear, LLC. All Rights Reserved.