Bell-Carter Foods, LLC (“Bell-Carter,” “us,” “our” or “we”) is pleased to provide this web site for your personal use.
Please read these Terms and Conditions (collectively with the Privacy Policy, this “Agreement”) fully and carefully before using https://ilovelindsay.com (or such other URLs or web addresses as may be made available by Bell-Carter from time to time; the foregoing collectively, the “Sites”). The Sites include all associated protocols (e.g., http and https), subdomains and paths associated with the relevant domains as well as certain promotional sites, landing pages or other websites that make reference to this Agreement.
Use of the Sites
The Sites are provided for your personal noncommercial use. You may not copy material from the Sites for commercial use. You may copy material in limited quantities from the Sites for your personal noncommercial use, provided, however, that our copyright notice is affixed to such copied material. Bell-Carter reserves the right to terminate at any time your permission to make personal copies of material from the Sites pursuant to this paragraph.
The Sites are not intended to be used by persons under eighteen (18) years of age. We may, in our sole discretion, (i) refuse to offer access to the Sites to any person or entity and (ii) change the eligibility criteria required for access to the Sites at any time. You are solely responsible for ensuring that your use of the Sites complies with all laws, rules and regulations applicable to you. You may not access the Sites where Agreement or use of the Sites is prohibited. Further, the Sites are offered only for your use, and not for the use or benefit of any third party.
Rules of Conduct
a. As a condition of use of the Sites, you agree that you will not use the Sites for any purpose that is prohibited by this Agreement. You are responsible for all of your activity in connection with the Sites.
b. You shall not (and shall not permit any third party to) either (I) take any action or (II) upload, download, post, submit or otherwise distribute or facilitate distribution of any content on or through the Sites that:
i. infringes any patent, trademark, trade secret, copyright, right of publicity or any other right of any other person or entity or violates any law or contractual duty (see the section entitled “DMCA Copyright Policy” below);
ii. you know or should know or reasonably believe is false, misleading, untruthful or inaccurate;
iii. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, or is otherwise inappropriate as determined by us in our sole discretion;
iv. constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);
v. contains (transmits, facilitates or otherwise enables) software viruses or any other computer codes, files, or programs that disrupt, damage, limit or interfere with the intended function of any software, hardware, or telecommunications equipment or which provide, enable, facilitate or obtain unauthorized access (whether on behalf of other software processes or natural persons) to (or control of, or ability to modify or interfere with) any system, data, password or other information of ours or of any third party;
vi. impersonates any person or entity, including any of our employees or representatives;
vii. includes any third party’s identification documents or sensitive financial information; or
vii. in any way that violates any agreement to which you are subject or in any way violates any applicable law, regulation, order or agreement to which you are subject, including, without limitation, any applicable federal, state, local, foreign or international laws, rules and regulations governing securities, consumer protection, privacy and trade laws and regulations.
c. You shall not: (i) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Sites or any activities conducted on the Sites; (iii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Sites (or other accounts, computer systems or networks connected to the Sites); (iv) run any form of auto-responder or “spam” on the Sites; (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Sites; (vi) harvest or scrape any content from the Sites; or (vii) otherwise take any action in violation of our guidelines and policies.
d. You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Sites (including without limitation any application made available through or promoted by the Sites), except to the limited extent applicable laws specifically prohibit such restriction; (ii) modify, translate, or otherwise create derivative works of any part of the Sites; or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder, including through the Sites or any rights pertaining to your use of, access to or exploitation of the Sites.
e. We also reserve the right to access, read, preserve, and disclose any information we receive, or is otherwise in our possession, as we reasonably believe is necessary to: (i) satisfy any applicable law, regulation, legal process or governmental request; (ii) enforce these Terms of Service, including investigation of potential violations hereof; (iii) detect, prevent, or otherwise address fraud, security or technical issues; (iv) respond to user support requests; or (v) protect the rights, property or safety of us, our users and the public.
Ownership of Intellectual Property
Bell-Carter and its licensors owns the copyright to the Sites. Notwithstanding any other term or condition in this agreement, Bell-Carter retains ownership to the copyright in the Sites and all material from the Sites. Bell-Carter and its licensors owns the trademarks, service marks, and trade dress (“Trademarks”) displayed on the Sites. Nothing on the Sites should be construed as a license to use the Trademarks. Your use of the Trademarks displayed on the Site is strictly prohibited. By providing any suggestions, ideas, or other information to us (any of the foregoing as “Feedback”), you grant Bell-Carter the right to use, reproduce, and share your Feedback for any purpose without compensation or acknowledgment.
Consent to Receive Marketing and Promotional Communications
By providing us your contact information, including your email address and phone number, you expressly consent to receive marketing and promotional communications from Bell-Carter, including subscribing to our “Club Lindsay” newsletter. These communications may include newsletters, special offers, promotions, and updates about our products and services, and may be sent via email or SMS/text messages. You have the right to opt-out of receiving these communications, including Club Lindsay, at any time by clicking the "unsubscribe" link in our emails or replying “STOP” to any SMS/text message. Please note that standard messaging and data rates may apply. Even if you opt-out of marketing communications, we may still send you transactional or administrative messages related to your use of our services. If you need to update your contact information, please contact us at policy@bellcarter.com.
Disclaimers
Your use of the Sites and material from the Sites is at your own risk. Bell-Carter strives to provide accurate and up-to-date material on the Sites. However, Bell-Carter makes no warranties or representations as to the accuracy or timeliness of the material provided on the Sites. Bell-Carter assumes no liability or responsibility for any errors or omissions on any of the Sites.
NEITHER BELL-CARTER, ANY OF ITS AGENTS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITES IS LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE SITES OR ANY MATERIAL FROM THE SITES. WITHOUT LIMITING THE FOREGOING, THE SITES AND THE MATERIAL PROVIDED ON THE SITES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. Some jurisdictions may not allow the exclusion of implied warranties, so this statement may not apply to you.
Bell-Carter assumes no liability or responsibility for any damage to you, your computer, or your other property, due to your access to, use of, or downloading of the Sites, or any materials provided on the Sites.
As part of the Sites, Bell-Carter may offer recipes and information dealing in the preparation of food. Bell-Carter in no way provides any warranty, implied or otherwise, towards the content of such recipes. As such, it is your responsibility to determine the value and quality of any recipe or instructions provided for food preparation and to determine the nutritional value, if any, and safety of the preparation instructions. Recipes taken from the Sites and prepared are done so “at your own risk”. Bell-Carter is not responsible for any damage, medical or otherwise, resulting from the preparation of food using the instructions or recipes provided on the Sites. You must take care to check the instructions provided and determine their value and any possible medical condition that may arise from the consumption of the ingredients listed in recipes on the Sites. To the extent applicable, please seek the advice of professionals, regarding the evaluation of any specific information, opinion, advice or other content, including but not limited to health, or lifestyle information, opinion, advice, or other content.
Third Party Sites
For your convenience and enjoyment, the Sites may provide links to websites (and other digital resources) that are not operated by Bell-Carter (each a “Third Party Site” and collectively, “Third Party Sites”). Third Party Sites are not under our control, and you acknowledge and agree that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such Third Party Sites. Some links to Third Party Sites may be present on the Sites in connection with paid promotions. Notwithstanding any such paid promotion, and except as otherwise expressly stated by Bell-Carter, Bell-Carter does not endorse, approve of or sponsor any Third Party Site or any information, products, or services contained in any Third Party Site, nor is Bell-Carter liable for any claims or any damage that might result from your use of, or reliance on, such information, products, or services thereon.
YOU ACKNOWLEDGE AND AGREE THAT BELL-CARTER IS NOT RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH THE USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD PARTY SITES. FOLLOWING ANY LINKS TO ANY THIRD PARTY SITES IS DONE AT YOUR SOLE RISK.
International Users
Bell-Carter, including its digital infrastructure, is located in the United States of America. If you are located in a jurisdiction other than the United States of America, you hereby acknowledge and consent to the handling of the data you submit to Bell-Carter pursuant to the laws of the United States of America and pursuant to the other applicable provisions of these Terms of Service.
California Users
For your rights under the California Consumer Protection Act, and certain other California laws, please see the Privacy Policy.
DMCA Copyright Policy
The Digital Millennium Copyright Act (the “DMCA”) permits anyone who believes in good faith that material available via the Sites infringes their copyright (a “Claimant”) to send to our agent for notice of claims of copyright infringement (“Agent”) a written notice requesting that we remove or block access to the infringing material (“Notice”). The Notice must include the following information:
(i) A physical or electronic signature of a person authorized to act on behalf of the Claimant.
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
(iv) The Claimant’s address, telephone number, and, if available, an electronic mail address.
(v) A statement that the Complainant has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that Complainant is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The DMCA permits anyone who believes in good faith that a Notice of copyright infringement has been wrongly made against them to send our Agent a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA (see www.loc.gov/copyright). Notices and counter-notices should be sent to our Agent at: policy@bellcarter.com
Responses to Notices will be made in accordance with the requirements of the DMCA and within Bell-Carter’s sole discretion.
Termination
We may terminate your access to all or any part of the Sites at any time, with or without cause and with or without notice, effective immediately. You acknowledge and agree that notice is not required for any such termination to be effective. To the extent Bell-Carter voluntarily desires to provide notice to you, you acknowledge that if the information you have provided to us for notice purposes is inaccurate, if you have not provided notice information to us, or if Bell-Carter ceases operating any part of or all of the Sites, we reserve the right to remove or disable access to the Sites or decline to restore the Sites. See our DMCA Copyright Policy.
All provisions of this Agreement which by their nature should survive termination or expiration shall survive any such termination or expiration.
Limitation of Liability
EXCEPT AS EXPRESSLY SET FORTH HEREIN AND IN ANY APPLICABLE ADDITIONAL TERMS, TO THE EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY OR ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY OR LIMITATION OF LIABILITY, BELL-CARTER SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, EXEMPLARY, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR FOR ANY DAMAGES RESULTING FROM LOSS OR INTERRUPTION OF BUSINESS, LOST BUSINESS OPPORTUNITY, DATA BREACH, LOST DATA OR LOST PROFITS, ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF, HOWEVER CAUSED, EVEN IF BELL-CARTER HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
SHOULD THE DISCLAIMER IN THE PRECEDING PARAGRAPH BE DETERMINED OR ADJUDICATED NOT TO APPLY TO DIRECT DAMAGES FOR ANY REASON, YOU HEREBY AGREE THAT BELL-CARTER’S TOTAL AGGREGATE LIABILITY TO YOU FOR DAMAGES IN CONNECTION WITH THIS AGREEMENT, THE SITES OR ANY OTHER MATERIALS PROVIDED TO YOU HEREUNDER, REGARDLESS OF THE FORM OF ACTION GIVING RISE TO SUCH LIABILITY (UNDER ANY THEORY, WHETHER IN CONTRACT, TORT, STATUTE, INDEMNITY OR OTHERWISE) SHALL NOT EXCEED THE AGGREGATE OF TEN DOLLARS ($10.00).
THE FOREGOING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS OF LIABILITY SHALL APPLY REGARDLESS OF THE THEORY OF LIABILITY, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
GOVERNING LAW; FORUM; CLASS ACTION WAIVER
This Agreement shall be governed by and construed in accordance with the Federal Arbitration Act, applicable federal law and the internal laws of the State of New York, without reference to its conflicts of law rules.
For any dispute not subject to binding arbitration hereunder, you hereby irrevocably and unconditionally consent to submit to the jurisdiction of the State or Federal Courts located in New York County in New York, for all disputes, including any litigation (each a “Dispute”), arising out of or relating to this Agreement, including your use of the Sites. Further, you covenant not to commence any litigation relating thereto except in such courts and irrevocably waive any objection to such jurisdiction and venue, including any objection of forum non conveniens. Each party shall be responsible for their own expenses, costs, and attorney’s fees for any dispute arising out of or in connection with this Agreement.
YOU HEREBY KNOWINGLY AGREE THAT ANY PROCEEDING, IN COURT OR BEFORE ANY OTHER COMPETENT TRIBUNAL, INCLUDING AT ARBITRATION IF APPLICABLE, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A MEMBER IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. YOU HEREBY ACKNOWLEDGE THAT YOU ARE WAIVING YOUR ABILITY TO JOIN A CLASS ACTION AGAINST BELL-CARTER IN CONNECTION WITH THE ANY CLAIM ARISING FROM OR RELATED TO THE SITES.
BINDING ARBITRATION
Any dispute or claim relating in any way to your use of any Sites, or to any products or services advertised, promoted sold or distributed by Bell-Carter or through the Sites will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this Agreement.
There is no judge or jury in arbitration and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the terms of these Terms of Service as a court would.
AAA will conduct any arbitration under its Commercial Arbitration Rules (or if the value of the dispute is $75,000 or less whether or not you are an individual or how you use the Services, its Consumer Arbitration Rules). For more information, see www.adr.org or call 1-800-778-7879. To start an arbitration, mail us at the contact information below. In a dispute involving $25,000 or less, any hearing will be telephonic unless the arbitrator finds good cause to hold an in-person hearing instead. Any in-person hearing will take place in New York County, New York, in the United States. The arbitrator may award the same damages to you individually as a court may. The arbitrator may award declaratory or injunctive relief only to you individually to satisfy your individual claim. Under AAA Rules, the arbitrator rules on its own jurisdiction, including the arbitrability of any claim. However, a court has exclusive authority to enforce the prohibition on arbitration on a class-wide basis or in a representative capacity. As set forth in this Agreement, all arbitrations will be on an individual basis only.
Contact Address for Arbitration Notices:
Bell-Carter Foods, LLC
590 Ygnacio Valley Rd, Suite 220
Walnut Creek, CA 94596
Attention: Bell-Carter Foods Legal Department
WAIVER OF JURY TRIAL; RELEASE
YOU AND Bell-Carter HEREBY waive all rights to trial by jury in any action, suit, or proceeding brought to resolve any dispute ARISING FROM OR RELATED TO THIS AGREEMENT OR ANY TRANSACTION CONTEMPLATED HEREBY.
To the maximum extent permitted by applicable law, you hereby release Bell-Carter from any and all claims, demands, losses, damages, rights, and actions of any kind including arising from or related to personal injury, death or property damage, that are directly or indirectly related to or arise from: (i) the actions and omissions of other users of the Sites, including your interactions with such other users; and (ii) the actions and omissions of Third Party Sites, including your interactions with such Third Party Sites.
Modification
We reserve the right, in our sole discretion, to modify or replace any provisions of this Agreement, or change, suspend, or discontinue the Sites (including without limitation, the availability of any feature, database, or content) at any time. In connection therewith, we may, but are not obligated to, post a notice on the Sites or send you an e-mail or contact you through another appropriate means of electronic communication. We may also impose limits on certain features and services or restrict your access to parts or all of the Sites without notice or liability. Your continued use of the Sites following notification of any changes to this Agreement constitutes acceptance of those changes.
Entire Agreement
This Agreement (including the documents referenced herein) is the entire agreement between you and us with respect to the Sites and supersedes all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the Sites. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. The captions and section and paragraph headings used in this Agreement are inserted for convenience only and shall not affect the meaning or interpretation of this Agreement. The construction of this Agreement shall not take into consideration the party who drafted or whose representative drafted any portion of this Agreement, and no canon of construction shall be applied that resolves ambiguities against the drafter of a document. Neither the United Nations Convention on Contracts for the International Sale of Goods (“CISG”) nor the Uniform Computer Information Transactions Act (“UCITA”) shall apply to this Agreement or its interpretation. Whenever the context so requires, each pronoun or verb used herein shall be construed in the singular or the plural sense and each capitalized term defined herein and each pronoun used herein shall be construed in the masculine, feminine or neuter sense. References to Sections and Appendices are to Sections and Appendices of this Agreement unless otherwise specified. Whenever the words “include”, “includes” or “including” are used, they are deemed to be followed by the words “without limitation.” The words “herein,” “hereof” and other words of similar import refer to this Agreement as a whole and not to any particular section, subsection, paragraph, clause, or other subdivision. The word “or” is not exclusive but shall mean “and/or”. The symbol “$”, and all references to cash amounts, refer to United States dollars.
Contact: You may contact us at: policy@bellcarter.com