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Terms of use

Thank you for visiting BelleUp.com. Belle Up LLC provides this site as a service to its customers. Please review the following basic rules that govern your use of our site. Please note that your use of our site constitutes your agreement to follow and be bound by these terms. If you do not agree to these terms, please do not use this site. Although you may “bookmark” a particular portion of BelleUp.com and thereby bypass this agreement, your use of this site still binds you to the terms. Since Belle Up may revise this agreement at any time, you should visit this page periodically to review the terms of your use. Should you have any questions concerning any of our policies, please contact us.

LEGAL INFORMATION

This website is expressly owned and operated by Belle Up LLC. The mailing address for Belle Up LLC is 1915 W. 103rd Street, Chicago, Illiniois, 60643. Unless otherwise noted, all design and content featured on BelleUp.com—including navigational buttons and images, artwork, graphics, photography, text, and the like-are copyrights, trademarks, trade dress, and/or intellectual property that are owned, controlled, or licensed by Belle Up LLC. This website in its entirety is protected by copyright and applicable trade dress. All worldwide rights, titles, and interests are reserved. The contents of our website and the website as a whole are intended solely for your personal, non-commercial use. Any use of our website and its content for purposes other than personal and non-commercial is prohibited without the prior written permission of Belle Up LLC. Do not reproduce, publish, display, modify, sell, or distribute any of the materials from Belle Up LLC. You may, however, download or electronically copy and print any of the page contents displayed on the site, but please remember that these are available for your personal, non-commercial use only. Should you choose to download, copy, or forward any site materials via email, no right, title, or interest in those materials will be transferred to you.

LIMITATION OF LIABILITY

Given the unpredictability of technology and the online environment, Belle Up does not warrant that the function or operation of this website will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available will be free of viruses or other harmful elements. As a visitor to and user of this website, you must assume full responsibility for any costs associated with the servicing of equipment used in connection with the use of our website. As a visitor to and a user of this website, you, in effect, agree that your access will be subject to the terms and conditions set forth in this legal notice and that access is undertaken at your own risk. Belle Up shall not be liable for damages of any kind related to your use of or inability to access this website.

INACCURACIES

We strive to present the most recent, accurate, and reliable information on our website at all times. However, there may be occasions when some of the information featured on BelleUp.com may contain incomplete data, typographical errors, or inaccuracies. Any errors are wholly unintentional and we apologize if erroneous information is reflected in merchandise price, item availability, or in any way affects your individual order. Please be aware that we present our content “as is” and make no claims to its accuracy, either expressed or implied. We reserve the right to amend errors or to update product information at any time without prior notice. In the event a Belle Up product is listed at an incorrect price due to photographical error, typographical error or error in pricing information from our suppliers, Belle Up shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Belle Up LLC shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Belle Up shall issue a refund to your credit card account in the amount of the incorrect price.

AVAILABILITY

Please understand that many of our featured items are offered in limited quantities and, because of their limited availability, stock will not and cannot be refreshed. That means once an item is gone, it may be gone for good and not appear on the website again. When an item featured on BelleUp.com is no longer in stock, we make every attempt to remove that item from the website in a timely manner. Should you have any questions concerning the availability of a particular item, please contact us at 773.233.2442, 10am – 7pm (CST) Monday to Friday, or 10am – 5pm (CST) Saturday to Sunday .

PRODUCT INFORMATION

Belle Up products displayed on the website are available in our brick and mortar store(s). Keep in mind, however, that BelleUp.com does not list every item that you would find in our store.

PRICING 

Our brick and mortar store(s) may have different prices or promotional events at different times. Sale prices on the website are Internet-only specials and do not reflect the pricing in Belle Up’s store(s) and vice versa.

COLORS

We make every effort to display as accurately as possible the colors of our products that appear on the website. However, due to monitor discrepancies, especially where an item is comprised of raw or natural materials, we cannot guarantee that your display of color will be accurate.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Belle Up, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

CORRESPONDENCE 

Although we will make every effort to respond quickly to applicable email messages, BelleUp.com is under no obligation to respond to all pieces of correspondence received through this site, or to maintain your submitted comments in confidence, or to pay compensation of any kind for your comments or submissions. While we welcome your comments and feedback regarding BelleUp.com, our merchandise and our services, we do not wish to receive any confidential or proprietary ideas, suggestions, materials, or information via this website or any email connection. Please note that all of your comments, feedback, ideas, suggestions, and other submissions that are disclosed or submitted to our company through BelleUp.com shall become and remain the property of Belle Up. Any such disclosure or submission by you is a declaration of the full release of all proprietary claims and/or intellectual rights regarding your submission. However, we will not use your name in connection with any such materials, information, suggestions, ideas or comments unless we first obtain your permission or otherwise are required by law to do so.

CLAIMS OF COPYRIGHT INFRINGEMENT

We respond to notices of alleged infringement as required by the U.S. Digital Millennium Copyright Act (“DMCA”), including by removing or disabling access to material claimed to be the subject of infringing activity. If you have a good faith belief that your work has been copied in a way that constitutes copyright infringement or that your intellectual property rights otherwise have been violated on this website, please send your claim or notice of infringement to our DMCA agent at:

DMCA Agent
BelleUp.com
1915 W. 103rd Street
Chicago, IL 60643

Our DMCA Agent will only respond to notices and inquiries that comply with the requirements of the DMCA.  Please see www.copyright.gov for more information.
 
DISPUTE RESOLUTION

Any dispute between you and Belle Up LLC and its agents, employees, officers, directors, principals, successors, assigns, subsidiaries or affiliates arising from or relating to these Terms and their interpretation or the breach, termination or validity thereof, the relationships which result from these Terms, including disputes about the validity, scope or enforceability of these Terms to arbitration (collectively, "Covered Disputes") will be settled by binding arbitration in the State of Illinois administered by the American Arbitration Association (AAA) in accordance with its rules (including its rules and procedures for consumer-related disputes) in effect on the date thereof (“AAA Rules”).  Prior to initiating any arbitration, the initiating party will give the other party at least 60 days' advanced written notice of its intent to file for arbitration. Belle Up will provide such notice by email to the email address that you provided when you created your account and you must provide such notice to Belle Up by mail to: Belle Up LLC, attn: Legal Department, 1915 W. 103rd Street, Chicago, IL, 60643.

Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. If, however, you are able to demonstrate that the costs of arbitration will be prohibitive for you as compared to the costs of litigation, Belle Up LLC will pay as much of the filing, administration and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive for you. If the arbitrator determines the claim(s) you assert in the arbitration are frivolous, you agree to reimburse Belle Up LLC for all fees associated with the arbitration that Belle Up paid on your behalf which you otherwise would be obligated to pay under the AAA Rules.

A single arbitrator will be selected in accordance with the AAA Rules.  The arbitration shall be conducted in the English language. The arbitrator will have the power to grant whatever relief would be available in court under law or in equity and any award of the arbitrator will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. The arbitrator will not, however, have the power to award punitive or exemplary damages, the right to which each party hereby waives.  The arbitrator will apply applicable law and the provisions of these Terms and the failure to do so will be deemed an excess of arbitral authority and grounds for judicial review. The arbitrator’s decision must be with written explanation and remain confidential.  Belle Up LLC and you agree that any Covered Dispute will be submitted to arbitration on an individual basis only. If any provision of the agreement to arbitrate in this Section is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced (but in no case will there be a class, representative or private attorney general arbitration). Regardless of any statute or law to the contrary, notice on any claim arising from or related to these Terms must be made within one (1) year after such claim arose or be forever barred. For purposes of this Section 10, these Terms and related transactions will be subject to and governed by the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA). Both you and Belle Up agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any arbitration or filing any claim against the other party.