This web site is controlled by The Bonne Bell Company from its offices within Ohio. The Bonne Bell Company complies with all laws of Ohio applicable to this web site and to the Internet. Visitors who choose to visit this web site from other jurisdictions do so on their own initiative. Those visitors are solely responsible for compliance with their local laws.
Venue and Jurisdiction:
Claims relating to this web site, to the use of this web site, and to the information, content, material, and services available through this web site are governed by the laws of Ohio. You hereby unconditionally, voluntarily, and irrevocably consent to submit to the exclusive jurisdiction of Ohio for any litigation concerning this web site, your use of this web site and any information received through this web site. You agree not to plead forum non conveniens in any such action. You consent to service of process.
Change of Terms:
Alteration of Site:
The Bonne Bell Company may change, suspend or discontinue any feature, aspect, product or service available through this web site at any time. The Bonne Bell Company may alter the availability of any feature of this web site or service related to any feature of this web site at any time.
The Bonne Bell Company may add, remove or modify any content of this web site, including that of third parties, at any time.
Limitation on Usage:
The Bonne Bell Company may limit your access to any part of this web site without notice to you. The Bonne Bell Company may terminate your use of its web site at any time.
Visitor On-line Conduct:
You agree to use this web site only for lawful purposes.
You agree to use this web site only for its intended purposes.
The Bonne Bell Company reserves the right to prohibit any conduct involving this web site that it deems to be inappropriate.
You agree not to disrupt this web site.
You agree not to interfere with or compromise the security of this web site, or any computer, server, account, network, data, software and/or hardware associated with this web site.
You agree not to disrupt or interfere with any other visitor's use of this web site.
You agree not to attempt to obtain access to any portion of this web site, any computer, server, account, network, software and/or hardware associated with the web site, from which you are restricted.
You agree that you are solely responsible for any actions you undertake while visiting this web site and that you will comply with all applicable local, state, national and international laws and regulations applicable to this web site and the Internet, including United States copyright and export regulations.
You warrant that all information that you provide to gain access to the services provided by this web site is accurate and truthful.
Use of the Bonne Bell Heritage Store
You can order merchandise that cannot be found in stores online through our Bonne Bell Heritage Store. If you are under 18 you must have your parent's permission to purchase anything from the Bonne Bell Heritage Store.
Links To and From Other Web Pages:
Links to third party web sites or information are not intended, and should not be interpreted by readers, as constituting or implying The Bonne Bell Company endorsement, sponsorship or recommendation of the third party information, products or services found there.
Copyright, Trademark and Intellectual Property:
All information, content and material ("Content") made available by The Bonne Bell Company through this web site is owned by or licensed to The Bonne Bell Company. The Bonne Bell Company and its licensors retain all rights in this Content.
All Content, including, but not limited to the web site design, text, drawings, photographs, graphics, sound recordings and video recordings are protected by copyrights owned by The Bonne Bell Company and its licensors. The Content and any and all such copyrighted material may not be modified, copied, distributed, downloaded, displayed, e-mailed, transmitted or sold in any form or by any means, in whole or in part, without the prior written consent of the respective copyright owner.
The Bonne Bell Company grants you permission to display, copy, distribute, print and/or download, the Content on this web site for your personal, non-commercial use only. If you display, copy, distribute, print and/or download the Content on this web site, then you may not modify that Content and you must retain all copyright and other proprietary notices contained in the Content.
The permission granted herein terminates automatically if you breach these terms or conditions. Upon termination of the permission, you must immediately destroy any Content you displayed, copied, distributed, printed and/or downloaded.
The Bonne Bell Company and www.thebonnebellcompany.com, www.bonnebell.com, www.smackers.com, www.worldofsmackers.com, and www.colorandflavorshop.com are either registered trademarks, trademarks, trade names, service marks, or otherwise protected property of The Bonne Bell Company and may not be used, copied or imitated without the prior written consent of The Bonne Bell Company.
The Bonne Bell Company intellectual property may not be used in connection with any service or information that is not The Bonne Bell Company. The Bonne Bell Company intellectual property may not be used in any manner that is likely to cause confusion among consumers or in any manner that disparages The Bonne Bell Company. Other trademarks, trade names, company names, service marks and otherwise protected property displayed on this web site are the property of their respective owners and are subject to the terms and conditions applied by those owners to their intellectual property.
The compilation of the Content on this web site is the exclusive property of The Bonne Bell Company and is protected by U.S. and International copyright law.
You may not mirror any Content contained in this web site on any other web site or server.
Digital Millennium Copyright Act, Transmission of Third Party Content:
You may not upload, post or otherwise distribute on this web site anything protected by copyright or other proprietary rights unless the owner of the applicable copyright or proprietary right has given you express authorization for such uploading, posting or distribution on the web.
Anything for which permission has been granted to upload, post or otherwise distribute must contain the notice "Copyright, 2007, The Bonne Bell Company used by express permission."
The unauthorized use, uploading, posting, and/or distribution of Content protected by copyright or other proprietary rights is illegal and subjects the malfeasant to civil penalties and criminal prosecution.
The Bonne Bell Company, its affiliates, officers, directors, employees, agents or any such similarly situated persons or entities are not liable for damages resulting from any infringement resulting from your actions involving copyrighted or proprietary right protected material.
The Bonne Bell Company, pursuant to the Digital Millennium Copyright Act, designates Robert Evans to receive complaints and notices of suspected copyright infringements. If you believe that your work has been copied and is accessible on The Bonne Bell Company web sites in a way that constitutes infringement, you may notify The Bonne Bell Company by providing Robert Evans with the following information:
Robert Evans can be reached via the webmaster e-mail at firstname.lastname@example.org and by regular mail at:
The Bonne Bell Company
You are prohibited from uploading, posting or otherwise distributing on this web site any unlawful, threatening, obscene, improper, intimidating, libelous, defamatory or slanderous comments, jokes, images or content that are intended to or are likely to offend a reasonable person on the basis of his or her age, physical or mental disability, gender, race, religion, national origin, physical attributes, or any other classification that could produce any civil or criminal liability for either yourself or for The Bonne Bell Company, its affiliates, employees, agents or any such similarly situated persons or entities.
Ownership of Third Party Content:
The Bonne Bell Company may display Content supplied by visitors and other third parties on its web site. The Bonne Bell Company contains no editorial control over this Content. The Content supplied by visitors and other third parties belongs to the respective owners of that Content.
THE BONNE BELL COMPANY, ITS AFFILIATES, EMPLOYEES, AGENTS AND ANY SUCH SIMILARLY SITUATED PERSONS OR ENTITIES ("WE") DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, USEFULNESS OR EXISTENCE OF ANY CONTENT SUPPLIED BY VISITORS OR THIRD PARTIES.
WE DO NOT WARRANT THE MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF ANY CONTENT SUPPLIED BY VISITORS OR THIRD PARTIES.
We shall not, under any circumstances, be liable for any loss, damage or harm caused by your or anyone else's reliance on Content available on this web site that is the property of visitors or third parties. You are solely responsible for evaluating and acting on any Content available on this web site.
THIS WEB SITE IS PROVIDE "AS-IS" AND "AS-AVAILABLE." THE BONNE BELL COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, CONCERNING THE OPERATION OF THIS WEB SITE, THE CONTENT, INFORMATION, AND/OR SERVICES AVAILABLE ON OR THROUGH THIS WEB SITE.
YOU AGREE TO VISIT THIS WEB SITE SOLELY AT YOUR OWN RISK. YOU AGREE TO USE THIS WEB SITE, AND ANY CONTENT, INFORMATION AND/OR SERVICES AVAILABLE THROUGH THIS WEB SITE SOLELY AT YOUR OWN RISK.
WE DO NOT WARRANT THAT THIS WEB SITE WILL BE AVAILABLE AT ALL TIMES OR THAT A VISITOR'S USE WILL BE CONTINUOUS AND/OR ERROR FREE.
WE DO NOT MAKE ANY WARRANTIES THAT THE CONTENT, INFORMATION AND/OR SERVICES AVAILABLE THROUGH THIS WEB SITE ARE ACCURATE, RELIABLE, OR CURRENT.
THE BONNE BELL COMPANY DISCLAIMS, TO THE MAXIMUM EXTENT PERMISSIBLE, ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES OR MERCHANTABILITY.
LIMITATION OF LIABILITY:
THE BONNE BELL COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND/OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THIS WEB SITE.
NEITHER WE, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, SERVING, HOSTING, MAINTAINING AND/OR UPDATING THIS WEB SITE SHALL BE LIABLE, UNDER ANY CIRCUMSTANCES FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND/OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO DAMAGES ARISING FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DETERIORATION OR CORRUPTION OF FILES, DELETION OR CORRUPTION OF E-MAIL, ERRORS, LOSS OF DATA, LOSS OF PROFITS, DEFECTS, VIRUSES, AND/OR DELAYS, THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THIS WEB SITE, RESULTING FROM ACTS INCLUDING, BUT NOT LIMITED TO ACTS OF GOD, NETWORK FAILURE, HARDWARE OR SOFTWARE FAILURE, THEFT, UNAUTHORIZED ACCESS, THE BONNE BELL COMPANY NEGLIGENCE OR YOUR OWN ERRORS AND/OR OMISSIONS, AND ANY OTHER CAUSE, EVEN IF THE BONNE BELL COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THIS SECTION APPLIES TO ALL CONTENT, GOODS AND SERVICES AVAILABLE THROUGH THIS WEB SITE.
IN ANY JURISDICTION WHERE EXCLUSION OR LIMITATION OF LIABILITY FOR ANY TYPE OF DAMAGES IS PROHIBITED, THE BONNE BELL COMPANY LIABILITY IS LIMITED TO THE MAXIMUM EXTENT ALLOWED BY THAT JURISDICTION.
No Joint Venture:
This Agreement provides only for the use of this web site. This Agreement shall not be construed as a teaming, joint venture, or other such arrangement, unless the parties expressly and explicitly execute an agreement to that effect.
You agree to indemnify The Bonne Bell Company for any damages, losses, costs, or expenses that The Bonne Bell Company may incur as a result of your use of this web site. You also agree to indemnify The Bonne Bell Company from any damages, losses, costs or expenses that The Bonne Bell Company may incur as a result of your providing inaccurate or untruthful information to gain access to the services provided through this web site.
You agree to hold The Bonne Bell Company harmless for any damages, losses, costs, or expenses that you may incur as a result of your use of this web site or your use of the Content, information and/or services available through this web site.
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