1. Acceptance of terms of use and amendments

Each time you use or cause access to this web site, you agree to be bound by these Terms of use, as amended from time to time with or without notice to you. In addition, if you are using a particular service on this web site or accessed via this web site, you will be subject to any rules or guidelines applicable to those services, and they will be incorporated by reference within these Terms of use. Please read the site’s Privacy policy, which is incorporated within these Terms of Use.

1. Motel Merlot, LLC.’s (DBA Bell Leotards) Service

This web site and the services provided to you on and via this web site are provided on an “AS IS” basis. You agree that Motel Merlot LLC, doing business as Bell Leotards reserves the right to modify or discontinue provision of this web site and its services, and to remove the data you provide, either temporarily or permanently, at any time, without notice and without any liability towards you, Motel Merlot, LLC. will not be held responsible or liable for timeliness, removal of information, failure to store information, inaccuracy of information, or improper delivery of information.

1. Your responsibilities and registration obligations

In order to use this web site or certain parts of it, you may be required to register for a user account on this web site; in this case, you agree to provide truthful information when requested, and — if a minimum age is required for eligibility for a user account — you undertake that you are at least the required age. By registering for a user account, you explicitly agree to this site’s Terms of use, including any amendments made by Motel Merlot, LLC. that are published herein.

1. Age of Consent

By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

1. Privacy Policy

Registration data and other personally identifiable information that the site may collect is subject to the terms of Motel Merlot, LLC.’s Privacy policy.

We have implemented Google Analytics features based on Display Advertising (Google Analytics Demographics and Interest Reporting). You can opt-out of Google Analytics for Display Advertising and customize Google Display Network ads using the Ads Settings. In addition, you can use the Google Analytics Opt-Out Browser Add-on to disable tracking by Google Analytics. We will use the data provided by Google Analytics Demographics and Interest Reporting to develop the site and content around our users’ interests.

1. Registration and Password

You are responsible for maintaining the confidentiality of your password, and you will be responsible for all usage of your user account and/or user name, whether authorized or not authorized by you. You agree to immediately notify Motel Merlot, LLC. of any unauthorized use of your user account, user name or password.

1. Your Conduct

You agree that all information or data of any kind, whether text, software, code, music or sound, photographs or graphics, video or other materials (“content”), made available publicly or privately, will be under the sole responsibility of the person providing the said content, or of the person whose user account is used. You agree that this web site may expose you to content that may be objectionable or offensive. Motel Merlot, LLC. will not be responsible to you in any way for content displayed on this web site, nor for any error or omission.

By using this web site or any service provided, you explicitly agree that:

(a) you will not provide any content or conduct yourself in any way that may be construed as: unlawful; illegal; threatening; harmful; abusive; harassing; stalking; tortious; defamatory; libelous; vulgar; obscene; offensive; objectionable; pornographic; designed to interfere with or disrupt the operation of this web site or any service provided; infected with a virus or other destructive or deleterious programming routine; giving rise to civil or criminal liability; or in violation of an applicable local, national or international law;

(b) you will not impersonate or misrepresent your association with any person or entity; you will not forge or otherwise seek to conceal or misrepresent the origin of any content provided by you;

(c) you will not collect or harvest any information about other users;

(d) you will not provide, and you will not use this web site to provide, any content or service in any commercial manner, or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising or commerce; you will not use this web site to promote or operate any service or content without Motel Merlot, LLC.’s prior written consent;

(e) you will not provide any content that may give rise to Motel Merlot, LLC. being held civilly or criminally liable, or that may be considered a violation of any local, national or international law, including — but not limited to — laws relating to copyrights, trademarks, patents, or trade secrets.

1. Submission of content on this web site

By providing any content to this web site:

(a) you agree to grant Motel Merlot, LLC. a worldwide, royalty-free, perpetual, non-exclusive right and license (including any moral rights or other necessary rights.) to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate, and to create derivative works and compilations, in whole or in part. Such license will apply with respect to any form, media, technology already known at the time of provision or developed subsequently;

(b) you warrant and represent that you have all legal, moral, and other rights that may be necessary to grant Motel Merlot, LLC. the license specified in this section 7;

(c) you acknowledge and agree that Motel Merlot, LLC. will have the right (but not obligation), at Motel Merlot, LLC.’s entire discretion, to refuse to publish, or to remove, or to block access to any content you provide, at any time and for any reason, with or without notice.

1. Third-party services

Goods and services of third parties may be advertised and/or may be made available on or through this web site. Representations made regarding products and services provided by third parties will be governed by the policies and representations made by these third parties. Motel Merlot, LLC. will not in any manner be liable for or responsible for any of your dealings or interaction with third parties.

1. Indemnification

You agree to indemnify and hold harmless Motel Merlot, LLC. and Motel Merlot, LLC.’s representatives, subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders, from any claim or demand, including reasonable legal fees, that may be filed by any third party, arising out of your conduct or connection with this web site or service, your provision of content, your violation of these Terms of use, or any other violation by you of the rights of another person or party.

1. Disclaimer of Warranties

You understand and agree that your use of this web site and of any services or content provided (the “service”) is at your own risk. Services and content are provided to you “as is”, and Motel Merlot, LLC. Expressly disclaims all warranties of any kind, either implied or express, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

Motel Merlot, LLC. Makes no warranty, either implied or express, that any part of the service will be uninterrupted, error-free, virus-free, timely, secure, accurate, reliable, or of any quality, nor is it warranted either implicitly or expressly that any content is safe in any manner for download. You understand and agree that neither Motel Merlot, LLC. Nor any participant in the service provides professional advice of any kind and that any advice or any other information obtained via this web site may be used solely at your own risk, and that Motel Merlot, LLC. Will not be held liable in any way. 

Some jurisdictions may not allow disclaimers of implied warranties, and certain statements in the above disclaimer may not apply to you as regards implied warranties; the other terms and conditions remain enforceable notwithstanding.

1. Limitation of Liability

You expressly understand and agree that Motel Merlot, LLC. Will not be liable for any direct, indirect, special, incidental, consequential or exemplary damages; this includes, but is not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Motel Merlot, LLC. Has been advised of the possibility of such damages), resulting from (i) the use of services or the inability to use services, (ii) the cost of obtaining substitute goods and/or services resulting from any transaction entered into on through services, (iii) unauthorized access to or alteration of your data transmissions, (iv) statements by any third party or conduct of any third party using services, or (v) any other matter relating to services. 

In some jurisdictions, it is not permitted to limit liability and, therefore, such limitations may not apply to you.

1. Reservation of rights

Motel Merlot, LLC. reserves all of Motel Merlot, LLC.’s rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that Motel Merlot, LLC. may have in respect of this web site, its content, and goods and services that may be provided. The use of  Motel Merlot LLC.’s rights. and property requires Motel Merlot, LLC.’s prior written consent. By making services available to you, Motel Merlot, LLC. is not providing you with any implied or express licenses or rights, and you will have no rights to make any commercial use of this web site or provided services without Motel Merlot, LLC.’s prior written consent.

All photographs displayed on Motel Merlot LLC's website are original works of authorship owned and copyrighted by Motel Merlot, LLC. Absent express permission of Motel Merlot, LLC, you may not copy, display, reproduce, distribute, use for commercial gain, or otherwise exploit said photographs.

1. Notification of copyright infringement

If you believe that your property has been used in any way that could be considered a copyright infringement or a violation of your intellectual property rights, Motel Merlot, LLC.’s copyright agent may be contacted via email: info@motelmerlot.com

1. Online Orders

When placing an order on our Site, you are effectively offering to purchase whatever products and services you select. We reserve the right to accept or reject any order in our own discretion. We will only accept or reject an order in its entirety. Should we elect to accept your offer, you will receive a confirming email at the email address that you provide at such time. Notwithstanding, we reserve the right to cancel any order once accepted by us (as evidenced by a confirming email) at any time in our sole discretion. Additionally, you have the option of cancelling your order (in its entirety only) at any time prior to our having sent to you the confirming email referenced herein.

1. Shipping Information

It is our responsibility to ship your accepted order to you at the address you provide when making the order. While we agree to use reasonable efforts to meet the shipping and delivery dates provided online, we shall not be responsible for any delays in shipments. Title and risk of loss pass to you upon delivery.

1. Returns

Except for any products designated on the Site as final sale or non-returnable, if you, for any reason, are not satisfied with your order, you may return it for a refund; provided: (i) the items(s) were not designated as non-returnable; (ii) your return is made within thirty (30) days of delivery; and (iii) the merchandise is returned in the same condition as originally received by you. Once the goods are received by us, we will issue a refund of your purchase. The customer will receive an email confirmation that the goods have been received and a refund has been issued to the card used at checkout. All returns must be made pursuant to the specific return procedure specifically set forth on the Site. You are responsible for all shipping and handling costs on returned items, unless otherwise specified. You bear the risk of loss or damage during shipment (other than when returning non-conforming merchandise) and as such, you are advised to obtain appropriate insurance. All sales on custom merchandise are final and can not be returned for a refund. 

1. Links

When you click on links on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.

1. Applicable law

You agree that these Terms of Use and any dispute arising out of your use of this web site or products or services provided will be governed by and construed in accordance with local laws applicable at Motel Merlot, LLC.’s domicile, notwithstanding any differences between the said applicable legislation and legislation in force at your location. By registering for a user account on this web site, or by using this web site and the services it provides, you accept that jurisdiction is granted to the courts having jurisdiction over Motel Merlot, LLC.’s domicile, and that any disputes will be heard by the said courts.

1. Miscellaneous information

(i) In the event that any provision of these Terms of Use is deemed to conflict with legislation by a court with jurisdiction over the parties, the said provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of use will remain valid and applicable;

(ii) The failure of either party to assert any right under these Terms of use will not be considered to be a waiver of that party’s right, and the said right will remain in full force and effect;

(iii) You agree that any claim or cause in respect of this web site or its services must be filed within one (1) year after such claim or cause arose, or the said claim or cause will be forever barred, without regard to any contrary legislation;

(iv) Motel Merlot, LLC. may assign Motel Merlot, LLC.’s rights and obligations under these Terms of use; in this event, Motel Merlot, LLC. will be relieved of any further obligation.

 

21. SMS/MMS Mobile Message Marketing Program Terms and Conditions

Bell Leotards (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in, subject to these Mobile Messaging Terms and Conditions (the “Agreement”). We may modify or cancel the Program or any of its features without notice. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts. We may also modify this Agreement at any time and your continued use of the Program following the effective date of any such changes shall constitute your acceptance of such changes.

The Program allows Users to receive SMS/MMS mobile messages by opting into the Program, such as through online or application-based subscription forms. Your consent to receive automated marketing text messages is not required as a condition of purchasing any goods or services. Regardless of the opt-in method you used to join the Program, you agree that this Agreement applies to your participation in the Program. If you have opted in, the Program provides updates, alerts, information, promotions, specials, and other marketing offers (e.g., product discounts) from Bell Leotards via text messages through your wireless provider to the mobile number you provided. SMS/MMS mobile messages may be sent using an automated telephone dialing system or other technology. Message frequency varies. You are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.

If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP to any mobile message from Us in order to opt-out of the Program. You may receive an additional mobile message confirming your decision to opt-out. You understand and agree that the preceding options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

For any questions please text "HELP" to the number you received the messages from. You can also contact us for more information. If you wish to opt-out please follow the procedures above.

We may change any telephone number we use to operate the Program at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Program are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. You agree to maintain accurate, complete, and up-to-date information with us related to your receipt of messages, including, without limitation, notifying us immediately if you change your mobile number.

You agree to indemnify, defend, and hold us harmless from any third-party claims, liability, damages, or costs arising from your use of the Program or from you providing us with a phone number that is not your own. If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the Opt-Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a required part of these terms and conditions. You further agree that, if you change your telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the SMS/MMS mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.

You agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Program, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18), and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.