Terms of Service

Effective Date: November 1, 2020


Belly Blaze and/or its parent company (collectively, “Belly Blaze” or “We”) provide content and products to you when you visit or shop at bellyblaze.com (the “Site”). These Terms of Use and Conditions of Sale (“Agreement” or “Terms”) Site is a legally binding agreement made by and between us and users of the Site (“You”), which governs the use of the site and the services, content, features, and offers provided on this Site.


BY ACCESSING OR USING ANY PART OF THE SITE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO BE SO BOUND, DO NOT ACCESS OR USE THE SITE. Your use of the Site, purchase or use of any Belly Blaze products constitutes your agreement to these Terms. . PLEASE READ THESE TERMS CAREFULLY. THEY CONTAIN A MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER.


PRIVACY

Please review our Privacy Policy to understand our practices regarding personal information provided by you, which is incorporated herein by reference.


LIMITATION OF LIABILITY

You expressly absolve and release Belly Blaze from any claim resulting from a cause beyond Belly Blaze control, including, but not limited to, failure of electronic or mechanical equipment, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes, or other labor problems, wars, or governmental restrictions. To the full extent permitted by law, we exclude all liability in respect of loss of data, interruption of business or any consequential or incidental damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BELLY BLAZE BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITE, SERVICES, OR PRODUCTS WITH THE DELAY OR INABILITY TO USE THIS WEBSITE, THE USE OF ANY BELLY BLAZE SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF BELLY BLAZE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.


INTELLECTUAL PROPERTY RIGHTS

The contents of the Site, including all software, design, text, graphics, images, photographs, illustrations, audio and video material, artwork, databases, user interfaces, visual interfaces, sounds, artwork, presentations in any format, computer code (including html code), products, information, and documentation, as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of the Site (collectively, “Material”) unless otherwise indicated, are owned, controlled, and licensed by Belly Blaze or its licensors. Any rights granted hereby are expressly licensed. Belly Blaze does not grant any implied right to you or any other person and does not transfer or assign any ownership or intellectual property interest or title in or to the Site (or any part thereof) to you or anyone else. Accordingly, your unauthorized use of the Site (including any Material) may violate intellectual property or other proprietary rights laws as well as other laws, regulations, and statutes. The Site and Material is Copyright ©2020 Belly Blaze, LLC and/or its licensors. You must not alter, delete or conceal any copyright or other notices contained on the Site or Material, including notices on any audio/visual material you access, download, transmit, display, print or reproduce from the Site. You shall not, nor will you allow any third party (whether or not for your benefit), to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website), or otherwise use, any Material without the express prior written consent of Belly Blaze or its owner if Belly Blaze is not the owner. Belly Blaze and all other names, logos, and icons identifying Belly Blaze and its products and services are proprietary trademarks of Belly Blaze (or its affiliates), and any use of such marks, including, without limitation, as domain names or account identifiers, without the express written permission of Belly Blaze is strictly prohibited. Other product and company names mentioned herein or on the Site may be the trademarks and/or service marks of their respective owners, who may or may not be affiliated with or sponsor or endorse us (and who may or may not be endorsed by us). You may print a copy of the Material on your computer only for your own personal, non-commercial home use, provided that you do not remove any copyright, trademark or other proprietary notices from the Material. Any other use of the Material is strictly prohibited.


NOTICE AND TAKE-DOWN PROCEDURES; COPYRIGHT AGENT

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 have been otherwise violated, you can submit a Notice of Claimed Infringement (NOCI) to Belly Blaze by providing the following information:

A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed;
Identification or description of the copyrighted work or other intellectual property that you claim has been infringed. If you are asserting infringement of an intellectual property right other than copyright, please specify the intellectual property right at issue (for example, trademark or patent);
Identification or description of where the material that you claim is infringing is located on the Site, with enough detail that Belly Blaze may find it on the Site;
Your address, telephone number, and email address;
A statement by you that you have a good faith belief that the use of the material complained of is not authorized by the copyright owner or intellectual property owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Our agent designated to receive claims of copyright or other intellectual property infringement may be contacted as follows:

Att: The Manager
Belly Blaze
4335 Van Nuys Blvd #372
Sherman Oaks, CA 91403



THIRD PARTY SITES

Bellyblaze.com may contain links to other websites on the Internet that are owned and operated by third parties. We do not control the information, products or services available on these third party websites. The inclusion of any link does not imply our endorsement of the applicable website or any association with the website's operators. Because we have no control over such websites and resources, you agree that we are not responsible or liable for the availability or the operation of such external websites, for any material located on or available from any such websites or for the protection of your data privacy by third parties. Any dealings with, or participation in promotions offered by, advertisers on the website, including the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the applicable advertiser or other third party. You further agree that we shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on or through any such website or any such dealings or promotions. If you decide to access any of the third party websites linked to this Site, you do this entirely at your own risk.


ORDERS

To submit an order (“Order”) for products on the Site (“Products”), you must complete and submit the online order following the directions on the Site. We reserve the right to refuse any Order for any reason. In such case, we will notify you as soon as reasonably practicable and refund to you any payment in full. All Products ordered are for personal use and gifting only. They must not be resold in any form or any place and we reserve the right to take legal action against unauthorized and unofficial sale of our Products.


PRICES AND PAYMENT

A user may view prices published on the Site (“Prices”) in their own country’s currency but all prices shown at the final checkout point of the sale are shown in US Dollars. Depending on the currency that you use to pay for a Product, the Price you pay may fluctuate. You are also responsible for any applicable shipping, customs and/or duty fees incurred. We are entitled to claim from you any appropriate taxes, levies or other charges of whatever nature payable on the supply of the Products in that jurisdiction. Prices, including applicable shipping fees and taxes, are subject to change. Discount codes cannot be applied with any additional promotion. We limit 1 discount code per order.*


SUBSCRIPTION TERMS

By completing your purchase of a Belly Blaze subscription item, you will be enrolled in our subscription program. Unless you cancel, about every 4 weeks, you will receive a new supply of your Belly Blaze product and you will be charged at your standard subscription rate to the payment card you provide today at the time of each shipment. Please note that the original shipping option will continue (including charges if applicable). To cancel your subscription at any time, email us at [email protected], or manage your subscription online under your Account Settings. Payments are nonrefundable, and there are no refunds for partially used or unused packs.



NO WARRANTY

Subject to the following clauses and to the fullest extent permitted by law, we give no warranty in respect of the Products. For consumers the Products come with non-excludable statutory warranties and guarantees under consumer protection legislation, such as we are the rightful owner, the Products are reasonably fit for their usual purpose, are of acceptable quality, and match any description or sample. If we breach any of these non-excludable warranties or guarantees, you are entitled, at your option, to a refund or replacement of the relevant Products, and to compensation for any reasonable foreseeable loss. You may also have express rights of action against us under consumer protection legislation if we supplied defective Products to you that cause you injury, loss or damage.


GOVERNING LAW

This Agreement has been made in and will be construed and enforced in accordance with the laws of the State of California, without regard to principles of conflict of laws thereof.


ARBITRATION

All disputes arising out of or relating to any purchase you make with via this Site, any information you provide via the Site, these Terms (including the formation, performance or alleged breach), and your use of the Site will be exclusively resolved under confidential binding arbitration in accordance with the Rules of the American Arbitration Association (“AAA”), including the AAA’s Supplementary Procedures for Consumer-Related Disputes (collectively, the “AAA Rules”) then in effect at the time of the dispute. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. If you initiate arbitration, Belly Blaze will promptly reimburse you for any standard filing fee which may have been required under AAA Rules once you have notified Belly Blaze in writing and provided a copy of the arbitration proceedings. However, if Belly Blaze is the prevailing party in the arbitration, applicable law may allow the arbitrator to award attorneys’ fees and costs to Belly Blaze. If for any reason the AAA is unavailable, the parties shall mutually select another arbitration forum. The arbitration will be conducted in the city of Los Angeles, California, but may proceed telephonically if the claimant so chooses.

The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms may be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise. Notwithstanding the foregoing, we will have the right to seek injunctive or other equitable relief in state or federal court located to enforce these Terms or prevent an infringement of a third party’s rights. In the event equitable relief is sought, each party hereby irrevocably submits to the personal jurisdiction of such court.


WAIVER OF CLASS ACTION RIGHTS

ANY DISPUTES ARISING OUT OF OR RELATING TO ANY PURCHASE YOU MAKE WITH VIA THIS SITE, ANY INFORMATION YOU PROVIDE VIA THE SITE, THESE TERMS (INCLUDING THEIR FORMATION, PERFORMANCE OR ALLEGED BREACH), AND YOUR USE OF THE SITE SHALL BE SUBMITTED INDIVIDUALLY BY YOU, AND SHALL NOT BE SUBJECT TO ANY CLASS ACTION OR REPRESENTATIVE STATUS. BY ENTERING INTO THIS TOS, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS or participate as a member of a class of claimants with respect to any claim submitted to arbitration. The parties to this arbitration agreement acknowledge that this class action waiver is material and essential to the arbitration of any disputes between the parties and is nonseverable from the agreement to arbitrate claims. If any portion of this class action waiver is limited, voided, or cannot be enforced, then the parties' agreement to arbitrate shall be null and void. YOU UNDERSTAND THAT BY AGREEING TO THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST BELLY BLAZE IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING AND YOU ARE GIVING UP THE RIGHT TO LITIGATE THROUGH A COURT, OR TO HAVE A JUDGE OR JURY DECIDE YOUR CASE.


MODIFICATION

We may vary these Terms at any time by publishing a revised version of the Terms on this Site. You can review the most current version of the Terms at any time on this page. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site, and/or purchase of Products from us following the posting of any changes constitutes acceptance of those changes.


TERMINATION

We may terminate or suspend this Agreement or operation of or access to the Site at any time without notice to you. Without limiting the foregoing, Belly Blaze shall have the right to immediately terminate your access to the Site in the event of any conduct by you which Belly Blaze, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of this Agreement.


HEALTH DISCLAIMER

Results from consuming the products offered on the Site may vary from person to person. Please do not use the products available on the Site when pregnant or breast feeding. You should consult your doctor before using the products offered on the Site, or any dietary supplement. The statements on the Site have not been evaluated by the Food and Drug Administration, and the products offered on the Site are not intended to diagnose, treat, cure, or prevent any disease.


MISCELLANEOUS

These Terms constitute the whole agreement between you and Belly Blaze relating to its subject matter and supersedes all prior discussions and agreements between you and Belly Blaze relating to the subject matter of these Terms. The failure of Belly Blaze to exercise or enforce any right or provision of this Agreement does not constitute a waiver of any such right or provisions. If a provision of these Terms is invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions. Each party must at its own expense do everything reasonably necessary to give full effect to this Agreement and the events contemplated by it. If any provision of these Terms is found by an arbitrator or court of competent jurisdiction to be invalid, such term shall be severed and the remaining terms shall be unaffected. Certain provisions in this Agreement, including the Limitation of Liability and No Warranty sections, are inapplicable and unenforceable in New Jersey.


CONTACT US

Questions about the Terms of Use and Conditions of Sale should be sent to use at [email protected].