Acceptance of Terms
Bella Bella provides access to an online service and application that facilitates patient generation for its users through bellabella.app (the “Site”), and related applications—which include all of the text, images, audio, code and other material they contain or provide (collectively, the “Content”) and all of the features and other services they provide. The Site, the mobile app, and any other features, tools, materials, or other services (including co-branded or affiliated services) offered from time to time by Bella Bella are referred to here as the “Service.”
Bella Bella does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use https://bellabella.app only with permission of a parent or guardian.
Changes to the Terms
You consent to receive communications from us electronically and agree that all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
As a result of your registration for the Service, you may also receive certain commercial communications from us. You understand and agree that these communications are part of your registration, and that, to the extent required by law, you may opt out of receiving these communications at any time by either using the unsubscribe functionality or sending an email to firstname.lastname@example.org. Following such an opt-out, we may still communicate with you via email to the extent permitted by applicable law.
In order to use the Service, you must register for an account. By registering as a user of the Service, you agree to provide accurate, current and complete information about yourself as prompted (the “Registration Data”) and maintain and promptly update the Registration Data to keep it accurate, current and complete. If you provide any information that is inaccurate, not current or incomplete, or Bella Bella has reasonable grounds to suspect that the Registration Data is inaccurate, not current or incomplete, Bella Bella may deny you access to the Service, or terminate your account, at its sole discretion.
You must be 18 years or older or the age of majority in the jurisdiction where you reside or from which you use this Service.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Bella Bella is not responsible for third party access to your account that results from theft or misappropriation of your account. Bella Bella and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
You agree to (a) never to use the same password for the Service that you use or have ever used outside of the Service; (b) keep your Username and Password confidential and not share them with anyone else; (c) immediately notify Bella Bella of any unauthorized use of your username and password or account or any other breach of security; and (d) use only your own username and password to access the Service’s Restricted Areas. Bella Bella cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
Links to third party sites/Third party services
The Site may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Bella Bella and Bella Bella is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Bella Bella is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Bella Bella of the site or any association with its operators.
Certain services made available via the Site are delivered by third party sites and organizations. By using any product, service or functionality originating from the Site, you hereby acknowledge and consent that Bella Bella may share such information and data with any third party with whom Bella Bella has a contractual relationship to provide the requested product, service or functionality on behalf of the Site’s users and customers.
No unlawful or prohibited use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Bella Bella or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the Content, in whole or in part, found on the Site. Bella Bella content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the Content without the express written permission of Bella Bella and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Bella Bella or our licensors except as expressly authorized by these Terms.
You retain ownership of all content submitted to Bella Bella through the service. By submitting, posting or displaying Content on or through the Service, you grant us a worldwide, non-exclusive, royalty-free license to use, copy, reproduce, process, adapt, modify, create derivative works from, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed) in connection with Bella Bella’s offering of the Bella Bella service to you.
We may modify, adapt, or create derivative works from your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.
You also grant Bella Bella a license and a non-exclusive right to use names, trademarks, service marks, and logos associated with Your Account to promote the Service.
Additionally, by uploading content to the Site or Service, you warrant, represent and agree that you have the right to grant Bella Bella the license described above. You also represent, warrant and agree that you have not and will not contribute any Content that (a) infringes, violates or otherwise interferes with any copyright or trademark of another party, (b) reveals any trade secret, unless the trade secret belongs to you or you have the owner’s permission to disclose it, (c) infringes any intellectual property right of another or the privacy or publicity rights of another, (d) is libelous, defamatory, abusive, threatening, harassing, hateful, offensive or otherwise violates any law or right of any third party, (e) creates an impression that you know is incorrect, misleading, or deceptive, including by impersonating others or otherwise misrepresenting your affiliation with a person or entity; (f) contains other people’s private or personal information without their express authorization and permission, and/or (g) contains or links to a virus, trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information. Bella Bella reserves the right in its discretion to remove any Content from the Site or Service, suspend or terminate your account at any time, change your Bella Bella subdomain, or pursue any other remedy or relief available under equity or law.
Bella Bella respects the intellectual property rights of others and expects users of the Service to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us.
If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide our copyright agent with the following information in accordance with the Digital Millennium Copyright Act: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (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) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have 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; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated copyright agent for notice of alleged copyright infringement or other legal notices regarding Content appearing on the Service is:
DMCA Copyright Agent
3355 Cherry Ridge St. Ste 104
San Antonio, TX 78230
We reserve the right to remove Content alleged to be infringing or otherwise illegal without prior notice and at our sole discretion. In appropriate circumstances, Bella Bella will also terminate a user’s account if the user is determined to be a repeat infringer.
Third Party Accounts
You will be able to connect your Bella Bella account to third party accounts. By connecting your Bella Bella account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
The Service is controlled, operated and administered by Bella Bella from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Bella Bella Content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Bella Bella, its officers, directors, employees, shareholders, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees and court costs) relating to or arising out of your use of or inability to use the Site or Services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Bella Bella reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Bella Bella in asserting any available defenses.
Binding arbitration and class action waiver
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT
Initial Dispute Resolution
Our Customer Support Department is available by email at email@example.com to address any concerns you may have regarding the Service. Our Customer Service Department is able to resolve most concerns quickly to our customers’ satisfaction. The parties shall use their best efforts through this Customer Service process to settle any dispute, claim, question, or disagreement and engage in good faith negotiations which shall be a condition to either party initiating a lawsuit or arbitration.
If the parties do not reach an agreed upon solution within a period of 30 days from the time of informal dispute resolution under the Initial Dispute Resolution provision, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to these Terms (including their formation, performance and breach), the parties’ relationship with each other and/or your use of the Service shall be finally settled by binding arbitration administered by JAMS in accordance with the provisions of its Comprehensive Arbitration Rules & Procedures, excluding any rules or procedures governing or permitting class actions.
The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to any claim that all or any part of these Terms are void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
The Commercial Arbitration Rules governing the arbitration may be accessed at www.jamsadr.org or by calling JAMS at +1.800.352.5267. The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
Any arbitration will take place in the State of Texas, County of Bexar in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
Class Action Waiver
The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND Bella Bella AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
Exception – Litigation of Intellectual Property and Small Claims Court Claims
Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
30-Day Right to Opt Out
You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt-out to the following address: TML 3355 CHERRY RIDGE ST STE 104, SAN ANTONIO TX 78230. The notice must be sent within 60 days of May 1, 2017 or 30 days of your first use of the Service, whichever is later, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt-out of these arbitration provisions, Bella Bella also will not be bound by them.
Changes to this Section
Bella Bella will provide 30-days’ notice of any changes to this section. Changes will become effective on the 30th day, and will apply prospectively only to any claims arising after the 30th day.
For any dispute not subject to arbitration you and Bella Bella agree to submit to the personal and exclusive jurisdiction of and venue in the federal and state courts located in Bexar County, Texas. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available.
The Terms and the relationship between you and Bella Bella shall be governed by the laws of the State of Texas without regard to conflict of law provisions.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. TEXAS MEDIALINK LLC DBA TML. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE SITE AT ANY TIME.
TEXAS MEDIALINK LLC DBA TML AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. TEXAS MEDIALINK LLC DBA TML AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
THE FAILURE TO EXERCISE OR ENFORCE ANY RIGHT SHALL NOT BE DEEMED TO BE A WAIVER OF THAT RIGHT OR ANY OTHER RIGHT UNDER OR RELATED TO THIS AGREEMENT.
CONFIDENTIAL INFORMATION/NON DISCLOSURE
During the course of such Services, you may be exposed to confidential and proprietary information including but not limited to products, processes, technologies, innovative concepts, customer information, processing capabilities, and information which may be of a personal nature and other valuable personal identity information designated as confidential expressly or by the circumstances in which it is provided (collectively “Confidential Information”). Confidential Information does not include (i) information already known or independently developed by the recipient; (ii) information in the public domain through no wrongful act of the recipient, or (iii) information received by the recipient from a third party who was free to disclose it; (iv) information disclosed to a third party by the owner without restriction. It is agreed that Confidential Information shall not be revealed or disclosed to any third party at any time, except as may be authorized in writing by an officer or authorized representative of the party that is the proprietary owner of the Confidential Information, or when such disclosure is required by law, subject to the receiving Party giving prior notice to Consultant to allow it to seek protective or other court orders. You hereby agree that you shall not use, commercialize or disclose such Confidential Information to any person or entity, except to the individuals having a “need to know”. In the event that the Receiving Party or its Agents become legally compelled to disclose any of the Confidential Information, the Receiving Party shall use its best efforts to promptly notify Consultant and provide reasonable cooperation to Consultant in connection with its efforts to lawfully avoid or limit disclosure and preserve the confidentiality of the Confidential Information in such circumstances.
Both parties acknowledge and agree that the unauthorized disclosure of Bella Bella’ Confidential Information could cause harm and significant injury to the Bella Bella, which may be difficult to ascertain. Bella Bella makes no warranty or representation as to the accuracy or completeness of any information provided to the Receiving Party hereunder; provided that neither party shall knowingly provide any false or misleading information to the other. Upon termination of this Agreement or at the request of Bella Bella, you shall immediately return all Confidential Information and copies thereof, or if directed by Bella Bella, shall immediately destroy all copies of such, and shall furnish proof of their destruction to Bella Bella. Protection of Trade Secrets. Without the prior written consent of Bella Bella, you shall not directly or indirectly disclose or use at any time, either during or subsequent to Bella Bella’ consulting arrangement with you, any trade secrets, know-how, or any other secret or confidential information, knowledge or data of Consultant (“Confidential Information”). Such Confidential Information shall include, but not be limited to, product designs, unique marketing strategies, engineering drawings, and computer programs. Upon termination of this Agreement, or any time prior thereto upon request of Bella Bella, you shall promptly return all property and all Confidential Information which are in your possession or under your control, including all materials which incorporate such Confidential Information.
We guarantee that all services under each of the Bella Bella plans will be delivered in full such as delivering prospect inquiries (patient opportunities); however if we do not fulfill the services sold to you, you will not be required to pay until we deliver the services in full. Although we guarantee that we will generate interest from plastic surgery prospects and receive inquiries from them and send to your practice, Bella Bella can not and does not make any guarantees about your ability to earn any money with our ideas, information, tools, or strategies.
Nothing on this page, any of our websites, or any of our content or curriculum is a promise or guarantee of future earnings, and we do not offer any legal, medical, tax or other professional advice. Any financial numbers referenced here, or on any of our sites, are illustrative of concepts only and should not be considered average earnings, exact earnings, or promises for actual or future performance. Use caution and always consult your accountant, lawyer or professional advisor before acting on this or any information related to a lifestyle change or your business or finances. You alone are responsible and accountable for your decisions, actions and results in life, and by your registration here you agree not to attempt to hold us liable for your decisions, actions or results, at any time, under any circumstance.
Bella Bella reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Texas and you hereby consent to the exclusive jurisdiction and venue of courts in Texas in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this agreement or use of the Site. You agree that Bella Bella does not promise any user exclusivity in any particular market and expressly reserves the right to provide services to your competitors. Bella Bella’ performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Bella Bella’ right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Bella Bella with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Bella Bella with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Bella Bella with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Bella Bella welcomes your questions or comments regarding the Terms:
Email Address: firstname.lastname@example.org