(ALL WEBSITE/PORTAL USERS)
Last modified: 10/1/2019
Ownership of and Access to the Sites
The Sites are published and maintained by or for Bell for your reference and information. You are welcome to browse, download from, communicate with, and otherwise use the Sites subject to the terms and conditions contained herein and, if applicable, the Subscription Agreement, and all applicable laws, rules, and regulations. Bell retains the right to refuse you access to the Sites or any of its resources, and to terminate or suspend your access at any time.
Restrictions on Use
The Sites may be, from time to time, linked to other websites that are not maintained by, or related to, Bell. Links to such websites are provided as a convenience to users and are not sponsored by or affiliated with the Sites or Bell.
Bell has not reviewed any or all of such websites, has no control over the content of those websites, and accepts no responsibility for them or any loss or damage that may arise from your use of them. Links are to be accessed at your own risk and subject to the terms and conditions of use for such websites, and Bell makes no representations or warranties about the content, completeness or accuracy of any links or the websites linked to the Sites. Further, the inclusion of any link to a third-party website does not necessarily imply endorsement by Bell of that website.
Password Protection. You must have a password to access the Services online via your account. You are responsible for maintaining the secrecy of your password and protecting against unauthorized use of your password. You also are responsible for all activities that occur under your password and user name or your account made by you or others. You will immediately notify Bell if your password is lost, stolen, disclosed to an unauthorized third party or otherwise has been compromised or if there is any other breach of security. You must ensure that you exit from your account at the end of each session. You will be permitted to access only those portions of the Sites for which you have been granted permission to use by Bell.
Account Requirements. In consideration of your use of the Sites and the Services, you agree to: (i) provide true, accurate, current and complete information about yourself as prompted by our account activation form; and (ii) maintain and promptly update such account information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such account information is untrue, inaccurate, not current or incomplete, Bell reserves the right to suspend or terminate your account and refuse any and all current or future use of the Sites or the Services or any portion thereof.
Boards & Other Public Forums. As part of your account, you may be given access to participate in certain bulletin boards, message boards, blogs, chatrooms, instant messaging and other public forums.
Bell reserves the right to edit or abridge content for any reason and to edit, refuse to post or remove any content submitted by you or others.
Bell cannot and does not guarantee that it will post every content submitted or that such content will not be offensive, defamatory, or objectionable. Although Bell reserves the right to remove without notice any posting for any reason, Bell has no obligation to delete content that you personally may find objectionable or offensive.
Availability of Service. Bell reserves the right to establish general practices and limits concerning the Services and user accounts at any time (and may modify such practices and limits at its sole discretion), including without limitation the maximum number of days that your or any third-party’s information or content will be retained and the maximum amount of disk space that will be allotted on Bell’s servers on your behalf. Without limiting the foregoing, you agree that Bell shall have no responsibility or liability for the deletion or failure to deliver or store your content on any other public forum, or any information, pictures, or content provided by or stored by you on any public forum, regardless of whether such deletion or failure was due to the established practices or limits of the Services or as a result of error, intentional misconduct, or negligence of Bell. You acknowledge that Bell reserves the right to log off accounts that are inactive for an extended period of time and reserves the right at any time, and from time to time, to modify or discontinue, either temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that Bell shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Services.
YOU ACKNOWLEDGE THAT BELL CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MAY MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION, AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO THE SITES FOR THE RECONSTRUCTION OF ANY LOST DATA. BELL DOES NOT ASSUME ANY RESPONSIBILITY OR RISK FOR YOUR USE OF THE INTERNET.
WHILE BELL ENDEAVORS TO KEEP THE MATERIALS ON THE SITES CURRENT, INFORMATION WITHIN OUR INDUSTRY CHANGES RAPIDLY AND THUS, THE MATERIALS ON THE SITES SHOULD NOT BE RELIED UPON TO BE FULLY COMPREHENSIVE OR ERROR FREE. THE CONTENT IS NOT NECESSARILY COMPLETE OR UP-TO-DATE AND SHOULD NOT BE USED TO REPLACE ANY WRITTEN REPORTS, STATEMENTS OR NOTICES PROVIDED BY BELL. YOU SHOULD USE THE CONTENT IN THE SAME MANNER AS ANY OTHER PUBLIC MEDIUM AND SHOULD NOT RELY ON THE CONTENT TO THE EXCLUSION OF YOUR OWN JUDGMENT. INFORMATION OBTAINED BY USING THE SITES IS NOT EXHAUSTIVE AND DOES NOT COVER ALL ISSUES, TOPICS, OR FACTS THAT MAY BE RELEVANT TO YOUR GOALS.
IN CERTAIN PARTS OF THE SITES (PARTICULARLY FORUMS AND BLOGS), BELL MAY PERMIT THIRD PARTIES TO PROVIDE ADVICE, COMMENTS AND INFORMATION FOR INFORMATIVE AND EDUCATIONAL PURPOSES IN FURTHERANCE OF BELL’S SERVICES.
BELL MAY FROM TIME TO TIME POST INFORMATION PROVIDED BY THIRD PARTIES THAT MIGHT BE OF INTEREST OR BENEFIT TO THE PUBLIC. SUCH POSTINGS ARE FOR YOUR CONVENIENCE ONLY. YOU ACKNOWLEDGE THAT, IRRESPECTIVE OF POSTINGS, THE OPINIONS AND RECOMMENDATIONS OF THIRD PARTIES CONTAINED ON THE SITES ARE NOT NECESSARILY THOSE OF BELL OR ENDORSED BY BELL.
YOUR USE OF THE SITES AND THE SERVICES IS AT YOUR OWN RISK. THE SITES, SERVICES AND THE CONTENT ARE PROVIDED "AS IS", “AS AVAILABLE,” "WITH ALL FAULTS", AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED.
BELL, ON BEHALF OF ITSELF AND ITS LICENSORS AND SUBCONTRACTORS, DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COURSE OF DEALINGS, USAGE OF TRADE, INACCURACY IN CONTENT CAUSED BY OUR FAILURE TO PERFORM WITH REASONABLE CARE, OR NON-INFRINGEMENT.
BELL DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THE SITES OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES, SERVICES OR THE SERVER/COMPUTER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PROVIDED BY LAW, BELL WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES OR TO YOUR DOWNLOADING OF ANY MATERIAL ON THE SITES, OR ANY WEBSITES LINKED TO THE SITES.
BELL DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND BELL MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME WITHOUT NOTICE.
YOU, AND NOT BELL, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE SITES OR THEIR CONTENT.
BELL MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.
ALL OF THE INFORMATION IN THE SITES, WHETHER HISTORICAL IN NATURE OR FORWARD-LOOKING, SPEAKS ONLY AS OF THE DATE THE INFORMATION IS POSTED ON THE SITES, AND BELL DOES NOT UNDERTAKE ANY OBLIGATION TO UPDATE SUCH INFORMATION AFTER IT IS POSTED OR TO REMOVE SUCH INFORMATION FROM THE SITES IF IT IS NOT, OR IS NO LONGER, ACCURATE OR COMPLETE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE BELL PARTIES’ AGGREGATE AND COMPLETE LIABILITY TO YOU AND ANY THIRD PARTY IN CONNECTION WITH ANY AND ALL OF ITS SERVICES PROVIDED VIA THE SITES, HOWEVER ARISING, EXCEED A MAXIMUM OF US$100.00.
YOU HEREBY INDEMNIFY AND AGREE TO HOLD HARMLESS THE BELL PARTIES FROM AND AGAINST ANY AND ALL LIABILITY AND EVERY LOSS, COST, CLAIM, DEMAND, CAUSE OF ACTION AND EXPENSE (INCLUDING, WITHOUT LIMITATION, THE COST OF INVESTIGATING ANY CLAIM, THE COST OF LITIGATION AND ATTORNEYS’ FEES, WHETHER OR NOT LEGAL PROCEEDINGS ARE INSTITUTED) PAID OR INCURRED BY ANY ONE OR MORE OF THEM ARISING FROM, ATTRIBUTABLE TO, OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF THE SITES, THE CONTENT, OR ANY INFORMATION OR SERVICES PROVIDED THROUGH THE SITES.
Waiver of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, THE BELL PARTIES SHALL NOT BE LIABLE TO YOU FOR ANY LOSS, COST, DAMAGE, CLAIM, DEMAND, CAUSE OF ACTION OR EXPENSE (INCLUDING, WITHOUT LIMITATION, THE COST OF INVESTIGATING ANY CLAIM, THE COST OF LITIGATION AND ATTORNEYS’ FEES, WHETHER OR NOT LEGAL PROCEEDINGS ARE INSTITUTED), OR ANY COMPENSATORY, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF PROFITS), ARISING FROM ANY ACCESS TO, USE, OPERATION OR FAILURE OF ANY AND ALL SITES, OR ANY CONTENT, INFORMATION OR ANY SERVICES PROVIDED BY, THROUGH OR IN CONNECTION WITH THE SITES.
CERTAIN STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR CERTAIN OTHER TYPES OF DAMAGES, SO THE EXCLUSIONS SET FORTH IN THIS AGREEMENT MAY NOT APPLY TO YOU TO THE EXTENT NOT ALLOWED IN SUCH STATE OR JURISDICTION.
All right, title and interest in the Sites and any content included or available on the Sites, such as advertisements, text, graphics, logos, button icons, images, audio clips, service marks, and software, is the exclusive property of Bell, its licensors and/or subcontractors, and/or other third parties (unless it is content that you have provided) and is protected by copyrights, trademarks, or other intellectually and proprietary rights. The compilation (meaning the collection, arrangement, and assembly) of all content on the Sites is the exclusive property of Bell and/or third parties (unless it is a compilation that you have provided) and is protected by copyrights or other intellectual property rights.
Bell and any party that provided trademarks, service marks, and logos to Bell retain all rights with respect to any of their respective trademarks, service marks, and logos appearing in the Sites.
The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on the Sites are registered and unregistered trademarks of Bell and others. You must not use such Trademarks without the prior written permission of Bell or the appropriate other party. Nothing contained on any Sites should be construed as granting by implication, estoppel, or otherwise, any license or right to use any Trademarks displayed on the Sites without the prior express written permission of Bell or such party that may own the Trademark. Misuse of any Trademarks, or any other content, displayed on the Sites is prohibited.
Prohibited Uses and Information
- · in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
- · for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
- · to transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation;
- · to impersonate or attempt to impersonate any Bell Parties, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing);
- · to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of any Sites, or which, as determined by us, may harm Bell or other users of any Sites, or expose them to liability.
Additionally, you agree not to:
- · use any Sites in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of any Sites, including their ability to engage in real time activities through any Sites;
- · use any robot, spider, or other automatic device, process, or means to access any Sites for any purpose, including monitoring or copying any of the material on any Sites;
- · use any device, software, or routine that interferes with the proper working of any Sites;
- · introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
- · attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of any Sites, the server on which any Sites are stored, or any server, computer, or database connected to any Sites;
- · attack any Sites via a denial-of-service attack or a distributed denial-of-service attack; or
- · otherwise attempt to interfere with the proper working of any Sites.
You agree not to post, send, submit, publish, or transmit in connection with the Sites any material that:
- • you do not have the right to post, including proprietary material of any third party;
- • advocates illegal activity or discusses an intent to commit an illegal act;
- • is vulgar, obscene, pornographic, indecent, or otherwise objectionable;
- • does not pertain directly to the Sites;
- • threatens or abuses others, libels, defames, invades privacy, stalks, is racist, abusive, harassing, threatening or offensive;
- • seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
- • infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity or privacy;
- • violates any law or may be considered to violate any law;
- • impersonates any person or entity, including, without limitation, Bell, or one of Bell’s or other’s officers or employees (including Bell’s licensors and/or subcontractors) or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
- • advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on the Sites;
- • solicits funds, advertisers or sponsors;
- • includes programs that contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
- • disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to use the Sites or to engage in real time activities via the Sites;
- • interfere with or disrupt any services or equipment with the intent of causing an excessive or disproportionate load on Bell or its licensors or suppliers’ infrastructure;
- • involves the preparation and/or distribution of "junk mail", "spam", "chain letters", "pyramid schemes" or other deceptive on-line marketing practices or any unsolicited bulk email or unsolicited commercial email or otherwise in a manner that violates the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM Act of 2003), Canada’s anti-spam legislation (S.C. 2010, c. 23) or any other applicable law regulating this subject matter;
- • would encourage conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international laws or regulations;
- • involves the unauthorized entry to any machine accessible via the Services or interference with the Sites or any servers or networks connected to the Sites or disobey any requirements, procedures, policies or regulations of networks connected to the Sites, or attempt to breach the security of or disrupt Internet communications on the Sites (including without limitation accessing data to which you are not the intended recipient or logging into a server or account for which you are not expressly authorized);
- • collect or store personal data about other account users or attempt to gain access to other account users’ accounts or otherwise mine information about other account users or the Sites;
- • execute any form of network monitoring or run a network analyzer or packet sniffer or other technology to intercept, decode, mine or display any packets used to communicate between the Sites’ servers or any data not intended for you;
- • attempt to circumvent authentication or security of any content, host, network or account (“cracking”) on or from the Sites;
- • as determined by Bell, are contrary to Bell Parties’ public image, goodwill, reputation or business interests;
- • amounts to a “pyramid’ or similar scheme;
- • disobeys any policy or regulations established from time to time regarding use of the Sites or any networks connected to the Sites; or
- • contains hyper-links to other websites that contain content that falls within the descriptions set forth above.
IMPROPER USE OF THE SITES WILL RESULT IN LOSS OF YOUR ACCOUNT ACCESS AND MAY RESULT IN CIVIL AND CRIMINAL LIABILITIES.
Web Beacons and Cookies
Term & Termination
Bell shall not be obligated to return or provide copies of any information, files or content in your account to you upon deactivation.
You agree that the Bell shall not be liable to any third-party for any termination or deactivation of your access to your account(s) or the Sites.
You will be responsible for the security of any username or password that may be issued to you by Bell or that you may acquire or obtain. Usernames and passwords will generally only be provided by Bell to representatives and agents of those persons, entities, or organizations that participate in the electronic funds transfer network operated by Bell. In any event, usernames and passwords shall be issued by Bell in Bell’s sole and absolute discretion. Bell will be entitled to monitor your username and password and, at its discretion, require you to change either or both of them. If you use a username and/or password that Bell considers insecure, Bell will be entitled to require the username and the password to be changed or Bell may terminate your account.
You are prohibited from using any services or facilities provided in connection with the Sites to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Bell reserves the right to release your details to system administrators at other websites in order to assist them in resolving security incidents.
Bell reserves the right to share, assign or transfer the Sites (or any part thereof) and your account information to any of our affiliates, subcontractors or any successor in interest to our organization by merger, reorganization, or operation of law.
Notice of Claims of Intellectual Property Violations
The content of the Sites may include pictures, information, statements, blog or forum entries, letters, marks, slogans and other content uploaded or provided by third parties or otherwise received from third parties.
Bell reserves the right to, but it is not obligated to, review all such materials prior to posting.
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work or mark or publicity right claimed to have been infringed, or, if you believe that multiple works, marks or publicity rights have been infringed on the Sites, a representative list of such works, marks or publicity rights.
- 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 Bell to locate the material.
- Information reasonably sufficient to permit Bell to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the owner, its agent, or the law.
- 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 owner of an exclusive right that is allegedly infringed.
Bell’s agent for the notice of any claim of infringement of any copyright or trademark or right of publicity is its Authorized Agent, who can be reached, as follows:
By mail: Bell Sensing Technologies, 3699 Kinsman Blvd., Madison, WI 53704
Please provide all of the information requested above. No specific form is required to provide Bell with notifications of possible infringement. However, it will take Bell longer to process your notice if any of this information is not provided, and in some cases, we may not be able to process your notice. Also please note that, due to security concerns, attachments cannot be accepted. Accordingly, any notification of possible infringement submitted electronically with an attachment will not be received or processed.
Deactivation of the Sites
THE SITES ARE MANAGED IN THE STATE OF WISCONSIN, UNITED STATES OF AMERICA AND ARE INTENDED FOR USE SOLELY IN THE UNITED STATES AND CANADA BY UNITED STATES AND CANADIAN RESIDENTS.
BELL MAKES NO CLAIM OR REPRESENTATION THAT IT OPERATES (OR IS LEGALLY PERMITTED TO OPERATE) IN ALL GEOGRAPHIC AREAS.
BELL MAKES NO REPRESENTATION THAT THE SITES, SERVICES OR INFORMATION FOUND THROUGH THE SITES OR SERVICES IS APPROPRIATE OR AVAILABLE FOR USE IN ALL GEOGRAPHIC LOCATIONS, AND ACCESSING THE SITES FROM TERRITORIES WHERE THE CONTENT OF THE SITES IS ILLEGAL IS EXPRESSLY PROHIBITED. IF YOU ACCESS THE SITES FROM OUTSIDE THE UNITED STATES OR CANADA, YOU DO SO ON YOUR OWN INITIATIVE AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAWS.
Bell may from time to time in its sole discretion engage third parties to provide the Sites and/or perform the Services, and/or any part thereof. All rights, licenses, powers, remedies and privileges granted herein to Bell shall apply to all such subcontractors.