1. General; Agreement to Terms; Users
These Terms of Use (“Terms”) and the separately posted Privacy Policy (https://sellabella.com/privacy) which is incorporated herein by reference, together govern your access and use of this website https:// sellabella.com (the “Site”). The Site is operated by Sellabella, Inc., a Delaware corporation (“Sellabella,” “we,” “our,” or “us”) having offices at 436 Southbridge St #1017 Suite 2, Auburn, MA 01501. These Terms is a is a binding legal agreement between Sellabella and users of this Site and its Services, and sets forth what we expect from users of the Site, and what activities are not permitted on or in connection with the Site. Please read these Terms carefully before you start to use the Site. If there's anything you don't understand in these Terms and/or any other terms or information published or made available through the Site, please contact us using the contact information below.
BY ACCESSING OR USING THE SITE, YOU ACCEPT AND AGREE TO BE BOUND BY AND COMPLY WITH THESE TERMS OF USE, THE SEPARATELY POSTED PRIVACY POLICY, AND APPLICABLE LAWS AND REGULATIONS IN CONNECTION WITH YOUR USE OF THE SITE. If you do not agree to be bound by these Terms, the Privacy Policy and all applicable laws, you are required to leave the Site and discontinue any use of the Site and the services provided on or through the Site. These Terms and the information provided on the Site do not modify or supersede and in no way override the terms and conditions of any written services agreements, license agreements, or similar agreements between you and Sellabella. The Site and its services (together as “Services”) are offered and available to users who are 18 years of age or older. By using the Services, you represent and warrant that you meet the foregoing requirement and can form a legally binding contract with us under applicable law.
2. Changes in Terms
Sellabella shall have the right, in its sole discretion, at any time and without prior notice, to revise these
Terms or to impose new terms and conditions with respect to access to or use of the Services. Such
revisions and additions shall be effective immediately upon notice thereof, which may be given by any
means, including but not limited to posting the revised or additional terms and conditions on the Services.
The date of the last revision of the Terms will appear at the top of these Terms. You are responsible for
reviewing the Site periodically for any modification to these Terms. You agree that you shall be deemed to
be apprised of and bound by any revisions or additions by Sellabella to the Terms. Your continued use of the
Services after any such changes to the Terms constitutes your acceptance of the new Terms, whether or not
you actually reviewed them. No modification to these Terms by any party other than Sellabella shall be valid
or enforceable against us unless expressly agreed to by us in writing signed by a duly authorized officer of
Sellabella.
3. Compliance with laws
You agree to comply with all laws, statutes, ordinances, and regulations regarding your use of the Site and Services.
4. Account Registration
You may browse through our Site freely, but to use our Services you are required to register a user account. Users must be at least 18 years of age to create an account. By registering an account with us, you represent that you are at least 18 years of age. You further represent that the information that you provide account registration is accurate and complete. We may terminate an account that has inaccurate, incomplete, or obsolete information. You may not use as a username the name of another person or entity or that is not lawfully available for use, or one that is subject to any rights of another, such as an identical or substantially similar name or trademark, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
You agree that you must take all steps to keep your username and password confidential, which may include restricting access to your computer and/or account. You may not share account credentials with a third party. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.
5. Subscriptions
Our Services are offered on a monthly paid subscription basis (“Subscriptions”). From time to time, we may offer different Subscription Plans, including annual plans or other special promotions at our sole discretion.
a) Billing Cycle. You will be billed in advance on a recurring, monthly basis (“Billing Cycle”). A valid payment method, including credit card, is required to process the payment for your subscription. You shall provide Sellabella with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Sellabella to charge all Subscription fees incurred through your account to any such payment instruments. Should automatic billing fail to occur for any reason, Sellabella will notify you of such failure at the email you provided at account registration with instructions for you to proceed with manual payment. Failure to follow the instructions to tender timely payment may result in the suspension of the Service.
b) Renewal. Your Subscription will automatically renew for the same duration (one month) and under the same terms and conditions unless you cancel it prior to the renewal date. You may cancel your Subscription renewal either through your online account management page or by contacting team@sellabella.com. By continuing your subscription and not taking steps to cancel prior to the expiration of the current term, you agree to the renewal terms outlined here.
c) Changes in Fees. We reserve the right to adjust the fees for our Subscription Plans periodically, and such changes will become effective at the end of the then-current Billing Cycle. You will receive prior written notice of any changes in fees prior to the new fees becoming effective. The notice will be sent to the email with which you registered your account. Your continued use of the Service after the fee change becoming effective constitutes your agreement to pay the new fee amount.
d) Free Trials. We may offer a free trial of a Subscription for a limited period of time (“Free Trial”). You will need to register a user account to participate in a Free Trial. When you sign up for a Free Trial, you will be asked to enter your billing information, but you will not be charged for a Subscription until the expiration of the Free Trial.
If you have not cancelled your Subscription by the last day of the Free Trial, we will automatically charge the fees to the billing method you provided. The fees charged will correspond to the Subscription that was the subject of the Free Trial. We reserve the right to modify the terms and conditions of the Free Trial offer or to cancel the offer at any time at our sole discretion.
6. Cancellations
You can cancel your subscription at any time through your account settings or by sending an email to team@sellabella.com. To avoid charges, please ensure that you cancel before your current Billing Cycle ends or your Free Trial expires. If you have any issues with your cancellation, please contact us at [email / telephone] immediately.
7. Refund Policy
The following sets forth when you may request a refund and when refunds are unavailable.
a) Requesting a Refund. You may request a refund in the following circumstances:
REFUND REQUESTS MUST BE SUBMITTED WITHIN 7 DAYS OF THE CHARGE.
b) Where Refunds are Unavailable. No refunds will be issued for the following circumstances:
6. Disputes
a) If you believe you have been incorrectly charged, please contact us at team@sellabella.com immediately to resolve the issue. The parties will attempt to resolve any disputes in good faith in a timely manner. If the parties are unable to resolve the dispute, the parties will follow the Dispute Resolution process outlined in these Terms.
b) Chargebacks: Initiating a chargeback without prior communication may lead to account restrictions or termination.
7. Electronic Communications
When you access our Site or use our Services, contact us by email, or receive electronic communications from us, you are, and consent to, communicating with us electronically. Sellabella may communicate with you by email or by posting notices on our Services. You agree that all notices, disclosures, agreements, policies, and other communications that we provide to you electronically satisfy any requirement that such communications be in writing.
8. Termination
These Terms are effective until terminated by Sellabella. We may terminate these Terms without notice and at any time in connection with any of our Services. In the event of termination, you are no longer authorized to access or use the Services. The restrictions imposed on you herein with respect to the Content (as defined below), the disclaimers, limitations of liabilities, indemnities, the Dispute Resolution and Arbitration Agreement set forth in these Terms shall survive termination.
9. Discontinued Operation of the Services
Sellabella shall have the right, in its sole discretion, without notice and at any time and for any reason to
discontinue operation of the Services, or any portion thereof, or any products or services offered or
advertised through the Services, or to terminate yours or any individual's access to or use of the Services.
The restrictions imposed on you, the disclaimers, indemnities and limitations of liability set forth in these
Terms shall survive any termination of the Services or your use thereof.
10. Content; Trademark and Copyright
The text, images, photographs, graphics, logos, illustrations, descriptions, data and other material provided on the Site, as well as the selection, assembly and arrangement thereof, are referred to collectively as the “Content.” The Content is provided for informational purposes only and is not binding on us in any way except to the extent it is expressly provided to be so. The Content may contain errors, omissions, or typographical errors or may be out of date. Sellabella may change, delete, or update any Content at any time and without prior notice.
Unless otherwise noted, all Content is protected by copyrights, trademarks, service marks, and other
proprietary rights that are owned by Sellabella or by third parties that have licensed their use to Sellabella.
You may view and use the Content only for your use of the Services and for no other purpose. You may not
otherwise use, reproduce, copy, modify, transmit, display, publish, sell, license, publicly perform, distribute
or commercially exploit any of the Content, or use data mining, robots or similar data gathering and
extraction tools at the Site. You may not frame or utilize framing techniques to enclose any trademark, logo
or other proprietary information (including images, text, page layout or form) of Sellabella, our corporate
partners, or suppliers and vendors (collectively, the “Partners”) without our express, written consent. You
may not use any meta tags or any other “hidden text” utilizing our name or trademarks without our express
written consent. Any use of the Content, except as specifically permitted in these Terms or as otherwise
expressly permitted in the Content or in a writing signed by an authorized representative of Sellabella, is
strictly prohibited.
11. Confidentiality
You may have access to Sellabella’s Confidential Information as you use the Services during your Subscription. “Confidential Information” means information that Sellabella discloses to you in connection with the provision of Services that either is marked as confidential or would reasonably be considered confidential information under the circumstances. You will use Sellabella’s Confidential Information only for the purposes under these Terms. You agree to keep Sellabella’s Confidential Information in the strictest confidence and must use your best efforts to protect it against disclosure, misuse, or loss. You will promptly inform Sellabella of any unauthorized disclosure of its Confidential Information.
12. Linked Third Party Websites
Links to other websites operated by third parties, including any Partners, do not constitute sponsorship, endorsement, or approval by Sellabella of the content, policies, or practices of such linked websites. Linked websites are not operated, controlled, or maintained by Sellabella, and we are not responsible for the availability, content, policies, or practices of linked websites, including without limitation their privacy policies or practices. Links to other websites are provided for your convenience only, and you access them at your own risk.
13. Prohibited Use of the Services
You may not use any automatic device, program or technology, or any equivalent manual process, to access, acquire, copy, probe, test or monitor any portion of the Site, Services, or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site, Services, or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site or Services. You agree that you will not take any action that imposes an unreasonable or disproportionate load on the infrastructure of the Site or Services.
By accessing and using the Site you undertake and agree to do so in a legal and ethical manner and subject to these Terms of Use. You acknowledge and agree that you shall not use the Site or Services to transmit material, or otherwise engage in any activity, that is defamatory, tortious, harmful, obscene, infringing, offensive, bullying, harassing, scandalous, hateful, inflammatory, threatening, unlawful, profane, pornographic, invasive of privacy or otherwise objectionable in relation to your use of the Site including without limitation, anything that facilitates illegal activity, depicts sexually explicit images, promotes violence, is discriminatory, is illegal or which could or does cause damage or injury to any person or property, could give rise to any civil or criminal liability under applicable law, including, without limitation, any material that you are not entitled to post or transmit, or where such posting or transmission is in breach of any duty of confidentiality and/or third party intellectual property rights. Except as expressly set out in these Terms of Use or as permitted by applicable law, you hereby agree:
14. Use By Children
You must be at least 18 years old to use the Site or the Services. If you are under 18, you may only use the Site or Services after your parent or guardian has given their written permission and only with their involvement.
15. DISCLAIMER OF WARRANTY; NO GUARANTEE OF RESULTS OR EARNINGS
NEITHER SELLABELLA, ANY OF OUR PARTNERS NOR ANY OF THEIR RESPECTIVE AFFILIATES OR RELATED ENTITIES MAKES ANY WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE SITE, SERVICES, OR ANY LINKED WEBSITES, OR THEIR CONTENT, INCLUDING THE AVAILABILITY OF ANY LINKED WEBSITE OR THE CONTENT, INFORMATION AND MATERIALS ON IT OR THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THAT CONTENT, INFORMATION AND MATERIALS. SELLABELLA, OUR AFFILIATE, OUR PARTNERS AND THEIR RESPECTIVE AFFILIATES OR RELATED ENTITIES ALSO DO NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF THE SITE OR SERVICES OR ANY LINKED WEBSITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR ANY LINKED WEBSITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, ALL CONTENT, INFORMATION AND MATERIAL PROVIDED ON THE SITE AND SERVICES IS PROVIDED TO USERS "AS IS" WITH NO WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. THE “AS IS” CONDITION OF THE CONTENT, INFORMATION AND MATERIALS PROVIDED ON THE SITE, SERVICES, OR ANY LINKED WEBSITE IS EXPRESSLY MADE A CONDITION OF ANY TRANSACTION ARISING THROUGH OR AS A RESULT OF THE SITE. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THE EXCLUSION OF IMPLIED WARRANTIES.
WHILE SELLABELLA TAKES REASONABLE STEPS TO SAFEGUARD AND TO PREVENT UNAUTHORIZED ACCESS TO YOUR PERSONAL DATA, WE ARE NOT RESPONSIBLE FOR THE ACTS OF THOSE WHO GAIN UNAUTHORIZED ACCESS, AND WE MAKE NO WARRANTY, EXPRESS, IMPLIED, OR OTHERWISE, THAT WE WILL PREVENT UNAUTHORIZED ACCESS TO YOUR PERSONAL DATA.
WE MAKE NO REPRESENTATION OR WARRANTY AS TO THE ACHIEVEMENT OF PERFORMANCE, EARNINGS, OR RESULTS THAT YOU MAY ACHIEVE AND WILL NOT HAVE ANY OBLIGATION IN THAT AT RESPECT. WE DO NOT GUARANTEE SPECIFIC RESULTS AND YOU UNDERSTAND THAT INDIVIDUAL RESULTS VARY, AND PAST PERFORMANCE DOES NOT NECESSARILY PREDICT FUTURE PERFORMANCE.
16. Limitations of Liability
UNDER NO CIRCUMSTANCES SHALL SELLABELLA, ANY OF OUR PARTNERS, ANY OF OUR OR THEIR
RESPECTIVE AFFILIATES OR RELATED ENTITIES, OR ANY OF OUR OR THEIR RESPECTIVE
DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY
FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES,
WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY OUT OF
ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SITE OR ANY LINKED WEBSITE OR
ITS CONTENT, INCLUDING BUT NOT LIMITED TO LOST PROFITS, BUSINESS INTERRUPTION, OR
LOSS OF PROGRAMS OR OTHER DATA ON COMPUTER SYSTEMS OR OTHERWISE, EVEN IF
SELLABELLA OR ANY OF THE ABOVE ENTITIES ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF SELLABELLA OR ITS REPRESENTATIVES TO
YOU UNDER ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE OR THE
SERVICES OR THIS TOU (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR
OTHERWISE) EXCEED 100 DOLLARS ($100 USD). RECOVERY OF DAMAGES UP TO SUCH AMOUNT
SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY.
17. Indemnification
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS SELLABELLA, OUR PARTNERS, AND OUR OR THEIR RESPECTIVE AFFILIATES AND RELATED ENTITIES AND OUR OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM AND AGAINST ALL CLAIMS, LOSSES, DAMAGES, LIABILITIES, AND COSTS (INCLUDING BUT NOT LIMITED TO REASONABLE ATTORNEYS' FEES AND COURT COSTS), ARISING OUT OF OR RELATING TO (A) YOUR NEGLIGENCE OR INTENTIONAL MISCONDUCT; (B) BREACH OF THESE TERMS (C) YOUR ACCESS TO OR USE OF THE SITE, SERVICES, AND ANY PRODUCTS PROVIDED TO YOU; (D) INFORMATION OR MATERIALS PROVIDED BY YOU, INCLUDING YOUR SUBMISSIONS OR FEEDBACK, INCLUDING INTELLECTUAL PROPERTY INFRINGEMENT; MISAPPROPRIATION OF TRADE SECRETS OR OTHER INTELLECTUAL PROPERTY, INVASION OF PRIVACY OR OTHER INFRINGMENT OF PRIVACY RIGHTS, DEFAMATION OR LIBEL; (E) PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE RELATED OT YOUR OBLIGATIONS UNDER THESE TERMS. THE FOREGOING INDEMNIFICATION OBLIGATION SHALL SURVIVE TERMINATION OF THESE TERMS AND THE SERVICES.
18. Dispute Resolution and Arbitration Agreement
If we fail to resolve any disputes amicably, you and Sellabella agree to submit our disputes exclusively to be resolved through binding and final individual arbitration instead of through court proceedings, except in these limited circumstances: either you or Sellabella may elect to have a claim heard in small claims court (at any time prior to the appointment of an arbitrator) if the claim is within the jurisdiction of that court and it remains in that court and is not removed or appealed to a court of general jurisdiction.
Either you or Sellabella may start arbitration proceedings by written notice requesting arbitration and describing the claim. You agree that the Federal Arbitration Act and federal arbitration law apply to these Terms. However, the arbitrator and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of these Terms including, but not limited to, a claim that all or any part of these Terms is void or voidable.
The dispute will be arbitrated by a single neutral arbitrator mutually agreeable to both of us. If we cannot agree, after conferring in good faith, on the selection of an arbitrator within 30 days of the date that the request for arbitration was received by Sellabella or sent by Sellabella, whichever is later, the dispute will be administered by the American Arbitration Association (“AAA”) under its applicable rules. If AAA is unable or unwilling to administer the arbitration consistent with this Dispute Resolution and Arbitration Agreement, the parties shall confer in good faith in an effort to agree on an alternative arbitration administrator that will administer the arbitration consistent with this Dispute Resolution and Arbitration Agreement. If the parties cannot agree, you and we will jointly petition a court of competent jurisdiction to appoint an arbitration administrator that will administer the arbitration consistent with this Dispute Resolution and Arbitration Agreement. The arbitration shall take place in person at a mutually agreed upon location, or if such a location cannot be agreed upon, then virtually by videoconference.
Unless we agree to use a different set of rules, the arbitrator will apply the applicable AAA arbitration rules
(or the applicable rules of the arbitration administrator as set forth above), as modified by this Dispute
Resolution and Arbitration Agreement. The AAA rules are available at: https://www.adr.org/ or by calling
800-778-7879. The arbitrator's decision in any such arbitration will be final and binding upon the parties to
the proceeding and shall have no preclusive or binding effect in any proceeding involving different parties.
The arbitration award may be enforced in any court of competent jurisdiction. You and Sellabella agree that
the arbitration proceedings will be kept confidential and that the existence of the proceeding and any
element of it (including, without limitation, any pleadings, briefs or other documents submitted or
exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the
arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration,
by applicable disclosure rules and regulations of securities regulatory authorities or other governmental
agencies, or as specifically permitted by state law.
The AAA rules (or the applicable rules of the arbitration administrator as set forth above) shall govern the allocation of fees. The arbitrator may award fees and costs to a party if they determine that the claims and/ or proceeding is frivolous or brought for an improper purpose or for the purpose of harassment. The arbitrator shall apply Federal Rule of Civil Procedure 68 after entering the award. The arbitrator shall apply the Terms just as a court would. The arbitrator shall issue a detailed ruling that includes the essential findings of fact and conclusions of law upon which the award is based. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief, attorneys’ fees, and costs.
YOU AND WE AGREE THAT THE ARBITRATOR MAY ONLY AWARD RELIEF (INCLUDING DECLARATORY AND INJUNCTIVE RELIEF) IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM. THE ARBITRATOR MAY NOT AWARD RELIEF FOR OR AGAINST ANYONE THAT IS NOT A PARTY TO THE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF CLASS, COLLECTIVE, JOINT, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. ANY ARBITRATION SHALL BE CONDUCTED AND DECIDED ON AN INDIVIDUAL BASIS. CLASS ARBITRATION IS EXPRESSLY PROHIBITED. YOU AND WE AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED OR LITIGATED ON A CLASS, COLLECTIVE, JOINT, OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC (SUCH AS A PRIVATE ATTORNEY GENERAL OR IN CONNECTION WITH A REQUEST FOR PUBLIC INJUNCTIVE RELIEF). THIS WAIVER OF CLASS ACTIONS AND COLLECTIVE RELIEF IS AN ESSENTIAL PART OF THE DISPUTE RESOLUTION AND ARBITRATION AGREEMENT; IF IT IS DEEMED INVALID OR UNENFORCEABLE WITH RESPECT TO A PARTICULAR CLAIM OR REQUEST FOR RELIEF (SUCH AS A REQUEST FOR PUBLIC INJUNCTIVE RELIEF), AND ALL APPEALS OF THAT DECISION ARE EXHAUSTED OR IT IS OTHERWISE FINAL, THEN THAT CLAIM OR REQUEST FOR RELIEF SHALL PROCEED IN A COURT OF COMPETENT JURISDICTION BUT BE STAYED PENDING ARBITRATION OF ALL REMAINING CLAIMS AND REQUESTS FOR RELIEF. TO THE FULLEST EXTENT PERMITTED BY LAW, THE PARTIES WAIVE THE RIGHT TO A JURY TRIAL.
This Dispute Resolution and Arbitration Agreement shall survive termination of these Terms.
19. Governing Law
Access to or use of the Site, Services, or Content shall not be construed as the purposeful availment by Sellabella or any of its Partners of the privilege or benefits of doing business in any state or legal jurisdiction other than the State of Delaware. These Terms, and any disputes of any kind between you and Sellabella, shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflicts or choice of laws provisions. If any claim or action proceeds in court rather than through arbitration, sole and exclusive jurisdiction for any action or proceeding arising out of, or related to, these Terms, use of the Site, Services, or Content, including any orders placed or products purchased on the Site or Services if such feature is available thereon, shall be in the state and federal courts located in New Castle County, Delaware.
20. Miscellaneous
a) Entire Agreement. These Terms constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter. For the sake of clarity, these Terms do not supersede any written services agreements, license agreements, maintenance agreements, or similar agreements between the parties unless specifically agreed to by the parties in writing.
b) No waiver. No waiver by Sellabella of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
c) Severability. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any other provisions of the Terms.
d) Assignment. Sellabella may assign its rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.
e) Force Majeure. Sellabella and its Partners shall not be liable for any nonperformance or delay in performance caused by any act beyond their reasonable control, including without limitation acts or omissions of third parties, unavailability of supplies, equipment failure, war, strikes, lock-outs, fire, flood, pandemics or other public health emergencies, or any other Act of God, any law, regulation, ordinance, or other act or order of any court, government, or governmental agency, or delays, unavailability, errors, or other failures of the Internet or other data networks or other causes beyond Sellabella’s reasonable control, whether similar or dissimilar to any of the foregoing.
f) Headings and Captions. The headings and captions in these Terms are intended for convenience only and shall in no way affect the interpretation of the Terms.
If you have any questions about these Terms, please contact us at:
Sellabella, Inc.
436 Southbridge St #1017 Suite 2, Auburn, MA 01501
Telephone: 781-332-5438
4912-6986-9364, v. 1