These Terms expressly incorporate by reference and include the Bell and Howell Privacy Policy and any guidelines, rules or disclaimers that may be posted and updated on specific Web pages or on any notices that are sent to you.
All content included on the Sites, such as text, graphics, logos, button icons, images, audio clips and video, blog posts, comments to blog posts, all software, manuals and catalogs are the property of Bell and Howell or its content suppliers and are protected by U.S. and international copyright laws. Permission is granted to electronically copy and print hard copy portions of the Sites for the sole purpose of using the Sites as a resource by potential or existing customers. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content of the Sites is strictly prohibited. This Agreement does not confer any license or right under any copyright or trademark of Bell and Howell or any third party.
All trademarks, logos, emblems, product brand names, service marks and trade names are proprietary to Bell and Howell or other respective owners that have granted Bell and Howell the right and license to use such trademarks. The unauthorized use of any trademark displayed on the Sites is strictly prohibited.
Bell and Howell does not accept or consider unsolicited Submissions (defined below). It is the intent of these Terms to avoid the possibility of future misunderstandings, legal or otherwise, when creative ideas, concepts or materials developed by Bell and Howell may appear to be similar to your Submission(s). Accordingly, Bell and Howell requests that you do not send us any unsolicited Submissions, Bell and Howell assumes no responsibility for reviewing such Submissions, and Bell and Howell will not incur any liability as a result of any similarities between your Submissions and future Bell and Howell products or services. In the event you do submit unsolicited Submissions, such Submissions shall be deemed, and shall remain, the property of Bell and Howell.
Any functions provided on the Sites that allows users to submit comments, blog and other posts, text, video content, audio content, photographs, computer code and computer applications (each a “Submission”) are provided for the Sites’ customers and users. All Submissions are not under the control of Bell and Howell and are not information or opinions of Bell and Howell. Bell and Howell does not endorse, approve, or certify such information, nor does it guarantee the accuracy, completeness, efficacy, timeliness, or correctness of such Submissions. Use of any Submission is voluntary, at your own risk and reliance on it should only be undertaken after an independent review. Reference in these sections of the Sites to any specific commercial product, process or service by trade name, trademark, service mark, manufacturer, supplier or otherwise does not constitute or imply endorsement, recommendation or favoring by Bell and Howell. Bell and Howell is not responsible for and expressly disclaims all liability for, damages of any kind arising out of use, reference to, or reliance on any Submissions. Bell and Howell makes no guarantees or warranties with respect to Submissions, including but not limited to any express or implied warranties of merchantability or fitness for a particular use or purpose. Display of any Submission does not constitute approval or endorsement by Bell and Howell.
You shall not upload to, distribute or otherwise publish through the Sites any content that is harassing, abusive, threatening, libelous, defamatory, obscene, pornographic, profane, sexually explicit, or otherwise violates any law, including but not limited to criminal, trademark, trade secret, and copyright law. You shall not post Submissions that encourage or promote illegal activity, Submissions that discuss illegal activities with the intent to commit them, or Submissions that may give rise to civil or criminal liability in any way, or that violate federal, state, or local laws. You shall not post Submissions containing spam, commercial or advertising content. You shall not post Submissions containing links to any sites that violate any section of these Terms of Use. You shall not in any manner impersonate anyone else or misrepresent your true identity. You should not post any Submissions that contain private information, nor should you assume that postings are completely anonymous.
By posting Submissions, you automatically grant, or warrant that the owner of such content has expressly granted, Bell and Howell the royalty-free, worldwide, perpetual irrevocable, sub-licensable, non-exclusive right and license to use, reproduce, modify, adapt (including, without limitation, the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning or other technologies), publish, transmit, excerpt, host, index, cache, tag, encode, create derivative works from, distribute, perform and publicly display such content in an electronic environment in any form or media now known or hereinafter developed, any Submission(s) posted by you on or to the Sites. This means that anything submitted by you to Bell and Howell may be used by Bell and Howell for any purpose, now or in the future, without any payment to, or further authorization by, you. By making a Submission, you are consenting to its display on the site and for related online and offline promotional sites.
You are solely responsible for the content of your Submissions. You agree that Bell and Howell has the right to edit, remove, move, modify or delete any Submissions for any reason whatsoever, or for no reason at all. Bell and Howell reserves the right to filter from the Sites all Submissions from individuals who display persistent behavior contrary to the Terms of Use governing use of the Sites. You waive any rights you may have in having the material altered or changed in a manner not agreeable to you. Depending on the nature of the violation, Bell and Howell shall have the sole discretion to terminate your access to the Sites. Please be advised that Bell and Howell will fully cooperate with any law enforcement authorities or court order requesting or directing Bell and Howell to disclose personal information (in accordance with the Privacy Policy of the Sites) of anyone whose Submission(s) violates the foregoing terms.
In order to post any Submissions, you may be required to provide accurate and complete personal information consisting of your name and email address, which shall be collected pursuant to the Privacy Policy.
It is our policy to promptly respond to claims of copyright infringement. If you believe that an infringing copyrighted work is accessible on the Sites, you may notify us by sending the following information to the address listed below:
Please put “Notice of Infringement” in the subject line of all such notifications, and send the notification to:
Legal Department
Bell and Howell, LLC
3791 S. Alston Ave.
Durham, NC (USA) 27713.
We will process and investigate all notices of alleged infringement as required by the Digital Millennium Copyright Act (“DMCA”), and will remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity. When we remove or disable access to any material claimed to be infringing, we may attempt to contact the supplier of such material in order to give that supplier an opportunity to respond to the notification. If the supplier of the material gives a counter-notification claiming that the use is authorized, we will furnish that counter-notification to the complaining party, and will give the complaining party an opportunity to seek judicial relief under the DMCA before we replace or restore access to any materials.
THE SITES, ALL CONTENT AND PRODUCTS ARE PROVIDED “AS IS.” EXCEPT AS OTHERWISE STATED HEREIN OR OTHERWISE PROVIDED TO YOU AT TIME OF PURCHASE, Bell and Howell MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR USEFULNESS OF ANY SERVICES, CONTENT, PARTS, INFORMATION, MATERIALS, PRODUCTS, OR SOFTWARE OBTAINED THROUGH THE SITES. Bell and Howell MAKES NO WARRANTY THAT ACCESS TO THE SITES WILL BE UNINTERRUPTED, FREE OF VIRUSES, WORMS, TROJAN HORSES OR ANY OTHER MALICIOUS CODE, ERROR FREE, OR THAT IT WILL FUNCTION OR OPERATE IN CONJUNCTION WITH ANY OTHER PRODUCT. Bell and Howell FURTHER DISCLAIMS ANY WARRANTY THAT THE INFORMATION OR RESULTS OBTAINED THROUGH USE OF THE APPLICATIONS OR SERVICES IS ACCURATE OR TIMELY, OR THAT RESULTS OBTAINED THROUGH THE USE OF THE SITES OR PRODUCTS PURCHASED THROUGH THE SITES WILL MEET YOUR (CUSTOMER’S) NEEDS. USE OF ANY INFORMATION OBTAINED THROUGH USE OF THE SITES AND RELIANCE UPON SUCH INFORMATION OR RESULTS OR SERVICES WILL BE AT YOUR (CUSTOMER’S) OWN RISK.
BELL AND HOWELL SHALL NOT BE RESPONSIBLE TO YOU (CUSTOMER) OR TO ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGE OR LOSS INCURRED IN CONNECTION WITH USE OF THE SITES, PURCHASE OR USE ANY OF THE SERVICES, CONTENT, MATERIALS, PRODUCTS, PARTS, SOFTWARE OR INFORMATION PROVIDED BY BELL AND HOWELL OR ANY THIRD PARTIES THROUGH THE SITES, OR ANY DAMAGE OR LOSS, INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, DELAYS IN PERFORMANCE OF THE SITES, REGARDLESS OF THE CLAIM AS TO THE NATURE OF THE CAUSE OF ACTION, EVEN IF BELL AND HOWELL HAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. IN NO EVENT SHALL BELL AND HOWELL’S LIABILITY TO YOU (CUSTOMER) EXCEED THE PURCHASE PRICE FOR THE PRODUCT OR PARTS GIVING RISE TO A CLAIM OR LIABILITY.
You hereby agree to indemnify, defend and hold Bell and Howell and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms or otherwise arising from your Submissions and/or use of the Sites, including, without limitation, reasonable attorneys’ fees. You shall cooperate as fully as reasonably required in the defense of any claim. Bell and Howell reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
Bell and Howell may, in its sole discretion, terminate or suspend Your or Customer’s access to all or part of the Sites for any reason, or no reason whatsoever including, without limitation, notification from Customer that a user is no longer authorized to act on behalf of the Customer, or for breach of these Terms.
The United States Export Controls laws prohibit the export of certain technical data and software to certain territories. No content or software from the Sites may be downloaded or otherwise exported in violation of United States law.
This Agreement will be governed by and construed under the laws of the state of Illinois, without regard to its conflicts of law principles and, to the extent applicable, the federal laws of the United States. Customer hereby submits to and agrees that the sole jurisdiction and venue for actions related to the subject matter hereof shall be the Illinois state courts and U.S. federal courts located in Illinois.
You are responsible for all applicable taxes associated with the purchase of products or parts and such taxes will be added to the invoice unless proof of exempt status is provided.
Bell and Howell has established the my.bellhowell.net site to provide information about our products, replacement parts, software and upgrades to its existing customers located in the United States. In order to use the my.bellhowell.net site, customers must register through that site. By registering for the site, You represent and warrant that You are a Bell and Howell customer or are authorized to act on behalf of an existing customer. You agree to provide true, accurate, current and complete information about yourself and the Bell and Howell customer that you represent. You agree not to impersonate any person or entity, misrepresent any affiliation with another person, entity or association, use false headers, or otherwise conceal your identity from Bell and Howell. Bell and Howell will independently verify that you are affiliated with an existing customer, and then will provide you with a User ID and Password to access the my.bellhowell.net site.
You are solely responsible for maintaining the confidentiality of the User ID and Password, and for all activities that occur under the User ID, including all materials accessed and/or purchased using the User ID and all other acts or omissions that occur under the authority of the User ID. You agree to immediately notify Bell and Howell if you become aware of or have reason to believe that there is any unauthorized use of your account or any other breach of security. Customer must inform Bell and Howell when a user is no longer employed by customer or authorized to act on Customer’s behalf so that Bell and Howell can terminate that User ID and Password.
Bell and Howell is in no way liable for any claims related to the use or misuse of your User ID and Password due to the activities of third parties outside of Bell and Howell’s control or due to your failure to maintain the confidentiality and security of the User ID or Password.
Orders may be placed via the my.bellhowell.net site, and any payment may be provided via a purchase order. Please remember to fill in all required fields when ordering products or services. Orders for replacement parts and other non-electronic products and services will be shipped via the method selected by you during check out. Delivery schedules are estimates, and actual delivery times may vary depending on stock availability, payment verification, order processing, ship-to locations, and other variables.
Prices for products or parts are in US Dollars and do not include freight, handling fees, or taxes. Prices are subject to change or correction without notice. Market sensitive commodity items will be priced according to then current market conditions.
You are responsible for all applicable taxes associated with the purchase of products or parts and such taxes will be added to the invoice unless proof of exempt status is provided.
The minimum order value is $50.00. Orders over $50.00 but less than $100.00 must be paid with a credit card. Bell and Howell accepts the following credit cards: Mastercard, Visa, and American Express. C.O.D. shipments are not permitted. For customers with established credit with Bell and Howell, payment terms are net 30 days from the date of invoice. All payments are to be made in US dollars. A priority handling fee of $25.00 will be assessed to any order requiring next day delivery. However, the minimum order value of $50.00 is waived for these emergencies.
Orders will be shipped to customer FOB Point of Origin. Title to and risk of loss for the products and parts (excluding, however, any software) shall pass to you upon transfer to the carrier. All shipping and handling charges relating to the shipments to you shall be your responsibility. You shall promptly reimburse Bell and Howell for all such charges incurred by us on your behalf within 30 days after receipt of invoice for such charges.
Any claim due to short shipment must be made to Bell and Howell within 14 days of receipt by you. If product or parts are damaged in transit, you are responsible for filing a claim with the carrier.
Part returns may be made within 60 days of shipment subject to approval by Bell and Howell, and will be subject to restocking charges. Special order items and specifically categorized items are not returnable for credit once shipped. You should inquire at time of order whether an item being ordered is returnable. Electronic components may not be returned if protective packaging is opened. At a minimum for Bell and Howell to accept a returned item, it must be brand new and never used. A credit will be issued after inspection confirms the returned Product is in good condition. A credit memo will be issued to the customer for the value of the returned Product at the time the customer was invoiced less any restocking charges. Shipping and handling charges will not be refunded under any circumstances.
Parts or products ordered may be substituted by Bell and Howell in its sole discretion.
Bell and Howell warrants that the products or parts sold by Bell and Howell will be free from defects in material and workmanship for a period of 90 days from the date of purchase. For any product or part not meeting this warranty, Bell and Howell will, at its option, either repair or replace the defective part. REPAIR OR REPLACEMENT IS CUSTOMER’S SOLE AND EXCLUSIVE REMEDY. Customer shall be responsible for all costs, including shipping, incurred in returning the part to a designated Bell and Howell location. Expendable parts, such as suction cups and knives, are not covered by this warranty. This warranty excludes any malfunction or defect in the part caused or contributed by misuse, abuse, lack of maintenance, modifications to the part not approved in writing by Bell and Howell, improper installation, improper product or part selection or misapplication. THE FOREGOING WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
BELL AND HOWELL SHALL HAVE NO LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES AND SUCH DAMAGES ARE EXPRESSLY DISCLAIMED. BELL AND HOWELL’S LIABILITY IN ALL EVENTS IS LIMITED TO, AND SHALL NOT EXCEED, THE PURCHASE PRICE PAID BY YOU FOR THE PRODUCT, PARTS OR SERVICE THAT GIVES RISE TO ANY LIABILITY.
Certain products, parts and supplies provided by Bell and Howell may be subject to U.S. export laws and regulations. You agree not to export any products, parts and supplies in violation of U.S. export laws and regulations.
Any software, manuals or other documentation available through the my.bellhowell.net site are confidential and contain trade secrets, which are not generally known to or easily ascertainable by others. They were developed at significant cost to Bell and Howell, give Bell and Howell a competitive advantage vis-à-vis its competitors and are the subject of reasonable efforts by Bell and Howell to maintain their secrecy. By accessing those materials, you acknowledge that such materials are protected by trade secret law and may be used solely in connection with Bell and Howell products as authorized by Bell and Howell. You further acknowledge that any other use, reproduction, modification, distribution, transmission, republication, display or performance of those materials is strictly prohibited.
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