terms + conditions

last updated march 1, 2020

Thank you for visiting bethanynewell.com (the "Site"). bethany newell® LLC c/o Customer Service, One West End, Suite 17K, New York, NY 10023 (“bethany newell® brand”) has established the following terms and conditions that we would like you to be familiar with. Your use of the Site constitutes your agreement (“Agreement”) to the terms and conditions outlined below. Please read them carefully:

agreement

we provide users of the site with access to certain content and services related to the bethany newell® brand products, faqs, news, tools, text, photos, audio and video clips, links to third party websites, and other similar content (collectively, the "services").

acceptance of terms

The Site and Services made available by the bethany newell® brand are subject to this Agreement. We reserve the right to update or make changes to this Agreement at any time. You can determine when this Agreement was last revised by referring to the "LAST UPDATED" legend at the top of the page. When using the Site and any Services, you agree that you are subject to any additional posted guidelines, rules, terms and conditions applicable to the Site and the Services, which are hereby incorporated by reference into this Agreement. 
We reserve the right at any time, temporarily or permanently, to: 

  • modify or discontinue the Site and the Services, with or without notice

  • charge fees in connection with the use of the Site

  • modify and/or waive any fees charged in connection with the Site and the Services

  • offer opportunities to some or all users of the Site and the Services

You agree that neither we nor any of our affiliates shall be liable to you or to any third party for any modification, suspension or discontinuance of the Site, in whole or in part, or of any Service, content, feature or product offered through the Site. Your continued use of the Site and the Services after such changes will indicate your acceptance of the changes.

jurisdictional issues

the site is controlled and operated by the bethany newell® brand from the united states and is not intended to subject the bethany newell® brand to the laws or jurisdiction of any state, country, or territory other than that of the united states. if you are accessing the site outside of the united states, the bethany newell® brand does not represent or warrant that the site is appropriate or available for use in any particular jurisdiction other than the united states. in choosing to access the site, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations. you are also subject to united states export controls and are responsible for any violations of such controls, including any united states embargoes or other federal rules and regulations restricting exports. we may limit the site’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.

copyright and trademarks

The information and Services made available through the Site are and shall remain the property of the bethany newell® brand. Except as expressly authorized in advance by the bethany newell® brand in writing, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, or create derivative works based (whether in whole or in part) on, all or any part of the Site or any materials made available through the Site. 

submissions, feedback and testimonials

Your submission of information through the Site is governed by the bethany newell® brand Privacy Policy. You represent and warrant that any information you provide in connection with your use of the Site is true, accurate, and complete, and that you will maintain and update such information regularly. You agree that if any information you provide is false, inaccurate, obsolete or incomplete, we may terminate your use of the Site and/or any of the Services. 

If you provide any comments or suggestions to the bethany newell® brand with respect to the Site, Services, or the bethany newell® brand products or services, you agree to assign to the bethany newell® brand all rights and titles to the Feedback upon submission of the comment. You agree that the bethany newell® brand may make available on the Site any testimonials, content, and/or materials in connection therewith, that you submit to the bethany newell® brand ("Testimonials").

For each Testimonial, you represent and warrant that you have all rights necessary for you to grant the licenses granted in this section, and that such Testimonial, and your provision thereof to and through the Site, comply with all applicable laws, rules and regulations. You acknowledge and agree that we reserve the right to do any or all of the following, at our discretion: 

  • Monitor and respond to Testimonials;

  • Alter, remove, or refuse to post any Testimonial;

  • Disclose any Testimonials, and the circumstances surrounding their transmission, to any third party, in each of the foregoing cases, in order to operate the Site

rules of conduct

While using the Site, you will comply with all applicable laws, rules and regulations. In addition, we expect users of the Site to respect the rights and dignity of others. Your use of the Site is conditioned on your compliance with the rules of conduct set forth in this Section. If you fail to comply with such rules, we may terminate your access to the Site pursuant to this Agreement. You agree that you will not: 

  • Post, transmit, or otherwise make available, through or in connection with the Site:

    • Anything that is or may be (a) threatening, harassing, degrading, hateful or intimidating; (b) defamatory; (c) fraudulent or tortious; (d) obscene, indecent, pornographic or otherwise objectionable; or (e) protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express prior consent of the owner of such right.

    • Any material that would give rise to criminal or civil liability; that encourages conduct that constitutes a criminal offense; or that encourages or provides instructional information about illegal activities or activities such as "hacking," "cracking," or "phreaking."

    • Any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.

    • Any unsolicited or unauthorized advertising, promotional material, "junk mail," "spam," "chain letter," "pyramid scheme" or investment opportunity, or any other form of solicitation.

    • Any material, non-public information about a company without the proper authorization to do so.

  • Use the Site for any fraudulent or unlawful purpose.

  • Use the Site to defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others, including without limitation others’ privacy rights or rights of publicity, or harvest or collect personally identifiable information about other users of the Site.

  • Impersonate any person or entity, including without limitation any representative of the bethany newell® brand; falsely state or otherwise misrepresent your affiliation with any person or entity; or express or imply that we endorse any statement or posting you make.

  • Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available; or violate any requirements, procedures, policies or regulations of such networks.

  • Restrict or inhibit any other person from using the Site (including without limitation by hacking or defacing any portion of the Site).

  • Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site.

  • Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site.

  • Remove any copyright, trademark or other proprietary rights notice from the Site or materials originating from the Site.

termination

This Agreement is effective until terminated. the bethany newell® brand, in its sole discretion, may terminate your access to or use of the Site, at any time and for any reason, including if the bethany newell® brand believes that you have violated or acted inconsistently with the letter or spirit of this Agreement.

changes in terms and conditions

the bethany newell® brand may at any time change any of the terms and conditions or prices displayed on bethanynewell.com. The Site may also provide notices of changes to this Agreement or other matters by displaying such notices or by providing links to such notices.