- Your BetsyDeVille.com Account and Site. If you create an account on the Website, you are responsible for maintaining the security of your account and comments, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the blog. Betsy DeVille may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Betsy DeVille liability. You must immediately notify Betsy DeVille of any unauthorized uses of your account or any other breaches of security. Betsy DeVille will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
- Responsibility of Contributors.If you comment on a blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third-party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- your blog is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
- your blog is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog’s URL or name is not the name of a person other than yourself or company other than your own; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Betsy DeVille or otherwise.
- Payments & Returns
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Overview
Our refund and returns policy lasts 30 days. If 30 days have passed since your purchase, we can’t offer you a full refund or exchange. To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging. Several types of goods are exempt from being returned. Perishable goods such as food, flowers, newspapers or magazines cannot be returned. We also do not accept products that are intimate or sanitary goods, hazardous materials, or flammable liquids or gases. Additional non-returnable items:- Gift cards
- Downloadable software products
- Some health and personal care items
- Book with obvious signs of use
- CD, DVD, VHS tape, software, video game, cassette tape, or vinyl record that has been opened.
- Any item not in its original condition, is damaged or missing parts for reasons not due to our error.
- Any item that is returned more than 30 days after delivery
Refunds
Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund. If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days. Late or missing refunds If you haven’t received a refund yet, first check your bank account again. Then contact your credit card company, it may take some time before your refund is officially posted. Next contact your bank. There is often some processing time before a refund is posted. If you’ve done all of this and you still have not received your refund yet, please contact us at {email address}. Sale items Only regular priced items may be refunded. Sale items cannot be refunded.Exchanges
We only replace items if they are defective or damaged. If you need to exchange it for the same item, send us an email at Betsy@BetsyDeVille.com or call 414-666-9094.Gifts
If the item was marked as a gift when purchased and shipped directly to you, you’ll receive a gift credit for the value of your return. Once the returned item is received, a gift certificate will be mailed to you. If the item wasn’t marked as a gift when purchased, or the gift giver had the order shipped to themselves to give to you later, we will send a refund to the gift giver and they will find out about your return.Shipping returns
To return your product, you should reach out via email or phone for shipping instructions. You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund. Depending on where you live, the time it may take for your exchanged product to reach you may vary. If you are returning more expensive items, you may consider using a trackable shipping service or purchasing shipping insurance. We don’t guarantee that we will receive your returned item.
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- Responsibility of Website Visitors. Betsy DeVille has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Betsy DeVille does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Betsy DeVille disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
- Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which BetsyDeVille.com links, and that link to BetsyDeVille.com. Betsy DeVille does not have any control over those non-Betsy DeVille websites and webpages, and is not responsible for their contents or their use. By linking to a non-Betsy DeVille website or webpage, Betsy DeVille does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Betsy DeVille disclaims any responsibility for any harm resulting from your use of non-Betsy DeVille websites and webpages.
- Copyright Infringement and DMCA Policy. As Betsy DeVille asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by BetsyDeVille.com violates your copyright, you are encouraged to notify Betsy DeVille in accordance with Betsy DeVille’s Digital Millennium Copyright Act (“DMCA”) Policy. Betsy DeVille will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Betsy DeVille will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Betsy DeVille or others. In the case of such termination, Betsy DeVille will have no obligation to provide a refund of any amounts previously paid to Betsy DeVille.
- Intellectual Property.This Agreement does not transfer from Betsy DeVille to you any Betsy DeVille or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Betsy DeVille. Betsy DeVille, BetsyDeVille.com, the BetsyDeVille.com logo, and all other trademarks, service marks, graphics and logos used in connection with BetsyDeVille.com, or the Website are trademarks or registered trademarks of Betsy DeVille or Betsy DeVille’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Betsy DeVille or third-party trademarks.
- Betsy DeVille reserves the right to display advertisements on this site.
- Betsy DeVille reserves the right to display attribution links for content contributed to our site.
- Betsy DeVille reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Betsy DeVille may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
- Betsy DeVille may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your BetsyDeVille.com account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by Betsy DeVille if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Betsy DeVille’s notice to you thereof; provided that, Betsy DeVille can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties.The Website is provided “as is”. Betsy DeVille and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Betsy DeVille nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
- Limitation of Liability.In no event will Betsy DeVille, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Betsy DeVille under this agreement during the twelve (12) month period prior to the cause of action. Betsy DeVille shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- General Representation and Warranty.You represent and warrant that (i) your use of the Website will be in strict accordance with the Betsy DeVille Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
- You agree to indemnify and hold harmless Betsy DeVille, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
- This Agreement constitutes the entire agreement between Betsy DeVille and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Betsy DeVille, or by the posting by Betsy DeVille of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the State of Texas, USA, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Travis County, Texas. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Travis County, Texas, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Betsy DeVille may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
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