These terms and conditions (“Agreement”) set forth the general terms and conditions of your use of the bellafizz.com website (“Website”), “Bella Fizz” mobile application (“Mobile Application”) and any of their related products and services (collectively, “Services”). This Agreement is legally binding between you (“User”, “you” or “your”) and Bella Fizz (doing business as “Bella Fizz LLC”, “we”, “us” or “our”). If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms “User”, “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this Agreement, you must not accept this Agreement and may not access and use the Services. By accessing and using the Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. You acknowledge that this Agreement is a contract between you and Bella Fizz LLC, even though it is electronic and is not physically signed by you, and it governs your use of the Services.
If you create an account on the Services, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may, but have no obligation to, monitor and review new accounts before you may sign in and start using the Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We 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. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.
You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Where Services are offered on a free trial basis, payment may be required after the free trial period ends, and not when you enter your billing details (which may be required prior to the commencement of the free trial period). If auto-renewal is enabled for the Services you have subscribed for, you will be charged automatically in accordance with the term you selected. Sensitive and private data exchange happens over a SSL secured communication channel and is encrypted and protected with digital signatures, and the Services are also in compliance with PCI vulnerability standards in order to create as secure of an environment as possible for Users. Scans for malware are performed on a regular basis for additional security and protection. If, in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase. We reserve the right to change products and product pricing at any time. We also reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
Occasionally there may be information on the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, availability, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Services or Services is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Services including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Services should be taken to indicate that all information on the Services or Services has been modified or updated.
If you decide to enable, access or use third party services, be advised that your access and use of such other services are governed solely by the terms and conditions of such other services, and we do not endorse, are not responsible or liable for, and make no representations as to any aspect of such other services, including, without limitation, their content or the manner in which they handle data (including your data) or any interaction between you and the provider of such other services. You irrevocably waive any claim against Bella Fizz LLC with respect to such other services. Bella Fizz LLC is not liable for any damage or loss caused or alleged to be caused by or in connection with your enablement, access or use of any such other services, or your reliance on the privacy practices, data security processes or other policies of such other services. You may be required to register for or log into such other services on their respective platforms. By enabling any other services, you are expressly permitting Bella Fizz LLC to disclose your data as necessary to facilitate the use or enablement of such other service.
Although the Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. Some of the links on the Services may be “affiliate links”. This means if you click on the link and purchase an item, Bella Fizz LLC will receive an affiliate commission. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link on the Services. Your linking to any other off-site resources is at your own risk.
1. To promote and sell Bella Fizz products only to ultimate consumers and not to resellers, and only in quantities generally purchased by an ultimate consumer for personal use. I understand that I may not sell or display Bella Fizz products in retail sales or service establishments.
2. To maintain the highest standards of integrity, honesty and responsibility in dealings with the Company, consumers and other Independent Representatives of the Company. To present Bella Fizz products in a truthful and sincere manner and hold the Company harmless from damages resulting from misrepresentations by me.
3. To protect the Bella Fizz trademarks and trade name by obtaining the Company’s written permission prior to my use in any advertising (including but not limited to the Internet) or literature other than Company-published material. I understand that display or sale of Bella Fizz products in or to public, retail or service establishments of any kind (including Internet retail or auction sites) is prohibited under the terms of this Agreement. I agree that I will not (directly or indirectly through any intermediary or instrumentality) offer for sale, or facilitate the offering of Bella Fizz products for sale through such establishments or websites (including, but not limited to, eBay and Amazon). I understand that the obligations in this paragraph survive the termination of this Agreement.
4. As an independent contractor, to assume sole liability for all self-employment taxes, tax filings and registrations legally required by my activities as an Independent Representative and to abide by all federal, state and local laws governing my Bella Fizz business, including anti-spam, privacy and other consumer protection laws.
5. To purchase the Starter Kit and all Bella Fizz products only from the Company. All orders submitted to the Company shall be accompanied by cash, credit card charge, cashier’s or certified check or money order made payable to the order of “Bella Fizz LLC.” for the full amount due. I understand that all orders are subject to acceptance by Company and the terms of this Agreement.
6. I am not a joint venturer with, or franchisee, partner, agent or employee of the Company. I have no power or authority to incur any debt, obligation or liability on behalf of the Company. I understand that all Independent Representatives are independent contractors and are subject to this provision.
7. When presenting the Bella Fizz opportunity, to do so in a truthful and sincere manner and ensure that any prospective Independent Representative recruited by me is the age of 18 years or older and receives education and materials related to a Bella Fizz business upon submission of an Independent Representative Agreement.
8. To keep my contact information on file with the Company up-to-date, including my current address and phone number. The Company may release my name and telephone number. If this information is not to be released, I agree to notify Company that I do not
want this information released by written notice directed to: [ ]. The Company also may share information about me with other Independent Representatives and third-party vendors as necessary for the fulfillment of contractual obligations.
9. To keep the personal information of other Independent Representatives, customers and potential customers that I obtain as a result of, or in connection with, my Bella Fizz business secure and not to disclose or share this information with others without express permission from the individual. I further agree to treat any and all personal information received by me directly or indirectly from the Company as highly confidential and to not disclose it to others without the express authorized written permission of the Company.
10. To abide by the terms, conditions and guidelines of all tools and services that the Company makes available and that I use to support my business.
11. To comply with any changes to the General Terms and Conditions of the Independent Representative Agreement that may be made by the Company. The Company may change suggested retail prices, discounts, commissions, shipping and handling charges, contest rules and active status requirements at any time, which become effective after the Company has provided 10 days’ written notice of the changes by posting on the Company website(s).
12. I may not delete, add, modify, tamper with, or alter any labels, material, or packaging for Bella Fizz products or associated product literature.
13. I am responsible for providing customers with high quality Bella Fizz products and for the proper storing and handling of Bella Fizz products. I agree to follow any specific instructions provided on product labels, literature, and fact sheets, as well as any other instructions that may be provided through the Company website(s).
14. To provide truthful and accurate information to my customers and potential customers regarding Bella Fizz products. I will provide contact information to my customers sufficient to allow them to contact me in the event the customer has questions about a product or a product purchase.
15. During the term of my Independent Representative Agreement and for six months thereafter, not to engage, directly or intentionally, in any business that competes with the Company after the Representative has reached the Premier Bella Title.
16. The Independent Representative will pay the Company $25 upon the Company’s acceptance of this Agreement and upon each annual renewal of this Agreement.
17. The Independent Representative will autopay the Company a monthly fee upon the Company’s acceptance of this Agreement to keep their personal website active. The Independent Representative shall ensure all customer orders are placed and processed through the Independent Representative’s personal website.
18. In providing my banking information the Representatives agrees to debits and credits to the provided bank account. A bank account must be provided to receive funds.
BELLA FIZZ LLC (“COMPANY”) AGREES:
1. Not to impose any geographical territories on Independent Representative concerning except as provided in Section A. 1.
2. Company reserves no right of control or direction of Independent Representative’s activities, other than the right to question results.
3. Customer names and addresses furnished by Independent Representative to the Company in connection with optional programs shall remain the sole property of Independent Representative and will not be used by the Company or disclosed by the Company to other parties without Independent Representative’s permission, except as may be required by law.
This Agreement is subject to written acceptance by the Company. Such acceptance is conditioned upon receipt of a Starter Kit by Independent Representative. This Agreement shall be governed by the laws of the State of Michigan as to all matters. The parties further agree that if any dispute or controversy arises between them concerning any matter relating to this Agreement that any issues which either party may elect to submit for legal jurisdiction shall be submitted to the jurisdiction of the courts of the State of Michigan, with the exception of any dispute or controversy arising out of or relating to the use or misuse of Bella Fizz intellectual property, which dispute may, at the sole discretion of the Company, be submitted to the exclusive jurisdiction of the Federal District Court for the Western District of Michigan. The parties agree that the venue for any court action shall be Grand Rapids, Michigan.
This Agreement is not subject to alteration, modification or change, except in writing, signed by an authorized executive of the Company and shall not be deemed to be changed, modified or altered by reason of any advice, suggestions, guides or sales aids furnished by the Company to the Independent Representative. This Agreement shall be effective for one year following the date of acceptance by the Company and shall thereafter be renewed on each annual anniversary of the date of acceptance, for additional terms of one year each, provided that the Agreement may be terminated by either party effective immediately for any breach of its provisions or by either party at any time during the initial term or any renewal term by not less than thirty (30) days written notice.
Each party shall pay its own fees and expenses (including attorney’s fees) in connection with this Agreement and the subject matter hereof (including, without limitation, any claim or action with respect to any breach or alleged breach of this Agreement).
This is the sole and only Agreement between the parties relating to the subject matter hereof, and both parties acknowledge that the Independent Representative is not an employee of the Company and will not be treated as an employee with respect to this Agreement for federal, state or local tax purposes, or otherwise.
Terms and Conditions
1. Electronic Disclosure Notice:
All documents, including but not limited to, this Electronic Disclosure Agreement, your Independent Representative Agreement and other documents that may apply to you in your capacity as a Bella Fizz Independent Representative, as well as all notices, disclosures and records (collectively, “Disclosures”) relating to your independent business with Bella Fizz LLC may be sent to you electronically at the email address indicated by you in the registration section or by viewing the Disclosures on the Internet.
Alternatively, Bella Fizz LLC may provide you with Disclosures through the mail. 2. Consent to Electronic Disclosures:
You agree to receive all Disclosures from Bella Fizz LLC electronically which Bella Fizz LLC may send to you by email or by viewing the Disclosures on the Internet.
3. Withdrawal of Consent:
You may withdraw your consent to electronic Disclosures in the future at any time without charge, subject to the conditions set forth below.
a. To withdraw your consent, notify the Company in writing.
In the event you withdraw your consent to receiving electronic Disclosures, you will still remain subject to all of the terms and conditions of your Independent Representative Agreement. Among other provisions, your Independent Representative Agreement provides that any required written notice may be given by posting such notice on the Company website(s).
4. Technical Requirements:
To access Disclosures electronically and print copies of these Disclosures for your records, you must have Internet access, as well as access to a printer. You acknowledge that you have access to a computer that is capable of accessing the Internet and an Internet browser that enables you to access Bella Fizz LLC’s web site. You also acknowledge that you have access to a printer or the ability to make hard copies of the Disclosures.
5. Contact Information:
You agree to promptly notify us of any changes in your email address or your home address.
In addition to other terms as set forth in the Agreement, you are prohibited from using the Services or Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services, third party products and services, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Services, third party products and services, or the Internet. We reserve the right to terminate your use of the Services for violating any of the prohibited uses.
“Intellectual Property Rights” means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. This Agreement does not transfer to you any intellectual property owned by Bella Fizz LLC or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Bella Fizz LLC. All trademarks, service marks, graphics and logos used in connection with the Services, are trademarks or registered trademarks of Bella Fizz LLC or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Services may be the trademarks of other third parties. Your use of the Services grants you no right or license to reproduce or otherwise use any of Bella Fizz LLC or third party trademarks.
You agree that such Service is provided on an “as is” and “as available” basis and that your use of the Services is solely at your own risk. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service unless stated otherwise. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.
To the fullest extent permitted by applicable law, in no event will Bella Fizz LLC, its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of Bella Fizz LLC and its affiliates, officers, employees, agents, suppliers and licensors relating to the services will be limited to an amount no greater than one dollar or any amounts actually paid in cash by you to Bella Fizz LLC for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.
You agree to indemnify and hold Bella Fizz LLC and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Services or any willful misconduct on your part.
All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Michigan, United States without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of United States. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Michigan, United States, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
You may not assign, resell, sub-license or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without our prior written consent, which consent shall be at our own sole discretion and without obligation; any such assignment or transfer shall be null and void. We are free to assign any of its rights or obligations hereunder, in whole or in part, to any third party as part of the sale of all or substantially all of its assets or stock or as part of a merger.
We reserve the right to modify this Agreement or its terms related to the Services at any time at our discretion. When we do, we will revise the updated date at the bottom of this page, post a notification within the Services. We may also provide notice to you in other ways at our discretion, such as through the contact information you have provided.
An updated version of this Agreement will be effective immediately upon the posting of the revised Agreement unless otherwise specified. Your continued use of the Services after the effective date of the revised Agreement (or such other act specified at that time) will constitute your consent to those changes.
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Services.
If you have any questions, concerns, or complaints regarding this Agreement, we encourage you to contact us using the details below:
This document was last updated on April 5, 2022