General information
These Terms of Use ("Terms" or "Agreement") govern your use of the BÖWE Bell + Howell Web sites including BOWEBELLHOWELL.COM and MY.BOWEBELLHOWELL.COM (The "Sites"). Please read these Terms carefully before using these Sites. By accessing or using the Sites, you agree on your own behalf and your employer's (if your employer is the BÖWE Bell + Howell Customer) (collectively referred to as "You" or "you" or “Your” or “your” or “Customer”) to be bound by these Terms and by any amendments in effect at the time of your visit. BÖWE Bell + Howell reserves the right, at any time, to modify, update or amend these Terms, and you agree to be bound by such modifications, updates or amendments. We encourage you to review these Terms upon each visit to the Sites because any changes will be binding on you.
These Terms expressly incorporate by reference and include the BÖWE Bell + 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.
Intellectual property rights
Copyright
All content included on the Sites, such as text, graphics, logos, button icons, images, audio clips and video, all software, manuals and catalogs are the property of BÖWE Bell + 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, or placing an order through the MY.BOWEBELLHOWELL.COM site. 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 BÖWE Bell + Howell or any third party.
Trademark
All trademarks, logos, emblems, product brand names, service marks and trade names are proprietary to BÖWE Bell + Howell or other respective owners that have granted BÖWE Bell + Howell the right and license to use such trademarks. The unauthorized use of any trademark displayed on the Sites is strictly prohibited.
Rules of acceptance for user group behavior
Any User Group functions provided on the Sites are merely provided as a forum for the Sites' customers and users. All postings in User Groups are not under the control of BÖWE Bell + Howell and are not information or opinions of BÖWE Bell + Howell. BÖWE Bell + Howell does not endorse, approve, or certify such information, nor does it guarantee the accuracy, completeness, efficacy, timeliness, or correctness of such postings. Use of any posting 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 BÖWE Bell + Howell. BÖWE Bell + 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 information found in User Groups. BÖWE Bell + Howell makes no guarantees or warranties with respect to information posted on User Groups, including but not limited to any express or implied warranties of merchantability or fitness for a particular use or purpose.
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 content that encourages or promotes illegal activity, content that discusses illegal activities with the intent to commit them, or content that may give rise to civil or criminal liability in any way, or which violates federal, state, or local laws. You shall not post materials containing spam, commercial or advertising content. You shall not post materials 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 private information to User Groups, nor should You assume that postings are completely anonymous.
By submitting any content to the Sites, you automatically grant, or warrant that the owner of such content has expressly granted, BÖWE Bell + Howell the royalty-free, perpetual irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, transmit, create derivative works from, distribute, perform and display such content in an electronic environment.
You agree that BÖWE Bell + Howell has the right to remove and delete any postings for any reason whatsoever, or for no reason at all. BÖWE Bell + Howell reserves the right to filter from the User Groups all posts from individuals who display persistent behavior contrary to the Terms of Use governing use of the Sites.
Digital millennium copyright act compliance 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:
- An electronic or physical signature of a person authorized to act on behalf of the owner of the copyright;
- A statement that this person is authorized to act on behalf of the copyright owner;
- A statement that this person has a good faith belief that the use of the material in the complained-of manner is not authorized either by the copyright owner, by the owner's agent or by law;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Sites; and
- Your address, telephone number and e-mail address.
Please put "Notice of Infringement" in the subject line of all such notifications, and send the notification to: Blake.Eaddy@bowebellhowell.com or write to:
Blake Eaddy
Böwe Bell & Howell
3791 S. Alston Ave.
Durham, NC 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.
Disclaimer of warranties
THE SITES, ALL CONTENT AND PRODUCTS ARE PROVIDED "AS IS." EXCEPT AS OTHERWISE STATED HEREIN OR OTHERWISE PROVIDED TO YOU AT TIME OF PURCHASE, BÖWE BELL + 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 MATERIALS, PRODUCTS, OR SOFTWARE OBTAINED THROUGH THE SITES. BÖWE BELL + 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. BÖWE BELL + 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.
Disclaimer of liabilities
BÖWE BELL + 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 PRODUCTS, PARTS, SOFTWARE OR INFORMATION PROVIDED BY BÖWE BELL + 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 BÖWE BELL + HOWELL HAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. IN NO EVENT SHALL BÖWE BELL + HOWELL’S LIABILITY TO YOU (CUSTOMER) EXCEED THE PURCHASE PRICE FOR THE PRODUCT OR PARTS GIVING RISE TO A CLAIM OR LIABILITY.
Indemnification
You hereby agree to indemnify, defend and hold BÖWE Bell + 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 use of the Sites, including, without limitation, reasonable attorneys' fees. You shall cooperate as fully as reasonably required in the defense of any claim. BÖWE Bell + Howell reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
Links to other sites
The Sites may contain links to other World Wide Web Internet sites and resources. BÖWE Bell + Howell is not responsible for the availability of external sites or resources linked to the Sites, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. Transactions that occur between you and the third party are strictly between you and the third party and are not the responsibility of BÖWE Bell + Howell. Because BÖWE Bell + Howell is not responsible for the availability of these outside resources or their contents, you should review the terms and conditions of these linked sites, as their policies may differ from ours. You should direct any concerns regarding any external link to its site administrator or Webmaster.
Termination
BÖWE Bell + 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.
Export of information
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.
Jurisdiction and applicable 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.
Additional provisions governing MY.BOWEBELLHOWELL.COM
Registration, password use and security
BÖWE Bell + Howell has established the MY.BOWEBELLHOWELL.COM 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.BOWEBELLHOWELL.COM site, customers must register through that site. By registering for the MY.BOWEBELLHOWELL.COM site, You represent and warrant that You are a BÖWE Bell + 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 BÖWE Bell + 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 BÖWE Bell + Howell. BÖWE Bell + 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.BOWEBELLHOWELL.COM 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 BÖWE Bell + Howell at mybbh.support@bowebellhowell.com 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 BÖWE Bell + Howell when a user is no longer employed by customer or authorized to act on Customer's behalf so that BÖWE Bell + Howell can terminate that User ID and Password.
BÖWE Bell + 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 BÖWE Bell + Howell's control or due to your failure to maintain the confidentiality and security of the User ID or Password.
Ordering products and services
Orders may be placed via the MY.BOWEBELLHOWELL.COM 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.
Pricing
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.
Taxes
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.
Order minimums, payment terms and priority handling fees
The minimum order value is $50.00. Orders over $50.00 but less than $100.00 must be paid with a credit card. BÖWE Bell + Howell accepts the following credit cards: Mastercard, Visa, and American Express. C.O.D. shipments are not permitted. For customers with established credit with BÖWE Bell + 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.
Shipment
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 BÖWE Bell + Howell for all such charges incurred by us on Your behalf within 30 days after receipt of invoice for such charges.
Claim
Any claim due to short shipment must be made to BÖWE Bell + 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.
Returns
Returns may be made within 60 days of shipment subject to approval by BÖWE Bell + Howell and will be subject to a 15% restocking charge. If BÖWE Bell + Howell chooses to accept a product or part return after 60 days from shipment, then 35% of the invoiced price for the returned product or part will be credited to Your account. Returns must be brand new and never used. A credit will be issued after inspection confirms that the product or parts meets the foregoing requirement. A credit memo will be issued to You for the value of the product or part at the time You were invoiced less any restocking charges and any other charges. Shipping and handling charges will not be refunded under any circumstances.
Substitution
Parts or products ordered may be substituted by BÖWE Bell + Howell in its sole discretion.
Product warranties
BÖWE Bell + Howell warrants that the products or parts sold by BÖWE Bell + 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, BÖWE Bell + 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 BÖWE Bell + 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 BÖWE Bell + 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 .
Trade secrets
Any software, manuals or other documentation available through the MY.BOWEBELLHOWELL.COM 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 BÖWE Bell + Howell, give BÖWE Bell + Howell a competitive advantage vis-à-vis its competitors and are the subject of reasonable efforts by BÖWE Bell + 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 BÖWE Bell + Howell products as authorized by BÖWE Bell + Howell. You further acknowledge that any other use, reproduction, modification, distribution, transmission, republication, display or performance of those materials is strictly prohibited.