| BHE-Bill Terms and Conditions for Purchases of Goods and Services |
These Terms and Conditions govern any transaction involving a person or other legal entity ("Purchaser") who purchases goods or subscribes to services offered by one or more Internet site(s) ("Site") through BHE-Bill ("The Service"). Purchaser's use of The Service affords Purchaser instant confirmation of Purchaser's access ("Membership") to the Internet site or sites ("Site") for the original number of days ("Initial Term") selected by Purchaser, as well as the ability to purchase certain goods and/or services offered by the Site. Granting of Membership is contingent on approval of the charge to Subscriber's credit card for the initial payment ("Initial Fee"). All other purchases are contingent on receipt of funds by BHE-Bill for the full purchase price, including any applicable shipping charges, handling fees, and taxes. The Service is a reseller who has been authorized to sell Membership and/or goods and/or services offered by, the Site. The Service has no other relationship to the Site or to any services, products, or content offered through or by the Site. We do not produce any of the content or material found on the Site, or on any website other than bhebill.com or that of our parent company, b-h-e.com, and are neither primary nor secondary producers of any such content or material within the meaning of 18 U.S.C. 2257. For all purposes, the content and material on the Site is the sole responsibility of the owner or proprietor of that Site. The Service has no control over and is in no way responsible for the quality, nature, details, or suitability for any particular purpose of any of the content or goods, services, or other products offered through or by the Site. This Agreement By using the Service, Purchaser agrees to be bound by these BHE-Bill Purchaser Terms and Conditions ("Agreement"). In addition, Purchaser hereby fully agrees to abide by and be held to any Terms and Conditions related to the Site for which Purchaser is purchasing a Membership. These Terms and Conditions are subject to change by BHE-Bill at any time and without notice. You may view the most current copy of the Agreement at http://bhebill.com/memberterms.html. Applicability of this Agreement to Both Goods and Services These Terms and Conditions apply to both Memberships, or other electronic services, and physical goods purchased through the Service. Purchaser hereby agrees to be held to these Terms and Conditions for any and all goods and services ordered, purchased, or otherwise obtained by Purchaser through use of the Site. Automatic Rebilling for Membership The Initial Fee is due and payable in advance for the Initial Term selected. At the end of the Initial Term, if Purchaser has selected a Membership that automatically renews, Purchaser's credit card will be billed according to the Membership rate at the beginning of the Initial Term ("Renewal Fee") for the standard membership term associated with the service selected by Purchaser ("Renewal Term"). Purchaser's credit card will be billed at the end of each subsequent Renewal Term for the amount of the Renewal Fee. Cancellation and Maintenance of Membership BHE-Bill reserves the right to terminate Membership at any time and without notice to Purchaser. Where BHE-Bill elects to terminate Membership ("Termination") at the end of the Initial Term or any subsequent Renewal Term, Purchaser's credit card will be billed only for Membership prior to termination. Where Termination by BHE-Bill occurs prior to the end of the Initial Term or any subsequent Renewal Term, and where such Termination in no way results from the fault of Purchaser, BHE-Bill will issue a credit to Purchaser's credit card in an amount equal to the number of days remaining in the Initial Term or Renewal Term following the date of Termination, divided by the total number of days in such Term, times the Fee charged for that Term. However, should Termination by BHE-Bill come as a result of Purchaser's failure to adhere to any provision(s) of these Terms and Conditions or to any provision(s) of the Terms and Conditions related to the Site to which the Membership applies, or due to Purchaser's fraudulent or otherwise illegal activities, BHE-Bill will not be obligated to provide refund, credit, or compensation of any kind to Purchaser. Termination by BHE-Bill shall in no way limit BHE-Bill's right to seek any other remedy or damages to which BHE-Bill may be entitled by virtue of Purchaser's failure to adhere to any provision or provisions of these Terms and Conditions or to any provision or provisions of the Terms and Conditions related to the Site to which the Membership applies, or resulting from Purchaser's fraudulent or otherwise illegal acitivites. Where Purchaser requests that BHE-Bill cancel Purchaser's Membership, such cancellation is effective as of the end of the Term for which the last Fee has been received by BHE-Bill. No refunds will be made for the period from the receipt of the request for termination to the expiration of the Term. Site Access and Use Purchaser is responsible for providing all personal computer and communications equipment necessary to gain access to The Service and Site. Access to and use of Site is through a combination of a username and a password which are provided to Purchaser at the time Membership is established. Purchaser must keep his username and password strictly confidential, and The Service is not responsible for any harm that may result to Purchaser due to his failure to do so. Notice Required from Purchaser Purchaser must promptly inform BHE-Bill if any of the following occurs:
If the credit card or debit card provided by Purchaser to BHE-Bill has expired during an attempt to renew Purchaser's Membership, Purchaser authorizes BHE-Bill to revise the expiration date and proceed with billing using the same credit or debit card account. Unauthorized access to The Service is a breach of this Agreement and a theft of services. Purchaser Contact with BHE-Bill The Purchaser may cancel or maintain Membership through the use of the BHE-Bill customer support page or by E-mail. If Purchaser is notifying BHE-Bill of cancellation by E-mail, the request MUST be addressed to billing@bhebill.com and MUST include Purchaser's name, the Site address(es) (URL) for which cancellation is requested, Purchaser's Username, and a valid e-mail address. Any correspondence omitting one or more of these elements WILL BE IGNORED. Lost Username or Password BHE-Bill is committed to serving its customers. However, in order to protect the security of our customers, BHE-Bill will only provide lost username and/or password information if Purchaser has furnished a valid e-mail address and the person receiving e-mail at such address can respond to the challenge phrase entered by Purchaser upon initiation of Membership. The Service is not responsible for interception of username and/or password information sent by BHE-Bill compliance with the above process, including but not limited to where Purchaser allows others to access the e-mail account provided to BHE-Bill. Returns & Exchanges Specific Return & Exchange terms may be posted on the web site where you originated your transaction; if so, these terms apply to this specific transaction. In the absence of posted terms, ALL SALES ARE FINAL, with no refunds, exchanges or adjustments. However, BHE-Bill reserves the right to make any refund, adjustment, exchange, or to accept a return, at its sole discretion. Disclaimer of Warranty No warranty is made by BHE-Bill regarding any services, products, or content offered through or in connection with The Service or the Site in which you have purchased a Membership. To the extent allowed by applicable law, BHE-Bill hereby expressly disclaims any and all warranties, including without limitation: 1) any warranties as to the availability, accuracy, or content of information, products, or services; and 2) any warranties of merchantability or fitness for a particular purpose. Limitation of Liablity To the extent allowable under applicable law, BHE-Bill SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES (1) RESULTING FROM THE USE OR INABILITY TO USE EITHER THE SERVICE OR SITE, NOR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, OR (2) THE USE OR CONSUMPTION OF ANY GOODS OR SERVICES PURCHASED OR OBTAINED, MESSAGES RECEIVED, OR TRANSACTIONS ENTERED INTO THROUGH THE EITHER THE SERVICE OR SITE. BHE-Bill's liability, including without limitation any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of records, whether for breach of contract, tortious behavior, negligence, or under any other cause or action, shall be strictly limited to the amount paid by or on behalf of Purchaser to BHE-Bill for the preceding thirty days. General Provisions The material on the Site is for the private, non-commercial use of Purchaser only. Any other use is strictly prohibited. Purchaser hereby warrants and represents that Purchaser is over the age of 18 or, if greater, the minimum age required by applicable law to enter into this Agreement and into any agreements required by the Site. Purchaser further warrants and represents that Purchaser may legally view the content and utilize the services, products, and other offerings of Site in the Subscriber's community. Subscriber further warrants and represents that Subscriber is in all respects qualified and competent to enter into this Agreement. This Agreement will be governed in accordance with the laws of the State of Georgia, United States of America, without reference to conflict of laws principles. Any dispute between Purchaser and BHE-Bill under this Agreement will be resolved by binding arbitration held in Gwinnett County, Georgia, United States of America, to be conducted by a single arbitrator mutually acceptable to the parties, applying the Commercial Arbitration Rules of the American Arbitration Association. For these purposes, by using The Service you submit to personal jurisdiction in Gwinnett County, Georgia, United States of America, and agree not to contest the holding of all arbitration hearings in that County. In such proceedings the arbitrator is hereby directed to award to the substantially prevailing party its reasonable attorney's fees and expenses of arbitration and to cast the entire administrative cost of such proceedings on the losing party. This Agreement contains the entire agreement between the Purchaser and BHE-Bill regarding the use of The Service, and supersedes any and all prior written and oral understandings and writings. This Agreement may only be amended by BHE-Bill. It is hereby agreed that the provisions of this Agreement are wholly severable, such that in the event that any provision(s) of this Agreement are subsequently found to be unenforceable, it will not affect the enforceability of the remainder of the Agreement. Unless otherwise explicitly stated, the provisions of this Agreement shall survive its termination. Purchaser's continued use of The Service constitutes an affirmative: (1) acknowledgment by Purchaser of the Agreement and its modifications; and (2) agreement by Purchaser to abide and be bound by the Agreement including any subsequent modifications. At any time, Purchaser may view the then-current Agreement at http://bhebill.com/memberterms.html. |