Updated: June 1, 2021
Bethel Superstore controls and operates this Site from its offices within the Bahamas. Claims relating to, including the use of, this Site and the materials contained herein are governed by the laws of the Commonwealth of the Bahamas without regard for its conflicts of law provisions.
Arbitration Procedure. Any such binding arbitration shall be administered by the American Arbitration Association (“AAA”) in accordance with The Arbitration Acts of the Commonwealth of the Bahamas. One arbitrator shall be appointed in accordance with the rules of the Arbitration Acts of the Commonwealth of the Bahamas. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Fees and Costs. Each party to any binding arbitration under this provision shall bear its own costs, fees, and expenses of arbitration. However, Bethel Superstore shall pay all filing and administration fees charged by the arbitrator up to $1,000. If the arbitrator issues an award in Bethel Superstore’s favor, you will not be required to reimburse Bethel Superstore for these filing and administration fees.
Award. The arbitrator’s decision and award shall be in writing, and counterpart copies thereof shall be delivered to each of the parties simultaneously. In rendering such decision and award, the arbitrator shall not add to, subtract from or otherwise modify the provisions of this agreement or any agreement entered into pursuant hereto. Any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys’ fees. Under no circumstances will you be permitted to seek recovery for, and you hereby waive all rights to claim, punitive, incidental, and consequential damages and any other damages, other than for actual out-of-pocket expenses and statutory damages, and waive any and all rights to have damages multiplied or otherwise increased.
LIMITATION OF OTHER PROCEEDINGS AND CLASS ACTION WAIVER
Each party agrees that it will not file (nor will it cause any other person or entity to file) any suit, motion, petition, or otherwise commence any legal action or proceeding which may be submitted to arbitration pursuant to this Agreement. Upon the entry of an order dismissing or staying any such action or proceeding in a court, the party which filed such action or proceeding shall promptly pay to the other party the attorneys’ fees, costs, and expenses incurred by such other party prior to the entry of such order. Moreover, BY AGREEING TO ARBITRATION IN ACCORDANCE WITH THIS PROVISION, YOU WAIVE YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN ANY ACTION AGAINST BETHEL SUPERSTORE REGARDING ANY CLASS CLAIM YOU MAY HAVE AGAINST BETHEL SUPERSTORE, INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS.
SITE CONTENTS, OWNERSHIP, AND USE RESTRICTIONS
The information contained in this Site including all images, illustrations, designs, photographs, video clips, writings and other materials that appear herein are copyrights, trademarks, trade dress or other intellectual property owned, controlled, or licensed (all of which, collectively, are herein referred to as the "Contents") by Bethel Superstore or its subsidiaries and affiliates ("Bethel Superstore") or are the property of their respective owners. The name Bethel Superstore and the Bethel Superstore logo are registered marks of A. L. Bethel Enterprises.
Permission is granted to display, copy, distribute, download, and print in hard copy portions of this Site for the purposes of:
(1) placing an order with Bethel Superstore or
(2) using this Site as a shopping resource, provided you do not modify the Site and that you retain, without modification, all copyright and other proprietary notices contained in the Contents.
Except in connection with shopping or placing an order, none of the Contents may be copied, reproduced, distributed, republished, downloaded, displayed, performed, modified, posted electronically or mechanically, transmitted, recorded, or in any manner mirrored without the prior written permission of Bethel Superstore or the applicable copyright owner.
Please note that the permission granted herein terminates automatically if you breach any of these Site terms or conditions. Any other use of the Contents on this Site other than as noted above may violate copyright or trademark laws, and, without the prior written permission of Bethel Superstore, is strictly prohibited.
DISCLAIMER OF WARRANTY
BETHEL SUPERSTORE IS PROVIDING THIS SITE AND ITS CONTENTS ON AN "AS IS" BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ALTHOUGH BETHEL SUPERSTORE BELIEVES THE CONTENT TO BE ACCURATE, COMPLETE, AND CURRENT, BETHEL SUPERSTORE DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE ON THIS SITE IS ACCURATE, COMPLETE, OR CURRENT. Price and availability information is subject to change without notice.
DISCLAIMER OF LIABILITY
IN NO EVENT SHALL BETHEL SUPERSTORE BE LIABLE FOR SPECIAL, INDIRECT, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER (COLLECTIVELY, “DAMAGES”), INCLUDING BUT NOT LIMITED TO, LOSS OF USE, DATA, OR PROFITS, WITHOUT REGARD TO THE FORM OF ANY ACTION, INCLUDING BUT NOT LIMITED TO CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTIONS, ALL ARISING OUT OF OR IN CONNECTION WITH THE USE, COPYING, OR DISPLAY OF THE CONTENTS OF THIS SITE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES; AS A RESULT, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART AND THE FOREGOING PARAGRAPH SHALL NOT APPLY TO A RESIDENT OF NEW JERSEY TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF BETHEL SUPERSTORE ’S NEGLIGENT, FRAUDULENT, OR RECKLESS ACT(S) OR INTENTIONAL MISCONDUCT.
In an effort to provide our customers with the most current information, Bethel Superstore will, from time to time, make changes in the Contents and in the products or services described on this Site.
You agree to indemnify and hold Bethel Superstore (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, including reasonable attorneys' fees, costs, expenses or damages relating to defending such claims, arising out of or related to a breach of your representations and warranties set forth herein, or your violation of any law or the rights of a third party.
BETHEL SUPERSTORE MARKETPLACE
Bethel Superstore operates an online marketplace program on the Site, which enables Marketplace Retailers to sell their products alongside Bethel Superstore products and, once an order is placed, to ship such Marketplace Retailers’ products directly to the customer (the “Bethel Superstore Marketplace”). Any use of the Bethel Superstore Marketplace is subject to the following additional terms:
• “Marketplace Retailer” means any third-party entity or retailer that sells goods or services in the Bethel Superstore Marketplace through the Site.
• Marketplace items are not eligible for promotion pricing, including but not limited to, Instant Savings, Coupon Savings, Mail-In Savings, and Bundled Savings.
• To the fullest extent provided by applicable law, Bethel Superstore has no responsibility or liability for any Marketplace Retailer or their products.
ABOUT OUR PRICES
The prices advertised on this Site are for Internet orders unless otherwise noted. Prices on some items may differ from those charged at Bethel Superstore’s store. Prices and the availability of items are subject to change without notice. Any "list prices" used on this Site are provided by product manufacturers, distributors or determined based upon comparable products and are subject to change. Your purchase price may vary.
We reserve the right to limit sales, including the right to prohibit sales to re-sellers. While we make every effort to provide accurate information, inaccuracies or errors may occur. We are not responsible for such errors. We reserve the right to make changes, corrections, and/or improvements to the information contained on this Site and to the products and programs described in such information, at any time without notice.
There may be certain orders that we are either unable to accept or must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason, including those made to resellers. Possible circumstances involving our canceling an order may be limitations on quantities available for purchase or inaccuracies or errors in product or pricing information.
Promotion pricing, including but not limited to, Instant Savings, Coupon Savings, Mail-In Savings, and Bundled Savings, that is available on www.BethelSuperstore.com is not available for orders placed on business.bethelsuperstore.com.
USER COMMENTS, FEEDBACK, AND OTHER INFORMATION AND SUBMISSIONS PROVIDED BY YOU
You agree that any material, information, and ideas that you transmit to this Site or otherwise provide to Bethel Superstore ("Transmissions") shall be and remain Bethel Superstore 's property. By submitting any Transmissions to Bethel Superstore, you represent and warrant that:
1. you are the sole author and owner of the Transmission and any intellectual property rights thereto;
2. all "moral rights" that you may have in such Transmission have been voluntarily waived by you;
3. all Transmissions that you post are accurate;
4. you are at least 13 years old; and
You further agree and warrant that you shall not submit any Transmission:
1. that is known by you to be false, inaccurate or misleading;
2. that infringes any third party's intellectual property rights or rights of publicity or privacy;
3. that violates any law, statute, ordinance or regulation;
4. that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
5. for which you were compensated or granted any consideration by any third party;
6. that includes any information that references other websites, addresses, email addresses, contact information or phone numbers; or
7. that contains any computer viruses, worms or other potentially damaging computer programs or files.
For any Transmission, you grant Bethel Superstore a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, display, perform, delete in its entirety, adapt, publish, translate, create derivative works from, sell and/or distribute such content, and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.
By submitting your email address in connection with your Transmission, you agree that Bethel Superstore and its third-party service providers may use your email address to contact you about the status of your Transmission and other administrative purposes.
NOTICE AND TAKE DOWN PROCEDURES
If you believe any materials ("Materials") on the Site infringe your copyright or trademark rights, you may request such Materials be removed by following the notice and take down procedures of the Digital Millennium Copyright Act. To follow those procedures, contact the Office of the General Counsel at Bethel Superstore (address below) and provide the following information:
1. A clear statement identifying the works, or other materials believed to be infringed.
2. A statement from the intellectual property owner ("Owner") or authorized representative that the Materials are believed to be infringing and not authorized by the Owner.
3. Sufficient information about the location of the allegedly infringing Materials so that Bethel Superstore can find and verify its existence.
4. Your name, telephone number and e-mail address.
5. A statement from you under penalty of perjury that the information supplied is accurate, and that you are authorized to act on the Owner's behalf.
6. A signature or the electronic equivalent from the Owner or authorized representative.
Bethel Superstore 's agent for notice of copyright or trademark issues on the Site can be reached as follows:
Bethel Superstore, LLC
11 West Mall Drive
Attn: Office of the General Counsel
Bethel Superstore shall be free to use any ideas, concepts, know-how, or techniques contained in such information for any purpose whatsoever including, but not limited to, developing, manufacturing, or marketing products incorporating such information. You further agree that Bethel Superstore may use information about your demographics and use of this Site in any manner that does not reveal your identity.
In using this Site you agree to the following:
(a) you will not use any device, software, or other instrumentality to disrupt, damage or interfere with or attempt to disrupt, damage or interfere with the proper functioning of this Site;
(b) you will not to violate or attempt to violate the security of this Site, including, without limitation, (i) logging onto an account that you are not authorized to access; (ii) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mail bombing" or "crashing"; or (iii) attempt to transmit any "virus", "Trojan horse" or other software destruction or disruption device; and
(c) you will not intentionally or unintentionally violate any applicable international, federal, state or local law, including but not limited to any regulations applicable to your use of this Site.
NOTICE FOR CALIFORNIA RESIDENTS
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please send an email to firstname.lastname@example.org. You may also contact us by writing to Bethel Superstore , P.O. Box F-44044, Freeport, Grand Bahamas, Bahamas, Attn: Customer Relations or by calling 242-352-2665. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.