Website Terms of Use
Website Terms of Use
This version in effect since 21 March 2025
This Agreement governs use of the Belmont Royce website. It exempts Belmont Royce and other persons
from liability or limits their
liability, and contains other important provisions that you should read. By using the website, you
acknowledge
and signify that you
have read, understood and agreed, without limitation or qualification, to be bound by this Agreement. If
you
do not agree to each
provision of this Agreement or you are not authorized to agree and to accept this Agreement on behalf of
the
person or company you
purport to represent, you may not access or use the Belmont Royce Website.
1. Your Acceptance of this Agreement
This is an Agreement between you and Belmont Royce, regarding your access to and use of the Belmont Royce
website and all content, information, and services available on or through the website (collectively, the
“Website”). Each time you use the Website you signify your acceptance and agreement, without limitation or
qualification, to be bound by this Agreement as it then reads, and you represent and warrant that you have
the legal authority to agree and to accept this Agreement on your own behalf or on behalf of any company or
other person on whose behalf you are using the Website (for example, if you are using the Website in the
course of your employment, you must have the authority to accept this Agreement on behalf of your employer).
If you do not agree with each provision of this Agreement, or you do not have the legal authority to agree
and accept this Agreement on your own behalf or on behalf of any company or other person on whose behalf you
are using the Website, you may not access or use the Website. If you are using the Website on behalf of any
company or other person, all references in this Agreement to “you” include that company or other person.
2. Permission to Use the Website
The Website may be accessed and used only by persons in jurisdictions where Belmont Royce’s products may
lawfully be provided (collectively, “Authorized Jurisdictions”), and by individuals who can form legally
binding
contracts on their own behalf and on behalf of any company or other person on whose behalf they are using
the
Website and who have accepted this Agreement. The Website, and the information and documents available on or
through the Website, are not intended for persons resident or located in any jurisdiction other than the
Authorized Jurisdictions. You are solely responsible for determining whether your use of the Website is
lawful,
and you must comply with all laws applicable in the jurisdiction from which you are accessing and using the
Website.
3. Scope of Agreement
This Agreement governs your use of the Website and is the entire agreement between you and Belmont Royce
relating to your use of the Website and supersedes all previous agreements, written, oral or otherwise,
between
you and Belmont Royce with respect to your use of the Website. This Agreement is in addition to and
supplements
any other written agreements you may have with Belmont Royce concerning your dealings with Belmont Royce
generally. If there is any inconsistency or conflict between this Agreement and any other agreements that
you
have with Belmont Royce, this Agreement will govern regarding access to and use of the Website, and the
other
agreements will govern regarding all other matters.
4. Changes to this Agreement
Belmont Royce may in its discretion change, supplement or amend this Agreement from time to time as it
relates
to your future use of the Website, without any prior notice or liability to you or any other person, by
posting
the revised Agreement on the Website. Each time you use the Website after this Agreement has been revised,
you
signify your acceptance and agreement to be bound by the revised Agreement, without limitation or
qualification,
and you represent and warrant that you have the legal authority to agree and accept the revised Agreement on
your own behalf or on behalf of any company or other person on whose behalf you are using the Website. If
you do
not agree with each provision of the revised Agreement, or you are not authorized to agree and accept the
revised Agreement on your own behalf or on behalf of any company or other person on whose behalf you are
using
the Website, you may not continue to use the Website. You may not change, supplement or amend this Agreement
or
any revised Agreement in any manner.
5. No Advice, Orders, Instructions
The Website is for informational purposes only.
The Website is not a comprehensive or detailed statement concerning the matters addressed, nor does it
contain
detailed advice or recommendations (including any financial or legal advice). It is your sole responsibility
to
obtain appropriate and qualified professional advice before acting or omitting to act based upon any
information
obtained on or though the Website.
The Website may not be used to engage in transactions, to place orders, to buy any products, or to give
instructions to Belmont Royce or any other person regarding any matter.
6. Email
Email is not secure or confidential, and email delivery can be delayed or misdirected. For those reasons,
email
may not be used to provide instructions, orders or other time-sensitive or confidential information to
Belmont
Royce. If you use email to communicate with Belmont Royce, you do so at your own risk. Belmont Royce will
not be
responsible or liable to you or any other person for any loss or damage suffered as a result of your use of
email to communicate with Belmont Royce, or the use of email by Belmont Royce to communicate with you or
other
persons at your express or implied request.
7. Disclaimers, Liability Exclusions/Limitations/Release and Indemnity
Belmont Royce does not accept any liability for your use of the Website. The following provisions apply to
all
matters arising from, connected with or relating to the Website.
(a) Disclaimers
Your access to and use of the Website is at your own risk.
Website is provided on an “as is” and “as available” basis, without any representations,
warranties or
conditions of any kind, whether express or implied, and including without limitation implied
representations,
warranties or conditions of or relating to accuracy, accessibility, availability, completeness, errors,
fitness for a particular purpose, merchantability, non-infringement, performance, quality, results,
security,
sequence, or timeliness, all of which are hereby disclaimed by Belmont Royce to the fullest extent
permitted
by law. There will not be any representations, warranties or conditions created by a course of dealing,
course
of performance or trade usage.
Without limiting the generality of the foregoing, Belmont Royce makes no representation, warranty,
condition
or guarantee that: (a) the Website will be available or will function without interruption or will be free
of
errors or that any errors will be corrected; (b) the Website will meet your requirements; (c) the
information
available on, through or connected with the website will be timely, uninterrupted, sequential, accurate,
authentic or complete; (d) certain or any results may be obtained through the access to or use of the
Website;
and (e) access to and use of the Website will be free of viruses, trojan horses, worms or other
destructive or
disruptive components and will not infringe the rights (including intellectual property rights) of any
person;
and Belmont Royce disclaims all liability regarding such matters to the fullest extent permitted by
law.
(b) Liability Exclusions and Limitations/Indemnity and Release
Notwithstanding any other provision of this Agreement, and to the maximum extent permitted by
applicable law:
(i) Exclusions: Under no circumstances will Belmont Royce ever be liable to you or any other person
for
any loss or damage (including without limitation direct, indirect, incidental, consequential, special,
punitive, or exemplary loss or damage) arising from, connected with, or relating to the Website or this
Agreement.
(ii) Limitations: If, notwithstanding this Agreement, Belmont Royce is liable to you or any other
person, then in no event and under no circumstances will Belmont Royce’s total aggregate liability to you
or
any other person under any theory of liability (whether in contract, tort, strict liability or any other
theory or law or equity), ever exceed $10.00 (USD). You hereby release, remise and forever discharge
Belmont
Royce from all liability in excess of $10.00 (USD).
(iii) Release: You hereby release, remise and discharge Belmont Royce from all obligations,
liabilities, claims and demands in excess of the exclusions and limitations set forth above.
(c) Indemnity
You will indemnify, defend and hold Belmont Royce harmless from and against all liabilities,
expenses
and costs, including without limitation reasonable legal fees and expenses, incurred by Belmont Royce in
connection with any claim or demand arising out of, related to, or connected with your access to or use of
the
Website, your breach of this Agreement, or any wrongful conduct by you or any person for whom you are
responsible under this Agreement or at law. You will assist and co-operate as fully as reasonably required
by
Belmont Royce in the defence of any such claim or demand.
The exclusion of certain warranties and conditions and the exclusion or limitation of certain
liabilities are prohibited by law in some jurisdictions. Such limitations may apply to you.
8. Personal Information Privacy
Belmont Royce may in its discretion monitor your use of the Website. Belmont Royce collects, uses,
discloses,
and retains personal information in accordance with Belmont Royce’s Privacy
Policy, which is available by clicking here. Belmont Royce may in its
discretion change the
Privacy Policy from time to time without any notice or liability to you or any other person by making an
amended
Privacy Policy accessible through the Website. By accepting this Agreement and each time you use the
Website,
you have an option to consent to the collection, use, disclosure, and retention of your personal information
by
Belmont Royce in accordance with the Privacy Policy as it then reads without any further notice or liability
to
you or any other person.
9. Ownership and Permitted Use of the Website
The Website (including without limitation information in text, graphical, video and audio forms, documents,
images, icons, software, designs, applications and other elements) available on or through the Website are
the
property of Belmont Royce and other persons, and are protected by United States and international copyright,
trademark and other laws. Your use of the Website does not transfer to you any ownership or other rights in
the
Website or its content.
The Website and its content are made available to you for your lawful, personal use only. You may use the
Website only in the manner described expressly in this Agreement and subject to all applicable laws. Using
the
Website for any other purpose or in any other manner is strictly prohibited.
You may print the pages of the Website for your private and personal use, provided that you do not modify
any of
the content and you do not remove or alter any visible or non-visible identification, marks, notices, or
disclaimers. The Website and its content may not be copied, imitated, reproduced, republished, uploaded,
posted,
transmitted, modified, indexed, catalogued, scraped, mirrored or distributed in any way, in whole or in
part,
without the express prior written consent of Belmont Royce.
10. Trademark Information
Belmont Royce owns a number of registered and unregistered trademarks, service marks and trade names.
Other product and company names and logos appearing on or in connection with the Website may be registered
or
unregistered trademarks, service marks, trade names and logos of their respective owners. Any use of the
trademarks, service marks, trade names or logos displayed on or in connection with the Website
(collectively,
“Marks”) is strictly prohibited. Nothing appearing on or in connection with the Website
will be
construed as granting, by implication, estoppel, or otherwise, any licence or right to use any Marks.
11. Other Sites
The Website may include links or references to other Internet sites or resources operated by other persons
(collectively, “Other Sites”). Other Sites are independent from Belmont Royce, and Belmont
Royce has no responsibility or liability for or control over Other Sites or their content. Belmont Royce
does
not sponsor or endorse Other Sites. Your use of Other Sites and your dealings with the owners or operators
of
Other Sites is at your own risk, and you will not make any claim against Belmont Royce arising from,
connected
with, or relating to your use of Other Sites or your dealings with the owners or operators of Other Sites.
The
provisions of this Agreement under section 7 will apply, will all necessary modifications, to your access to
and
use of Other Sites.
12. No Linking, Framing, Mirroring, Scraping or Data-Mining
Links to the Website without the express written permission of Belmont Royce are strictly prohibited.
Belmont
Royce may in its discretion cancel and revoke any permission it may give to link to the Website at any time
and
without any notice or liability to any person. The framing, mirroring, scraping or data-mining of the
Website or
any of its content in any form and by any means is strictly prohibited. You may not use any browsing or
display
technologies in connection with your use of the Website or to post comments, communications, or any other
data
of any kind to or on the Website with the intention that such postings may be viewed by other users of the
Website.
13. Unsolicited Submissions
Belmont Royce does not accept or consider unsolicited ideas, suggestions or other materials
(“Submissions”). If you send Submissions to Belmont Royce, you automatically grant (or
warrant
that the owner of the Submissions grants) to Belmont Royce and its assigns and licensees a perpetual,
royalty-free, irrevocable, unrestricted, non-exclusive, world-wide, assignable, sub-licensable, right and
license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from,
distribute,
perform, display and otherwise exploit the Submissions or any ideas, concepts, know-how or techniques
associated
with the Submissions for any purpose whatsoever, commercial or otherwise, using any form, media or
technology
now known or later developed, without providing compensation or attribution to you or any other person,
without
any liability whatsoever, and free from any obligation of confidence or other duties on the part of Belmont
Royce or its assigns and licensees, and you agree, represent and warrant that all moral rights in the
Submissions are waived in favor of Belmont Royce and its assigns and licensees.
14. Changes / Termination
Belmont Royce may in its discretion and for its convenience at any time change, discontinue, modify,
restrict,
suspend or terminate the Website or any part of it without any notice or liability to you or any other
person.
Belmont Royce may in its discretion and for its convenience at any time immediately suspend or terminate (in
whole or in part) your permission to access and use the Website without any notice or liability to you or
any
other person. If this Agreement or your permission to access or use the Website is terminated by you or
Belmont
Royce for any reason, then this Agreement will continue to apply and be binding upon you regarding your
prior
access to and use of the Website, and anything connected with, relating to or arising therefrom.
15. Governing Law and Dispute Resolution
This Agreement, your access to and use of the Website, and all related matters are governed solely by the
laws
of Florida, United States and applicable federal laws of United States, excluding any rules of private
international law or the conflict of laws that would lead to the application of any other laws. Any dispute
between you and Belmont Royce or any other person arising from, connected with or relating to the Website,
this
Agreement, or any related matters (collectively “Disputes”) will be resolved before the
Courts
of Florida, sitting in the City of Palm Beach, and you hereby irrevocably submit and attorn to the original
and
exclusive jurisdiction of those courts in respect of all Disputes.
16. Other Matters
If any provision of this Agreement is determined to be unenforceable or invalid for any reason, then that
provision will be deemed to be severed from this Agreement and the remaining provisions will continue in
full
force and effect without being impaired or invalidated in any way, unless as a result of any such severance
this
Agreement would fail in its essential purpose.
This Agreement enures to the benefit of and is binding upon each of Belmont Royce and its successors,
assigns,
licensees and related persons, and you and your heirs, executors, administrators, successors, permitted
assigns
and personal representatives. You may not assign this Agreement or the rights and obligations under this
Agreement. Belmont Royce may assign this Agreement and its rights and obligations under this Agreement
without
your consent.
No consent or waiver by any party to or of any breach or default by any other party in its performance of
its
obligations under this Agreement will be deemed or construed to be a consent to or waiver of a continuing
breach
or default or any other breach or default of those or any other obligations of that party. No consent or
waiver
will be effective unless in writing and signed by all parties.
Any rights not expressly granted by this Agreement are reserved to Belmont Royce.
This Agreement is subject to change by Belmont Royce without notice.