Terms of service

Terms and Conditions of Use

By accessing or using this website currently located at http://www.BellPerformance.net (the "Website") owned by Bell Performance, Inc. on behalf of its subsidiaries and affiliated companies (collectively, "Bell Performanceî), the user of this Website and any individual or entity on whose behalf a user accesses or uses the Website (collectively, "You" or "Your," as appropriate) agree to be bound by the following Terms and Conditions and to our Privacy Policy. Please read both carefully and often as they are subject to change. Your continued use of the Website after the posting of changes to these Terms and Conditions constitutes acceptance of the changes. If You do not agree to these Terms and Conditions, do not use the Website.

Use of Material

You agree to use the Website solely for lawful purposes in the United States of America ("US") only. Bell Performance does not represent that the Content of the Website is acceptable for use outside the US. By accessing the Website from outside the US, You assume responsibility for complying with the law of the applicable jurisdiction.

The information, data, graphics, messages, music, photographs, software, sound, video or other materials ("Content") of the Website are subject to international copyright laws. Bell Performance or its content providers, and the organization and display of the Website own the copyrights in the Content, as a whole is a collective work owned by Bell Performance. You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, frame or create derivative works from such content. Notwithstanding the above, You may print or download one copy of the materials or content on this site on any single computer for Your personal use, provided You keep intact all copyright and other proprietary notices. You may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose. Bell Performance allows, but does not endorse and is not responsible for, hypertext links solely to the home page of the Website. You shall not copy or adapt the HTML code that Bell Performance creates to generate its pages. It is also protected by Bell Performance's copyright.

The Bell Performance name and the Bell Performance logo are trademarks, service marks, registered trademarks or registered service marks of Bell Performance and may not be used without written authorization. Other trademarks on the Website are the property of their respective owners. Bell Performance does not grant You any express or implied right under any patents, copyrights, trademark or trade secrets.

Links To Third Party Sites

The Website contains links to third party Websites ("Third Party Sites"). Because Bell Performance has no control over Third Party Sites, Bell Performance does not endorse, has not reviewed and is not responsible for the availability of Third Party Sites. You acknowledge that use of Third Party Sites is at your own risk and that Bell Performance is not responsible or liable, directly or indirectly, for any damage or loss you incur in connection with products or services available on Third Party Sites, nor for the accuracy, copyright compliance, legality, decency or other aspect of Third Party Sites.

The Website may contain statements concerning Bell Performance's operations, prospects, financial condition and future performance that are forward-looking statements within the meaning of the securities laws. You are cautioned not to place undue reliance on these forward-looking statements as they are subject to uncertainty.

User Information

When you register for the Website, you will be asked to provide Bell Performance with certain information including, without limitation, a valid e-mail address (your "Information"). In addition to the terms and conditions that may be set forth in any privacy policy on this Website, you understand and agree that Bell Performance may disclose to third parties, on an anonymous basis, certain aggregate information contained in your registration application. Bell Performance will not disclose to any third party your name, address, e-mail address or telephone number without your prior consent, except to the extent necessary or appropriate to comply with applicable laws or in legal proceedings where such information is relevant. Please see our Privacy Policy for further details regarding your Information.

Registration and Password

You are responsible for maintaining the confidentiality of your information and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify Bell Performance of any unauthorized use of your registration or password.

Specific Prohibited Uses

Individuals seeking employment and career information and employers seeking employees may use the Website only for lawful purposes. Bell Performance specifically prohibits any use of the Website, and all users agree not to use the Website, for any of the following:

     •   Using any device, software or routine to interfere or attempt to interfere with the proper working of this Website or any activity being conducted on this site.

     •   Taking any action that would impose an unreasonable or disproportionately large load on this Website's infrastructure.

     •   Disclosing or sharing your password with any third parties or using your password for any unauthorized purpose.

     •   Notwithstanding anything to the contrary contained herein, using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Website other than the search engine and search agents available from Bell Performance on this Website and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).

     •   Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of this Website. Website Security Rules. Users are prohibited from violating or attempting to violate the security of the Website, including, without limitation, (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, "flooding", "spamming", "mail bombing" or "crashing", (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Bell Performance will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

BELL PERFORMANCE'S LIABILITY

BELL PERFORMANCE DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THE WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE WEBSITE OR THE MATERIAL HEREIN RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, BELL PERFORMANCE IS NOT RESPONSIBLE FOR THOSE COSTS.

THE WEBSITE AND MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. BELL PERFORMANCE, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. BELL PERFORMANCE MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.

Disclaimer of Consequential Damages

IN NO EVENT SHALL BELL PERFORMANCE, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE WEBSITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE AND THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

You agree to indemnify and hold Bell Performance, its officers, subsidiaries and affiliated companies harmless from any and all claims, demands or other liabilities, including legal fees and costs, that are made by any third party due to or arising from Your use of the Website or Your breach of these Terms and Conditions.

Modification

Bell Performance reserves the right to modify the contents of the Website or restrict access to the Website at any time without notice.