Terms, conditions & policies
Last updated: 08/26/2023
These Terms are entered into between you and Bella's Frozen Yogurt, LLC (“Company,” “we,” or “us”). You acknowledge that Bella's Frozen Yogurt, LLC is the equipment provider of the Bella's Frozen Yogurt automated vending kiosk. These Terms expressly incorporate any other documents referenced herein (such as our Privacy Policy) and govern your access to and use of this site www.bellasfrozenyogurt.com (the “Site”) as well as all content, functionality, and services offered on or through the Site.
1. Reviewing and Accepting These Terms
Please read these Terms carefully, as they set out your rights and responsibilities when you use this Site to buy the Bella's Frozen Yogurt automated vending kiosk (the “Services”). Sales of the the Bella's Frozen Yogurt automated vending kiosk offline will adhere to the same terms and conditions except for when another agreement between your and the Company takes priority.
Please note that Section 17 contains an arbitration clause and class action waiver. By agreeing to these Terms, you agree to resolve all disputes through binding individual arbitration, which means that you waive any right to have the dispute decided by a judge or jury, and you waive any right to participate in collective action, whether that be a class action, class arbitration, or representative action. You have the ability to opt-out of this arbitration clause by sending us notice of your intent to do so within thirty (30) days of your initial agreement to these Terms.
We reserve the right to change or modify these Terms at any time and in our sole discretion. You agree and understand that by accessing or using the Site following any change to these Terms, you are agreeing to the revised Terms and all of the terms incorporated therein by reference. Review the Terms each time you access the Site to ensure that you understand how the Terms apply to your activities on the Site.
2. Ownership
Unless otherwise indicated in writing by us, the Site, all content, and all other materials contained therein, including, without limitation, our logos, and all designs, text, graphics, pictures, information, data, software, sound files, other files, and the selection and arrangement thereof (collectively, “Site Content”) are the proprietary property of Bella's Frozen Yogurt, LLC or our affiliates, licensors, or users, as applicable. The Bella's Frozen Yogurt, LLC logo and any Bella's Frozen Yogurt, LLC product or service names, logos, or slogans that may appear on the Site or elsewhere are trademarks of Bella's Frozen Yogurt, LLC or our affiliates, and may not be copied, imitated or used, in whole or in part, without our prior written permission.You may not use any Site Content or link to the Site without our prior written permission. You may not use framing techniques to enclose any Site Content without our express written consent. In addition, the look and feel of the Site Content, including without limitation, all page headers, custom graphics, button icons, and scripts constitute the service mark, trademark, or trade dress of Bella's Frozen Yogurt, LLC and may not be copied, imitated, or used, in whole or in part, without our prior written permission.
3. Terms of Sale
By placing a buy order and submitting payment on our site or through a valid invoice, you agree that you are submitting a binding offer to purchase a Bella's Frozen Yogurt automated vending kiosk or other Service. If you are the initial purchaser of a Bella's Frozen Yogurt automated vending kiosk or you are purchasing a Service, then all amounts due at the time of sale are to be paid to Bella's Frozen Yogurt, LLC. All sales are final unless specified in an invoice issued with unique binding terms for payment and refunds supersede these.
Owning a Bella's Frozen Yogurt automated vending kiosk does not give the owner rights to the equity ownership of Bella's Frozen Yogurt, LLC and in the event Bella's Frozen Yogurt, LLC is sold, Bella's Frozen Yogurt automated vending kiosk owners will not benefit from the sale.
You understand and agree that by buying a Bella's Frozen Yogurt automated vending kiosk, you are in no way entering into an agreement with Bella's Frozen Yogurt, LLC to be a franchisee. You understand and agree that Bella's Frozen Yogurt, LLC is not a franchisor. Any and all risk taken by purchasing a Bella's Frozen Yogurt automated vending kiosk will be placed on you. You understand and agree that you are purchasing the Bella's Frozen Yogurt automated vending kiosk to use as equipment for your own business or personal use. You understand and agree that contents within the starter kit, like the pro forma template, are intended to be used as editable templates and the default settings/numbers showing certain financial outcomes in no way hold any guarantee of actual performance by Bella's Frozen Yogurt, LLC. As a buyer of a Bella's Frozen Yogurt, LLC kiosk, should the Bella's machine be issued NSF-6 certification, you'll be provided a copy of the NSF-6 certification which you can use when applying for your own local licenses and permits. In the event that the Bella's machine does not have such certification, Bella's will not be held liable in any way should your own local authorities require it for operation. In no way can you assume that this certification alone will guarantee your local regulators approval of the operational use of a Bella's Frozen Yogurt kiosk. Your local authorities may have additional requirements based on your local laws that you will need to comply with outside of Bella's contribution responsibility.
You understand and agree that the sale of a Bella's Frozen Yogurt automated vending kiosks grants you no rights and carries with it no guarantee of your own future performance of any kind by Bella's Frozen Yogurt, LLC. You are not entitled, as a holder of any Bella's Frozen Yogurt automated vending kiosk, to vote or receive dividends or profits or be deemed the holder of shares of Bella's Frozen Yogurt, LLC. or any other person by virtue of your ownership of a Bella's Frozen Yogurt automated vending kiosk, nor will anything contained herein be construed to construe on you any of the rights of a shareholder, partner, joint venturer, etc. or any right to vote for the election of directors or upon any matter submitted to shareholders at any meeting thereof, or to give or withhold consent to any corporate action or to receive notice of meetings, or to receive subscription rights to purchase such shares of Bella's Frozen Yogurt, LLC.
Owners of a Bella's Frozen Yogurt automated vending kiosk are eligible for a 12 month manufacturer parts warranty. Said warranty starts upon the day of delivery and you, the owner, acknowledge receipt of your Bella's Frozen Yogurt automated vending kiosk. The warranty covers defect manufacturer parts and parts damaged during the initial shipping to your location. The warranty does not cover normal wear and tear, neglect to maintain your kiosk or damage done by your own malpractice or a third party vandalism. If you need to submit a warranty claim, contact us.
Owners of a Bella's Frozen Yogurt kiosk waive all general liability claims against Bella's Frozen Yogurt, LLC in the event a machine causes any physical damage or bodily injury to third parties. It will be your responsibility to obtain the necessary insurance policies to meet the minimum requirements to operate within your local legal boundaries.
By purchasing a Bella's Frozen Yogurt automated vending machine, you understand that it is intended to be used in an existing food establishment and subject to local governance over such establishments in which it is placed.
4. Intellectual Property
Other than Site Content, all other trademarks, product names, and logos on the Site are the property of their respective owners and may not be copied, imitated, or used, in whole or in part, without the permission of the applicable trademark holder. Without limiting the foregoing, if you believe that third-party material hosted on the Site infringes your copyright or trademark rights, please file a notice of infringement by contacting the Designated Copyright Agent listed below.
Your notice must contain the following information as required by the Digital Millennium Copyright Act (17 U.S.C. §512) (“DMCA”):
The full name and a physical or electronic signature of the person authorized to act on behalf of the copyright owner;
Identification of the copyrighted work claimed to have been infringed. If multiple copyrighted works are covered by your notice, you may provide a representative list of the copyrighted works that you claim have been infringed;
Reasonably sufficient detail to enable us to identify and locate the copyrighted work that is claimed to be infringing (e.g. a link to the page on the Site that contains the material);
A mailing address, telephone number, and email address where we can contact you;
A statement that you have a good faith belief that the disputed use of the copyrighted work is not authorized by the copyright owner, its agent, or the law; and
A statement made by you, under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or are authorized to act on behalf of the copyright owner.
Please submit your notice to the Designated Agent below:
Bella's Frozen Yogurt, LLC
537 NE 14th Ct.
Fort Lauderdale, FL 33304
Email: kyle@bellasfrozenyogurt.com
Once you provide us with an adequate notice as described above, we will respond expeditiously and take whatever action, in our sole discretion, that is deemed appropriate including removal of the disputed copyrighted work from the Site.
Counter-Notice:
If you believe that a DMCA notice of copyright infringement has been improperly submitted against you, you may submit a counter-notice to the Designated Agent with the following information required by the DMCA:
Your physical or electronic signature;
Identification of the copyrighted work that has been removed or to which access has been disabled including a link to the page on the Site that contained the material before it was removed or disabled;
A statement under penalty of perjury that you have a good faith belief that the copyrighted work was removed or disabled as a result of mistake or misidentification;
Your name, address, e-mail address, and telephone number; and
A statement that you (i) consent to the jurisdiction of the Federal District Court in the judicial district where your address is located if the address is in the United States, or the United District Court for the Southern District of Florida if your address is located outside of the United States, and (ii) accept service of process from the person who provided the DMCA notice of the alleged copyright infringement.
Please submit your notice to the Designated Agent below:
Bella's Frozen Yogurt, LLC
537 NE 14th Ct.
Fort Lauderdale, FL 33304
Email: kyle@bellasfrozenyogurt.com
In the event that the Company receives a counter-notice in compliance with the above requirements, we will provide the person who submitted the DMCA copyright infringement notice with a copy of the counter-notice, informing them that the Company will replace the removed material in 10 business days from the date of the counter-notice unless the Company first receives notice from the person who submitted the DMCA copyright infringement notice that they have filed an action seeking a court order to restrain the allegedly infringing activity.
PLEASE NOTE THAT BELLAS FROZEN YOGURT INTENDS TO COMPLY WITH ALL PROVISIONS OF THE DIGITAL MILLENNIUM COPYRIGHT ACT, BUT WILL NOT UNILATERALLY TAKE RESPONSIBILITY FOR POLICING AND REMOVING MATERIAL THOUGHT TO BE INFRINGING.
We hereby grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site Content. In return, you agree not to engage, or assist, in any activity that violates any law, statute, ordinance, regulation, or sanctions program, including but not limited to the U.S. Department of Treasury’s Office of Foreign Assets Control (“OFAC”), or that involves proceeds of any unlawful activity; not to engage in any other activity or behavior that poses a threat to Bella's Frozen Yogurt, LLC, (e.g., by distributing a virus or other harmful code, or through unauthorized access to the Site or other users’ cryptocurrency wallets and not to interfere with other users’ access to or use of the Services.
You also agree not to (1) distribute, publish, broadcast, reproduce, copy, retransmit, or publicly display any Site Content; (2) modify or create derivative works from the Site Content, or any portion thereof; (3) use any data mining, robots, or similar data gathering or extraction methods on the Site Content; (4) download any portion of the Site Content, other than for purposes of page caching, except as expressly permitted by us.
If you are unsure whether a contemplated use of the Site Content and its content would violate these Terms, please contact us at kyle@bellasfrozenyogurt.com.
5. Privacy
You acknowledge and agree to the collection, use, and disclosure of your personal information in accordance with our Privacy Policy, which is incorporated into these Terms.
6. Modifications
You agree and understand that we may modify part or all of this Site or the Services without notice, and that we may update these Terms and any other document incorporated by reference therein at any time.
8. Risks
Please note the following risks in accessing, purchasing, selling or using Bella's Frozen Yogurt automated vending kiosk: Legislative and regulatory changes or actions at the state, federal, or international level may adversely affect the use, transfer, exchange, and value of the Bella's Frozen Yogurt automated vending kiosk. Bella's Frozen Yogurt automated vending kiosks are not sold as part of a franchise and your starter kit is intended to allow you to formulate your own business plan.
You agree and understand that you are solely responsible for determining the nature, potential value, suitability, and appropriateness of these risks for yourself, and that we do not give advice or recommendations regarding Bella's Frozen Yogurt automated vending kiosk, including the suitability and appropriateness of, and investment strategies for, Bella's Frozen Yogurt automated vending kiosks. You agree and understand that you access and use this Site at your own risk; however, this brief statement does not disclose all of the risks associated withBella's Frozen Yogurt automated vending kiosk and other assets. You agree and understand that we will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using Bella's Frozen Yogurt automated vending kiosks, however caused.
9. Disclaimers
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY BELLAS FROZEN YOGURT, LLC, THE SITE AND ANY SITE CONTENT CONTAINED THEREIN, AND ANY AND ALL BELLAS FROZEN YOGURT KIOSKS LISTED THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. BELLAS FROZEN YOGURT (AND ITS SUPPLIERS) MAKE NO WARRANTY THAT THE SITE WILL (1) MEET YOUR REQUIREMENTS; (2) BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (3) BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE.
WE WILL NOT BE LIABLE FOR ANY LOSS OF ANY KIND FROM ANY ACTION TAKEN OR NOT TAKEN IN RELIANCE ON MATERIAL OR INFORMATION CONTAINED ON THE SITE. BELLAS FROZEN YOGURT DOES NOT REPRESENT OR WARRANT THAT SITE CONTENT IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE.
WHILE WE ATTEMPT TO MAKE YOUR ACCESS TO AND USE OF THE SITE AND SITE CONTENT SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SITE, SITE CONTENT, ANY BELLAS FROZEN YOGURT KIOSKS LISTED ON OUR SITE OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE CANNOT GUARANTEE THE SECURITY OF ANY DATA THAT YOU DISCLOSE ONLINE. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND WILL NOT HOLD US RESPONSIBLE FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR GROSS NEGLIGENCE.
WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS AND TAKE NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE TO YOU FOR, ANY USE OF BELLAS FROZEN YOGURT KIOSKS INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (A) USER ERROR SUCH AS KIOSK MALPRACTICE, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED ADDRESSES; (B) SERVER FAILURE OR DATA LOSS; (C) CORRUPTED WALLET FILES; (D) UNAUTHORIZED ACCESS TO APPLICATIONS; (E) ANY UNAUTHORIZED THIRD PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTE FORCING OR OTHER MEANS OF ATTACK AGAINST THE SITE OR BELLAS FROZEN YOGURT KIOSKS.
Nothing in these Terms shall exclude or limit liability of either party for fraud, death or bodily injury caused by negligence, violation of laws, or any other activity that cannot be limited or excluded by legitimate means.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
10. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL BELLAS FROZEN YOGURT LLC BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THESE TERMS, THE SITE, SITE CONTENT, THE SERVICES OR THIRD PARTY SITES AND PRODUCTS, OR FOR ANY DAMAGES RELATED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF BELLAS FROZEN YOGURT LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE, SITE CONTENT, THE SERVICES OR THIRD PARTY SITES AND PRODUCTS ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA RESULTING THEREFROM.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF BELLAS FROZEN YOGURT ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT, THE ACCESS TO AND USE OF THE SITE, SITE CONTENT, BELLAS FROZEN YOGURT KIOSKS, OR ANY SERVICES PURCHASED ON THE SITE EXCEED THE GREATER OF (A) $100 OR (B) THE AMOUNT YOU HAVE PAID TO BELLAS FROZEN YOGURT LLC FOR THE SERVICES IN THE LAST TWELVE MONTHS OUT OF WHICH LIABILITY AROSE.
11. Indemnification
To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless Bella's Frozen Yogurt LLC, and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the “Bella's Frozen Yogurt Parties”), from and against all actual or alleged third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Site, Site Content, or Bella's Frozen Yogurt kiosks, (c) your violation of these Terms, (c) your violation of the rights of a third party, including another user and (e) your failure to pay any Taxes or Sales Taxes in connection with your transactions on this Site or to provide us with a properly executed tax form described in Section 8. You agree to promptly notify us of any third party Claims and cooperate with the Bella's Frozen Yogurt Parties in defending such Claims. You further agree that the Bella's Frozen Yogurt Parties shall have control of the defense or settlement of any third party Claims. THIS INDEMNITY IS IN ADDITION TO, AND NOT IN LIEU OF, ANY OTHER INDEMNITIES SET FORTH IN A WRITTEN AGREEMENT BETWEEN YOU AND US.
12. Governing Law
These Terms of Use, your rights and obligations, and all actions contemplated by, arising out of or related to these Terms shall be governed by the laws of the State of Florida, as if these Terms are a contract wholly entered into and wholly performed within the State of Florida. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS SITE AS CONTEMPLATED BY THESE TERMS SHALL BE DEEMED TO HAVE OCCURRED IN THE STATE OF FLORIDA AND BE SUBJECT TO THE INTERNAL LAWS OF THE STATE OF FLORIDA WITHOUT REGARD TO ITS CONFLICTS OF LAWS PROVISIONS.
13. Disputes and Arbitration Agreement
Carefully read the following arbitration agreement ("Arbitration Agreement"). It requires you to arbitrate disputes with Bella's Frozen Yogurt LLC and limits the manner in which you can seek relief from us.
Applicability of Arbitration Agreement. You agree that any dispute or claim relating in any way to your access or use of the Site, to any Services sold or distributed through the Site, including Bella's Frozen Yogurt kiosks, or to any aspect of your relationship with Bella's Frozen Yogurt LLC will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify; and (2) you or Bella's Frozen Yogurt may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents).
Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent United Corporate Services, 874 Walker Road, Suite C, in the City of Dover, County of Kent, 19904. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available athttp://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing and/or other fees and cannot obtain a waiver from JAMS, Bella's Frozen Yogurt will pay them for you. You may choose to have the arbitration conducted by telephone or video conference or based on written submissions, or you may request to meet in-person for arbitration in Miami, FL. You agree that any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Authority of Arbitrator. The arbitrator shall have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and Bella's Frozen Yogurt. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Agreement (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us. And you agree that to the extent monetary or non-monetary remedy or relief is granted, such request for relief may be enforced as needed by any court of competent jurisdiction.
Waiver of Jury Trial. YOU AND BELLAS FROZEN YOGURT HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Bella's Frozen Yogurt are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as otherwise indicated in this Section 14. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Arbitration Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
Waiver of Class or Other Non-Individualized Relief. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A COLLECTIVE OR CLASS BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precludes enforcement of any part of this subsection’s limitations as to a given claim for relief, then that claim must be severed from the arbitration and brought in the state or federal courts located in the State of Florida. All other claims shall be arbitrated.
30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to the following address: Bella's Frozen Yogurt LLC, 537 NE 14th Ct. Fort Lauderdale, FL 33304, within 30 days after first becoming subject to this Arbitration Agreement. You may also submit your decision to kyle@bellasfrozenyogurt.com. Your notice must include your name and address and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
14. Severability
Except as provided herein, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
15. Survival of Agreement
This Arbitration Agreement will survive the termination of your relationship with Bella's Frozen Yogurt.
16. Modification
Notwithstanding any provision in these Terms to the contrary, we agree that if Bella's Frozen Yogurt makes any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by writing to us at the following address: Bella's Frozen Yogurt LLC, 537 NE 14th Ct. Fort Lauderdale, FL 33304.
17. Severability
If any term, clause, or provision of these Terms is held invalid or unenforceable, then that term, clause, or provision shall be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, cause, or provision, or any other terms, clause, or provision of these Terms.
18. Entire Agreement
These Terms comprise the entire agreement between you and us relating to your access to and use of the Site, Site Content and any Bella's Frozen Yogurt kiosks you have purchased, and supersede any and all prior discussions agreements, and understandings of any kind. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity. These Terms of Use (“Terms”) apply to your purchase, sale and display of Bella's Frozen Yogurt kiosks (“Bella's Frozen Yogurt kiosk”).
