Welcome to the MyBell website (the “Site”). Please read the below Terms of Use (the “Terms”) carefully because your use of the Site constitutes your agreement to these Terms. If you do not agree to these Terms, you should not access or use the Site. Bell Helicopter Textron Inc. and/or its affiliates (“Bell”) provides this Site and the associated products and services subject to the following Terms of Use, as well as subject to any applicable terms and conditions of sales as they may apply to your purchases of specific products and services via this Site. Bell, in its sole discretion and without notice to you, reserves the right to make changes to the Site and to these Terms from time to time. Any changes to the Terms will be posted here. Your continued use of the Site after the effective date of any revised Terms constitutes your acceptance of those Terms.
At Bell, we are committed to the principles of INTEGRITY, RESPECT, TRUST and PURSUIT OF EXCELLENCE in all relationships with CUSTOMERS, EMPLOYEES, SUPPLIERS, SHAREHOLDERS, the COMMUNITY and the ENVIRONMENT.
Our Business Conduct Guidelines are based on this Values Statement which engenders a culture that fosters a safe workplace, values diversity, encourages communication and respects innovation. If you have any questions or would like a copy of Bell's Business Conduct Guidelines, please contact the Bell Helicopter Ethics and Compliance Department at 1-800-892-9871 or by email at ethics@bellflight.com.
You may need your own MyBell account to access certain services, such as making purchases from MARKETPLACE. By creating an account, you represent and warrant that:
Bell may also revoke your access to some or all parts of the Site if you fail to pay any charges associated with your account by the due date.
All purchases are subject to the applicable Terms and Conditions of Sales. You may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. Bell reserves the right to refuse service or refuse to accept orders, terminate accounts, terminate your rights to use the Site, remove or edit Site content, revise or update availability, pricing, or special offers for any products or services featured on the Site, or cancel orders in its sole discretion and at any time.
The COMMUNITY area allows registered users to share suggestions, ideas, comments, questions, or other information related to Bell products and services that may be of interest to other users. Bell shall not have any liability or responsibility for any acts, omissions, or conduct of any user of the COMMUNITY area or other third party. More specifically, Bell takes no responsibility and assumes no liability for any content posted by you or any third party, and you agree that your reliance upon any information posted or shared by other users in the COMMUNITY will be at your sole risk. You may post relevant content, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of the content.
If you do post content or share material, and unless Bell indicates otherwise, you grant Bell a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Bell the right to use the name that you used in connection with such content if Bell chooses. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Bell for all claims resulting from content you supply. Bell has the right but not the obligation to monitor and edit or remove any activity or content. Again, Bell takes no responsibility and assumes no liability for any content posted by you.
OUR COLLECTION AND USE OF YOUR PERSONAL INFORMATION
We collect and use information about you which will help us administer our business or provide products, services or other opportunities to you. Among other things, we use the information we learn about you to help us personalize and improve the experience you have on our website, to respond to your requests and to communicate with you.
Personal Data We Collect:
The types of information we collect, retain and use include the following:
Information You Provide To Us: When you create an account, we collect profile information from you (“Personally Identifiable Information”). We require that you provide the following Personally Identifiable Information:
How Long We Keep Your Information:
Personal data collected will only be retained as long as necessary for business continuity or valid legal purposes.
How We Use the Information We Collect:
Site Use Information: This information is aggregated to measure the number of visits, average time spent on the Site, pages viewed, etc.
Bell utilizes this information (“behavior profiles”) to measure the use of our Site and to improve the content we offer.
Personally Identifiable Information: By providing this Personally Identifiable Information to us, you explicitly agree to our collection and usage of such information
as described in this Privacy Policy. We use your Personally Identifiable Information in the following ways:
When you create an account, you consent to allow us to contact you for those purposes.
Email Communications:
We use your email address to contact you to respond to your inquiries or to provide information on products or services to you. To help us determine whether you have
received an email from us, and to help us make emails more useful and interesting, we may receive a confirmation that you have opened an email from us.
Cookies:
Like many websites we use “cookies” to enable us to remember your password, to help us identify the portions of our Site that may be the most relevant for your
needs, and to help us identify other products or services that may be of interest to you or others. A cookie is a small piece of information that a web site can store
on your web browser and then retrieve at a later time. We use cookies to track the portions of our Site you visit. There are products commercially available that are
designed to help you disable cookies. Although we want you to be aware that such products exist, please note that if you choose to use them we will not be able to
provide you with a personalized service, and it may result in certain features and services not being available to you. By using the Site, you expressly consent to
our use of cookies as stated in these Terms.
Child Privacy
Because of the nature of our business, our products and services are not designed to appeal to minors, and therefore we do not knowingly attempt to solicit or receive
any information from children. Our terms and conditions of use require that any registration may only be made by those age 18 or older and that any product or service
purchases may only be made by those age 18 or older. If we have reason to believe that information is being provided by a child under the age of 18, Bell will not
collect the information without parental consent or parent notification, which will include the opportunity for the parent to prevent the use of the information or
to prevent the child’s participation in the activity. Without parental consent, online information will only be used to respond to an unsolicited request and for
no other purposes. We recognize that protecting children’s identities and privacy online is important and that the responsibility to do so rests with both the online
industry and with parents.
RESTRICTIONS ON DISCLOSING INFORMATION TO THIRD PARTIES
We are not in the business of selling your Personally Identifiable Information to others.
Site Use Information: We may share with third parties experiential information or other data which does not personally identify users of our site. For example, this might include product or service preferences of all visitors to our site, for example.
Personally Identifiable Information: We do not reveal Personally Identifiable Information about you to unaffiliated third parties, unless:
We may also gather aggregated data about you and disclose such aggregated (but not personally identifiable) information to third parties for promotional or other purposes.
SECURITY PROCEDURES TO PROTECT INFORMATION
We maintain numerous security standards and procedures to help prevent unauthorized access to confidential information about you. Our site uses a combination of encryption technology and authentication to protect your Personally Identifiable Information. As long as the web browser you are using supports Secure Sockets Layer (SSL), your information will be submitted to us with a high level of security. We update and test our security technology on an ongoing basis. We have procedures limiting employee access to Personally Identifiable Information to those employees who have a business reason to know such information about you.
It is also important for you to help protect against unauthorized access by signing off of our Site each time you finish using the Site.
INAPPLICABILITY OF PRIVACY POLICIES OF ANY LINKED SITES OR OTHER PARTIES
Bell’s Site may contain links to other sites such as affiliates, subsidiaries or other third party distributors and sales representatives. This Privacy Policy only addresses Bell’s use and disclosure of your Personally Identifiable Information collected on this site. While we try to link only to sites that share our standards and respect for privacy, we are not responsible for the privacy practices of any third parties or the content of linked sites, and we encourage you to read the applicable privacy policies and terms and conditions of such parties or web sites.
YOUR RIGHTS TO THE INFORMATION WE COLLECT
This Privacy Notice is intended to provide you with information about what personal data Bell collects about you and how it is used. If you have any questions, please contact us at belldataprivacy@bellflight.com.
If you wish to confirm that Bell is processing your personal data, or to have access to the personal data that Bell may have about you, please contact us at belldataprivacy@bellflight.com.
You may also request information about: the purpose of the processing; the categories of personal data concerned; what the source of the information was (if you didn’t provide it directly to Bell); and how long it will be stored. You have a right to correct (rectify) the record of your personal data maintained by Bell if it is inaccurate. You may request that Bell erase that data or cease processing it, subject to certain exceptions. You may also request that Bell cease using your data for direct marketing purposes. When technically feasible, Bell will-at your request-provide your personal data to you or transmit it directly to another controller.
Reasonable access to your personal data will be provided at no cost upon request made to Bell at belldataprivacy@bellflight.com. If access cannot be provided within a reasonable time frame, Bell will provide you with a date when the information will be provided. If for some reason access is denied, Bell will provide an explanation as to why access has been denied.
HOW TO CONTACT US WITH QUESTIONS ABOUT THIS POLICY
To contact us regarding any questions about this Policy or to register a complaint with Bell or a data protection authority, please contact : belldataprivacy@bellflight.com.
LIMITATION OF LIABILITY. YOUR USE AND BROWSING OF THE SITE IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH ANY OF THE SOFTWARE, MATERIALS (DEFINED AS THE TEXT, GRAPHICS, CONTENT, AND ALL OTHER INFORMATION PROVIDED ON THIS SITE), PRODUCTS, OR SERVICES CONTAINED IN THE SITE, OR WITH THE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO REQUEST THE REMOVAL OF YOUR CONTENT FROM THE SITE OR TO DISCONTINUE ACCESSING AND USING THE SITE.
UNDER NO CIRCUMSTANCES WILL BELL OR ITS SUPPLIERS OR OTHER THIRD PARTIES MENTIONED ON, OR INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS SITE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION OR DATA) ARISING OUT OF YOUR ACCESS TO, USE OF, INABILITY TO USE OR THE RESULTS OF USE OF THIS SITE OR THE MATERIALS, ANY WEB SITES LINKED TO THIS SITE, OR ANY MATERIALS CONTAINED AT ANY OR ALL SUCH SITES (INCLUDING BUT NOT LIMITED TO THOSE CAUSED BY OR RESULTING FROM A FAILURE OF PERFORMANCE; ERROR; OMISSION; LINKING TO OTHER WEB SITES; INTERRUPTION; DELETION; DEFECT; DELAY IN OPERATION OR TRANSMISSION; COMPUTER VIRUS; COMMUNICATION LINE FAILURE; OR DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY COMPUTER OR SYSTEM), WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT BELL WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BELL SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ACTS, OMISSIONS, OR CONDUCT OF ANY USER OR OTHER THIRD PARTY.
GENERAL DISCLAIMER. THE SITE, MATERIALS, CONTENT, RELATED COMMUNICATIONS, AND SOFTWARE MADE AVAILABLE ON THE SITE ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS OF IMPLIED WARRANTIES MAY NOT BE APPLICABLE UNDER CERTAIN CIRCUMSTANCES. BELL DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR CONTENT DISPLAYED OR DISTRIBUTED ON THIS SITE, INCLUDING BUT NOT LIMITED TO THE RELIABILITY OF ANY ADVICE, STATEMENT, ADVERTISEMENT, OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE BY THE USE OF THIS SITE THAT ANY RELIANCE ON ANY SUCH MATERIALS, CONTENT, ADVICE, STATEMENT, ADVERTISEMENT, OR INFORMATION SHALL BE AT YOUR SOLE RISK.
BELL DISCLAIMS ANY WARRANTIES FOR THE SECURITY OR RELIABILITY OF THE MATERIALS. BELL DOES NOT ASSUME ANY RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGE TO, OR VIRUSES OR OTHER HARMFUL COMPONENTS THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE, OR BROWSING OF THE SITE (INCLUDING ANY BULLETIN BOARD OR CHAT ROOM) OR YOUR DOWNLOADING OF ANY MATERIALS FROM THE SITE.
THE MATERIALS INCLUDED IN THE SITE MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. BELL RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE. BELL MAY MAKE ANY OTHER CHANGES TO THE SITE, THE MATERIALS AND THE PRODUCTS, PROGRAMS, SERVICES, OR PRICES (IF ANY) DESCRIBED IN THE SITE AT ANY TIME WITHOUT NOTICE.
Third-Party Content. Any information, statements, opinions, services or other information provided by third parties and made available on this Site are those of the respective author(s) and not Bell. Such information and the like may be updated from time to time directly by the respective authors. The disclaimer set forth above applies regardless of the updating party.
Unsolicited Information Provided by You. The Company does not want you to, and you should not, send any confidential or proprietary information to the Company through this Site unless specifically requested by the Company. Please note that any unsolicited information or material sent to the Company will be deemed not to be confidential or proprietary. By submitting information and material to this Site, you grant to the Company (or warrant that the owner of such information and material has expressly granted to the Company) a royalty-free, perpetual, irrevocable, unrestricted, right and license to use, reproduce, display, perform, modify, adapt, publish, translate, transmit and distribute or otherwise make available to others such information and material (in whole or in part and for any purpose) worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed. You also agree that the Company is free to use any ideas, concepts, know-how or techniques that you send to it for any purpose.
The Company does not want to receive, and you are deemed to agree through the use of this Site not to provide, any information or materials to the Company that are defamatory, threatening, obscene, harassing, in violation of any law, governmental requirements or otherwise unlawful, or that incorporate the proprietary information or materials of another person or entity.
You shall not upload, post or otherwise make available on this Site any information and material protected by copyright, trademark or other proprietary right without the express written permission of the owner of such right(s). You shall be solely liable for any damages resulting from any infringement of copyright, proprietary rights, or any other harm resulting from such a submission.
License and Site Access. Subject to your compliance with the Terms, and your payment of any applicable fees, Bell grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the products and services made available through this Site. This authorization is not a transfer of title to the Site or the Materials contained herein, and any downloading, modification, reproduction, copying or redistribution for commercial purposes of any information or Materials or design elements of the Site is strictly prohibited without the prior written consent of Bell. Requests for permission to reproduce any information contained on this Site should be addressed to Bell at the address provided under “Contact Us” on this Site. Furthermore, this license does not include any resale of any products and services made available through this Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any products and services made available through this Site; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in the Terms are reserved and retained by Bell or its licensors, suppliers, publishers, rightsholders, or other content providers. No product and service made available through this Site may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited without express written consent of Bell. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Bell without express written consent. You may not use any meta tags or any other “hidden text” utilizing Bell’s name or trademarks without the express written consent of Bell. You may not misuse products and services made available through this Site. You may use the products and services made available through this Site only as permitted by law. The licenses granted by Bell terminate if you do not comply with the Terms.
Ownership. You have no ownership rights in the Site or in the Materials. Rather, you have a license to download, access, view, use and display this Site and the Materials as long as the Terms remains in full force and effect. Unless otherwise noted, ownership of the Site and the Materials and all intellectual property rights therein shall remain at all times with Bell or their respective owners.
Notice of Copyright Infringement. We respect the intellectual property of others, and we ask our users to do the same. To the extent that you have provided any work and if you believe that your work has been copied and is accessible on this Site in a way that constitutes copyright infringement, please provide the Copyright Agent (as identified below) with the following information:
The Copyright Agent for Notice of claims of copyright infringement on the Site can be reached at the address set forth under “Contact Us” on this Site.
If Bell is notified of any claims of copyright infringement on the Site, Bell may investigate the allegation and determine in good faith and at its sole discretion whether to remove or request the removal of the work or material. Bell has no liability or responsibility to users for performance or nonperformance of such activities.
Termination. Your rights under the Terms will automatically terminate without notice if you fail to comply with any of its terms or fail to pay any charges associated with your account by the due date. In case of such termination, Bell may immediately revoke your access to the Site. Bell’s failure to insist upon or enforce your strict compliance with the Terms will not constitute a waiver of any of its rights.
International Users and Export Restrictions. This Site is administered by Bell from its offices within the United States of America and Canada. Bell does not make any representation that all products, services, or programs, if any, are available in your country or that materials published at this Site are appropriate or legally available for use at locations outside of the United States and Canada. Access to such materials from territories where their contents are illegal is prohibited. You may not use the Site or transfer, download, or use any information or materials in violation of United States and Canadian laws and regulations, including those relating to export controls. The Terms are expressly made subject to any laws, regulations, orders, or other restrictions on the export from the United States and Canada of the Materials or information about the Materials that may be imposed from time to time by the government of the United States and Canada. You shall not export the Materials or information about the Materials without the consent of the Bell and compliance with such laws, regulations, orders, or other restrictions. If you access the Site from a location outside of the United States, you are responsible for compliance with all local laws. By your use of this Site, you represent and warrant to Bell that you are in compliance with all laws applicable to your use of this Site. You shall not disclose any information furnished hereunder in any manner contrary to the laws and regulations of the United States, Canada, or any applicable foreign export laws and regulations. You shall not grant access to this Site to any individuals or groups from Sanctioned or Embargoed countries as determined by the United States Office of Foreign Asset Control. The information contained on this Site may be subject to various government regulations including, but not limited to, the Export Administration Regulations (EAR) and the International Traffic in Arms Regulations (ITAR), the Canadian Export and Import Permits Act, as well as such export or import restrictions of any other jurisdiction as may apply. The information contained on this Site may be subject to the provisions of the Canadian Export and Import Permits Act (RS Chapter 17), Export Administration Act of 1979 (50 USC 2401-2410), the Export Administration Regulations promulgated thereunder (15 CFR 768-799), and the International Traffic in Arms Regulations (22 CFR 120-130 and 130). These statutes and regulations impose restrictions on export, import, and transfer to third countries of certain categories of data and articles, and that licenses or registrations from the United States Department of State, the United States Department of Commerce, or the Canadian Department of International Trade may be required before such data and articles can be disclosed, and that such licenses may impose further restrictions on use and further disclosure of such data. You agree to comply with all United States and Canadian governmental regulations mentioned above as they relate to the export, import and re-export of data contained on this Site.
Electronic Communications. When you use this Site or the services offered on this Site, or send e-mail and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails or notices and messages on this Site, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that Bell provides to you electronically satisfy any legal requirement that such communications be in writing.
Copyright. All content included in or made available through this Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Bell or its content suppliers and protected by United States and foreign copyright laws. The compilation of all content included in or made available through this Site is the exclusive property of Bell and protected by U.S. and foreign copyright laws.
You agree to comply with all copyright, trademark, and other laws worldwide in your use of this Site and to prevent any copying, reproduction, modification, distribution, displaying, performing, or transmission in violation of the Terms. Except as expressly provided in the Terms, Bell does not grant any express or implied license or third party right to you under any patents, trademarks, copyrights, or trade secret information of Bell or of any third party.
Copyright Notice. All the design, text, graphics, and the selection and arrangement thereof on this Site are the property of Bell.
Trademarks. Graphics, logos, page headers, button icons, scripts, and service names included in or made available through this Site, whether or not appearing in large print or with the trademark symbol, are trademarks or trade dress of Bell in the U.S. and other countries. Bell’s trademarks and trade dress may not be used in connection with any product or service that is not Bell’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Bell. All other trademarks not owned by Bell that appear in products or services that are made available through this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Bell. Users are not permitted to use Bell’s trademarks and trade dress without the prior express written consent of Bell.
Transfer Restrictions. You shall not sublicense, transfer, or assign any of the rights or licenses granted under the Terms. Any attempted transfer in violation of the foregoing is void.
Choice of Law and Forum. The Terms and any dispute between you and Bell arising out of or related to the Terms or your use of this Site (the “Disputes”) shall be construed, interpreted, and governed by the laws of the State of Texas, U.S.A., without giving effect to its conflict of laws provisions. The courts of General Jurisdiction of the State of Texas in the Country of Tarrant, or the Federal District court for the Northern District of Texas, Fort Worth Division, shall have primary and exclusive jurisdiction and be the exclusive venue for the Disputes, and you consent to the personal and exclusive jurisdiction and venue of these courts in connection with the Disputes.
Entire Agreement. The Terms shall constitute the entire agreement between Bell and you and supersedes any previous oral, written, or electronic communications or documents with respect to the subject matter herein. If any part of the Terms is found invalid or unenforceable by a court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of the Terms shall continue in full force and effect.