The following terms and conditions apply to the use of this website and contain information relating to rights and obligations and your access to and use of this website and/or the services provided through the website – please read them carefully.
- You agree that by registering with, or by using the Site, including other information provided as part of the Site Services, you are entering into a legally binding agreement with B2 based on the terms of these Terms. If you are using the Site on behalf of a company or other legal entity, you are nevertheless bound by these Terms.
- The Site may not be available at all times or in all areas. B2 may permit you to register for services, and/or deny service to you, at any time and at its sole discretion, including without limitation in the event you do not adhere to these Terms, including the Rules of Conduct set forth below. B2 reserves the right to, at any time to: (a) modify or discontinue, temporarily or permanently, the Site (or any part thereof) without notice; (b) charge fees for the use of the Site or any Services; and/or (c) modify and/or waive any fees charged in connection with the Site and/or the Services. You agree that B2 shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site, or of any content or Services. Your continued use of the Site after any such changes will indicate your acceptance of such changes.
- Access to this site or to the Services may be limited to a maximum number of times and/or duration in a given period of time.
- You agree not to access this Site by any means other than through the interface that is provided by B2 for use in accessing the Site.
- If you do not agree to any of these Terms (or any such other rules, guidelines, codes of conduct, terms and directions), please refrain from using this site.
2. Charges to Content and/or Services
- Some or all Site content and/or Services available on or via this Site may be available conditioned on your purchase of a subscription or payment of a one-time charge.
- If you elect for subscription-based content/Services and send B2 a subscription application, you represent and warrant that you are at least 18 years of age, that all information you submit is true and accurate (including without limitation your credit card number and expiration date), and you agree to pay all applicable subscription fees you incur plus all applicable taxes.
- You may cancel your subscription to any fee-based content and/or services by contacting B2, provided you never commenced using the Site content and/or Services in any way, in whole or in part, and further provided that the cancellation notice is received by B2 within 30 days of payment of the fees associated with such content and/or services.
- If your access to this Site, or any part of it, or to any Services that are subject to the payment of a subscription fee, B2 may deny or suspend access in the event of late or non-payment of any fee due.
- Except where expressly provided, applicable fees shall be payable by Users in advance at the time, by the means of payment and at the rates stipulated by B2.
- Fees are subject to change at any time. B2 will make commercially reasonable efforts to inform Users who subscribe for fee-based content and/or Services of any such changes in advance.
- You are responsible for obtaining the relevant hardware and software equipment and paying all telephone (or other network) charges necessary to access and use this site and the Services.
- The provisions of these Terms relating to Site content (as defined below) shall also apply to any sent/downloaded content.
3. Restrictions and limitations on use of this site
- Unless otherwise specified, the Services provided in this Site are for non-commercial use. You may not modify, copy, distribute, transmit, download, display, perform, reproduce, publish, license, create derivative works from, transfer, reverse engineer or sell any information, software, content, materials, documents, products or services obtained from the Site and/or Services.
- You shall not use this Site or the Services in a way that breaches these Terms or any applicable law or regulations or that causes or is likely to cause any damage, interruption or impairment of this Site or the Services. You may not collect or attempt to collect personal information relating to others through this Site.
4. User Registration and Logging On/Off
- To post, upload or download materials, communicate via and to access this Site, Services, resources and certain or all Site content (defined below), You may be asked to provide registration details and log on. It is a condition of use of this Site, Services and Site content that all registration details User provides are and will remain true, correct, current and complete.
- You agree to notify B2 immediately of any changes which are relevant to your registration. Notification should be made to the address or e-mail address for B2 designated on this Site.
- If B2 reasonably believes the details are not correct, current, or complete, or if B2 otherwise reasonably believes such action would be appropriate (including where it suspects the registration of multiple accounts/User profiles by the same individual), it has the right to refuse user’s access to the site, and/or any of its resources, Services and site content, and to terminate or suspend user’s account (if any).
- Where you log on in order to gain access to this site or a part of this Site, where B2 provides a ‘log-off’, ‘exit’ (or similar) option, you undertake to log off and exit from your account at the end of your session.
- B2 reserves the right to log off logged on Users whose accounts are inactive for an extended period of time.
5. Password; Account Details
- You are responsible for maintaining the confidentiality of your password, account number, ID and other details (if any) and for all activities under your user’s account. Any unauthorized use of user’s account or other breach of security should be reported to B2 immediately. Your registration and/or subscription is personal to you and you may not disclose or make available your account name, ID or password to others. Any disclosure by you of your account name and password may result in termination of your registration and/or subscription and, where you register for fee/subscription-based content/Services, such termination shall be without refund and may be subject to additional charges based on unauthorized use.
- You agree to notify B2 immediately of any unauthorized use of your account or any other breach of security. B2 will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by B2 or another party due to someone else using your account or password. You may not use anyone else’s account at any time.
6. Intellectual Property
- B2 shall retain full and exclusive ownership of all Intellectual Property Rights of whatever nature whether registered or not, in all of B2’s content, documents, proprietary or confidential information or data, products, materials, generic developments and know-how. Client shall retain without any modifications, any copyright notices included in any of B2 documentation and materials provided to it.
7. Notice Specific to Documents Available on This web site
- Permission to use documents (such as white papers, press releases, datasheets and FAQs) from the Services is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Documents from the Services is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Use for any other purpose is expressly prohibited by law.
- Documents specified above do not include the design or layout of the www.b2ps.com Site or any other B2 owned, operated, licensed or controlled sites. Elements of B2 Sites are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the Site may be copied or retransmitted unless expressly permitted by B2.
8. Privacy and Protection of Personal Information
9. User Content
- In these Terms, User content is information or other content, which is or may be provided to B2 or inputted or uploaded by User through this Site or related means, including, without limitation, pictures, video and other images, audio materials, graphics, document or data files, information relating to natural and other persons, messages, e-mail and other communications, files, texts, opinions, personalization settings and other information.
- By uploading User content to this Site or sending or making available user content to other users or B2, through or by reason of Site, Services or Site content use or otherwise, you automatically grant (or warrants that the owner of such user content expressly granted) B2, its affiliates and their designees a perpetual, royalty-free, irrevocable, and non-exclusive right and license to use (including commercial use and exploitation), copy, sub-license, reproduce, modify, adapt, publish, translate, publicly perform, display and distribute user content (including any ideas, concepts, know-how or techniques contained therein), and create derivative works from and incorporate user content (or any part thereof) into any form, medium, or technology now known or later developed throughout the world. In addition, you warrants that you have the rights necessary to grant such license and that all “moral rights“ in any user content have been waived. All user content will be considered non-confidential, not subject to any use restrictions and no User content will be subject to any obligation of confidence on B2’s part.
- B2 disclaims all liability relating to any user content, including any error, virus, defamation, libel, obscenity or inaccuracy contained in any user content, whether or not arising under the laws of copyright, libel, privacy or otherwise, any prohibited user content and any other user content.
- B2 disclaims all liability for unauthorized use (by other users) of user content, and disclaims, without limitation, all liability for use of user content which breaches any copyright, trade mark rights or other intellectual property rights of any other User or person.
- User is solely responsible for any damage (including to Site content) resulting from use (or submission) of any user content or the site (including disputes and incidents described in the preceding sections) and related transactions or occurrences.
10. Downloads and Online Applications
- Any drivers, software, programs (including all upgrades and updates), browser plug-ins, peripherals and other applications, computer based services or utilities, any software made available to users in connection with, or to facilitate access to, this Site and all files and images, incorporated in or generated by software, programs and other materials available for download, or as a remote application or service, from the Site content (“Utilities“) are provided by way of support and service to users. Title to Utilities (whether downloaded or not) is not transferred to users and is owned (as to all intellectual property rights therein) by B2, B2 affiliates or the relevant licensors.
- User’s use of any Utilities shall be governed also by the terms of any associated on-line-or off-line documents, end user license (EULA) or other relevant agreements, and terms and conditions specified by the relevant vendor or licensor (which shall supersede these Terms, in the case of any inconsistency with these Terms). Where no EULA accompanies a Utility, the Utility is licensed to you on a single-user, non-transferable, non-exclusive, revocable basis.
- Utilities may be used only as specified in the applicable EULA. User may not reproduce, copy, rent, lease, reverse engineer, decompile or sell Utilities, except to the extent expressly permitted by the EULA or by applicable law. Unauthorized use of Utilities violates copyright and other intellectual property rights and B2 or the relevant licensor (as appropriate) reserves all rights.
- B2 does not give any warranty with regard to the accuracy or reliability of the results or output that derives from the use of Utilities. B2 does not accept any responsibility for loss of data or damage caused by the installation or use of any of the downloaded Utilities, or give any other warranty, or accept any liability whatsoever with respect to Utilities.
- B2 recommends that users, and you agree to such recommendations, always create and retain a copy of all data in hardware (with or in which Utilities will be installed or used) before installing or using any Utilities.
- B2 does not (except as specifically stated in an applicable EULA, if at all) offer support or assistance in using, installing or maintaining any Utilities, or resolving issues or problems that may occur as a result of using or installing Utilities.
- You acknowledge that the Utilities, and any accompanying documentation and/or technical information, may be subject to applicable export control laws and regulations. You agree not to export or re-export the Utilities, directly or indirectly, in breach of any such laws or regulations.
- The downloading of any Utility constitutes acceptance of these Terms. If you do not agree with these Terms, you may not download any Utility or accompanying online documentation.
11. No Unlawful or Prohibited Use
- As a condition of your use of the Site and/or the Services, you will not use the Site and/or the Services for any purpose that is unlawful or prohibited by these Terms, conditions, and notices. You may not use the Site and Services in any manner that could damage, disable, overburden, or impair any B2 server, or the network(s) connected to any B2 server, or interfere with any other party’s use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any B2 server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.
12. Rules of Conduct
- While using the Site, you agree to comply with all applicable laws, rules, and regulations. In addition, users of the Site are expected to respect the rights and dignity of others, and your use thereof is conditioned on your compliance with the following Rules of Conduct. You agree that you will not:
- Transmit or otherwise use or make available in connection with the Site anything that is or may be: (a) threatening, harassing, degrading, hateful, or intimidating; (b) defamatory; (c) fraudulent or tortious; (d) obscene, indecent, pornographic, or otherwise objectionable; or (e) protected by copyright, trademark, trade secret, right of publicity, or other proprietary right, without the express permission of the owner of such right.
- Interfere with or violate any other Site visitor’s or user’s right to privacy or other rights, or harvest or collect personally identifiable information about visitors or users of the Site without their express consent. Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others.
- Transmit or otherwise make available in connection with the Site any virus, worm, Trojan Horse, time bomb, web bug, cancelbot, “spyware,” or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component.
- Interfere with or disrupt the operation of the Site, or the servers or networks that host the Site or make the Site available; or disobey any requirements, procedures, policies, or regulations of such servers or networks. Restrict or inhibit any other person from using the Site, including by means of hacking or defacing any portion of the Site.
- Transmit or otherwise make available in connection with the Site any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” investment opportunity, or any other form of solicitation.
- Impersonate any person or entity, including, but not limited to, any B2 agent or representative; falsely state or otherwise misrepresent your affiliation with any person or entity; or express or imply that we endorse any statement you make, without our prior written consent.
- Sell, license, or exploit for any commercial purposes any use of or access to the Content, Services or Site.
- Modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Content, Services, or Site.
- Remove any copyright, trademark, or other proprietary rights notice contained in the Site and/or Services.
- Frame or mirror any part of the Site without B2’s prior express written authorization.
- Use any robot, spider, site search or retrieval application, or other manual or automatic device or process to retrieve, index, data-mine, or in any way determine, archive, reproduce, or circumvent the navigational structure or presentation of the Site.
- Create a database by systematically downloading and storing all or any of the Content from the Site.
13. Limitation of Liability and Disclaimer of Warranties.
- THE SITE, ITS CONTENT, SERVICES, DOCUMENTS, SOFTWARE AND UTILITIES AVAILABLE THROUGH USE OF THIS SITE (for purposes of this clause, together the “SITE CONTENT”) ARE PROVIDED TO YOU “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. YOU AGREE THAT YOU MUST EVALUATE AND BEAR ALL RISKS ASSOCIATED WITH THE USE OF THE SITE CONTENT AND ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS THEREOF. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, B2 DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SITE CONTENT INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. B2 WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN IF B2 HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. IN PARTICULAR, AND WITHOUT LIMITATION, B2 WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE THE SITE CONTENT, INCLUDING ANY SERVICE MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE SITE, OR ANY PRODUCTS OR SERVICES ACCESSED, USED, ACQUIRED, OR DISCOVERED THROUGH OR IN CONNECTION WITH THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE OR ANY SERVICE IS TO STOP USING THE SITE.
- WITHOUT LIMITING THE FOREGOING, B2 MAKES NO REPRESENTATION OR WARRANTY THAT: (A) THE SITE CONTENT OR ANY SERVICE WILL MEET YOUR REQUIREMENTS; (B) ACCESS TO THE SITE OR ANY SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE CONTENT OR ANY SERVICE WILL BE ACCURATE, TIMELY, OR RELIABLE; (D) ANY REPORTED PROBLEMS MAY BE RESOLVED WITH THE USE OF ANY INFORMATION PROVIDED ON THIS SITE; (E) THE QUALITY OF ANY SERVICES ACCESSED OR USED THROUGH OR IN CONNECTION WITH THE SITE WILL MEET YOUR EXPECTATIONS; (F) ANY ERRORS IN THE SITE WILL BE CORRECTED; OR (G) THE SITE OR THE EQUIPMENT OR NETWORK(S) ON WHICH THE SITE IS HOSTED ARE FREE OF VIRUSES, BUGS, WORMS, DEFECTS, OR OTHER HARMFUL COMPONENTS.
- Any User content and/or Services you obtain or use, or convey through Site use will be at your own discretion and risk and are subject to the disclaimers and liability limitations in these Terms. B2 cannot guarantee the security of this Site and user content or that access to the Site will be uninterrupted.
- B2 gives no warranty that Site Content is appropriate, available or permitted for use in all locations or as to its interoperability with any hardware, software or content or as to user’s ability through this Site to access or interact with any other service providers, networks, users, or informational or computing resources through the internet. Those who access this Site and use Site Content and/or Services are responsible for compliance with all applicable law and regulations.
- The Site may provide links to other Internet websites and resources. Since B2 has no control over such sites and resources, you acknowledge and agree that B2 is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available through such sites or resources. Other websites may provide links to the Site with or without B2’s authorization. B2 has no control over the sites that provide links to the Site, and you acknowledge and agree that B2 does not endorse such sites and is not responsible for any links from those sites to the Site, for any content, advertising, products, or other materials available on or through such other sites, or for any loss or damages caused by using or relying on any such materials. You further acknowledge and agree that B2 shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to have been caused by or in connection with the use of or inability to use: (a) any sites or resources to which B2 provides links, or that provide links to the Site; or (b) any content, goods, or services available on or through any such sites or resources. B2 shall have the right, but not the obligation, at any time and in its sole discretion, to block links to the Site through technological or other means, without prior notice.
- You represent and warrant that you will comply with all applicable laws in connection with your use of the Site and Services. You agree to defend, indemnify, and hold harmless B2 and its directors, officers, shareholders, licensors, employees, agents, and representatives, from and against all claims, losses, costs, damages, liabilities, and expenses (including but not limited to attorneys and professional fees) arising out of: (a) your activities in connection with the Site or Services; (b) any violation of these Terms by you; or (c) any allegation that anything you transmit through or in connection with the Site infringes or otherwise violates the copyright, trademark, trade secret, privacy, or other rights of any third party. B2 and/or its affiliates disclaims all liability relating to any user content, including any error, virus, defamation, libel, obscenity or inaccuracy contained in any User content, whether or not arising under the laws of copyright, libel, privacy or otherwise, any prohibited User content and any other User content.
16. Copyright Notice; Ownership of Site Content
- © B2 Payment Solutions Inc. All rights reserved worldwide. Any rights not expressly granted herein are reserved.
- B2 does not transfer title to any Site content downloaded or used by users. Site content, including all materials and information included therein, are owned by B2 or B2 affiliates and/or their content and technology providers and is protected by copyright and other laws. Limited permission to use Site content in accordance with these Terms is specifically conditioned on user’s recognition, observance and retention of all copyright, trade mark and other proprietary notices in site content, and all proprietary and other intellectual property rights of B2 or B2 affiliates and/or content and technology providers.
- Any unauthorized use or copying of site content, or use of site content which breaches these Terms (or their spirit) may violate trade mark, copyright and other proprietary rights, and have civil and criminal consequences. Users shall not use any Site content (or any other content made available through this site) in any manner that infringes any trade mark, copyright or other proprietary rights. B2 reserves all rights with respect to such unauthorized use or breach of these Terms.
- Any use of B2 trade names and/or marks or permutations thereof (except as expressly authorized by B2 in writing) is strictly prohibited. Other product and company names mentioned in this site may be the trade marks of their respective owners.
- Except as expressly authorized in advance by B2, you agree not to copy, modify, rent, lease, loan, sell, distribute, or create derivative works based (whether in whole or in part) on, any materials, including without limitation the Content and the Services, that are made available on or through the Site.
- All trademarks and service marks on the Site not owned by B2 or are the property of their respective owners. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of B2’s trade names, trademarks, or service marks without the prior express written permission of B2.
- You agree that B2, in its sole discretion, may terminate your use of the Site or any part thereof, at any time and for any reason, including, without limitation, if B2 believes that you have violated or acted inconsistently with the letter or spirit of these Terms. You agree that any termination of your access to the Site and/or the Services may be effected with immediate effect and without prior notice. B2 shall not be liable to you or any third party for any termination of your access to the Site or any part thereof.
- Except in relation to a Service or access for which a subscription fee is payable, User may terminate its privileges to use Services on this Site, at any time by destroying all site content downloaded from this site, and all copies, wherever located or installed. User’s right to use services on this site and other site content will terminate immediately with or without notice in B2’s sole discretion if you fails to comply with any of these Terms.
- B2 also reserves the right to terminate user’s access to this Site and/or his/her account in B2’s discretion at any time without cause (subject to the refund of any amounts paid in advance by User in respect of such access in accordance with the applicable terms). In such circumstances, B2 will make commercially reasonable efforts to send notice of termination to Users at their last notified contact address or e-mail address.
- On termination, User must cease use of, and destroy all copies it holds of Site content and B2 may remove and/or delete all such content, except where a perpetual license has been granted by B2 to use certain site content in return for a fee which has been paid. Following termination B2 shall have no obligation to maintain any user content or to forward any messages to you or any third party.
- These Terms do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto. This Agreement is governed by and construed in accordance with the laws of the State of Delaware, United States of America, without regards to its principles of conflicts of law. You agree to exclusive jurisdiction by the federal and state courts located in the State of Delaware, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. You may not assign, sublicense or otherwise transfer any or all of your rights or obligations under these Terms without B2’s prior express written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. These Terms, together with all policies referred to herein, is the entire agreement between you and B2 relating to your use of the Site and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and B2 with respect to such subject matter. Notices to you may be made via either email or regular mail. The Site may also provide notices of changes to these Terms or other matters, by displaying such notices or by providing links to such notices. Without limitation, you agree that a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. If any provision of these Terms is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; and if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of these Terms will not be affected in any way.