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B2B Markets General Terms and Conditions
B2B MARKETS, INC. (“B2B Markets”) WEBSITE USER AGREEMENT
(“GENERAL TERMS AND CONDITIONS”)
- Introduction
These Terms and Conditions and all policies which are posted on and in any of Our sites, applications, tools, and services (collectively “Services”) set out the terms on which B2B Markets Inc (B2B Markets) offers access to and use of Our services. B2B Markets, Inc., its parents, subsidiaries, licensees, stockholders, directors, employees, and agents (Collectively or individually “B2B Markets”, “We”, “Us” or “Our”). These Terms and Conditions cover any and all transactions of any nature between Us and any subscriber, buyer, supplier, seller, service provider or any User of Our websites, User platforms or other services (individually and/or collectively “You”, “Your”, “User” or “Users”). The terms “You” or “Your” shall be considered to encompass all corporate, group, or individual users, including their respective parents, subsidiaries, licensors, licensees, affiliates, officers, directors, partners, principals, employees, and agents. By offering products for sale or auction through Our site, or by placing a bid or offering to purchase merchandise or providing any services on any of Our platforms (“individually and/or collectively Our “Services”) You agree to comply with all terms of this User Agreement as well as Our Privacy Policy, Auction Policy and RFQ Policy “https://b2bmarkets.com/terms-conditions” when accessing for using Our services. If You do not agree upon these terms of use, You may not auction, bid upon, sell to, or buy inventory posted on this site.
You understand that the use of our website is strictly restricted to Users that are businesses in good legal standing. You will cease use of Our website once and if your business is not in good legal standing. You understand and agree that should We discover that You are not in good legal standing, We reserve in our sole & absolute discretion to cancel your subscription and in the event that You are in the process of a transaction on Our website, disallow You from completing your transaction.
We may change the terms and conditions at any time without notice, and any changes will be included in the terms and conditions posted on the site. Please check the terms and conditions for changes. Your continued use of the site after the terms and conditions have been changed constitutes Your acceptance of such changes.
Beta Program Terms and User Acknowledgement
BETA TESTING PROGRAM – IMPORTANT NOTICE TO USERS
The Services, including all tools, features, transactions, user interactions, and access provided by B2B Markets, Inc. (“B2B Markets,” “We,” “Us,” or “Our”), are currently made available as part of a limited Beta Release Program (“Beta Program”) for testing, feedback, and evaluation purposes only. You acknowledge and agree that:
Non-Final, Experimental Use Only
The Services are in Beta status, and are therefore subject to further development, modification, improvement, or discontinuation at any time and without notice. The Beta version may contain bugs, errors, omissions, configuration issues, security vulnerabilities, performance limitations, and other problems typical of pre-commercial releases. You agree to use the Services “as-is,”, “with all faults”, “as-available,” and entirely at Your own risk.
No Warranties; No Expectation of Fitness for Any Purpose
We disclaim any and all warranties, express or implied, including any warranties of merchantability, fitness for a particular purpose, performance, accuracy, availability, non-infringement, or that defects or errors will be corrected. The Beta Program is not a commercial product or a service-level commitment and should not be relied upon for mission-critical uses.
Waiver of Claims
To the fullest extent allowed by law, You waive, release, and forever discharge B2B Markets, its officers, directors, shareholders, employees, licensors, affiliates, agents, and contractors from any and all claims, liabilities, losses, damages, costs, and expenses, whether known or unknown, direct or indirect, arising out of or related to Your use, inability to use, or reliance upon the Beta Program or Services. This waiver includes but is not limited to: claims of platform downtime, misrepresentations by other Users, system errors, unauthorized transactions, failed communications, lost profits, lost data, and missed business opportunities.
No Duty to Users; No Fiduciary Relationship
Participation in the Beta Program does not create any duty, fiduciary obligation, or special relationship between You and B2B Markets. We are under no obligation to monitor, correct, improve, or respond to issues You encounter, and We retain sole discretion as to when and how changes are made.
Feedback & Intellectual Property
By submitting any suggestions, comments, bug reports, performance data, or other feedback during the Beta Program, You grant B2B Markets a perpetual, worldwide, irrevocable, royalty-free license to use, reproduce, modify, and incorporate such feedback into any of Our current or future services without further compensation or acknowledgment.
Indemnity for Beta Use
You agree to indemnify, defend, and hold harmless B2B Markets and its affiliates from any third-party claims or regulatory actions resulting from Your use of the Beta Services, including any transactions You initiate, services You advertise, listings You post, or content You upload during the Beta phase.
Beta Program Termination
B2B Markets may modify, suspend, restrict, or terminate the Beta Program (or Your access to it) at any time, with or without notice, and without liability of any kind. Participation in the Beta Program does not guarantee future availability of any feature, pricing, service continuity, or account privileges.
Governing Law
These Beta terms shall be governed by and construed under the same legal terms and jurisdiction specified in the General Terms and Conditions, including all dispute resolution and arbitration provisions therein.
BY USING THE SERVICES DURING THE BETA PHASE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO THE ABOVE BETA TERMS, AND ASSUME FULL RESPONSIBILITY FOR ALL RISKS ARISING FROM PARTICIPATION.
- Nature of Relationship
B2B markets is an intermediary that provides access to Services through online User platforms, through which Users may engage in business transactions related to the purchase, bidding, soliciting, supplying, selling, financing, and shipping products amongst other services. B2B Markets does not own, warehouse, inspect or sell inventory or other products, and is not a party to any purchase, sale, listing, or bidding transaction listed on B2B Markets and is not a traditional auctioneer. Nor does B2B Markets offer credit or financing or any other services with regard to any purchase or sale. B2B Markets merely provides the User platform and a suite of Services through which a purchase and sale products and/or services may be transacted between a buyer and seller.
Any advice, ideas, guidance, or links We may provide as part of Our services relating to such matters such as marketing, listing, sourcing, pricing etc. is solely informational in nature and You may decide to follow it or not. While We may help facilitate the resolution of disputes, B2B Markets has no control over and does not guarantee the existence, quality, safety, or legality of inventory listed for sale; the truth or accuracy of User’s content or listings; the ability of sellers to sell items; the ability of buyers to pay for items; the ability of service providers to render the service for which they have been engaged, or that a buyer/bidder will actually complete a transaction or attempt to cancel a sale or return an item.
You understand and acknowledge that B2B Markets is not acting on Your behalf or as Your agent of fiduciary. You agree to engage with Our User Platforms at Your own risk and to take all necessary steps as You and Your company find reasonable and necessary to diligently investigate any and all products or services prior to finalizing any transaction. You further agree to hold B2B Markets, its officers, shareholders, representatives, and associates harmless of any claims or damages You and Your company may incur by using any of B2B’s offerings.
B2B Markets and its affiliates/online partners reserve the right to refuse or cancel Your service, terminate Your accounts, or remove or edit content in its sole & absolute discretion.
Transacting on or visiting www.b2bmarkets.com or sending emails to B2B Markets constitutes electronic communications. You expressly consent to receive electronic communications and You agree that all agreements, notices, disclosures, and other communications that We provide to You electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
The User warrants that it is legally qualified and fully authorized to enter into any transaction conducted through B2M Markets and/or its service providers or with any other User of these services.
- Fees and Taxes
B2B Markets offers Users the ability to subscribe to Our Service offerings as well as to utilize the Services on a one-time basis. The fees We charge for using Our Services are listed on Our Accounts and Service Fees page. We may change Our fees from time to time by posting the changes on www.b2bmarkets.com. If a User has purchased a Services subscription the rate paid shall remain the same for the term of that subscription period.
In any jurisdiction where We have an obligation to collect sales taxes on sales made using Our services, We may in Our sole & absolute discretion, but are not required to collect such sales taxes from You via the payment method on file.
If We are at any time after a transaction charged taxes or third-party fees that are Your responsibility and that You have not already paid, You will be required to and hereby agree to promptly pay said taxes, fees, or other charges, even if We prepaid them in whole or in part. You agree that if You fail to pay said taxes or fees within 10 days of Your receiving written proof of such charge that We will be entitled to utilize legal process to collect twice the indebtedness and You will be responsible for payment of out reasonable attorney fees. Any unpaid account after 30 days of notice shall earn an interest equal to 10% per month (or as applicable/allowed by law) until such time fully paid.
- Non-Circumvention
The User hereby that it will not, directly, or indirectly, contact, deal with or otherwise become involved with any User or any other entities or parties introduced, directly or indirectly, by or through B2B Markets, its officers, directors, agents, or associates, for the purpose of avoiding the payment to Us of profits, fees or otherwise, without the specific written approval of the Company. If You attempt to circumvent these Terms & Conditions by communicating directly with any other User and not through Our User platforms, You will be considered to be in material breach thereof. In such case, all rights to use Our services will terminate immediately and, in addition to any remedies that may be available to Us under the law, be required to pay as liquidated damages three times the amount due to Us under Your present obligation as Well as Our reasonable attorney’s fees for collecting under or enforcing the Terms and Conditions.
- Privacy
Protecting Your privacy is very important to B2B Markets and We will take all reasonable means necessary to protect Your information. Your use of www.b2bmarkets.com and any other website or online platforms that We host is subject to B2B Markets' Privacy Policy. Please review Our Privacy Policy, which also informs Users of B2B Markets’ data collection practices which may be changed from time to time.
- Acceptable Use Policy
You agree that, in connection with Your use of the Site:
You are responsible for maintaining the confidentiality of Your account and password and for restricting access to Your computer, and You agree to accept full responsibility for all activities that occur under Your account and/or password;
You may not assign, share, or otherwise transfer Your account/password to any other person or entity;
You acknowledge that B2B Markets is not responsible for third party access to Your account that results from theft or misappropriation of Your account;
You are using the site for strictly business and not personal purposes and that the information You provide is true and accurate.
You agree that You will not, in connection with Your use of the Site:
breach any applicable law, regulation or code of conduct or infringe any intellectual property or other rights of others; publish or send any information that is unlawful, defamatory, threatening, harassing, invasive of privacy, offensive, vulgar, racist, hateful, discriminatory, obscene, pornographic, sexually suggestive, promoting of self-harm, misleading, abusive, inaccurate product description/pictures or deceptive;
engage in the sale of drugs and related paraphernalia, pornography, firearms, cigarettes, alcohol, or any products that are illegal or whose sale through Our User platforms would be a violation of Federal or State law or a violation of the law at the location of either a User acting as a seller/supplier, or one acting as a bidder/buyer;
sell access to Our website, use Our website to provide a similar service to third parties or otherwise with a view to competing with Us, sell advertising, sponsorship, or promotions on or in connection with content except where explicitly authorized by Us.
B2B Markets does not knowingly collect, either online or offline, personal information from persons under the legal age. www.b2bmarkets.com is a Business to Business website which ONLY allows legally established businesses that remain in good standing to register and conduct various business-related transactions with other legally established businesses/entities. Personal use of any of B2B Markets pages &/or websites are strictly prohibited. If You are under 18, You may not use www.b2bmarkets.com without the permission of a parent or guardian.
- Links to Third Party Sites/Third Party Services
Certain services made available via www.b2bmarkets.com are delivered by third party sites and organizations, by way of example and not limitation, third party shipping services or third-party financing. By using any product, service, features, or functionality originating from the www.b2bmarkets.com domain/pages, or any other website or online User Platform that We host, You hereby acknowledge and consent that B2B Markets may share such information and data with any third party with whom B2B Markets has a contractual relationship to provide the requested product, service, or functionality on behalf of www.b2bmarkets.com Users, sellers, buyers, and affiliated service providers.
Third party services may have their own terms of use and privacy policies and B2B Markets is not liable for those terms and You agree to comply with their individual policies. B2B Markets is not liable in case of any disputes and/or legal action between You and any User, linked sites and third-party sites and You hold B2B Markets harmless.
www.b2bmarkets.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of B2B Markets and B2B Markets is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. B2B Markets is providing these links to You only as a convenience, and the inclusion of any link does not imply endorsement by B2B Markets of the site or any association with its operators. You are responsible to do Your own due diligence and not rely on any links or information on Our platform to make any business or other decisions.
You will be able to connect Your B2B Markets account to third party accounts. By connecting Your B2B Markets account to Your third-party account, You acknowledge/agree to hold B2B Markets harmless of any claims and agree that You are consenting to the continuous release of information about You to others (in accordance with Your privacy settings on those third-party sites). If You do not want information about You to be shared in this manner, do not use this feature. You further agree to hold B2B Markets harmless of any claims that You may have in the future against any User and/or third-party operating within the B2B Markets web pages.
- Cancellation/Refund Policy
B2B Markets reserves all rights to cancel membership/registration of any User in its sole & absolute discretion. Third parties providing services on any of Our User platforms (including but limited to shipping companies and merchant credit providers) or their affiliated pages/websites may have their own cancellation & return policies. It is Your responsibility to familiarize yourself with those cancellation/return policies.
- No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use www.b2bmarkets.com or any other website or User platform that We host strictly in accordance with these Terms and Conditions and other legal documents that may be added, amended & supplemented with or without notice. As a condition of Your use of any of Our User platforms, You warrant to B2B Markets that You will not use them for any purpose that is unlawful or prohibited by these Terms and or by law. You may not use the User platforms in any manner which could damage, disable, overburden, or impair their operation or interfere with any other party's use and enjoyment of the User Platforms or any other feature of the website.
All content included as part of Our Services, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of B2B Markets or its suppliers, buyers, or service providers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes thereto.
We respect the intellectual property rights of others, and We expect Our Users to do the same. If You think Your work has been copied in a manner that constitutes copyright infringement, You may notify Our copyright agent, who can be reached via email at:[email protected].
Please include all the following in Your notification:
- A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed.
- A description of the copyrighted work You claim has been infringed;
- A description of where the material You claim is infringing is located on the site;
- Your address, telephone number, email address, and all other information reasonably sufficient to permit Us to contact You;
- A statement by You, that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the site. B2B Markets content is not for resale or re-use on any other platform other than with prior written and executed authorization by B2B Markets. Your use of the site does not entitle You to make any unauthorized use of any protected content, and in particular, You will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for Your business use on this site and will make no other use of the content without the express written permission of B2B Markets and the content owner. You agree that You do not acquire any ownership rights in any protected content. We do not grant You any licenses, express or implied, to the intellectual property of B2B Markets or Our licensors & affiliated service providers except as expressly authorized by these Terms.
- Use of Communication Services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, business web pages, calendars, and/or other message or communication facilities designed to enable You to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send, and receive messages and material that are proper and related to the particular Communication Service. You agree not to use any of B2B Markets’ Communication Services to circumvent B2B Markets.
By way of example, and not as a limitation, You agree that when using a Communication Service, You will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inaccurate, misleading, inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless You own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another User of a Communication Service that You know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other User from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
B2B Markets has no obligation to monitor the Communication Services. However, B2B Markets reserves the right to review, maintain, and use for its business purposes, materials posted to a Communication Service and to remove any materials in its sole & absolute discretion. B2B Markets reserves the right to terminate Your access to any or all the Communication Services at any time without notice for any reason whatsoever.
B2B Markets reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in B2B Markets' sole & absolute discretion.
Always use caution when giving out any identifying personal or business information about Yourself, Your company, or Your children in any Communication Service. B2B Markets does not control or endorse the content, messages, or information found in any Communication Service and, therefore, B2B Markets specifically disclaims any liability with regard to the Communication Services and any actions resulting from Your participation in any Communication Service. Managers and hosts are not authorized B2B Markets spokespersons, and their views do not necessarily reflect those of B2B Markets.
- Materials Provided to www.b2bmarkets.com or Posted on Any B2B Markets Web Page
B2B Markets does not claim ownership of the materials You provide to www.b2bmarkets.com (including feedback and suggestions) or post, upload, input or submit to any B2B Markets Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing, or submitting Your Submission You are granting B2B Markets, Our affiliated companies, and necessary sublicensees permission to use Your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat Your Submission; and to publish Your name in connection with Your Submission.
No compensation will be paid with respect to the use of Your Submission, as provided herein. B2B Markets is under no obligation to post or use any Submission You may provide and may remove any Submission at any time in B2B Markets' sole discretion.
By posting, uploading, inputting, providing, or submitting Your Submission You warrant and represent that You own or otherwise control all of the rights to Your Submission as described in this section including, without limitation, all the rights necessary for You to provide, post, upload, input or submit the Submissions.
- International Users
The Service is controlled, operated, and administered by B2B Markets from our offices within the USA. If You access the Service from a location outside the USA, You are responsible for compliance with all local laws. You agree that You will not use the B2B Markets Content and services/online tools accessed through www.b2bmarkets.com in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
The rights and obligations of the Parties under any Agreement shall be subject in all respects to United States laws and regulations as shall from time to time govern the license and delivery of technology and products abroad, including the United States Foreign Assets Control Regulations, Transaction Control Regulations and Export Control Regulations, as amended, and any successor legislation issued by the Department of Commerce, International Trade Administration, or Office of Export Licensing. Without in any way limiting the provisions of these terms and conditions, each Party agrees that, unless prior authorization is obtained from the Office of Export Licensing, it will not export, re-export, or transship, directly or indirectly, to any country, any of the technical data disclosed to it by the other Party hereto if such export would violate the laws of the United States or the regulations of any department or agency of the United States Government.
- Indemnification
You agree to indemnify, defend and hold harmless B2B Markets, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorney's fees) relating to or arising out of Your use of or inability to use the site or services, any User postings made by You, Your violation of any terms of this Agreement or Your violation of any rights of a third party, or Your violation of any applicable laws, rules or regulations. B2B Markets reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will fully cooperate with B2B Markets in asserting any available defenses. You agree to reimburse B2B Markets’ actual costs associated with any such defense.
- Arbitration
In the event, the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, B2B Markets shall be entitled to recover its costs and actual attorney's fees from You. The parties agree to arbitrate all disputes and claims in regard to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision, shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
- Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both You and B2B Markets agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.
- You Use The Site And Content At Your Own Risk
When using the Site, information is transmitted over a medium (the internet) which is beyond Our control and jurisdiction. Accordingly, We assume no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the site. We do not make warranties or representations regarding the security of the Site, the Content, or any Submissions. Data sent over the internet may be intercepted by third parties; if You are concerned about the security of Your data, You should not send it over the internet. You are responsible for maintaining the confidentiality of Your User ID and password that was assigned by Us, and You are responsible for all uses of them, regardless of whether the uses were authorized by You.
- Disclaimers
YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY HACKING, A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. THE LIMITATION OF LIABILITY CONTAINED HEREIN INCLUDES ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT B2B MARKETS IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
- Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. B2B Markets, INC. AND/OR ITS AFFILIATES OR PARTNERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
YOU AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS". “WITH ALL FAULTS” AND "AS AVAILABLE" BASIS. THE PROVIDER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE SITE ARE NONINFRINGING; THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITE WILL BE COMPLETE, ACCURATE OR TIMELY. IF YOU DOWNLOAD ANY CONTENT FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE PROVIDER OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND. THE PROVIDER DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE CONTENT ON THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.
IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES, SO THE ABOVE DISCLAIMER MAY, IN WHOLE OR IN PART, NOT APPLY TO YOU.
- Limitation Of Liability
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT NEITHER THE PROVIDER NOR ANY OF ITS AFFILIATES OR THIRD PARTY CONTENT OR TECHNOLOGY PROVIDERS SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES OR LOST PROFITS RELATING TO OR RESULTING FROM YOUR USE OF OR INABILITY TO USE THIS SITE OR ANY OTHER SITE YOU ACCESS THROUGH A LINK FROM THIS SITE OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF EMAIL MESSAGES YOU SEND US. THESE INCLUDE DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, YOUR LOSS OF PROFITS, LOSS OF DATA, UNAUTHORIZED ACCESS TO AND ALTERATION OF YOUR TRANSMISSIONS AND DATA, AND OTHER TANGIBLE AND INTANGIBLE LOSSES.
UNDER NO CIRCUMSTANCES WILL THE PROVIDER OR ANY OF ITS AFFILIATES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT IT RECEIVED FOR YOUR SUBSCRIPTION TO THIS SITE. IF THE DAMAGE RESULTED FROM A PARTICULAR TRANSACTION OUR LIABILITY TO YOU WILL BE LIMITED TO OUR NET INCOME RESULTING FROM THE TRANSACTION THAT IS THE SUBJECT OF THE DISPUTE. THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, AS THE RESULT OF NEGLIGENCE OR OTHERWISE ARISE OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS OR MATERIALS AVAILABLE FROM THIS SITE, AND EVEN IF WE OR OUR REPRESENTATIVES HAVE BEEN NEGLIGENT OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
- Indemnification
You agree to indemnify, defend and hold harmless The Provider, its affiliates and licensors and licensees, and its and their officers, directors, members, employees, contractors, other agents and customers from any loss, damage, payment, settlement, judgment or other expense (including reasonable attorneys’ fees and disbursements) arising out of or resulting from (I) any violation of these Terms of Use, (ii) any claim that You have violated any third-party right or that any material submitted by You caused harm or damage to a third party. If You cause a technical disruption of the site or the systems transmitting the site to You or others, You agree to be responsible for any and all loss, damage, payment, settlement, judgment, or other expense (including reasonable attorneys’ fees and disbursements) arising out of or resulting from that disruption.
You agree to indemnify, defend and hold harmless B2B Markets, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorney's fees) relating to or arising out of Your use of or inability to use the Site or services, any User postings made by You, Your violation of any terms of this Agreement or Your violation of any rights of a third party, or Your violation of any applicable laws, rules or regulations. B2B Markets reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will fully cooperate with B2B Markets in asserting any available defenses. You agree to reimburse B2B Markets’ actual costs associated with any such defense.
- Waiver And Severability
Our waiver of any term or condition set forth in these Terms and Conditions shall not be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and Our failure to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.
If any provision of these Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions will continue in full force and effect.
- Complete Agreement
Except as expressly provided in a particular “legal notice” on the Site, these Terms and Conditions and the Site’s then-current Privacy Notice, RFQ Terms and Conditions and Auction participation Terms and Conditions which are incorporated by reference and made a part hereof, constitute the entire agreement between You and the provider.
- Questions and Comments
If You have Site questions, comments, or concerns, please email [email protected]. Please include details of Your questions, comments or concerns and Your complete name and contact information.
- Jurisdiction
The Provider is organized under the laws of the State of California in the United States of America, and this site is operated in the United States. The laws of the State of California without reference to the principles of conflicts of law thereof, govern these Terms of Use and Your use of the site. We recognize that it is possible for You to obtain access to this site from any jurisdiction in the world, but We have no practical ability to prevent such access. This site has been designed to comply with the laws of the State of California and of the United States. If any material on this site, or Your use of the site, is contrary to the laws of the place where You are when You access it, the site is not intended for You, and We ask You not to use the site. You are responsible for informing Yourself of the laws of Your jurisdiction and complying with them.
- Changes To These Terms Of Use
We reserve the right, in Our sole & absolute discretion, to change these Terms and Conditions at any time by posting revised terms on the site. It is Your responsibility to check periodically for any changes We may make to these Terms of Use. Your continued use of this site following the posting of changes to these terms or other policies means You accept the changes.
- Miscellaneous
If any provision of this agreement is unlawful, void, or unenforceable, the remaining provisions of the agreement will remain in place. These Terms and Conditions constitute the entire agreement and understanding between You and the Provider with respect to use of the Web site and the contents thereof, superseding all prior or contemporaneous communications. A printed version of these Terms and Conditions shall be admissible in judicial or administrative proceedings based on or relating to use of the Web site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
- Contact Us
B2B Markets welcomes Your questions or comments regarding these Terms & conditions: