B3 Technology Solutions Terms of Use

Terms_of_Use

B3 Technology Solutions ("B3TECH") provides Managed Services to individuals, municipalities, educational institutions, financial institutions and general businesses.

Please read these Terms of Use carefully. The following are the terms of use for B3TECH.COM. By using this website, you accept these terms of use. These terms of use are not assignable by you to anyone else.

Copyright, Patent and Trademark Information

B3TECH, and the information which it contains, is the property of B3 Technology Solutions and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. By way of example only, and not as a limitation, B3TECH logos are registered trademarks of B3 Technology Solutions, under the applicable laws of the United States and/or other countries. Apple, the Apple logo and Mac are trademarks of Apple Inc., registered in the U.S. and other countries. App Store is a service mark of Apple Inc. Google Play is a trademark of Google Inc. Amazon Web Services, and the "Powered by Amazon Web Services" logo are trademarks of Amazon.com, Inc. or its affiliates in the United States and/or other countries. Other Software or service names or logos appearing on the web sites are either trademarks or registered trademarks of B3TECH, and/or their respective owners. The absence of a Software or service name or logo from this list does not constitute a waiver of B3TECH’s trademark or other intellectual property rights concerning that name or logo.

Responsibilities & Restrictions

B3TECH.COM is used by millions of people globally. The web site may only be used for lawful purposes and as accordingly, you agree to not misuse B3TECH.COM. When using the web site, you agree:

Not to upload, post, email or transmit otherwise any material that contains software viruses, trojan horses, worms, files or programs intended to interrupt, destroy, deface or limit the use, access or functionality of the Software.

Not to upload, post, email or transmit otherwise any material that is illegal, pornographic, abusive or obscene.

Not to upload, post, email or transmit otherwise any material that violates the privacy or intellectual property rights of others.

Not to "Reverse Engineer", change, modify, hack, translate, copy, distribute, pledge, assign, transfer, make derivative works, exploit, encumber or crack any portion of the Software.

B3TECH, in its sole discretion, may remove content and block user access to any content that it determines to be illegal, threatening, pornographic, abusive, obscene or in violation of another party's intellectual property.

Compliance with Laws; Monitoring

You agree to not use this web site as a means or in a manner that violates any local, state or federal laws in the United States as well as in your country of use.

Indemnification

You hereby agree to defend, indemnify and hold harmless B3TECH, its business partners, third-party suppliers, providers, licensors, officers, directors, employees, distributors and agents against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable attorneys' fees) in connection with any claim or action that (i) arises from any alleged breach of this Agreement, (ii) arises from the content or effects of any messages you distribute using the Software or (iii) otherwise arises from or relates to your use of the Software. In addition, you acknowledge and agree that B3TECH has the right to seek damages when you use the web site for unlawful purposes, in an unlawful manner, and/or in a manner inconsistent with the terms of this Agreement, and that such damages may include, without limitation, direct, indirect, special, incidental, cover, reliance and/or consequential damages.

Intellectual Property Rights in Your Content

You agree that you will not use this web site to upload or transmit any contact lists, communications or content of any type that infringe, misappropriate or violate any rights of any party. By submitting ideas, concepts, inventions or content to this website or using them in connection with this web site, you agree that such submission is non-confidential for all purposes. If you make any such submission, you agree that you will not send or transmit to B3TECH or to any third party, any communication or content that infringes or violates any rights of any party. If you submit any business information, ideas, concepts or inventions or content to B3TECH by email, you agree such submission is non-confidential for all purposes. If you make any submission to B3TECH or if you submit any business information, idea, concept or invention to B3TECH by email, you automatically grant or warrant that the owner of such content or intellectual property has expressly granted B3TECH a non-exclusive, royalty-free, perpetual, irrevocable, worldwide license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display such content in any manner.

Security Notification & Disclosure Policy

B3TECH takes extensive measures to protect and safeguard its internal infrastructure, Software, intellectual property, stakeholders and its customers.

In using this web site, you may provide information about yourself or your employer (such as name, contact information, or other registration information) to B3TECH. B3TECH may use this information and any technical information about your use of this web site to tailor its presentations to you, facilitate your movement through this web site or communicate separately with you. B3TECH will not provide your contact information to companies you have not authorized for that purpose unless required by law.

Please read our Privacy Policy. If you are a security researcher or security expert, please be advised that any notifications made to B3TECH by you, involving a purported security vulnerability of our web site and/or infrastructure will be investigated and acted upon swiftly for timely remediation. Please contact us at security@b3tech.com.

The unauthorized access to B3TECH’s systems, software and/or a user's device is prohibited. Furthermore, the threat of disclosing or actual disclosure of any purported weakness, security flaw or degradation of our web site or systems (which are proprietary and property of B3TECH) in a public forum - is prohibited.

If we determine that an entity or individual has attempted to reverse engineer, enter, infiltrate or breach our web site, infrastructure and/or a user's device (which could include a breach or weaknesses in an operating system created by or utilized by one of our strategic OEM partners), we will take swift action - either in the form of a lawsuit and/or a disclosure to appropriate local, state and federal law enforcement agencies.

If, however, your efforts were inadvertent and/or conducted in an internal setting (e.g. on a test device and not that of a B3TECH user) and such efforts and results were not subject to a contingent threat of public disclosure or actual public disclosure, we will not bring a lawsuit against you or report you to a local, state or federal law enforcement agency.

Warranty Disclaimer and Remedies

You agree to use this web site at your own risk. B3TECH does not warrant that B3TECH will be uninterrupted or error free nor does it make any warranty as to the results that may be obtained from its use. This web site is provided "as is" and B3TECH disclaims all warranties, express or implied, including without limitation, implied warranties of merchantability, fitness for a particular purpose and non-infringement.

Your sole and exclusive remedy for any failure or non-performance of this web site shall be for B3TECH to use commercially reasonable efforts to adjust or repair this web site. B3TECH regularly makes fixes, enhancements and upgrades to its web site(s) for the benefit of all customers.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT OR OTHERWISE, SHALL B3TECH OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, INFORMATION PROVIDERS, ACCOUNT PROVIDERS, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, DISTRIBUTORS OR AGENTS; BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF B3TECH SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.

IN THE EVENT THAT, NOTWITHSTANDING THE FOREGOING, B3TECH IS FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION [WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), SOFTWARE LIABILITY OR OTHERWISE], THE MAXIMUM AGGREGATE LIABILITY OF B3TECH TO YOU ARISING IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT $1, LESS ANY DAMAGES PREVIOUSLY PAID BY B3TECH TO YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.

Restricted Persons, Export of Software or Technical Data

You hereby warrant that you are not a "Restricted Person". For purposes of this Agreement, you are a "Restricted Person" if you or any officer, director, or controlling shareholder of the entity on behalf of which you are using this web site is (1) a national of or an entity existing under the laws of Iran, Sudan, Syria or any other country with which U.S. persons are prohibited from engaging in transactions, as may be determined from time to time by the U.S. Treasury Department; (2) designated as a Specially Designated National or institution of primary money laundering concern by the U.S. Treasury Department; (3) listed on the Denied Persons List or Terrorists List or Entity List by the U.S. Commerce Department; (4) engaged in nuclear, missile, chemical or biological weapons activities to which U.S. persons may not contribute without a U.S. Government license; or (5) owned, controlled, or acting on behalf of a Restricted Person. If you become a Restricted Person during the term of this Agreement, you shall notify B3TECH within twenty-four (24) hours, and B3TECH shall have the right to terminate any further obligations to you, effective immediately and with no further liability to you, but without prejudice to your outstanding obligations to B3TECH.

You agree that you shall not utilize this web site to conduct or facilitate any transaction with any Restricted Person, except as may be expressly authorized in advance in writing by the U.S. Government. You may not remove or export from the United States or allow the export or re-export of this web site, or any direct software thereof, including technical data, in violation of any restrictions, laws, or regulations of the United States or any other applicable country.

Links to Third-Party Websites

This web site permits links to non-B3TECH, third-party websites. These links are provided to you as a convenience, and B3TECH is not responsible for the content of any linked website. Any non-B3TECH website accessed from this website is independent from B3TECH, and B3TECH has no control over the content of that website. In addition, a link to any non-B3TECH website does not imply that Keeper Security endorses or accepts any responsibility for the content or use of such website.

No Implied Endorsements

In no event shall any reference to any third party or third-party Software or service be construed as an approval or endorsement by B3TECH of that third party or of any Software or service provided by a third party.

Copyrights

If you believe any materials accessible on or from B3TECH's website infringe your copyright, you may request removal of those materials from the website by contacting B3TECH's management and providing the following information:

1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.

2. Your name, address, telephone number and email address.

3. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.

4. A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.

5. A signature or the electronic equivalent from the copyright holder or authorized representative.

B3TECH management for copyright issues relating to this web site is as follows:

B3 Technology Solution.
Intellectual Property Administrator
1011 Main Street
Grinnell, IA 50112

(641) 236-9296 Tel
security@b3tech.com

Privacy Policy

B3TECH's Privacy Policy is located at https://www.b3tech.com/about-us/policies/privacy/. By using this web site, you accept and agree to all terms, provisions and conditions of our Privacy Policy.

Entire Agreement

If any provision of the Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force, in effect and enforceable.

Waivers, Severability, Modifications & Notifications

B3TECH and you agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties, supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in writing signed by both parties, except as otherwise provided herein. No delay or omission by either party in exercising any right or remedy under this Agreement or existing at law or equity shall be considered a waiver of such right or remedy. B3TECH reserves the right to modify this agreement at any time and will publish the most updated version on our website. Your continued use of this web site shall bind you under the modified and revised terms of use. B3TECH reserves the right to contact you by email to notify you of material events or important changes related to your account.

No Agency

No agency, partnership, joint venture or employment is created by your use of this web site. You do not have any authority of any kind to bind B3TECH in any respect whatsoever.

Governing Law, Venue & Jurisdiction

The Agreement shall be governed by the laws of the State of Iowa in the United States of America. Jurisdiction for any legal actions in connection with the Agreement shall be brought in the state or federal courts located in Grinnell, Iowa in Poweshiek County.

Additional Information

If you have any questions about the use of B3TECH’s web site or these Terms of Use, please contact us at support@b3tech.com or by mail at: B3 Technology Solutions, 1011 Main Street, Grinnell, IA 50112.