B3 INSIGHT WEBSITE TERMS OF USE

Last modified: September 2020

B3 INSIGHT (“THE COMPANY”, “WE”, “OUR”, OR “US”) PROVIDES WWW.B3INSIGHT.COM TO USERS SUBJECT TO THESE WEBSITE TERMS OF USE. THESE TERMS AND CONDITIONS (THE “TERMS”) ARE A LEGAL CONTRACT BETWEEN YOU AND THE COMPANY. THE TERMS EXPLAIN HOW YOU ARE PERMITTED TO USE THE WEBSITE LOCATED AT THE URL: WWW.B3INSIGHT.COM AS WELL AS ALL ASSOCIATED SITES LINKED TO WWW.B3INSIGHT.COM BY THE COMPANY, ITS SUBSIDIARIES AND AFFILIATED COMPANIES (COLLECTIVELY, THE “SITE”). UNLESS OTHERWISE SPECIFICED, ALL REFERENCES TO “SITE” INCLUDE ANY SOFTWARE THAT THE COMPANY PROVIDES TO YOU THAT ALLOWS YOU TO ACCESS THE SITE FROM A MOBILE DEVICE. BY USING THIS SITE, YOU ARE AGREEING TO ALL THE TERMS. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION CONTAINED ON THIS SITE.

Changes

The Company may make changes to the content offered on the Site at any time. The Company can change, update, or add or remove provisions of these Terms, at any time by posting the updated Terms on this Site. By using this Site after The Company has updated the Terms, you are agreeing to all the updated Terms; if you do not agree with any of the updated Terms, you must stop using the Site.

General Use.

By using this Site, you represent, acknowledge and agree that you are at least 18 years of age, or if you are under 18 years of age but are at least 13 years old (a “Minor”), that you are using the Site with the consent of your parent or legal guardian and that you have received your parent’s or legal guardian’s permission to use the Site and agree to its Terms. If you are a parent or legal guardian of a Minor, you hereby agree to bind the Minor to these Terms and to fully indemnify and hold harmless the Company if the Minor breaches any of these Terms. If you are not at least 13 years old, you may not use the Site at any time or in any manner or submit any information to the Company or the Site.

The Company provides content through the Site that is copyrighted and/or trademarked work of the Company or the Company’s third-party licensors and suppliers or other users of the Site (collectively, the “Materials”). Materials may include logos, graphics, video, images, software and other content.

Subject to the terms and conditions of these Terms, and your compliance with these Terms, the Company hereby grants you a limited, personal, non-exclusive and non-transferable license to use and to display the Materials and to use this Site solely for your personal use. Except for the foregoing license, you have no other rights in the Site or any Materials and you may not modify, edit, copy, reproduce, distribute, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Site or Materials in any manner. If you breach any of these Terms, the above license will terminate automatically, and you must immediately destroy any downloaded or printed Materials.

Privacy Policy

Please review the Company Privacy Policy (the “Privacy Policy”) which explains how we use information that you submit to the Company.

Restrictions and Unauthorized Activities

You may not use, or encourage, promote, faciliate or instruct others to use, the Site and Services for any illegal, unlawful, harmful, or offensive use, or to create, transmit, store, display, or distribute or otherwise make available content that is illegal, unlawful, harmful, or offensive. Examples of prohibited activities and content include:

  • Illegal activities including advertising, transmitting, or otherwise making available gambling sites or services or storing, disseminating, promoting, or facilitating child pornography.
  • Harmful or fraudulent activities including activities that may be harmful to others or to B3 Insight’s operations or reputation, such as offering or disseminating speculative or fraudulent goods, services, schemes, or promotions, engaging in any deceptive practices, or engaging in practices that pose or create a privacy or security risk to any person.
  • Infringing content any use of content other than as authorized or in a manner that misappropriates the intellectual property or proprietary rights of others.
  • Offensive content including content in any format that is defamatory, obscene, abusive, invasive of privacy, pornographic, gratuitously violent, or otherwise objectionable within the context and intended use of the Sites and Services.
  • Harmful content including any content or technology, such as viruses, Trojan horses, worms, time bombs, and cancelbots, that may damage, interfere with, modify, intercept, or expropriate any system, program, or data.
  • Unsolicited or unlawful mailings including transmitting or distributing “junk mail,” “chain letters,” “SPAM,” or other forms of unsolicited mail or instant messages or attempting to solicit personal information from anyone under the age of 18.
  • Content that discloses personal data including any content, in any format, posted to forums; comments; templates, workflows, use cases, or examples on the Site, or any other sharing of content using the Site or Services that discloses the identifying information of others.
  • Alter the opinions or comments posted by others on this Site.

This list of prohibitions provides examples and is not complete or exclusive. The Company reserves the right to terminate access to your account, your ability to post to this Site with or without cause and with or without notice, for any reason or no reason, or for any action that the Company determines is inappropriate or disruptive to this Site or to any other user of this Site. The Company may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at the Company’s discretion, the Company will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Site or on the Internet.

Trademarks

User may use any B3 trademarks, including ‘B3’ and ‘B3 Data, Insight, or Outcomes,’ without B3’s prior express written permission.

Copyright Infringement

The Company respects the intellectual property rights of others, and we ask you to do the same. The Company may, in appropriate circumstances and at our discretion, terminate service and/or access to this Site for users who infringe the intellectual property rights of others. If you believe that work belonging to you has been made available on the Site without your permission, please notify B3 Insight in writing to:

  • B3 Insight 518 17th St Suite 1400, Denver, CO 80202

In accordance with the Digital Millennium Copyright Act, your written notification must include:

  • Your physical or electronic signature, or that of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on a single site are covered by a single notification, a representative list of such works at that site.
  • Identification of the material that is claimed to be infringing or the subject of infringing activity and for which removal or disabled access is requested, together with information reasonably sufficient to permit B3 Insight to locate the material.
  • Information reasonably sufficient to permit B3 Insight to contact you or the complaining party, such as an address, telephone number, and, if available, an email address, at which you or the complaining party may be contacted.
  • A statement that you or the complaining party has a good faith belief that use of the material in the manner described in the notification is not authorized by you or the copyright owner, its agent, or the law; and
  • A statement that the information provided in the notification is accurate and, under penalty of perjury, that you or the complaining party is authorized to act as or on behalf of the owner of an exclusive right that is allegedly infringed.

Disclaimers of Warranties and Limitation of Liability

YOUR USE OF THE SITE AND SERVICES (INCLUDING ANY CONTENT OR WORKFLOW) IS AT YOUR OWN RISK. THE SITE, SERVICES, DATA, INFORMATION, CONTENT, MATERIALS, PRODUCTS, AND ANY SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE AND SERVICES (INCLUDING ANY WORKFLOWS), ARE PROVIDED BY B3 INSIGHT ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, B3 INSIGHT DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OR COMPLETENESS OF RESPONSES, RESULTS, REASONABLE CARE OR WORKMANLIKE EFFORT, LACK OF NEGLIGENCE, AND/OR LACK OF VIRUSES, ALL WITH REGARD TO THE SITE AND SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY CONTENT OR WORKFLOWS. FURTHER, B3 INSIGHT MAKES NO WARRANTY THAT CONTENT OR WORKFLOWS PUBLISHED TO THE SERVICES WILL OPERATE PROPERLY AS INTEGRATED WITH YOUR WORKFLOWS OR PROVIDE ANY PARTICULAR RESULTS. B3 INSIGHT DOES NOT WARRANT THAT THE SITE, SERVICES, DATA, INFORMATION, CONTENT, OR MATERIALS (INCLUDING ANY WORKFLOWS) MADE AVAILABLE TO YOU THROUGH THE SITE AND SERVICES, B3 INSIGHT’S SERVERS, OR E-MAIL SENT FROM B3 INSIGHT ARE FREE OF VIRUSES OR OTHER HARMFUL CODE.

B3 INSIGHT AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS SHALL HAVE NO LIABILITY (INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES) FOR ANY WORKFLOWS OR CONTENT PUBLISHED BY ANY PARTY ON THE SITE OR SERVICES, OR DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF B3 INSIGHT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) USE OR INABILITY TO USE THE SITE OR SERVICES; (ii) COST OF PROCURING SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY CONTENT, DATA, INFORMATION, OR SERVICES OBTAINED, MESSAGES RECEIVED, OR TRANSACTIONS ENTERED INTO, FROM, OR AS A RESULT OF THE SITE OR SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR SERVICES; OR (v) ANY OTHER MATTER RELATING TO THE SITE AND SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE AND THE SERVICES IS AT YOUR SOLE RISK.

CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL LEGAL RIGHTS. THIS SECTION FAIRLY ALLOCATES THE RISKS BETWEEN THE PARTIES AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES AND SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF THE AGREEMENT OR ANY LIMITED REMEDY HEREUNDER.

Feedback

Any ideas, feedback, suggestions, corrections, alterations, improvements, additional data points, requests, questions, comments, results of any test or evaluation and the like provided by User to B3 (“Feedback”), including any enhancement, improvements or new features to same, will be the property of B3 Insight. User hereby assigns and agrees to assign to B3 all right, title and interest worldwide in and to the Feedback and the related intellectual property rights and agrees to assist B3 in securing and perfecting such rights. User may use Feedback solely for its own Internal Use. B3 may use information provided by User to B3 directly or indirectly, in accordance with B3’s privacy policy and B3 may collect, develop, create, extract, or otherwise generate statistics and other information and otherwise analyze User’s use of the Site (“Blind Data”). Blind Data will be owned solely by B3 and may be used for any lawful business purpose without a duty of accounting to User, provided that such Blind Data does not identify User.

Local Laws and Export Control.

The Company controls and operates this Site from its headquarters in the United States of America and the Materials may not be appropriate or available for use in other locations. If you use this Site outside the United States of America, you are responsible for following applicable local laws. The laws of the State of Colorado, excluding its conflict-of-law rules, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that may arise between you and B3 Insight. Users agree to submit to the non-exclusive jurisdiction of, and agree that venue is proper in, state courts in the City and County of Denver, Colorado or the U.S. District Court for the District of Colorado (if federal subject matter jurisdiction applies), in any legal proceeding arising out of, based on or relating to the Terms.

General Provisions

If any provision of the Terms, or the application of such provision, is held invalid by a court of competent jurisdiction, the remainder of the Terms shall not be affected and any invalid or unenforceable portions shall be construed in a manner that most closely reflects the effect and intent of the original language and is valid and enforceable.

Contact Us.

If you have any questions about these Terms or otherwise need to contact THE COMPANY for any reason, you can reach us at support@b3insight.com or (303) 309-4078.

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