Terms of Use

Thank you for choosing B2B SOFT Point of Sale Software and Services.

TO THE EXTENT THAT YOUR USE OF THE B2B SOFT WEBSITE, LOCATED AT www.b2bsoft.com AND ITS SUBDOMAINS (the “Website”), IS NOT GOVERNED BY A MERCHANT USER LICENSE AGREEMENT, IT IS GOVERNED BY THESE TERMS OF USE.  BY USING THIS WEBSITE YOU CONFIRM THAT YOU HAVE READ, UNDERSTAND AND AGREE TO COMPLY WITH OUR TERMS OF USE AND THE ENTIRE PRIVACY POLICY STATEMENT. TOGETHER, THESE DOCUMENTS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE PARTIES IN CONNECTION WITH THE USE OF THIS WEBSITE.  THESE TERMS OF USE MAY BE UPDATED FROM TIME TO TIME, SO PLEASE CHECK THESE TERMS OF USE EACH TIME YOU ACCESS THE SITE.

PLEASE NOTE THAT THE TERMS OF YOUR SPECIFIC USE AND ANY “CONTENT” OR OTHER SOFTWARE OR SERVICE AS DEFINED IN THE MERCHANT USER LICENSE AGREEMENT YOU ENTERED INTO WITH B2B SOFT (THE “MULA” or “AGREEMENT”) ARE GOVERNED BY SUCH MULA.  IN THE EVENT OF A CONFLICT BETWEEN THESE TERMS AND THE MULA, THE MULA SHALL GOVERN.

The term “Software” shall mean the software provided to you, the merchant (“you” or “Licensee”), by BTB Soft Inc.  d/b/a B2B SOFT (“B2B SOFT”, “we”, “us” or “our”) under any license Agreement, as well as any other programs, apps, tools, internet-based services, plug-ins, components and any “updates” (for example, Software maintenance, service information, help content, bug fixes, patches or maintenance releases etc.) or “upgrades” of the Software that B2B SOFT provides or makes available to you after the date you obtained your initial copy of the Software.  “Software” will also include any enterprise, cloud, or back end software and any database or user interface accessed through this Website.

Website Content

All content at this Website, including but not limited to, images, graphics, text, source and object code, and similar materials, as well as their selection, display, and arrangement (collectively or individually referred to as the “Website Content”) is the property of B2B SOFT, its subsidiaries, affiliated companies, or licensees.  You agree that you will not download, copy, distribute, transmit or modify any Website Content for any purpose other than for non-commercial personal use, or otherwise for commercial use that is authorized by B2B SOFT in writing.  Furthermore, nothing in these Terms of Use grants you any license in or rights to, any copyrights, trademarks, patents, trade secrets, know-how, or other proprietary rights owned or used by B2B SOFT or third parties.  Apart from the material governed by our Privacy Policy, any content or information that you might transmit or provide to us over this Website irrevocably shall become the property of B2B SOFT, and may be used by us for any purpose, and without limitation or liability.

Site Rules of Conduct

In addition to any prohibitions set forth in the MULA, You shall not use, nor shall you permit others to use the Website:

(i) for any unlawful, invasive, infringing, defamatory, fraudulent or obscene purpose or in any way transmit content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable;

(ii) to upload send any virus, worm, trojan horse or harmful code or attachment;

(iii) to alter, steal, corrupt, evade, disable, destroy, trespass or violate any security or encryption of any computer file, database or network;

(iv) to interfere with the use of the B2B SOFT or connectivity partner network by other person or authorized users;

(v) in violation of the acceptable use policies of B2B SOFT service providers, including its backbone providers.

Furthermore, you agree that you will not:

(vi) use a robot, spider or other process, software, system or device to hack, procure, mine, or extract any data from the Website, including, but not limited to user information, email addresses, and Website activity, or

(vii) frame or In-line Link any Website Content or portion of this Website without our express written authorization.

No Endorsement

We do not endorse, and are not responsible for any goods or services offered (or any content or information provided) at websites of third parties that advertise at our Website, or to whose sites we otherwise provide links.

The Services and Website are Provided “As Is”

B2B SOFT cannot and does not guarantee or warrant that the Website Content, or any files or links available or accessible at the Website will be free of errors, viruses, worms, Trojan horses or other code that may contaminate, track, damage, or compromise your hardware or software.  The Website Content may further have factual inaccuracies, omissions, or typographical errors that we may correct from time to time as they come to our attention, but you agree and acknowledge that we will not be liable for any such inaccuracies, errors or omissions.

ALL CONTENT AT THE WEBSITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. B2B SOFT DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, AND DOES NOT WARRANT THAT THE SITE WILL FUNCTION UNINTERRUPTED OR ERROR-FREE, OR THAT THIS WEBSITE, ANY LINKS FROM OR TO THE SITE, OR THE SERVERS USED IN CONNECTION WITH IT ARE FREE OF VIRUSES OR OTHER HARMFUL MECHANISMS OR PROGRAMS.

B2B SOFT FURTHER DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING DIRECT OR INDIRECT USE OF CONTENT OR INFORMATION ON THE SITE, OR ITS ACCURACY OR RELIABILITY.  B2B SOFT MAKES NO WARRANTIES THAT YOUR USE OF SUCH CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS.

IF YOU HAVE ENTERED INTO A MULA, THE DISCLAIMER OF WARRANTIES AND OTHER RELEVANT TERMS SET FORTH IN SUCH MULA WILL GOVERN, AS MAY BE APPLICABLE.  Furthermore, you are solely responsible for any person(s) accessing the Website using your login and password information.  B2B SOFT shall have no responsibility in such regard.

Limitations Of Liability

YOU AGREE AND ACKNOWLEDGE THAT B2B SOFT, ALONG WITH ITS AFFILIATED COMPANIES, LICENSORS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, IN CONNECTION THE INFORMATION AND CONTENT AT THIS WEBSITE, AND THE OPERATION (OR FAILURE TO OPERATE) OF THIS WEBSITE INCLUDING, BUT NOT LIMITED TO LOST PROFITS, LOST INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF B2B SOFT HAS BEEN MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.  APART FROM WILLFUL AND MALICIOUS TORTIOUS ACTS, YOU AGREE THAT THE COLLECTIVE LIABILITY OF B2B SOFT(AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS) TO ANY PARTY SHALL NOT EXCEED $50 FOR ANY CLAIM ARISING OUT OF YOUR, OR OTHERS’, USE OF THIS WEBSITE, INCLUDING CLAIMS ARISING FROM LINKS TO OR FROM THIS WEBSITE.  IF YOU HAVE ENTERED INTO A MULA, THE LIMITATIONS ON LIABILITY SET FORTH IN SUCH MULA WILL GOVERN, AS MAY BE APPLICABLE.

Some jurisdictions do not allow limitations of liability, so the foregoing paragraph may not apply to you.

Contract and Claim Enforcement and Severability

If any provision of these Terms of Use or the Privacy Policy is held to be invalid or unlawful, it shall be deemed severed from the remainder of the Terms of Use, which shall continue in full force and effect.

Governing Law

This Terms of Use Agreement and all rights and obligations hereunder will be governed by and construed in accordance with the laws of the State of New York, without regard to conflicts of laws principles, and the exclusive venue for any dispute arising out of use of this Website shall be a court of competent jurisdiction in the State of New York, located in New York County.  AGAIN, IF YOU HAVE ENTERED INTO A MULA, THE DISPUTE RESOLUTION MECHANISMS OF SUCH MULA WILL GOVERN, AS MAY BE APPLICABLE.

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