Thank you for choosing B2B SOFT Point of Sale Software and Services.
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 “EULA” or “AGREEMENT”) ARE GOVERNED BY SUCH EULA. IN THE EVENT OF A CONFLICT BETWEEN THESE TERMS AND THE EULA, THE EULA 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.
Site Rules of Conduct
In addition to any prohibitions set forth in the EULA, 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.
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 EULA, THE DISCLAIMER OF WARRANTIES AND OTHER RELEVANT TERMS SET FORTH IN SUCH EULA 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 EULA, THE LIMITATIONS ON LIABILITY SET FORTH IN SUCH EULA 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