These Terms may be changed from time to time and without further notice. Your continued use of the Site after any such changes constitutes your acceptance of the Terms. If you do not agree to abide by these or any future Terms, do not use the Site, email or download materials from it.
B9Creations, LLC (“B9C”) may terminate, change, suspend or discontinue any aspect of the Site, including the availability of any features, at any time. B9C may remove, modify or otherwise change any content, including that of third parties, on or from this Site. B9C may impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability. B9C may terminate your use of the Site at any time in its sole discretion.
These terms apply exclusively to your access to and use of the Site and do not alter the terms or conditions of any other agreement you may have with B9C, its subsidiaries, or affiliates.
You acknowledge and agree that B9C may use the data collected in the course of our relationship for its private use.
2. Electronic Communications.
When you visit the B9C Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the B9C Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
3. Intellectual Property.
3.1. Copyright. All content included on the B9C Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of B9C or its content suppliers and protected by United States and international copyright laws. The compilation of all content on the B9C Site is the exclusive property of B9C and protected by U.S. and international copyright laws. All software used on the B9C Site is the property of B9C or its software suppliers and protected by United States and international copyright laws.
3.2. Trademarks. “B9Creations”, “B9Creator”, and other B9C graphics, logos, trade names, and service names are trademarks, of B9C in the U.S. and/or other countries. B9C’s trademarks and trade dress may not be used in connection with any product or service that is not B9C’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits B9C. All other trademarks not owned by B9C that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by B9C.
3.3. Patents. One or more patents or patents pending owned by B9C or its affiliates may apply to the B9C Site and to the features, products, and services accessible via the B9C Site. Portions of the B9C Site may operate under license of one or more patents.
4. License and Site Access.
4.1. License and limitations. B9C grants you a limited license to access and make personal use of the B9C Site. You may not to download (other than page caching) or modify it, or any portion of it, except with express written consent of B9C. This license does not include any resale or commercial use of the B9C Site or its contents; any derivative use of the B9C Site or its contents; any downloading or copying of account information; or any use of data mining, robots, or similar data gathering and extraction tools. Unless otherwise specified by B9C in a separate license, your right to use any software, data, documentation or other materials that you access or download through the B9C Site is subject to these Terms.
The B9C Site or any portion of the B9C Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of B9C. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of B9C without express written consent. You may not use any meta tags or any other “hidden text” utilizing B9C’s name or trademarks without the express written consent of B9C. Any unauthorized use terminates the permission or license granted by B9C.
4.2. Link Creation. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the B9C Site, so long as the link does not portray B9C, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any B9C logo or other proprietary graphic or trademark as part of the link without express written permission.
5. Disclaimers and Limitations of Liability.
THE B9C SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY B9C ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN THE AGREEMENT. B9C MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE B9C SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, B9C DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. B9C DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE B9C SITE; ITS SERVERS; OR E-MAIL SENT FROM B9C ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. B9C WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE B9C SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE B9C SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN THE AGREEMENT. CERTAIN STATE LAWS 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 MIGHT HAVE ADDITIONAL RIGHTS.
6. Governing Law.
You agree that the laws of the state of South Dakota, without regard to principles of conflict of laws, will govern these Site Terms and any dispute of any sort that might arise between you and B9C.
Any dispute relating in any way to these Terms will be adjudicated in a court of competent jurisdiction in South Dakota. You consent to exclusive jurisdiction and venue in such courts. We may seek injunctive or other relief in any state, federal, or national court of competent jurisdiction for any actual or alleged infringement of our, our affiliates, or any third-party’s intellectual property or other proprietary rights.
8. Modification and Severability.
8.1. Modification. We reserve the right to make changes to the B9C Site and these Terms at any time. The modified Terms will become effective upon posting on the B9C Site or, if we notify you by email, as stated in the email message. By continuing to use the Site after the effective date of any modifications to this Agreement, you agree to be bound by the modified terms. It is your responsibility to check the B9C Site regularly for modifications to these Terms.
8.2. Severability. If any portion of these Terms is held to be invalid or unenforceable, the remaining portions of these Terms will remain in full force and effect. Any invalid or unenforceable portions will be interpreted to effect and intent of the original portion. If such construction is not possible, the invalid or unenforceable portion will be severed from these Terms but the rest of these Terms will remain in full force and effect.