TERMS AND CONDITIONS OF USE

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE

The materials on this website (the "Site") are provided by B Lab Company (“B Lab”) as a service for its Global Partners and may be used for personal and / or informational purposes only. When you access, browse or use this Site you accept, without limitation or qualification, the terms and conditions set forth below and any additional terms and conditions of use set forth in any sub-site. IF YOU DO NOT AGREE TO THEM, DO NOT USE THIS SITE OR DOWNLOAD MATERIALS FROM IT. Please note that when you enter any sub-site accessible through this homepage or any other page, such sub-site may have its own terms and conditions of use, which is specific to such sub-site. Notwithstanding the foregoing, a legally binding non-disclosure agreement between you and B Lab shall supersede these Terms and Conditions of Use to the extent your use of B Lab secure portals is within scope of such non-disclosure agreement.

Terms for Use of this Site and Its Contents

This Site is only for your personal use. You may not distribute, exchange, modify, sell or transmit any materials you copy from this Site, including but not limited to any software, text, images, audio and video ("Materials"), for any business, commercial or public purpose. All Materials on this Site are copyrighted and are protected by worldwide copyright laws and treaty provisions. Any unauthorized use of the Materials may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.

As long as you comply with the terms of these Terms and Conditions of Use, B Lab grants you a non-exclusive, non-transferable, limited right to enter, display and use this Site. This is a license, not a transfer of title, and is subject to the following restrictions: you may not: (a) modify the Materials or use them for any commercial purpose, or any public display, performance, sale or rental; (b) decompile, reverse engineer, or disassemble software Materials except and only to the extent permitted by applicable law; (c) remove any copyright or other proprietary notices from the Materials; (d) transfer the Materials to another person; and (e) interrupt or attempt to interrupt the operation of this Site in any way. The Materials may not be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any way, without B Lab's prior written permission. B Lab may terminate this license at any time if you are in breach of the terms of these Terms and Conditions of Use. Upon termination, you will immediately destroy the Materials.

There are a number of proprietary logos, service marks and trademarks found on this Site. By making them available on this Site, B Lab is not granting you any license to utilize those proprietary logos, service marks, or trademarks. Except as expressly provided herein, B Lab and its suppliers do not grant any express or implied right to you under any patents, copyrights, trademarks, or trade secret information. Other rights may be granted to you by B Lab in writing or incorporated elsewhere in the Materials.

 Materials and Communications sent to B Lab

Any material, information or other communication you transmit or post to this Site will be considered non-confidential and non-proprietary ("Communications"). Thus, you give up any claim that any use of such material violates any of your rights including moral rights, privacy rights, proprietary or other property rights, publicity rights, rights to credit for material or ideas, or any other right, including the right to approve the way B Lab uses such material. B Lab will have no obligations with respect to the Communications. B Lab and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law.

Any material submitted to this Site may be adapted, broadcast, changed, copied, disclosed, licensed, performed, posted, published, sold, transmitted or used by B Lab anywhere in the world, in any medium, forever. Furthermore, B Lab is free to use, without any compensation to you, any concepts, ideas, know-how or techniques contained in any communication you send to the Site for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information. However, you agree and understand that B Lab is not obligated to use any such ideas or materials and you have no rights to compel such use.

Transmitted Material

Internet transmissions are never completely private or secure. You understand that any message or information you send to this Site may be read or intercepted by others unless there is a special notice that a particular message (for example, credit card information) is encrypted (sent in code). Sending a message to B Lab does not cause B Lab to have any special responsibility to you.

 Links

This Site may contain links to other Internet sites on the World Wide Web. B Lab provides such links for your convenience only, and is not responsible for the content of any site linked to or from this Site. Links from this Site to any other site do not mean that B Lab approves of, endorses or recommends that site. B Lab reserves the right to terminate any link or linking program at any time. B Lab disclaims all warranties, express or implied, as to the accuracy, legality, reliability or validity of any content on any other site. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.

 Performance Information

Performance tests and ratings of B Lab products as presented on this Site are measured using specific computer systems and/or components and reflect the approximate performance of B Lab products as measured by those tests. Any difference in system hardware or software design or configuration may affect actual performance. Buyers should consult other sources of information to evaluate the performance of systems or components they are considering purchasing.

 Contests

This Site may contain contests that require you to send in material or information about yourself or offer prizes. Each contest has its own rules, which you must read and agree to before you may enter.

Rules for Kids (Under Age 16)

If you are under 16, you should ask your parents or a guardian before you:

• E-mail the Site, or ask us to e-mail anything to you;

• Send in any information;

• Enter any contest or game that requires information about you or offers a prize;

• Buy anything online.

Availability of Products and Services

The products and services displayed on the Site may not be available for purchase in your particular country or locality. The reference to such products and services on the Site does not imply or warrant that these products or services will be available at any time in your particular location. You should check with your local B Lab authorized representative for the availability of specific products and services in your area.

 Online pricing, specifications and availability

Prices, specifications and availability of products sold on B Lab.com are subject to change without notice. B Lab is not liable for any typographical, photographic or specification error in product, pricing or offers which are all subject to correction.

 Disclaimer

THE MATERIALS ON THIS SITE ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL B Lab OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS, EVEN IF B Lab HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. B Lab and its suppliers further do not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within these materials. B Lab may make changes to these materials, or to the products described therein, at any time without notice. B Lab makes no commitment to update the Materials.

Indemnification

You agree to indemnify, defend and hold B Lab and all of its agents, directors, officers, employees, information providers, licensors and licensees, affiliates and subsidiaries, (collectively, "Indemnified Parties") harmless from and against any and all liability and costs (including, without limitation, attorneys' fees and costs), incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms and Conditions of Use. You will cooperate as fully as reasonably required in B Lab's defense of any claim. B Lab reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of B Lab.

Use of Personally Identifiable Information

Information submitted to B Lab through forms on the website are subject to B Lab's Internet Privacy Policy found [INSERT LINK].  . 

B Lab's Right to Change These Terms and Conditions of Use or Content on the Site

B Lab may add to, change or remove any part of these Terms and Conditions of Use at any time, without notice. Any changes to these Terms and Conditions of Use or any terms posted on this Site apply as soon as they are posted. By continuing to use this Site after any changes are posted, you are indicating your acceptance of those changes. B Lab may add, change, discontinue, remove or suspend any other Materials posted on this Site, including features and specifications of products described or depicted on the Site, temporarily or permanently, at any time, without notice and without liability. 

General Terms

This site is controlled by B Lab from its offices within the United States of America. B Lab makes no representation that Materials in the site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Materials in violation of U.S. export laws and regulations. Any claim relating to the Materials shall be governed by the internal substantive laws of the Commonwealth of Pennsylvania, United States of America. Any cause of action you may have with respect to your use of this Site must be commenced within (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of these Terms and Conditions of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this agreement, and the remainder of these Terms and Conditions of Use shall continue in full force and effect.

Copyright Infringement – Digital Millennium Copyright Act Notice & Procedure

B Lab has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (http://lcweb.loc.gov/copyright/legislation/dmca.pdf). It is B Lab’s policy to (a) block access to or remove content that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of its affiliates, content providers, or users; and (b) remove and discontinue service to repeat offenders.

If you believe that content residing on or accessible through our web site infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:

• A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;

• Identification of works or materials being infringed;

• Identification of the content that is claimed to be infringing including information regarding the location of the content that the copyright owner seeks to have removed, with sufficient detail so that Thinkific is capable of finding and verifying its existence;

• Contact information about the notifier including address, telephone number and, if available, e-mail address;

• A statement that the notifier has a good faith belief that the content is not authorized by the copyright owner, its agent, or the law; and

• A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.

It is B Lab’s policy to notify the content provider or user that an infringement notification has been received and that the content will be removed at the end of 24 hours unless a counter-notice is supplied to B Lab. If no legitimate counter-notice is supplied, the infringing content will be removed from the system.

If the content provider, or user believes that the content that was removed or to which access was disabled is either not infringing, or the content provider or user believes that it has the right to post and use such content from the copyright owner, the copyright owner’s agent, or pursuant to the law, the content provider or user must send a counter-notice containing the following information to B Lab’s Support Team listed below:

• A physical or electronic signature of the content provider or user;

• Identification of the content that is claimed to be infringing

• A statement that the content provider or user has a good faith belief that the infringement notification was received as a result of mistake or a misidentification of the content; and

• Content provider’s or user’s name, address, telephone number, and, if available, e-mail address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s or user’s address is located, or if the content provider’s or user’s address is located outside the United States, for any judicial district in which B Lab is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by B Lab’s Support Team, B Lab will restore access to the content and notify the original complaining party. The content will then remain published unless the copyright owner files an action seeking a court order against the content provider or user.

Please contact B Lab’s Support Team to Receive Notification of Claimed Infringement at the following address:

Name: B Lab Company, Attn: Copyright Infringement

Email:  [email protected]

Address: 15 Waterloo Avenue, Berwyn, PA 19312

Telephone:  (610)293-0299