Terms of Use

IMPORTANT: PLEASE READ THESE TERMS CAREFULLY. These Terms of Use (“TOU”), along with any posted rules or instructions, constitute the entire agreement between you and us regarding your use of The B3 Method Institute’s website. YOUR USE OF THE WEBSITE CONSTITUTES ACCEPTANCE OF THESE TOU.

The website content is owned by The B3 Method Institute with a mailing address of 7723 Tylers Place Blvd, #217, West Chester, OH 45069, (which may be referred to herein as “we,” or “us”).

We may change any of the terms contained in the TOU at any time by posting the revised TOU on this website. If we revise the TOU, such revision shall be effective thirty (30) days after posting the new TOU on this site. You are responsible for periodically reviewing changes to this TOU, which you can do by clicking on the “Terms of Use” or similar link. You agree that your continued use of the website following any changes to this TOU and after the changes take effect will constitute your acceptance of such changes. If you do not agree to any changes we make to the TOU, your only remedy is to discontinue your use of the website.

The B3 Method Institute website content is provided on an “AS IS” AND “AS AVAILABLE” BASIS. We reserve the right to modify, suspend or discontinue the website with or without notice at any time, for any reason, and without any liability. PLEASE SEE OTHER DISCLAIMERS BELOW.

When you complete the registration process through The B3 Method Institute website, you create an account. Your account allows you to participate in certain activities on the website. To create an account, you must select a login name and password. You may not use a login name that is used by someone else, and your login name cannot be vulgar, or otherwise offensive, or be used in any way that violates the TOU. You may not provide false information during the registration process. You must provide truthful and accurate information in creating your account. You are solely responsible for all activity on your account and for the security of your login name, password, computer system and/or related system. You may not reveal your password to other users. You agree to indemnify and hold us harmless for any improper or illegal use of your account. This includes illegal or improper use by someone to whom you have given permission to use your account. Your account is at risk if you let someone use it inappropriately and your account is subject to termination if you or anyone using your account violates the TOU.

We disclaim any responsibility for and/or ownership of files or data uploaded by you or other users to our website. By uploading files or other data, you are assuming full responsibility for the consequences of doing so.

You give your consent for us to provide you with required notices, benefits and account information through electronic disclosure via email and postings on our website, or at the email address(es) you provide to us at the time of sign up or thereafter.

You understand and agree that the cancellation of your account is your sole right and remedy with respect to any dispute with us regarding your use of our website. This includes without limitation any dispute related to or arising out of: (1) any terms of this TOU; (2) our enforcement or application of this TOU; (3) the content available through The B3 Method Institute website or any change in such content; or (3) your ability to access and/or use The B3 Method Institute website.

INTELLECTUAL PROPERTY RIGHTS/LICENSE

The B3 Method Institute website is controlled and operated by us. The website and all materials accessible through the website, including without limitation code, images, text, illustrations, logos, audio and video files (collectively "Intellectual Property"), are protected by copyrights, trademarks, service marks and/or other proprietary rights which are owned by or licensed to us. The compilation (meaning the collection, arrangement, and assembly) of all materials on The B3 Method Institute website is our exclusive property and is protected by U.S. laws, foreign laws and international copyright treaties. Material from The B3 Method Institute website may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way. Use or modification of our Intellectual Property in any form, including but not limited to use on any other website or networked computer environment, without our express written authorization is a violation of our rights and is strictly prohibited. If you do make a copy of any content in The B3 Method Institute website you must include the above copyright notice on that copy.

The B3 Method Institute website contains content (ex. documents, products, descriptions of products, services or technologies) owned by The B3 Method Institute and may contain content owned by third parties. Except as expressly set forth in this TOU, nothing contained in these TOU shall be construed as The B3 Method Institute granting to the user a license under any copyright, trademark, patent or other intellectual property right of ours or any third party. Except as expressly granted under this TOU, all rights are reserved by The B3 Method Institute.

ACCEPTABLE USE POLICY

You agree that you will use The B3 Method Institute website in compliance with all applicable laws and regulations and this TOU. The B3 Method Institute assumes no responsibility for third party content, nor does The B3 Method Institute have any obligation to monitor such third party content. Nonetheless, The B3 Method Institute reserves the right to monitor third party content at any time for any reason. Further, The B3 Method Institute reserves the right to remove objectionable or personally identifiable information.

The B3 Method Institute reserves the right to suspend or terminate your access to The B3 Method Institute website if you violate the TOU. Indirect violations via third parties shall be considered violations by you. The B3 Method Institute may investigate any reported violation of the TOU and take any action we deem appropriate, including terminating your access to The B3 Method Institute website without notice.

By using The B3 Method Institute website, you expressly agree that you shall not upload, post or transmit to or distribute or otherwise publish through The B3 Method Institute website any materials which (i) restrict or inhibit any other user from using and enjoying the website, (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus or other harmful component, or (vi) constitute or contain false or misleading indications of origin or statements of fact.

The B3 Method Institute may report any activity that we suspect violates any law or regulation to appropriate law enforcement officials. To cooperate with governmental requests, to protect our systems and users, to ensure the integrity and operation of our business and systems, or in response to subpoenas, court orders, or legal requirements, we may access and disclose any information we consider necessary or appropriate, including your contact details, IP address and traffic information, posted content, and web usage paths. By using The B3 Method Institute website, you expressly acknowledge the foregoing disclosure and consent to The B3 Method Institute taking such actions.

You may not link to this website without prior consent from The B3 Method Institute, which consent may be withheld or withdrawn by The B3 Method Institute at any time, with or without notice, in our sole discretion.

INDEMNIFICATION

You agree to indemnify, defend and hold The B3 Method Institute (as well as its managers, members, officers, directors, employees, agents, representatives, information providers and licensors) harmless against liability related to any claims, losses or expenses, including without limitation reasonable attorney's fees, arising from or in any way related to your use (or the use by any person using your computer or your account) of The B3 Method Institute website or your violation of the TOU and/or the Privacy Policy and/or the Terms and Conditions. This indemnity obligation shall survive termination of The B3 Method Institute website.

NO WARRANTY

YOU ARE USING THE B3 METHOD INSTITUTE WEBSITE AT YOUR OWN RISK AND THE B3 METHOD INSTITUTE IS UNDER NO OBLIGATION TO PROVIDE YOU WITH ANY SUPPORT, ERROR CORRECTIONS, UPDATES, UPGRADES AND/OR ENHANCEMENTS OF THE WEBSITE.

YOU UNDERSTAND AND AGREE THAT THE B3 METHOD INSTITUTE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. THE USER OF THE B3 METHOD INSTITUTE WEBSITE ASSUMES ALL RESPONSIBILITY AND RISK FOR ITS USE OF THE WEBSITE AND THE INTERNET GENERALLY.

TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE B3 METHOD INSTITUTE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WITHOUT LIMITING THE FOREGOING, NEITHER THE B3 METHOD INSTITUTE NOR ANY OF ITS AFFILIATES, OWNERS, OFFICERS, MANAGERS, DIRECTORS, LICENSORS, EMPLOYEES OR REPRESENTATIVES REPRESENT OR WARRANT (I) THAT THE B3 METHOD INSTITUTE WEBSITE OR INFORMATION OR CONTENT PROVIDED THROUGH THE B3 METHOD INSTITUTE WEBSITE WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS OR MEET YOUR REQUIREMENTS OR BE ACCURATE, COMPLETE, RELIABLE, OR FAULT-FREE; (II) THAT THE WEBSITE WILL BE AVAILABLE OR WILL BE UNINTERRUPTED, ACCESSIBLE, TIMELY, OR SECURE; (III) THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE WILL BE FREE FROM VIRUSES, "WORMS," "TROJAN HORSES" OR OTHER HARMFUL PROPERTIES; (IV) THAT THE WEBSITE IS NON-INFRINGING. WE HEREBY DISCLAIM, AND YOU HEREBY WAIVE AND RELEASE US FROM ANY AND ALL OBLIGATIONS, LIABILITIES, RIGHTS, CLAIMS OR REMEDIES IN CONTRACT OR TORT ARISING OUT OF OR IN CONNECTION WITH THIS TOU OR THE WEBSITE.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMISSIBLE BY LAW, IN NO EVENT AND UNDER NO CIRCUMSTANCES SHALL THE B3 METHOD INSTITUTE OR ANY OF ITS OWNERS, OFFICERS, MANAGERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, INFORMATION PROVIDERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES (REGARDLESS OF THE FORM OF ACTION), INCLUDING WITHOUT LIMITATION ANY SUCH ACTION ARISING OUT OF (I) USE OF THE B3 METHOD INSTITUTE WEBSITE BY ANY PERSON, INCLUDING BUT NOT LIMITED TO, ANY DAMAGE CAUSED BY ANY RELIANCE ON, OR ANY DELAYS, INACCURACIES, ERRORS OR OMISSIONS IN, ANY INFORMATION, (II) ANY USE OR INABILITY TO USE THE B3 METHOD INSTITUTE WEBSITE FOR WHATEVER REASON, INCLUDING BUT NOT LIMITED TO COMMUNICATIONS FAILURE OR ANY OTHER FAILURE WITH TRANSMISSION OR DELIVERY OF ANY INFORMATION ACCESSED THROUGH THE B3 METHOD INSTITUTE WEBSITE, OR (III) ANY GOODS OR SERVICES DISCUSSED, PURCHASED, OBTAINED, OR PARTICIPATED IN, DIRECTLY OR INDIRECTLY, THROUGH THE B3 METHOD INSTITUTE WEBSITE, IN EACH CASE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

DISPUTES

All users of The B3 Method Institute website and/or the Services agree that any and all disputes arising out of, in connection with or in any way related to these Terms of Use shall be fully and finally settled in binding arbitration proceedings under the then-current Commercial Rules of Arbitration of the American Arbitration Association (“Rules”) by one arbitrator appointed in accordance with the Rules. The award of the arbitrator shall be enforceable by any court of competent jurisdiction. The arbitration proceeding shall be construed in accordance with the applicable laws of the State of Ohio and all arbitration proceedings shall be held in Cincinnati, Ohio. The non-prevailing party in any arbitration proceeding or other legal action shall reimburse the prevailing party for the prevailing party’s costs (including reasonable legal fees) incurred in such arbitration proceeding or legal action.

GENERAL PROVISIONS

By using The B3 Method Institute website, You:

agree that the substantive laws of the state of Ohio, without reference to its principles of conflicts of laws, will be applied to govern, construe and enforce all of the rights and duties of the parties arising from or relating in any way to the subject matter of this TOU;
consent to exclusive personal jurisdiction and venue in a court located in Warren County, Ohio for any legal action connected in any way, directly or indirectly, to the subject matter of this Agreement or to this website;
agree that you may not assign any or all of your rights and obligations under this TOU without our prior written consent, which may be withheld in our sole discretion;
agree that all provisions of this TOU relating to ownership of intellectual property and proprietary rights, warranty disclaimers, limitation of liability, and indemnification shall survive the termination of your use or access to the website, for whatever reason;
agree that nothing in this TOU shall be deemed to convey any third party rights or benefits;
agree that except as otherwise required by law, any cause of action or claim you may have with respect to the website, this TOU or this website must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred;
agree that if any portion of this TOU is ruled invalid or otherwise unenforceable, it shall be deemed amended in order to achieve as closely as possible the same effect as originally drafted and that the other provisions of this TOU remain in full force and effect;
agree that no waiver of any breach of any agreement or provision of this TOU, nor any failure to assert any right or privilege contained in this TOU, shall be deemed a waiver of any preceding or succeeding breach of any agreement or provision;
agree that the section titles in this TOU are for convenience only and have no legal or contractual effect; and
agree that this TOU (including all policies, notices and other terms incorporated into this TOU by reference) constitutes the entire agreement between you and us respect to the subject matter hereto and supersedes any and all prior or contemporaneous agreements whether written or oral.

Last Updated: Sept. 4th, 2018