TERMS OF USE
These Terms of Use (the “Terms” or “Terms of Use”) describe the rules that apply to B & B Trading Corporation (“B & B” “we,” “our,” or “us”) websites. These rules are designed to protect you, us, and other users of our website (collectively, our “Services”). By accessing, downloading, using or browsing our Services, you acknowledge and agree to be bound by the version of these Terms in place at the time you use our Services. If you do not agree to these Terms or if you do not agree with our Privacy Policy, please do not use our Services. Any use of our Services that is inconsistent with these Terms is deemed unauthorized access.
MODIFICATION OF THESE TERMS OF USE
We reserve the right to make changes to these Terms at any time, and will post an updated version here. Please check back from time to time to ensure you are aware of any updates or changes.
LIMITED RIGHT TO USE
In exchange for your agreement to these Terms, B & B grants you a limited, non-exclusive, personal, revocable right and license to access and use the functionality of our website. The rights to download and use the website are licensed to you and are not being sold to you. You have no rights in the website other than to use them in accordance with these Terms. We reserve the right to terminate your access to our website at any time and for any or no reason. You may not remove or alter any notices found on our website, distribute, make derivative works of, reverse engineer, decompile, or disassemble the website. You may not access the website for the purpose of building a similar or competitive service, website, or app. You may not use any web crawler, robot, spider, or other automated method to retrieve, data mine, scrape or otherwise gather information or content available through the website.
You may not copy, reproduce, print, distribute, transmit, display, perform, publish, license, modify, translate, adapt, create derivative works from, transfer, sell or otherwise exploit the website, or any content, products or services obtained through them.
ELIGIBILITY TO USE OUR SERVICES
You must be 18 years of age to access or use our website or to create an account with us. You represent and warrant that (1) you are not a citizen of or located in a country or region that is targeted for comprehensive trade sanctions by the U.S. Government, (2) you will not access or use our website from such a country or region, and (3) you are not designated on the U.S. Treasury’s Specially Designated Nationals or Blocked Persons List or otherwise a person who is barred from doing business with U.S. persons or from receiving exports of goods or services from the U.S.
USING OUR WEBSITE
You may not use the website in any manner that could disable, overburden, or impair any B & B server, or interfere with any other person's use and enjoyment of the websites, other computer systems or networks connected to any B & B server or to the website, through hacking, password mining or any other means. You agree that you will not use the website to send unsolicited advertising, promotional material, or other forms of solicitation to other users. You may use our website only as permitted by law, including local, state, federal or international laws or regulations. We may suspend or block your access to the website, or stop providing our website to you if you do not comply with our terms or policies or if we are investigating suspected misconduct. Access to the website may be denied or limited by B & B, or be unavailable, interrupted and/or discontinued from time to time due to system difficulties or otherwise, or at B & B' discretion, and B & B shall have no liability for such occurrences.
PURCHASES
You agree that any order to purchase products and/or services from B & B placed using the website constitutes a binding offer to purchase which B & B may accept or reject. B & B reserves the right to limit the order quantity on any item and/or refuse service to any customer and may require verification of information prior to the acceptance of any order.
OWNERSHIP, TRADEMARK, AND COPYRIGHT
You agree and acknowledge that B & B owns all rights, title and interest in the website, as well as all text, content, graphics, interfaces, code and materials, the look and feel, selection and arrangement, design and organization of the website, and the compilation of the content, code, data and materials on the website, including all intellectual property and proprietary rights. The website is protected by copyright, trademark and other laws of the United States and other countries. Any unauthorized use of material on the website may violate such laws. No links may be established to any part of the website and no information on the website may be framed without our prior written approval. The trademarks, logos and service marks used and displayed on the website (collectively, the "Marks") are registered and unregistered trademarks of, and owned by, B & B or other owners that have granted B & B the right and license to use such Marks. For clarity, there may be instances where trademark symbols are omitted for creative reasons, which does not impact the validity or enforceability of these Marks. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit the Marks or any of the content of our website, in whole or in part. No copying, redistribution, retransmission, publication or commercial exploitation of the Marks or other material without the express permission of B & B or the copyright owner is permitted.
PROCEDURE FOR ALLEGING COPYRIGHT INFRINGEMENT
If you are a copyright owner who believes in good faith that materials hosted by us, including user Submissions, infringe your copyright, please provide the information requested below (including paragraph numbers) in the order requested:
1. A clear identification of the copyrighted work you claim was infringed.
2. A clear identification of the material you claim is infringing the copyrighted work, and information that will allow us to locate that material on our Services, such as a link to the infringing material.
3. Your contact information so that we can reply to your complaint, preferably including an email address and telephone number.
4. Include the following statement: “I have a good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law.”
5. Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and I am the copyright owner, or am authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.”
6. Your physical or electronic signature.
The notice must be signed by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Notices of claims of copyright infringement on our Services should be emailed or mailed, at your choice, to:
Anthony Capozzi
Chief Financial Officer
B & B Trading Corporation
1033 Turnpike Street
Stoughton, MA 02072
info@bandbtrading.net
It is our policy to respond expeditiously when we receive a clear and complete notice of alleged copyright infringement that complies with the Digital Millennium Copyright Act (the “DMCA”). If we receive proper notification of claimed copyright infringement, we will remove or disable access to material claimed to be the subject of infringing activity in accordance with the DMCA, and in appropriate circumstances, disable and/or terminate the accounts of users who are repeat infringers.
We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, please note that you may be liable for damages (including costs and attorneys’ fees) if you make a false claim of copyright infringement. We will review and address all notices that comply with the requirements above.
WEBSITE AND CONTENT USE RESTRICTIONS
You agree that you will not: (i) use the website for any commercial purpose other than for conducting business with B & B (including, without limitation, for purposes of advertising, soliciting funds, collecting product prices, and selling products); (ii) use any meta tags or any other “hidden text” utilizing any B & B intellectual property; (iii) engage in any activities through or in connection with the website that seek to attempt to or do harm to any individuals or entities or are unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party, or are otherwise objectionable to B & B; (iv) decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the website by any means whatsoever or modify any website source or object code or any software or other products, services, or processes accessible through any portion of the website; (v) engage in any activity that interferes with a user’s access to the website or the proper operation of the website, or otherwise causes harm to the website, B & B, or other users of the website; (vi) interfere with or circumvent any security feature (including any digital rights management mechanism, device or other content protection or access control measure) of the website or any feature that restricts or enforces limitations on use of or access to the website; (vii) harvest or otherwise collect or store any information about other users of the website without the express consent of such users; (viii) attempt to gain unauthorized access to the website, other computer systems or networks connected to the website, through password mining or any other means; or (ix) otherwise violate these Terms.
Content Use Restrictions. You also agree that, in using the website, you: (i) will not monitor, gather, copy, or distribute the content (except as may be a result of standard search engine activity or use of a standard browser) on the website by using any robot, rover, “bot”, spider, scraper, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind; (ii) will not frame or utilize framing techniques to enclose any such content (including any images, text, or page layout); (iii) will keep intact all Trademark, copyright, and other Intellectual Property and other notices contained in such content; (iv) will not use such content in a manner that suggests an unauthorized association with any of our or our licensors’ products, services, or brands; (v) will not make any modifications to such content (other than to the extent of your specifically permitted use of the B & B Licensed Elements, if applicable); (vi) will not copy, modify, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate or transfer to any third-party or on any third-party application or website, or otherwise use or exploit such content in any way for any purpose except as specifically permitted by these Terms or with the prior written consent of an officer of B & B or, in the case of content from a licensor, the owner of the content; and (vii) will not insert any code or product to manipulate such content in any way that adversely affects any user experience or the website.
PRIVACY
Your privacy is important to us. Please review our Privacy Policy, which is incorporated into these Terms by reference.
AVAILABILITY OF THE WEBSITE
While we use commercially reasonable efforts to keep our website accessible, they may be unavailable from time to time for indefinite amounts of time and for any reason including, without limitation, routine maintenance. Additionally, many features of the website require a cellular data connection or internet connection. B & B is not responsible for any coverage or connectivity issues you may experience, or any charges, data rates, or other fees incurred for cellular service, internet connection, etc.
ACCURACY OF INFORMATION
Although we strive for accuracy in all elements of our website, there may be errors, inaccuracies or omissions. Please use your best judgment when using our website. B & B is not responsible for your interpretation or reliance on any information or content found on the website, and makes no representations about the accuracy, reliability, completeness, or timeliness of the website or of the information upon it. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or services on our website at any time without prior notice.
All prices displayed on our website are quoted in U.S. dollars and are valid in the continental United States only. We reserve the right, without prior notice, to discontinue or change specifications for our products or services at any time.
WEEKLY OR DAILY SPECIALS
From time to time, B & B may offer weekly or daily specials. Each such offer may have additional terms and/or rules that will apply in addition to these Terms. Please review the applicable rules as well as our Privacy Policy prior to participating. If the specials/promotion rules conflict with these Terms, the promotion rules will govern.
DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOUR ACCESS TO AND USE OF THE WEBSITE IS AT YOUR SOLE RISK, AND THE WEBSITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS. B & B AND ITS DIRECT AND INDIRECT PARENTS, SUBSIDIARIES, AFFILIATES, AND EACH OF THEIR RESPECTIVE EMPLOYEES, DIRECTORS, MEMBERS, MANAGERS, SHAREHOLDERS, AGENTS, VENDORS, LICENSORS, LICENSEES, CONTRACTORS, CUSTOMERS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, “B & B PARTIES”) HEREBY DISCLAIM AND MAKE NO REPRESENTATIONS, WARRANTIES, ENDORSEMENTS, OR PROMISES, EXPRESS OR IMPLIED, IN CONNECTION WITH, OR OTHERWISE DIRECTLY OR INDIRECTLY RELATED TO, WITHOUT LIMITATION, THE WEBSITE OR B & B’ PRODUCTS OR SERVICES, EXCEPT AS SET FORTH BELOW.
EXCEPT FOR ANY SPECIFIC WARRANTIES PROVIDED HEREIN OR AS OTHERWISE REQUIRED BY APPLICABLE LAW, THE B & B PARTIES HEREBY FURTHER DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUSES.
NOTWITHSTANDING THE FOREGOING, THIS SECTION DOES NOT EXPAND OR LIMIT: (I) ANY EXPRESS, WRITTEN PRODUCT WARRANTY OR RELATED DISCLAIMERS THAT ARE PROVIDED BY THE B & B PARTIES OR THEIR SUPPLIERS WITH REGARD TO A PHYSICAL PRODUCT SOLD BY B & B PARTIES TO YOU, OR ANY WARRANTY ON A PHYSICAL PRODUCT TO THE EXTENT REQUIRED BY APPLICABLE LAW; (II) B & B PARTIES’ LIABILITY FOR PERSONAL INJURY TO YOU CAUSED BY B & B PARTIES TO THE EXTENT NOT WAIVABLE OR WHERE SUCH LIABILITY CANNOT BE LIMITED UNDER APPLICABLE LAW; OR (III) ANY CAUSE OF ACTION YOU MAY HAVE AGAINST B & B PARTIES THAT IS NOT WAIVABLE OR THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.
LIMITATION OF OUR LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE B & B PARTIES OR ANY OF THEIR EMPLOYEES, AGENTS, PARTNERS, SERVICE PROVIDERS, CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES HOWEVER CAUSED, WHETHER FOR BREACH OF WARRANTY, BREACH OF CONTRACT, PRODUCT LIABILITY, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEBSITE, ARISING OUT OF THE CONTENT AND OTHER INFORMATION CONTAINED THEREIN OR IN THESE TERMS OF USE, OR YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE WEBSITE, OR ANY CONTENT OBTAINED FROM THE WEBSITE, EVEN IF THE B & B PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL THE B & B PARTIES’ TOTAL LIABILITY EXCEED, IN THE AGGREGATE FOR ALL CLAIMS SUBJECT TO THESE TERMS OF USE, AN AMOUNT THAT IS THE LESSER OF TWO HUNDRED AND FIFTY DOLLARS (USD $250.00) OR THE AMOUNT THAT YOU HAVE PAID US IN THE LAST YEAR FOR ACCESS TO OUR WEBSITE.
YOU ACKNOWLEDGE THAT B & B WOULD NOT PROVIDE ACCESS TO ITS WEBSITE IF NOT FOR THE FOREGOING LIMITATIONS, AND THAT THESE LIMITATIONS OF LIABILITY ARE ESSENTIAL ELEMENTS OF THE TERMS OF USE. THESE LIMITATIONS OF LIABILITY REFLECT THE ALLOCATION OF RISK BETWEEN THE PARTIES. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THE TERMS OF USE IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW A LIMITATION OR EXCLUSION OF LIABILITY IN ALL CIRCUMSTANCES, IN THOSE JURISDICTIONS, THE B & B PARTIES’ LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
INDEMNIFICATION
Except where specifically prohibited by applicable law, you agree to defend (if requested by B & B), indemnify, and hold B & B Parties harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, and expenses (including attorneys’ fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against any B & B Party, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with: (i) your Submissions; (ii) your use of the website and your activities in connection with the website; (iii) your breach or alleged breach of these Terms; (iv) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of the website or your activities in connection with the website; (v) information or material transmitted through your device, even if not submitted by you, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; and (vi) any misrepresentation made by you. You will cooperate as fully as required by the B & B Parties in the defense of any claim and losses. Notwithstanding the foregoing, the B & B Parties retain the exclusive right to settle, compromise, and pay any and all claims and losses, and you agree not to settle any Claims or Losses without the prior written consent of an officer of the impacted B & B Party.
DISPUTE RESOLUTION TERMS
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.
Mediation
Any and all disputes, claims, and causes of action you may have against B & B arising out of or connected with our website, any benefits associated with the Services, these Terms and Conditions, or our Privacy Policy shall be submitted to mediation as a condition precedent prior to filing any such dispute, claim, or cause of action in court, however, this section concerning mediation shall not apply to any dispute, claim or cause of action arising out of or connected with the purchase and sale of goods by or from B & B.
Choice of Law and Venue
Any and all disputes, claims, and causes of action between you and B & B, including those arising out of or connected with our website, any benefits associated with the website, these Terms and Conditions, or our Privacy Policy, and whether sounding in contract, tort, law, equity, or otherwise, shall be governed by, and enforced in accordance with, the internal laws of the Commonwealth of Massachusetts including its statute of limitations, without reference to its choice of law rules or any principle calling for application of the law of any other jurisdiction. Any such dispute shall be filed in the state or federal courts located in Massachusetts, and you consent and agree to the personal jurisdiction and venue of these courts.
Class Action Waiver
You agree that, to the maximum extent permitted by applicable law, any and all disputes, claims, and causes of action arising out of or connected with our website, these Terms and Conditions, or our Privacy Policy will be resolved on an individual basis, without resort to any form of class action or mass action.
Time Limitation
You agree to bring any and all claims against B & B within one (1) year from the date of accrual of a cause of action, and that actions brought after this date will be deemed time-barred.
Prior Agreements
The foregoing dispute resolution provisions shall supersede any inconsistent provisions of any prior agreement between the parties relating to the website, and shall remain in full force and effect notwithstanding any termination of your use of the website or these Terms.
GENERAL PROVISIONS
Website Not Intended for International Use. B & B controls and operates the website from the U.S.A., and makes no representation that the website is appropriate or available for use beyond the U.S.A. If you use the website from other locations, you are doing so on your own initiative, at your own risk, and are responsible for compliance with applicable local laws regarding your online conduct and acceptable content.
No Waiver. No delay or failure by B & B to enforce any provision in these Terms of Use shall constitute a waiver of any of B & B’ rights. Neither the receipt of any funds by B & B nor the reliance of any person on our actions shall be deemed to constitute a waiver of any part of these Terms of Use. Only a specific, written waiver signed by an authorized representative of B & B shall have any legal effect.
Severability. If any provision of these Terms is for any reason deemed invalid, unlawful, void, or unenforceable by a court or arbitrator of competent jurisdiction, then that provision will be deemed severable from these Terms, and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms.
Investigations; Cooperation with Law Enforcement; Termination; Survival. Except where specifically prohibited by applicable law, B & B reserves the right, without limitation, to: (i) investigate any suspected breaches of the security of its website and information technology or other systems or networks, (ii) investigate any suspected breaches of these Terms, (iii) involve and cooperate with law enforcement authorities in investigating any of the foregoing matters, (iv) pursue legal claims against violators of these Terms, and (vi) discontinue the website, in whole or in part, or, suspend or terminate your access to the website, in whole or in part, including any user accounts or registrations, at any time, without notice, for any reason and without any obligation to you or any third party. Any suspension or termination will not affect your obligations to B & B under these Terms. Upon suspension or termination of your access to the website, or upon notice from B & B, all rights granted to you under these Terms will cease immediately, and you agree that you will immediately discontinue use of the website. The provisions of these Terms, which by their nature should survive your suspension or termination will survive, including the rights and licenses you grant to B & B, as well as the indemnities, releases, disclaimers, and limitations on liability and the provisions regarding dispute resolution.
Assignment. B & B may assign its rights and obligations under these Terms, in whole or in part, to any party at any time without any notice. These Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of B & B.
CALIFORNIA CONSUMER RIGHTS AND NOTICES
In accordance with California Business and Professions Code Section 17538 et seq., B & B’ return and refund policy is available here, the legal name under which B & B conducts business is B & B Trading Corporation, Inc., and B & B’s business address is 1033 Turnpike Street, Stoughton, MA 02072. Within five (5) days of B & B’ receipt of your request, California residents may receive verification of this information by email by contacting us at info@bandbtrading.net.
You may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at: 1625 North Market Blvd., Suite N 112, Sacramento, California, 95834, or by telephone at (916) 445-1254. Hearing-impaired users can reach the Complaint Assistance Unit at TDD (800) 326-2297 or TDD (916) 322-1700. Their website is located at: http://www.dca.ca.gov.
WHAT TO DO ABOUT THIS?
HOW TO CONTACT US
If you have any comments or questions about these Terms of Use, communications can be submitted to our postal address, via email to info@Bandbtrading.net or by calling 617-422-1400.
B & B Trading Corporation
1033 Turnpike Street
Stoughton, MA 02072
Attention:
Anthony Capozzi,
Chief Financial Officer
All information contained on this site is subject to change at any time without notice.