Terms of Use

The B2Capital.Com Terms of Use

This Agreement (hereinafter "Service User Agreement") sets forth the terms and conditions under which B2Capital.Com , a Company located principally in London, UK (hereinafter "B2Capital.Com") provides to you (hereinafter "User") the right to access and use for personal and/or internal business purposes only the B2Capital.Com Online Business Information Service (the "Service" as defined below). The Service is available only to employees or other authorized individuals who can legally bind User under applicable law and is not available to minors (typically individuals younger than 18-years-old). We reserve the right to deny access to all or part of the Service at any time in our sole discretion.

User understands and agrees that the Service is regulated by the Registration Form (as described hereinafter) and the latest version of any written or electronic Service User Agreement both accepted by signing or clicking "I agree". User understands and agrees that B2Capital.Com may modify from time to time the Service User Agreement. and that she/he/it has the duty to read Service User Agreement. every time he accepts it by signing or clicking "I agree".

Definitions :
"Content" means all information, data, text, images, photographs, video, sound and other multimedia elements owned by or licensed to B2Capital.Com and offered by B2Capital.Com on the Service.
"Information Providers" means third parties providing to B2Capital.Com the information and data offered by B2Capital.Com on the Service.
"Information Providers' Special Terms and Conditions" means specific terms and conditions to be applied to the use of information and data provided by specific Information Providers. "Information Providers' Special Terms and Conditions" shall be considered incorporated into this Agreement.
"UserID" means the unique identifier used by User to enter the Service.
"Password" means the confidential code that the User must enter in conjunction with the UserID to access to the Service together with the UserID.
"Registration Form" means a form which includes the data and the other information necessary to become an authorized user of the Service, the User's specific economic and payment conditions and if the User accesses to The B2Capital.Com or B2Capital.Com Online CD-ROM as defined below.
"Service" means the B2Capital.Com Online Business Information Service located and described at http://www.B2Capital.Com through which B2Capital.Com offers news, information, data and other proprietary content in electronic format created or compiled by B2Capital.Com. The Service may be modified by B2Capital.Com from time to time. The Service is available in 2 versions: B2Capital.Com Online and B2Capital.Com Online CD-ROM as defined hereinafter. Every reference to Service will be intended to refer both to B2Capital.Com Online and B2Capital.Com Online CD-ROM.
"Sites" means the sites http://www.B2Capital.Com and http://www.B2Capital.Com through which User can access to the Service.
"B2Capital.Com Online" is the Service version allowing the User to access all the information available on the Service indicated on the site http://www.B2Capital.Com
"B2Capital.Com Online CD-ROM" " is the Service version through which the User can access a limited amount of information indicated on the site http://www.B2Capital.Com
"Deposit Account" is an account where B2Capital.Com holds the amounts paid in advance by the User to B2Capital.Com.
"Free Trial B2Capital.Com Online" is The B2Capital.Com provided to B2Capital.Com, at its discretion, free trial for a limited period and a limited use. Except what indicated in the clause 8 (c), every reference to Service or B2Capital.Com Online will be intended also to refer to Free Trial B2Capital.Com Online.
Access and use of the Service : B2Capital.Com will provide to the User, and the User hereby accepts, a nonexclusive, non transferable right during the Term to access and use The B2Capital.Com or B2Capital.Com Online CD-ROM , subject to the terms, limitations and conditions set forth in this Agreement. Registration Form indicates if the User accesses to The B2Capital.Com or B2Capital.Com Online CD-ROM.

User ID/Password/Security : The information that the User provides to B2Capital.Com during the registration process or in any public message area must be current, complete, and verifiable. If the User provides incomplete or inaccurate information, B2Capital.Com may terminate User's account. The User may not use his/her/its UserID and Password for any unauthorized purpose. The User may not disclose User's Password to third parties. The User is responsible for any and all actions taken under his/her/its User ID and Password. The User must notify B2Capital.Com immediately of any unauthorized use of User's ID or Password or any other breach of security.

Ownership :User acknowledges and agrees that the Content is derived from databases that belong to Information Providers and that B2Capital.Com and Information Providers retain all right, title and interest, including without limitation copyright and other proprietary rights, in the Service and the Content.

Use and access restrictions : User shall use the Service and the Content only for personal or internal business purposes. User shall not copy, reproduce in any form, license, sell, transfer, make available or otherwise distribute the Service, the Content or any part thereof to any entity or person, except that User may make one (1) electronic and/or one (1) paper copy of any Content specifically purchased by User from B2Capital.Com provided that such copies are used solely for User's personal or internal business use. User shall immediately notify B2Capital.Com of any unauthorized use, copying or distribution of the Service and of the Content of which User becomes aware, and User shall use his/her/its best efforts to immediately stop all such unauthorized use. In no event shall User use the Service or Content for any purpose that competes with the business of either B2Capital.Com or its Information Providers.

Delivery : User will be able to access to the Service solely through the Internet. Access to Service will be possible for the User only through use of a valid UserID and Password.

Service Message : All communications regarding the Service will be sent to the User at the e-mail address provided by User in the Registration Form, and, to the extent that notice is required under this Agreement, User agrees that email addressed to such email address constitutes sufficient and valid notice.

Charges and payment :

B2Capital.Com Online. The User agrees to pay B2Capital.Com the charges for all access to Content on the Service as they become due. Charges will be calculated in accordance with the rates listed in http://www.B2Capital.Com B2Capital.Com.com http://www.B2Capital.Com , as amended from time to time. A rolling balance (residual amount available for accessing information and data) will be displayed for the User reference when the User accesses the Service. The User will be required to pay an activation fee in order to cover costs related to the activation of the User. Further specific economic and payment conditions are included in the Registration Form section signed or accepted by clicking "I agree".
B2Capital.Com Online CD-ROM. The User may only pay for the Service using a valid credit card or by Invoice. The User must provide all credit card information requested by B2Capital.Com prior to accessing the Service. Charges for all access of Content on the Service will be charged to User's credit card or invoiced in accordance with the rates listed at http://www.B2Capital.Com B2Capital.Com.com, as amended from time to time.
Free Trial B2Capital.Com Online. The Registration Form indicates the limited period and the limited use of Free Trial B2Capital.Com Online determined at B2Capital.Com's discretion and accepted by the User.

Availability of Service : The User understands and agrees that the availability of the Service may be interrupted, for maintenance services or otherwise, from time to time. B2Capital.Com is not responsible for any such delays or outages. B2Capital.Com reserves the right to make modifications and improvements to the Service and its conditions of availability.

Term and termination :
The Agreement shall commence on the date it is physically signed by the User or accepted by clicking the "I Agree…" button and shall remain in effect for the term included in the Registration Form or until one of the following, upon which the Password and the UserID will be disabled by B2Capital.Com:
User's Deposit Account is exhausted, unless another payment option is chosen and activated before the Deposit account is exhausted;
User provides written notice to B2Capital.Com that he/she/it will cease to use the Service. In this case, the remaining balance of the Deposit Account will be forfeited to B2Capital.Com;
B2Capital.Com gives the User a prior written notice of 10 days by fax or e-mail. In this case the remaining balance of the Deposit Account will be returned to the User;
there is no activity on the account for a period of one hundred and eighty (180) consecutive days;
there is no activity on the Deposit account for a period of one hundred and eighty (180) consecutive days AND the remaining balance of the Deposit Account is lower than the amount necessary for the minimum purchase. In this case the Agreement will be cancelled and the Deposit Account paid by the User will be forfeited to B2Capital.Com;
there is no activity on the Deposit Account for a period of two (1) consecutive year. In this case the agreement will be cancelled and the Deposit Account will be forfeited to B2Capital.Com;
the User is in breach of its warranties, obligations and duties provided under articles 3, 5, 8, 13, 14, 15 or 16 of the Agreement, and is notified of such breach in writing, fax or e-mail by B2Capital.Com. In this case, the Agreement is canceled without prejudice to any other remedy of B2Capital.Com and the Deposit Account paid by the User will be forfeited to B2Capital.Com.
In the event that the above mentioned 1, 4, 5, 6 or 7 occurs, B2Capital.Com, at its own discretion and without previous notice, can cancel the present Agreement.

Warranties : THE SERVICE IS PROVIDED ON AN "AS IS" BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, B2Capital.Com DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
B2Capital.Com DOES NOT WARRANT THAT THIS SITE WILL BE UNINTERRUPTED, ERROR-FREE OR ACCESSIBLE, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE WILL BE SECURE OR OPERATE WITHOUT ERROR OR THAT THIS SITE OR SERVICES WILL MEET USER'S REQUIREMENTS.
B2Capital.Com AND ITS INFORMATION PROVIDERS MAKE NO REPRESENTATIONS AND/OR WARRANTIES THAT THE CONTENT OR THE RESULT OBTAINED FROM USING IT IS ACCURATE AND/OR COMPLETE AND/OR DOES NOT CONTAIN ANY LIBELOUS OR DEFAMATORY MATTER. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, B2Capital.Com DISCLAIMS ANY AND ALL SUCH WARRANTIES.

Liability : B2Capital.Com and its Information Providers' total liability arising out of any type of legal claim (whether in contract, tort or otherwise) shall be limited to any amounts the User may have paid to B2Capital.Com during the twelve (12) month period immediately preceding the date on which such claim arose and, in the absence of any such payment, B2Capital.Com and its Information Providers shall have no liability. To the maximum extent permitted by applicable law, in no event will B2Capital.Com or its Information Providers be liable for any indirect, consequential, incidental, special, multiple, punitive or similar damages including, but not limited to, damages for lost profits, loss of goodwill, loss of data, or any and all other loss resulting from the use of the Service by the User.

Warranties and representation of the User : The User represents and warrants that all the personal data declared by the User in the present Agreement and in the Registration Form and entered by the User in using the Service is true and corresponds to the user named in the Registration Form. The User represents and warrants that they have the legal capacity and powers to subscribe the present Agreement.

Other duties and liabilities of the User : The User hereby agrees not to use the Service or related communication services to:

disturb, abuse of, and in any way violate rights of third parties, included but not limited to right of privacy;
infringe any applicable laws and regulations, included but not limited to, laws and regulations about privacy;
send or forward messages or communications which are abusive, offensive, obscene, or of such nature to give intentionally offence to any recipient;
send or forward messages which promote, sell or advertise any product or service to any recipients; and/or
send or forward files or other material which is affected by viruses or similar problems;
The User agrees not to allow third parties, other than duly authorized employees of the User, to use, take possession of or have knowledge of the UserID and/or the Password. In the event that there is the possibility that the UserID or the Password is known by third parties for any reason (e.g., theft or loss), the User shall notify B2Capital.Com of this possibility as soon as the User has knowledge of it, and then shall confirm it to B2Capital.Com, within the following 24 hours, by registered or certified United Kingdom mail, return receipt requested. In this event the User has the responsibility for any use of the Service until 12 o'clock of the first working day following the date on which B2Capital.Com receives said notice from the User. It is understood that B2Capital.Com will use reasonable efforts to disable the Password as soon as possible upon notification. In addition the User agrees to comply with all additional terms and conditions -also set forth by the Information Providers as published and posted on the Service from time to time. Such additional terms and conditions shall be deemed to be part of this Agreement.

Indemnification : The User agrees to indemnify, defend and hold harmless B2Capital.Com and the Information Providers from any and all claims, damages, liabilities, costs, charges, and expenses, including attorneys' fees, arising out of any breach of this Agreement by the User, including any use of the Content which is not expressly authorized under this Agreement, including without limitation any violation of copyrights belonging to third parties.

Consultancy Services : B2Capital.Com is engaged in consultancy services for the provision of tailored research to the specific needs of its users, providing customized reports and information. User can request a consultancy arrangement whereby B2Capital.Com engages in the provision of tailored research for User's specific needs and B2Capital.Com agrees to provide User with consultancy and other services on the terms and subject to the conditions contained in this Agreement. B2Capital.Com agrees to perform for the User those services which are mutually agreed upon by the parties as more particularly described in Statements of Work signed by User (each, a "SOW"). Each SOW shall specifically identify this Agreement and indicate that it is subject to the terms hereof and shall be deemed to be a part of this Agreement as if fully set forth herein. Unless otherwise expressly provided in a SOW, the provisions of this Agreement shall prevail if there is any inconsistency between a SOW and this Agreement. User appoints B2Capital.Com to provide the Consultancy Services during the Term defined above in return for fees and any other compensation set forth in each SOW. In consideration of the Consultancy Services rendered by B2Capital.Com under this Agreement, User agrees to pay the fees and any other compensation at the time and in the manner set forth in each SOW. B2Capital.Com will have no obligation to perform the Consultancy Services when any amount required to be paid by User remains due and unpaid.

Safe Harbor compliance : B2Capital.Com declares to be Safe Harbor compliant and the User can display B2Capital.Com privacy notice on the Sites. That means that data included in the Content and transferred from the European Union to B2Capital.Com are processed in compliance with Safe Harbor.

General : This Agreement shall be executed in the English language and shall be deemed to be an original, and shall constitute the same agreement. This Agreement and any subsequent written or electronic agreement executed by User, shall comprise the complete agreement between User and B2Capital.Com, and shall supersede all preceding agreements and proposals, whether or not oral or written. Neither B2Capital.Com nor its Information Providers shall be responsible for delays or performance failures caused from acts beyond their reasonable control. Without limiting the generality of the foregoing, the parties agree that the functioning of the Internet and of the national and international telephone networks are beyond the reasonable control of B2Capital.Com.The User's name and address will be stored on the B2Capital.Com' databases. This information as well as details strictly limited to accounting may be given to Information Providers. Information entered by the User in using the Service shall be also stored in B2Capital.Com' data base to service the User's requirements and also for marketing purposes of B2Capital.Com and of companies belonging to the same legal corporate or group structure as B2Capital.Com.User may not assign or transfer any of the rights and obligations herein without the prior written consent. B2Capital.Com may assign or transfer all or part of the right and obligations herein, providing that notice is given to the User by fax or e-mail. This Agreement shall be subject to and governed by the laws of the United Kingdom. The parties hereby agree that any dispute relating to this Agreement shall be subject to the exclusive jurisdiction of the United Kingdom courts located in the England, and User hereby consent to personal jurisdiction in such courts. If any provision of this Agreement is deemed illegal or unenforceable, all other provisions shall remain in effect.