Agreement between User and 2B Advice, LLC

These Terms of Service constitute the agreement (this "Agreement") between you the user ("You" or "User";) and 2B Advice LLC ("2B Advice") regarding your use of the information, software, products, and services contained in or available through the PrIME site (the "Service" or "PrIME"). The Service is offered to you on the condition of your acceptance of these terms and conditions. BY CLICKING THE "I ACCEPT" BUTTON OR BY USING THE SERVICE, YOU AGREE TO THE TERMS IN THIS AGREEMENT. If you do not accept this Agreement, you are not authorized to use the Service. Your use of the Service is governed by this Agreement, the Privacy Policy, the Refund and Cancellation Policy, and any additional usage or payment terms offered to you by 2B Advice.

  1. Legal Disclaimer

    YOU HEREBY AGREE THAT YOUR USE OF THE SERVICE DOES NOT CREATE OR CONSTITUTE AN ATTORNEY-CLIENT RELATIONSHIP BETWEEN YOU AND 2B ADVICE OR YOU AND ANY 2B ADVICE EMPLOYEE. YOU HEREBY ACKNOWLEDGE AND AGREE THAT 2B ADVICE DOES NOT PROVIDE LEGAL ADVICE. The Service provides some information about data privacy and data security law. 2B Advice does not guarantee that any legal information on the Service is current or correct. 2B Advice is not a law firm, and its employees are not acting as your attorney. The Service does not engage in providing legal advice and no information published thereon or obtained by you through the Service constitutes legal advice or is intended to replace advice from your attorney.

  2. Renewals

    2B ADVICE WILL AUTOMATICALLY RENEW YOUR SUBSCRIPTION UNLESS YOU CANCEL YOUR SUBSCRIPTION AS PROVIDED FOR IN THE SERVICE REFUND AND CANCELLATION POLICY. UPON RENEWAL, YOU HEREBY AUTHORIZE US (WITHOUT NOTICE TO YOU) TO COLLECT THE THEN APPLICABLE SUBSCRIPTION RENEWAL FEES, USING ANY VALID PAYMENT SOURCE WE HAVE ON RECORD FOR YOU.

  3. Free Trials

    2B Advice may, in its sole discretion, offer free trials (Free-Trial Offers) of the Service. Any additional terms and conditions that pertain to the Free Trial Offer shall be documented separately in such Free-Trial Offers.

  4. Refunds

    Refunds are processed in accordance with the Service's Refund and Cancellation Policy.

  5. Modification of the Terms and Service

    2B Advice reserves the right to change the terms, conditions, and notices under which the Service is offered. You understand and HEREBY AGREE that your use of the Service after the date on which this Agreement has changed shall be treated as acceptance of the updated Agreement. 2B Advice will make reasonable efforts to inform you of any changes it may make to this Agreement prior to your continued use of the Service. The Service is continually under development and changes to the Service, including offering or removing additional services and/or features, may be introduced at any time.

  6. Limitation of Liability for Service Modification

    2B Advice will not be liable to you, or to anyone else, for modifications to the Service. You understand and HEREBY AGREE that your sole remedy for any damages, business interruption or lost data due to 2B Advice’s modifications to the Service is to terminate your use of the Service in accordance with the Service’s Refund and Cancellation Policy.

  7. Links to Third Party Services

    The Service may contain links to other web sites ("Linked Sites"). 2B Advice is not responsible for the contents of any Linked Sites including, without limitation, any link contained in a Linked Site or any changes or updates to a Linked Site. 2B Advice does not operate or control the Linked Sites.. 2B Advice does not endorse any Linked Sites, the content on a Linked Site or attest to the safety or security of your systems or data that may access a Linked Site. Your interaction with any Linked Sites is governed by the terms and conditions and privacy statements provided by the Linked Site. You should carefully review the terms and conditions and privacy policies of any Linked Sites prior to accessing their content and services.

  8. User Warranties

    By subscribing to the Service, you certify that:

    (a) You are a human;

    (b) You have provided (and you will maintain and update) true, accurate, current and complete information about yourself as prompted by our registration form, including but not limited to company and billing information;

    (c) You have the authority and legal right to document your organization’s data processing procedures and data privacy and security information on the Service;

    (d) You are legally competent to enter into binding contracts (i.e. you are not under 13) and are duly authorized to bind your organization to the terms and conditions herein;

    (e) You are have the legal right to access the Service; and

    (f) You will use the Service, in accordance with this Agreement, to manage your organization's data privacy and security obligations.

  9. Payment of Fees

    All subscription fees will be billed in U.S. dollars. Your account will be debited when you subscribe and provide your payment information in accordance with your offer terms. You agree to pay with either a valid credit card or debit card that is acceptable to 2B Advice. If your payment and registration information is not accurate, current, and complete, and you fail to notify us promptly when such information changes, we may suspend or terminate your account and refuse you any use of the Service. If you fail to notify us of updates to your debit or credit card (e.g., credit card expiration date), to avoid interruption of your service, YOU AGREE that we may participate in programs supported by your card provider (e.g. updater services, recurring billing programs, etc.) to try to update your payment information. You hereby authorize us to continue billing your account with the updated information we obtain.

  10. User Owned Content

    You are responsible for the content and materials you upload, post, create or store on the Service (your "User Content"). You are responsible to archive your User Content. You are responsible for any lost or unrecoverable User Content. You agree that 2B Advice is not responsible for your User Content. You own your User Content; 2B Advice does not claim an interest in, or ownership to, your proprietary and confidential information, trade secrets, copyrights, trademarks or other information included in your User Content.

  11. User Generated Content

    You warrant that you own, or otherwise control the rights to, any material, content or information (“User Generated Content”) you post, upload, input or otherwise provide to the Service You further agree, without exception, to indemnify 2B Advice, its employees and assigns from any misuse or liability that may arise from your posting of your User Generated Content to the Service.

  12. Use of the Service

    In addition to maintaining the confidentiality of your username and password, you agree that you will not, nor will you permit any third party to:

    (a) Access the Service by any means other than through the browser interface we provide - any automated means of accessing the Service, including through use of scripts, robots or web crawlers, is prohibited;

    (b) Attempt to disable or circumvent any technological measure we use to control or limit access to the Service or to protect our rights OR attempt to gain unauthorized access to the Service or use any unauthorized means to modify or reroute the Service (or attempt to do so);

    (c) Fail to promptly notify us of any unauthorized use of your user name, password or any other breach of security that you become aware of that involves or relates to the Service by emailing us at PrIMESupport@2b-advice.com. 2B ADVICE EXPLICITLY DISCLAIMS LIABILITY FOR ANY AND ALL LOSSES AND DAMAGES ARISING FROM YOUR FAILURE TO COMPLY WITH THIS SECTION. We recommend that you “Exit” from your account at the end of each session to maintain the security of your account;

    (d) Modify, copy or create derivative works of the Service or any 2B Advice materials or use the Service, or any part of it, in connection with a competitive product or service;

    (e) Attempt to download, decompile or reverse engineer the software and technology that comprises the Service;

    (f) Create Internet "links" to the Service or "frame" or "mirror" the Service (or any portion of it) on any other server or wireless or Internet-based device unless explicitly agreed to by 2B Advice in writing;

    (g) Use the Service in any manner which could damage, disable or overburden the Service and supporting technologies and infrastructure, interfere with other users’ use and enjoyment of the Service, or send or store material containing software viruses, worms, Trojan horses or other harmful code;

    (h) Use the Service for an illegal purpose or to induce or encourage illegal activities;

    (i) Use the Service, or any part of it, for any commercial purposes; or,

    (j) Transfer your account to another user.


  13. Using PrIME's Communication Service

    PrIME has built-in communication functionalities (“Communication Services”) that enables users to communicate with each other through the sending of direct messages, accessing news articles, viewing and editing calendars and creating reports. You agree to use these Communication Services only to post, send and receive messages and material that are appropriate and legal and you agree that when using the Communication Services you will not:

    (a) Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;

    (b) Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;

    (c) Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents;

    (d) Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer;

    (e) Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages;

    (f) Conduct or forward surveys, contests, pyramid schemes or chain letters;

    (g) Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; (h) Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;

    (i) Restrict or inhibit any other user from using and enjoying the Communication Services;

    (j) Violate any applicable Code of Conduct or other guidelines which may be applicable to the Communication Service;

    (k) Harvest or otherwise collect information about others, including e-mail addresses, without their consent; or

    (l) Violate any applicable laws or regulations.

    2B Advice reserves the right to terminate your access to the Communication Services at any time without notice or reason whatsoever. 2B Advice has no obligation to monitor the Communication Services. 2B Advice reserves the right to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in 2B Advice’s sole discretion. Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You, the user, are responsible for adhering to any such limitations if you download the materials.

  14. Privacy

    You agree that 2B Advice may use and maintain your data according to the provisions of the Service’s Privacy Policy. You also agree that 2B Advice may aggregate your usage activity and non-personally identifiable data for the following purposes: to ensure and enhance the Service’s operability; to develop new offerings; to perform statistical research in aggregated form, and to conduct market studies to further the field of information privacy and security management.

  15. Limitation of Liability

    (a) 2B ADVICE MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, PRODUCTS, SERVICES AND RELATED GRAPHICS PROVIDED BY THE SERVICE FOR ANY PURPOSE.

    (b) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. 2B ADVICE HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SERVICE INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

    (c) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT IN NO EVENT SHALL 2B ADVICE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR USE OR PERFORMANCE OF THE SERVICE, OUR MODIFICATIONS TO THE SERVICE, OR OUR PROVISION OF OR FAILURE TO PROVIDE THE SERVICE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED BY YOU THROUGH THE SERVICE, OR OTHERWISE ARISING OUT OF YOUR USE OF THE SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE.

    (d) BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE IN ACCORDANCE WITH THE SERVICE REFUND AND CANCELLATION POLICY. Any question can be addressed by calling our toll free number, 1-800-717-1278.

    (e) YOU HEREBY ACKNOWLEDGE THAT INFORMATION PROVIDED BY THE SERVICE MAY CONTAIN INACCURACIES, TYPOGRAPHICAL ERRORS, BUGS OR ERRORS AND 2B ADVICE MAY, WITHOUT OBLIGATION, MAKE IMPROVEMENTS, CORRECTIONS AND/OR CHANGES TO THE SERVICE AT ANY TIME.

  16. Feedback

    If you provide to us, in any way, suggestions or comments regarding the Service you agree that we may use, share, commercialize and exploit any and all such feedback without obligation or liability to you or any third party, in perpetuity. You agree not to submit any feedback that is subject to any third party rights and hereby agree to indemnify us in the event such a third party claims an ownership right in the feedback you may provide.

  17. Termination

    2B Advice reserves the right, in its sole discretion, to terminate your access to the Service, or any portion thereof, in accordance with this Agreement and without notice for any violation of the terms contained in this Agreement.

  18. Indemnification

    You agree to indemnify and hold harmless 2B Advice, 2B Advice’s officers and employees (including directors), 2B Advice’s suppliers and licensors, and 2B Advice’s agents from and against any and all claims, demands, costs, liabilities, judgments, losses, expenses and damages (including attorneys' fees) in connection with your use of the Service, including any additional services it may offer.

  19. Governing Law

    This Agreement will be governed in accordance with the laws of the state of New York, without regard to its principles of conflict of laws. You agree that the terms of the Uniform Computer Information Transactions Act, to the extent applicable to the Service, and your access and use thereof, if at all, do not apply to this Agreement.

  20. Venue

    You agree that any dispute arising under or in connection with this Agreement or related to any matter which is the subject of this Agreement shall be subject to the exclusive jurisdiction of the state and/or federal courts located in New York, NY.

  21. Jurisdictional Issues

    The Service is controlled and operated by 2B Advice and 2B Advice makes no representation that materials or content on or available through the Service are appropriate or available for use in all locations worldwide. You are solely responsible for compliance with local laws, if and to the extent local laws are applicable. Your access to the Service and its services from jurisdictions where the contents of the Service may be illegal or penalized is prohibited.

  22. Intellectual Property Rights

    (a) THE LEGAL FORMS, LEGAL DOCUMENTS, LETTERS, NEWS ARTICLES AND ALL OTHER CONTENT FOUND ON THE SERVICE (“PrIME CONTENT”) ARE PROTECTED BY COPYRIGHT AND ALL OTHER APPLICABLE INTELLECTUAL PROPERTY RIGHTS. PRIME CONTENT IS NOT FOR RESALE AND YOUR USE OF THE SERVICE DOES NOT ENTITLE YOU TO REUSE OR SELL ANY PRIME CONTENT. YOU AGREE THAT YOU WILL NOT RESELL OR OTHERWISE ATTEMPT TO COMMERCIALLY BENEFIT FROM THE PRIME CONTENT WITHOUT THE EXPRESS WRITTEN CONSENT OF 2B ADVICE.

    (b) 2B Advice grants you a limited, non-exclusive license to use PRIME CONTENT for the purpose of managing your data privacy and security compliance obligations and to reproduce PRIME CONTENT as needed only to comply with your organization’s internal data privacy and security compliance requirements. All PRIME CONTENT is owned and copyrighted by 2B Advice and all rights are reserved. You agree not to remove any copyright indications or trademark identifiers. 2B Advice PrIME™ and 2B Advice™ are trademarks of 2B Advice GmbH and may not be used or replicated without the express written consent of 2B Advice GmbH.

  23. General

    (a) You agree that no joint venture, partnership, employment, or agency relationship exists between you and 2B Advice as a result of this Agreement or your use of the Service.

    (B) 2B Advice's performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of 2B Advice’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by 2B Advice with respect to such use.

    (c) If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement shall continue in effect.

    (d) This Agreement constitutes the entire agreement between you and 2B Advice with respect to your use of the Service and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and 2B Advice with respect to the Service excepting offer terms presented by 2B Advice that are hereby incorporated into this Agreement.

    (e) You may not assign or otherwise transfer this Agreement, or any right granted hereunder, without 2B Advice’s written consent.

    (f) 2B Advice’s rights under this Agreement are freely transferable by 2B Advice. Any failure by 2B Advice to enforce or exercise any provision of this Agreement, or any related right, shall not constitute a waiver of that provision or right. Any rights not expressly granted herein are reserved.

    (g) 2B Advice may provide you with notices, including those regarding changes to this Agreement, by email, regular mail, postings on the Service, or other reasonable means now known or hereafter developed. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon, or relating to, this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

PrIME Refund and Cancellation Policy

Subscribers to the PrIME service (the “Service”) may cancel their subscription in accordance with this Refund and Cancellation Policy. 2B Advice will provide a refund only if the circumstances and conditions provided herein are met.

  1. Subscription Renewal Date

    Each subscription will be for a term as defined by the subscription offer. The last calendar day of a subscription term will be the Subscription Renewal Date.

  2. Cancellation and Notification

    TO CANCEL YOUR SUBSCRIPTION YOU MUST NOTIFY 2B ADVICE OF YOUR DESIRE TO CANCEL AT LEAST 30 DAYS BEFORE YOUR SUBSCRIPTION RENEWAL DATE. Any cancellation notice that is given in time will be honored without penalty. Any cancellation notification that is not given in time will be charged the remainder of the term. Your account will remain active for the remainder of the term.

  3. Refunds

    2B Advice shall grant refunds under the following circumstances: If you are not using a trial offer and do not have a 30 day free trial testing period 2B Advice will refund your subscription, at a pro-rated rate, if you notify 2B Advice during the first 30 days of your subscription.

2B Advice PrIME Terms of Service

(04/22/2014)

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