Legal

 

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

Copyright Notice. © 2018 The B3 Method Institute. All rights reserved.

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 NONINFRINGING. 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

THE B3 METHOD INSTITUTE

Privacy Policy

8-28-18

PRIVACY POLICY

IMPORTANT: YOUR USE OF THE B3 METHOD INSTITUTE WEBSITE CONSTITUTES YOUR ACCEPTANCE OF THIS PRIVACY POLICY

This is the Privacy Policy of The B3 Method Institute (also referred to herein as “we," or "us"). If you have any questions about this Privacy Policy, please contact us using the contact information provided on The B3 Method Institute website.

This Privacy Policy is one component of the terms and conditions which govern your relationship with us.

This Privacy Policy explains the types of information The B3 Method Institute may collect and what we do with such information.

The B3 Method Institute recognizes the importance of privacy and have attempted to conform this Privacy Policy to applicable industry standards and practices existing at the time of its posting. We welcome your feedback. This Privacy Policy provides you information on the following areas:

  1. Use of The B3 Method Institute website by people under the age of 18;

  2. The information The B3 Method Institute collects, and whether this includes any data that could potentially identify a specific individual (“Personally Identifiable Information” or “PII”);

  3. What The B3 Method Institute does with your information, and how we share your information;

  4. Security measures in place to protect against the loss, misuse or alteration of information under our control;

  5. Choice and Correcting/Updating/Deleting/Deactivating Personal Information; and

  6. Changes to the Privacy Policy.

1. Use of The B3 Method Institute website by children under the age of 18

If you choose to access The B3 Method Institute website, you are representing to The B3 Method Institute that you are over the age of 18. We encourage parents to be aware of the online habits of their children. We urge parents to instruct their children to never give out their real names, addresses or phone numbers, without permission, when using the Internet. We recognize a special obligation to protect personal information obtained or received from children. Therefore, with respect to children under the age of 18, no information should be submitted nor posted to The B3 Method Institute website.

If for any reason you are concerned that we have obtained your child's personally identifiable information (“PII”) in error and/or you wish to have your child's PII deleted from our records, or if you want us to discontinue further collection or use of your child's PII, please contact The B3 Method Institute immediately.

2. Information we may collect, and whether this includes Personally Identifiable Information

We may obtain information about you in different ways: Information you voluntarily provide. When you sign up for an account with The B3 Method Institute, we ask you to provide information that may include PII such as your name, address, account username and password. The information voluntarily provided by you during the registration process may also include or naturally entail other demographic information which is not personally identifying, such as gender, preferred language, age, occupation, household income, ZIP code or country. We do not collect credit card information because if you pay us by credit/debit card, your payment is made through a third party processor. We urge you to carefully review the privacy policy of the third party processor prior to making a payment by credit/debit card.

If you authorize us to access your social network user data such as your Facebook® user data, we will automatically receive and record any information you have allowed us to access on your social network user account. As noted below, you can opt not to disclose such information to us.

When you email us or otherwise communicate with us, we may store copies of such communications. This can result in the collection of PII such as your email address and your IP address as well as other information such as the routing of your communication and the date and time of your communication.

Please be aware that all transmissions between you and us, including emails, URLs, cookie identification numbers, usage paths, and any PII they might contain, pass through many third party machines, operating systems, programs, browsers, web servers, networks, routers, Ethernet switches, ISPs, proxy servers, intranets, the public telephone systems, or other devices, any of which may create activity logs of such transmissions which are outside of our control.

Information we may collect from your use of the B3 Method Institute website. Server Logs. Our servers automatically record information that your browser sends and the Uniform Resource Locator ("URL") of the web page from which you came to us when you visit B3 Method Institute website. These server logs may include information such as your Internet Protocol ("IP") address, browser type, browser language, date and time of your request, search terms and may include a domain name and the date/time for each page you view. We also collect the name of and information about any advertisement or other link that brought you to us. This information does not personally identify you.

Cookies. “Cookies” are small files that collect information. We may send one or more cookies to your computer to obtain information verifying that you are one of our users, to maintain a history of your visits to The B3 Method Institute website, to enable basic web traffic analysis using Google Analytics™ and/or to capture information about page visits (ex. showing us which areas of our website are popular and which areas are not often visited, which allows us to improve our website). Most browsers are initially set up to accept cookies, but you can reset your browser to refuse all cookies or to indicate when a cookie is being sent. If you are concerned about the use of cookies, you can change your web browser settings to notify you whenever a cookie is set or to disallow cookies altogether. You should be aware that prohibiting the use of cookies will significantly restrict access to certain types of content or features.

Geo-Location Information. Some devices, mobile or otherwise, allow applications to access real-time location-based information (for example, GPS). Our mobile apps collect such information from your mobile device whenever you use our mobile apps. If you upload photos and/or videos to our website, they may contain recorded location information. If you do not wish to share files embedded with your geo-location information with us, please do not upload them. If you don't want to store location data in your photos or videos, please consult the documentation for your camera, phone or other device to turn off that feature.

3. What we do with the information we collect/store and how we may share the information

The B3 Method Institute uses IP addresses to diagnose problems with our servers and to administer The B3 Method Institute website. Your IP address also is used by The B3 Method Institute to gather broad demographic information, such as your general geographic location and internet service provider. IP addresses are further used to help determine the number of our users to maintain efficient administration of our services. This demographic information may also be used by The B3 Method Institute to analyze aggregate usage behavior.

The B3 Method Institute DOES NOT use your PII other than in the course of performing services for you and collecting payment for those services from you. The B3 Method Institute may combine the information you voluntarily submit to us with information from third parties in order to improve the quality of our services.

The B3 Method Institute may display and make accessible information that you choose to share or make public, such as testimonials regarding our services.

The B3 Method Institute may need to use information we collect from you in order to fulfill our obligation to provide you with certain services. As a natural part of providing those services, The B3 Method Institute may share such information with our employees, subcontractors, service providers (ex.data storage, database management, etc.), which we will do on an as-needed basis.

The B3 Method Institute may share your PII, IP address, uploaded content and communications with law enforcement or other governmental agencies if and to the extent we have a good faith belief that it is reasonably necessary to (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce agreements or resolve disputes between you and us, including investigation of potential violations thereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, or (d) protect against imminent harm to the rights, property or safety of our company, its users or the public. The B3 Method Institute will disclose any information in our possession or control that is directly responsive to subpoenas, court orders, or other legal or governmental inquiries and such information might be used by the receiving party to determine your identity.

The B3 Method Institute may be required to transfer your information to another business entity if we become involved in a merger or the sale of some or all of our assets. If this occurs, The B3 Method Institute will notify you if such a transaction results in your information being subject to a different privacy policy.

The B3 Method Institute may need to share your information with a third party when you choose to access The B3 Method Institute website or communicate with us through a third party’s application (ex. a mobile device application). The B3 Method Institute is not responsible for what such third parties may do with your information. Before accessing The B3 Method Institute website or communicating with The B3 Method Institute using any third party applications, please make sure that you trust the third party and that the application’s privacy policy is acceptable to you.

The B3 Method Institute may use your information to send you required notices about your account, email newsletters and marketing promotions.

4. Security measures used to protect against the loss, misuse or alteration of information under our control

The security of your information is important to The B3 Method Institute. When a secure connection is established between your browser and a website, any data that is transferred over that connection will be encrypted to prevent it from being viewed by a third party. If The B3 Method Institute collects information from your computer, we encrypt it while it's being transferred to us. Once your information reaches our secure servers, The B3 Method Institute employs certain safeguards, such as maintaining firewalls and having an intrusion detection system in order to protect the confidentiality, security and integrity of the information we maintain. Unfortunately, as with any information travelling over the internet and kept in servers, The B3 Method Institute cannot guarantee absolute security. For more information on how your software establishes a secure connection, click the “Help” tab for your particular browser.

When The B3 Method Institute works with third parties, we require that they maintain the confidentiality, security and integrity of the information and commit that the information is not used for any prohibited purpose. Additionally, The B3 Method Institute uses commercially reasonable computer security safeguards to protect our databases and servers against risks of loss, unauthorized access, destruction, misuse, modification, or inadvertent or improper disclosure of data. These include internal reviews of our data collection, storage and processing practices and security measures, as well as physical security measures to guard against unauthorized access to systems where we store personal data. Unfortunately, security risks cannot be completely eliminated and The B3 Method Institute therefore cannot guarantee complete security.

If you send The B3 Method Institute an email, you should know that email is not necessarily secure against interception. Therefore, if your communication will include sensitive information like your bank account, credit/debit card data or social security number and you prefer not to transmit it electronically, please contact The B3 Method Institute by postal mail or telephone rather than email. The B3 Method Institute does not send emails asking for a user's username and password or its Windows® username and password or any other username or password.

5. Choice and Correcting/Updating/Deleting/Deactivating Personal Information

The B3 Method Institute understands and respects that people have different privacy concerns. Our goal is to be clear about what information we collect and how it may be used, so that you can make meaningful choices. For example, you can:

  • Cancel your account at any time;

  • Decline to submit requested information (please note that this may affect The B3 Method Institute’s ability to provide services

    to you);

  • Control what information you post in public profiles and who you share information with;

  • Set your browser to block all cookies, including cookies associated with our services, or to indicate when a cookie is being set by us (please note that this may affect The B3 Method Institute’s ability to provide services to you).

If The B3 Method Institute proposes to use your PII for any purposes other than those described in this Privacy Policy, The B3 Method Institute will offer you an effective way to opt out of such use.

If you would like for us to change or delete any of your PII in our possession or control, please contact us via email or through the Customer Support link on our website.

6. Changes to this Privacy Policy

This Privacy Policy may change from time to time. You are responsible for periodically reviewing this Privacy Policy for any applicable changes. You agree that your continued use of The B3 Method Institute website following any changes to this Privacy Policy will constitute your acceptance of such changes. If you do not agree to any changes The B3 Method Institute makes to the Privacy Policy, your only remedy is to discontinue your use of The B3 Method Institute website.

Last Updated: July 4, 2018