This legal document is meant to create an Agreement between the user and 4ib, Inc., referred to as ‘4ib’ hereinafter. Before using any of the services or tools provided by the 4ib website (www.4ib.com) and its sub-domains and related websites, you, the user, must agree to be bound by the terms and conditions presented in this document. The terms and conditions that apply to 4ib and its subdomains and related websites (which, hereinafter will be collectively referred to as the ‘Site’) may be updated by 4ib in the future.
Your acceptance of the terms and conditions presented in this document is implicit in your using, purchasing, or viewing the tool(s), service(s), or content in the Site. The same terms and conditions universally apply to separate Agreements as well, whether they are written in nature or are incorporated by reference into any such Agreement and are to be considered as if fully set forth therein.
THE TERMS AND CONDITIONS OUTLINED IN THIS AGREEMENT APPLY TO YOUR USAGE OF THE SITE AND THE SERVICES PROVIDED BY 4IB OR ANY OF 4IB’S AFFILIATES OR SUBSIDIARIES.
RULES OF BEHAVIOR REGARDING THIS WEBSITE
CONFIDENTIALITY OF CODES, PASSWORDS, AND INFORMATION
It is hereby agreed that the following information will be kept strictly private and confidential by you:
Also, you agree any of this information will not be copied or divulged to another person or party whatsoever. The security of your password is your sole responsibility and any damage or losses due to a lack of security of codes/passwords on your part are your losses to sustain.
Following the United States copyright law and trademark law, the laws of the State of California, and other international treaties and agreements, the contents of 4ib’s Site are protected. According to the United States copyright law and patent law, the various software, tools, services, including but not limited to the programming and scripts used by 4ib are protected.
Also, the following information is protected by the United States International Copyright Laws and Treaties, and under any circumstance, may not be copied, published, reengineered, decompiled, translated, mirrored, hosted, or otherwise distributed by any means without explicit written permission of 4ib:
The trademarks on the Site cannot be used or reproduced without express written permission from the owner(s) of the trademark(s) as they are protected by law.
4ib may, in its sole discretion, terminate your “right” to use the services, tools, and content on the 4ib Site without providing you prior notice and at any time for any reason.
Notice for Claims of Intellectual Property Violations and Agent for Notice (Digital Millennium Copyright Act)
If an account of a user infringes on the intellectual property rights of others, 4ib may terminate access to services or terminate the account as per its discretion. 4ib Inc. is a Service Provider registered with the United States Copyright Office (refer to the Digital Millennium Copyright Act 17 U.S.C. § 512).
If you believe that intellectual property has been used without your express written consent or that your work was copied such that it constituted copyright infringement, please provide the following information to 4ib’s personnel dedicated to resolving your issue:
4ib’s designated personnel to address your copyright infringement concerns can be contacted at the following addresses:
228 Park Ave S
New York, New York 10003-1502 US
Email Address: firstname.lastname@example.org
All services provided by 4ib are provided on an as-is basis and without any express/implied warranties: This includes 4ib’s products, tools, services, APIs, and programs, including those that are not on the website but provided through a contractual agreement or arrangement. 4ib disclaims express or implied warranties of merchantability and fitness for a designated purpose. 4ib does not warrant that any service, tool, or material presented on the Site will be free of errors or uninterrupted, or that the Site or the Site’s server will be virus-free or other malware and harmful elements, or that such errors and defects will be corrected. 4ib does not provide a warranty or make any representations of the accuracy, reliability, returns (economic or otherwise), risk of injury to your computer regarding the consequences of using the Site and its various services, tools, products, and content. Since the applicable law in this scenario may not allow for the exclusion of implied warranties, such exclusions may not apply to you, and no warranties of any earnings or commercial gain are made to you in any way.
4ib, shall under no circumstances, out of contingency or negligence, be liable for any damages that occur because of the use/inability to use the suite of services/tools/products provided by the Site or outside of the site (facilitated by separate contractual arrangements), even if 4ib has been informed by you about the possibility of such damages.
Under no circumstances shall 4ib’s total liability to you exceed the amount of $100 (One Hundred US Dollars) for any such losses, damages, and causes of action in tort, contract, or any other legal theory (including but not limited to negligence). This is because the applicable law may not allow the exclusion of liability for incidental/consequential damages, and thus the mentioned limitation may not apply to you.
You agree that any civil claim of any nature as a result of your usage of any tool, service, or product on the Site or through separate contractual agreements will not be held against 4ib, or its affiliated stakeholders (officers, investors, partners, affiliates, advertisers) and employees, and they will be defended by you and harmless from such claim(s).
For all third-party extensions or other offerings available to you on the Site or affiliated services via separate agreements, 4ib disclaims all liability.
CANCELLATION OF PROGRAMS, TOOLS, AND SERVICES
4ib may, at any time and without notice to you, discontinue or cancel any or all of its tools, products, services, and programs provided on the Site.
This Agreement, along with any separate agreements regarding the provision of all services by 4ib shall be governed by and construed in accordance with the internal laws of the State of California, excluding the body of laws that is known as choice of law/conflict of laws. All disputes, controversies or claims (apart from intentional or unintentional criminal acts/civil wrongs committed by you) arising out of or relating to this Agreement are subject to the provisions of this Section and will be resolved through mandatory binding arbitration conducted in Los Angeles, California, before J.A.M.S./ENDISPUTE or its successor ("JAMS" i.e., Judicial Arbitration and Mediation Services, Inc.) pursuant to the United States Arbitration Act, 9 U.S.C. Section 1, et seq. (the "Act"); and (iii) this Agreement. This arbitration will be carried out in accordance with the provisions of J.A.M.S.’s Streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration (the "JAMS Rules"), and it will be subject to the provisions of this Section. All the terms mentioned in this Agreement will be in control in case there is ever an inconsistency between the JAMS rules and the terms herein. All related parties will ensure full cooperation with JAMS and with each other by promptly selecting a single arbitrator from JAMS’s panel of neutrals. In the event that all the parties are unable to select an arbitrator within 30 days after the date of either of the parties’ notice of demand to conduct arbitration, then JAMS will appoint an arbitrator in accordance with the JAMS Rules. The award of the arbitrator will be in writing and will place findings of fact and conclusions of law. The resulting judgment regarding the arbitrator’s award shall thus be binding for all the parties and final and may be entered in any court having the jurisdiction thereof. If JAMS or its successor is not any longer in business, then the arbitration will be conducted in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitrator’s fees will be shared equally by the parties and each party will bear its costs and the attorneys’ fees. All documents or evidence (written or oral), presented in connection with the arbitration, or filed regarding the proceeding will be deemed by the parties as well as the arbitrator as confidential information of both parties. The arbitrator who is chosen in accordance with these provisions will not have the power to alter, amend or otherwise affect the terms of these arbitration provisions or the provisions of this Agreement. Notwithstanding the foregoing, nothing in this Section shall prevent either party from applying for and obtaining from a court a temporary restraining order and/or other injunctive relief.
Last Update: March 2020