USER AGREEMENT

PLEASE NOTE: By reviewing, using, or purchasing this product, you accept the terms of this User Agreement. Please read this page before proceeding. Thank you.

1. PRODUCT PROVIDER. The products and product features ("Product" or "Products") subject to this agreement and available in this Product are provided by B2B Market Calc LLC ("the Company"). You, the person visiting and utilizing this site, are referred to as "You” or "Your". BY USING THIS PRODUCT, YOU ACKNOWLEDGE THE ELECTRONIC RECEIPT OF, AND YOU AGREE TO BE BOUND BY, THE TERMS OF USE. YOU ALSO AGREE TO BE BOUND BY THE TERMS OF USE BY TAKING OTHER ACTIONS THAT INDICATE ACCEPTANCE OF THE TERMS OF USE.

2. LICENSE. The Company grants to You a non-exclusive, non-transferable license (“License“) to use and display the Product for internal business purposes subject to the limitations contained in this agreement. The Product may be accessed by You or other individuals in Your business. Unless otherwise agreed in writing and except as set forth below, each License is for a term of twelve (12) to eighteen (18) months from the date You are first provided access to the Product. The Company retains all ownership rights (including any copyrights and other intellectual property rights) in the Product, in any form, and You obtain only such rights as are explicitly granted in this agreement. You will not attempt to reverse engineer the Product or access, modify, copy, or derive the source code, of any portion of the Product.

3. DISCLAIMER OF WARRANTY. Though the Company updates the Product to maintain currentness and to promote data accuracy, You acknowledge that the content of the Product and information on this site, including data, logic, and calculations therein, will contain a degree of error. Moreover, You understand that data loses its reliability over time. For this reason, the Company updates the underlying data and algorithms every six (6) months. The Company represents and warrants that all Products, their content, and the updates are performed in a professional, workmanlike manner. You are responsible for determining whether information supplied by the Company via this Product is sufficient and relevant for Your use, and You shall use Your own skill and judgment when relying upon the information. OTHER THAN AS EXPLICITLY STATED IN THIS AGREEMENT, ALL PRODUCT CONTENT AND CALCULATIONS ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS AND, the Company DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, COMPLETENESS, CURRENTNESS, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. The Company DOES NOT WARRANT THAT THE PRODUCT WILL BE UNINTERRUPTED. The Company WILL NOT BE LIABLE FOR ANY LOSS OR INJURY ARISING OUT OF, IN WHOLE OR IN PART, the Company’s CONDUCT IN COLLECTING, COMPILING, CREATING OR INTERPRETING DATA AND INFORMATION.

4. COPYRIGHTS AND OTHER PROPRIETARY RIGHTS. The Product is proprietary to the Company and may include copyrighted works, trade secrets, human capital, or other materials created by the Company at great effort and expense. You will not disclose, contest the validity or the Company’s ownership of, or impair the value of the Product in any way. Each party (that is, You or the Company as "Recipient") will treat all information provided by the other party (that is, You or the Company as "Discloser") that Discloser designates in writing to be confidential in the same manner as Recipient treats its own confidential information; provided that (i) Recipient may share such information with its employees and third-party service providers to Recipient’s business, with a need to know and/or in order to fulfill the obligations pursuant to this agreement that are subject to confidentiality obligations substantially as restrictive as those set forth in this section and (ii) Recipient assumes responsibility for such employee’s and third-party service provider’s use of such information.

5. LIMITATION OF LIABILITY. THE MAXIMUM LIABILITY OF the Company AND IT'S OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, OR AGENTS TO YOU OR A THIRD PARTY ARISING OUT OF OR RELATING TO THE PRODUCT OR THIS AGREEMENT, REGARDLESS OF THE CAUSE OF ACTION OR IN CONNECTION WITH THE WEBSITE IN ANY WAY OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE DUE TO VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT, SOFTWARE, DATA, OR OTHER PROPERTY, WILL NOT EXCEED THE AMOUNT YOU PAID TO LICENSE THE PRODUCT. ANY CLAIMS WILL BE BROUGHT, IN ACCORDANCE WITH THIS AGREEMENT, WITHIN 12 MONTHS OF THE FIRST OCCURRENCE GIVING RISE TO SUCH CLAIMS, OR SUCH CLAIMS WILL BE FOREVER BARRED. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST the Company, SHOULD THE NEED ARISE, ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. The Company SHALL NOT BE LIABLE FOR SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF PROFITS), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

6. ENTIRE AGREEMENT. This agreement constitutes the entire agreement between You and the Company regarding the Product and information contained on or acquired through this site.