Effective Date 01/01/2021
Please read these Terms carefully. Your use of the Site constitutes your agreement, without modification, to all of the terms, conditions, and notices in the Agreement. If you do not accept the Agreement, you may not use the Site. As used in these Terms, “we,” “our” or “us” refers to B4. “You,” “yours” or other similar designation refers to the person accessing or using the Site.
We reserve the right to change these Terms at any time by posting revised Terms on the Site or by sending an email to the last email address you gave us, so we encourage you to review this web page periodically. The changes will be effective immediately when posted. Your use or continued use of the Site following the posting of any changes to these Terms constitutes your acceptance of the changed Terms.
All of the Site content is subject to copyright, trademark, service mark, trade dress and other intellectual property rights or licenses held by us or our licensors. We grant you a limited license to access and use the Site only to gather information about our organization, products and services and communicate with us through the Site. You may not otherwise use the content displayed on the Site. Other than as set forth above, we and our licensors retain all right, title and interest in and to the Site, and reserve all rights not expressly granted herein.
You may not download (other than page caching) any of the Site. You also may not copy, modify, publish, distribute, transfer or create derivative works from any of the Site or any materials on the Site (including, without limitation, computer programs or other code). You must abide by all trademark and copyright notices, information, or restrictions contained in or attached to any portion of the Site.
Your license to access and use the Site does not include any resale or commercial use of the Site or its contents; any collection and use of any product or service listings, descriptions, or prices; any downloading or copying account information for the benefit of a third party; or any use of data mining, robots, or similar data gathering and extraction tools. You may not visit or otherwise exploit any portion of the Site for any commercial purpose other than your personal purposes without our written consent. You may not frame or utilize framing techniques to enclose any proprietary information (including images, text, page layout, or form) of the Site without our written consent. You may not use any metatags or any other “hidden text” utilizing the name, domain name or trademarks of B4 without our express written consent. Any unauthorized use terminates the permission or license granted by us.
We may change, suspend or discontinue any aspect of the Site at any time, including the availability of any feature, database or content. We may also impose limits on certain features and services or restrict your access to part, or all, of the Site without notice or liability.
You may choose to create an account via the Site in order to use certain features of the Site, make purchases and store Submissions. You agree to provide and maintain your account with accurate and complete information about yourself as prompted by the Site. You will not impersonate any third party or misrepresent your identity or affiliation with any third party, including using another person’s account information, or another person’s name, likeness, voice, image or photograph. In order to create an account, you must be at least 18 years of age. By creating an account, you represent to us that you are at least 18 years old. If you are not, please do not set up an account.
You are responsible for maintaining the confidentiality of your personal information and for restricting access to your account. You are responsible for all activities that occur under your account, and we will not be liable for any actions by any other person that uses your account, identity or personal information with or without your consent or knowledge. You agree to notify us promptly of any unauthorized use of your account, account information, identity, or personal information, or other breach of security that you become aware of involving or relating to the Site or the Services. In addition, you agree to exit from your account at the end of each session.
We do not get involved in disputes over who owns an account. You will not request access to or information about an account that is not yours, and you must resolve any account-related disputes directly with the other party. We decide who owns an account based solely on the information available to us with respect to the account, including, without limitation, the contact information on the account and other information available in the account.
Descriptions, images, references, features, content, specifications, products, price and availability of any products or services are subject to change without notice, and our current prices can be found on our Site. We make reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors.
We reserve the right to correct any errors or mistakes in pricing, product description, or listings that we make on the Site or when processing an order even if we have already requested or received payment. In such case, we may refuse or cancel an order and refund any amounts paid. All purchases are subject to our policies and procedures relating to processing, shipping and handling, returns and exchanges set forth herein and on the Site. All prices are in U.S. dollars.
We reserve the right, without prior notification, to limit the order quantity on any item or to refuse service to any customer. We may cancel an order at any time if we determine that it will not be able to fulfill such order, or for any other reason, and upon any such cancellation will notify you and refund any amounts paid by you for such order. Verification of information may be required prior to the acceptance of any order. Prices and availability of products on the Site are subject to change without notice. All turnaround times and delivery dates are estimates and non-binding. We will ship products as they become available. We will keep you informed of any products that you have ordered that are out of stock and/or unavailable for immediate shipment.
When placing an order, we require your exact billing and mailing address, and any other information we deemed appropriate and necessary to properly process the transaction. Incorrect information will cause your order to be declined. We also have the right to cancel or refuse any order if we determine the billing or mailing address is not accurate or if we suspect fraud or unauthorized or illegal activity. If such is the case, we may reject your order or cancel your account.
From time to time, B4 may conduct sweepstakes or other promotions that entitle the winners to prizes. Each sweepstakes has its own terms and conditions, set forth in the official rules for that promotion.
LINKS TO THIRD PARTY SITES
The Site may contain links to other websites owned or maintained by third parties (“Linked Sites”). The Linked Sites are not under our control, and we are not responsible for the contents of any Linked Site or any changes or updates to a Linked Site. We do not guarantee the accuracy and completeness of the information obtained through any Linked Site. Accordingly, we will not be liable for decisions made based upon information on the Linked Sites. We are not responsible for web casting or any other transmission received from any Linked Site. We provide these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the site or any association with its operators.
USE OF SITE
As a condition of your use of the Site, you warrant that you will not use the Site for any purpose that is unlawful or prohibited by this Agreement. You may not use the Site in a manner that could damage, disable, or impair the Site or interfere with another party’s use of the Site. You may not obtain or attempt to obtain any content through any means not intentionally made available through the Site. You further represent, warrant and covenant that you will not upload, post, distribute or otherwise publish through the Site any materials that (i) restrict any other user from using and enjoying the Site, (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would give rise to civil liability or otherwise violate any law, (iv) violate or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or other proprietary rights, (v) contain a virus or other harmful component, (vi) contain any information, software or other material of a commercial nature, (vii) contain advertising of any kind, or (viii) contain false or misleading indications of origin or statements of fact.
Although we have no obligation to monitor the content provided by you or your use of the Site or the Services, we may do so and may, in our sole discretion, block or remove any content or Submissions (as defined below) or prohibit any use of the Site or the Services that we believe may be (or is alleged to be) in violation of this Agreement. In no case will such monitoring or related action make us responsible or liable for compliance with any laws or other obligations, for which you remain solely responsible and liable.
Any materials submitted by you, including, without limitation, photographs, videos, images, text, graphics and other materials (collectively, “Submissions”) are subject to the following terms and conditions:
Please note that, while you retain ownership of your Submissions, any template or layout in which you arrange or organize such Submissions through tools and features made available through any of our Site are not proprietary to you, and the rights to such template or layout will remain with us.
By posting or submitting your Submissions, you warrant and represent that you own or control all of the rights to your Submissions, including, without limitation, all the rights necessary for you to provide or submit such Submission. You further represent and warrant that the Submissions do not and will not infringe, misappropriate, use or disclose without authorization or otherwise violate any copyright, trademark, trade secret right or other intellectual property or other property right of any third party, and that the Submissions are not unlawful, fraudulent, threatening, abusive, hateful, libelous, defamatory, obscene, confusingly similar to brands or branded products sold by others or otherwise objectionable You acknowledge that, by submitting Submissions through the Site, no confidential, fiduciary, contractually implied or other relationship is created between you and us other than pursuant to this Agreement or applicable federal, state or local law or regulations.
You consent to the use of your likeness, and you have obtained the written consent, release, and/or permission of every identifiable individual who appears in Submissions to use such individual’s likeness, for purposes of using and otherwise exploiting the Submissions in the manner contemplated by these Terms, or, if any such identifiable individual is under the age of eighteen (18), you have obtained such written consent, release and/or permission from such individual’s parent or guardian (and you agree to provide to us a copy of any such consents, releases and/or permissions upon our request). If you do submit a submission that contains the likeness of an identifiable individual under the age of eighteen (18), we strongly encourage you not to include any identifying information (such as the individual’s name or address) with such Submissions.
You agree that we may (but are not obligated to) filter any Submissions (including, without limitation, deleting or replacing expletives or other harmful or offensive language), refuse to use any Submissions (including, without limitation, suspending processing and shipping of any order relating to any Submissions) and/or disclose any Submissions and the circumstances surrounding the use thereof, to any third party in order to provide the applicable products or services, to enforce these Terms or to comply with legal obligations or governmental requests.
Submissions that violate these Terms may be removed from our Site; provided, however, that we have no obligation to remove Submissions in response to user reports or requests. We are not responsible for, and will have no liability for, the removal, non-removal or loss of any Submissions from our Site. We recommend you keep back-up copies of your Submissions on your hard drive or other personal system.
While we are not obligated to review Submissions for copyright or trademark infringement, we are committed to protecting copyrights and trademarks and expect users of our Site to do the same. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any material used or displayed on or through our Site infringes your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on our Site; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.copyright.gov for details. DMCA notices and counter-notices regarding our Site, or notices concerning trademark use in personalized products we make or in our Site, should be sent to:
Building 4 Fabrication LLC
2675 Peachtree Square
Atlanta, Georgia 30360
Attn: artworksB4 DMCA Admin
Some features of the Site permit or require you to submit certain personal information to utilize such features. You agree to provide and maintain accurate and complete information about yourself as prompted by the Site. By providing us with such information, you authorize us and our third party agents to make any inquiries we consider necessary to confirm such information. You will not impersonate any third party or misrepresent your identity or affiliation with any third party, including using another person’s account information, or another person’s name, likeness, voice, image or photograph. You are responsible for maintaining the confidentiality of your personal information and for restricting access to your computer. You agree to notify us promptly of any unauthorized use of your identity, or personal information, or other breach of security that you become aware of involving or relating to the Site.
LIABILITY DISCLAIMER AND LIMITATION
THE SITE AND THE INFORMATION, PRODUCTS, SERVICES, CONTENTS, GRAPHICS, DOCUMENTS AND OTHER ELEMENTS INCLUDED IN OR AVAILABLE THROUGH THE SITE (COLLECTIVELY, THE “CONTENTS”) MAY INCLUDE ERRORS. WE MAY, IN OUR SOLE DISCRETION, MAKE IMPROVEMENTS, DELETIONS, OR OTHER CHANGES IN THE SITE AND THE CONTENTS AT ANY TIME WITHOUT NOTICE, BUT WE ARE NOT REQUIRED TO DO SO. WE MAY IMPOSE LIMITS ON CERTAIN FEATURES AND SERVICES OR RESTRICT YOUR ACCESS TO THE SITE OR TO PORTIONS OF IT WITHOUT NOTICE OR LIABILITY.
PLEASE INFORM B4 OF ANY ERRORS AT [email@example.com].
WE MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS OR ACCURACY OF THE SITE OR THE CONTENTS FOR ANY PURPOSE. THE SITE AND ITS CONTENTS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND, AND WE AND OUR SUPPLIERS DISCLAIM ANY AND ALL WARRANTIES WITH REGARD TO THE SITE, THE CONTENTS AND ANY LINKED SITE, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE, ITS CONTENTS OR ANY LINKED SITE. WE DO NOT WARRANT THAT ANY MATERIAL OR FUNCTIONS IN THE SITE, ITS CONTENT OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE SITE OR THE SERVER IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR THE USE OR PERFORMANCE OF THE SITE OR THE CONTENTS OR ANY ERRORS CONTAINED THEREIN.
IN NO EVENT WILL WE OR OUR AGENTS BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THE SITE, ITS CONTENTS OR ANY LINKED SITE, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, LOSS OF DATA OR PROFITS, LOSS OF OR DAMAGE TO PROPERTY OR CLAIMS OR THIRD PARTIES, WHETHER BASED ON CONTRACT, TORT OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF DAMAGES. IF YOU ARE DISSATISFIED WITH ANY OF THE SITE OR ANY OF THE TERMS OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
We reserve the right, in our sole discretion, to suspend the Site, suspend or terminate your use of the Site (including, without limitation, your account) or terminate this Agreement at any time, without notice, for any reason. Once your account is terminated, we may permanently delete your account and all of the associated data (including, without limitation, any stored Submissions). The Site Content, Accounts, Purchases, Copyright Policy, Use of Site, Submissions, Liability Disclaimer and Limitation, Indemnification, Compliance with Laws and General sections of this Policy will survive any such termination.
You agree to indemnify, defend and hold us and all our directors, officers, agents, employees, suppliers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs incurred by the Indemnified Parties (including, without limitation, reasonable attorneys’ fees and costs) in connection with any claim arising out of or related to (i) your Submissions, (ii) any breach by you of this Agreement or the representations, warranties and covenants contained in this Agreement; (iii) your activities in connection with obtaining any products or services from us, or (iv) any activity related to access to or use of your account by you or any other person. You will cooperate fully with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not settle any action or matter without our written consent.
In addition, you acknowledge and agree that we have the right to seek damages when you use the Site for unlawful purposes, in an unlawful manner, or in a manner inconsistent with the terms of this Agreement, and that such damages may include, without limitation, direct, indirect, special, incidental, cover, reliance or consequential damages. In the event that we are required to respond to a third party or law enforcement subpoena or court order that is related to your use of the Site, we may, in our sole discretion, require you to reimburse us for our reasonable expenses associated with complying with such subpoena or order.
COMPLIANCE WITH LAWS
You represent and warrant that your use of the Site will comply with all applicable laws and regulations. In recognition of the global nature of the Internet, you agree to comply with all local rules where you reside or your organization is located regarding online activities and the Site. Without limiting the generality of the foregoing, you agree to comply with all applicable laws regarding the transmission of technical data exported to or from the United States or the country in which you reside. The Site is controlled and operated by us from our offices within the United States and we make no representation that the Site is appropriate or available for use in other locations. Those who access the Site from other locations do so at their own initiative and risk and are fully responsible for compliance with all applicable laws in those locations. We do not offer the Site or the Products where prohibited by law.
You may not use, remove or export from the United States or allow the export or re-export of the Site, or any direct product thereof, including technical data, in violation of any restrictions, laws, or regulations of the United States or any other applicable country.
THIS AGREEMENT IS GOVERNED BY THE LAWS OF THE STATE OF GEORGIA APPLICABLE TO CONTRACTS MADE AND PERFORMED THERE WITHOUT REGARD TO ITS CONFLICTS OF LAW PRINCIPLES. YOU CONSENT TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE STATE, SUPERIOR AND FEDERAL COURTS HAVING JURISDICTION OVER GWINNETT COUNTY, GEORGIA, IN ALL DISPUTES ARISING OUT OF OR RELATING TO THE USE OF SITE, THE SERVICES OR THIS AGREEMENT, AND YOU WAIVE ANY JURISDICTIONAL, VENUE, OR INCONVENIENT FORUM OBJECTIONS TO SUCH COURTS. If you violate, or threaten to violate this Agreement, then we will have the right, and in addition to all other remedies available we might have in equity or under this Agreement, to affirmative or negative injunctive relief from a court of competent jurisdiction. You acknowledge that a violation of this Agreement would cause irreparable harm and that all other remedies are inadequate. If any part of this Agreement is determined to be invalid or unenforceable by a court of competent jurisdiction, the invalid or unenforceable provision will be deemed eliminated to the minimum extent necessary and the remainder will continue in effect. Any cause of action you may have with respect to your use of the Site must be commenced within one (1) year after the claim or cause of action arises. In any action to enforce this Agreement, we will be entitled to our costs and attorneys’ fees.
None of this Agreement, your account or your obligations or rights hereunder may be transferred or assigned by you without our prior written consent, and any attempted assignment, transfer or other disposition by you in violation of this provision will be null, void and of no force and effect. We may freely assign this Agreement without your consent. This Agreement will inure to the benefit of and be binding upon the permitted successors, legal representatives and assigns of the parties hereto. There will be no third-party beneficiaries to this Agreement. Time is of the essence.