License and Subscription Terms of License Agreement
Last Updated: 04/02/2010 - Revision 1.03
B4 SYSTEMS DESIGN, INC. offers Subscription Services, as described below. Use of the Subscription Service will be subject, in addition to all the other terms of the license Agreement, to the terms described here. The Subscription Service is a subscription service that you must pay to enroll, and you will be charged on a recurring basis for your continued membership. If we make any changes to these terms and conditions that you do not wish to accept, your only remedy is to terminate your subscription membership.
Agreement to Pay. By completing the Subscription Service registration, you authorize B4 SYSTEMS DESIGN, INC. to charge applicable recurring subscription fees to your designated billing payment method. Monthly subscribers are billed on a 30-day cycle, which begins upon Subscription Service registration and ends 30 days thereafter (each a "Subscription Month"). Quarterly subscribers are billed on a 90-day cycle, which begins upon Subscription Service registration and ends 90 days thereafter (each a "Subscription Quarter"). Yearly subscribers are billed on a yearly cycle (365 days), which begins upon Subscription Service registration and ends 1 year thereafter (each a "Subscription Year"). If your billing payment method changes during the term of your subscription plan, you must immediately update the billing payment method associated with your B4 SYSTEMS DESIGN, INC. account. If B4 SYSTEMS DESIGN, INC. is unable to charge your billing payment method for an installment, B4 SYSTEMS DESIGN, INC. may: (i) immediately suspend or terminate your B4 SYSTEMS DESIGN, INC. account, (ii) seek collection of the outstanding amount owed under the subscription plan and/or (iii) seek legal action against you for breach of this Agreement.
Terms of free trial periods. Free trial periods may be offered to you for initial sign-ups, specials, and other discounts. The free trial period requires you to provide a billing payment method via subscription to the service. There is no initial charge for the free trial and there are no charges placed on your card during the free trial period. You may cancel your free trial at anytime before the free trial period is up and you will not be charged. If you continue to use the service past the free trial date, you will be billed automatically at your subscription rate.
Billing Authorizations for Free Trial Memberships. You may be required to provide billing payment method to register for a free trial offer to the Subscription Service. In that event, you agree that B4 SYSTEMS DESIGN, INC. may obtain a pre-authorization for the fee amount that you will be charged if you complete the free trial and continue a Subscription Service membership. It is possible that some financial institutions may perceive these requested amounts as actual pending charges. These are not actual charges however, and B4 SYSTEMS DESIGN, INC. will not be responsible for any results, such as an overdraft fee, that may occur to your account because of them.
Right to Change Subscription Fees. All subscription fees are subject to change on a prospective basis upon notice from B4 SYSTEMS DESIGN, INC. Notice will be given more than 30 days in advance. If you do not accept the new fees, you should terminate your subscription immediately.
Cancellation. You can cancel your license or subscription, or downgrade your "B4 SYSTEMS DESIGN, INC." subscription by delivering notice to B4 SYSTEMS DESIGN, INC. via phone or email. B4 SYSTEMS DESIGN, INC. will reasonably attempt to return a cancellation confirmation to your email address. You should retain this confirmation as a record of your cancellation. Cancellation of a license will take effect after the completion of the current month of the license term. If you cancel your license or subscription with less than a month (31 days) left on the license, B4 SYSTEMS DESIGN, INC. will not refund any remaining portion of your subscription fees. Cancellation will take effect at the end of the billing period during which you deliver notice to B4 SYSTEMS DESIGN, INC. If you cancel your account near the end of your billing period and are charged for the next month's fee, please contact B4 SYSTEMS DESIGN, INC. to have that charge refunded. If you cancel a discounted plan (Quarterly or Yearly plans), you will be refunded a prorated amount. You will be charged the full 1 month price for each month under 3 consecutive months and the 3 month price for each quarter under a year. The difference will be refunded back to you.
CHARGES / BILLING
Agreement to Pay. You agree to pay a license fee to access the B4 SYSTEMS DESIGN, INC. services each month. By subscribing to the Service, B4 SYSTEMS DESIGN, INC. may charge a recurring fee to your billing payment method. If you wish to make any changes to your license plan or billing, contact B4 SYSTEMS DESIGN, INC. immediately.
Right to Change Prices. All prices for products within the Service are subject to change by B4 SYSTEMS DESIGN, INC. at any time.
Taxes. Prices quoted are generally inclusive of any applicable taxes, including sales taxes. B4 SYSTEMS DESIGN, INC. reserves the right to change this policy at any time.
MODIFICATIONS TO SERVICE
B4 SYSTEMS DESIGN, INC. reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice to you, without any liability to you or to any third party.
You agree that any unauthorized use of the Service, the Software, the Database, the Files or any related software or materials would result in irreparable injury to B4 SYSTEMS DESIGN, INC. and/or its affiliates or licensors for which money damages would be inadequate, and in such event B4 SYSTEMS DESIGN, INC., its affiliates and/or licensors, as applicable, shall have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief against you. Nothing contained in this Agreement shall be construed to limit remedies available pursuant to statutory or other claims that B4 SYSTEMS DESIGN, INC., its affiliates and/or licensors may have under separate legal authority.
You agree to indemnify and hold harmless B4 SYSTEMS DESIGN, INC. and its agents, employees, representatives, licensors, affiliates, parents and subsidiaries from and against any and all claims, losses, demands, causes of action and judgments (including attorneys' fees and court costs) arising from or concerning your breach of this Agreement and your use of the Service, the Software, the Database, the Files, or the Materials and to reimburse them on demand for any losses, costs or expenses they incur as a result thereof.
B4 SYSTEMS DESIGN, INC. may in its sole discretion terminate this Agreement or suspend your account at any time without notice to you in the event that you breach (or B4 SYSTEMS DESIGN, INC. reasonably suspects that you have breached) any provision of this Agreement. If B4 SYSTEMS DESIGN, INC. terminates this Agreement, or suspends your account for any of the reasons set forth in this paragraph, it shall have no liability or responsibility to you, and B4 SYSTEMS DESIGN, INC. will not refund any amounts that you have previously paid.
You understand and agree that your cancellation of your account and Service membership is your sole right and remedy with respect to any dispute with B4 SYSTEMS DESIGN, INC.