Electronic Communications:

When you visit BIT LLC or send e-mails to us, you are communicating with us electronically, and thereby you are consenting to receive communications from us electronically or by other means available. We will communicate with you electronically, or by telephone. It is further understood that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.

Copyright and Licenses:

The entire contents of this website, including but not limited to: Text, graphics, logos, button icons, Flash movies, images, audio clips, digital downloads, data compilations, and software, are the property of  BIT LLC or its content suppliers and are protected by Domestic and International copyright and trademark laws. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute any portion of the website contents without the prior express written consent of BIT LLC.

You may print or download portions of the materials from various areas of this website solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. If you believe any content appearing on our website constitutes a copyright infringement of another parties rights, please contact us immediately at info@bit-llc.com to notify us of this infringement.

Your submissions of files including, but not limited to: Resumes, e-mail, flash movies, images, logos, audio loops, and other software hereby constitutes your agreement to grant  a non-exclusive, royalty-free, worldwide, sub-licensable, perpetual license, to reproduce, distribute, transmit, modify, adapt, sub-license, and publicly display any such submissions, unless otherwise specified by an agreement made in writing by you and BIT LLC. You also grant BIT LLC the right to utilize your name in connection with all advertising, marketing and promotional materials related thereto.

License and Website Access:

Grants you limited license to access and make personal use of this website and not to download (other than for page caching purposes) or modify it, or any portion of it, except with the express written consent of BIT LLC. This website or any portion of this website may not be reproduced, duplicated, adapted, copied, sold, resold, transmitted or otherwise exploited for any commercial purpose without the express written consent of , Inc. You may not frame, or use any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, flash movie, page layout, or form) of  without the express written consent of BIT LLC. You may not use META tags or any other “hidden text” which utilize bit-llc.com, bluegrassinnovative.com or any other derivative of our domain, company name or registered trademarks without the express written consent of BIT LLC. You are hereby granted a limited, revocable, and nonexclusive right to create a hyperlink to the Home Page or any Dynamic Deep Link (DDL) of BIT LLC so long as the link does not portray any false, misleading, derogatory, or otherwise offensive matter.

It is further understood and agreed that BIT LLC cannot and does not guarantee or warrant that files made available for downloading through the BIT LLC website will be free of infection or viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties. It is your responsibility for implementing sufficient safeguards and procedures to ensure that any files obtained through  are free from such contaminations.

Disclaimer of Warranty/Limitation of Liability:

THIS WEBSITE AND RELATED INFORMATION IS PROVIDED BY BIT LLC ON AN “AS IS” AND “AS AVAILABLE” BASIS. BIT LLC MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND, OR AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, BIT LLC OR PRODUCTS INCLUDED ON THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BIT LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BIT LLC DOES NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM BIT LLC ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BIT LLC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

BIT LLC USES REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION ON THIS WEBSITE. BIT LLC ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY TYPOGRAPHICAL OR OTHER ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE. IN THE EVENT THAT A PRODUCT IS LISTED AT AN INCORRECT PRICE OR WITH OTHER INCORRECT INFORMATION, BIT LLC SHALL HAVE THE RIGHT TO REFUSE OR CANCEL ANY ORDERS PLACED FOR THE PRODUCT LISTED INCORRECTLY. IF A PRODUCT OFFERED BY BIT LLC IS NOT AS DESCRIBED, YOUR SOLE REMEDY IS TO RETURN IT TO BIT LLC FOR A REFUND. ALL POSTAGE REQUIRED TO RETURN A PRODUCT WILL BE AT THE BUYER’S EXPENSE.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Third Party Links Linked websites are not under the control of BIT LLC and BIT LLC is not responsible for the contents of any linked site or any link contained in a linked site.  BIT LLC provides links to you only as a convenience, and the inclusion of any link does not imply or constitute an endorsement by BIT LLC of the site.

Applicable Law By visiting the BIT LLC website, you agree that the laws of the state of Kentucky, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and BIT LLC.

Proposals:
Proposals are valid for 14 days and are non-binding. Pricing is subject to change upon the full scope of the project.

Project Scope:
Prior to the commencement of work, all projects will be fully scoped and a list of duties created. A contract, or Web Work Agreement, will be drawn accordingly. Should the scope exceed the initial quotation, BIT LLC will submit a proposal for approval before proceeding.

Fees:
Initial deposit is required before work on the web project begins. The balance is to be paid on completion and acceptance by the client prior to making the website accessible to the public.

Additional Fees:
If the quantity of materials delivered by the client exceed the number of agreed upon pages, or if programming differs from the duties specified in the Web Work Agreement, additional fees may apply. Moreover, the client will reimburse BIT LLC for expenses of production not included in the Web Work Agreement. These expenses could include copy writing, digital photography, and stock photography. These fees will be invoiced after the completion of the web project.

Payment:
It is required that all clients have an email account for the receiving of invoices. Payment is due on receipt of invoice.

Non-Payment:
 Client must pay all invoices upon due date. Failure to pay in full monthly all outstanding balances without a pre-existing payment agreement will result in disabling of website and a forfeiture of all ownership to client’s website domain, website content, website development work, and email content. Client may receive back ownership of all content only when BIT LLC receives full payment for all outstanding balances on client’s account. BIT LLC may also seek settlement and restitution of all outstanding balance via bank draft via e-check.

Project Materials:

All materials required for the production of the project that are not included in the Web Work Agreement will be provided by the client. These include copy, photographs, digital media, and logos. Materials will be delivered in electronic format for PC, or additional fees may incur for typing, scanning, and file conversion. Copy provided will be proofread and edited.  BIT LLC is not responsible for proofreading and editing of materials provided by the client.

Domain Transfers of Domain to BIT:

BIT will charge a minimum of $100 administrative fee per domain for transfer of your existing domain(s).  Domain DNS pointer configuration will be included.

Transfers of your Domains, Hosting, Email and Website Content:

You can receive your domain, email and website content from BIT at anytime.  BIT will charge a minimum of $1000 for transferring any applicable website content such as website domains, website content, website database and email from BIT to your registrar or developer.  This charge does not include any outstanding balances that may exist.  These charges are to cover our administrative efforts and activities that are required to remove client content from BIT resources.  All domains and website content will remain the property of BIT until all transfer fees and outstanding balances are paid.  Any client unpaid balance will nullify the owner’s claim to website domain, website content and or any other content that remain under the care of BIT. 

Disputes:

Any dispute relating in any way to your visit or access of the  website or to the products or services you purchase through the  website shall be submitted to binding arbitration in Fayette County, Kentucky, except that, to the extent you have in any manner violated or threatened to violate ’ intellectual property rights,  may seek injunctive or other appropriate relief in any state or federal court in the state of Kentucky, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these Terms & Conditions shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms & Conditions shall be joined to an arbitration involving any other party subject to these Terms & Conditions, whether through class arbitration proceedings or otherwise.

Indemnification:

You agree to indemnify, defend and hold harmless BIT LLC, its officers, directors, owners, partners, employees, agents, licensors, suppliers and any third party information provider to the website from and against all losses, expenses, damages and ‘costs, including attorney’s fees, resulting from any violation of these Terms & Conditions (including negligent or wrongful conduct) by you or your use and access of the  website.

Agreement of Terms and Conditions:

As a BIT client you will agree to all terms and conditions in this document.

 

Revision: January 1st, 2012