Terms and Conditions
Updated
July 2021
The
following Terms of Service (“Terms”) set out the relationship between you, or
the organization that you represent (hereinafter “you” or “your”) and
BetterUnite or the division, affiliate, or subsidiary you are contracting with
(hereinafter “BetterUnite”), regarding your use of any of BetterUnite’s
websites, mobile applications, online databases, products, or related services,
or solutions (collectively, the “Services”). Throughout these Terms, “us,”
“our,” and “we” refers to BetterUnite.
Acceptance of
the Terms
The
Services are available to users who are 18 years of age or older. Your access
to and use of our Services is subject to the Terms outlined herein. By
accessing or using our Services, you agree to these Terms. If you do not agree
to these Terms, do not use our Services. Any new features or functionalities
that are added to any Service shall also be subject to these Terms. You are
advised to check these Terms from time to time for any updates or changes that
may impact you. Some Services may have additional terms that will apply in addition
to these Terms.
Use of
Services
You
are granted a limited, non-exclusive, and non-transferable license to access
and use the Services for your benefit. You may use the Services only in
compliance with these Terms and any applicable local, state, national, and
international laws, rules, and regulations. You are responsible for obtaining
any equipment or internet access necessary to use the Services. You are
required to submit accurate and complete information when utilizing the
Services, but BetterUnite has no obligation to verify the accuracy of
information you submit.
Use
Prohibitions
You
cannot use the Services for competitive research, and you agree that neither
your organization, nor any person accessing the Services by means of your
organization’s account, will, directly or indirectly, reverse engineer,
decompile, disassemble or otherwise attempt to discover the source code or
underlying ideas or algorithms of the Services; modify, translate or create
derivative works based on the Services; or rent, license, lease, distribute,
assign or otherwise transfer rights to the Services. You must notify us of any
change in your eligibility to use the Services.
You
shall not use the services in any manner that could damage, disable,
overburden, impair or harm any server, network, computer system, resource of
BetterUnite. You shall not use any bots, scrapers, spiders, crawlers, or
similar technologies on any component of the Services. You shall not send or
post commercial communications through the Services.
You
cannot use the Services for illegal purposes, or for the transmission of
content that is unlawful, defamatory, harassing, discriminatory, libelous,
invasive of another’s privacy, abusive, threatening, harmful, vulgar,
pornographic, obscene, contains viruses or malicious code, is otherwise
objectionable, or which infringes or may infringe intellectual property or
other rights of us or anyone else or attempts to impersonate anyone else.
User Accounts
To
access certain components of the Services, you must sign up for a user account
and provide us with certain required information. You agree to be solely
responsible for providing us with true, accurate, current, and complete
information and for maintaining the confidentiality of your username, password,
account credentials, and other sensitive information. You are responsible for
all activities that occur in your user account, and you agree to inform us
immediately of any unauthorized use of your user account by email to Support@BetterUnite.
Users
When
you sign up for an account for your organization you may specify one or more
users/administrators. The administrator(s) can configure the Services based on
your requirements and manage end users in your organization account. You are
responsible for (i) appointing authorized individuals
as administrators, and (ii) ensuring that all activities that occur in
connection with your organization account comply with the Terms. You understand
that BetterUnite is not responsible for account administration and internal management
of the Services for you. You are responsible for ensuring that your
organization maintains control of the administrator accounts.
Confidentiality
You
agree to keep business information and trade secrets of BetterUnite and any
user account information confidential unless such information becomes known to
the public generally without your fault and except to the extent that
disclosure may be required by law, regulation, or legal process. We reserve the
right to access, read, preserve, and disclose any information you submit
through the Services to the extent necessary to (i)
satisfy any applicable law, regulation, legal process or governmental request;
(ii) enforce these Terms, including without limitation, investigation of
potential violations; (iii) detect, prevent, or otherwise address fraud,
security or technical issues; (iv) respond to support requests; or (v) protect
the rights, property or safety of us, our users, and the public.
Intellectual
Property
All
intellectual property rights in our Services remain with us or our licensors.
We do not grant you any right to use any logo, trademark, or other of our
intellectual proper-ty unless required for you to use the Services.
License of
Data
Subject
to these Terms, we grant you a worldwide, non-exclusive, non-sublicensable and
non-transferable license to use (i.e., to download and display locally) the
Services. Any unauthorized use, reproduction, modification, distribution,
transmission, republication, display or performance of the Services or any
component thereof is strictly prohibited. You may copy information from the
Services only as strictly necessary for your own use of the Services.
Otherwise, no portion of the Services may be reproduced, duplicated, copied,
sold, resold, licensed, rented, or otherwise exploited for any commercial
purpose that is not expressly permitted by BetterUnite. The commercial use or
public dissemination of any information and data gathered from BetterUnite is
strictly prohibited, unless specifically authorized in writing.
You
retain ownership of the data you provide in connection with the Services,
except that you grant BetterUnite a limited license to use any data you provide
in connection with the Services to: (i) provide you with
the Services; (ii) support and improve the Services; (iii) collate, aggregate,
analyze, or combine such data in aggregate or summary form (“Aggregate Data”).
All rights title and interest in Aggregate Data shall be owned exclusively by
BetterUnite for BetterUnite’s unrestricted use.
User
Generated Content
You
may transmit or publish content through the Services. You shall be solely
responsible for such content and the consequences of its transmission or
publication. If you make any copyrighted content available on the Services, you
affirm that you have the authorization to make such content available. Further,
by making any content available, you expressly agree that BetterUnite will have
the right to block access to or remove such content for any or no reason in its
sole discretion. If you believe that any content in our Services violates your
copyright, please send us a notice of the copyright infringement to the address
identified in the “Contact” section of these Terms. BetterUnite will review such
notice and take those actions it deems appropriate in its sole and absolute
discretion against validated infringers.
Privacy
Personal
information you provide to BetterUnite through the Services is governed by
the
BetterUnite Privacy Policy
. Your election
to use the Services indicates your acceptance of the terms of the BetterUnite
Privacy Policy.
Communications
from BetterUnite
The
Services may include certain communications from BetterUnite, such as service
announcements, administrative messages and newsletters. You may opt out of
receiving newsletters, but you cannot opt out of receiving service
announcements and administrative messages.
Fees and
Payments
The
Services are available under subscription plans of various durations or as a
free service, subject to variable and configurable transaction-based fees.
Payments for subscription plans of a duration of less than a year can be made
only by Credit Card or Direct Debit/ACH bank account withdrawal. Your
subscription will be automatically renewed at the end of each subscription
period, if available, or inform us that you do not wish to renew the
subscription. At the time of automatic renewal, the subscription fee will be
charged to the Credit Card or Direct Debit/ACH bank account last used by you.
If you do not wish to renew the subscription, you must inform us at least
thirty (30) days prior to the renewal date. Prepayments are nonrefundable. From
time to time, we may change the price of any Service. Any increase in charges
will not apply until the expiration of your then-current billing cycle. Certain
consulting services, support, or other assistance are not included in
subscription fees, and will be billed at a separate rate.
Third-Party
Integration and Content
We
may make available third party products or services
through hyperlinks or otherwise. Any use by you of such third-party products or
services is solely between you and the applicable third-party provider. We do
not warrant or support third-party applications, products, or services. If you
install or enable a third-party application for use with any of our Services,
you grant us permission to allow the provider of that application to access
your data. We are not responsible for any disclosure, modification, or deletion
of your data resulting from any third-party application. We or third parties
may disable integrated applications at any time without prior notice to you.
Certain
portions of the Services may contain unedited or third-party content. All
third-party postings, messages, text, images, links, or other materials
published or otherwise made available by third parties through the Services are
the sole responsibility of those third parties. BetterUnite has no obligation
to monitor, does not control and does not investigate or validate such
third-party content, but reserves the right at all times to remove it.
BetterUnite makes no representations or warranties regarding third-party
content and is not responsible or liable in any manner for it.
Disclaimer
of Warranties
YOU
EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE
RISK. THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. BETTERUNITE
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE. BETTERUNITE MAKES NO WARRANTY THAT THE
SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. USE OF ANY
MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT
YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE
TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS
FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR
INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM BETTERUNITE, ITS
EMPLOYEES, OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN
THE TERMS.
Limitation
of Liability
TO
THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL BETTERUNITE
OR ITS LICENSORS, SERVICE PROVIDERS, AFFILIATES, OFFICERS, DIRECTORS, MANAGERS,
MEMBERS, EMPLOYEES, AGENTS, OR REPRESENTATIVES, OR THEIR RESPECTIVE SUCCESSORS
OR ASSIGNS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY,
INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE,
EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOST
PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS, LOSS OF PROGRAMS, OR OTHER
LOSSES, COSTS, OR DAMAGES SUFFERED OR INCURRED AS A RESULT OF THE USE OF OR
INABILITY TO USE THE SERVICES, OR SUFFERED OR INCURRED AS A RESULT OF FAULTS,
INTERRUPTIONS, OR DELAYS IN THE USE OF THE SERVICES OR ANY COMPONENT OF THE
SERVICES, OR OUT OF ANY INACCURACIES, ERRORS, OR OMISSIONS IN THE CONTENT OF
THE SERVICES, OR ANY OTHER INFORMATION IN THE SERVICES, REGARDLESS OF HOW SUCH
FAULTS, INTERRUPTIONS, DELAYS, INACCURACIES, ERRORS, OR OMISSIONS ARISE, EVEN
IF FORESEEABLE AND EVEN IF WE HAVE BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL BETTERUNITE BE
LIABLE FOR ANY LOSSES OR DAMAGES, IN THE AGGREGATE, IN EXCESS OF THE AMOUNT
PAID BY YOU FOR THE SERVICES WITHIN THE PAST 12 MONTHS.
Arbitration
Any
controversy or claim arising out of or relating to the Terms or Services shall
be settled by binding arbitration in accordance with the commercial arbitration
rules of the American Arbitration Association, or for any non-United States of
America based organizations, the Association for International Arbitration. Any
such controversy or claim shall be arbitrated on an individual basis and shall
not be consolidated in any arbitration with any claim or controversy of any
other party. The decision of the arbitrator shall be final and unappealable.
The arbitration shall be conducted in the State of Texas, and judgment on the
arbitration award may be entered into any court having jurisdiction thereof.
Notwithstanding anything to the contrary, BetterUnite may at any time seek
injunctions or other forms of equitable relief from any court of competent
jurisdiction.
You
agree that regardless of any statute or law to the contrary, any claim or cause
of action arising out of, related to or connected with the Services or these
Terms must be filed within one (1) year after such cause of action arises.
Modification
to Terms
We
may modify and/or change the Terms at any time and without prior notice to you.
If BetterUnite modifies these Terms, it will post the updated Terms on online,
email to you, or otherwise provide them to you in accordance with applicable
law. By continuing to use the Services after BetterUnite has posted a
modification of these Terms, you agree to be bound by the modified Terms. If
the modified Terms are not acceptable to you, your only recourse is to
discontinue using the Services.
Suspension
and Termination
We
may suspend or terminate your account, and the associated use of all Services
for cause including without limitation your breach or default of any obligation
set forth in these Terms, the Privacy Policy, or any other agreement you have
with us, or due to your breach of applicable law, without advance notice. In
all other circumstances, either party may terminate within thirty (30) days of
receipt of written notice of termination. Termination of the user account will
include denial of access to all Services, deletion of information in your user
account such as your email address and password, and deletion of all data in
your user account, although we reserve the right to maintain archival data for
the purposes set forth in these Terms. We reserve the right to discontinue
fully or partially, at any time and from time to time, temporarily or
permanently, any of the Services with or without notice to you. You agree that
BetterUnite will not be liable to you or to any third party for any harm
related to, arising out of, or caused by the modification, suspension, or
discontinuance of any of the Services or of your account for any reason.
Severability
If any
provision of these Terms, or the application thereof, is found invalid or
unenforceable, that provision will be amended to achieve as nearly as possible
the intended effect of the original provision and the remainder of these Terms
will remain in full force.
Governing Law
These
Terms shall be governed by and construed in accordance with the internal laws
of the State of Texas without giving effect to any choice or conflict of law
provision or rule.
Contact
If
you have any questions or concerns regarding these Terms, you can contact us
at:
Email: support@betterunite.com
Phone: +1-512-806-0425