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TERMS AND CONDITIONS OF USE AND SERVICE
THESE TERMS AND CONDITIONS OF USE AND SERVICE ("TERMS") GOVERN YOUR
USE OF THIS WEB SITE WWW.BETTERNETWORKER.COM AND OTHER WEB SITES
(COLLECTIVELY, "SITE") OWNED OR OPERATED BY BETTERNETWORKER LLC
("BETTERNETWORKER" OR "WE"). THESE TERMS BECOME EFFECTIVE BETWEEN YOU
AND BETTERNETWORKER UPON INITIALLY CLICKING THE ACCEPT BUTTON WHEN YOU
FIRST BECOME A CUSTOMER OR A MEMBER. YOU AGREE THAT ANY FUTURE ACCESS
TO THIS SITE INDICATES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE
TERMS. THESE TERMS ARE SUBJECT TO CHANGE BY BETTERNETWORKER AT ANY
TIME IN ITS DISCRETION. YOUR USE OF THIS SITE AFTER SUCH CHANGES ARE
IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE
CHANGES. PLEASE CONSULT THESE TERMS OF USE PRIOR TO EVERY USE FOR ANY
CHANGES.
ACCESS TO THIS SITE
YOU MUST BE EIGHTEEN (18) YEARS OR OLDER TO ACCESS THIS WEB SITE. IF
YOU ARE UNDER EIGHTEEN (18) YEARS OF AGE, YOU ARE NOT PERMITTED TO
ACCESS THIS WEB SITE FOR ANY REASON. DUE TO THE AGE RESTRICTIONS FOR
USE OF THIS WEB SITE, NO INFORMATION OBTAINED BY THIS WEB SITE FALLS
WITHIN THE CHILDREN'S ONLINE PRIVACY PROTECTION ACT ("COPPA") AND IS
NOT MONITORED AS DOING SO.
To access this Site or some of the resources it has to offer, you may
be asked to provide certain registration details or other information.
It is a condition of your use of this Site that all the information
you provide on this Site will be correct, current, and complete. If
BetterNetworker believes the information you provide is not correct,
current, or complete or you have breached these Terms, we have the
right to refuse you access to this Site or any of its resources, and
to terminate or suspend your access at any time, without notice.
RESTRICTIONS ON USE
You may use this Site for purposes expressly permitted by this Site.
You may not use this Site for any other purpose, including any
commercial purpose, without BetterNetworker's express prior written
consent. For example, you may not (and may not authorize any other
party to) (i) co-brand this Site, (ii) frame this Site, or (iii)
hyper-link to this Site, without the express prior written permission
of an authorized representative of BetterNetworker. For purposes of
these Terms of Use, "co-branding" means to display a name, logo,
trademark, or other means of attribution or identification of any
party in such a manner as is reasonably likely to give a user the
impression that such other party has the right to display, publish, or
distribute this Site or content accessible within this Site. You agree
to cooperate with BetterNetworker in causing any unauthorized
co-branding, framing, or hyper-linking immediately to cease.
PROPRIETARY INFORMATION
The material and content (hereinafter referred to as the "Content")
accessible from this Site, and any other World Wide Web Site owned,
operated, licensed, or controlled by BetterNetworker, are the
proprietary information of BetterNetworker or the party that provided
the Content to BetterNetworker, and BetterNetworker or the party that
provided the Content to BetterNetworker retains all right, title, and
interest in the Content. Accordingly, the Content may not be copied,
distributed, republished, uploaded, posted, or transmitted in any way
without the prior written consent of BetterNetworker, or unless
authorized in writing elsewhere on our Site, except that you may print
out a copy of the Content solely for your personal use. In doing so,
you may not remove or alter, or cause to be removed or altered, any
copyright, trademark, trade name, service mark, or any other
proprietary notice or legend appearing on any of the Content.
Modification or use of the Content except as expressly provided in
these Terms of Use violates BetterNetworker's intellectual property
rights. Neither title nor intellectual property rights are transferred
to you by access to this Site.
HYPER-LINKS
This Site may be hyper-linked to other Sites that are not maintained
by, or related to, BetterNetworker. Hyper-links to such Sites are
provided as a service to users and are not sponsored by or affiliated
with this Site or BetterNetworker. BetterNetworkerhas not reviewed any
or all of such Sites and is not responsible for the content of those
Sites. Hyper-links are to be accessed at the user's own risk, and
BetterNetworker makes no representations or warranties about the
content, completeness, or accuracy of these hyper-links or the Sites
hyper-linked to this Site. Further, the inclusion of any hyper-link to
a third-party Site does not necessarily imply endorsement by
BetterNetworker of that Site.
SUBMISSIONS
You hereby grant to BetterNetworker the royalty-free, perpetual,
irrevocable, worldwide, non-exclusive right and license to use,
reproduce, modify, adapt, publish, translate, create derivative works
from, distribute, perform, and display all content, remarks,
suggestions, ideas, graphics, or other information communicated to
BetterNetworker through this Site (together, hereinafter known as the
"Submission"), and to incorporate any Submission in other works in any
form, media, or technology now known or later developed.
BetterNetworker will not be required to treat any Submission as
confidential, and may use any Submission in its business (including,
without limitation, for products or advertising) without incurring any
liability for royalties or any other consideration of any kind, and
will not incur any liability as a result of any similarities that may
appear in future BetterNetworker operations. BetterNetworker will
treat any personal information that you submit through this Site in
accordance with its Privacy Policy as set forth on this Site.
BY CLICKING ACCEPT TO THESE TERMS, YOU AGREE TO THE THEN CURRENT
COMPANY PRIVACY POLICY AND THE EARNINGS DISCLAIMER AS INTEGRATED
HEREIN AND INCORPORATED BY REFERENCE TO THESE TERMS. IF YOU DO NOT
AGREE TO THESE TERMS, THE PRIVACY POLICY OR THE EARNINGS DISCLAIMER,
PLEASE DO NOT CLICK THE "ACCEPT" BUTTON AND CEASE USE OF THIS SITE AND
OUR SERVICES. NOTE THAT EACH OF THESE POLICIES MAY BE CHANGED FROM
TIME TO TIME AT BETTERNETWORKER'S DISCRETION AND WITHOUT NOTICE,
EXCEPT WITH A NEW LAST UPDATED DATE.
CONSENT TO AUTOMATED PHONE CALLS
BY CLICKING THE ACCEPT BUTTON TO THESE TERMS, YOU HEREBY CONSENT THAT
BETTERNETWORKER MAY PLACE AUTOMATED AND LIVE PHONE CALLS TO THE NUMBER
YOU PROVIDE. FOR MORE INFORMATION, SEE SECTION 16 CFR 310.
DISCLAIMER
You understand that BetterNetworker cannot and does not guarantee or
warrant that files available for downloading from the Internet will be
free of viruses, worms, Trojan horses, or other code that may manifest
contaminating or destructive properties. You are responsible for
implementing sufficient procedures and checkpoints to satisfy your
particular requirements for accuracy of data input and output, and for
maintaining a means external to this Site for the reconstruction of
any lost data. BetterNetworker does not assume any responsibility or
risk for your use of the Internet.
The Content is not necessarily complete and up to date and should not
be used to replace any written reports, statements, or notices
provided by BetterNetworker. Investors, borrowers, and other persons
should use the Content in the same manner as any other educational
medium and should not rely on the Content to the exclusion of their
own professional judgment. Information obtained by using this Site is
not exhaustive and does not cover all issues, topics, or facts that
may be relevant to your goals. YOUR USE OF THIS SITE IS AT YOUR OWN
RISK. The Content is provided as is and without warranties of any
kind, either expressed or implied. BetterNetworker disclaims all
warranties, including any implied warranties of merchantability,
fitness for a particular purpose, title, or non-infringement.
BetterNetworker does not warrant that the functions or Content
contained in this Site will be uninterrupted or error free, that
defects will be corrected, or that this Site or the server that makes
it available are free of viruses or other harmful components.
BetterNetworker does not warrant or make any representation regarding
use, or the result of use, of the Content in terms of accuracy,
reliability, or otherwise. The Content may include technical
inaccuracies or typographical errors, and BetterNetworker may make
changes or improvements at any time. You, and not BetterNetworker,
assume the entire cost of all necessary servicing, repair, or
correction IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF
THIS SITE OR ITS CONTENT. BETTERNETWORKER MAKES NO WARRANTIES THAT
YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND
ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH
CONTENT. All of the information posted by BetterNetworker in this
Site, whether historical in nature or forward-looking, speaks only as
of the date the information is posted on this Site, and
BetterNetworker does not undertake any obligation to update such
information after it is posted or to remove such information from this
Site if it is not, or is no longer, accurate or complete. You agree
that BetterNetworker does not have any obligation to monitor or
correct information that has been posted by other customers or third
parties on this Site.
LIMITATION ON LIABILITY
BETTERNETWORKER, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE
PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND
DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT,
PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES,
INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL
DISTRESS, OR SIMILAR DAMAGES, EVEN IF BETTERNETWORKER HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE
LIABILITY OF BETTERNETWORKER AND ITS SUBSIDIARIES, AFFILIATES,
LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS,
OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF
ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT YOU
HAVE PAID TO BETTERNETWORKER FOR THE APPLICABLE CONTENT, PRODUCT, OR
SERVICE OUT OF WHICH LIABILITY AROSE ("Cumulative Liability Cap").
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR
EXCLUSIONS OF DAMAGES, SO SUCH DISCLAIMERS OR EXCLUSIONS MAY NOT APPLY
TO YOU. NOTWITHSTANDING THE PRIOR SENTENCE, YOU AGREE THAT, IF
BETTERNETWORKER IS FOUND LIABLE, BETTERNETWORKER'S CUMULATIVE
LIABILITY WILL BE CAPPED AT THE CUMULATIVE LIABILITY CAP SET FORTH
ABOVE.
INDEMNITY
You will indemnify and hold BetterNetworker, its subsidiaries,
affiliates, licensors, Content providers, service providers,
employees, agents, officers, directors, and contractors (hereinafter
known as the "Indemnified Parties") harmless from any claim or demand,
including reasonable attorneys' fees, made by a third party due to or
arising from any breach of these Terms of Use by you, including any
use of Content other than as expressly authorized in these Terms, or
any violation of any law or rights of any third party. You agree that
the Indemnified Parties will have no liability in connection with any
such breach or unauthorized use, and you agree to indemnify and hold
harmless Indemnified Parties from and against any and all resulting
loss, damages, judgments, awards, costs, expenses, and attorneys' fees
of the Indemnified Parties in connection therewith. You will also
indemnify and hold the Indemnified Parties harmless from and against
any claims brought by third parties arising out of your use of the
information accessed from this Site.
NOTICES
Legal notices shall be served on BetterNetworker's national
registered agent and to you via your e-mail address that you provide
to BetterNetworker during the initial registration process.
TRADEMARKS
Trademarks, service marks, and logos appearing in this Site are the
property of BetterNetworker or the party that provided the trademarks,
service marks, and logos to BetterNetworker. BetterNetworker and any
party that provided trademarks, service marks, and logos to
BetterNetworker retain all rights with respect to any of their
respective trademarks, service marks, and logos appearing in this
Site.
INFORMATION YOU PROVIDE
You may not post, send, submit, publish, or transmit in connection
with this Site any material that:
* you do not have the right to post, including proprietary material
of any third party;
* advocates illegal activity or discusses an intent to commit an
illegal act;
* is vulgar, obscene, pornographic, or indecent;
* does not pertain directly to this Site;
* threatens or abuses others, libels, defames, invades privacy,
stalks, is obscene, pornographic, racist, abusive, harassing,
threatening, or offensive;
* seeks to exploit or harm children by exposing them to
inappropriate content, asking for personally identifiable details, or
otherwise;
* infringes any intellectual property or other right of any entity
or person, including violating anyone's copyrights or trademarks or
their rights of publicity;
* violates any law or may be considered to violate any law;
* impersonates or misrepresents your connection to any other entity
or person or otherwise manipulates headers or identifiers to disguise
the origin of the content;
* advertises any commercial endeavor (e.g., offering for sale
products or services) or otherwise engages in any commercial activity
(e.g., conducting raffles or contests, displaying sponsorship banners,
and/or soliciting goods or services) except as may be specifically
authorized on this Site;
* solicits funds, advertisers, or sponsors;
* includes programs that contain viruses, worms, and/or Trojan
horses or any other computer code, files or programs designed to
interrupt, destroy or limit the functionality of any computer software
or hardware or telecommunications;
* disrupts the normal flow of dialogue, causes a screen to scroll
faster than other users are able to type, or otherwise acts in a way
that affects the ability of other people to engage in real-time
activities via this Site;
* includes MP3 format files;
* amounts to a "pyramid" or similar scheme;
* disobeys any policy or regulations established from time to time
regarding use of this Site or any networks connected to this Site; or
* contains hyper-links to other Sites that contain content that
falls within the descriptions set forth above.
Although under no obligation to do so, BetterNetworker reserves the
right to monitor use of this Site to determine compliance with these
Terms of Use, as well as the right to remove or refuse any information
for any reason. Notwithstanding these rights, you remain solely
responsible for the content of your submissions. You acknowledge and
agree that neither BetterNetworker nor any third party that provides
Content to BetterNetworker will assume or have any liability for any
action or inaction by BetterNetworker or such third party with respect
to any submission.
SECURITY
Any passwords used for this Site are for individual use only. You
will be responsible for the security of your password (if any).
BetterNetworker will be entitled to monitor your password and, at its
discretion, require you to change it. If you use a password that
BetterNetworker considers insecure, BetterNetworker will be entitled
to require the password to be changed and/or terminate your account.
You are prohibited from using any services or facilities provided in
connection with this Site to compromise security or tamper with system
resources and/or accounts. The use or distribution of tools designed
for compromising security (e.g., password guessing programs, cracking
tools, or network probing tools) is strictly prohibited. If you become
involved in any violation of system security, BetterNetworker reserves
the right to release your details to system administrators at other
Sites in order to assist them in resolving security incidents.
BetterNetworker reserves the right to investigate suspected
violations of these Terms of Use.
BetterNetworker reserves the right to fully cooperate with any law
enforcement authorities or court order requesting or directing
BetterNetworker to disclose the identity of anyone posting any e-mail
messages or publishing or otherwise making available any materials
that are believed to violate these Terms of Use.
BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS
BETTERNETWORKER FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY
BETTERNETWORKER DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR
FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER
BETTERNETWORKER OR LAW ENFORCEMENT AUTHORITIES.
ADVERTISING DISCLAIMER
This Site may contain third-party advertisements and links to
third-party Sites. BetterNetworker does not make any representation as
to the accuracy or suitability of any of the information contained in
those advertisements or Sites and does not accept any responsibility
or liability for the conduct or content of those advertisements and
Sites and the offerings made by the third parties. Third-party
advertisements and links to other Sites where goods or services are
advertised are not endorsements or recommendations by BetterNetworker
of the third-party Sites, goods, or services. Your access to or use of
them is at your own risk.
EXTERNAL LINKS DISCLAIMER
BetterNetworker provides links to external Web Sites solely as a
service to our users. These links do not, in any way, constitute an
endorsement of the linked pages or any commercial or private issues or
products or services contained therein, and none should be inferred.
BetterNetworker makes no warranty or representation concerning the
content of these sites, or secondary Sites from the pages to which
they link.
These external Web Sites were initially checked by BetterNetworker,
and are periodically re-evaluated to confirm they are still active and
relevant, but they may have changed since last reviewed.
REFUNDS, BILLING, AND CANCELLATION
In the case of a paid membership, our monthly membership comes with a
14-day trial period, while our annual membership does not. A valid
credit card is needed to start a membership.
For the monthly membership, we will charge your card for $1
immediately. At the end of the monthly membership trial period, we
will charge your card for the full monthly amount. When purchasing a
monthly membership, you agree to pay the monthly amount (after the
trial) until you choose to cancel.
For the annual membership, we will charge your card for the full
annual amount immediately. When purchasing an annual membership, you
agree to pay the annual amount until you choose to cancel.
Note: In some circumstances due to technical error or credit card
issues, funds may be authorized for purchase but not collected. The
authorization may show up on your statement as a charge, but you will
not be billed. The funds are usually held by the credit card issuer
for a period of 5 business days, at which time they will expire.
You are under no obligation and you can cancel at any time by
contacting support using the on the top navigation menu on our Web
Site. You may also contact us by phone at 1-877-401-3423, or by postal
mail at the following address:
BetterNetworker LLC
300 West 6th Street, Suite 2200
Austin, Texas 78701
There are no refunds for the monthly or annual membership, all sales
are final.
BetterNetworker bills monthly memberships in 30-day increments from
your anniversary date, and annual memberships in one-year increments
from your anniversary date.
Charges will show up as "BetterNetworker.com" on your statement.
SERVICE LEVEL AGREEMENT
To ensure optimal performance of the servers, BetterNetworker will
perform routine maintenance on the servers on a regular basis,
requiring servers to be removed from service. From time to time
services may be unavailable for a short period of time.
BetterNetworker, in the best of its ability, will perform maintenance
during off-peak hours.
Emergency maintenance and downtime may also occur without notice. Due
to this, in some instances, the Site may be unavailable during peak
hours.
BetterNetworker, under the best of its ability, will try to obtain at
least 99% uptime. In cases where paid membership is involved, no
compensation will be granted for downtime to paid members.
BetterNetworker will do its best to provide notice of scheduled
maintenance and downtime, but it is not guaranteed.
MISCELLANEOUS
These Terms of Use will be governed and interpreted pursuant to the
laws of Texas, United States of America, notwithstanding any
principles of conflicts of law. You specifically consent to personal
jurisdiction in Texas in connection with any dispute between you and
BetterNetworker arising out of these Terms of Use or pertaining to the
subject matter hereof. The parties to these Terms of Use each agree
that the exclusive venue for any dispute between the parties arising
out of these Terms of Use or pertaining to the subject matter of these
Terms of Use will be in the state and federal courts in Austin, Travis
County, Texas. If any part of these Terms of Use is unlawful, void, or
unenforceable, that part will be deemed severable and will not affect
the validity and enforceability of any remaining provisions. These
Terms of Use constitute the entire agreement among the parties
relating to this subject matter. Notwithstanding the foregoing, any
additional terms and conditions on this Site will govern the items to
which they pertain. BetterNetworker may revise these Terms of Use at
any time by updating this posting. This agreement sets forth the
entire understanding and agreement between you and BetterNetworker
with respect to the subject matter hereof. The following Sections
shall survive termination of these Terms: proprietary information,
submissions, disclaimer, limitation of liability, indemnity, notices,
and this provision.
Last updated: June 3rd, 2011. I agree with the I represent
that all information I provide on this website is and will be true,
accurate, and complete.
To welcome you as our newest member, we have a special gift we'll be
sending to your e-mail inbox immediately upon joining.
Fill out the form on the left to get started, and we'll see you on
the next page...
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