Terms of Service
Last revised: March 18, 2024
ACCEPTANCE OF TERMS
Betterleave Inc. (“Betterleave”) provides (i) technology-enabled services, including the Software as a Service offering branded as Betterleave, the website at http://www.betterleave.com, any Mobile Apps (as defined below), and other related software, content, and services, including all versions and upgrades thereto (collectively, the “Services") and (ii) bereavement care coordination services (“Bereavement Services”). Your use of the Services and the Bereavement Services are subject to and governed by the terms and conditions in this Terms of Service (“TOS”). Betterleave may, at its discretion, update this TOS at any time. You can access and review the most current version of this TOS at the URL for this page or by clicking on the “Terms of Service” link within the Services, or as otherwise made available by Betterleave.
PLEASE REVIEW THIS TOS CAREFULLY. BY REGISTERING FOR AN ACCOUNT OR OTHERWISE ACCESSING OR USING THE SERVICES OR BEREAVEMENT SERVICES, YOU AGREE TO BE BOUND BY THIS TOS, INCLUDING ANY UPDATES OR REVISIONS POSTED HERE OR OTHERWISE COMMUNICATED TO YOU. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS TOS, YOU MAY NOT ACCESS OR USE THE SERVICES OR THE BEREAVEMENT SERVICES.
IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR DIAL “911” IMMEDIATELY.
THIS TOS REQUIRES FINAL AND BINDING ARBITRATION TO RESOLVE ANY DISPUTE OR CLAIM ARISING OUT OF OR RELATING IN ANY WAY TO THIS TOS, OR YOUR ACCESS TO OR USE OF THE SERVICES OR THE BEREAVEMENT SERVICES, INCLUDING THE VALIDITY, APPLICABILITY OR INTERPRETATION OF THIS TOS, AND YOU AGREE THAT ANY SUCH CLAIM WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION, ARBITRATION OR OTHER SIMILAR PROCESS. PLEASE REVIEW SECTION 13 CAREFULLY TO UNDERSTAND YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO THE RESOLUTION OF ANY CLAIM.
You represent and warrant that you: (a) are of legal age to form a binding contract; (b) have the right, authority, and capacity to agree to and abide by this TOS; (c) are not a person barred from using the Services or the Bereavement Services under the laws of any applicable jurisdiction; (d) have read and understood the information about the collection and use of your personal data as set forth in our Privacy Policy; and (e) have read and understood the information about all communications we provide to you electronically set forth in our Electronic Communications Consent.
. THE SERVICES AND THE BEREAVEMENT SERVICES ARE NOT INTENDED FOR USERS UNDER THE AGE OF 13, AND SUCH USERS ARE EXPRESSLY PROHIBITED FROM SUBMITTING ANY PERSONAL DATA OR USING ANY ASPECT OF THE SERVICES OR THE BEREAVEMENT SERVICES, AND BY TAKING SUCH ACTIONS YOU AGREE, REPRESENT, AND WARRANT THAT YOU ARE 13 YEARS OF AGE OR OLDER.
NO FINANCIAL ADVICE OR LEGAL ADVICE
(a) BETTERLEAVE DOES NOT INCLUDE THE PROVISION OF FINANCIAL ADVICE OR LEGAL ADVICE BY BETTERLEAVE. BETTERLEAVE DOES NOT ENGAGE IN THE PRACTICE OF LAW FINANCIAL ADVISORY, AND BETTERLEAVE DOES NOT INTERFERE WITH THE PRACTICE OF FINANCIAL ADVISORY OR LAW BY ANY OF THE PROFESSIONALS AND FACILITIES OFFERING THEIR SERVICES VIA THE SERVICES OR THE BEREAVEMENT SERVICES (“PROFESSIONALS”). FURTHERMORE, THE CONTENT ON THE SERVICES OR AS OTHERWISE PROVIDED VIA THE BEREAVEMENT SERVICES ARE NOT CONSIDERED MEDICAL, FINANCIAL OR LEGAL ADVICE AND ARE NOT A SUBSTITUTE FOR YOUR OWN MEDICAL, FINANCIAL OR LEGAL ADVICE OR MEDICAL DIAGNOSIS OR TREATMENT.
(b) Professionals who deliver services through the Services or the Bereavement Services are independent professionals with their own licensure and are solely responsible for providing you with such services. Betterleave provides the Services and the Bereavement Services, as applicable as a means to connect with such Professionals and Betterleave shall not be liable for any professional advice, diagnosis or treatment you obtain from a Professional via the Services or the Bereavement Services. Furthermore, you are solely responsible for your interactions with Professionals and any other parties you interact with through the Services and the Bereavement Services and Betterleave has no obligation to intercede in any such disputes.
(c) Betterleave does not endorse or recommend: (i) any Professional; (ii) any financial packages or products; (iii) any specific medical tests, providers, products, procedures, medications, devices, opinions, or diagnoses; (iv) any legal decisions or advice; or (v) any other information or advice that may be provided to you by a Professional. Furthermore, Betterleave shall not be liable to you or to anyone else for any decision made or action taken by anyone (including, without limitation, you) in reliance on information about Professionals on the Services or Bereavement Services or in reliance on any information communicated to you by any Professional.
RIGHTS AND BEREAVEMENT SERVICES
(a) Bereavement Services. Betterleave may also offer and provide Bereavement Services, which shall be subject to these TOS. You shall perform the tasks and fulfill the responsibilities specified and requested by Betterleave in connection with the Bereavement Services (the “User Bereavement Services Responsibilities”). Betterleave’s performance of the Bereavement Services is subject to your completion of the Use Bereavement Services Responsibilities in a timely manner.
(b) Grant. Subject to and conditioned on your compliance with this TOS, Betterleave hereby grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable license solely to use the Services only for your personal, non-commercial use. Your access to and use of the Services must further comply in all material respects with all usage guidelines posted by Betterleave.
(c) Mobile Apps. Betterleave may make available mobile software applications for access to and use of certain components of the Services (collectively, “Mobile Apps”). Your access to and use of Mobile Apps is subject to and governed by this TOS. If any Mobile App is downloaded by you from the iTunes App Store (each, an “iOS Mobile App”), your use of such iOS Mobile App is further subject to your compliance in all material respects with the terms and conditions of the Usage Rules set forth in the iTunes App Store Terms of Service. This TOS is between you and Betterleave only, and not with Apple Inc. (“Apple”) or any other app store provider, and Apple is not responsible for iOS Mobile Apps and the contents thereof; however, Apple and Apple’s subsidiaries are third-party beneficiaries of this TOS with respect to iOS Mobile Apps.
(d) Trademarks. You may not use the Betterleave names, brands, trademarks, service marks and logos that Betterleave makes available on the Services (“Marks”). Betterleave claims trademark protection over all such Marks and you will not use the Marks except as expressly authorized herein. You will not remove or alter the Marks or any proprietary notices on the Services. The Marks may not be included in or as part of any registered corporate name, any other logo, or service or product name. You may not create any derivative works of the Marks or use the Marks in a manner that creates or reasonably implies an inaccurate sense of endorsement, sponsorship, or association with Betterleave. You will not otherwise use business names or logos in a manner that can mislead, confuse, or deceive any third party. All use of the Marks and all goodwill arising out of such use, will inure to Betterleave’s benefit.
PRIVACY POLICY
In addition to this TOS, the Betterleave Privacy Policy at https://www.betterleave.com/app/privacy (“Privacy Policy”) applies to how Betterleave may process information provided as part of the Services. You acknowledge and agree that by accessing or using the Services, Betterleave may receive certain information about you, including personal data, as set forth in the Privacy Policy, and Betterleave may collect, use, disclose, store, share, and process such personal data in accordance with such Privacy Policy.
PROPRIETARY RIGHTS
(a) You grant Betterleave and its service providers a perpetual, irrevocable, worldwide, royalty-free, fully-paid-up, non-exclusive, sublicensable, transferable license to use, reproduce, modify, adapt, create derivative works from, publicly perform, publicly display, distribute, make and have made all content (in any form and any medium, whether now known or later developed) that you provide in connection with the Services (“User Content”). You acknowledge and agree that the technical processing and transmission of data associated with the Services, may require: (i) transmissions over various networks and across borders; and (ii) modifications to conform, connect, and adapt to technical requirements of networks or devices. Any provision or use of User Content by you is entirely at your own risk.
(b) The Services provided to you hereunder or available to you through the Services are licensed, not sold, and Betterleave retains and reserves all rights not expressly granted in this TOS. You acknowledge and agree that, as between you and Betterleave, Betterleave and its licensors owns all rights, title and interest (including all intellectual property rights) in the Services and all data, content, and other materials within the Services. The Services are protected by U.S. and international copyright and other intellectual property laws and treaties. Betterleave reserves all rights not expressly granted to you in this TOS.
(c) You may not share your account or password with anyone. You are fully responsible for all activities that occur under your account. You agree to notify Betterleave immediately of any unauthorized use of your account or password or any other similar breach of security. If your account remains inactive for three months or longer, Betterleave reserves the right to suspend or terminate your account, with or without notice to you, and delete your content all without liability.
(d) You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the Services. By providing your mobile number and email address when using the Services, You hereby affirmatively consent to our use of your mobile number for calls and/or text messages and email address for email messages in order to provide the Services (standard data and messaging rates or other charges from your wireless carrier may apply). You may opt out of receiving text messages from us by contacting us at hello@betterleave.com.
USER CONDUCT AND RESTRICTIONS
(a) In your use of the Services, you will not: (i) use, reproduce, modify, adapt, create derivative works from, sublicense, publicly perform, publicly display, distribute, sell, lease, rent, make, have made, assign, pledge, transfer or otherwise grant rights to the Services, except as expressly permitted under this TOS; (ii) reverse engineer, disassemble, decompile, translate, or otherwise attempt to derive trade secrets, algorithms, or the source code, architectural framework, or data records, within or associated with the Services; (iii) interfere with or disrupt the integrity or performance of the Services, including by disrupting the ability of any other person to use or enjoy the Services; (iv) provide use of the Services on a service bureau, rental or managed services basis, provide or permit other individuals or entities to create Internet "links" to the Services or "frame" or "mirror" the Services on any other server, or wireless or Internet-based device; (v) access the Services for the purpose of developing, marketing, selling or distributing any product or service that competes with or includes features substantially similar to the Services; (vi) violate any applicable local, state, provincial, federal or international law or regulation, or use the Services for any illegal, unauthorized or otherwise improper purposes, including to store or transmit malicious code, or to store or transmit material in violation of third-party privacy rights; (vii) remove or obscure any proprietary notice that appears within the Services;(viii) impersonate any person or entity, including Betterleave personnel, or falsely state or otherwise misrepresent your affiliation with Betterleave, or any other entity or person;(ix) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Services;(x) take any action that imposes an unreasonable or disproportionately heavy load on the Services or its infrastructure; or(xi) use spiders, crawlers, robots, scrapers, automated tools or any other similar means to access the Services; or download, reproduce, or archive any substantial portion of the Services.
(b) You will not: upload, post, email, store, transmit, or otherwise make available any content that: (i) is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or otherwise objectionable; (ii) may not be made available under any law or under contractual or fiduciary relationships (such as confidential or proprietary information learned as part of an employment relationship or under a non-disclosure agreement); (iii) infringes any patent, trademark, trade secret, copyright, or other proprietary right of any party; (iv) consists of unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, commercial electronic messages, or any other form of solicitation; (v) contains software viruses or any other code, files or programs designed to interrupt, destroy or limit the functionality of any software or hardware; (vi) contains infringing, libelous, or otherwise unlawful or tortious material; or (vii) consists of information that you know or have reason to know is false or inaccurate.
(c) Betterleave’s failure to enforce any of these restrictions or guidelines shall not act as a waiver for any future enforcement, will not be considered a breach of this TOS by Betterleave, and does not create a private right of action for any other party.
PAYMENTS
(a) Payment Processing. To the extent that you purchase specific services or products via the Services, including without limitation payments to Professionals, then such payments shall be subject to the Stripe Connected Account Agreement, which includes the Stripe Services Agreement (the “Stripe Agreement”), if and to the extent that any such payments are not already paid for under the terms of an applicable agreement between Betterleave and your employer. By agreeing to this TOS, you agree to be bound by the Stripe Agreement, as may be modified and/or amended from time to time. Furthermore, you agree to provide the Services with accurate and complete information about you and/or your business, as applicable, and you authorize Betterleave to share such information and any transaction information related to your use of Stripe’s services.
(b) Taxes. Unless otherwise noted, services and products sold by Betterleave may subject to state and local sales tax in accordance with applicable laws. Betterleave may not collect sales or use taxes in all states. For states imposing sales or use taxes, your purchase is subject to use tax unless it is specifically exempt from taxation. Your purchase is not exempt merely because it is made over the Internet or by other remote means. Many states require purchasers to file a sales/use tax return at the end of the year reporting all of the taxable purchases that were not taxed and to pay tax on those purchases. Details of how to file these returns may be found at the websites of your respective taxing authorities. The sales tax that may be indicated on the checkout page is an estimate. The sales tax ultimately charged to your credit card will be calculated when your credit card charge is authorized and will reflect applicable state and local taxes.
FEEDBACK
If you elect to provide or make available to Betterleave any suggestions, comments, ideas, improvements or other feedback relating to the Services (“Feedback”), Betterleave shall own and be free to use, reproduce, modify, adapt, create derivative works from, publicly perform, publicly display, distribute, make, have made, assign, pledge, transfer or otherwise grant rights in your Feedback in any form and any medium (whether now known or later developed), without credit or compensation to you.
DEALINGS WITH ADVERTISERS AND OTHER THIRD PARTIES
The Services may include or provide access to third party products, services, content, or offerings, including advertising for such (“Third Party Services”). You acknowledge that different terms of use and privacy policies may apply to your use of such Third Party Services and that terms and policies are solely between you and the advertiser or other third party. You agree that does not endorse and is not responsible or liable for any issues related to Third Party Services.
INDEMNIFICATION
You shall indemnify and hold Betterleave and its affiliates, and each of their officers, directors, employees, agents, partners and licensors (collectively, “Betterleave Parties”) harmless from and against all losses, damages, costs, liabilities, and expenses, including reasonable attorneys’ fees, to extent resulting from or arising out of any third party claim, demand, or action due to(a) content you provide to Betterleave;(b) your violation of this TOS, any law or regulation, or any rights (including intellectual property rights) of another party; or(c) your use of the Services, except as expressly permitted in this TOS.
DISCLAIMER OF WARRANTIES
(a) YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BETTERLEAVE PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED OR ARISING FROM STATUTE, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.(b) BETTERLEAVE PARTIES MAKE NO WARRANTY OR REPRESENTATION THAT: (I) THE SERVICES OR PROFESSIONALS WILL MEET YOUR REQUIREMENTS; (II) ACCESS TO THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, VIRUS-FREE, OR ERROR-FREE; (III) THE INFORMATION AND ANY RESULTS THAT MAY BE OBTAINED FROM ACCESS TO OR USE OF THE SERVICES OR PROFESSIONALS WILL BE ACCURATE, RELIABLE, CURRENT, OR COMPLETE; (IV) THAT THE QUALITY OF THE SERVICES PROVIDED BY PROFESSIONALS WILL MEET ANY STANDARD OF CARE OR WILL BE TO YOUR SATISFACTION; (V) A PROFESSIONAL WILL BE IDENTIFIED CORRECTLY OR BE SUITABLE MATCHED TO YOU; OR (VI) EACH PROFESSIONAL POSSESSES THE SKILLS, DEGREES, QUALIFICATIONS, LICENSURE, CERTIFICATIONS, CREDENTIALS, COMPETENCE OR BACKGROUND NECESSARY TO PROVIDE PROFESSIONAL ADVICE OR OTHER SERVICES TO YOU. You are solely responsible for independently verifying the experience and qualifications of any Professional.(c) ALL CONTENT MADE AVAILABLE THROUGH THE SERVICES IS MADE AVAILABLE FOR INFORMATIONAL PURPOSES ONLY. YOU ARE SOLELY RESPONSIBLE FOR CONFIRMING THE ACCURACY OF ALL CONTENT BEFORE TAKING OR OMITTING ANY ACTION.(d) THIS DISCLAIMER OF WARRANTY MAY NOT BE VALID IN SOME JURISDICTIONS AND YOU MAY HAVE WARRANTY RIGHTS UNDER LAW WHICH MAY NOT BE WAIVED OR DISCLAIMED. ANY SUCH WARRANTY EXTENDS ONLY FOR THIRTY (30) DAYS FROM THE EFFECTIVE DATE OF THIS AGREEMENT (UNLESS SUCH LAW PROVIDES OTHERWISE).
LIMITATION OF LIABILITY(a) BETTERLEAVE PARTIES SHALL NOT BE LIABLE FOR ANY LOST PROFITS, LOSS OF DATA OR GOODWILL, OR COST OF COVER, OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES ARISING FROM ANY TYPE OR MANNER OF COMMERCIAL, BUSINESS, OR FINANCIAL LOSS, EVEN IF BETTERLEAVE PARTIES HAD ACTUAL OR CONSTRUCTIVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE. IN NO EVENT SHALL BETTERLEAVE PARTIES’ TOTAL LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING FROM OR RELATING TO THIS TOS OR YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICES OR CONTENT EXCEED THE AMOUNT PAID BY YOU TO BETTERLEAVE FOR ACCESS TO THE SERVICES WITHIN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE APPLICABLE CLAIM(S) AROSE.(b) THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY REGARDLESS OF WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. INSOFAR AS APPLICABLE LAW PROHIBITS ANY LIMITATION ON LIABILITY HEREIN, THE PARTIES AGREE THAT SUCH LIMITATION WILL BE AUTOMATICALLY MODIFIED, BUT ONLY TO THE EXTENT SO AS TO MAKE THE LIMITATION COMPLIANT WITH APPLICABLE LAW. THE PARTIES AGREE THAT THE LIMITATIONS ON LIABILITIES SET FORTH HEREIN ARE AGREED ALLOCATIONS OF RISK AND SUCH LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
SUSPENSION AND TERMINATION
(a) Either party may terminate this TOS at any time.
(b) If you violate this TOS, Betterleave may, with or without notice to you, immediately suspend or terminate your access and use of the Services.
(c) Betterleave reserves the right at any time to modify, suspend, or discontinue the Services (or any portion thereof) with or without notice, and Betterleave shall not be liable to you or any third party for any such modification or discontinuance;
(d) Upon termination of this TOS for any reason: (i) Betterleave, in its sole discretion, may remove and discard your content and information; (ii) you will immediate cease your use of the Services; and (iii) any provision that, by its terms, is intended to survive the expiration or termination of this TOS shall survive such expiration or termination. Further, you agree that that Betterleave shall not be liable to you or any third party for any termination of your account or access to the Services.
COMMUNICATIONS
The communications between You and Betterleave use electronic means, whether You use the Services and send us emails or texts, or whether we post notices on the Site or communicate with You via email or texts. For contractual purposes, You (a) consent to receive communications from us in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to You electronically satisfy any legal obligation that such communications would satisfy if it were be in a hard copy writing.
GOVERNING LAW
This TOS shall be governed by and construed and enforced in accordance with the United States Federal Arbitration Act, other applicable federal laws and the laws of the State of Texas, without regard to conflict of laws principles. The parties agree that neither the United Nations Convention on Contracts for the International Sale of Goods, nor the Uniform Computer Information Transaction Act (UCITA) shall apply to this TOS, regardless of the states in which the parties do business or are incorporated.
BINDING ARBITRATION AND CLASS ACTION WAIVER
(a) ALL CLAIMS ARISING IN CONNECTION WITH THIS AGREEMENT SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION RATHER THAN IN COURT, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT (DEFINED FOR THE PURPOSES OF THIS TOS AS A COURT OF LIMITED JURISDICTION THAT MAY ONLY HEAR CLAIMS NOT EXCEEDING $5,000) IF YOUR CLAIMS ARE WITHIN THE COURT’S JURISDICTION. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED.(b) The arbitration shall be conducted by the American Arbitration Association (AAA) under its then-applicable Commercial Arbitration Rules or, as appropriate, its Consumer Arbitration Rules. The AAA’s rules are available at http://www.adr.org/. Payment of all filing, administration and arbitrator fees shall be governed by the AAA’s rules. The arbitration shall be conducted in the English language by a single independent and neutral arbitrator. For any hearing conducted in person as part of the arbitration, you agree that such hearing shall be conducted in Austin, Texas or, if the Consumer Arbitration Rules apply, another location reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances, as determined by the arbitrator. The decision of the arbitrator shall be final and binding. Judgment on the arbitral award may be entered in any court of competent jurisdiction.(c) WE EACH AGREE THAT ALL CLAIMS SHALL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION OR OTHER SIMILAR PROCESS (INCLUDING ARBITRATION). IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL AND AGREE THAT SUCH CLAIM SHALL BE BROUGHT ONLY IN A COURT OF COMPETENT JURISDICTION IN AUSTIN, TEXAS. YOU HEREBY SUBMIT TO THE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS AND WAIVE ANY OBJECTION ON THE GROUNDS OF VENUE, FORUM NON-CONVENIENS OR ANY SIMILAR GROUNDS WITH RESPECT TO ANY SUCH CLAIM.(d) Notwithstanding anything to the contrary, you and Betterleave may seek injunctive relief and any other equitable remedies from any court of competent jurisdiction to protect its intellectual property rights, whether in aid of, pending, or independently of the resolution of any dispute pursuant to the arbitration procedures set forth in this Section 13.(e) If Betterleave implements any material change to this Section 13, such change shall not apply to any Claim for which you provided written notice to Betterleave before the implementation of the change.
LEGAL COMPLIANCE
You represent and warrant that you will comply with all applicable foreign, federal, state, and local laws, rules and regulations, including without limitation, U.S. export laws and import and use laws of the country where Licensed Material is delivered or used and you are not: (a) located in a country that is subject to a U.S. Government embargo, or designated by the U.S. Government as a “terrorist supporting” country; and (b) listed on any U.S. Government list of prohibited or restricted parties, including the Specially Designated Nationals List.
U.S. GOVERNMENT ENTITIES
This section applies to access to or use of the Services by a branch or agency of the United States Government. The Services includes “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 C.F.R. 12.212 and qualifies as “commercial items” as defined in 48 C.F.R. 2.101. Such items are provided to the United States Government: (a) for acquisition by or on behalf of civilian agencies, consistent with the policy set forth in 48 C.F.R. 12.212; or (b) for acquisition by or on behalf of units of the Department of Defense, consistent with the policies set forth in 48 C.F.R. 227.7202-1 and 227.7202-3. The United States Government shall acquire only those rights set forth in this TOS with respect to the such items, and any access to or use of the Services by the United States Government constitutes: (i) agreement by the United States Government that that such items are “commercial computer software” and “commercial computer software documentation” as defined in this section; and (ii) acceptance of the rights and obligations herein.
PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that your work has been made available through the Services in a way that constitutes copyright infringement, please provide Betterleave’s Agent for Notice of Copyright Claims 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) a description 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) a description of the material that you claim is infringing and where that material may be accessed within the Services; (d) your address, telephone number and email address; (e) a statement by you that you have 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 from you that the information in the notification is accurate and, under penalty of perjury, that you are 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, please contact Betterleave’s Agent for Notice of Copyright Claims. Betterleave’s Agent for Notice of Copyright Claims can be reached as follows: Agent for Notice of Copyright Claims 701 Tillery St Unit #12 Box #126, Austin, TX 78702 Email: hello@betterleave.com
CALIFORNIA USERS & RESIDENTS
In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting such unit in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
GENERAL PROVISIONS
This TOS constitutes the entire agreement between you and Betterleave concerning your access to and use of the Services. It supersedes all prior and contemporaneous oral or written negotiations and agreements between you and Betterleave with respect to such subject matter. In the event of any conflict between or among this TOS and any end user license agreement, privacy policy or usage guidelines to which this TOS refers, the terms and conditions of this TOS shall take precedence and govern. This TOS may not be amended by you except in a writing executed by you and an authorized representative of Betterleave. Except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this TOS. For the purposes of this TOS, the words “such as,” “include,” “includes” and “including” shall be deemed to be followed by the words “without limitation.” You may not assign or delegate any right or obligation under this TOS without the prior written consent of Betterleave. The failure of Betterleave to exercise or enforce any right or provision of this TOS shall not constitute a waiver of such right or provision. If any provision of this TOS is held to be invalid or unenforceable under applicable law, then such provision shall be construed, limited, modified or, if necessary, severed to the extent necessary to eliminate its invalidity or unenforceability, without in any way affecting the remaining parts of this TOS. Any prevention of or delay in performance by Betterleave hereunder due to labor disputes, acts of god, failure of the Internet, governmental restrictions, enemy or hostile governmental action, fire or other casualty or other causes beyond its reasonable control shall excuse the performance of its obligations for a period equal to the duration of any such prevention or delay.