Last updated: 26 November 2020
PLEASE READ THE FOLLOWING CAREFULLY BEFORE ACCESSING AND/OR USING ANY PART OF THE SERVICE.
We reserve the right, at our discretion, to change these Terms at any time. Such change will be effective ten (10) days following posting of the revised Terms on the Service, and your continued use of the Service thereafter means that you accept those changes.
2. Ability to Accept Terms.
The Service is only intended for individuals aged eighteen (18) years or older. If you are under 18 years please do not visit or use the Service.
During the period in which these Terms are in effect, we hereby grant you permission to visit and use the Service, provided that you comply with these Terms and applicable law.
You shall not: (i) copy, distribute display, mirror, frame or modify any part of the Service, Content or Marks (as described below) without our prior written authorization; (ii) use, modify, create derivative works of, transfer (by sale, resale, license, sublicense, download or otherwise), reproduce, distribute, display or disclose Content (defined below), except as expressly authorized herein; (iii) disrupt servers or networks connected to the Service; (iv) use or launch any automated system (including without limitation, "robots" and "spiders") to access the Service; and/or (v) circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or that enforce limitations on use of the Service.
5. Intellectual Property Rights.
5.1. Content and Marks.
The (i) content on the Service, including without limitation, the text, documents, articles, brochures, descriptions, products, software, graphics, photos, sounds, videos user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, computer code, interactive features, and services (collectively, the "Materials") including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Materials; (ii) and User Submissions, as defined below (together with the Materials, the "Content"); and (iii) the trademarks, service marks and logos contained therein ("Marks"), are owned, controlled or licensed by or to betterathome.services and are protected by applicable copyright or other intellectual property laws and treaties. The Service, the Service logo, and other marks are Marks of betterathome.services or its affiliates. All other trademarks, service marks, and logos used on the Service are the trademarks, service marks, or logos of their respective owners. We reserve all rights not expressly granted in and to the Service and the Content.
5.2. Use of Content. Content on the Service is provided to you for your information and personal use only and may not be used, modified, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, reverse engineered, or otherwise exploited for any other purposes whatsoever(including, without limitation, to create derivative works) without our prior written consent. If you download or print a copy of the Content you must retain all copyright and other proprietary notices contained therein.
6. Third-Party Sources and Content.
6.1. The Service enables you to view, access, link to, and use content from Third Party Sources (defined below) that are not owned or controlled by us ('Third Party Content').
The Service may also enable you to communicate and interact with Third Party Sources.'Third Party Source(s)' means: (i) third party websites and services; and (ii) our partners and customers.
6.2. We have no control over any Third Party Sources.
6.3. We are not responsible for, and we expressly disclaim all warranties regarding, the accuracy, appropriateness, usefulness, safety, or Intellectual Property Rights (defined below) of, or relating to, any Third Party Content.
6.4. By using the Service you may be exposed to Third Party Content that is inaccurate, offensive, indecent, or objectionable.
You always have the choice of deciding whether or not to interact with a Third Party Source or to view and use Third Party Content. Your interaction with a Third Party Source and your use of, and reliance upon, any Third Party Content is at your sole discretion and risk.
6.5. You are solely responsible and liable for your interaction with a Third Party Source.
You agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against betterathome.services , and release betterathome.services from any and all liability, arising from your use of and interaction on any Third Party Content and from your interaction with any Third Party Source. If you have any queries or complaints regarding a Third Party Source or any Third Party Content, you agree to contact the Third Party Source directly.
The Service may permit the submission, hosting, sharing and publishing of Content by you and other users ('User Submissions'). You understand that whether or not such User Submissions are published, we do not guarantee any confidentiality with respect to any User Submissions. You shall be solely responsible for your User Submissions and the consequences of posting, publishing or uploading them. We have complete discretion whether to publish your User Submissions and we reserve the right in our sole discretion and without further notice to you, to monitor, censor, edit, remove, delete, and/or remove any and all Content posted on the Service (including User Submissions) at any time and for any reason.
You represent and warrant that you own or have the necessary rights and permissions to use and authorize the Service to use all Intellectual Property Rights (defined below) in and to your User Submissions and to enable inclusion and use thereof as contemplated by the Service and these Terms. Unless the User Submissions are separately referred to, all references herein to Content shall include references to User Submissions. "Intellectual Property Rights" means any and all rights, titles, and interests, whether foreign or domestic, in and to any and all trade secrets, patents, copyrights, service marks, trademarks, know-how, or similar intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, foreign or domestic. You retain all of your ownership rights in and to your User Submissions.
7.3. License to User Submissions.
By submitting the User Submissions to betterathome.services, you hereby grant the Service a worldwide, irrevocable, non-exclusive, royalty-free, perpetual, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of display, and perform the User Submissions in connection with the Service and betterathome.services business, including without limitation for redistributing part or all of your User Submissions (and derivative works thereof)in any media formats and through any media channels and, and you hereby waive any moral rights in your User Submissions, to the extent permitted by law. You also hereby grant each user of the Service or other viewer or user of the User Submission a non-exclusive right to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions, all in accordance with these Terms.
7.4. Prohibited Content.
You agree that you will not display, post, submit, publish, upload or transmit a User Submission that: (i) is unfair or deceptive under the consumer protection laws of any jurisdiction; (ii) is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights; (iii) creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement; (iv) impersonates another person; (v) promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking; (vi) is unlawful, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is inappropriate; (vii) involves theft or terrorism, or (viii) is otherwise malicious or fraudulent.
You understand and acknowledge that when accessing and using the Service: (i) you will be exposed to User Submissions from a variety of sources and that betterathome.services is not responsible for the accuracy, usefulness, safety, or Intellectual Property Rights of, or relating to, such User Submissions; and(ii) you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable. You hereby agree to waive and hereby do waive, any legal or equitable rights or remedies you may have against betterathome.services with respect to (i) and (ii) herein.
7.6 Complaints about Content.
Betterathome.services respects the Intellectual Property Rights of others. Therefore, we encourage you to report any Content you believe violates your Intellectual Property Rights by completing this form.
We reserve the right to access, read, preserve, and disclose any information that we obtain in connection with the Service, and your use thereof, as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process, subpoena or governmental request, (ii) enforce the Terms, including to investigate potential violations of them, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of betterathome.services , its users or the public.
9.1. The Service may contain links and may enable you to post content, to third party websites that are not owned or controlled by betterathome.services.
9.2. We permit you to link to the Service provided that:
(i) you link to but do not replicate any page on the Service; (ii) the hyperlink text shall accurately describe the Content as it appears on the Service; (iii) you shall not misrepresent your relationship with betterathome.services or present any false information about betterathome.services and shall not imply in any way that we are endorsing any services or products unless we have given you our express prior consent; (iv) you shall not link from a website that contains content that (a) is offensive or controversial (both at our discretion), or (b) infringes any intellectual property, privacy rights, or other rights of any person or entity; and/or (v) you, and your website, comply with these Terms and applicable law.
11. Warranty Disclaimers.
11.1. This section applies whether or not the services provided under the Service are for payment.
Applicable law may not allow the exclusion of certain warranties, so to that extent, certain exclusions set forth herein may not apply.
11.2. THE SERVICE IS PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS, AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. BETTERATHOME.SERVICES HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. BETTERATHOME.SERVICES DOES NOT GUARANTEE THAT THE SERVICE WILL BE FREE OF BUGS, SECURITY BREACHES, OR VIRUS ATTACKS. THE SERVICE MAY OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS. YOU AGREE THAT BETTERATHOME.SERVICES WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS. WE DO NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT, PRODUCT, OR SERVICE THAT IS FEATURED OR ADVERTISED ON THE SERVICE BY A THIRD PARTY.
11.3. BETTERATHOME.SERVICES DOES NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT THAT APPEARS IN A USER SUBMISSION, AND DOES NOT MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO, AND DISCLAIMS ALL LIABILITY FOR, ANY SUCH CONTENT.
11.4. YOU SPECIFICALLY ACKNOWLEDGE THAT BETTERATHOME.SERVICES SHALL NOT BE RESPONSIBLE FOR THE USER SUBMISSIONS OR CONDUCT(INCLUDING DEFAMATORY, OFFENSIVE, ILLEGAL, OR NEGLIGENT CONDUCT) OF ANY SERVICE USER AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
11.5. YOUR RELIANCE ON, OR USE OF, ANY SERVICE CONTENT (INCLUDING WITHOUT LIMITATION, ANY USER SUBMISSIONS), OR INTERACTION WITH ANY THIRD PARTY FEATURED ON THE SERVICE, IS AT YOUR SOLE RISK. IF YOU HAVE A DISPUTE WITH ANY THIRD PARTY AS A RESULT OF, OR ARISING FROM YOUR USE OF THE SERVICE, YOU AGREE THAT BETTERATHOME.SERVICES IS NOT AND SHALL NOT BE LIABLE FOR ANY CLAIMS OR DAMAGES ARISING OUT OF OR CONNECTED WITH SUCH DISPUTE.
11.7. WE ENDEAVOR TO OFFER YOU VALUABLE INFORMATION ABOUT THE PRODUCTS AND SERVICES THAT ARE FEATURED / REVIEWED ON THE SERVICE.
HOWEVER, IN ORDER TO PROVIDE YOU WITH THIS INFORMATION AT NO COST, WE MUST SEEK REVENUE OPPORTUNITIES THROUGH OTHER MEANS. BY WAY OF EXAMPLE, WE MAY CHARGE A PLACEMENT FEE TO THOSE THIRD PARTIES THAT ARE FEATURED ON OUR SERVICE, AND WE MAY RECEIVE FEES EACH TIME A USER CLICKS THROUGH TO ONE OR MORE SUCH PARTIES AND/OR ACTUALLY PURCHASES PRODUCTS/SERVICES THAT ARE OFFERED BY ANY OF THEM. IN ALL CASES, HOWEVER, THE REVENUES THAT ARE PAID TO BETTERATHOME.SERVICES WILL NOT INFLUENCE THE MATERIAL WE PRESENT ABOUT A SPECIFIC THIRD PARTY FEATURED ON OUR SERVICE.
12. Limitation of Liability.
12.1. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, BETTERATHOME.SERVICES SHALL NOT BE LIABLE FOR ANY INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OF ANY KIND, OR FOR ANY LOSS OF DATA, REVENUE, PROFITS OR REPUTATION, ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE SERVICE, EVEN IF BETTERATHOME.SERVICES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.
12.2. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF BETTERATHOME.SERVICES FOR ANY AND ALL DAMAGES ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE SERVICE EXCEED THE TOTAL AMOUNT OF US $1,000.
You agree to defend, indemnify and hold harmless betterathome.services and our affiliates, and our respective officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses(including but not limited to attorney's fees) arising from: (i) your use of, or inability to use, the Service; (ii) your User Submissions; (iii) your interaction with any Service user; or (iv) your violation of these Terms.
14. Term and Termination.
These Terms are effective until terminated by betterathome.servicesor you. Betterathome.services, in its sole discretion, has the right to terminate these Terms and/or your access to the Service, or any part thereof, immediately at any time and with or without cause (including, without any limitation, for a breach of these Terms). Betterathome.servicesshall not be liable to you or any third party for termination of the Service, or any part thereof. If you object to any term or condition of these Terms, or any subsequent modifications thereto, or become dissatisfied with the Service in any way, your only recourse is to immediately discontinue use of the Service.
15. Independent Contractors.
You and betterathome.services are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and betterathome.services. You must not under any circumstances make, or undertake, any warranties, representations, commitments or obligations on behalf of etterathome.services.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by betterathome.services without restriction or notification to you.
Betterathome.services reserves the right to discontinue or modify any aspect of the Service at any time. These Terms shall constitute the entire agreement between you and betterathome.services concerning the Service. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a party's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
In case you have any questions or issues with the Service please contact us at firstname.lastname@example.org.