These Terms and Conditions (the “Terms”) constitute a legally binding agreement between BetterNBolder (“BetterNBolder,” “we,” “us,” or “our”) and you, the individual or entity accessing or using the Platform (“you” or “User”). These Terms govern your access to and use of the BetterNBolder websites, applications, software, and related services (collectively, the “Platform”). Our Privacy Policy is incorporated into these Terms by reference.
By creating an Account, accessing, or otherwise using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms and by the Privacy Policy. If you do not agree, you must not access or use the Platform. If you accept these Terms on behalf of a company or other legal entity, you represent and warrant that you have authority to bind that entity, and “you” refers to that entity.
In these Terms, the following capitalized terms have the meanings set out below:
You must be at least 18 years of age and capable of forming a legally binding contract to access or use the Platform. By using the Platform, you represent and warrant that you meet these requirements and that your use complies with all applicable laws.
By clicking “I Agree” (or a similar control) or by using the Platform, you provide a legally binding electronic signature and consent to enter into agreements electronically. You further consent to receive agreements, notices, disclosures, and other communications from BetterNBolder electronically, and you agree that electronic delivery satisfies any legal requirement that such communications be in writing, consistent with the federal E-SIGN Act and applicable provisions of the Uniform Electronic Transactions Act (UETA).
You are responsible for maintaining the confidentiality and security of your Account credentials and for all activity that occurs under your Account. You agree to provide accurate, current, and complete information and to keep it updated. You must promptly notify BetterNBolder of any unauthorized use of your Account or any other breach of security. BetterNBolder is not liable for any loss arising from your failure to safeguard your credentials.
BetterNBolder provides marketing, business discovery, software, analytics, educational, and related Services intended to support Users and Entrepreneurs. BetterNBolder may add, modify, or remove features of the Platform from time to time in its discretion.
You agree to use the Platform lawfully and respectfully. You shall not, and shall not attempt to or permit any third party to:
BetterNBolder may investigate suspected violations and may remove Content or suspend or terminate access in accordance with these Terms.
You retain ownership of the Content you submit. By submitting Content, you grant BetterNBolder a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to host, store, reproduce, modify (for formatting and display), publish, perform, and display such Content, and to use it to operate, provide, improve, and promote the Platform. This license ends when you remove your Content, except to the extent the Content has been shared with others, is retained in routine backups, or must be retained to comply with applicable law. You represent and warrant that you have all rights necessary to grant this license and that your Content does not violate the rights of any third party.
You may not upload, post, or transmit any Content that infringes the Intellectual Property rights of any third party. BetterNBolder respects Intellectual Property rights and responds to notices of alleged infringement in accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law.
As between you and BetterNBolder, all software, branding, processes, methodologies, analytics systems, databases, designs, and other proprietary materials comprising the Platform, and all Intellectual Property therein, are and remain the exclusive property of BetterNBolder and its licensors. Except for the limited right to access and use the Platform under these Terms, no right, title, or interest in the Platform is granted to you. You may not use BetterNBolder’s Trademarks without prior written consent.
You shall not reverse engineer, decompile, disassemble, scrape, harvest, copy, clone, replicate, or create derivative works of the Platform or any portion of it, nor use information obtained from the Platform to develop or operate a competing product or service, except to the extent such restriction is prohibited by applicable law.
BetterNBolder collects and processes data as described in the Privacy Policy. BetterNBolder may collect, use, and disclose aggregated or de-identified data, which does not identify any individual, to operate, analyze, and improve the Platform and Services and for other lawful business purposes.
You shall not use bots, scrapers, crawlers, automated agents, or other automated means to access, harvest, or extract data from the Platform without BetterNBolder’s prior written authorization. BetterNBolder may employ automated systems, including artificial intelligence, in providing the Services, and you acknowledge that automated outputs may contain errors and should not be solely relied upon.
Certain Services may require payment of fees. You agree to pay all applicable fees and taxes and authorize BetterNBolder and its third-party payment processors to charge your designated payment method. Fees are stated in the currency identified at checkout and are due as described at the point of purchase. Except as required by law or expressly stated, fees are non-refundable.
Subscription Services may automatically renew for successive periods until cancelled. Before charging you, BetterNBolder will clearly and conspicuously disclose the automatic renewal terms, obtain your express affirmative consent to those terms, and send renewal and material price-change reminders as required by law. You may cancel at any time through the same medium used to enroll, by means of a readily accessible “click to cancel” mechanism, without obstruction.
If you provide suggestions, ideas, or other feedback regarding the Platform, you grant BetterNBolder a perpetual, irrevocable, worldwide, royalty-free license to use and exploit such feedback for any purpose without restriction or compensation to you.
BetterNBolder does not independently verify, and does not guarantee, the accuracy, legality, quality, safety, or performance of any Entrepreneur, business, listing, or Content available through the Platform. You are responsible for conducting your own due diligence before relying on any such information or engaging in any transaction.
All information made available through the Platform is provided for general informational purposes only and does not constitute investment, legal, tax, accounting, or financial advice. You should consult your own qualified professional advisors before making decisions based on information obtained through the Platform.
The Platform and Services are provided on an “as available” basis. BetterNBolder may modify, suspend, or discontinue all or any part of the Platform at any time, with or without notice, and is not liable to you or any third party for doing so.
BetterNBolder is not liable for any delay or failure to perform resulting from causes beyond its reasonable control, including acts of God, natural disasters, labor disputes, utility or network failures, governmental action, or other events of force majeure.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PLATFORM AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. BETTERNBOLDER DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN EXCLUSIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BETTERNBOLDER AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR GOODWILL. BETTERNBOLDER’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM WILL NOT EXCEED THE GREATER OF (a) THE AMOUNTS YOU PAID TO BETTERNBOLDER IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR (b) ONE HUNDRED U.S. DOLLARS ($100).
You agree to defend, indemnify, and hold harmless BetterNBolder and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or related to: (a) your use of the Platform; (b) your Content; (c) your violation of these Terms; or (d) your violation of any law or the rights of any third party.
Except as otherwise provided, any dispute, claim, or controversy arising out of or relating to these Terms or the Platform shall be resolved by final and binding individual arbitration, seated in Orange County, California. The arbitration shall be governed by the Federal Arbitration Act. The arbitrator, and not any court, shall have exclusive authority to resolve disputes relating to the interpretation, scope, enforceability, or formation of this arbitration agreement.
You may opt out of this arbitration agreement by sending written notice within thirty (30) days of first accepting these Terms.
All claims must be brought in a party’s individual capacity and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. If this waiver is held unenforceable as to any claim, that claim shall be severed and proceed in a court of competent jurisdiction, while all remaining claims shall be arbitrated.
These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws principles. Subject to the arbitration provisions above, the state and federal courts located in Orange County, California shall have exclusive jurisdiction over any dispute not subject to arbitration.
In any action or proceeding to enforce these Terms, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and costs, to the extent permitted by applicable law.
You may close your Account at any time. BetterNBolder may suspend or terminate your access to the Platform, in whole or in part, with or without notice, for any violation of these Terms or where your use poses a risk to the Platform or others. Upon termination, your right to access and use the Platform ceases. The provisions that by their nature should survive termination, including Sections 8 through 13 and 16 through 27, and this Section, shall survive.
The Platform may facilitate interactions and transactions between Users and Entrepreneurs. BetterNBolder is not a party to those dealings, does not control and is not responsible for the conduct, products, or services of any User or Entrepreneur, and disclaims all liability arising from such dealings.
The Platform may contain links to, or integrations with, third-party websites and services that BetterNBolder does not control or endorse. Your use of any third-party website or service is at your own risk and may be governed by separate terms and privacy policies.
Your use of the Platform is subject to the BetterNBolder Privacy Policy, which is incorporated into these Terms by reference and describes how BetterNBolder collects, uses, and shares personal information. The Privacy Policy is designed to comply with the California Consumer Privacy Act, as amended by the California Privacy Rights Act (CCPA/CPRA), and other applicable privacy laws, including the EU and UK General Data Protection Regulation where applicable.
Under California Civil Code section 1789.3, California residents are entitled to the following consumer-rights notice regarding the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs.
The Platform is intended for users 18 years of age and older and is not directed to children. BetterNBolder does not knowingly collect personal information from children under 13 (or the applicable minimum age). If you believe a child has provided personal information, please contact us so that we may take appropriate action.
BetterNBolder may modify these Terms from time to time. Material changes will be communicated by email and/or conspicuous in-Platform notice and will state an effective date. Your continued use of the Platform after the effective date constitutes acceptance of the revised Terms. If you do not agree to the changes, you must stop using the Platform.
BetterNBolder may assign or transfer these Terms, in whole or in part, including in connection with a merger, acquisition, reorganization, or sale of assets. You may not assign or transfer these Terms without BetterNBolder’s prior written consent. These Terms bind and benefit the parties and their permitted successors and assigns.
BetterNBolder may provide notices to you by email or by posting within the Platform. You may provide notices to BetterNBolder at the legal contact address set out in the Contact Information section. Notices are deemed given when sent or posted.
BetterNBolder’s failure to enforce any provision of these Terms is not a waiver of its right to do so later, and no waiver of any provision is effective unless made in writing.
Nothing in these Terms creates any partnership, joint venture, agency, employment, or fiduciary relationship between you and BetterNBolder. You and BetterNBolder are independent contracting parties.
If any provision of these Terms is held invalid or unenforceable, that provision shall be modified to the minimum extent necessary, or severed, and the remaining provisions shall remain in full force and effect.
These Terms, together with the Privacy Policy, the Entrepreneur Addendum (where applicable), and any other policies referenced herein, constitute the entire agreement between you and BetterNBolder regarding the Platform and supersede all prior agreements and understandings on that subject.
Questions about these Terms may be directed to BetterNBolder at: support@betternbolder.com
This Entrepreneur Addendum (the “Addendum”) applies to all Users who use the Platform to promote, market, or operate a business (“Entrepreneurs”) and supplements the Terms and Conditions above. By onboarding as an Entrepreneur, you affirmatively accept this Addendum. In the event of a conflict between this Addendum and the main Terms, this Addendum controls with respect to Entrepreneurs.
Each Entrepreneur represents and warrants that all business information submitted to the Platform is accurate, current, and complete, and agrees to update such information as needed. BetterNBolder may, but is not obligated to, verify such information.
BetterNBolder may provide marketing, analytics, advertising, lead-generation, and software-as-a-service tools to Entrepreneurs. The scope, fees, and service levels for such Services may be set out in separate order forms or service descriptions, which form part of the agreement between the parties.
BetterNBolder makes no guarantee regarding the number, quality, or outcome of any leads, conversions, revenue, or business growth. All projections and examples are illustrative only and do not constitute a promise of results.
Entrepreneurs retain ownership of their Trademarks, logos, and Content and grant BetterNBolder a limited, non-exclusive, royalty-free license to use, display, and distribute such materials solely as necessary to provide and promote the Services. Entrepreneurs represent and warrant that they hold all rights necessary to grant this license.
Each Entrepreneur is solely responsible for obtaining and maintaining all licenses, permits, registrations, and other authorizations required to operate its business and for complying with all applicable laws and regulations.
Entrepreneurs are responsible for ensuring that all advertising, marketing, and promotional claims made through the Platform are truthful, substantiated, lawful, and not misleading, and comply with all applicable advertising laws and platform policies.
Fraudulent, deceptive, or materially misleading conduct by an Entrepreneur may result in immediate suspension or termination of access, without limiting any other remedy available to BetterNBolder.
Leads generated through the Platform and provided to an Entrepreneur belong to the receiving Entrepreneur, subject to these Terms, the Privacy Policy, and applicable law governing the use of such data.
BetterNBolder may suspend or terminate an Entrepreneur’s participation for any violation of these Terms or this Addendum, or where the Entrepreneur’s conduct poses a risk to the Platform, its Users, or BetterNBolder.