IMPORTANT LEGAL NOTICE: PLEASE READ THESE TERMS OF USE CAREFULLY
Welcome to Business Betterment’s website and all of its mobile versions operated by Business Betterment Inc. (“Business Betterment” or “we” or “our”). These Terms of Use together with Business Betterment’s Privacy Policy, all of which are incorporated by reference into these Terms of Use, govern your use of the Business Betterment website and applications and any other Internet site on which these Terms of Use are posted (“Site”). As a convenience to you, Business Betterment grants you access to its Site conditioned on your acceptance of the terms, conditions and notices contained in these Terms of Use. Accessing any part of the Site indicates that you accept these Terms of Use in full. If you do not accept these Terms of Use, do not use the Site and leave immediately.
These Terms of Use were last updated on November 1, 2016. Business Betterment may change, suspend or discontinue any aspect of these Terms of Use at any time. If any modification is unacceptable to you, you shall cease using the Site. Please review the Terms of Use each time you visit the Site. By using any Site, it means you accept the most recent version of the Terms of Use. These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with Business Betterment or its affiliates for other products or services.
For the purposes of these Terms of Use, “Content” means collectively and without limitation any text, images, graphics, software (including source code, object code and related documentation), applications, specifications, audio files, videos, articles, trademarks, trade names, logos and other material or information or content available through the site.
By using the Site, you are also subject to the Business Betterment Privacy Policy located at https://businessbetterment.com/privacy-policy/, which is in addition to these Terms of Use.
Information on this Site is for informational purposes only and is not intended to provide financial, legal, medical, accounting or tax advice and should not be relied upon in that regard. By using the Site, you hereby agree and understand that the services offered by Business Betterment do not provide guaranteed results. Business Betterment does not authenticate any user of its site and your use of the Site is at your sole risk. Business Betterment disclaims any responsibility for any harm resulting from the use by visitors of the Site, or from any downloading by those visitors of content posted thereon.
1. Use and Restrictions
The Site may be accessed and used only by individuals who can form legally binding contracts under applicable laws, who are 18 years of age or older, and who are not barred from using the Site under applicable laws. Use of the Site is void where prohibited. You may access and use the Site only in accordance with all applicable laws and regulations and with these Terms of Use. You acknowledge and agree that Business Betterment, in its sole discretion and without notice or any further obligation to you, may temporarily suspend or permanently discontinue and refuse any and all current and future, access to or use of the Site.
By using the Site, you represent and warrant that you are using the Site for personal use and : (a) any and all registration information you may submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) your use of the Site does not violate any applicable law or regulation; (d) you will not resell or make commercial use of any part of the Site or Content therein; (e) you will not modify, distribute, sell, transmit, display, reproduce, publish, license, create derivative works of or transfer any Content; (f) you will not use any data mining, robots, or similar data gathering and extraction methods from the Site or access or attempt to access any systems or servers on which the Site are hosted or modify or alter the Site in any manner; and (g) you will not use any meta tags or any other “hidden text” using the Business Betterment name or trademark without Business Betterment’ express prior written consent.
Any unauthorized use of the Site will terminate the permission or license granted by these Terms of Use, may result in you being barred from use of the Site, and may violate applicable law including copyright laws, trademark laws (including trade dress), unfair competition and communications regulations and statutes. The fact that you have purchased any product or service from Business Betterment does not prohibit Business Betterment from taking such action.
Where a Site is configured to enable the download of particular Content, you may download one copy of such Content to a single computer for your personal, noncommercial home use only, provided that (a) you retain all copyright and other proprietary notices contained in the original Content, (b) you may not sell or modify the Content or reproduce, display, publicly perform, distribute or otherwise use the Content in any way for any public or commercial purpose without the prior written permission of Business Betterment, and (c) you may not use the Content in any manner that suggests an association with any Business Betterment product, service or brand. Any downloads of software, including without limitation files, images incorporated in or generated by the software, and data accompanying the software (“Software”) is licensed to you by us or third-party licensors for your personal, noncommercial, nonexclusive, nontransferable and limited home use only. We do not transfer title to the Software to you. You may not distribute or otherwise exploit the Software or decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-readable form. UNLESS OTHERWISE SPECIFICALLY AND EXPRESSLY STATED ELSEWHERE, BUSINESS BETTERMENT HEREBY DISCLAIMS ALL WARRANTIES WITH REGARD TO THE SOFTWARE, INCLUDING WITHOUT LIMITATION ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WHETHER SUCH WARRANTIES ARE EXPRESS, IMPLIED OR STATUTORY.
BUSINESS BETTERMENT SHALL NOT BE LIABLE FOR (1) ANY INACCURACY, ERROR IN OR FAILURE OF THE SOFTWARE, (2) ANY LOSS OR DAMAGE (INCLUDING WITHOUT LIMITATION ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES) ARISING FROM ANY DOWNLOAD OR MADE OF THE SOFTWARE, OR OCCASIONED BY ANY SUCH INACCURACY, ERROR OR FAILURE OF THE SOFTWARE. IF ANY OF THE ABOVE PROVISIONS ARE VOID UNDER APPLICABLE LAW, BUSINESS BETTERMENT’ LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.
You may not, without the prior written permission of Business Betterment, mirror on any other server any material contained on a Site. The use of the Content on any other website or in a networked computer environment is strictly prohibited without the prior written permission of Business Betterment.
2. Copyright
The Content and the Site, as well as the selection and arrangement thereof, are: (a) the sole property of Business Betterment and/or its licensors; (b) are protected by copyright and may also be protected by patent, trademark and/or other intellectual property rights; (c) may not be used except in accordance with these Terms of Use or with Business Betterment’ express written consent; and (d) protected in Canada and in other jurisdictions by the Copyright Act and by virtue of the applicable international treaties. Consequently, the material on the Site may not be copied, reproduced, republished, downloaded, posted, transmitted, distributed or modified, in whole or in part in any form whatsoever, including but not limited to text, audio or video, without the prior written consent of
Other than as necessary for your use of the Site in accordance with these Terms of Use, Business Betterment grants no privileges or rights in the Content to you, and you must keep intact all patent, copyright, trademark and other proprietary notices on the Content. Any Content owned by Business Betterment’ licensors may be subject to additional restrictions. Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without Business Betterment’ express prior written consent. Business Betterment does not represent or warrant that any Content or Site does not infringe the rights of any other person or entity.
3. Trademarks
All trademarks, logos, service marks, trade names and trade dress, whether registered or unregistered (collectively the “Marks”) that appear on the Site are proprietary to Business Betterment or such Marks’ respective owners and may not be used without the written permission of the owner of such Marks. You may not display or reproduce the Marks other than with the prior written consent of Business Betterment, and you may not remove or otherwise modify any trademark notices from any Content. The Marks are protected by trademark, trade dress, copyright, and various other intellectual property rights and unfair competition laws. Nothing herein is to be interpreted as conferring a right to use the Marks or the material protected by the Copyright Act.
4. Your Account
If available, in order to purchase products or services through the use of the Site, you must establish an account with Business Betterment. The Site is directed for use by adults. If you are between the age of 16 and 18, you should only use the Site with your parent or guardian’s supervision.
If you create an account on the Site, you are responsible for maintaining the confidentiality and security (including passwords) of your account and data, and you are fully responsible for all activities that occur under the account. You must notify Business Betterment immediately of any unauthorized uses of your data, your account or any other breaches of security. Business Betterment will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. Business Betterment may from time to time set storage limits for your data, or take any other measures it considers appropriate to manage the Site. Business Betterment may also from time to time change its policies on offering commercial content or displaying advertising, and may do this without notice. For the purpose of ambiguity, you are solely responsible and liable for all activities, including, without limitation, all purchases of products and services through the use of the Site that occur under your account or your account password.
You will also be solely responsible for keeping your email address listed on your current account.
You acknowledge and agree that Business Betterment may: (a) refuse service, terminate accounts or cancel orders in their sole discretion; and (b) access, preserve, and disclose your account information, all communications to and from you, all information relating to your use of the Site, and all information relating to the use of the Site under your account or account password if Business Betterment is required to do so by law or legal process or (subject to Canadian privacy acts) if Business Betterment determines, in its sole discretion, that such action is necessary to protect the rights of Business Betterment, third parties, and other users of the Site or for purposes of responding to your request for customer service.
5. Electronic Communications
Your use of the Site may include the ability to enter into agreements and make transactions electronically. In addition, when you send emails to us, you are communicating with us electronically. You consent to receive electronic communications from Business Betterment either in the form of email sent to you at the email address listed on your account or by communications posted on the Site. You acknowledge and agree that all agreements, notices, disclosures and other electronic communication that we provide to you electronically satisfy any legal requirement that such communication be in writing.
6. Submitting Comments or Feedback
When you submit any comments, feedback, ideas or materials, you hereby agree that they are non-confidential and shall become the property of Business Betterment. You hereby assign to Business Betterment all exclusive right, title and interest in and to such comments, feedback, ideas or materials and waive in favour of Business Betterment all moral rights you could own therein. Business Betterment shall be entitled to the unrestricted use and dissemination of these submissions for any purpose, commercial or otherwise, without notice, attribution or compensation to you.
7. Modifications
Any Content on the Site is subject to modification or discontinuation at any time and from time to time without notice or obligation to you. Without limiting the foregoing, Business Betterment reserves the right, in its sole discretion, to charge fees for the use or purchase of, or access to, any products, services or Content offered through the Site, at any time and from time to time.
8. Indemnification
You agree to defend, indemnify and hold harmless Business Betterment, its contractors, affiliates and each of their respective directors, officers, employees and agents against any demands, actions, losses, liabilities, claims, expenses (including attorney’s fees) arising out of your account, your use of the Site, and/or any violation of any representation or warranty contained herein.
9. Compliance with Laws, Submitting Content and Disclaimer of Third Party Information
You agree that your use of the Site will at all times comply with applicable laws and regulations in your area.
If you provide comments, post material to the Site, post links on the Site, or otherwise make material available by means of the Site, you are entirely responsible for the composition of, and any harm resulting from, that Content. That is the case, regardless of whether the Content in question constitutes text, graphics, audio files, computer software or any other format in which Business Betterment stores data.
You hereby acknowledge and accept that Business Betterment provides the Site in for general informational purposes only and any use or reliance on the Site shall be at your sole risk. Any claims made, or program offered, are provided in good faith based on information received from clients or otherwise and may not necessarily apply to or work with your situation and may vary. Business Betterment makes no representation or warranty of any kind regarding its programs, the Site and/or the Content, including without limitation, with respect to information provided by third party legal or other consultants, all of which are provided on an “AS IS” basis. BUSINESS BETTERMENT EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. BUSINESS BETTERMENT DOES NOT WARRANT THAT THIS SITE WILL CONTINUE TO OPERATE, OPERATE WITHOT INTERRUPTIONS OR THAT IT WILL BE ERROR-FREE.
Information provided on the Site with a by-line, identification of publication source, or any other sort of third-party identifier is provided by third parties on an “AS IS” basis, and Business Betterment does not review it. Business Betterment, its owners, directors, employees and its third party consultants and or advisors do not warrant or guarantee the truth, accuracy or completeness of this information. No lawyer-client, advisory, fiduciary or other relationship is created by accessing or otherwise using this Site. It is not intended to be legal advice, medical advice or financial advice of any kind. No one should act, or refrain from acting, based solely upon this or other general information without first seeking appropriate legal, financial, medical and/or other professional advice.
By submitting content to Business Betterment for inclusion on the Site, you hereby grant Business Betterment a world-wide, perpetual, royalty-free license (with right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such content in any and all media or distribution methods (existing or subsequently developed). Such additional uses by Business Betterment, or other companies or individuals who partner with Business Betterment, may be made with no compensation paid to you with respect to the content that you submit, post, or otherwise make available through the service.
10. Links to Third Party Websites
Business Betterment may provide links to other websites and other resources operated by third parties as a convenience to you. Business Betterment does not control such websites, and is not responsible for the content, products, services or information offered by any third parties. Providing links to such websites on our Site does not imply any endorsement of such website or the content, products or services offered, advertised or promoted there, or of any company or person. If you decide to access any third party websites or acquire any third party products or services, you do so entirely at your own risk, and you may be subject to the terms and conditions and the privacy policies imposed by such third party websites.
11. Warranties and General Disclaimer
THE SITE AND ANY CONTENT PROVIDED VIA THE SITE, INCLUDING LINKS, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BUSINESS BETTERMENT DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, THE CONTENT AND ANY PRODUCTS OR SERVICES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY, MERCHANTABILITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM ERRORS, OMISSIONS, COMPUTER VIRUSES OR OTHER MALICIOUS OR UNAUTHORIZED CODE OR PROGRAMS, AND IMPLIED WARRANTIES OR CONDITIONS ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, BUSINESS BETTERMENT DOES NOT REPRESENT OR WARRANT THAT THE SITE, CONTENT OR ANY PRODUCTS, SERVICES OR ANY OTHER INFORMATION ACCESSIBLE VIA THE SITE IS ACCURATE, SECURE, COMPLETE OR CURRENT. AS A CONDITION OF YOUR USE OF THE SITE, YOU WARRANT TO BUSINESS BETTERMENT THAT YOU WILL NOT USE THE SITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THESE TERMS OF USE.
IN ADDITION, THE SITE MAY CONTAIN TYPOGRAPHICAL ERRORS OR INACCURACIES AND MAY NOT BE COMPLETE OR CURRENT. BUSINESS BETTERMENT RESERVES THE RIGHT TO CORRECT ANY ERRORS, INACCURACIES OR OMISSIONS (INCLUDING, WITHOUT LIMITATION, AFTER AN ORDER HAS BEEN SUBMITTED) AND TO CHANGE OR UPDATE INFORMATION AT ANY TIME WITHOUT PRIOR NOTICE. SUCH ERRORS, INACCURACIES OR OMISSIONS MAY RELATE TO PRICING AND AVAILABILITY, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, BUSINESS BETTERMENT RESERVES THE RIGHT TO CANCEL OR REFUSE TO ACCEPT ANY ORDER PLACED BASED ON INCORRECT PRICING OR AVAILABILITY INFORMATION. WE APOLOGIZE IN ADVANCE FOR ANY INCONVENIENCE.
12. Limitation of Liability
YOU AGREE THAT BUSINESS BETTERMENT AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND THIRD PARTY PROVIDERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, MULTIPLIED OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR REVENUES OR FAILURE TO REALIZE EXPECTED GRADES OR ACHIEVEMENTS, OR ANY DAMAGES WHATSOEVER, WHETHER OR NOT SUCH PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY, INCLUDING, WITHOUT LIMITATION, ARISING OUT OF OR IN CONNECTION WITH ANY LOSS OR OTHER DAMAGES IN CONNECTION WITH THE CONTENT PROVIDED BY THE SITE, ANY UNAVAILABILITY OR NONPERFORMANCE OF THE SITE, ERRORS, OMISSIONS, VIRUSES AND MALICIOUS CODE. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. In any event, you agree that Business Betterment’s aggregate liability for damages shall be limited to $100.
Please note that certain laws in certain states and/or provinces do not allow limitations on implied warranties or conditions, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations, may not apply to you, and you may have additional rights to those contained herein. The parties herein agree that this section represents a reasonable allocation of risk.
13. Disclaimer of Certain Damages
Your use of the Site is at our own risk. If you are dissatisfied with any of the Content or other contents of the Site or with these terms, your sole remedy is to discontinue use of the Site.
14. Governing Law
This Site is controlled, operated and administered by Business Betterment from its offices in Quebec. Business Betterment makes no representation or warranty that materials at this Site are appropriate or available for use at any locations outside Quebec.
These Terms of Use are governed by the laws of the province of Quebec and the laws of Canada applicable therein (without regard to conflicts of law principles) and all disputes arising out of or relating to this Agreement are irrevocably submitted to Quebec courts, judicial district of Montreal, without giving effect to the conflict of law provisions of Quebec or your actual state, province or country of residence.
Notwithstanding the foregoing, each party may pursue the protection intellectual property rights and confidential information through injunctive or other equitable relief through the Federal Court.
15. Export Controls
The United States, Canada and certain other countries control the export of products and information. You agree to comply with such restrictions and not to export or re-export the Content to countries or persons prohibited under export control laws. By downloading the Content, you are agreeing that you are not in a country where such export is prohibited and that you are not on the U.S. Commerce Department’s Table of Denial Orders or the U.S. Treasury Department’s list of Specially Designated Nationals. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of the Content.
16. Miscellaneous
If for any reason a court of competent jurisdiction finds any provision or portion of these Terms of Use to be invalid, illegal or unenforceable, in any respect, under any applicable law or rule in any jurisdiction, such invalidity, illegality or unenforceability will not affect the effectiveness or validity of any provision in any other jurisdiction, and these Terms of Use will be modified, construed and enforced in such jurisdiction as if such provision had never been contained herein. Any headings or titles herein are for convenience only. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Business Betterment as a result of these Terms of Use, our Privacy Policy or any use of the Site. Business Betterment’ performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use or our Privacy Policy is in derogation of Business Betterment’ right to comply with law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Business Betterment with respect to such use. These Terms of Use together with the Privacy Policy constitute the entire agreement between you and Business Betterment with respect to visiting the Site, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Business Betterment with respect to the Site. Business Betterment reserves the rights to modify these Terms of Use at its sole discretion.
All rights not expressly granted in these terms are reserved to Business Betterment. Nothing contained in these terms shall be construed as conferring by implication, estoppels or otherwise any license or right under any copyright, patent, trademark or other intellectual property right of Business Betterment or any other person or entity.
17. Language
You and Business Betterment agree that these terms and conditions and all related documents be drawn up in the English language. Les parties confirment leur volonté que cette convention, de même tous les documents qui s’y rattachent, soient rédigés en langue Anglais.