Effective Date: October 26, 2023
Welcome to EarnBetter! Please read on to learn the rules and restrictions that govern your use of our website(s), products, services and applications (the “Services”). If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at: Email: firstname.lastname@example.org
ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION AGREEMENT SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR WIDE ARBITRATION.
You may be required to sign up for an account (“EarnBetter Account”), select a password and user name (“EarnBetter User ID”), and provide us with certain information or data, such as your contact information. You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your EarnBetter User ID a name that you do not have the right to use, or another person's name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.
You will only use the Services for your own internal use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren't authorized to use the Services. We can't and won't be responsible for your using the Services in a way that breaks the law.
You will not share your EarnBetter User ID, EarnBetter Account or password with anyone, and you must protect the security of your EarnBetter User ID, account, password and any other access tools or credentials. You're responsible for any activity associated with your EarnBetter User ID and EarnBetter Account.
You represent and warrant that you are an individual of legal age to form a binding contract.
You represent, warrant, and agree that you will not provide or contribute anything, including but not limited to any User Content (as that term is defined below), to the Services, or otherwise use or interact with the Services, in a manner that: (a) infringes or violates the intellectual property rights or any other rights of anyone else (including EarnBetter); (b) violates any law or regulation, including, without limitation, any applicable export control laws, privacy laws or any other purpose not reasonably intended by EarnBetter; (c) is dangerous, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable; (d) jeopardizes the security of your EarnBetter User ID, EarnBetter Account or anyone else's (such as allowing someone else to log in to the Services as you); (e) attempts, in any manner, to obtain the password, EarnBetter Account, or other security information from any other User; (f) violates the security of any computer network, or cracks any passwords or security encryption codes; (g) runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services' infrastructure); (h) “crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or its content (through use of manual or automated means); (i) copies or stores any significant portion of the content of the Services; or (j) decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services. A violation of any of the foregoing is grounds for termination of your right to use or access the Services.
The Services may permit Users to provide content that may be viewable by other Users, including but not limited to, Job Ads and resumes ("User Content"). The person or entity that provided the User Content shall be solely responsible for such User Content and the consequences of posting or providing it.
You agree that EarnBetter makes no warranties or representations regarding any content provided by third parties, and EarnBetter is not responsible and has no liability for User Content. You understand that you may be exposed to User Content that is incomplete, inaccurate, or is otherwise not suited to your purpose, and you accept that it is your responsibility to verify User Content. Your decision to rely on any User Content is at your own risk. You also understand and agree that it is your responsibility to conduct the appropriate diligence before communicating or interacting with other Users.
EarnBetter has the right to share User Content and any information about the provider of such User Content, to third parties in order to meet legal requirements and fulfill requests from governmental authorities, to provide the Services, and to safeguard EarnBetter's interests as deemed necessary.
Section 230 of the U.S. Communications Decency Act ("CDA") is intended to limit the liability of online service providers such as EarnBetter, when such online service providers make available access to third-party user generated content. The decision by EarnBetter to remove or not distribute any User Content, does not amount to participation in the creation of such User Content and does not constitute a waiver of the immunity afforded by the CDA.
The following list is a representative (but not exhaustive) list of the types of User Content that are prohibited: You agree not to provide User Content that (i) includes any content that we determine to be illegal, damaging, threatening, defamatory, libelous, harassing, harmful, abusive, racially or ethnically offensive, infringing, invasive of personal privacy or publicity rights, profane, or otherwise objectionable; (ii) ridicules, mocks, abuses, intimidates, or disparages anyone; (iii) may create a risk of harm to any person or property; (iv) provides educational information about illegal activities; (v) involves the transmission of unsolicited or junk mail or other communications, pyramid schemes, scamming, or phishing; (vi) provides links to material that is offensive; (vii) provides links to material that is illegal; (viii) contains any information or content that violates any applicable law, regulation, or rule; (ix) targets or solicits Personal Data from anyone under the age of 18; (x) contains any information or content that you do not have a right to make available; (xi) contains any information or content that is deceptive or false; or (xii) violates privacy or the intellectual property rights of any third party. At its sole discretion, EarnBetter can prohibit Users from posting any prohibited types of User Content and remove any User Content uploaded by the User for any reason or no reason.
By providing or making available any User Content, you expressly grant to EarnBetter a royalty-free, perpetual, assignable, non-exclusive, worldwide license to use, sell, reproduce, adapt, translate, sublicense, publicly display, and make derivative works from and otherwise exploit, all such User Content in any medium now or hereafter known, for the purposes of including such User Content on the EarnBetter websites and distributing such User Content to promote EarnBetter and the Services. This license survives even if you stop using the Services. You represent and warrant that you have the authority and power to grant the rights described in this section to User Content that you provide or make available to the Services, that the use by EarnBetter of your User Content will not violate any law or infringe the rights of any third party, and that your User Content and any other information that you provide to us is legal, accurate and complete.
We respect others' intellectual property rights, and we reserve the right to delete or disable User Content alleged to be infringing, and to terminate the accounts of repeat alleged infringers; to review our complete Copyright Dispute Policy and learn how to report potentially infringing content, click here.
If you provide us your mobile phone number, you agree that EarnBetter and its representatives may contact you at that number using text messages to: (i) service your EarnBetter Account or (ii) investigate or prevent fraud. EarnBetter may also offer text message programs, including one-time texts and subscription text services, where we text you for marketing purposes. The foregoing text messages services are collectively referred to as the “SMS Texting Services.” We will not contact you via our SMS Texting Services for marketing purposes unless you affirmatively consent. Consent to receive autodialed texts for marketing purposes is not required as a condition of purchasing any goods or services. By signing up for the SMS Texting Services, you confirm that you want EarnBetter to send you information that we think may be of interest to you, which may include EarnBetter using automated dialing technology to text you at the wireless number you provided, and you agree to receive communications from EarnBetter, and you represent and warrant that each person you register for the SMS Texting Services or for whom you provide a wireless phone number has consented to receive communications from EarnBetter. You agree to indemnify and hold EarnBetter harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys' fees) arising from or in any way related to your breach of the foregoing.
We do not charge for our SMS Texting Services; however, your mobile carrier's standard data and messaging rates will apply. By providing your consent to participate in a SMS Texting Service, you approve any such charges from your mobile carrier. You represent that you are the owner or authorized user of the mobile device associated with the telephone number you designate to receive messages from the applicable SMS Texting Service. You also represent that you are authorized to approve the applicable carrier charges. If you have any questions regarding your mobile carrier charges, please contact your mobile carrier directly.
You can cancel the SMS texting service at any time by texting “STOP” in response to any text message you receive from us. After you send the SMS message “STOP” to us, we will send you an SMS to confirm that you have been unsubscribed. After this you will no longer receive SMS messages from us. If you want to join again, sign up as you did the first time, and we will start sending SMS messages to you again. If at any time you forget what keywords are supported, text “HELP” in response to any text message you receive from us. After you send the SMS message “HELP” to us, we will respond with instructions on how to use our SMS Texting Services as well as how to unsubscribe. Message frequency may vary.
You acknowledge and agree that the SMS Texting Services are provided via wireless systems to transmit communications over complex networks. We will not be liable for any delays in the receipt of any text messages, as delivery is dependent on successful transmission from your network operator. The SMS Texting Services are provided on an AS-IS basis. We do not guarantee that your use of these services will be private or secure, and we are not liable to you for any lack of privacy or security you may experience.
By providing EarnBetter your email address, you consent to our using the email address to send you communications regarding the Services and other non-commercial notices, including any notices required by law, in lieu of communication by postal mail. We may also send you email job alerts or marketing communications until you opt-out. If you do not want to receive job alert emails and/or marketing communications from us, you may follow the opt-out and/or unsubscribe instructions in the email message. Note that opting out may prevent you from receiving email messages regarding updates, improvements, or offers. While you can opt-out of marketing messages and email job alerts, you cannot opt-out of communications related to the Services, including those related to legal notices, security, your EarnBetter Account, your use of our Services, and other transactional purposes unless you deactivate your EarnBetter Account and stop using our Services.
As part of the Services, you may be provided the functionality to link your EarnBetter Account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account; or (2) providing your Third-Party Account login information through the Service. You represent and warrant that you are entitled to disclose your Third-Party Account login information to EarnBetter and/or provide EarnBetter access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating EarnBetter to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By providing us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store any content that you have provided to and stored in your Third-Party Account (the “Third-Party Account Content”) so that it is available on and through the Service via your EarnBetter Account and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your EarnBetter Account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your EarnBetter Account. Note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Third-Party Account Content may no longer be available on and through the Service. You will have the ability to disable the connection between your EarnBetter Account and your Third-Party Accounts at any time. Your relationship with the third-party service providers associated with your Third-Party Accounts is governed solely by your agreement(s) with such third-party service providers. We make no effort to review any Third-Party Account Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Third-Party Account Content.
The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won't use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else's (including EarnBetter's) rights. Subject to these Terms, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content for any purpose other than using the Services is expressly prohibited without prior written permission from us. You understand that EarnBetter owns the Services. You won't modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services. The Services may allow you to copy or download certain Content, but please remember that even where these functionalities exist, all the restrictions in this section still apply.
If you submit any ideas, suggestions, comments, opinions, documents, and/or proposals to EarnBetter regarding the enhancement, modification or improvement of the Services (“Feedback”), you hereby grant to EarnBetter a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback. You further agree not to provide any Feedback that is false or misleading or that breaches any agreement you have with a third party.
These additional terms apply to individuals using the Services to seek employment opportunities (“Job Seekers”).
EarnBetter may make available job advertisements, which may include links to third-party websites (“Job Ads”). EarnBetter may display Job Ads based on a number of factors, including but not limited to, relevance to search terms, profile, preferences and activity conducted on EarnBetter, as well as compensation paid by employers to EarnBetter.
EarnBetter may provide filters to help you narrow down Job Ads (i.e., remote positions etc.), and such filters are created independently and entirely by EarnBetter, and may not accurately reflect the content of the Job Ads. EarnBetter may also summarize why certain Job Ads may or may not be a good match for your profile and/or preferences. Such summaries are provided for informational purposes only, and EarnBetter makes no representative or warranty regarding the accuracy of such summaries. EarnBetter does not guarantee that applying to jobs through EarnBetter will lead to a better job application experience, a job interview, or a job offer. EarnBetter's website does not contain an exhaustive list of Job Ads, and no conclusions can be drawn with respect to Job Ads or employers that are not displayed on EarnBetter.
EarnBetter may provide salary, benefits and other information regarding Job Ads and/or employers to users for informational purposes only. This information provided by EarnBetter may be based on estimates and/or generated by third parties, and it is given for informational purposes only and without warranty. Note that all salary figures displayed on EarnBetter are approximations and are provided to EarnBetter users for general informational purposes. You should always consult the employer for the most up-to-date and accurate information about a job or company and note that minimum wage may differ by jurisdiction. EarnBetter, in its sole discretion, may also add badges, labels, or descriptions to Job Ads for informational purposes. EarnBetter does not guarantee the accuracy of any label, badge or descriptions that are added to employer names or Job Ads. The lack of such a badge, label or description may indicate that EarnBetter does not have sufficient data to determine if such a badge, label or description should apply.
You understand and agree that EarnBetter has no obligation to present you with any or all Job Ads. Job Ads are created by third parties over whom EarnBetter has no control. You understand and agree that EarnBetter is not obligated to screen any Job Ads for accuracy or completeness, and we cannot guarantee the accuracy or completeness of any Job Ad. If you leave EarnBetter and decide to enter a third-party website, you accept any terms and conditions established by that third-party.
By creating a resume on EarnBetter (“EarnBetter Resume”), you are authorizing EarnBetter to scan, review and store your resume and provide you feedback (in EarnBetter's sole discretion), including suggested changes, jobs you may consider applying to, and suggestions for additional content you may want to include in your EarnBetter Resume. You are the only one responsible for deciding which jobs to apply to and what to include in your resume and your applications. You agree that your use of any feedback or suggestions, including but not limited to suggested content generated using artificial intelligence or other machine learning tools, is at your sole discretion. EarnBetter assumes no responsibility and disclaims all liability for any actions you take based on any provided feedback or suggestions. EarnBetter does not guarantee that any recommended jobs are suited for you.
EarnBetter may share with you Job Ads based on the contents of your EarnBetter Resume. EarnBetter may also identify skills, keywords, qualifications or other content in your EarnBetter Resume that may be included in the Job Ad, or identify skills, keywords, qualifications or other content that is included in the Job Ad and may not be included in your EarnBetter Resume. This information does not mean that you should or should not apply to any particular job, or that you are or are not qualified for any particular job. Applying for Job Ads does not guarantee job interviews or hiring. EarnBetter may provide you with the ability to share your EarnBetter Resume through a unique URL. If you use this functionality, then any User of the Services with access to that unique URL will have the ability to view your EarnBetter Resume.
As a Job Seeker, you may be presented the opportunity to apply for jobs (“Job Applications”). By applying to a Job Ad on the Services, you give us permission to store your information on the Services and to share your information (including your resume), with the entity that posted the Job Ad.
Once you submit a Job Application, your resume and other applicable information will be shared with the entity that posted the Job Ad. As a result, you should ensure that the information provided in the Job Application is complete, updated and accurate, and only contains information that you are comfortable sharing. Although EarnBetter may request that companies maintain the confidentiality of the Job Applications, EarnBetter cannot and does not guarantee that the information you provide will be held in confidence or properly secured by the applicable recipient. When you search for jobs on EarnBetter and proceed to apply for a job, including jobs on third-party sites, EarnBetter may suggest information from your profile to include in your resume and/or application. It is your responsibility to review suggestions before accepting them and including them in your resume or on your application.
Any screener questions provided by the entity posting a Job Ad are entirely in the control of that entity and if you require alternate screener questions or application processes, you must contact the applicable entity directly. If you ask EarnBetter to submit a message to any employer or third party or if you apply for a job using the Services, you accept that EarnBetter does not guarantee that the recipient entity will receive, access, view, or respond to your requests or Job Applications, or that the transmission of data will be error-free. The employer is solely responsible for its screening and hiring decisions.
You are solely responsible for your interactions with Users whom you contact or who contact you. You should use caution with regard to the information you elect to share as part of your profile or Job Application or EarnBetter Resume. Only list the contact information that you are comfortable disclosing to other Users of the Services. You should conduct your own due diligence on potential employers and Job Ads that may be of interest to you. EarnBetter does not authenticate Users or guarantee that a Job Ad is suitable, legitimate or real. In the event that you have a dispute with one or more other User(s) or any third party, you release EarnBetter, its directors, officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. You shall and hereby do waive California Civil Code Section 1542 or any similar law of any jurisdiction, which says in substance: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
EarnBetter may use third party tools that integrate with our Services including artificial intelligence tools, machine learning and other autonomous systems that execute algorithms for the purpose of delivering Services, such as resume and cover letter writing, to the Users. EarnBetter may modify, edit, correct, or change at any moment the output generated by these tools. EarnBetter does not guarantee that such output will be free from any errors or omissions. EarnBetter also does not guarantee that such output will be available all the time and may remove such services at any time. EarnBetter expressly disclaims any liability that may arise by content generated and/or used as part of the usage of these artificial intelligence and other machine learning tools.
These additional terms apply to entities using the Services to post or distribute Job Ads on behalf of yourself and/or a third party (“Job Advertisers”).
Regarding all Job Ads that you submit, whether on your own behalf or on behalf of a third party, you warrant and represent that (i) the content and use of Job Ads will comply with advertising standards, applicable laws and rights of any third parties and (ii) you have power and authority to use Job Ads pursuant to these Terms. You understand and agree that you are solely responsible for any liability arising out of publication of Job Ads or material to which users can link though such Job Ads. You agree not to provide any Job Ads that: (i) contain misleading or false information; (ii) include language and/or keywords that are not relevant to the job opportunity being presented; (iii) sell, promote or advertise products or services; (iv) promote a position that is expired; (v) involves a criminal enterprise or would require engaging in illegal activity to perform such job; (vi) contains content or links to content that exploit people in a sexual, violent or other manner; (vii) solicits Personal Data from anyone under the age of 13; (viii) includes any screening requirement or criteria where such requirement or criteria is not a bona fide occupational requirement for the role; (ix) promotes any franchise, pyramid scheme, “club membership”, distributorship, multi-level marketing opportunity, or sales representative agency arrangement or any employment, job or business opportunity that requires an up-front or periodic payment or requires recruitment of other members, sub-distributors, or subagents; (x) requires applicants to pay to apply or for training; (xi) contains links to any site competitive with EarnBetter other than to an actual job posting; or (xii) advertises jobs located in countries subject to economic sanctions of the United States government. Job Ads must comply with all applicable laws and regulations including, but not limited to, those relating to labor and employment, and anti-discrimination. If you believe that any content on our Services violates these Rules for Job Ads, please contact us at email@example.com.
By providing Job Ads to EarnBetter, you agree that EarnBetter is under no obligation to publish or distribute your Job Ads. Further, you acknowledge and agree that EarnBetter may, at its sole discretion, distribute Job Ads to third-party services. You agree that EarnBetter is not liable to you or any third party if your Job Ad is not posted or not distributed. EarnBetter does not guarantee any responses to your Job Ads or that any responses will be from job seekers qualified for the position you advertised. We make no guarantee regarding the quality of candidates that you will receive from your Job Ad, and you are solely responsible for screening and evaluating candidates.
You agree that as a Job Advertiser, you are an independent contractor and not an employee, partner, representative, agent, joint venturer, independent contractor or franchisee of EarnBetter.
You are responsible for all activity of any person or entity that is able to access the Services using your EarnBetter Account. You agree that: (i) you will not sell access to your EarnBetter Account or the Services; (ii) you will not share log-in credentials and EarnBetter Account information with third parties; (iii) you will not charge for use of or access to any portion of the Services; (iv) you will ensure that authorized users comply with the Terms and any other agreement that you have with; (v) you will cooperate with EarnBetter with respect to the investigation of any suspected or alleged violation of the Terms and any action by EarnBetter to enforce the Terms. and (vi) you will immediately notify EarnBetter of any suspected or alleged violation of the Terms. Any posting of Job Ads or interactions with Job Seekers through the Services shall happen only by an authorized user. You are responsible for your use of the Services, including without limitation any content included in your Job Ads, compliance with laws, and interactions with Job Seekers. EarnBetter may suspend, limit, or terminate an authorized user's access to the Services in the event that EarnBetter reasonably determines that such authorized user has violated these Terms or appears likely to do so.
You acknowledge and agree that EarnBetter, in its sole discretion, may remove any Job Ad or other content that violates or may violate the Terms, applicable laws, rules or regulations, or third party terms; or may adversely affect EarnBetter; or is false, inaccurate, misleading, deceptive, fraudulent, libelous, defamatory, immoral, offensive, obscene, pornographic, disruptive, threatening, abusive or illegal; or which may violate or lead to the violation of the rights of, or harms or threatens the safety and privacy of any third party. Notwithstanding anything to the contrary, EarnBetter may disclose User Content, user identities, or anything else you may provide or upload to the Services to comply with any law, regulation, court order or other legal requirement that compels such disclosure. YOU HEREBY WAIVE AND AGREE TO INDEMNIFY AND HOLD HARMLESS EARNBETTER AND ITS OFFICERS, DIRECTORS AND EMPLOYEES FROM ANY CLAIMS, DAMAGES, COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEY'S FEES) RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A CONSEQUENCE OF SUCH INVESTIGATIONS.
You agree to deal professionally and fairly with individuals who may respond to your Job Ad and agree to indemnify EarnBetter from and against any claim brought by an individual against EarnBetter arising from your breach of these Terms or any other agreement you have with EarnBetter.
You agree to implement appropriate information security measures to prevent unlawful or unauthorized access to any Personal Data. You further agree to comply with applicable data protection and privacy laws and regulations in applicable jurisdictions. You agree to indemnify, hold harmless, and defend EarnBetter at your own expense against all costs, claims, damages or expenses incurred by EarnBetter for which we may become liable due to any failure by you or your personnel or agents to comply with any of your obligations under this section and applicable data protection and privacy laws and regulations.
The Service may include links to other websites ("Third-Party Websites") as well as articles, text, pictures, and other content originating from third parties ("Third-Party Content"). EarnBetter does not investigate, monitor or check for accuracy such Third-Party Websites and such Third-Party Content, and we are not responsible for any Third-Party Websites or Third-Party Content. If you decide to leave the Service and access the Third-Party Websites or to use any Third-Party Content, you do so at your own risk. You should review the applicable terms and policies of any website to which you navigate from the Service. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and by using the Services, you release and hold us harmless from any harm caused by your purchase of such products or services. Additionally, by using the Services, you release and hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
EarnBetter and its licensors, suppliers, partners, parent, subsidiaries or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns (EarnBetter and all such parties together, the “EarnBetter Parties”) make no representations or warranties concerning the Services, including without limitation regarding any Content contained in or accessed through the Services, and the EarnBetter Parties will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services or any claims, actions, suits procedures, costs, expenses, damages or liabilities arising out of use of, or in any way related to your participation in, the Services. The EarnBetter Parties make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through or in connection with the Services. THE SERVICES AND CONTENT ARE PROVIDED BY EARNBETTER (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL ANY OF THE EARNBETTER PARTIES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, (B) ANY SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF TEN DOLLARS ($10) DOLLARS OR (D) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
To the fullest extent allowed by applicable law, you agree to indemnify and hold the EarnBetter Parties harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys' fees) arising from or in any way related to any claims relating to (a) your use of the Services (including any actions taken by a third party using your EarnBetter Account), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your EarnBetter Account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
Please read the following ARBITRATION AGREEMENT carefully because it requires you to arbitrate certain disputes and claims with EarnBetter and limits the manner in which you can seek relief from EarnBetter. Both you and EarnBetter acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of these Terms, EarnBetter's officers, directors, employees and independent contractors (“Personnel”) are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Personnel will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof.
The parties shall use their best efforts to settle any dispute, claim, question, or disagreement arising out of or relating to the subject matter of these Terms directly through good-faith negotiations, which shall be a precondition to either party initiating arbitration. If such negotiations do not resolve the dispute, it shall be finally settled by binding arbitration in Contra Costa, California. The arbitration will proceed in the English language, in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the “Rules”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. The arbitrator shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction.
The Rules will govern payment of all arbitration fees.
Either you or EarnBetter may assert claims, if they qualify, in small claims court in Contra Costa, California or any United States county where you live or work. Furthermore, notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction, to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights.
YOU AND EARNBETTER WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and EarnBetter are instead choosing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and EarnBetter over whether to vacate or enforce an arbitration award, YOU AND EARNBETTER WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.
ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor EarnBetter is entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in (g) below.
You have the right to opt out of the provisions of this Section by sending written notice of your decision to opt out to firstname.lastname@example.org within thirty (30) days of first accepting these Terms. You must include (i) your name and residence address, (ii) the email address and/or telephone number associated with your EarnBetter Account, and (iii) a clear statement that you want to opt out of these Terms' arbitration agreement.
If you send the opt-out notice in (f), and/or in any circumstances where the foregoing arbitration agreement permits either you or EarnBetter to litigate any dispute arising out of or relating to the subject matter of these Terms in court, then the foregoing arbitration agreement will not apply to either party, and both you and EarnBetter agree that any judicial proceeding (other than small claims actions) will be brought in the state or federal courts located in, respectively, Contra Costa, California, or the federal district in which that county falls.
These Terms shall remain in full force and effect while you use the Service. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICE OR DELETE YOUR EARNBETTER ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION. If we terminate or suspend your EarnBetter Account for any reason, you are prohibited from registering and creating a new EarnBetter Account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your EarnBetter Account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us, including without limitation the arbitration agreement.
These Terms are governed by and will be construed under the Federal Arbitration Act, applicable federal law, and the laws of the State of California, without regard to the conflicts of laws provisions thereof.
Without notice and at our sole discretion, we reserve the right to change, modify, or remove the contents of the Service at any time and for any reason. Further, we have no obligation to update any information on our Service. We also reserve the right to modify or discontinue all or part of the Service without notice at any time. We will not be liable to you or any third party for any modification, suspension, or discontinuance of the Service. We cannot guarantee the Service will be available at all times. We may experience technical disruptions or need to perform maintenance related to the Service, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Service during any downtime or discontinuance of the Service. Nothing in these Terms will be construed to obligate us to maintain and support the Service or to supply any corrections, updates, or releases in connection therewith.
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable.
There may be information on the Service that contains typographical errors, inaccuracies, or omissions, including descriptions, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Service at any time, without prior notice.
Visiting the Service, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Service, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES AND POLICIES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
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 them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
We reserve the right, but not the obligation, to: (1) monitor the Service for violations of these Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your User Content or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Service or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Service in a manner designed to protect our rights and property and to facilitate the proper functioning of the Service.
You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your EarnBetter Account, in any way (by operation of law or otherwise) without EarnBetter's prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. You and EarnBetter agree that these Terms are the complete and exclusive statement of the mutual understanding between you and EarnBetter, and that these Terms supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of EarnBetter, and you do not have any authority of any kind to bind EarnBetter in any respect whatsoever. Except as expressly set forth in the sections above regarding the arbitration agreement, you and EarnBetter agree there are no third-party beneficiaries intended under these Terms.