Terms and Conditions of Use and Service
Access To This Site
YOU MUST BE EIGHTEEN (18) YEARS OR OLDER TO ACCESS THIS WEB SITE. IF YOU ARE UNDER EIGHTEEN (18) YEARS OF AGE, YOU ARE NOT PERMITTED TO ACCESS THIS WEB SITE FOR ANY REASON. DUE TO THE AGE RESTRICTIONS FOR USE OF THIS WEB SITE, NO INFORMATION OBTAINED BY THIS WEB SITE FALLS WITHIN THE CHILDREN'S ONLINE PRIVACY PROTECTION ACT (“COPPA”) AND IS NOT MONITORED AS DOING SO.
To access this Site or some of the resources it has to offer, you may be asked to provide certain registration details or other information. It is a condition of your use of this Site that all the information you provide on this Site will be correct, current, and complete. If BetterNetworker believes the information you provide is not correct, current, or complete or you have breached these Terms, we have the right to refuse you access to this Site or any of its resources, and to terminate or suspend your access at any time, without notice.
Restrictions On Use
This Site may be hyper-linked to other Sites that are not maintained by, or related to, BetterNetworker. Hyper-links to such Sites are provided as a service to users and are not sponsored by or affiliated with this Site or BetterNetworker. BetterNetworkerhas not reviewed any or all of such Sites and is not responsible for the content of those Sites. Hyper-links are to be accessed at the user's own risk, and BetterNetworker makes no representations or warranties about the content, completeness, or accuracy of these hyper-links or the Sites hyper-linked to this Site. Further, the inclusion of any hyper-link to a third-party Site does not necessarily imply endorsement by BetterNetworker of that Site.
Consent to Automated Phone Calls
BY CLICKING THE ACCEPT BUTTON TO THESE TERMS, YOU HEREBY CONSENT THAT BETTERNETWORKER MAY PLACE AUTOMATED AND LIVE PHONE CALLS TO THE NUMBER YOU PROVIDE. FOR MORE INFORMATION, SEE SECTION 16 CFR 310.
You understand that BetterNetworker cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses, or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this Site for the reconstruction of any lost data. BetterNetworker does not assume any responsibility or risk for your use of the Internet.
The Content is not necessarily complete and up to date and should not be used to replace any written reports, statements, or notices provided by BetterNetworker. Investors, borrowers, and other persons should use the Content in the same manner as any other educational medium and should not rely on the Content to the exclusion of their own professional judgment. Information obtained by using this Site is not exhaustive and does not cover all issues, topics, or facts that may be relevant to your goals. YOUR USE OF THIS SITE IS AT YOUR OWN RISK. The Content is provided as is and without warranties of any kind, either expressed or implied. BetterNetworker disclaims all warranties, including any implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement. BetterNetworker does not warrant that the functions or Content contained in this Site will be uninterrupted or error free, that defects will be corrected, or that this Site or the server that makes it available are free of viruses or other harmful components. BetterNetworker does not warrant or make any representation regarding use, or the result of use, of the Content in terms of accuracy, reliability, or otherwise. The Content may include technical inaccuracies or typographical errors, and BetterNetworker may make changes or improvements at any time. You, and not BetterNetworker, assume the entire cost of all necessary servicing, repair, or correction IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. BETTERNETWORKER MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT. All of the information posted by BetterNetworker in this Site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this Site, and BetterNetworker does not undertake any obligation to update such information after it is posted or to remove such information from this Site if it is not, or is no longer, accurate or complete. You agree that BetterNetworker does not have any obligation to monitor or correct information that has been posted by other customers or third parties on this Site.
Limitation On Liability
BETTERNETWORKER, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF BETTERNETWORKER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF BETTERNETWORKER AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO BETTERNETWORKER FOR THE APPLICABLE CONTENT, PRODUCT, OR SERVICE OUT OF WHICH LIABILITY AROSE ("Cumulative Liability Cap"). SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR EXCLUSIONS OF DAMAGES, SO SUCH DISCLAIMERS OR EXCLUSIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING THE PRIOR SENTENCE, YOU AGREE THAT, IF BETTERNETWORKER IS FOUND LIABLE, BETTERNETWORKER’S CUMULATIVE LIABILITY WILL BE CAPPED AT THE CUMULATIVE LIABILITY CAP SET FORTH ABOVE.
Legal notices shall be served on BetterNetworker's national registered agent and to you via your e-mail address that you provide to BetterNetworker during the initial registration process.
Trademarks, service marks, and logos appearing in this Site are the property of BetterNetworker or the party that provided the trademarks, service marks, and logos to BetterNetworker. BetterNetworker and any party that provided trademarks, service marks, and logos to BetterNetworker retain all rights with respect to any of their respective trademarks, service marks, and logos appearing in this Site.
Information You Provide
You may not post, send, submit, publish, or transmit in connection with this Site any material that:
- you do not have the right to post, including proprietary material of any third party;
- advocates illegal activity or discusses an intent to commit an illegal act;
- is vulgar, obscene, pornographic, or indecent;
- does not pertain directly to this Site;
- threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening, or offensive;
- seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details, or otherwise;
- infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity;
- violates any law or may be considered to violate any law;
- impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
- advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this Site;
- solicits funds, advertisers, or sponsors;
- includes programs that contain viruses, worms, and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
- disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise acts in a way that affects the ability of other people to engage in real-time activities via this Site;
- includes MP3 format files;
- amounts to a "pyramid" or similar scheme;
- disobeys any policy or regulations established from time to time regarding use of this Site or any networks connected to this Site; or
- contains hyper-links to other Sites that contain content that falls within the descriptions set forth above.
Any passwords used for this Site are for individual use only. You will be responsible for the security of your password (if any). BetterNetworker will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that BetterNetworker considers insecure, BetterNetworker will be entitled to require the password to be changed and/or terminate your account.
You are prohibited from using any services or facilities provided in connection with this Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, BetterNetworker reserves the right to release your details to system administrators at other Sites in order to assist them in resolving security incidents.
BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS BETTERNETWORKER FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY BETTERNETWORKER DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER BETTERNETWORKER OR LAW ENFORCEMENT AUTHORITIES.
This Site may contain third-party advertisements and links to third-party Sites. BetterNetworker does not make any representation as to the accuracy or suitability of any of the information contained in those advertisements or Sites and does not accept any responsibility or liability for the conduct or content of those advertisements and Sites and the offerings made by the third parties. Third-party advertisements and links to other Sites where goods or services are advertised are not endorsements or recommendations by BetterNetworker of the third-party Sites, goods, or services. Your access to or use of them is at your own risk.
External Links Disclaimer
BetterNetworker provides links to external Web Sites solely as a service to our users. These links do not, in any way, constitute an endorsement of the linked pages or any commercial or private issues or products or services contained therein, and none should be inferred. BetterNetworker makes no warranty or representation concerning the content of these sites, or secondary Sites from the pages to which they link.
These external Web Sites were initially checked by BetterNetworker, and are periodically re-evaluated to confirm they are still active and relevant, but they may have changed since last reviewed.
Refunds, Billing, and Cancellation
In the case of a paid membership, our monthly membership comes with a 14-day trial period, while our annual membership does not. A valid credit card is needed to start a membership.
For the monthly membership, we will charge your card for $1 immediately. At the end of the monthly membership trial period, we will charge your card for the full monthly amount. When purchasing a monthly membership, you agree to pay the monthly amount (after the trial) until you choose to cancel.
For the annual membership, we will charge your card for the full annual amount immediately. When purchasing an annual membership, you agree to pay the annual amount until you choose to cancel.
Note: In some circumstances due to technical error or credit card issues, funds may be authorized for purchase but not collected. The authorization may show up on your statement as a charge, but you will not be billed. The funds are usually held by the credit card issuer for a period of 5 business days, at which time they will expire.
You are under no obligation and you can cancel at any time by contacting support using the Help link on the top navigation menu on our Web Site. You may also contact us by phone at , or by postal mail at the following address:
300 West 6th Street, Suite 2200
Austin, Texas 78701
There are no refunds for the monthly or annual membership, all sales are final.
BetterNetworker bills monthly memberships in 30-day increments from your anniversary date, and annual memberships in one-year increments from your anniversary date.
Charges will show up as "BetterNetworker.com" on your statement.
Service Level Agreement
To ensure optimal performance of the servers, BetterNetworker will perform routine maintenance on the servers on a regular basis, requiring servers to be removed from service. From time to time services may be unavailable for a short period of time.
BetterNetworker, in the best of its ability, will perform maintenance during off-peak hours.
Emergency maintenance and downtime may also occur without notice. Due to this, in some instances, the Site may be unavailable during peak hours.
BetterNetworker, under the best of its ability, will try to obtain at least 99% uptime. In cases where paid membership is involved, no compensation will be granted for downtime to paid members.
BetterNetworker will do its best to provide notice of scheduled maintenance and downtime, but it is not guaranteed.
Last updated: June 3rd, 2011.