These BETTER WEEKDAYS TERMS OF SERVICE (this “Agreement“) are agreed to between Better Weekdays Inc. (“Better Weekdays”) and you (“You”).
Better Weekdays offers an online networking platform known as Better Weekdays (the “Platform”). Better Weekdays makes the Platform available through various websites (each a “Site”) provided by and on behalf of Better Weekdays (each Site is treated as a part of the “Platform” for purposes of this Agreement).
The Platform provides end users (all end users, including job seekers, potential employers and universities, “Users”) with the ability to provide and access information, data, and content (“Content”), as well as additional services and resources described on the Platform (“Services”).
You are interested in becoming a User of the Platform. Before becoming a User, and before accessing or using the Platform, Content and Services as a User, or providing Content, You are required to agree to the terms of this Agreement.
Unless You have entered into a Subscription Services Agreement with Better Weekdays (a “Subscription Services Agreement”) or You later enter into any other agreements with Better Weekdays regarding the Platform, this Agreement is the complete and exclusive agreement between You and Better Weekdays regarding Your access to and use of the Platform, Content, and Services. Other than a Subscription Services Agreement, this Agreement supersedes any prior agreement or proposal, oral or written, and any other communications between You and Better Weekdays relating to Your use of the Platform, Content or Services as a User of the Platform.
PLEASE CAREFULLY READ THIS AGREEMENT. by ACCESSING OR USING THE PLATFORM, Content or services, or by clicking a box that states that you accept or agree to these terms, YOU agree THAT YOU HAVE READ AND AGREE TO BE BOUND BY THIS AGREEMENT.
IF YOU DO NOT AGREE TO THIS AGREEMENT, or do not meet the qualifications included in this agreement, Better Weekdays IS NOT WILLING TO PROVIDE YOU WITH ACCESS TO OR USE OF THE PLATFORM, CONTENT or SERVICES and YOU MUST NOT ACCESS OR USE THE PLATFORM, CONTENT or SERVICES. IF YOU ACCESS OR USE THE PLATFORM, CONTENT or SERVICES, YOU ACKNOWLEDGE that you meet the qualifications included in this agreement and AGREE TO BE BOUND BY THIS AGREEMENT.
- Definitions. Terms used in this Agreement have the definitions given in this Agreement or, if not defined in this Agreement, have their plain English meaning as commonly interpreted in the United States.
- Term.This Agreement is entered into as of the earlier of the date You first access or use the Platform, Content or Services (the “Effective Date”) and will continue until terminated as set forth herein.
- Modifications. Better Weekdays reserves the right, at any time, to modify the Platform, Content, Services or this Agreement, whether by making those modifications available on the Platform or by providing notice to You as specified in this Agreement. Any modifications will be effective 24 hours following posting on the Platform or delivery of such other notice. You may cease using the Platform, Content or Services or terminate this Agreement at any time if you do not agree to any modification. However, You will be deemed to have agreed to any and all modifications through Your continued use of the Platform, Content or Services following such notice.
- Eligibility. The Platform, Content, and Services are intended for use by individuals 13 years of age and older or by entities. If You are an individual younger than 13, you may not establish an Account or use the Platform, Content or Services. If You are an individual age 13 or older but younger than 18, then You may establish Your own Account and access and use the Platform, Content and Services only if Your parent or guardian accepts this Agreement on Your behalf. If you are a parent or guardian entering this Agreement for the benefit of a child age 13 or older but under 18, then You agree You will be solely responsible for all access to and use of the Platform, Content or Services.
- Account. You are required to establish an account on the Platform (an “Account”) to access the Platform, the Content and Services. Approval of Your request to establish an Account will be at the sole discretion of Better Weekdays. Each Account and the user identification and password for each Account (the “Account ID”) ispersonal in nature, whether your Account is created under a third party entity or not. Each Account is for Your personal use and each Account ID may be used only by You alone (or by Your child under 13 through Your Account under Your direct supervision). You may not distribute or transfer Your Account or Account ID without permission from Better Weekdays or provide a third party with the right to access your Account or Account ID. You are solely responsible for all use of the Platform, Content or Services through Your Account. You will ensure the security and confidentiality of Your Account ID and will notify Better Weekdays immediately if any Account ID is lost, stolen or otherwise compromised. You are fully responsible for all liabilities and damages incurred through the use of Your Account or under any Account ID (whether lawful or unlawful) and that any transactions completed through any Account or under any Account ID will be deemed to have been lawfully completed by You. In connection with establishing an Account, You will be asked to submit certain information about Yourself (“Registration Information”). You agree that: (1) all Registration Information You provide will be true and complete; and (2) You will maintain and promptly update Your Registration Information to keep it accurate and current. You may not: (a) select or use an Account ID of another person with the intent to impersonate that person; and (b) use an Account ID that Better Weekdays, in its sole discretion, deems offensive.
6.1 To the Platform. Subject to Your compliance with this Agreement, Better Weekdays will permit You to access and use the Platform, Content, and Services solely for lawful purposes and only in accordance with the terms of this Agreement and any other agreement You agree to with Better Weekdays, including a Subscription Services Agreement, before being given access to any specific areas of the Platform. Any additional agreement is in addition to this Agreement and will govern your use of the portions of the Platform to which the additional agreement applies in the event of a conflict between the terms of this Agreement and the additional agreement. You agree not to reproduce, display, create derivative works from, republish, post, repost, transmit, distribute, or in any way exploit or utilize any information on the Platform other than as expressly permitted in this Agreement or any other agreement.
6.2 To Other Users. The Platform may allow you to link, connect, or otherwise communicate with other Users, including potential employers, through the Platform. The Platform may allow You to solicit and accept invitations from other Users to interact directly with that User through the Platform. By linking, connecting, accepting an invitation or communicating with other Users, You are agreeing to allow those Users to communicate directly with You through the Platform. You agree that You are solely responsible for all communications between You and any other User through the Platform. Your extension or acceptance of a link, connection or other communication with another User will serve as Your affirmative “opt in” to the disclosure by Better Weekdays of Your Submissions (as defined below), data, and information (which may include Your personally identifiable information) to that other User.
6.3 To Content. Unless otherwise noted on the Platform or in the Subscription Agreement, all Content, including, without limitation, all text, audio, video, photographs, illustrations, graphics and other media, is owned by Better Weekdays and Better Weekdays’ other Content providers. All Content is for informational purposes only and You are solely responsible for verifying the accuracy, completeness, and applicability of all Content and for Your use of any Content. Subject to Your compliance with this Agreement, You may access the Content solely for Your own personal and noncommercial purposes in connection with Your own use of the Platform and Services. You will not, and will not permit any third party to: (a) alter, modify, reproduce, or create derivative works of any Content; (b) distribute, sell, resell, lend, loan, lease, license, sublicense or transfer any Content; or (c) alter, obscure or remove any copyright, trademark or any other notices that are provided on or in connection with any Content. Certain Content may include or be based on data, information or content from other Users and other third party Content providers (“Third Party Content”). Better Weekdays has not verified the accuracy of, and will not be responsible for any errors or omissions in, any Content provided through the Platform. Without limiting the foregoing, Better Weekdays will not be held liable to You or any other third party for any Content (including Your own Submissions) under a Federal Law, the Communications Decency Act or CDA, 47 U.S.C. § 230. Except as set forth in this Agreement, You are granted no licenses or rights in or to any Content, or any IPR (as defined below) therein or related thereto. If You would like to use the Content in a manner not permitted by this Agreement, please contact Better Weekdays.
6.4 To Third-Party Services. The Platform may provide You with the choice to access services developed, provided, or maintained by other third-party service providers (“Third Party Services”). In addition to the terms of this Agreement, Your access to and use of any Third Party Services is also subject to any other agreement You may agree to before being given access to the Third Party Services (each, a “Third Party Service Agreement”). The terms of any Third Party Service Agreement (which may include payment of additional fees) will apply to the applicable Third Party Services provided under that Third Party Service Agreement in addition to the terms of this Agreement but will not apply to any other Services You may access through Better Weekdays. Except as set forth in this Agreement, the terms of any Third Party Service Agreement will control in the event of a conflict between the terms of this Agreement and that Third Party Service Agreement.
- Purchases. In addition to the Content and Services available for no charge through the Platform, You may be offered the opportunity to purchase, subscribe to, or otherwise obtain access to Content, Services, or other products or services through the Platform for an additional fee. Any purchase or subscription will be subject to any terms and conditions displayed in connection with the purchase or subscription in addition to the terms of this Agreement. Unless otherwise indicated on the Platform, purchases or subscriptions made by You through the Platform cannot be exchanged and any fees or charges in connection with those purchases or subscriptions are non-refundable. All information that You provide in connection with a purchase or other transaction through the Platform will be accurate complete and current. You authorize Better Weekdays (or a company chosen to act on behalf of Better Weekdays) to charge the credit card, debit card, mobile services account, or other payment method provided in connection with any transaction made through Your Account on the Platform and agree to honor all charges incurred in connection with any such transaction.
- Termination.This Agreement may be terminated by either party at any time, in that party’s sole discretion, upon notice to the other party as permitted under this Agreement. Upon termination or expiration of this Agreement for any reason: (1) all rights and subscriptions granted to You under this Agreement will terminate; (2) You will immediately cease all use of and access to the Platform and all Content and Services (including, without limitation, all Content You obtained prior to termination); and (3) Better Weekdays may, in its sole discretion, delete Your Account and any of Your Submissions held by Better Weekdays at any time. Sections 1 (Definitions), 8 (Purchases), 9 (Termination), 12 (Ownership), 13 (Representations and Warranties), 14 (Disclaimers), 15 (Indemnity), 16 (Limitation on Liability), 17 (Data Privacy), 19 (Disputes), 20 (Governing Law and Venue), 21 (Notices) and 22 (Additional Terms) will survive any expiration or termination of this Agreement.
- Suspension. Without limiting Better Weekdays’ right to terminate this Agreement, Better Weekdays may also suspend Your access to Your Account and the Platform, Content, or Services (including Your Submissions), with or without notice to You, upon any actual, threatened, or suspected breach of this Agreement or applicable law or upon any other conduct deemed by Better Weekdays to be inappropriate or detrimental to the Platform, Services, Better Weekdays, or any other Better Weekdays customer or user.
- Platform Technology. The Platform, and the databases, software, hardware and other technology used by or on behalf of Better Weekdays to operate the Platform, and the structure, organization, and underlying data, information and software code thereof (collectively, the “Technology”), constitute valuable trade secrets of Better Weekdays. You will not, and will not permit any third party to: (1) access or attempt to access the Technology except as expressly provided in this Agreement; (2) use the Technology in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Technology; (3) use automated scripts to collect information from or otherwise interact with the Technology; (4) alter, modify, reproduce, create derivative works of the Technology; (5) distribute, sell, resell, lend, loan, lease, license, sublicense or transfer any of Your rights to access or use the Technology or otherwise make the Technology available to any third party; (6) reverse engineer, disassemble, decompile, or otherwise attempt to derive the method of operation of the Technology; (7) attempt to circumvent or overcome any technological protection measures intended to restrict access to any portion of the Technology; (8) monitor the availability, performance or functionality of the Technology; or (9) interfere with the operation or hosting of the Technology.
- Ownership. Better Weekdays retains all right, title and interest, including, without limitation, all IPR (as defined below), in and to the Technology and any additions, improvements, updates and modifications thereto. You receive no ownership interest in or to the Technology and You are not granted any right or license to use the Technology itself, apart from Your ability to access the Platform, Content, and Services under this Agreement. The Better Weekdays name, logo and all product and service names associated with the Platform, Content and Services are trademarks of Better Weekdays and its licensors and providers and You are granted no right or license to use them. For purposes of this Agreement, “IPR” means all intellectual property rights, proprietary rights, rights of publicity, rights of privacy, and any and all other legal rights protecting data, information or intangible property throughout the world, including, without limitation, any and all copyrights, trademarks, service marks, trade secrets, patent rights, moral rights, sui generis rights in databases, and contract rights.
- Representations and Warranties.
13.1 Mutual.Each party hereby represents and warrants to the other party that: (a) it has the legal right and authority to enter into this Agreement; (b) this Agreement forms a binding legal obligation on behalf of such party; and (c) it has the legal right and authority to perform its obligations under this Agreement and to grant the rights and licenses described in this Agreement.
13.2 Compliance With Laws.You acknowledge that the Platform is a general purpose online service and is not specifically designed to facilitate compliance with any specific law, rule, or regulation. Your use of the Platform in compliance with any specific law, rule, or regulation applicable to You, or to the Submissions or other data or information you may provide or generate through the Platform, is your sole responsibility. Better Weekdays is not responsible for enabling Your compliance with any such law, rule, or regulation or for Your failure to comply. You represent and warrant to Better Weekdays that Your use of and access to the Platform, including, without limitation, all Submissions and any other data or information You may provide or generate through Your use of or access to the Platform, will comply with all applicable laws, rules, and regulations and will not cause Better Weekdays itself to violate any applicable laws, rules, and regulations.
14.2 No Additional Warranties. THE PLATFORM, CONTENT and SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” Better Weekdays and its providers do not warrant or guarantee the accuracy, completeness, adequacy or currency of any Content or services and do not endorse the views or opinions that may be expressed in the Content or other data or information provided through the PLATFORM. Better Weekdays does not warrant or guarantee that any User is qualified to be a lender in ANY jurisdiction or is a person of a kind specified in article 6 of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001. Better Weekdays AND ITS providers EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO the PLATFORM, CONTENT, SERVICES, and other SUBJECT MATTER OF THIS AGREEMENT, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, title or non-infringement. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY Better Weekdays, ITS EMPLOYEES, PROVIDERS OR AGENTS WILL INCREASE THE SCOPE OF, OR CREATE ANY NEW WARRANTIES IN ADDITION TO, THE WARRANTIES expressly SET FORTH IN THIS SECTION.
- Indemnity. You hereby agree to indemnify, defend, and hold harmless Better Weekdays and its officers, directors, shareholders, affiliates, employees, agents, contractors, assigns, users, customers, providers, licensees, and successors in interest (“Indemnified Parties”) from any and all claims, losses, liabilities, damages, fees, expenses and costs (including attorneys’ fees, court costs, damage awards, and settlement amounts) that result from any claim or allegation against any Indemnified Party arising in any manner from: (1) Your access to or use of the Platform, Content, or Services; (2) any Submissions or other data, information, or Content You access or provide through the Platform; and (3) Your breach of any representation, warranty, or other provision of this Agreement. Better Weekdays will provide You with notice of any such claim or allegation, and Better Weekdays will have the right to participate in the defense of any such claim at its expense.
- Limitation on Liability. Better Weekdays will not BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE), ARISING IN CONNECTION WITH OR OUT OF THE USE OF THE PLATFORM, CONTENT OR SERVICES, EVEN IF Better Weekdays HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF SUBMISSIONS, OPPORTUNITY, REVENUES OR PROFITS, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES. Better Weekdays’ TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THIS AGREEMENT AND all SERVICES provided under this agreement, WHETHER IN CONTRACT OR TORT OR OTHERWISE, WILL NOT EXCEED $10 or, in the case of any purchases you make through the platform, the amounts paid by you to Better Weekdays for those purchases. You agree THAT Better Weekdays WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY. IN JURISDICTIONS WHERE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS NOT PERMITTED, Better Weekdays’ LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
- Claims of Infringement. Better Weekdays respects Your copyrights and other intellectual property rights and those of other third parties. If You believe in good faith that Your copyrighted work has been reproduced on the Platform without Your authorization in a way that constitutes copyright infringement, You may notify our designated copyright agent by mail to:
Better Weekdays Inc.
Attn: Copyright Infringement Agent
911 Washington Ave., Suite 701
St. Louis, MO 63101
Please provide the following information to Better Weekdays Copyright Infringement Agent: (1) the identity of the infringed work, and of the allegedly infringing work; (2) Your name, address, daytime phone number, and email address, if available; (3) a statement that You have a good-faith belief that the use of the copyrighted work is not authorized by the owner, his or her agent, or the law; (4) a statement that the information in the notification is accurate and, under penalty of perjury, that You are authorized to act on behalf of the owner; and (5) Your electronic or physical signature.
- Disputes. Except as otherwise provided below, the parties will attempt to resolve all disputes, controversies, or claims arising under, out of, or relating to this Agreement, including the formation, validity, binding effect, interpretation, performance, breach or termination, of this Agreement and the arbitrability of the issues submitted to arbitration hereunder and non-contractual claims relating to this Agreement (each, a “Dispute”), in accordance with the procedures set forth in this Section. If any Dispute cannot be resolved through negotiations between the parties within 5 days of notice from one party to the other of the Dispute, such Dispute will be finally settled through binding arbitration under the arbitration of the American Arbitration Association (“AAA”) then in effect (the “Rules”). Either party may commence the arbitration by delivering a request for arbitration as specified in the Rules. The arbitration will be conducted before a sole neutral arbitrator selected by agreement of the parties. If the parties cannot agree on the appointment of a single arbitrator within 30 days (the “Initial Period”) after either party to this Agreement delivers a request for arbitration, a neutral arbitrator will be selected as provided in the Rules. The arbitration will be conducted exclusively in the English language at a site specified by Better Weekdays in St. Louis, Missouri, U.S.A. The award of the arbitrator will be the exclusive remedy of the parties for all claims, counterclaims, issues or accountings presented or plead to the arbitrator. The award of the arbitrators will require payment of the costs, fees and expenses incurred by the prevailing party in any such arbitration by the non-prevailing party. Judgment upon the award may be entered in any court or governmental body having jurisdiction thereof. Any additional costs, fees or expenses incurred in enforcing the award may be charged against the party that resists its enforcement.
- Governing Law and Venue. The interpretation of the rights and obligations of the parties under this Agreement, including, to the extent applicable, any negotiations, arbitrations or other proceedings hereunder, will be governed in all respects exclusively by the laws of the State of Missouri, U.S.A. as such laws apply to contracts between Missouri residents performed entirely within Missouri without regard to the conflict of laws provisions thereof. Subject to Section 19, each party will bring any action or proceeding arising from or relating to this Agreement exclusively in a federal court in St. Louis, Missouri, U.S.A. or in state court in St. Louis, Missouri, U.S.A., and You irrevocably submit to the personal jurisdiction and venue of any such courts in any such action or proceeding brought in such courts by Better Weekdays.
- Notices. Unless otherwise specified in this Agreement, any notices required or allowed under this Agreement will be provided to Better Weekdays by postal mail to the address for Better Weekdays listed on the Platform. Better Weekdays may provide You with any notices required or allowed under this Agreement by sending You an email to any email address You provide to Better Weekdays in connection with Your Account, provided that in the case of any notice applicable both to You and other Users of the Platform, Better Weekdays may instead provide such notice by posting on the Platform. Notices provided to Better Weekdays will be deemed given when actually received by Better Weekdays. Notice provided to You will be deemed given 24 hours after posting to the Platform or sending via e-mail, unless (as to e-mail) the sending party is notified that the e-mail address is invalid.
- Additional Terms. Unless otherwise amended as provided herein, this Agreement will exclusively govern Your access to and use of the Platform, Content and Services, and is the complete and exclusive understanding and agreement between the parties, and supersedes any oral or written proposal, agreement or other communication between the parties, regarding Your access to and use of the Platform, Content and Services. Except as expressly set forth in this Agreement, this Agreement may be amended or modified only by a writing signed by both parties. All waivers by Better Weekdays under this Agreement must be in writing or later acknowledged by Better Weekdays in writing. Any waiver or failure by Better Weekdays to enforce any provision of this Agreement on one occasion will not be deemed a waiver by Better Weekdays of any other provision or of such provision on any other occasion. If any provision of this Agreement is held to be unenforceable, that provision will be removed to the extent necessary to comply with the law, replaced by a provision that most closely approximates the original intent and economic effect of the original to the extent consistent with the law, and the remaining provisions will remain in full force. The prevailing party in any lawsuit or proceeding arising from or related to this Agreement will be entitled to receive its costs, expert witness fees and reasonable attorneys’ fees, including costs and fees on appeal. Neither this Agreement nor any rights or obligations of You hereunder may be assigned or transferred by You (in whole or in part and including by sale, merger, consolidation, or other operation of law) without the prior written approval of Better Weekdays. Any assignment in violation of the foregoing will be null and void. Better Weekdays may assign this Agreement to any party that assumes Better Weekdays’s obligations hereunder. The parties hereto are independent parties, not agents, employees or employers of the other or joint venturers, and neither acquires hereunder any right or ability to bind or enter into any obligation on behalf of the other. The Platform, Content or Services may contain links to third-party sites that are not under the control of Better Weekdays. Better Weekdays is not responsible for any content on any linked site and You access any third-party site from the Platform, Content or Services at Your own risk. Upon request from Better Weekdays, You agree to provide Better Weekdays with such documentation or records with respect to Your activities under this Agreement as may be reasonably requested for Better Weekdays to verify Your compliance with the terms of this Agreement and all applicable Laws. Better Weekdays may reference You as a user of the Platform and use Your name and logo, as applicable, in listings of users of the Platform appearing on the Platform and for other marketing and promotional purposes relating to the Platform, Content or Services.