Better Ideas Team Inc.
Effective Date: May 1, 2016
To review material modifications and their effective dates scroll to the bottom of the page.
Better Ideas Team Inc. owns and operates this Better Prospector website businesses. All references to “we”, “us”, this “website” or this “site” shall be construed to mean Better Ideas team Inc.
THE PERSON WHO HAS REGISTERED FOR THIS SYSTEM (THE “MEMBER” OR “YOU”) MUST CAREFULLY READ ALL OF THE TERMS OF THIS AGREEMENT BEFORE SIGNING UP FOR THIS SYSTEM. REGISTRATION FOR AND EACH USE OF THIS SYSTEM INDICATES YOUR ONGOING ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
Any questions concerning this agreement should be referred to [email protected]
This Agreement (the “Agreement”) specifies the Terms of Service for access to and use of the Better Prospector site (herein after “Site”) and describes the terms and conditions applicable to your access of and use of the Site.
- Overview and Subscription.
By registering for and/or using the Better Prospector, you may access and use the Better Prospector application for the purpose of enabling you to use its efficient progressive and/or predictive dialing system to call prospects. By accepting this Agreement, you wish to subscribe to and use the Better Prospector Application.
The Better Ideas Team Inc. owns, operates and manages the Better Prospector to assist and facilitate subscribers with various telecommunication systems and methods. All subscribers must read this agreement carefully and agree to all of the terms and conditions herein before registering and using the Better Prospector.
- Potential Earnings and Disclaimers of Income.
- Proprietary Rights and Ownership.
The Better Prospector System is owned by Better Ideas Team Inc. and as such is protected by United States Proprietary Ownership, Copyright and Trademark Law. You may have access to information, communications, software, photos, text, video, graphics, music, sound, images, and other materials owned, trademarked or copyrighted by Better Ideas Team Inc. (“Content”). You do not acquire ownership rights in or to any content, document, software, services or other materials viewed at or through the Site and/or Site Offerings. The posting of information or material on or through the Site and/or Site Offerings by Better Ideas Team Inc. does not constitute a waiver of any right in or to such information and/or materials.
(b) Except to the extent permitted by law, You may not modify, distribute, prepare derivative works of, reverse engineer, reverse assemble, disassemble, decompile, or otherwise attempt to decipher any code in connection with the System and/or any other aspect of the Better Prospector technology or any of the Better Ideas Team Inc.’s systems.
- Confidential Information.
(a) Through use of the Better Prospector, You may have access to certain information that is confidential and proprietary to the Better Ideas Team Inc. (“Confidential Information”). You agree to protect all Confidential Information by using a reasonable degree of care to prevent the unauthorized use, dissemination, or publication of the Confidential Information.
(b) You agree that a breach of the confidentiality provisions of this Agreement will breach the security of the System and would cause irreparable harm to the Better Prospector for which no adequate remedy at law exists. You therefore agree that in addition to any other remedies available, the Better Ideas Team Inc. shall be entitled to injunctive relief to enforce the terms of this Agreement.
- Method of Acceptance.
You agree that by registering for and using the Better Prospector and the Better Ideas Team System, You are accepting the terms and conditions in this Agreement.
(a) The Site hereby grants, and You hereby accept, a nontransferable, non-exclusive, worldwide, license to use the Better Prospector, subject to the conditions and for the period specified herein.
(b) You agree to use the Better Prospector for Your sole and exclusive personal benefit.
(c) You agree not to sublicense, assign, or transfer the Better Prospector except as expressly provided herein, and agree that any attempt to do so in any way other than expressly provided herein shall be null and void.
(d) All other use of the Content, as defined in Paragraph 4, above, including but not limited to, modification, publication, transmission, participation in the transfer or sale of, reproduction, creation of derivative works from, distribution, performance, display, incorporation into another Web site, mirroring the System, or in any other way exploiting any of the Content, in whole or in part, is prohibited without first obtaining the Better Ideas Team Inc.’s written consent.
- Registration for System.
- a) To use the System, you must register by providing the Site with current, complete and accurate information as prompted by the registration process. You are responsible for updating such registration data as necessary. You shall provide the Better Ideas Team Inc. with accurate, complete and updated registration information. You shall not knowingly provide inaccurate information with the intent to create a false identity.
(b) As part of the registration process, You will choose a password and site ID. You are entirely responsible for maintaining the confidentiality of Your password and account. Furthermore, You are solely responsible for any and all activities that occur under Your account.
(c) You agree that the Better Ideas Team Inc. is a neutral host of the Better Prospector and has no responsibility or liability in relation to any representations You may make as part of Your use of the Better Prospector.
(d) You shall notify Better Ideas Team Inc. immediately at [email protected] of any known or suspected unauthorized uses of Your account, or any known or suspected breach of security, including loss, theft or unauthorized disclosure of Your password. The Better Ideas Team Inc. shall not be liable for any loss that You may incur as a result of a third party using Your password or account, either with or without Your knowledge. You may be held liable for losses incurred by the Better Ideas Team Inc. and/or another party due to a third party using Your account or password.
(e) Any fraudulent, abusive or otherwise illegal activity shall be grounds for termination by the Better Ideas Team Inc. and referral to the appropriate law enforcement agencies.
- User Conduct.
(a) The Better Ideas Team Inc. retains the right, at its sole discretion, to determine whether a Subscriber’s conduct is consistent with the letter and spirit of the Terms and Conditions of Service and may terminate Better Prospector if a Subscriber’s conduct is found to be inconsistent with said Terms and Conditions of Service.
(b) Any unauthorized use of the Better Prospector, or the resale of the Better Prospector, is expressly prohibited. You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your account or password, including the content of your transmissions through the Better Prospector. By way of example, and not as a limitation, you agree not to:
(i) Use the Better Prospector in connection with chain letters, junk email, pyramid schemes, illegal or unethical testimonials, cross soliciting, money games, spamming, or any duplicative or unsolicited messages (commercial or otherwise);
(ii) Harvest or otherwise collect information about others, including without limitation phone numbers and/or email addresses, without their consent;
(iii) Create a false identity or forged email, or otherwise attempt to mislead others as to the identity of the user or the origin of the message;
(iv) Transmit through the System unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature;
(v) Transmit any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright or right of publicity;
(vi) Libel, defame or slander any person, or infringe upon any person’s privacy rights;
(vii) Transmit any material that contains viruses, Trojan horses, worms, time bombs, cancel bots, or any other harmful or deleterious programs;
(viii) Violate any U.S. law regarding the transmission of technical data or software exported from the United States through the System;
(ix) Interfere with or disrupt networks connected to the Better Prospector or violate the regulations, policies or procedures of such networks;
(x) Attempt to gain unauthorized access to the Better Prospector, other accounts, computer systems or networks connected to the Better Prospector, through password mining or any other means;
(xi) Interfere with another’s use and enjoyment of the Better Prospector or another entity’s use and enjoyment of similar services;
(xii) Transmit unsolicited commercial email or “spam”, as defined in the “Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003” (the “CAN-SPAM Act”) (15 U.S.C. §7701), illegally create or collect e-mail addresses, deceptively use e-mail relays or transmissions, or otherwise violate the CAN-SPAM;
(xiii) Engage in conduct in violation of the Federal Trade Commission’s (“FTC”) Telemarketing Sales Rule (“TSR”), codified as 16 C.F.R. Part 310, the Federal Communications Commission’s (“FCC”) Telephone Consumer Protection Act of 1991, as amended (“TCPA”), codified as Title 47 of the U.S. Code §227, including, without limitation, any abusive telemarketing practices, or engage in conduct in violation of all other applicable federal and state laws, regulations and rules relating to telemarketing; or
(xiv) Engage in any other activity that the Better Ideas Team Inc. believes could subject it to criminal liability or civil penalty or judgment.
(c) In addition to Your general obligation to comply with applicable laws, and not in limitation thereof, You warrant and represent that you have read or otherwise become familiar with the Federal Trade Commission’s (“FTC”) Telemarketing Sales Rule (“TSR”), codified as 16 C.F.R. Part 310, the Federal Communications Commission’s (“FCC”) Telephone Consumer Protection Act of 1991, as amended (“TCPA”), codified as Title 47 of the U.S. Code §227, and all other applicable federal and state laws, regulations and rules relating to telemarketing, prior to Your use of the Site (for more information visit http://www.ftc.gov or http://www.fcc.gov). You hereby agree to become, and remain sufficiently familiar with those regulations in order to ensure compliance with their terms.
(d) The Better Ideas Team Inc. does not take any responsibility for monitoring any usage of the Better Prospector. It is Your responsibility to ensure that all usage of the Better Prospector complies with these Terms and Conditions.
(a) The Better Ideas Team Inc. reserves the right at any time to charge fees for access to the Better Prospector or the Better Prospector as a whole or in part. In the event that the Better Ideas Team Inc. so elects, it shall post a notice at an appropriate location on its website(s).
(b) If You order or purchase any type of fee-based account or additional fee-based service from the Better Ideas Team Inc., You authorize the Better Ideas Team Inc, to utilize its merchant account provider to charge Your account provided during the purchase/enrollment process. You authorize the Better Ideas Team Inc. to charge Your account a monthly subscription fee.
(c) It is Your responsibility to keep Your payment information accurate and current with the Better Prospector. If a monthly payment cannot be processed, You will not be able to access Your account until you have paid all outstanding amounts. Failure to rectify the situation within a reasonable amount of time will lead to a cancellation of the account as described below.
(d) If You contact the Better Ideas Team Inc. directly with a specific request for cancellation and refund, including substantial justification for the refund, the Better Ideas Team Inc., in its discretion, may issue a full refund of Your first month’s payment. No refunds are allowed for any admin set up fees.
- Using Your Data.
If you are requesting that the Better Ideas Team Inc. upload Your lists or contact data rather than Your using the data included then.
(a) You represent to the Better Ideas Team Inc. that any and all email addresses and phone numbers that You upload into the system are “Opt in” and contacts that have specifically requested information from You. You also represent than any content the Better Ideas Team Inc, uploads to the Better Prospector is solely owned by You or provided by You with the express authority of the owners, does not infringe upon any other individual’s or organization’s rights (including, without limitation, copyright, trademark or intellectual property rights).
(b) The Better Ideas Team Inc. shall charge or waive an administrative fee for uploading Your data on a “per list” basis at its sole discretion. Charging or waiving this fee does not alter Your requirements per these Terms and Conditions in any way.
(d) The Better Ideas Team Inc. reserves the right to disclose information about sales and usage generated by the System in forms that do not reveal Your personal identity.
- Compliance with Laws.
You agree to comply with all applicable laws regarding Your use of the Better Prospector. You further agree that information provided by You is truthful and accurate to the best of Your knowledge.
(a) You agree to indemnify the Better Ideas team Inc. and hold the Better Ideas Team Inc. harmless from any and all liability, losses, or damages the Better Ideas Team Inc. may suffer as a result of claims, actions, demands, costs, or judgments against it arising from or related to this Agreement or Your use of the Better Prospector, or
(b) In the event of any asserted claim, the Better Ideas team Inc. shall provide You reasonably timely written notice of same, and thereafter You shall at Your own expense defend, protect and save harmless the Better Ideas team Inc. against said claim or any loss or liability hereunder.
(c) In the further event You shall fail to so defend and/or indemnify and save harmless, then in such instance the Better Ideas Team Inc. shall have full rights to defend, pay or settle said claim on its behalf without notice to You and with full rights to recourse against You for all fees, costs, expenses and payments made or agreed to be paid to discharge said claim.
(d) Upon default, You further agree to pay all reasonable attorneys’ fees necessary to enforce this Agreement.
(e) The indemnity obligations shall be unlimited as to amount or duration.
(f) The indemnity obligations shall be binding upon and inure to the benefit of the parties, their successors, assigns and personal representatives.
- Limitation of Liability; No Warranty; Limitation of Damages.
(a) YOU EXPRESSLY AGREE THAT USE OF THE SYSTEM PROVIDED BY THE SITE IS AT YOUR SOLE RISK.
(b) IN NO EVENT SHALL THE BETTER IDEAS TEAM INC.’s LIABILITY RELATED TO ANY OF THE SERVICES PERFORMED UNDER THIS AGREEMENT, EXCEED THE TOTAL FEES PAID BY YOU FOR SUCH SERVICES. THE BETTER IDEAS TEAM INC. SHALL NOT IN ANY EVENT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, AND DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS, EVEN IF THE BETTER IDEAS TEAM INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER SUCH LIABILITY IS BASED ON CONTRACT, TORT, WARRANTY, OR ANY OTHER LEGAL OR EQUITABLE GROUNDS.
(d) THE BETTER IDEAS TEAM INC, ITS AGENTS, AFFILIATES, LICENSORS OR THE LIKE, DO NOT REPRESENT OR WARRANT, EXPRESSLY OR IMPLIEDLY, THAT THEIR SERVICES WILL NOT BE INTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THEIR SERVICES OR AS TO THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION SERVICE OR MERCHANDISE CONTAINED IN OR PROVIDED THROUGH THEIR SERVICES, UNLESS OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT.
(e) THE BETTER IDEAS TEAM INC., ITS OFFICERS, AGENTS, OR ANYONE ELSE INVOLVED IN PROVIDING THE SYSTEM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OR INABILITY TO USE THE BETTER PROSPECTOR; OR FOR ANY DAMAGES THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO PROVIDER’S RECORDS, PROGRAMS, OR SERVICES.
(f) THE SITE WILL EXERCISE NO CONTROL OVER THE CONTENT OF THE INFORMATION PASSING THROUGH THE BETTER IDEAS TEAM INC.’S NETWORK EXCEPT THOSE CONTROLS EXPRESSLY PROVIDED HEREIN.
(g) THE BETTER IDEAS TEAM INC. MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED, FOR THE BETTER PROSPECTOR IT IS PROVIDING. THE SITE ALSO DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND WILL NOT BE RESPONSIBLE FOR ANY DAMAGES THAT MAY BE SUFFERED BY YOU, INCLUDING LOSS OF DATA RESULTING FROM DELAYS OR NON-DELIVERIES.
- Copyrights and Copyright Agent.
If You believe Your work has been copied in a way that constitutes copyright infringement, please provide a notice containing all of the following information to our Copyright Agent:
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(b) A description of the copyrighted work that You claim has been infringed;
(c) A description of where the material that You claim is infringing is located on the Site;
(d) Your address, telephone number, and email address;
(e) A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf. Our Copyright Agent for Notice of claims of copyright infringement on the Site is Better Ideas Team, Inc., and can be reached as follows:
By Mail: 1500 Palma Drive, Suite 258, Ventura CA 93003
By E-mail: [email protected]
- Applicable Law.
You agree that the laws of the State of California without regard to conflicts of law’s provisions will govern these Terms and Condition of Use and any dispute that may arise between You and the Better Ideas Team Inc. or its affiliates.
If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
The Site may terminate this Agreement at any time, with or without notice, for any reason. Upon termination, You shall no longer be entitled to use the System and the licenses granted hereunder shall terminate, but the terms of this Agreement will otherwise remain in effect.
If you have any questions regarding these Terms and Conditions, please contact the owner and operator of this website business at:
Better Ideas Team Inc.
Attn: Compliance Officer
1500 Palma Drive, #258 Ventura, CA, 93003
>>Material Modifications<< Since May 1, 2016: none.