Terms and Conditions
Below are some simple ground rules you'll need to agree to before using ManageBetter.
By agreeing to these terms during the account sign-up process, or even using ManageBetter without a personal account, you accept these terms.
If you do not agree with these terms, you should not accept them, in which case you do not have the right to use ManageBetter. If you have any questions, please drop us a line at lewis@managebetter.com.
Terms and Conditions of Use
By using or signing up for ManageBetter, you are agreeing to be bound by the following terms and conditions (the “Agreement”).
The ManageBetter Terms of Service is comprised of the following agreements:
ManageBetter Services
Credits and Payment Terms
Service Eligibility and ManageBetter Account
Termination
Intellectual Property Rights
A. ManageBetter’s Intellectual Property Rights
B. Your Intellectual Property Rights
C. Third-Party Intellectual Property Rights
Disclaimers and limitation of liability of warranty
Content Policy
A. Prohibited Uses of the Site
B. Enforcement
C. Reporting and Correcting Violations
Privacy Policy
A. Data Policy
B. Cookie Policy
C. Copyright Policy
General provisions
Definitions
1. ManageBetter Services
We will provide the ManageBetter services in accordance with this Agreement and the other terms and conditions described on our website at https://www.managebetter.com.
2. Credits and Payment Terms
2.1 Currency. All payments referenced on, or charged through, ManageBetter are listed and payable in USD.
2a. Credits. Users may buy ManageBetter credits ( "Credits" ) through PayPal on the Website. Credits are non-returnable, non-refundable, non-transferable and cannot be converted into monetary currency or used to redeem any goods or services outside of the Website. Users shall have no right to redeem Credits for anything other than Content available for purchase on the Website Credits. Interest shall not accrue on Credits. Transactions involving the accumulation or expenditure of Credits may be subject to further terms and conditions to be made available on the Website. Upon termination of a User’s account by either ManageBetter or the User, the User acknowledges that any and all Credits remaining in that User's ManageBetter account will automatically expire.
2b. One-Time Prior Payment. Referrals require pre-paid credits to view. Payment will be automatically taken and will show up as a charge to your credit card in the amount indicated for the Content or package that you elect to purchase. All payments are non-refundable.
2c. Price Changes. We reserve the right to adjust pricing for any Content or services at any time as we may determine in our sole and absolute discretion.
2d. No Refunds. Payments and purchases are non-refundable and non-transferable.
2e. Taxes. Except for taxes on ManageBetter’s income and gross receipts or where ManageBetter is otherwise required to collect taxes, you acknowledge that you are solely responsible to pay any applicable taxes that arise as a result of your purchase.
3. Service Eligibility and ManageBetter Account
Service Eligibility
Here are some promises you make to us in this Agreement:
You are at least 13 years old ("Minimum Age").
You are not previously restricted by ManageBetter from using our Services.
To become a customer, you must complete a form and create an account by providing your name, email address, and any other information indicated as required. We may reject any order form or application for an account for any reason, in our sole discretion. You acknowledge that we will use the email address provided by you as the primary method for communication. You are responsible for keeping your account password secure. We cannot and will not be liable for any loss or damage arising from any failure to maintain the security of the account and password.
If you sign up for an account on behalf of your employer, your employer will be deemed to be the customer for the purpose of this Agreement, and you represent and warrant that you have the authority to bind your employer to this Agreement. Each customer is responsible for assuring that its employees, agents and subcontractors comply with this Agreement.
4. Termination
Either party may terminate this Agreement at any time, with or without cause, effective immediately upon written or electronic notice. Upon termination of this Agreement, all rights granted to you hereunder will cease immediately, including but not limited to the right to access the Account, unless otherwise determined in our sole discretion.
We try to keep our Site and the Site Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services. In fact, we might even stop providing the Site or Site Services completely or stop providing certain features without notice.
5. Intellectual Property Rights
5a. ManageBetter’s Intellectual Property Rights
ManageBetter and our licensors retain all rights, titles, and interests in and to all Intellectual Property Rights related in and to the Site and the Site Services. The ManageBetter logos and names are trademarks belonging to ManageBetter and are registered in certain jurisdictions. All other product names, company names, marks, logos, and symbols on the Site or Site Services may be the trademarks of their respective owners.
You agree not to provide us with any confidential or proprietary information. Each party acknowledges and agrees that the other party may freely use and otherwise commercially use any ideas, feedback or suggestions provided by it to the other party.
5b. Your Intellectual Property
We take no responsibility for and we do not expressly or implicitly endorse any of Your Content. Online services are protected from their user’s postings under the Communications Decency Act section 230; “...operators of Internet services are not to be construed as publishers (and thus not legally liable for the words of third parties who use their services).” These legal protections under the Communications Decency Act are related to US law and does have limits. Examples of these limits include federal criminal law, intellectual property law, and electronic communications privacy law.
When you post User Content on the Site or through the Site Services or provide ManageBetter with User Content, you understand and acknowledge that you are solely responsible for such User Content. Further, you represent and warrant that you have the right, power, and authority to post that User Content without violating the rights of third parties.
You acknowledge and agree that the poster of User Content, and not ManageBetter, is responsible for any User Content including any harms caused to you, another User, or a third party by such User Content.
You will indemnify, defend, and hold harmless ManageBetter, our Affiliates, and our respective directors, officers, employees, representatives, and agents (each an “Indemnified Party”) from any and all claims, damages, liabilities, costs, losses, and expenses (including, but not limited to, reasonable attorneys’ fees and all related costs and expenses) arising from or relating to any claim, suit, proceeding, demand, or action brought by you or a third party or other User against an Indemnified Party relating to or arising out of any User Content you post.
You retain any ownership rights you have in Your Content, but you grant ManageBetter the following license to use that Content:
When Your Content is created with or submitted to the Services, you grant us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, transferable, and sublicensable license to use, copy, modify, adapt, prepare derivative works from, distribute, perform, and display Your Content and any name, username, voice, or likeness provided in connection with Your Content in all media formats and channels now known or later developed. This license includes the right for us to make Your Content available for syndication, broadcast, distribution, or publication by other companies, organizations, or individuals who partner with ManageBetter. You also agree that we may remove metadata associated with Your Content, and you irrevocably waive any claims and assertions of moral rights or attribution with respect to Your Content.
You may submit comments or ideas about the Site and Site Services, including without limitation about how to improve the Site or Site Services (collectively, “Ideas”). By submitting any Ideas, you agree that: (a) your disclosure is voluntary, gratuitous, unsolicited, and without restriction and will not place ManageBetter under any fiduciary or other obligation, (b) your Ideas do not contain the confidential or proprietary information of third parties, and (c) you grant us a perpetual and royalty-free license to use the Ideas without any additional compensation to you and to disclose the Ideas on a non-confidential basis or otherwise to anyone. You further acknowledge and agree that, by acceptance of your submission, ManageBetter does not waive any rights to use similar or related ideas, including those known or developed by ManageBetter or obtained from sources other than you.
5c. Third-Party Intellectual Property Rights
Any information or content expressed or made available by a third party or any other Site Visitor or User is that of the respective author(s) or distributor(s) and not of ManageBetter. ManageBetter neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on the Site by anyone other than ManageBetter’s authorized agents acting in their official capacities.
The Site may contain links to third-party websites. The Site may also contain applications that allow you to access third-party websites via the Site. Such third-party websites or applications are owned and operated by third parties and/or their licensors. The inclusion of any link or application on the Site does not imply that we endorse the linked site or application. You use the links and third-party websites at your own risk and agree that your use of an application or third-party website accessed via the Site is on an “as is” and “as available” basis without any warranty for any purpose.
6. Disclaimers and limitation of liability of warranty
The services are provided “as-is” and we expressly disclaim all warranties, express or implied, including, but not limited to, warranties of non-infringement and fitness for a particular purpose.
Neither party will have any liability with respect to the services or obligations under this agreement or otherwise for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for losses of profits, goodwill, use, data or other intangible losses resulting in any way from the services.
7. Content Policy
Certain Visitor Site Services, such as the ManageBetter Blog, provide, and may be used to obtain, general information and articles that we believe may be of interest to Site Visitors and Users. While we try to ensure that any information we post is both timely and accurate, errors may appear from time to time. We do not make any representations or warranties with respect to any information that is posted on the Site by us or anyone else. In no event should any content be relied on or construed as tax or legal advice or otherwise. You should independently verify the accuracy of any content.
7a. Prohibited Site Uses
You may not use, or encourage, promote, facilitate, instruct or induce others to use, the Site or Site Services for any activities that violate any law, statute, ordinance or regulation; for any other illegal or fraudulent purpose or any purpose that is harmful to others; or to transmit, store, display, distribute or otherwise make available content that is illegal, fraudulent or harmful to others.
The following are examples of uses that are prohibited on the Site or when using the Site Services:
Seeking, offering, promoting, or endorsing and services, content, or activities that:
are defamatory, illegal, profane, vulgar, threatening, unlawfully discriminatory, illegal, pornographic, obscene, or sexually explicit in nature;
would violate the intellectual property rights, such as and including copyrights, of another person, entity, service, product, or website;
would violate (a) ManageBetter’s Terms of Use, (b) the terms of service of another website or any similar contractual obligations, or (c) the academic policies of any educational institution;
regard the creation, publication, distribution of “fake news”, “hoax news” or similar false content purposefully intended to mislead readers for financial or other gain;
regard or promote in any way any escort services, prostitution, or sexual acts; or
are harassing toward another person based on the person's inclusion in a protected class as defined by applicable law;
Fraudulent or misleading uses or content, including:
Misrepresenting your experience, skills, or information, including by representing another person’s profile, or parts of another person’s profile, as your own;
Impersonating any person or entity, including, but not limited to, a ManageBetter representative, forum leader, or falsely stating or otherwise misrepresenting your affiliation with a person or entity;
Falsely stating or implying a relationship with another User
Falsely attributing statements to any ManageBetter representative, forum leader, guide or host;
Falsely stating or implying a relationship with ManageBetter or with another company with whom you do not have a relationship;
Allowing another person to use your account, which is misleading to other Users
Posting identifying information concerning another person;
Spamming other Users with proposals or invitations;
Making or demanding bribes or other payments without the intention of providing services in exchange for the payment;
Duplicating or sharing accounts;
Selling, trading, or giving an account to another person;
Sharing or soliciting private contact information, such as email, phone number, or Skype ID, in a profile that is not your own
Directly or indirectly, advertising or promoting another website, product, or service or soliciting other Users for other websites, products, or services
Conduct or actions that could jeopardize the integrity of or circumvent the Site, Site Services or ManageBetter's proprietary information, including:
Interfering or attempting to interfere with the proper operation of the Site or Site Services or any activities conducted on the Site;
Bypassing any measures we may use to prevent or restrict access to the Site or any subparts of the Site, including, without limitation, features that prevent or restrict use or copying of any content or enforce limitations on use of the Site or the content therein;
Attempting to interfere with or compromise the system integrity or security or decipher any transmissions to or from the servers running the Site;
Using any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission;
Attempting to or interfering with or compromising the system integrity or security or deciphering any transmissions to or from the servers running the Site;
Collecting or harvesting any personally identifiable information, including Account names, from the Site;
Attempting to or imposing an unreasonable or disproportionately large load (as determined in ManageBetter’s sole discretion) on the Site’s infrastructure; Introducing any invalid data, virus, worm, or other harmful or malicious software code, agent, hidden procedure, routine, or mechanism through or to the Site that is designed to or known to cause to cease functioning, disrupt, disable, harm, or otherwise impair in any manner, including aesthetic disruptions or distortions, the operation of (or to allow you or any other person to access or damage or corrupt data, storage media, programs, equipment, or communications or otherwise interfere with operations of or on) the Site or any software, firmware, hardware, computer system, or network of ManageBetter or any third party;
Accessing or attempting to access the Site or Site Services by any means or technology other than the interface provided; or
Framing or linking to the Site or Site Services except as permitted in writing by ManageBetter
Attempting to or actually reverse engineering, modifying, adapting, translating, preparing derivative works from, decompiling, interfering with the operation of, or otherwise attempting to derive source code from any part of the Site or Site Services unless expressly permitted by applicable law or ManageBetter; or
Accessing or using the Site or Site Services to build a similar service or application, identify or solicit ManageBetter Users, or publish any performance or any benchmark test or analysis relating to the Site.
7b. Enforcement
We reserve the right, but do not assume the obligation, to investigate any potential violation of this Section or any other potential violation of these Terms of Use and to remove, disable access to, or modify any content on the Site. The result of violating those mentioned in the section 6b may result in the deletion of the content and the banning of the user.
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of these Terms of Use or the User Agreement.
7c. Reporting and Correcting Violations
If you become aware of any violation of these Site Terms of Use, you must immediately report it to Customer Service. You agree to assist us with any investigation we undertake and to take any remedial steps we require in order to correct a violation of these Site Terms of Use.
8. Privacy Policies
8a. Data Policy
ManageBetter’s Privacy Policy applies to any Users (account holders) or Visitors (non-account holders).
We wrote this privacy policy to help you understand the privacy practices of ManageBetter. This privacy policy only applies to information collected and seen on www.managebetter.com.
The policy covers the following:
What type of information we collect and with whom it may be shared.
Contact choices available to you regarding your data.
How you can correct any inaccuracies in the information.
The security procedures in place to protect the misuse of your information.
INFORMATION COLLECTION, USE, AND SHARING
We only collect information that you voluntarily give us via direct contact from you. All other collected information is publicly available.
Whenever you use any website, mobile application or other internet service, certain information gets created and logged automatically. The same is true on ManageBetter. We can see:
Log data - information that your browser automatically sends whenever you visit a website
Cookie data - small text files sent by your computer each time you visit our website, unique to your ManageBetter account or your browser. Please see our Cookie Policy for more information.
Device information - for example, iPhone or Android phone, Mac or PC
We will not sell or rent your information to anyone. We will not share your information with any third party outside of our organization. We are the sole owners of the information collected on our site. The information collected is used to improve our Service for you.
CONTACT CHOICES AVAILABLE TO YOU REGARDING YOUR DATA
Unless you unsubscribe, we may contact you via email to share updates, announcements, and recommendations to better your ManageBetter experience. You may unsubscribe at any time at the bottom of the email.
SECURITY
We take precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline.
Wherever we collect sensitive information, that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a closed lock icon at the bottom of your web browser, or looking for "https" at the beginning of the address of the web page.
While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.
UPDATES
ManageBetter (“we” or “us”) can modify this Privacy Policy, and all updates will be posted on this page.
8b. Cookie Policy
A browser cookie is a small piece of data that is stored on your device to help websites and mobile apps remember things about you. Other technologies, including Web storage and identifiers associated with your device, may be used for similar purposes. In this policy, we say “cookies” to refer to all of these technologies.
This policy explains more about how we use cookies and your related choices.
HOW WE USE COOKIES
Like most providers of online services, ManageBetter uses cookies, including third-party cookies, for a number of reasons, like protecting your ManageBetter data and account, helping us see which features are most popular, counting visitors to a page, improving our users’ experience, keeping our services secure, providing relevant advertising, and just generally providing you with a better, more intuitive, and satisfying experience. The cookies we use generally fall into one of the following categories.
Necessary: We use these cookies to run our site, and to identify and prevent security risks. For example, we may use these cookies to store your session information to prevent others from changing your password without your username and password.
Preferences: We use these cookies to remember your settings and preferences, and to improve your experience on our site. For example, we may use these cookies to remember your language preferences.
Performance: We use these cookies to collect information about how you use our site, monitor site performance, and improve our site performance, our services, and your experience. For example, we can use these cookies to learn more about which features are the most popular with our users and which ones might need some tweaks.
BROWSER COOKIES
Your browser may provide you with the option to refuse some or all browser cookies. You may also be able to remove cookies from your browser. For more information about how to manage browser cookies, please follow the instructions provided by your browser.
MOBILE DEVICE IDENTIFIERS
Your mobile operating system may let you opt-out from having certain device identifiers used for interest-based advertising. You should refer to the instructions provided by your mobile device’s manufacturer; this information is typically available under the “settings” function of your mobile device.
8c. Copyright Policy
ManageBetter respects the intellectual property and other proprietary rights of others. We expect our users to do the same. ManageBetter, may in appropriate circumstances and at its discretion, remove content, disable access, or terminate access of users that appears to infringe the copyright or other intellectual property rights of others.
In accordance with the Digital Millennium Copyright Act (DMCA), we will respond to copyright infringement claims on ManageBetter that are reported to our designated copyright agent listed below. You can read more about the DMCA at the US Copyright Office website.
If you’re a copyright owner or rights agent, you can report alleged copyright infringements on ManageBetter by following the directions below.
When we get your removal notice, we’ll take appropriate action, which may include removing the reported content from ManageBetter. We may notify the user who saved your copyrighted content on ManageBetter so they have an opportunity to send a counter-notice. We may also send a complete copy of the notice to others, as appropriate.
MANAGEBETTER COPYRIGHT AGENT
Please send the following information to our copyright agent below.
Provide the full URL(s) that contains the alleged copyrighted work you believe has been infringed.
Offer detail behind the alleged copyrighted work you believe has been infringed, such as the photo or text.
Provide your mailing address, phone number, and email address.
Include both statements in the body of your notice:
I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).
I hereby state that the information in this notice is accurate, and under penalty of perjury that I am the owner, or authorized to act on behalf of the owner of the copyright or of an exclusive right under the copyright that is allegedly infringed.
Include your full name and your electronic or physical signature (for example, by typing your full name).
SEND YOUR COMPLETE DMCA REMOVAL NOTICE TO:
ManageBetter
Attn. ManageBetter Copyright Agent
111 South Jackson Street
Seattle, WA 98104
Email: lewis@managebetter.com
DMCA COPYRIGHT COMPLAINT NOTIFICATION
If you’ve gotten a notification that your ManageBetter content has been removed, it means the content owner asked us to remove it. If you want a copy of the official complaint, just email us at lewis@managebetter.com.
If you receive too many copyright complaints, we may disable your ability to create new content on ManageBetter or disable your account altogether.
DMCA COUNTER CLAIM
After receiving the official complaint, you may resolve the matter directly with the party that made the claim. If you are able to resolve the matter with the claimant, please have them contact us at lewis@managebetter.com to retract their notice.
9. General provisions
This Agreement sets forth the entire agreement and supersedes any and all prior agreements, written or oral, of the parties with respect to the subject matter hereof. We reserve the right to update and change the Agreement prospectively by posting updates and changes on our website, www.managebetter.com. You are advised to please check the Agreement from time to time for any updates or changes that may impact you. If a significant change is made, we will provide reasonable notice by email and an opportunity to terminate this Agreement if you do not agree with the change.
Nothing in this Agreement is intended to create, nor will it be construed as creating, any exclusive arrangement between the parties to this Agreement. This Agreement does not restrict either party from entering into similar arrangements with others. Each party understands that the other party may now or in the future be involved in developing or providing competitive products or services. Neither party is liability for any failure or delay caused by any circumstance or event beyond its reasonable control.
10. Definitions
“Affiliate” means any entity that, directly or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control with ManageBetter.
“Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
“Public Site Services” means, collectively, all services, applications and products that are accessible by any Site Visitor who has not become a User through the Site, to the extent they are accessible by a Site Visitor who has not become a User.
“Site” means, collectively, our website located at www.managebetter.com, all affiliated websites, including mobile website, owned and operated by us, our predecessors or successors in interest, or our Affiliates (defined in the User Agreement).
“Site Services” means, collectively, all services, applications and products that are accessible through the Site, including the Public Site Services, and all ManageBetter Mobile Applications.
“User Content” means any comments, remarks, data, feedback, content, text, photographs, images, video, music, or other information that you or any Site Visitor or User post to any part of the Site or provide to ManageBetter, including such information that is posted as a result of questions.
“You” means any person who accesses our Site, including a Site Visitor or User and including any entity or agency on whose behalf any such person accesses or uses our Site.