Terms of Use Agreement

Revised 10.19.17

This Agreement is between you, the user ("you", "your","user"), and Better Software Solutions, LLC ("Better Software Solutions","us","our","we") and applies to your use of: a) the Better Software Solutions web application("website","application"), and b) services provided to you by Better Software Solutions, LLC("service","services"), and c) software ("Software") downloaded from our website or made available to you by us. By checking the box or by using the Software you agree to comply with and be legally bound by this Agreement, which may be modified or updated without notice periodically. You further agree that we may a) modify or discontinue any portion of the Better Software Solutions Services, and b) suspend or terminate your access to the Better Software Solutions Services, at any time, and from time to time, without notice to you in certain, limited circumstances described herein. You agree that we shall not be liable to you or any third party for any modification or termination of the Better Software Solutions Services, or termination of your access to the Better Software Solutions Services or the Software, except to the extent otherwise expressly set forth herein.

1. Better Software Solutions Services

The website allows you to purchase Software licenses, cloud hosted Software, and Services.

2. Our Relationship with You

2.1. Password and Serial Number Security.

You are responsible for maintaining adequate security and control of any and all logins, passwords, and serial numbers that you use to access the Better Software Solutions services and Software. Any loss or compromise of the foregoing information may result in unauthorized access to the Better Software Solutions site(s) or Software by third-parties and the loss or theft of personal information held on the Better Software Solutions site(s). We assume no responsibility for any loss that you may sustain due to compromise of your sensitive information or failure to follow or act on any notices or alerts that we may send to you. In the event you believe your Better Software Solutions information, login(s), password(s), or serial number(s) have been compromised, contact Better Software Solutions immediately at support@bssfresno.com.

2.2. Consent to Electronic Records.

You agree that Better Software Solutions may provide you with any notices or other communications about the Better Software Solutions Services electronically: a) via email (to the address that you provide), or telephone call (to the phone number that you provide), or b) by posting to the Better Software Solutions Site. For notices made by email, the date of transmission will be deemed the date on which such notice was given.

2.5. Notices to Us.

We prefer receiving notices to Better Software Solutions electronically at support@bssfresno.com. Written notices can also be sent to:
Better Software Solutions, LLC., 4974 N. Fresno Street, #299, Fresno, CA 93726.

2.6. Arbitration; Waiver of Class Action.

EXCEPT FOR CLAIMS FOR INJUNCTIVE OR EQUITABLE RELIEF OR CLAIMS REGARDING INTELLECTUAL PROPERTY RIGHTS (WHICH MAY BE BROUGHT IN ANY COMPETENT COURT WITHOUT THE POSTING OF A BOND), ANY DISPUTE ARISING UNDER THIS AGREEMENT SHALL BE FINALLY SETTLED ON AN INDIVIDUAL BASIS IN ACCORDANCE WITH THE AMERICAN ARBITRATION ASSOCIATION'S RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES AND YOU AND BETTER SOFTWARE SOLUTIONS HEREBY EXPRESSLY WAIVE TRIAL BY JURY. THE ARBITRATION SHALL TAKE PLACE IN FRESNO, CALIFORNIA, IN THE ENGLISH LANGUAGE AND THE ARBITRAL DECISION MAY BE ENFORCED IN ANY COURT. AT YOUR REQUEST, HEARINGS MAY BE CONDUCTED IN PERSON OR BY TELEPHONE AND THE ARBITRATOR MAY PROVIDE FOR SUBMITTING AND DETERMINING MOTIONS ON BRIEFS, WITHOUT ORAL HEARINGS. THE PREVAILING PARTY IN ANY ACTION OR PROCEEDING TO ENFORCE THIS AGREEMENT SHALL BE ENTITLED TO COSTS AND ATTORNEYS' FEES. ADDITIONALLY, YOU HEREBY WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

2.7. Suspension/Termination and Cancellation.

Better Software Solutions reserves the right to suspend or terminate your account at anytime without prior notice. Where appropriate any fees paid for unused service(s) may be refunded to you on a pro-rated basis. Discretion rests solely with Better Software Solutions as to whether to issue a refund. Setup fees are not refundable.

Better Software Solutions may suspend or terminate your access to any or all of the Better Software Solutions Services for violating any of the provisions in this Agreement or a License Agreement associated with Better Software Solutions Software or Services. You may cancel your Better Software Solutions account at any time by providing us with written notice(email sales@bssfresno.com). In the event that a technical problem causes a system outage or error(s), we may temporarily suspend access to the Site until the problem is resolved.

2.8. Non-Transferability of Accounts and Serial Numbers

Better Software Solutions accounts and Software licenses may not be transferred or used by anyone other than the subscriber or original purchaser. You may not sell, lease, rent, assign, or make available by posting on a website or other publicly accessible location: accounts, Software or serial numbers for Software to any third party. This includes, but is not limited to, posting account information or serial numbers to allow someone to access or download Software or Services that they have not subscribed to or purchased. Users found to have violated this paragraph may be subject to: account termination, serial number deactivation, or other measures for putting an end to the violation(s), without refund.

However, transfer of a Software license between employees of the SAME company is allowed in the case when an employee leaves the company and the Software license is permanently transfered to another employee, provided that no more than one employee ever has access to the same Software license simulatenously. Under no circumstances are multiple employees allowed to use,or share, the same Software license.

3. General Provisions

3.0. Registration of Software

You must register your Software in order to activate, or unlock, it. Registration requires an Internet connection and a valid email address. Usage of the Software may also require an active Internet connection for ongoing verification of Software registration.

3.1. Limitations of Liability.

IN NO EVENT SHALL BETTER SOFTWARE SOLUTIONS, ITS AFFILIATES AND SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES OR REPRESENTATIVES, BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE BETTER SOFTWARE SOLUTIONS SITE, THE BETTER SOFTWARE SOLUTIONS SOFTWARE OR SERVICES, OR THIS AGREEMENT (INCLUDING NEGLIGENCE). THE LIABILITY OF BETTER SOFTWARE SOLUTIONS, ITS AFFILIATES AND SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES OR REPRESENTATIVES, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE LOWER OF A) THE ACTUAL AMOUNT OF DIRECT DAMAGES; B) FEES PAID TO BETTER SOFTWARE SOLUTIONS BY YOU IN THE PRECEDING ONE (1) YEAR; OR C) SOFTWARE LICENSE FEE(S).

3.2. No Warranty.

THE BETTER SOFTWARE SOLUTIONS SERVICES ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. BETTER SOFTWARE SOLUTIONS SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. BETTER SOFTWARE SOLUTIONS DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO ANY PART OF BETTER SOFTWARE SOLUTIONS SERVICES, AND OPERATION OF THE BETTER SOFTWARE SOLUTIONS SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. HOWEVER, BETTER SOFTWARE SOLUTIONS WILL MAKE REASONABLE EFFORTS TO ENSURE THE AVAILABILITY OF BETTER SOFTWARE SOLUTIONS SOFTWARE AND SERVICES, AND TAKE WHATEVER ACTIONS ARE NEEDED TO RESTORE THE SERVICES WHEN WE DISCOVER, OR ARE NOTIFIED, THAT ANY OF THOSE SERVICES ARE NOT AVAILABLE OR NOT FUNCTIONING CORRECTLY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. THIS PARAGRAPH GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

3.3. Indemnification.

You agree to indemnify and hold Better Software Solutions, its affiliates and Service Providers, and each of their respective officers, directors, agents, employees and representatives, harmless from any claim or demand (including attorneys' fees and any fines, fees or penalties imposed by any regulatory authority) arising out of or related to a) your breach of this Agreement, b) your misuse of Better Software Solutions Services, or c) your violation of any law, rule or regulation, or the rights of any third party.

3.4 Entire Agreement

By using the website or service(s) provided by us, you acknowledge that you have read and agree to be bound by all terms and conditions of this Agreement.

This Agreement sets forth the entire understanding and agreement between you and Better Software Solutions as to the subject matter hereof, and supersedes without limitation any prior versions of this Agreement, as well as any and all claims made in, but not limited to, marketing material found online or sent by email or in print, or any promises made by our representative(s).

3.5. Severability.

If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law or regulation or any governmental agency, local, state, or federal, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the validity or enforceability of any other provision of this Agreement shall not be affected.

3.6. Governing Law.

This Agreement will be governed by the law of the State of California except to the extent governed by federal law.

3.7. Section Headings.

Section headings in this Agreement are for convenience only, and shall not govern the meaning or interpretation of any provision of this Agreement.

3.8. Refunds

The sale of Software downloaded from our website is considered final and there is no refund or return for such Software. This includes, but is not limited to, Software that is incompatible because of System Requirements, Software that does not meet the User's needs, Software that contains features that are different from User's expectations. Users are expected to have read the system requirements for all Software purchases. System requirements for all Software are accessible from many locations, such as on the shopping cart page. Exceptions to this rule will be considered on an individual basis at our discretion. Absolutely no refunds or returns for Software will be considered after 7 days from date of purchase.

Refunds for Services that are canceled are generally prorated provided the terms of service and cancelation requirements are met. No refund for Services that have already been provided will be issued.

4. Use of the Better Software Solutions Site

4.1. Limited License.

We grant you a limited, nonexclusive right to access and use the Better Software Solutions Site for the purpose of purchasing Software licenses and Services, as well as for informational and other approved purposes. Any other use of the Better Software Solutions Site or the content, materials, information and functionality available in connection therewith (collectively, the "Content") is expressly prohibited. All other rights to the Better Software Solutions Site or Content are reserved by us and you agree that this Agreement does not grant you any rights in or licenses to the Better Software Solutions Site or the Content, except for this express, limited right.

You will not otherwise copy, transmit, distribute, sell, resell, license, de-compile, reverse engineer, disassemble, modify, publish, participate in the transfer or sale of, create derivative works from, perform, display, incorporate into another website, or in any other way exploit any of the Software, Content, any part of the Better Software Solutions Site or any derivative works thereof, in whole or in part for commercial or non-commercial purposes. Without limiting the foregoing, you will not frame or display the Better Software Solutions Site, Software, Content (or any portion thereof) as part of any other web site or any other work of authorship without our prior written permission. If you violate any portion of this Agreement, your permission to access and use the Better Software Solutions Services or Software may be terminated pursuant to this Agreement, and any payment for service may be forfeited. In addition, we reserve the right to all remedies available by law and in equity for any such violation. "BssFresno.com", "Better Software Solutions", and all logos related to the Better Software Solutions Services or displayed on the Better Software Solutions Site are either trademarks or registered marks of Better Software Solutions or its affiliates. You may not copy, imitate or use them without Better Software Solutions's prior written consent.

4.2. Permitted Uses

Software and Services provided to you by Better Software Solutions may only be used for lawful purposes. Impersonating another individual, such as by: logging in to someone else's account, using a false name, or claiming an affiliation that does not exist, is prohibited and shall be grounds for immediate termination of your account. Sharing login information, passwords, or serial numbers, as well as exceeding the Software license limits is prohibited. If we determine that any such violations have occured we may void the Software serial number(s) or deactivate the account(s) in question, or seek any other measure to put an end to the violation.

Actions that are intended to disrupt the Website or server, such as denial of service attacks or automated requests of any kind, are strictly prohibited.

Phishing, or attempting to harvest email addresses from the Website, is strictly prohibited.

4.3. Warrant to Better Software Solutions

You warrant that:

5. Service Level

5.2. Changes to service.

We reserve the right to make changes to the services or service level that we provide, such as but not limited to establishing limits on storage or database size, etc. In the event that such a change is required we will notify you at least 30 days in advance of such change.

5.3. Force Majeure

Better Software Solutions shall not be responsible for delays or failures in performing its obligatins under this Agreement due to events of force majeure, or any other cause beyond its reasonable control.

6. Miscellaneous

6.1. Survival

Any cause of action arising out of or related to this Agreement must commence within one (1) year after the cause of action arises or any such cause of action is otherwise permanently barred. All provisions in this Agreement regarding representations and warranties, indemnification, disclaimers, license, and limitations on liability shall survive any termination of this Agreement, except as expressly set forth herein to the contrary.