• The current version of this Terms of Service was first posted on Feb 19, 2008 and becomes effective immediately. This document supersedes all prior versions. You are responsible for routinely reviewing the current version of this contract before using the system.

• The following Terms of Use and all applicable Plan Details form a legally binding contract between you ('member') and ReadyContacts, a business of Better, Inc. ('READYCONTACTS'). READYCONTACTS is the owner and operator of a collaborative online business contact and information exchange, including related services and systems (collectively the 'system'). You desire to have authorized access to the system. READYCONTACTS authorizes access to its system subject to the following terms and conditions of use ('terms'). Your access to or use of the system is subject to these terms and READYCONTACTS will not provide the Services except pursuant to these terms. This agreement is void where prohibited.

• In consideration for the mutual promises contained herein, you and READYCONTACTS accept and agree to the following terms:

• Age and Capacity

  
  Only registered members who are age 18 or older may access the system. You certify that you are at least 18 years old, have the legal capacity to form a binding contract and are not a person barred from accessing the system under the laws of any applicable jurisdiction.

• Subscription

  
  You are granted a license to access the system subject to this contract and all existing rights, restrictions and limitations. Your license is individual, personal, limited, restricted, non-exclusive, non-transferable, non-sub licensable, revocable, and terminable. Your license is limited to one authorized user per account, if you are a company.

• You certify, represent, warrant and agree that you shall use the system and all information made available through the system for legal and legitimate business purposes and in a manner that complies with all applicable local, state, national and international laws, regulations or conventions at all times.

• Intellectual Property and Proprietary Rights

  
  The system and the information made available through the system are subject to copyright, trademark, intellectual property, trade secret and other proprietary rights and their use by you beyond the terms of this contract is strictly prohibited without prior express written authorization. All rights are reserved. You shall not copy, reproduce, duplicate, publish, display, transmit, distribute, give, sell, trade, resell, market, offer for sale, distribute, modify, create derivative works or otherwise exploit for valuable consideration any information made available through the system without the express written consent of READYCONTACTS.

• Cancellation

  
  You may cancel your subscription account at any time and for any reason.
  WHEN YOU CANCEL YOUR ACCOUNT, YOU WILL NOT RECEIVE ANY REFUND OF YOUR SUBSCRIPTION FEE. WHERE APPLICABLE AND UNLESS OTHERWISE SET FORTH IN YOUR SPECIFIC PLAN DETAILS, YOUR ACCOUNT WILL REMAIN ACTIVE UNTIL THE END OF YOUR CURRENT SUBSCRIPTION TERM UNLESS OTHERWISE TERMINATED BY READYCONTACTS. SUBSCRIPTION FEES WILL NOT BE PRORATED OR REFUNDED FOR PARTIAL-MONTH USAGE. SUBSCRIPTION FEES CHARGED TO YOUR ACCOUNT AFTER RECEIPT OF YOUR CANCELLATION WILL BE REFUNDED. YOU WILL FORFEIT YOUR ACCUMULATED CONTACTS, POINTS, AND RATING UPON THE EFFECTIVE DATE OF YOUR CANCELLATION.

• Termination

  
  READYCONTACTS may suspend or terminate your account at any time, for any reason and without prior notice. Suspected system misuse will result in your immediate termination. You will no longer have access to the system. You will forfeit your accumulated contacts, points, and rating upon termination. YOUR SUBSCRIPTION FEE WILL NOT BE REFUNDED OR PRORATED FOR PARTIAL-MONTH USAGE FOLLOWING TERMINATION.

• Code of Conduct

  
  This section sets forth the READYCONTACTS Code of Conduct ('Code'). All users and visitors MUST fully comply with this Code at all times. You certify, represent and warrant that you will not violate this Code. You shall not enter illegal or improper information into the system, including, without limitation, the following:


•      Information that is false, inaccurate, incorrect, incomplete, inexact, outdated or otherwise        wrong;
       Information subject to confidentiality, non-disclosure, non-competition, trade secret or        proprietary rights, limitations or restrictions;
       Information that infringes the copyrights or intellectual property rights of others;
       Information that is personal or non-business related;
       Mobile or cellular telephone numbers;
       Information that is sexually explicit, profane, pornographic, immoral, obscene, vulgar,        offensive, violent, dangerous, harmful, threatening, abusive, harassing, hateful,        discriminatory or racially, ethnically or otherwise objectionable;
       Information that is defamatory, libelous or invasive of privacy or publicity rights of others;
       Information that is actionable or may subject READYCONTACTS to legal action or liability of        any kind;
       Information that violates any applicable local, state, national or international law, regulation,        or convention.

• Acts against the System

  
  You shall not attempt to or engage in potentially harmful acts that are directed against the system including, without limitation, the following:


•      Failing to maintain an acceptable member rating;
       Causing, allowing or assisting any other person to use your account or impersonate you;
       Forging screen names, manipulating identifiers or otherwise impersonating any other person        for any reason;
       Emulating or faking usage of the system;
       Falsely stating or otherwise misrepresenting your affiliation with any person or entity;
       Introducing viruses, worms, software, Trojan horses or other similar harmful code into the        system;
       Causing, allowing or assisting machines, bots or automated services to access or use the        system without the express written permission of READYCONTACTS;
       Tampering with the operation, functionality or the security of the system;
       Attempting to override or circumvent any security or usage rules embedded into the system        that permit digital materials to be protected;
       Misusing, tricking, disrupting or otherwise interfering with the system.

• Suspected Misuse and Penalties

  
  READYCONTACTS shall be the sole and final arbiter of suspected Code violations, misuse and penalty. Suspected violations may result in penalties for misuse including, without limitation, one or more of the following:


•      Assessment of penalty points to your account;
       Suspension;
       Termination;
       Personal identification;
       Legal action.

• READYCONTACTS reserves the right to seek civil, criminal or injunctive relief, at its sole discretion and without obligation, to enforce this code.

• Legal Notices

  
  Interruption and Errors
  READYCONTACTS does not guarantee that the system will be uninterrupted or error-free. READYCONTACTS may modify, amend, adapt, supplement, suspend, discontinue, terminate or make other similar changes, temporarily or permanently, to the system, or any portion thereof, at its discretion, with or without notice. The system may be interrupted, delayed or unavailable for your access from time to time for reasons including, but not limited to, the following: routine data compilation, service and maintenance; attacks, interference or interruption by the acts of third parties; earthquake, flood, fire, storm or other natural disaster; war, terrorism, armed conflict; labor strike, lockout or boycott; power failure or blackout; or other unforeseen or unavoidable events. READYCONTACTS shall not be liable to you or to any third party for routine, unforeseen or unavoidable interruption, delay or unavailability.

• Securing Member Information

  
  
  READYCONTACTS uses commercially reasonable business practices to secure its system. READYCONTACTS does not guarantee the security of information and shall not be responsible for infiltration, provided that commercially reasonable practices have been used.

• Disclaimer of Warranties

  
  READYCONTACTS MAKES NO REPRESENTATION, GUARANTEE OR WARRANTY, EXPRESS OR IMPLIED, RELATED TO THE SYSTEM, THE INFORMATION MADE AVAILABLE THROUGH THE SYSTEM OR THEIR RESPECTIVE USES. THE SYSTEM AND THE INFORMATION MADE AVAILABLE THROUGH THE SYSTEM MAY CONTAIN ERRORS AND/OR BUGS AND MAY PRODUCE UNEXPECTED RESULTS. THE SYSTEM AND THE INFORMATION MADE AVAILABLE THROUGH THE SYSTEM ARE PROVIDED 'AS IS.' ANY AND ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

• Limitation of Liability

  
  YOU EXPRESSLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT READYCONTACTS SHALL NOT BE LIABLE FOR ANY GENERAL, SPECIAL, CONSEQUENTIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, INFORMATION, BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES) WHATSOEVER ARISING OUT OF THIS AGREEMENT OR THE USE OR INABILITY TO USE THE SYSTEM, INCLUDING THE CONDUCT OF ANY THIRD PARTY, HOWEVER CAUSED, ON ANY THEORY OF LIABILITY, AND WHETHER OR NOT READYCONTACTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. APPLICABLE LAW MAY NOT ALLOW LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
  
  Your exclusive remedy for any claim shall be limited to the subscription fee paid by you for the subscription term during which the event giving rise to the claim occurred or U.S. $25.00, whichever is greater. In no event shall liability to you exceed the amount paid by you for your subscription fee. The limitations, exclusions and disclaimers set for above shall apply and be enforceable to the maximum extent allowed by applicable law, even if any remedy fails its essential purpose.

• Indemnification

  
  You agree to indemnify, defend, and hold READYCONTACTS harmless against any loss, damage, cost, allegation, liability, expense, claim or demand, including court costs and reasonable fees for attorneys or other professionals, made by any third party resulting from your use of the system or information made available through the system.

• Legal Inquiries and Requests

  
  In response to a verified request by law enforcement or other government officials relating to a criminal investigation or alleged illegal activity, you agree and authorize READYCONTACTS to disclose information about you without a subpoena. READYCONTACTS, at its sole discretion, may assist third parties to protect their rights in the event that illegal or improper information is entered into or made available through the system or information made available through the system is used for illegal or improper purposes. READYCONTACTS may disclose information about you as required by law or to comply with legal process, to report suspected illegal activities or to protect the rights, property or interests of READYCONTACTS. READYCONTACTS reserves the right and discretion, without obligation, to enforce this contract by any appropriate legal means available.

• Choice of Law, Jurisdiction, Forum and Remedies

  
  This contract shall be governed by California law, regardless of the choice of law rules of any jurisdiction.

• Changes to this Agreement

  
  READYCONTACTS may change this contract at any time. Changes to this contract will be prominently posted to the system. The most current version of these Terms of Use can be reviewed by clicking on the "Terms of Use" link located at the bottom of the pages on READYCONTACTS.com. The most current version of the Terms of Use will supersede all previous versions. Changes shall take effect, unless otherwise indicated, thirty (30) after posting. If you do not agree with any changes, you have the option of canceling your subscription prior to the changes taking effect. Your use of the system or continued use of the system after changes take effect means that you agree to be bound by such changes.
  
  All notices required by this agreement may be sent by email to support@READYCONTACTS.com or by registered mail to:
  READYCONTACTS
  Better, Inc.
  3418 Maroun Place
  San Jose, CA 95148
  
  Notices are effective upon receipt.