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Best Multis Membership
Best Multis access terms are from March 1 to August 1 and from August 1 to March 1. Without exception, if you register AFTER March 1 your account WILL expire on August 1. If you register AFTER August 1 your account WILL expire on March 1. You will be required to pay again if you require access past those dates.
|Terms and Conditions|
A. GENERAL TERMS.
1. LICENSE GRANT AND RESTRICTIONS.Subject to the terms and conditions of this Agreement, including the payment of any applicable fees, Best Multis grants you a personal, limited, non-exclusive, non-transferable license, during the initial term and any renewal term or other period of use provided in the activation and ordering terms for the Software, to access and use the Software solely for the purpose described in the Best Multis description for the Software, and, if applicable, solely by such number of authorized users for which the applicable fee has been paid by you.
2. BEST MBE SERVICES.You may be made aware of or offered services, features, products, applications, online communities, or promotions provided by Best Multis (“Best Multis Services”). If you decide to use Best Multis Services, you may be subject to additional terms and conditions governing these Best Multis Services and separate fees may apply. You acknowledge that in accessing certain Best Multis Services you may upload or enter certain data from your account(s) such as names, addresses and phone numbers, purchases, and sales among others, to the Internet. You hereby grant Best Multis permission to use information about your business and usage experience to enable us to provide the Best Multis Services to you, including updating and maintaining your data, addressing errors or service interruptions, and to enhance the types of data and services Best Multis may provide to you in the future. You also grant Best Multis permission to combine your business data, if any, with that of others in a way that does not identify you or any individual personally to improve services and to compare business practices with other company standards. We may use your data to create, market or promote new Best Multis offerings to you and others.
4. TRIAL VERSIONS.If you are registered for a trial use of the Software, in connection with the foregoing license grant, you may use a copy of the trial version of the Software only for the amount of time specified in the Software or in the materials accompanying the Software; and in accordance with the license grant in Section 1, for a single user license. BY YOUR USE OF THE TRIAL VERSION OF THE SOFTWARE YOU UNDERSTAND AND AGREE THAT AFTER THE APPROXIMATE AMOUNT OF TIME SPECIFIED IN THE SOFTWARE OR IN THE MATERIALS ACCOMPANYING THE SOFTWARE, YOU MAY NOT BE ABLE TO CONTINUE TO ACCESS AND/OR USE SUCH TRIAL SOFTWARE OR ANY DATA YOU HAVE ENTERED INTO SUCH SOFTWARE UNLESS YOU PURCHASE THE APPROPRIATE FULL VERSION OF SUCH SOFTWARE.
5. FEES.If the Software is purchased by you on a payment or subscription basis, as selected by you, the following terms will apply to you. Payments are paid in U.S. dollars and credit cards will be charged in U.S. dollars unless otherwise indicated in additional product ordering and pricing terms provided to you for the Software you have selected. The Software will be deemed accepted by you upon acceptance of this Agreement for trial versions (if applicable) of the Software and upon acceptance of this Agreement and payment of the applicable fees and/or subscription fees for paid for versions of the Software. Access to the Software will begin (i) for trial versions after your acceptance of this Agreement and after Best Multis receives and processes all the information requested in the registration process; and (ii) for paid versions after your acceptance of this Agreement and after Best Multis receives and processes all the information, including the credit card or bank account information requested by the registration or ordering process. You must have a valid credit card or a valid debit card acceptable to Best Multis with an appropriate logo (“Card”) or sufficient funds in a checking or savings account to cover an electronic debit of the fees to obtain access to the Software. The payment information you provide must be accurate, current and complete, and you agree to notify us promptly of any change in the payment information. When you subscribe and provide payment information, your Card or bank account will be debited, and will be automatically re-debited at the beginning of each applicable subscription term (“Renewal Term”) at the then-current subscription rate to maintain access to the Software. Cancellation and renewal terms may be supplemented by program terms provided to you in writing or on the website for the Software you have selected. (Unless otherwise specified in a product promotion, after August 1, you can use the software from the date of enrollment until March 1. After March 1, you can use the software from the date of enrollment until August 1.)
6. RESERVATION OF RIGHTS AND OWNERSHIP.The Software is licensed not sold, and Best Multis reserves all rights not expressly granted to you in this Agreement. The Software is protected by copyright, trade secret and other intellectual property laws. Best Multis and its licensors own the title, copyright, and other worldwide intellectual property rights in the Software and all copies of the Software. This Agreement does not grant you any rights to trademarks or service marks of Best Multis. This Agreement does not limit any rights that Best Multis may have under trade secret, copyright, patent or other laws.
7. REGISTRATION.Your registration information to use the Software must be (i) accurate, current and complete as prompted in the sign-up process, and (ii) maintain and promptly update such data to keep it accurate, current and complete. If you provide any information that is inaccurate, not current or incomplete, or Best Multis has reasonable grounds to suspect is inaccurate, not current or incomplete, Best Multis may, in its sole discretion, suspend or terminate your account and refuse any and all current or future access to and use of the Software (or any portion thereof).
To Best Multis maintaining your data according to the Best Multis Privacy Statement, as part of the Software.
9. FEEDBACK.Best Multis may provide you with a mechanism to provide feedback, suggestions and ideas, if you choose, about its online products and services (Feedback). You agree that Best Multis may, in its sole discretion, use the Feedback you provide to Best Multis in any way, including in future modifications of the Software, multimedia works and/or advertising and promotional materials relating thereto. You hereby grant Best Multis a perpetual, worldwide, fully transferable, sub-licensable (through multiple tiers), non-revocable, fully paid-up, royalty free license to use, modify, create derivative works from, distribute, display and otherwise exploit, any information you provide to Best Multis in the Feedback.
10. DISCLAIMER OF WARRANTIES.THE SOFTWARE AND ANY CONTENT ACCESSIBLE THROUGH THE SOFTWARE ARE PROVIDED “AS-IS” AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BEST MBE, ITS AFFILIATES, LICENSORS, PARTICIPATING FINANCIAL INSTITUTIONS, THIRD-PARTY CONTENT AND SERVICE PROVIDERS, DISTRIBUTORS, DEALERS AND SUPPLIERS (COLLECTIVELY, “SUPPLIERS”) DISCLAIM ALL GUARANTEES AND WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SOFTWARE, CONTENT, AND RELATED MATERIALS, INCLUDING ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, NON-INTERFERENCE OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS AND SIMILAR LAWS OF ANY JURISDICTION. BEST MBE AND ITS SUPPLIERS DO NOT WARRANT THAT THE SOFTWARE, THIRD PARTY SERVICES OR ANY ONLINE SERVICES ARE SECURE OR FREE FROM BUGS, VIRUSES, INTERRUPTION, OR ERRORS, OR THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS. FURTHER, BEST MBE DOES NOT WARRANT ACCESS TO THE INTERNET OR TO ANY OTHER SERVICE OR CONTENT OR DATA THROUGH THE SOFTWARE OR CONTINUED ACCESS TO THE TRIAL VERSION OF THE SOFTWARE OR TO THE DATA ENTERED INTO THE TRIAL VERSION OF THE SOFTWARE AFTER THE TRIAL PERIOD OF TIME IS OVER (IF APPLICABLE). SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
11. LIMITATION OF LIABILITY AND DAMAGES.IN NO EVENT WILL BEST MBE BE LIABLE FOR ANY LOSS, COST, LIABILITY OR DAMAGE INCURRED AS A RESULT OF YOUR RECEIPT OF OR PARTICIPATION IN THIRD PARTY SERVICES. THE ENTIRE CUMULATIVE LIABILITY OF BEST MBE AN ITS AFFILIATES AND ITS SUPPLIERS FOR ANY REASON ARISING FROM OR RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID BY YOU TO BEST MBE FOR THE SOFTWARE IN THE 12 MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM, UNLESS OTHERWISE SEPARATELY AGREED BY BEST MBE IN WRITING. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BEST MBE, ITS AFFILIATES AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES RELATING TO LOSS OF BUSINESS, TELECOMMUNICATION FAILURES, THE LOSS, CORRUPTION OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF PROFITS OR INVESTMENT, TAX POSITIONS TAKEN BY YOU, USE OF THE SOFTWARE WITH HARDWARE OR OTHER SOFTWARE THAT DOES NOT MEET BEST MBE’S SYSTEMS REQUIREMENTS OR THE LIKE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF BEST MBE, ITS AFFILIATES, ITS SUPPLIERS OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN BEST MBE AND YOU. BEST MBE WOULD NOT HAVE PROVIDED THIS SOFTWARE WITHOUT SUCH LIMITATIONS.
12. CONSENT TO CONDUCT BUSINESS ELECTRONICALLY (CONSENT).
13. AMENDMENT.Please review the Agreement periodically on the Software website provided to you for additional terms and changes. Best Multis has the right to change or add to the terms of this Agreement, and to change, delete, discontinue, or impose conditions on any feature or aspect of the Software, including but not limited to, terms, Internet based services, pricing, technical support options, and other product-related policies, at any time upon notice by any means Best Multis determines in its discretion to be reasonable, including posting information concerning such change on any Best Multis sponsored website. Your continued use of the Software after Best Multis’s publication of any such changes shall constitute your acceptance of this Agreement as modified.
14. TERMINATION.Your rights under this Agreement may be terminated or suspended by Best Multis immediately and without notice if you or any of your authorized users fail to comply with any term or condition of this Agreement or you no longer consent to receive Electronic Communications in accordance with Section 12. Upon termination you must immediately cease using the Software. Any termination of this Agreement shall not affect Best Multis’s rights hereunder. If you choose to cancel your access to the Software or any part thereof, you must do so in accordance with the activation and ordering terms for the specific Software product you have selected.
15. THIRD PARTY SERVICES.In connection with your use of the Software, you may be made aware of services, products, offers and promotions provided by third parties, and not by Best Multis (“Third Party Services”). If you decide to use Third Party Services, you are responsible for reviewing and understanding the terms and conditions as well as any fees, if any, governing any Third Party Services. You authorize Best Multis to use and disclose your contact information, including name and address, for the purpose of making the Third Party Services you choose available to you. You agree that the third party, and not Best Multis, is responsible for the performance of the Third Party Services. The Software may contain or reference links to websites operated by third parties (“Third Party Websites”). These links are provided as a convenience only. Best Multis is not responsible for the content of any Third Party Website or any link contained in a Third Party Website. Best Multis does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Websites, and the inclusion of any link in the Software is not and does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by Best Multis of any data contained in, or any services made available through, any Third Party Website. In no event will Best Multis be responsible for the information contained in such Third Party Website or for Licensees use of or inability to use such website. Access to any Third Party Website is at your own risk, and you acknowledge and understand that linked Third Party Websites may contain terms and privacy policies as well as fees that are different from those of Best Multis. Best Multis is not responsible for such provisions, and expressly disclaims any liability for use of such Third Party Services and Third Party Websites.
16. U.S. GOVERNMENT.The Software is a “commercial item,” as that term is defined at 48 C.F.R. 2.101 (OCT 1995), consisting of “commercial computer software” and “commercial computer software documentation.” All U.S. Government End Users acquire the Best Multis Software with only those rights set forth herein.
17. EXPORT RESTRICTIONS.You acknowledge that the Software is subject to the U.S. export controls regulations administered by the U.S. Dept. of Commerce (15 CFR, Chapter VII) and that you will comply with all applicable laws and regulations. You will not export or re-export the Software, or portion thereof, directly or indirectly, in violation the U.S. export administration laws and regulations to any country or end user; or to any end user who you know or have reason to know will utilize them in the design, development or production of nuclear, chemical or biological weapons. You further acknowledge that this Software may include technical data subject to such U.S. export regulations.
18. MISCELLANEOUS.This Agreement is the complete agreement between you and Best Multis and sets forth the entire liability of Best Multis, its affiliates and its Suppliers and your exclusive remedy with respect to the Software and its use. Any modification or waiver of the terms herein must be in a writing signed by an authorized representative of Best Multis and expressly referencing the applicable provisions of this Agreement. If any provision of this Agreement is invalid or unenforceable under applicable law, then it shall be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect. This Agreement may not be assigned by you without the prior written approval of Best Multis, but may be assigned without your consent by Best Multis to (a) a parent or direct or indirect subsidiary, (b) in an acquisition of the assets including the Software, in whole or in part, (c) a successor by merger. Any assignment in violation of this Section will be void. This Agreement will be governed by California law, without regard to its conflicts of law principles, and applicable federal law. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. The parties hereby consent to the exclusive jurisdiction and venue in the state courts in Orange County, California or federal court for the Southern District of California.
B. ADDITIONAL TERMS AND CONDITIONS FOR THE SOFTWARE, ADD-ON PRODUCTS AND RELATED SERVICES
Your use of the Software, Add-On Products and related Services provided by Best Multis are subject to the General Terms above and including these Additional Terms and Conditions which govern your use of the Software, Add-on Products and related Services indicated below. These Additional Terms and Conditions shall prevail over any conflict or inconsistency with the General Terms above.
1. LICENSE GRANT AND RESTRICTIONS.Best Multis Inc. (“Best Multis”, “us”, “we”, “our”) grants you (“you” and “your” means you or the legal entity identified in the registration process that you are authorized to represent and on whose behalf the Software is licensed) the following rights provided that you comply with all of the terms and conditions of this Agreement.
2. ADDITIONAL TERMS.
3. SATISFACTION GUARANTEED/LIMITED WARRANTY.
4. TERMINATION.The Best Multis Software is subject to Best Multis’s discontinuation policy and Best Multis reserves the right to discontinue all support for the Best Multis Software, and/or for any features, online or other services or content accessible through the Best Multis Software in accordance with its current discontinuation policy.
5. HEALTH INFORMATION AND PRIVACY.If you intend to use the Software, related services and content in conjunction with the medical or health information of particular individuals, you acknowledge and agree that the Software, related services and content are not “HIPAA-ready” or “HIPAA-compliant” and will not assist with or ensure compliance with HIPAA, and that you are solely responsible for using the Software, related services and content in a manner consistent with all applicable federal and state privacy laws relating to medical or health information.