Terms of Service

TERMS OF SERVICE

Last updated: August 01, 2024

AGREEMENT TO OUR LEGAL TERMS

We are BETTER WEB AGENCY ("Company", "we", "us", "our"), a company registered inFrance at 2 Rue Harrouys, Carquefou, 44470. We operate the website http://www.betterwebagency.com (the "Site"), as well as other related products and services that reference or link to these legal terms (collectively, the "Services").

You can contact us by email at bonjour@betterwebagency.com or by mail at 2 Rue Harrouys, Carquefou, 44470, France.

These Legal Terms constitute a legally binding agreement between you ("you") and BETTER WEB AGENCY, concerning your access to and use of the Services. By accessing the Services, you agree to these Legal Terms. If you do not agree with all of these Legal Terms, you are expressly prohibited from using the Services and must discontinue use immediately.

Supplemental terms or documents may occasionally be posted and are hereby incorporated by reference. We reserve the right to make changes or modifications to these Legal Terms at any time. We will notify you by updating the "Last updated" date, but it is your responsibility to review these Legal Terms periodically. Continued use of the Services after updates signifies your acceptance of the revised Legal Terms.

The Services are intended for users at least 18 years old. Persons under 18 are not permitted to use or register for the Services.

We recommend that you print a copy of these Legal Terms for your records.

TABLE OF CONTENTS

1. Our Services

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or would subject us to any registration requirement within such jurisdiction or country. Those who access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if applicable.

The Services are not tailored to comply with industry-specific regulations (e.g., Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA)). If your interactions would be subject to such laws, you may not use the Services. You may not use the Services in a way that violates the Gramm-Leach-Bliley Act (GLBA).

2. Intellectual Property Rights

Our Intellectual Property

We own or are the licensee of all intellectual property rights in our Services, including source code, databases, functionality, software, website designs, audio, video, text, photographs, graphics, trademarks, service marks, and logos (collectively, the "Content" and "Marks"). These are protected by copyright and trademark laws globally.

The Content and Marks are provided "AS IS" for your personal, non-commercial use or internal business purposes only. Except as permitted under these Legal Terms, no part of the Services, Content, or Marks may be copied, reproduced, distributed, sold, or otherwise exploited for any commercial purpose without our express prior written permission.

Your Use of Our Services

Subject to your compliance with these Legal Terms, we grant you a non-exclusive, non-transferable, revocable license to:

  • Access the Services.
  • Download or print a copy of any portion of the Content you have access to, solely for personal, non-commercial use or internal business purposes.

To request additional permissions to use the Services, Content, or Marks, please contact us at: bonjour@betterwebagency.com.

Any unauthorized use of our intellectual property will result in immediate termination of your rights under these Legal Terms.

Your Submissions

Please review this section and the Prohibited Activities section before posting or uploading content. By sending us submissions (e.g., questions, comments, suggestions), you:

  • Assign all intellectual property rights in such submissions to us.
  • Waive any moral rights and represent that your submissions are original or properly licensed.
  • Ensure that submissions are not illegal, harmful, harassing, defamatory, or otherwise inappropriate.
  • Confirm that submissions do not contain confidential information.

You are solely responsible for your submissions and agree to reimburse us for any losses resulting from breaches of this section or any third-party intellectual property rights.

3. USER REPRESENTATIONS

By using the Services, you represent and warrant that:

  • You have the legal capacity and agree to comply with these Legal Terms;
  • You are not a minor in the jurisdiction where you reside;
  • You will not access the Services through automated or non-human means (e.g., bots or scripts);
  • You will not use the Services for any illegal or unauthorized purposes;
  • Your use of the Services complies with applicable laws and regulations.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

4. PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Services, you agree not to:

  • Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
  • Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
  • Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any content or enforce limitations on the use of the Services and/or the content contained therein.
  • Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
  • Use any information obtained from the Services to harass, abuse, or harm another person.
  • Make improper use of our support services or submit false reports of abuse or misconduct.
  • Use the Services in a manner inconsistent with any applicable laws or regulations.
  • Engage in unauthorized framing of or linking to the Services.
  • Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming, that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
  • Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
  • Delete the copyright or other proprietary rights notice from any content.
  • Attempt to impersonate another user or person or use the username of another user.
  • Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear GIFs, 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as spyware or passive collection mechanisms).
  • Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
  • Harass, annoy, intimidate, or threaten any of our employees or agents providing any portion of the Services to you.
  • Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services or any portion of the Services.
  • Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
  • Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
  • Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software.
  • Use a buying agent or purchasing agent to make purchases on the Services.
  • Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
  • Use the Services as part of any effort to compete with us or otherwise use the Services and/or the content for any revenue-generating endeavor or commercial enterprise.

Any use of the Services in violation of the foregoing violates these Legal Terms and may result in, among other things, termination or suspension of your rights to use the Services.

6. CONTRIBUTION LICENSE

You and Services agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).

By submitting suggestions or other feedback regarding the Services, you agree that we can use and share such feedback for any purpose without compensation to you.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Services. You are solely responsible for your Contributions to the Services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

7. THIRD-PARTY WEBSITES AND CONTENT

The Services may contain (or you may be sent via the Services) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services.

Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or Third-Party Content does not imply approval or endorsement by us. If you decide to leave the Services and access Third-Party Websites or use or install any Third-Party Content, you do so at your own risk. These Legal Terms no longer govern your use of those websites. Any purchases you make through Third-Party Websites are solely between you and the applicable third party, and we disclaim all liability in relation to such purchases.

8. SERVICES MANAGEMENT

We reserve the right, but not the obligation, to:

  1. Monitor the Services for violations of these Legal Terms.
  2. Take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including reporting such users to law enforcement authorities.
  3. Refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof.
  4. Remove from the Services or otherwise disable all files and content that are excessive in size or burdensome to our systems.
  5. Manage the Services in a manner designed to protect our rights and property and to ensure the proper functioning of the Services.

9. PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy:http://www.betterwebagency.com/privacy-policy. By using the Services, you agree to be bound by our Privacy Policy. The Services are hosted in France. If you access the Services from another region with different data collection, use, or disclosure laws, your continued use of the Services constitutes consent to the transfer and processing of your data in France.

10. TERM AND TERMINATION

These Legal Terms remain in effect while you use the Services. We reserve the right, in our sole discretion, to deny access to and use of the Services, including blocking certain IP addresses, to anyone for any reason or no reason, including breach of these Legal Terms. If we terminate your account, you are prohibited from registering a new account under your name or any other alias.

We reserve the right to take appropriate legal action, including pursuing civil, criminal, and injunctive remedies.

11. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to modify or remove the contents of the Services at any time without notice. We will not be liable for any modification, suspension, or discontinuance of the Services. We cannot guarantee uninterrupted availability of the Services, and we disclaim liability for any downtime or errors.

12. GOVERNING LAW

These Legal Terms are governed by the laws of France. If you reside in the EU, you are entitled to consumer protections provided under your country's laws. Both parties agree to submit to the non-exclusive jurisdiction of the courts of Nantes, France.

13. DISPUTE RESOLUTION

Informal Negotiations

To resolve disputes efficiently, both parties agree to first attempt to negotiate any dispute informally for at least 30 days before initiating arbitration. Negotiations begin upon written notice from one party to the other.

Binding Arbitration

Any dispute arising from the relationships between the Parties to these Legal Terms shall be determined by one arbitrator chosen in accordance with the Arbitration and Internal Rules of the European Court of Arbitration, part of the European Centre of Arbitration, with its seat in Strasbourg. The seat of arbitration shall be Nantes, France. The language of the proceedings shall be French. Applicable rules of substantive law shall be the law of France.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the fullest extent permitted by law:

  • No arbitration shall be joined with any other proceeding.
  • There is no right or authority for any Dispute to be arbitrated on a class-action basis.
  • There is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or other persons.

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the provisions concerning informal negotiations and binding arbitration:

  • Disputes seeking to enforce or protect intellectual property rights of a Party.
  • Disputes related to allegations of theft, piracy, invasion of privacy, or unauthorized use.
  • Claims for injunctive relief.
If this provision is found to be illegal or unenforceable, any Dispute within that portion will be decided by a court of competent jurisdiction within the courts listed above, and the Parties agree to submit to the personal jurisdiction of that court.

14. Corrections

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and other details. We reserve the right to correct any errors, inaccuracies, or omissions and to update the information at any time without prior notice.

15. Disclaimer

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE SERVICES WILL BE ERROR-FREE, SECURE, OR UNINTERRUPTED. USE THE SERVICES AT YOUR OWN DISCRETION AND RISK.

16. Limitations of Liability

IN NO EVENT WILL WE BE LIABLE FOR DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, OR LOSS OF DATA. OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO THE AMOUNT PAID BY YOU TO US IN THE SIX (6) MONTHS PRIOR TO THE CLAIM. SOME JURISDICTIONS MAY NOT ALLOW THESE LIMITATIONS.

17. Indemnification

You agree to indemnify, defend, and hold us harmless from any claims, damages, liabilities, or expenses (including attorney fees) arising from:

  • Your use of the Services.
  • Your breach of these Legal Terms.
  • Your violation of a third party’s rights.
  • Any harmful act toward another user connected to the Services.

18. User Data

We maintain data you transmit to the Services for performance purposes. While we perform routine backups, you are solely responsible for the data you transmit or activities undertaken using the Services. We are not liable for any loss or corruption of your data.

19. Electronic Communications, Transactions, and Signatures

By using the Services, you consent to electronic communications and agree that all agreements and communications provided electronically satisfy legal requirements. You waive any rights requiring non-electronic signatures or records.

20. California Users and Residents

For unresolved complaints, contact the Complaint Assistance Unit of the California Department of Consumer Affairs: 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834. Phone: (800) 952-5210 or (916) 445-1254.

21. Miscellaneous

These Legal Terms constitute the entire agreement between you and us. If any provision is unlawful or unenforceable, it is severable, and the rest remain in effect. No joint venture, partnership, or agency relationship is created by these terms.

22. Contact Us

For complaints or further information:
Better Web Agency
2 Rue Harrouys, Carquefou, 44470, France
bonjour@betterwebagency.com