Candidate Terms of Use

THIS CANDIDATE TERMS OF USE AGREEMENT (this “Agreement”) governs the provision of the AI-powered recruiting platform (the “Platform”), mobile application (the “App”), and related services by BETTERLEAP, INC. (“Betterleap”) to job candidates through the Betterleap website located at https://betterleap.com/ (collectively, the “Services”). Please note that if you are accessing the Services as an entity offering job opportunities to candidates, your use of the Services is not governed by this Agreement; instead, such use is governed by Betterleap’s Terms of Service, which are available at this link.

PLEASE READ THIS AGREEMENT CAREFULLY. THIS AGREEMENT GOVERNS THE USE OF THE SERVICES AND APPLIES TO ALL USERS VISITING OR ACCESSING THE SERVICES FOR THE PURPOSES OF IDENTIFYING OR INTERACTING WITH JOB OPPORTUNITIES, RECRUITERS, AND EMPLOYERS.  BY ACCESSING OR USING THE SERVICES IN ANY WAY, ACCEPTING THIS AGREEMENT BY CLICKING ON THE “I ACCEPT” BUTTON, COMPLETING THE ACCOUNT REGISTRATION PROCESS, DOWNLOADING OR USING THE APP, OR BROWSING THE WEBSITE, YOU REPRESENT THAT: (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT; (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH BETTERLEAP; (3) YOU ARE NOT BARRED FROM USING THE SERVICES UNDER THE LAWS OF THE UNITED STATES, YOUR PLACE OF RESIDENCE, OR ANY OTHER APPLICABLE JURISDICTION; AND (4) YOU HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT.  IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THE SERVICES.

THE ARBITRATION AGREEMENT CONTAINED HEREIN IN SECTION 11 BELOW (“ARBITRATION AGREEMENT”) CONTAINS PROVISIONS THAT GOVERN HOW TO RESOLVE DISPUTES BETWEEN YOU AND BETTERLEAP.  AMONG OTHER THINGS, THE ARBITRATION AGREEMENT INCLUDES AN AGREEMENT TO ARBITRATE WHICH REQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU AND US SHALL BE RESOLVED BY BINDING AND FINAL ARBITRATION.  THE ARBITRATION AGREEMENT ALSO CONTAINS A CLASS ACTION AND JURY TRIAL WAIVER.  PLEASE READ THE ARBITRATION AGREEMENT CAREFULLY.

UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT WITHIN THIRTY (30) DAYS IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION; AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.

ANY DISPUTE, CLAIM OR REQUEST FOR RELIEF RELATING IN ANY WAY TO YOUR USE OF THE SERVICES WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF CALIFORNIA CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANY OTHER JURISDICTION.  THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY EXCLUDED FROM THIS AGREEMENT.

1. THE SERVICES.

1.1. The Services Help you Find and Engage with Job Opportunities.  The Services consist of the Platform, which allows you to create and manage a professional profile, engage with recruiting teams via direct message transmitted through the Platform, and apply to job opportunities posted by recruiting teams through the Platform.

1.2. Betterleap Provides a Means of Connection. While Betterleap provides a means through which you may identify and engage with job opportunities, we do not take part in the interaction between you and the applicable recruiting team or any interactions between you and other users.  We do not have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of any communications between you and any recruiting or human resources personnel or other users. We make no representations about the suitability, reliability, timeliness or accuracy in public, private or offline interactions between you and any recruiting or human resources personnel or other users. Betterleap does not validate job opportunities we cannot confirm that each user of the Platform is who they claim to be. We do not assume any responsibility for the accuracy or reliability of any information provided through the Services or through third-party services, such as LinkedIn.

1.3. Modifications.  Betterleap may modify the Services and this Agreement at any time, at our sole discretion.  If we do so, we’ll let you know either by posting the modified Agreement on the Betterleap website or through other communications. It’s important that you review the modified Agreement terms because if you continue to use the Services after we’ve let you know that the Agreement has been modified, you are indicating to us that you agree to be bound by the modified Agreement. If you don’t agree to be bound by the modified Agreement, then you may no longer use the Services. Because our Services are evolving over time, we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion. Betterleap may also release subsequent versions of the App and require you to download and use the most recent version. Your continued use of the App after such a release will be deemed your acceptance of the modifications.

2. REGISTRATION.

2.1. Registration.  In order to receive the Services hereunder, you must register for or claim an account (“Account”).  In registering or claiming an Account, you agree to: (a) provide true, accurate, current, and complete information or review and confirm such information already in Betterleap’s possession, which may include, without limitation, your name, email address, and any other information as may be requested by Betterleap (“Registration Data”); and (b) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete.  You agree not to provide any false or misleading information about your identity or location, credentials, skills, or licenses, and to correct any such information that is or becomes false or misleading. You acknowledge and agree that Registration Data may be shared with other parties in connection with the Services, and you hereby grant Betterleap a non-exclusive, worldwide, royalty free license to use, display, perform, transmit, and otherwise exploit your Registration Data in connection with the Services.  You are responsible for all activities that occur under your Account and may not share Account or password information with anyone. You agree to notify Betterleap immediately of any unauthorized use of your password or any other breach of security.  If you provide any information that is untrue, inaccurate, not current or incomplete, or Betterleap has reasonable grounds to suspect that any information you provide is untrue, inaccurate, not current or incomplete, Betterleap has the right to suspend or terminate your Account and terminate this Agreement.  You may not have more than one Account at any given time.  You may not create an Account or otherwise access or use the Platform if you have been previously removed or terminated by Betterleap.  Betterleap reserves the right to decline any registration or request for access or an Account for any lawful reason, including supply and demand, cost to maintain data, or other business considerations.

2.2. Account Verification.  When you register for or claim an Account and from time to time thereafter, your Account may be subject to verification, which may include, but is not limited to, validation against third-party databases or verification of one or more official government or legal documents that confirm your identity, location, and relevant licensing credentials. You authorize Betterleap, directly or through third parties, to make any inquiries necessary to validate your identity, location, and ownership of your email address, subject to applicable law.  When requested, you must timely provide Betterleap with complete information about yourself, which may include, but is not limited to, providing official government or legal documents.

2.3. Integrated Accounts. You may link your Account with third-party accounts (“Third-Party Accounts”), by allowing Betterleap to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to Betterleap and/or grant Betterleap access to your Third-Party Account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Betterleap to pay any fees or making Betterleap subject to any usage limitations imposed by such third-party service providers.  By granting Betterleap access to any Third-Party Accounts, you understand that Betterleap may access, make available and store (if applicable) any information, data, text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials accessible through the Platform (collectively, “Content”) that you have provided to and stored in your Third-Party Account (“Third-Party Account Content”) so that it is available on and through the Platform via your Account.   Unless otherwise specified in the Agreement, all Third-Party Account Content shall be considered to be Your Data (as defined below) for all purposes of the Agreement.  Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your Account on the Platform. Please note that if a Third-Party Account or associated service becomes unavailable, or Betterleap’s access to such Third-Party Account is terminated by the third-party service provider, then Third-Party Account Content will no longer be available on and through the Platform.  PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND BETTERLEAP DISCLAIMS ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO IT BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS.  Betterleap makes no effort to review any Third-Party Account Content for any purpose, including but not limited to, for accuracy, legality or noninfringement, and Betterleap is not responsible for any Third-Party Account Content.

3. INTELLECTUAL PROPERTY.

3.1. App License. Subject to your compliance the terms and conditions of this Agreement, Betterleap grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the App on a mobile device that you own or control and to run such copy of the App solely for your own internal business purposes. Furthermore, with respect to any App accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”), you will only use such App Store Sourced Application (a) on an Apple-branded product that runs iOS (Apple’s proprietary operating system); and (b) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. Notwithstanding the first sentence in this section, with respect to any App accessed through or downloaded from the Google Play store (a “Google Play Sourced Application”), you may have additional license rights with respect to use of such Google Play Sourced Application on a shared basis within your designated family group.

You acknowledge and agree that the availability of the App is dependent on the third party from whom you received the App license, e.g., the Apple App Store or Google Play (each, an “App Store”). You acknowledge that this Agreement is between you and Betterleap and not with the App Store. Betterleap, not the App Store, is solely responsible for the Services, including the App, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the App, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the Services, including the App. You agree to comply with, and your license to use the App is conditioned upon your compliance with all terms of agreement imposed by the applicable App Store when using any aspect of the Services, including the App. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of this Agreement and will have the right to enforce it.

The following applies to any App Store Sourced Application accessed through or downloaded from the Apple App Store: (i) you acknowledge and agree that (1) the Agreement is concluded between you and Betterleap only, and not Apple, (2) Betterleap, not Apple, is solely responsible for the App Store Sourced Application and content thereof, and (3) your use of the App Store Sourced Application will comply with the App Store Terms of Service; (ii) you acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application; (iii) in the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Betterleap and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Betterleap; (iv) you and Betterleap acknowledge that, as between Betterleap and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (1) product liability claims, (2) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement, and (3) claims arising under consumer protection or similar legislation; (v) you and Betterleap acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between Betterleap and Apple, Betterleap, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the Agreement; (vi) you and Betterleap acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Agreement as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof; and (vii) without limiting any other terms of the Agreement, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.

3.2. Ownership of the Services. As between you and Betterleap, Betterleap owns all right, title and interest in and to the Services (including the App, the Platform and Betterleap’s trademarks, and all related graphics, logos, service marks and trade names) and all intellectual property rights related thereto. Except for the license granted in Section 3.1, this Agreement grants you no right, title, or interest in any intellectual property owned or licensed by us, including the App and the Platform. You agree to abide by all applicable proprietary rights laws and other laws, as well as any additional copyright notices and restrictions contained in this Agreement.  

3.3. Your Data.  You own all rights, title and interest in any and all information, data, text, software, and/or other materials provided or made available by or on behalf of you to Betterleap hereunder, including without limitation through the Platform or otherwise in connection with the Services, including without limitation (a) Registration Data, (b) data and information about yourself you submit or make available (collectively, all of the foregoing, “Your Data”).  You are solely responsible for Your Data, including the accuracy thereof, and for any legal action that may be instituted by third parties as a result of or in connection with Your Data. You acknowledge that performance of the Services relies on insights derived from data collected from users of the Services, including, without limitation, data provided by you to Betterleap, whether directly or ingested through third-party data sources. Accordingly, you hereby grant Betterleap a non-exclusive, world-wide, perpetual, irrevocable, royalty-free, fully paid-up, fully sublicensable and transferable right and license to use, host, perform, display, create derivative works from, and otherwise exploit Your Data, including by combining Your Data with data from third-party sources, utilizing machine learning and artificial intelligence applications, and otherwise sharing Your Data with our third-party vendors, for the purposes of (i) providing the Services and performing Betterleap’s obligations and exercising our rights under this Agreement; (ii) operating, analyzing, developing, improving, and promoting the Services, and Betterleap’s other products and services, including without limitation for the benefit of our other customers. Furthermore, you acknowledge and agree that Betterleap may use Your Data provided through the Services as set forth in our Privacy Policy https://betterleap.com/privacy/, which may be updated from time to time, and for Betterleap’s legitimate business purposes.

3.4. Privacy and Security. You represent and warrant that you have given all necessary and appropriate notices to, and obtained all necessary and appropriate consents from, third parties (including individuals) and have reserved all rights to provide or make available Your Data to Betterleap for the uses contemplated by this Agreement.

3.5. Feedback.  You hereby grant to Betterleap a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable and transferable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner (a) any and all feedback, suggestions, or ideas related to Betterleap’s products, services, or business provided by you (collectively, “Feedback”) and to sublicense the foregoing rights, in connection with the operation, maintenance, and improvement of the Services and/or Betterleap’s business and (b) any feedback, suggestions, ideas, responses, comments, information, and data, including survey responses, provided by you or on your behalf related to the Services (“Services Assessments”), and to sublicense the foregoing rights, in connection with the operation, maintenance, and improvement of Betterleap’s business, provided that Betterleap shall not share any Services Assessments with any third parties in a manner that identifies you by name.

4. RESTRICTIONS; ENFORCEMENT.  You represent, warrant, and covenant that you will not, and shall not permit any third party to (a) provide access to the Services to third parties except as expressly authorized by Betterleap hereunder; (b) modify any documentation, or create any derivative product thereof; (c) modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Services; (d) assign, sublicense, sell, resell, lease, rent, or otherwise transfer or convey, or pledge as security or otherwise encumber Betterleap’s rights under this Section; (e) harvest, collect, gather or assemble information or data regarding Betterleap’s customers or users without their consent; (f) use the Services to solicit, advertise for, or contact in any form, any individuals or entities for any purpose not related to the Services; (g) use the Services or any information or data received through or in connection with the Services in a manner that (i) may infringe or violate the intellectual property or other rights of any individual or entity, including without limitation the rights of publicity or privacy; (ii) may violate applicable laws or governmental regulations; (iii) is unlawful, threatening, abusive, harassing, misleading, false, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, profane or racially, ethnically, or otherwise discriminatory; (iv) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail; (v) impersonates any person or entity, including any employee or representative of Betterleap; (vi) interferes with or attempts to interfere with the proper functioning of the Services or uses the Services in any way not expressly permitted by this Agreement; or (vii) attempts to engage in or engages in, any potentially harmful acts that are directed against the Services; or (g) permits any third party to do any of the foregoing, directly or indirectly. Betterleap reserves the right to refer any matter to, and to cooperate with, any and all applicable legal authorities, if Betterleap believes that any criminal activity has occurred.  Betterleap is entitled, except to the extent prohibited by applicable law, to disclose any information or materials in Betterleap’s possession related to this Agreement or the Services, including without limitation all of Your Data to (1) comply with applicable laws, legal process or governmental request; (2) enforce the Agreement; (3) respond to any claims that your content, acts, or omissions violates the rights of third parties; (4) respond to requests for customer service; or (5) protect the rights, property or personal safety of Betterleap, its customers, users, or the public, and all enforcement or other government officials, as Betterleap in its sole discretion believes to be necessary or appropriate.

5. TERMINATION.

5.1. Term.  The term of this Agreement commences on the date when you accept this Agreement (as described in the preamble above), and continues in full force and effect while you use the Services, unless terminated earlier in accordance with this Agreement.

5.2. Termination of Services by Betterleap.  If you have materially breached any provision of this Agreement, or if Betterleap is required to do so by law (e.g., where the provision of the Services is, or becomes, unlawful), Betterleap has the right to, immediately and without notice, suspend or terminate any Services provided to you.  Betterleap reserves the right to terminate this Agreement or your access to the Services at any time without cause upon notice to you.  You agree that all terminations for cause are made in Betterleap’s sole discretion and that Betterleap shall not be liable to you or any third party for any termination of your Account.

5.3. Termination by You.  If you want to terminate this Agreement, you may do so by closing your Account for the Services.

5.4. Effect of Termination.  Upon termination of the Services or the applicable feature or functionality thereof, your right to use the Services or the applicable feature or functionality thereof will automatically terminate, and Betterleap may delete Your Data associated therewith from our live databases.  If we terminate your Account for cause, we may also bar your further use or access to the Services.  Betterleap will not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Data.  All provisions of this Agreement which by their nature should survive, will survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

5.5. No Subsequent Registration.  If this Agreement is terminated for cause by Betterleap or if your Account or ability to access the Services is discontinued by Betterleap due to your violation of any portion of this Agreement or for conduct otherwise deemed inappropriate, then you agree that you shall not attempt to re-register with or access the Services through use of a different member name or otherwise.

5.6. US-based Users Only. The Services can be accessed from countries around the world and may contain references to services that are not available in your country.  These references do not imply that Betterleap intends to announce such Services in your country.  The Services are controlled and offered by Betterleap from its facilities in the United States of America. We make no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other countries do so at their own volition and are responsible for compliance with local law.

6. INDEMNIFICATION.  You agree to defend, indemnify and hold Betterleap, its parents, subsidiaries, affiliates, officers, employees, agents, partners, suppliers, and licensors (each, a “Betterleap Party” and collectively, the “Betterleap Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of any and all of the following: (a) Your Data; (b) your use of, or inability to use, the Services; (c) your violation of the Agreement or of any rights of another party; or (d) your violation of any applicable laws, rules or regulations.  Betterleap reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Betterleap in asserting any available defenses. 

7. DISCLAIMER OF WARRANTIES.

7.1. As Is.  YOUR USE OF THE  SERVICES IS AT YOUR SOLE RISK.  YOU, AND NOT BETTERLEAP, SHALL BE SOLELY RESPONSIBLE FOR YOUR USE OF THE SERVICES, INCLUDING ANY USE OF THE RESULTS OF THE SERVICES AND DECISIONS MADE OR ACTIONS TAKEN BASED ON THE SERVICES. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS.  THE BETTERLEAP PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.  THE BETTERLEAP PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT THE SERVICES OR ANY TRANSACTIONS MADE IN CONNECTION THEREWITH WILL MEET YOUR REQUIREMENTS.

7.2. Third Parties.  YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS OF THE SERVICES, PARTICULARLY IF YOU MEET ANY OTHER USER OF THE SERVICESOFFLINE OR IN PERSON. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS OF THE SERVICES IN CONNECTION WITH THE SERVICES OR OTHERWISE. YOU UNDERSTAND THAT BETTERLEAP IS UNDER NO OBLIGATION TO SCREEN ITS USERS. YOU ARE SOLELY RESPONSIBLE FOR, AND WILL EXERCISE CAUTION, DISCRETION, COMMON SENSE AND JUDGMENT IN USING THE SERVICES AND DISCLOSING PERSONAL INFORMATION. YOU ACKNOWLEDGE AND AGREE THAT BETTERLEAP PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD BETTERLEAP PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.  NEITHER BETTERLEAP NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT OF ANY USER OF THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT BETTERLEAP DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE QUALIFICATIONS OR IDENTITY OF ANY USER. IN ADDITION, WE DO NOT GUARANTEE THAT, BY USING THE SERVICES, YOU WILL SUCCESSFULLY OBTAIN ANY JOB OPPORTUNITY.

8. LIMITATION OF LIABILITY.  IN NO EVENT SHALL ANY OF THE BETTERLEAP PARTIES BE LIABLE FOR: (A) ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, IN EACH CASE WHETHER OR NOT BETTERLEAP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER PARTIES, ON ANY THEORY OF LIABILITY; OR (B) TOTAL, CUMULATIVE LIABILITY GREATER THAN ONE HUNDRED U.S. DOLLARS ($100 USD).  THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN BETTERLEAP AND YOU.

9. INVESTIGATIONS.  Betterleap may, but is not obligated to, monitor or review the Services at any time.  Without limiting the foregoing, Betterleap shall have the right, in its sole discretion, to remove any of Your Data for any reason (or no reason), including if Your Data violates this Agreement or any applicable law.  Although Betterleap does not generally monitor user activity occurring in connection with the Services, if Betterleap becomes aware of any possible violations by you of any provision of this Agreement, Betterleap reserves the right to investigate such violations, and Betterleap may, at its sole discretion, immediately terminate your license to use the Services, or change, alter or remove Your Data, in whole or in part, without prior notice to you.

10. ARBITRATION AGREEMENT.  Please read this section (the “Arbitration Agreement”) carefully.  It is part of your contract with Betterleap and affects your rights.  It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

10.1. Applicability of Arbitration Agreement.  Subject to the terms of this Arbitration Agreement, you and Betterleap agree that any dispute, claim, disagreements arising out of or relating in any way to your access to or use of the Services, any communications you receive, any products sold or distributed through the Services or this Agreement and prior versions of this Agreement, including claims and disputes that arose between you and us before the effective date of this Agreement (each, a “Dispute”) will be resolved by binding arbitration, rather than in court, except that: (i) you and Betterleap may assert claims or seek relief in small claims court if such claims qualify and remain in small claims court; and (ii) you or Betterleap may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents).  For purposes of this Arbitration Agreement, “Dispute” will also include disputes that arose or involve facts occurring before the existence of this or any prior versions of this Agreement as well as claims that may arise after the termination of this Agreement.

10.2. Informal Dispute Resolution.  There might be instances when a Dispute arises between you and Betterleap.  If that occurs, Betterleap is committed to working with you to reach a reasonable resolution.  You and Betterleap agree that good faith informal efforts to resolve Disputes can result in a prompt, low‐cost and mutually beneficial outcome (“Informal Dispute Resolution”).  You and Betterleap therefore agree that before either party commences arbitration against the other (or initiates an action in small claims court if a party so elects), we will personally meet and confer telephonically or via videoconference, in a good faith effort to resolve informally any Dispute covered by this Arbitration Agreement (“Informal Dispute Resolution Conference”).  If you are represented by counsel, your counsel may participate in the conference, but you will also participate in the conference.

The party initiating a Dispute must give notice to the other party in writing of its intent to initiate an Informal Dispute Resolution Conference (“Notice”), which shall occur within forty-five (45) days after the other party receives such Notice, unless an extension is mutually agreed upon by the parties.  Notice to Betterleap that you intend to initiate an Informal Dispute Resolution Conference should be sent by email to legal@betterleap.com  The Notice must include: (1) your name, telephone number, mailing address, e‐mail address associated with your Account (if you have one); (2) the name, telephone number, mailing address and e‐mail address of your counsel, if any; and (3) a description of your Dispute.

The Informal Dispute Resolution Conference shall be individualized such that a separate conference must be held each time either party initiates a Dispute, even if the same law firm or group of law firms represents multiple users in similar cases, unless all parties agree; multiple individuals initiating a Dispute cannot participate in the same Informal Dispute Resolution Conference unless all parties agree.  In the time between a party receiving the Notice and the Informal Dispute Resolution Conference, nothing in this Arbitration Agreement shall prohibit the parties from engaging in informal communications to resolve the initiating party’s Dispute.  Engaging in the Informal Dispute Resolution Conference is a condition precedent and requirement that must be fulfilled before commencing arbitration.  The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the Informal Dispute Resolution Conference process required by this section.

10.3. Waiver of Jury Trial.  YOU AND BETTERLEAP HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY.  You and Betterleap are instead electing that all Disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 11.1 (Applicability of Arbitration Agreement).  There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

10.4. Waiver of Class and Other Non-Individualized Relief.  YOU AND BETTERLEAP AGREE THAT, EXCEPT AS SPECIFIED IN THE SECTION ADDRESSING BATCH ARBITRATION BELOW, EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION BASIS.  ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND DISPUTES OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.  Subject to this Arbitration Agreement, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party’s individual claim.  Nothing in this paragraph is intended to, nor shall it, affect the terms and conditions under Section 11.9 (Batch Arbitration).  Notwithstanding anything to the contrary in this Arbitration Agreement, if a court decides by means of a final decision, not subject to any further appeal or recourse, that the limitations of this section are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and Betterleap agree that that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigated in the state or federal courts located in the State of California.  All other Disputes shall be arbitrated or litigated in small claims court.  This section does not prevent you or Betterleap from participating in a class-wide settlement of claims.

10.5. Rules and Forum.  This Agreement evidences a transaction involving interstate commerce; and notwithstanding any other provision herein with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. § 1 et seq., will govern the interpretation and enforcement of this Arbitration Agreement and any arbitration proceedings.  If the Informal Dispute Resolution process described above does not resolve satisfactorily within sixty (60) days after receipt of your Notice, you and Betterleap agree that either party shall have the right to finally resolve the Dispute through binding arbitration.  The arbitration will be administered by the American Arbitration Association (“AAA”), in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this section of this Arbitration Agreement.  The AAA Rules are currently available at https://www.adr.org/sites/default/files/Consumer%20Rules.pdf.

A party who wishes to initiate arbitration must provide the other party with a request for arbitration (the “Request”).  The Request must include: (1) the name, telephone number, mailing address, e‐mail address of the party seeking arbitration and the account username (if applicable) as well as the email address associated with any applicable Account; (2) a statement of the legal claims being asserted and the factual bases of those claims; (3) a description of the remedy sought and an accurate, good‐faith calculation of the amount in controversy in United States dollars; (4) a statement certifying completion of the Informal Dispute Resolution process as described above; and (5) evidence that the requesting party has paid any necessary filing fees in connection with such arbitration.

If the party requesting arbitration is represented by counsel, the Request shall also include counsel’s name, telephone number, mailing address, and email address.  Such counsel must also sign the Request.  By signing the Request, counsel certifies to the best of counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that: (1) the Request is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (2) the claims, defenses and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (3) the factual and damages contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery.

Unless you and Betterleap otherwise agree, or the Batch Arbitration process discussed in Section 11.9 (Batch Arbitration) is triggered, the arbitration will be conducted in San Francisco, California.  Subject to the AAA Rules, the arbitrator may direct a limited and reasonable exchange of information between the parties, consistent with the expedited nature of the arbitration.  If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum.  Your responsibility to pay any AAA fees and costs will be solely set forth in the applicable AAA Rules.

You and Betterleap agree that all materials and documents exchanged during the arbitration proceedings shall be kept confidential and shall not be shared with anyone except the parties’ attorneys, accountants, or business advisors, and shall be subject to the condition that they agree to keep all materials and documents exchanged during the arbitration proceedings confidential.`

10.6. Arbitrator.  The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators.  If the parties are unable to agree upon an arbitrator within thirty-five (35) days of delivery of the Request, then the AAA will appoint the arbitrator in accordance with the AAA Rules, provided that if the Batch Arbitration process under Section 11.9 (Batch Arbitration) is triggered, the AAA will appoint the arbitrator for each batch.

10.7. Authority of Arbitrator.  The arbitrator shall have exclusive authority to resolve any Dispute, including, without limitation, disputes arising out of or related to the interpretation or application of the Arbitration Agreement, including the enforceability, revocability, scope, or validity of the Arbitration Agreement or any portion of the Arbitration Agreement, except for the following: (1) all Disputes arising out of or relating to Section 11.4 (Waiver of Class and Other Non-Individualized Relief), including any claim that all or part of Section 11.4 (Waiver of Class and Other Non-Individualized Relief) is unenforceable, illegal, void or voidable, or that such Section 11.4 (Waiver of Class and Other Non-Individualized Relief) has been breached, shall be decided by a court of competent jurisdiction and not by an arbitrator; (2) except as expressly contemplated in Section 11.9 (Batch Arbitration), all Disputes about the payment of arbitration fees shall be decided only by a court of competent jurisdiction and not by an arbitrator; (3) all Disputes about whether either party has satisfied any condition precedent to arbitration shall be decided only by a court of competent jurisdiction and not by an arbitrator; and (4) all Disputes about which version of the Arbitration Agreement applies shall be decided only by a court of competent jurisdiction and not by an arbitrator.  The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties, except as expressly provided in Section 11.9 (Batch Arbitration).  The arbitrator shall have the authority to grant motions dispositive of all or part of any Dispute.  The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded.  The award of the arbitrator is final and binding upon you and us.  Judgment on the arbitration award may be entered in any court having jurisdiction.

10.8. Attorneys’ Fees and Costs.  The parties shall bear their own attorneys’ fees and costs in arbitration unless the arbitrator finds that either the substance of the Dispute or the relief sought in the Request was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).  If you or Betterleap need to invoke the authority of a court of competent jurisdiction to compel arbitration, then the party that obtains an order compelling arbitration in such action shall have the right to collect from the other party its reasonable costs, necessary disbursements, and reasonable attorneys’ fees incurred in securing an order compelling arbitration.  The prevailing party in any court action relating to whether either party has satisfied any condition precedent to arbitration, including the Informal Dispute Resolution process, is entitled to recover their reasonable costs, necessary disbursements, and reasonable attorneys’ fees and costs.

10.9. Batch Arbitration.  To increase the efficiency of administration and resolution of arbitrations, you and Betterleap agree that in the event that there are one-hundred (100) or more individual Requests of a substantially similar nature filed against Betterleap by or with the assistance of the same law firm, group of law firms, or organizations, within a thirty (30) day period (or as soon as possible thereafter), the AAA shall (1) administer the arbitration demands in batches of 100 Requests per batch (plus, to the extent there are less than 100 Requests left over after the batching described above, a final batch consisting of the remaining Requests); (2) appoint one arbitrator for each batch; and (3) provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award (“Batch Arbitration”).

All parties agree that Requests are of a “substantially similar nature” if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issues and seek the same or similar relief.  To the extent the parties disagree on the application of the Batch Arbitration process, the disagreeing party shall advise the AAA, and the AAA shall appoint a sole standing arbitrator to determine the applicability of the Batch Arbitration process (“Administrative Arbitrator”).  In an effort to expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree the Administrative Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly.  The Administrative Arbitrator’s fees shall be paid by Betterleap.

You and Betterleap agree to cooperate in good faith with the AAA to implement the Batch Arbitration process including the payment of single filing and administrative fees for batches of Requests, as well as any steps to minimize the time and costs of arbitration, which may include: (1) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (2) the adoption of an expedited calendar of the arbitration proceedings.

This Batch Arbitration provision shall in no way be interpreted as authorizing a class, collective and/or mass arbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth in this provision.

10.10. 30-Day Right to Opt Out.  You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to: 55 Francisco Street, Suite 800, San Francisco, CA 94133, within thirty (30) days after first becoming subject to this Arbitration Agreement.  Your notice must include your name and address, the email address associated with your Account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement.  If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you.  Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.

10.11. Invalidity, Expiration.  Except as provided in Section 11.4 (Waiver of Class or Other Non-Individualized Relief), if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.  You further agree that any Dispute that you have with Betterleap as detailed in this Arbitration Agreement must be initiated via arbitration within the applicable statute of limitation for that claim or controversy, or it will be forever time barred.  Likewise, you agree that all applicable statutes of limitation will apply to such arbitration in the same manner as those statutes of limitation would apply in the applicable court of competent jurisdiction.

10.12. Modification.  Notwithstanding any provision in this Agreement to the contrary, we agree that if Betterleap makes any future material change to this Arbitration Agreement, we will notify you.  Unless you reject the change within thirty (30) days of such change become effective by writing to Betterleap at 55 Francisco Street, Suite 800, San Francisco, CA 94133, your continued use of the Services, including the acceptance of products and services offered on the Services following the posting of changes to this Arbitration Agreement constitutes your acceptance of any such changes.  Changes to this Arbitration Agreement do not provide you with a new opportunity to opt out of the Arbitration Agreement if you have previously agreed to a version of this Agreement and did not validly opt out of arbitration.  If you reject any change or update to this Arbitration Agreement, and you were bound by an existing agreement to arbitrate Disputes arising out of or relating in any way to your access to or use of the Services, any communications you receive, any products sold or distributed through the Services or this Agreement, the provisions of this Arbitration Agreement as of the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement) remain in full force and effect.  Betterleap will continue to honor any valid opt outs of the Arbitration Agreement that you made to a prior version of this Agreement.

11. GENERAL PROVISIONS.

11.1. Electronic Communications.  The communications between you and Betterleap may take place via electronic means, whether you visit the Services or send Betterleap emails, or whether Betterleap posts notices on the Services or communicates with you via email.  For contractual purposes, you: (i) consent to receive communications from Betterleap in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Betterleap electronically provides to you satisfy any legal requirement that such communications would satisfy if it were to be in writing.  The foregoing does not affect your statutory rights, including but not limited to the Electronic Signatures in Global and National Commerce Act at 15 U.S.C. §7001 et seq. (“E-Sign”).

11.2. Assignment.  The Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Betterleap’s prior written consent.  Betterleap may, without your consent, freely assign and transfer this Agreement, including any of its rights, obligations, or licenses granted under this Agreement.  Any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.

11.3. Force Majeure.  Betterleap shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes or shortages of transportation facilities, fuel, energy, labor or materials. 

11.4. Questions, Complaints, Claims.  If you have any questions, complaints or claims with respect to the Services, please contact us at: hello@betterleap.com.  We will do our best to address your concerns.  If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.

11.5. Consumer Complaints.  In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

11.6. Governing Law.  THIS AGREEMENT AND ANY ACTION RELATED THERETO WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF CALIFORNIA, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION.  THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS DOES NOT APPLY TO THE AGREEMENT.

11.7. Choice of Language.  It is the express wish of the parties that this Agreement and all related documents have been drawn up in English. 

11.8. Notice.  Where Betterleap requires that you provide an email address, you are responsible for providing Betterleap with a valid and current email address.  In the event that the email address you provide to Betterleap is not valid, or for any reason is not capable of delivering to you any notices required by this Agreement, Betterleap’s dispatch of the email containing such notice will nonetheless constitute effective notice.  You may give notice to Betterleap at the following address: hello@betterleap.com.  Such notice shall be deemed given when received by Betterleap by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.

11.9. Waiver.  Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.

11.10. Severability.  If any portion of this Agreement is held invalid or unenforceable, that portion must be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions must remain in full force and effect.

11.11. Export Control.  You may not use, export, import, or transfer the Services except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the Services, and any other applicable laws.  In particular, but without limitation, the Services may not be exported or re-exported (i) into any United States embargoed countries, or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the Services, you represent and warrant that (A) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (B) you are not listed on any U.S. Government list of prohibited or restricted parties.  You also will not use the Services for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons.  You acknowledge and agree that products, services or technology provided by Betterleap are subject to the export control laws and regulations of the United States.  You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer Betterleap products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.

11.12. Entire Agreement.  The Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.