better place

PLEASE READ THESE BETTER PLACE TERMS OF USE (“TERMS”) CAREFULLY BEFORE USING THIS WEB SITE, INCLUDING THE PLANET BETTER PLACE COMMUNITY PAGE (COLLECTIVELY, “WEBSITE”). BETTER PLC, LLC, BETTER PLACE, INC. AND THEIR AFFILIATES (COLLECTIVELY, “BETTER PLACE”) PROVIDE THIS WEBSITE TO YOU, YOUR EMPLOYEES, AGENTS AND CONTRACTORS, AND ANY OTHER ENTITY ON WHOSE BEHALF YOU ACCEPT THESE TERMS (COLLECTIVELY, “YOU”), SUBJECT TO THESE TERMS. BY POSTING ANYTHING TO OR OTHERWISE ACCESSING THE WEBSITE OR BECOMING A COMMUNITY MEMBER, YOU INDICATE YOUR ACKNOWLEDGEMENT AND ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THESE TERMS, DO NOT USE THIS WEBSITE IN ANY MANNER AND DO NOT BECOME A COMMUNITY MEMBER OR CONTINUE YOUR MEMBERSHIP.

These Terms set forth the terms and conditions governing your use of the Website and your use of Better Place’s systems and services, and is in addition to any executed agreements you may have with Better Place. These Terms incorporate by reference the terms of Better Place’s Privacy Policy, Trademark Usage Guidelines and Copyright Infringement Notice Policy. If you are using the Website on behalf of your employer, you represent and warrant that you are authorized to accept these Terms on your employer’s behalf, and that your employer agrees to indemnify you and Better Place for violations of these Terms. You may also be subject to additional terms and conditions that may apply when you use other Better Place services, third-party content or third-party software. For example, the PLANET BETTER PLACE community page is supported by Ning, Inc., and community members must agree to the Ning Terms of Service posted on that page, along with these Terms.

These Terms may be changed by Better Place at any time with or without notice. Better Place will post any changes to these Terms on this page so that you are always aware of the current Terms. Your continued use of the Website means that you have accepted the updated version.

1. CONDUCT AS A USER

Unless otherwise expressly provided in these Terms or elsewhere on this Website, the content and services on this Website are for your personal, informational, and non-commercial use, and you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any such content or services without written permission from Better Place.

As a user on Better Place’s Website, you will represent yourself accurately and truthfully at all times. You grant Better Place the right to independently verify any information that you post on our Website about yourself, although Better Place does not routinely undertake any verification. Better Place reserves the right to constitute classes of users of the Website, granting access to certain areas of the Website only to certain users.

For services on the Website that require you to open an account, you must complete the registration process by providing true, current, complete and accurate information as prompted by the applicable registration form, and you will maintain and promptly update such information to keep it true, current, complete and accurate. You may also choose a password and a user name. You are responsible for maintaining the confidentiality of any password(s) you are given to access any part of the Website, and you are fully responsible for all activities that occur under your password(s). You agree to notify Better Place immediately of any unauthorized use of your password(s). Better Place will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Better Place or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.

You agree not to upload, post or otherwise transmit via the Website any information that: (a) includes unauthorized disclosure of personal information; (b) is inaccurate, harmful, obscene, pornographic, defamatory, racist, violent, offensive, harassing, or otherwise objectionable to Better Place or other users of the Website; (c) is hateful or is discriminatory based on race, color, sex, religion, nationality, ethinic or national origin, marital status, disability, sexual orientation or age; or (d) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. In addition, you agreed not to harvest any email addresses from the Website for the purposes of sending email in violation of the law or these Terms.

2. YOUR INFORMATION AND POSTINGS

“Your Information” includes any information you provide to us, including, without limitation, any information you provide during registration, in any public message area, chat rooms, blogs, or public forum, or through any email feature.

You are solely responsible for Your Information. We have no obligation to monitor the Website. We may, however, take any action we deem necessary and appropriate in our sole discretion if we believe Your Information creates a risk of liability to Better Place. Better Place may, at its sole discretion, remove or disable access to material on the Website that infringes on the rights of third parties or is otherwise harmful to Better Place. Better Place may also, at its sole discretion, terminate your access to the Website at any time for any or no reason, with or without notice.

Subject to the Better Place Privacy Policy, by posting Your Information on or through the Website you automatically grant Better Place a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, transmit, translate, distribute, perform and display Your Information alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights to others. You acknowledge that no compensation will be paid with respect to the use of Your Information. You agree to, and represent and warrant that you have proper authorization for, the worldwide transfer and processing among Better Place, its affiliates and third-party providers of any of Your Information that you may provide on the Website. If you become a member of the Website community page, you acknowledge that your activities through that page are subject to the Ning Terms of Service and the Ning Privacy Policy, as well as these Terms and the Better PlacePrivacy Policy.

By placing any content on the Website that contains images, photographs, graphics or pictures ("Images"), you represent and warrant that: (a) you are the copyright owner of such Images, or that the copyright owner of such Images has granted you permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of your use and as otherwise permitted by these Terms and the Website; (b) you have the rights necessary to grant the licenses and sublicenses described in these Terms; and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these Terms, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images.

Better Place reserves the right at all times to disclose any information as Better Place deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Better Place’s sole discretion.

Your interactions with other members are solely between you and the other member. If there is a dispute between you and another member, Better Place is under no obligation to become involved. Better Place reserves, however, the right to terminate the interaction or any membership or access to any Services.

3. INFRINGEMENT OF RIGHTS PROHIBITED

You agree not to upload, post or otherwise transmit via the Website any information that violates or infringes anyone’s intellectual property or other rights, including but not limited to copyrights, patents, trademarks and rights of publicity. Better Place reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content (defined in paragraph 4). You agree that you are solely responsible for (and that Better Place has no responsibility to you or to any third party for) any Content that you create, transmit or display while using this Website and for the consequences of your actions by doing so.

Better Place will investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA") and pursuant to the Better Place Copyright Infringement Notice Policy. Better Place reserves the right to remove or disable access to any material posted to the Website. It is Better Place’s policy, in appropriate circumstances, to terminate accounts or personal pages of repeat infringers.

4. CONTENT OWNERSHIP

Content (defined below) used and displayed on the Website or available through Better Place’s services is the property of Better Place, its licensors or other third parties who own the Content, and is protected by United States and international copyright, trademark, and other laws, unless in the public domain or otherwise made freely available by its owner. “Content” means any information, data files, text, music, audio files, photographs, videos, other modes of expression, or other materials or services provided by Better Place on the Website including, without limitation, message boards, software, writings, graphics, and any and all other features found on the Website. In addition to Better Place’s and its licensor’s or other third parties’ rights in individual elements of the Content within the Website, Better Place owns a copyright in the selection, coordination, arrangement and enhancement of such Content.

Except as expressly authorized in writing by Better Place or by Content providers, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the Content of others, in whole or in part, by any means. You must not modify, decompile, or reverse engineer any software Better Place discloses to you, and you must not remove or modify any copyright or trademark notice, or other notice of ownership.

Unless Better Place has entered into a separate written agreement with you that explicitly states to the contrary, you agree that any information, feedback, questions, comments or the like that you provide to Better Place in connection with this Website or Better Place’s business (“Submissions”) will be deemed to be provided to Better Place on a non-confidential and non-proprietary basis and will become and remain the property of Better Place. Better Place shall have no obligations of any kind with respect to any Submissions and shall be free to reproduce, use, disclose and/or distribute any Submissions for any purpose whatsoever, without limitation. You also agree that Better Place shall be free to use any ideas, concepts or techniques embodied in the Submissions for any purpose whatsoever, including, without limitation, developing, manufacturing, and marketing products or services incorporating such ideas, concepts, or techniques. No compensation will be paid with respect to the use of your Submissions.

5. TRADEMARKS

Better Place’s trademarks, service marks and trade dress (collectively, “Trademarks”) are valuable intellectual property assets, and they should only be used pursuant to Better Place’s Trademark Usage Guidelines and only after you have reviewed the Guidelines. As stated in the Guidelines, your use may require advance written approval from Better Place. Nothing in these Terms gives you a right to use any Better Place Trademarks and you agree that you (i) will not use any Trademarks alone, or in combination with other marks, terms or designs, in any manner that is likely to cause confusion, and (ii) will not acquire or use any domain names that incorporate any Better Place Trademarks.

Better Place Trademarks include, but are not limited to: BETTER PLACE, the company logo, PLANET BETTER PLACE, and PROJECT BETTER PLACE, as well as other graphics, designs, icons and logos used by Better Place.

6. INDEMNIFICATION

You agree to indemnify, defend and hold Better Place, and its subsidiaries, affiliates, officers, managers, members, agents, co-branders, partners, licensors, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party relating to or arising out of Your Information or Submissions you provide, your use of the Website, including any use by your employees, your connection to the Website, your violation of the Terms, or your violation of any rights of another.

7. DOCUMENTS AVAILABLE ON THE WEBSITE

Better Place grants you permission to use documents (such as FAQs, white papers, datasheets, articles, and press releases) that it owns and makes available on the Website (collectively, “Documents”), provided that: (a) you will not modify the Documents; (b) your use of the Documents is for informational, personal, and non-commercial purposes only and Documents will not be posted on any network computer or broadcast in any media; (c) you will retain copyright notices and other proprietary notices on every copy you make; and (d) you agree that Better Place may revoke this permission at any time and you shall immediately stop your activities related to this permission upon notice from Better Place. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

THE DOCUMENTS ARE PROVIDED “AS IS” FOR INFORMATIONAL PURPOSES ONLY. BETTER PLACE MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE DOCUMENTS, AND EXPRESSLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Better Place may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering the contents of the Documents, and Better Place and its licensors retain all right, title, and interest in and to such intellectual property rights. Except as expressly provided above or in a written agreement between you and Better Place, the furnishing of the Documents does not grant you any license, express or implied, to any such patents, patent applications, trademarks, copyrights, or other intellectual property of Better Place.

The permission above to use Documents does not include permission to copy the design elements, the look and feel, or the layout of this Website. Those elements of the Website are protected by law, such as trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part unless expressly permitted by Better Place in writing. No logo, graphic, sound or image from the Website may be copied or retransmitted unless expressly permitted by Better Place in writing.

8. MESSAGE BOARD, BLOGS AND OTHER POSTINGS

This Website makes message boards, blogs, forums, personalized pages, chat rooms and other features available to its users and individuals who sign up as members on its community page. Please remember that any information, photos or videos that are disclosed in public areas on the Website become public information and you should exercise caution when deciding to disclose your personal information or images. You may use an alias when posting personal information on the message boards.

Better Place does not claim ownership of anything that you post on or make available to others through the Website. You hereby grant to Better Place a non-exclusive, worldwide, perpetual, transferable, irrevocable, sublicenseable, royalty-free right and license to access, use, reproduce, store, modify, distribute, publicly display, publicly perform and create derivative works of anything that you post on or make available to others through the Website, for operating the Website and continuing to make it available to the public, in whole or in part, and also for internal business purposes. You understand that anything that you post on or make available to others through the Website may remain on the Website, in whole or in part, even after your membership terminates.

BETTER PLACE WILL TREAT ANY POSTINGS, FEEDBACK, EMAILS OR SUGGESTIONS YOU PROVIDE TO US AS NON-CONFIDENTIAL AND NON-PROPRIETARY. IF YOU CHOOSE TO USE YOUR REAL NAME, YOUR NAME WILL BE AVAILABLE TO AND VIEWABLE BY ANYONE USING THE WORLD WIDE WEB AND/OR USING A SEARCH ENGINE. YOU ARE NOT REQUIRED TO USE YOUR REAL NAME AND THE DECISION TO DO SO IS MADE AT YOUR SOLE DISCRETION.

9. Privacy Policy

Better Place will only use and disclose Your Information in accordance with its then current Privacy Policy, available on this Website, which is incorporated herein by reference. Information obtained from members of the Website’s community page is also subject to the Ning Privacy Policy.

10. HYPERLINKING

This Website may provide links to other sites by allowing the user to leave this site to access third-party material or by bringing the third-party material into this site via “inverse” hyperlinks and framing technology (each a “Linked Site”). Better Place has no discretion to alter, update, or control the content on a Linked Site. The fact that Better Place has provided a link to a site is not an endorsement, authorization, sponsorship, or affiliation with respect to such site, its owners, or its providers. There are inherent risks in using, retrieving, or relying upon any information found on the internet, and Better Place urges you to make sure you understand these risks before using, retrieving, or relying upon any such information from a Linked Site.

You acknowledge and agree that Better Place is not responsible for the availability of such Linked Sites, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such Linked Sites. Better Place will not be responsible or liable, directly or indirectly, for any actual or alleged damage or loss caused by or in connection with use of or reliance on any such content, goods or services available on or through any such Linked Site.

11. NO WARRANTIES

ALL CONTENT, PRODUCTS, AND SERVICES ON THE WEBSITE, OR OBTAINED FROM A LINKED SITE ARE PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, SECURITY, OR ACCURACY.

BETTER PLACE DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR (A) THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE THROUGH THE WEBSITE BY ANY PARTY, (B) ANY CONTENT PROVIDED ON LINKED SITES, OR (C) THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE.

BETTER PLACE DOES NOT WARRANT OR REPRESENT THAT THE CONTENT ON THE WEBSITE IS COMPLETE OR UP-TO-DATE AND IS UNDER NO OBLIGATION TO UPDATE ANY CONTENT ON THE WEBSITE. BETTER PLC MAY CHANGE THE CONTENT OF THE WEBSITE AT ANY TIME WITHOUT NOTICE.

OTHER THAN AS REQUIRED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCE WILL BETTER PLACE BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER’S RELIANCE ON INFORMATION, PRODUCT OR SERVICE OBTAINED THROUGH THE WEBSITE OR A LINKED SITE. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY OPINION, ADVICE, OR OTHER CONTENT AVAILABLE THROUGH THE SITE, OR OBTAINED FROM A LINKED SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT.

12. LIMITATION OF LIABILITY

THE INFORMATION, SOFTWARE, PRODUCTS, AND DESCRIPTIONS PUBLISHED ON THE WEBSITE OR A LINKED SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS, AND BETTER PLACE SPECIFICALLY DISCLAIMS ANY LIABILITY FOR SUCH INACCURACIES OR ERRORS.

YOU AGREE THAT BETTER PLACE, ITS AFFILIATES AND ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS WILL NOT BE LIABLE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE FOR ANY INDIRECT, PUNITIVE, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST WAGES, OR LOST OPPORTUNITY) ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE OR A LINKED SITE, OR WITH THE DELAY OR INABILITY TO USE THE WEBSITE OR A LINKED SITE, EVEN IF BETTER PLC IS MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS SHALL ONLY APPLY TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW.

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, BETTER PLACE’S AGGREGATE LIABILITY, AND THE AGGREGATE LIABILITY OF ITS LICENSORS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO $100.

13. TERMINATION AND DELETION OF MATERIALS AND INFORMATION

Better Place reserves the right to terminate your access to the Website for any reason or for no reason and at any time, without notice. Better Place further reserves the right to delete, destroy and deny access to any messages, information or materials of any kind that you have posted to the Website, including to any blog postings and any page established under the “my page” feature of this Website, for any reason or for no reason and at any time, without notice.

14. APPLICABLE LAW

This Website is controlled by Better Place from its offices within the State of California, USA. The laws applicable to the interpretation of these Terms shall be the laws of the State of California, USA, and applicable federal law, without regard to any conflict of law provisions.

Better Place makes no representation that the content in this Website is appropriate for access outside of the United States. Those who choose to access this Website from outside the United States do so on their own initiative and are responsible for compliance with local laws. You agree to submission of any dispute to the state and federal courts of the State of California and County of Santa Clara, USA.

15. GENERAL TERMS

These Terms, the Privacy Policy and any other terms, guidelines or policies referenced in these Terms constitute the entire agreement between you and Better Place with respect to your access and use of this Website and Better Place’s services and supersede all prior or contemporaneous agreements (whether oral, written or electronic) between you and Better Place with respect to this Website or Better Place’s services.

No modification to the Terms by you will be binding on Better Place unless in writing and signed by an authorized Better Place representative. You must not assign or otherwise transfer the Terms or any right granted hereunder.

If any of the provisions of these Terms are determined to be invalid or unenforceable, then each invalid or enforceable provision will be construed in a manner consistent with applicable laws to reflect, as nearly as possible, the original intentions of the parties, and the remaining provisions shall remain in full force and effect.

Any express waiver or failure to exercise promptly any right under the Terms will not create a continuing waiver or any expectation of non-enforcement.

You agree that any material breach of Sections 1, 2, 4, and 5 of the Terms will result in irreparable harm to Better Place for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, Better Place will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if Better Place seeks such an injunction.

Rights and obligations under the Terms which by their nature should survive will remain in full effect after termination or expiration of the Terms.

You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Website and Better Place’s services.

Better Place’s performance of this agreement is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of Better Place’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the services or information provided to or gathered by Better Place with respect to such use. A printed version of these Terms and of any notices given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Effective Date: March 19, 2009 Previous Modification: July 23, 2008