This Bester website is part of a network of affiliated dating websites ("Affiliates") that cater to elite, and attractive singles. (the "Bester Network"). Although the Bester Member database is owned and maintained by Bester, most of the websites within the Bester Network are not owned or maintained by Bester. Affiliate websites are landing pages which provide a portal to the Bester website, which potentially increases the number of individuals with whom you may have a match. Affiliate websites within the Bester network have different domain names, but all link to the Bester website.
If you create or maintain a profile on the Bester website, and you share your profile or username with other Bester Members, you are agreeing that your profile may be displayed to such Members. Anyone who is a Bester Member, and who accesses the Bester website through an Affiliate landing page, can view your profile on the Bester website, unless you set your profile to invisible or restrict access to portions of your profile. Non-members cannot recognize your specific identity by accessing your profile, either on the Bester website or from an Affiliate landing page, unless you provide public information about yourself, which you have agreed you will not do. See, section 8.3 of this Agreement.
1. TERMS & CONDITIONS
1.2 You must be at least 18 years of age to register as a Member of Bester or to use the Bester website. Membership in the Service is void where prohibited.
1.3 If you wish to obtain a copy of this Agreement in non-electronic form, please contact Bester at the address listed on the Contact page.
2. MEMBER'S REGISTRATION INFORMATION
2.1 As a condition for using the Service, you agree to:
2.2 If any information provided by you is found to be untrue, inaccurate, non-current or incomplete, Bester has the right to terminate your account and refuse any and all current or future use of the Service.
3. PROFILE SHARING AND DISTRIBUTION
3.1 Affiliate websites are merely landing pages that direct or link persons to the Bester website. A person cannot view your profile or private photos from an Affiliate website. Whether a person comes to the Bester website from an Affiliate website or is already on the Bester website, that person would have to become a Bester Member to view or access your profile or private photos stored in the Bester database.
3.2 Bester may share information, including your personal information, with third parties (non-Members) that perform certain services on behalf of Bester and Bester including analytics, fraud prevention, customer service, member screenings, payment processing, and support of the Bester website functionality.
4. MEMBER INFORMATION & EMAIL
5.1 Bester considers non-public Member account information, including but not limited to information you provide during the registration process and e-mail communications transmitted by you through the Service, to be your private information. Bester will not disclose such information to any third parties without your consent. However, you acknowledge and agree that Bester may disclose your profile information if Bester determines that disclosure is reasonably necessary:
5. MODIFICATIONS TO SERVICE
6.1 Bester reserves the right to discontinue, temporarily or permanently, the Service with or without notice to you. In the event that Bester discontinues providing the Service to you for reasons other than your breach of this Agreement, Bester will refund any unused membership fees.
6.2 You agree that Bester shall not be liable to you or to any third party for any discontinuation of the Service other than as stated in section 6.1 above, and that Bester will not be liable to you or to any third party for any sum more than the membership fee for which you paid. If any third party makes a claim against Bester based upon services provided to you, you agree to hold Bester harmless and to indemnify Bester for any and all losses, expenses or liability except for losses, expenses or liability which were solely caused by Bester's willful misconduct.
6. MEMBER CONDUCT
7.2 You agree to abide by all applicable local, state, national, and international laws and regulations in your use of the Service, and agree not to attempt to gain unauthorized access to other computer systems or networks connected to the Bester Network or Service. You also agree not to interfere with the use and enjoyment of the Service by other Members.
7.3 You agree not to transmit on the Service any obscene, lewd, lascivious, filthy, excessively violent, harassing, unlawful, defamatory, harassing, libelous, privacy invading, sexually and/or racially offensive, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable offensive, vulgar, racist, harmful, illegal, or otherwise objectionable, offensive, vulgar, racist, harmful, or unfit for use on the Bester website, regardless of whether such material is constitutionally protected.
7.4 You agree not to transmit any material that violates the rights of another, including but not limited to the intellectual property rights of another.
7.5 You agree not to transmit "junk mail," "spam," "chain letters," or unsolicited mass distribution of email, or to use the Service for any commercial purpose.
7.6 You agree not to engage in advertising or solicitation of other Bester Members, including but not limited to advertising to buy or sell any products or services, solicitations of any kind, or use of the Bester website for any commercial purpose. You agree not to send any chain letters, junk email, or product solicitations through the Service. Use of the Service for advertising is strictly forbidden unless expressly approved by Bester.
7. USE OF SITE
8.1 You agree not to interfere or attempt to interfere with the operation of the Bester website, the Service and/or software used to operate the Bester website and the Service (the "Software") in any way through any means or device including but not limited to uploading computer viruses, hacking, spamming and/or time bombs, or by means prohibited by any provisions of these terms and conditions.
8.2 You and/or any Member may not at any time attempt to use or act upon any software, robot, bot, spider and/or any other means of entering the Bester website and/or the Service. You may not post any type of service or URL for any reason.
8.3 You agree not to include in your public profile any telephone numbers, street addresses, last names, URLs, email addresses, anatomical or sexual references or sexually suggestive language. You also agree not to post any photos containing nudity or otherwise vulgar or offensive material in any areas on the Bester website or the Service, which are accessible to the public or to Bester's Members.
8.4 Bester reserves the right, but has no obligation, to reject or remove any content, profile or photo that does not comply with the letter or spirit of this Agreement.
8.5 Your membership in the Service is solely for your personal use. You may not authorize others to use your membership and you may not assign or otherwise transfer your membership or account to any other person or entity. You are responsible for protecting the privacy of your username and password and logging out of the Bester website if your computer is accessible to others to prevent unauthorized access to the Bester website and to your profile.
8. NO RESALE OR TRANSFER OF THE SERVICE
9.1 You agree not to sell, convey or transfer any rights, use of, or access to the Service.
9. PAYMENT TERMS
10.1 For purposes of your use of the Service, you agree to provide Bester with true, accurate and complete information as required by the subscription process ("Subscription Data"), including your legal name, address, phone number, email address and other billing information (e.g., credit card number and expiration date), and to allow Bester to share your Subscription Data with third parties for the sole purpose of verifying the information you provide and billing your credit card or otherwise charging your account.
10.2 Payment for the Service may be made by credit card, PayPal, or other means authorized by Bester.
10.3 Bester's monthly service charges are subject to change with notice posted on the Bester website which you must accept or reject by checking the applicable box, which will be available after the changes are announced on the Bester website. You agree that you are solely responsible for checking the Bester website from time to time to determine if the monthly service charges have changed. If you reject or do not accept those changes before the increased charges are due, Bester will terminate your membership.
10.4 You agree promptly to inform Bester of any and all apparent breaches of security, such as loss, theft, or unauthorized disclosure or use of your username or password. Until a Member notifies Bester by e-mail of a breach in security, the Member will remain liable for any unauthorized use of the Service.
10.5 If you initiate a chargeback or otherwise reverse a membership payment, Bester may in its sole discretion terminate your membership immediately. Bester also reserves the right to dispute any chargebacks and reversals.
11.2 You acknowledge and agree that any suspected fraudulent, abusive or illegal activity (see section 7 above) may be grounds for termination of your membership and Bester may refer such grounds to law enforcement authorities.
11.4 If you relocate your primary residence and can no longer access the Service, you may elect to terminate the Service by sending an email to [email protected]
11.5 Your membership under this Agreement shall be available for an unspecified term on an at-will basis. If Bester terminates your membership, you will not be entitled to any refund of unused subscription fees, except as provided in Section 6.1 above. Even after your membership has terminated, this Agreement will remain in effect. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.
11. DEALINGS WITH ADVERTISERS, VENDORS & OTHERS
12.1 You acknowledge and agree that any and all links from Bester and/or links from any and all other websites owned and/or operated by Bester do not constitute an endorsement from Bester or any of its partners, Affiliates, and/or other sites or services of those links. Bester provides these links solely for information, and each Member is responsible to evaluate the content and usefulness of any information from these links.
12.2 Because Bester may have no control over other websites and information, you acknowledge and agree that Bester is not responsible for the availability or content of such other websites or resources.
12.3 You agree not to hold Bester liable for any loss or damage of any sort incurred as the result of the presence, availability or non-availability of the advertisers, Affiliates, vendors or others available on or through the Service, or as the result of your dealings with others, including but not limited to attendance at events advertised or purchase or use of goods or services offered on or through the Bester website.
12.4 You are solely responsible for your interaction with other Members of the Bester website and the Bester Network whether online or offline. Bester is not responsible or liable for the conduct of any user or Member, and, if you become a Member by checking the box below, you agree that any claims you may assert against Bester will be resolved pursuant to the terms of this Agreement and that Bester's liability for any losses or other damages you claim will be limited to refunding your membership fees and no more. Bester reserves the right, but has no obligation to monitor or become involved in disputes between you and other users or Members. Please exercise common sense and prudent judgment in your interactions with others in all of your online and offline activities.
12. PROPRIETARY RIGHTS
13.1 You acknowledge and agree that content, including but not limited to text, software, music, sound, photographs, graphics, video, or other material contained in sponsor advertisements or information presented to you by Bester, its partners or advertisers, is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. You acknowledge and agree that you are permitted to download and print this material and information for your personal, non-commercial use or as expressly authorized by Bester, its Affiliates or advertisers, and you may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization. You agree to abide by any and all restrictions, rights, and/or copyright notices displayed on the Bester website.
13.2 To the fullest extent permitted by law and this Agreement, you acknowledge and agree that any material you send to Bester or Bester, by email or otherwise, including any suggestions and comments that you post on Bester, the Bester website, the Service and/or in any areas on the Service that are accessible to the public or Bester's membership, will be treated as non- confidential and non-proprietary and that Bester may use such material, in whole or in part, in any medium for any purpose, including but not limited to the reproduction, disclosure, transmission, publication, broadcast and posting of such material in advertising and promotions. You further agree that Bester will not owe you a commission, fee, or any sum in return for its use of said non- confidential and non-proprietary information.
13. WARRANTIES & REPRESENTATIONS
By posting or transmitting any file, data, photograph, or other content or communication to Bester, Bester, or on the Service, you represent and warrant as follows:
14.1 That the public posting and use of the file, message, data, photograph, or other content or communication by Bester and any Members of Bester will not infringe or violate the rights of any other party, including but not limited to any intellectual property rights.
14.2 That, prior to transmitting to Bester or Bester or posting or reproducing on the Service any file, message, data, photograph, or other content or communication in which another party has any proprietary interest, including but not limited to any intellectual property rights, you have obtained all required and necessary consent from that party or parties.
14.3 That you are using the Service in accordance with any and all applicable laws and regulations and this Agreement, including but not limited to your use in posting, transmitting or reproducing any file, message, data, photograph or other content or communication.
14.4 That you have never been convicted of a felony.
14.5 That you are not required to register as a sex offender with any government agency.
14. DISCLAIMER OF WARRANTIES
15.1 The Service and the materials available on or through the Service and the Bester Network are provided "as is," "as available," and without warranties or conditions of any kind, either express or implied.
15.2 To the fullest extent permissible at law, Bester disclaims all warranties and conditions, express or implied, including, but not limited to, implied warranties and conditions of merchantability, merchant quality, correspondence to description and fitness for a particular purpose.
15.3 Bester does not represent or warrant that the Service will be uninterrupted or error-free, that defects will be corrected, or that the Bester website or the servers that make it available are free of viruses or other harmful components. Bester does not represent or warrant that the materials or the results of the use of the materials available through the Service or from third parties will be correct, accurate, timely, reliable or error free.
15.4 Bester does not represent or warrant that your Personal Information and Financial Information will not be disclosed to third parties in the case of an unauthorized data breach. Bester does not represent or warrant that third parties will not use your Personal Information and Financial Information in an unauthorized manner in the case of an unauthorized data breach.
15.5 Bester does not conduct criminal background checks on its users or Members. Bester reserves the right, but does not assume the duty, to conduct any background checks of its Members or users at any time using any available public records.
15.6 Bester is not responsible for any of the information provided to Bester or Bester during the age, education, photo, occupation, income or any other verification process. In issuing any certification as to a Member's "verified" or "certified" status, you agree and accept that Bester has not done any due diligence on the materials or information provided, but has simply relied on the information submitted by the Member or user, which may or may not be accurate or truthful. The term "verified" or "certified" is not to be in anyway construed as a guarantee of any information provided by the Member to you or by the Member or user to Bester.
15. LIMITATION OF LIABILITY
16.1 To the fullest extent permissible under applicable law, Bester and its Affiliates shall not be liable under any circumstances, including but not limited to negligence, for any direct, indirect, incidental, punitive, special, consequential or exemplary damages including but not limited to lost profits that result from:
16.2 You specifically agree that Bester and its Affiliates are not responsible or liable for any information on the Bester website which is obscene, lewd, lascivious, filthy, excessively violent, harassing, unlawful, defamatory, harassing, libelous, privacy invading, sexually and/or racially offensive, abusive, threatening, harmful, vulgar, obscene, illegal or otherwise objectionable offensive, vulgar, racist, harmful, or otherwise unfit for use on the Bester website or conduct of any other party or any infringement of another's rights, including intellectual property rights.
16.3 In no event, except in jurisdictions where such provisions are restricted, shall Bester and its parents, subsidiaries, Affiliates, owners, officers, directors, agents, principals, and employees be liable to you or to any third party for any exemplary, incidental, indirect, consequential, special or punitive damages, including any and/or lost profits arising from your use of the Bester website, the Service, any and all other sites, any and all services, advertising, banners, and/or any part of the Bester website and/or any service or services offered, even if Bester has been advised of the possibility of such damages. In the event of a claim by you against Bester or its parents, subsidiaries, Affiliates, owners, officers, directors, agents, principals, and employees, any and all damages, expenses, losses, costs or liability shall be limited to a refund of your membership fees.
16.4 You agree that Bester and its Affiliates shall never in any way be liable to you for more than the amount you paid for your membership fees and that, for any claim for breach of this Agreement or any other claim you may have with regard to the Bester website or Service, your sole and only form of compensation shall be a refund of your membership fees.
16.5 In no event shall Bester or its Affiliates be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Service, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other registered users or Members of this Service or persons you meet through this Service. You agree to take reasonable precautions in all interactions with other Members, particularly if you decide to meet offline or in person. You understand and agree that Bester and its Affiliates make no representations, guarantees, either express or implied, regarding your ultimate compatibility with individuals you meet through the Service. You should never provide your personal financial information (for example, your credit card or bank account information, SSN, etc.) to any other Member.
16.6 You acknowledge and agree that no website is 100% safe from intrusion by unauthorized hackers or other persons seeking to obtain the personal and financial information of users of that website, and the Bester website is no different. The Bester website and mobile application have security measures in place to protect against the loss, misuse and alteration of the information under Bester’s control. Bester utilizes secure server software (SSL) to provide secure commerce transactions for our members. Bester encrypts all of your Personal Information and Financial Information as it travels over the Internet, and Bester stores your Financial Information on its servers in encrypted form. Although Bester and Bester strive to maintain necessary safeguards to protect your Personal Information, Financial Information and other data, you acknowledge and agree that they cannot ensure the absolute security or privacy of such information in the case of a breach of those safeguards by a third party. Your information may be transferred to and maintained on computer networks which may be located outside of the state, province, country or other governmental jurisdiction in which you reside, and the country or jurisdiction in which these computer networks are located may not have laws which are as protective of your privacy as the laws in your country or jurisdiction. As a result, neither Bester nor Bester can provide you with a guaranty or absolute assurance that your information will not be compromised. By accessing and providing information through the Bester, Bester, and affiliated websites, you understand and agree that you have decided to accept the risks of doing so.
17.1 You agree to indemnify and hold harmless Bester and its parents, subsidiaries, Affiliates, owners, officers, directors, agents, principals, and employees, from any loss, liability, claim, demand, or damage, asserted by any third party due to or arising from the content you transmit to or through the Service, as well as your conduct on or arising from your use of the Service, including but not limited to your use of the Service in violation of this Agreement.
19. PROFILE DISCLAIMER
20. OTHER DISCLAIMERS
22.1 Bester assumes no responsibility for any interruption, technical malfunctions, error, defect, deletion, omission, communications line failure, delay in operation or transmission, unauthorized access to, theft or destruction, or alteration of, Members and/or users and/or standard Member communications. This includes personal injury or damage to users, Members, standard Member, or anyone else or to any person's computer related to or resulting from participating or downloading materials in connection with Bester and each of its services, its parents, subsidiaries, Affiliates, officers and employees.
22.2 Bester cannot guarantee and does not promise any specific results from use of the Service and/or the Bester website.
21. DISPUTE RESOLUTION/WAIVER OF REPRESENTATIVE ACTION
23.1 By checking the box below and entering into this Agreement, you agree that, if any dispute arises out of or in any way related to this Agreement and/or your use of the Bester website and/or the Bester Network, any and all such disputes shall be resolved by submission to binding arbitration in San Francisco, California before a retired judge or justice with JAMS pursuant to JAMS Comprehensive Arbitration Rules and Procedures in effect at the time of any such dispute. You and Bester agree that the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Agreement, including, but not limited to, any claim that all or any part of this Agreement is void or voidable. If the parties are unable to agree on a JAMS retired judge or justice within fifteen (15) calendar days of a demand for arbitration filed with JAMS by either of us, JAMS will follow the procedure in its Comprehensive Arbitration Rules and Procedures to name a retired judge or justice who will act as the sole arbitrator. Any decision of the arbitrator may be confirmed by a court of competent jurisdiction and the ensuing judgment may thereafter be enforced in the same manner as a judgment in a civil action. The ensuing judgment may also be appealed pursuant to applicable federal law. You acknowledge and agree that this Agreement involves interstate commerce and that this arbitration provision is governed by the Federal Arbitration Act.
23.2 Except as otherwise required under applicable law, (1) you and Bester expressly intend and agree that neither will assert any class actions or representative actions, nor will such actions or procedures apply in any arbitration pursuant to this Agreement; (2) you and Bester agree that neither will assert class action or representative action claims against the other in arbitration or in any other proceeding or action; and (3) each of you and Bester shall only submit your own, individual claims in arbitration and will not seek to represent the interests of any other person.
23.3 You are entitled to seek the advice of your own legal counsel before entering into this Agreement as well as at any time after you enter into this Agreement. If you enter into this Agreement by checking the box below, Bester will assume that you have either consulted with your own legal counsel or decided that you do not need to do so before entering into this Agreement.
23. AUTOMATIC RENEWAL OF YOUR MEMBERSHIP
25.1 IN ORDER TO PROVIDE CONTINUOUS SERVICE, Bester AUTOMATICALLY RENEWS YOUR 1-MONTH MEMBERSHIP PACKAGE ON THE DATE SUCH SUBSCRIPTION EXPIRES. 3-MONTH AND 6-MONTH MEMBERSHIP PACKAGES ARE NOT AUTOMATICALLY RENEWED.
25.2 BY CHECKING THE BOX BELOW AND ENTERING INTO THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOUR 1-MONTH SUBSCRIPTION WILL AUTOMATICALLY RENEW UNTIL YOU CANCEL IT, AND YOUR ACCOUNT WILL BE SUBJECT TO THIS AGREEMENT. BECAUSE YOU DECIDE ON A MONTHLY BASIS WHETHER TO CANCEL YOUR MEMBERSHIP OR AUTOMATICALLY RENEW IT, YOU ARE ONLY OBLIGATED TO MAKE PAYMENTS ON A MONTHLY BASIS.
25.3 THE MONTHLY CHARGES TO YOUR ACCOUNT AS PART OF THE AUTOMATIC RENEWAL PROCESS WILL BE THE SAME AS THE INITIAL MONTHLY CHARGE TO YOUR ACCOUNT. HOWEVER, THE AMOUNT OF THE MONTHLY CHARGE MAY CHANGE. YOU WILL BE MADE AWARE OF THAT CHANGE BY A NOTICE POSTED ON THE Bester WEBSITE WHICH WILL REQUIRE YOUR AGREEMENT TO THAT CHANGE BY CHECKING A BOX ON THE NOTICE TO CONTINUE YOUR MEMBERSHIP. IF YOU DO NOT AGREE TO THAT CHANGE. YOU MAY TERMINATE YOUR MEMBERSHIP BY SENDING AN EMAIL TO [email protected] IF YOU DO NOT CHECK A BOX ON THE NOTICE ACCEPTING THAT CHANGE, Bester WILL TERMINATE YOUR MEMBERSHIP.
25.4 AT ANY TIME DURING YOUR MEMBERSHIP WITH Bester, IF YOU DO NOT WISH TO HAVE YOUR MEMBERSHIP AUTOMATICALLY RENEWED, PLEASE SEND AN E-MAIL TO [email protected] SO ADVISING, AND Bester WILL CANCEL THE AUTOMATIC RENEWAL FEATURE AND TERMINATE YOUR MEMBERSHIP. IN THE EVENT THAT RENEWAL OF YOUR MEMBERSHIP IS CONTROLLED BY A THIRD PARTY, SUCH AS AN APP STORE, Bester WILL PROVIDE YOU WITH DIRECTIONS ON HOW TO CANCEL THE AUTOMATIC RENEWAL FEATURE. PLEASE BE ADVISED THAT CANCELLATION UNDER THOSE CIRCUMSTANCES IS A MATTER OF YOUR AGREEMENT WITH THAT THIRD PARTY, OVER WHICH Bester HAS NO CONTROL.
25.5 IF BY REASON OF DEATH OR DISABILITY YOU ARE UNABLE TO RECEIVE THE SERVICE PURSUANT TO THIS AGREEMENT, YOU OR YOUR ESTATE MAY ELECT TO BE RELIEVED OF THE OBLIGATION TO MAKE PAYMENTS FOR SERVICES OTHER THAN THOSE RECEIVED BEFORE DEATH OR THE ONSET OF DISABILITY. HOWEVER, IF A PHYSICIAN DETERMINES THAT THE DURATION OF YOUR DISABILITY WILL BE LESS THAN SIX MONTHS, Bester MAY EXTEND THE TERM OF THIS CONTRACT FOR A PERIOD OF SIX MONTHS AT NO ADDITIONAL CHARGE TO YOU IN LIEU OF CANCELLATION.
24. MEMBER'S RIGHT TO CANCEL CONTRACT
26.1 YOU MAY CANCEL THIS AGREEMENT WITHOUT ANY PENALTY OR OBLIGATION AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY FOLLOWING THE DATE YOU SIGNED THIS AGREEMENT ELECTRONICALLY, EXCLUDING SUNDAYS AND HOLIDAYS. TO CANCEL THIS AGREEMENT DURING THAT THREE-DAY PERIOD, EMAIL A SIGNED AND DATED NOTICE WHICH STATES THAT YOU ARE CANCELING THIS AGREEMENT, OR WORDS OF SIMILAR EFFECT. THIS NOTICE SHALL BE SENT TO: mm.COM AT [email protected]
25. MEMBER’S AGREEMENT