Rebit Terms

Betsol Terms of Service and Software End User Agreement

IMPORTANT:

These Terms of Service and Software End User Agreement (this “Agreement”) constitute a binding agreement between Betsol, LLC (“Betsol”, “Company”, “we”, or “us”) and You, an individual, or, if You represent an entity or other organization, that entity or organization (in either case, “You” or “Your”). This Agreement governs Your use of the Company’s products and services, websites, including www.rebitgo.com (collectively, the “Website”), tools and Rebit software products including the Online Backup Feature, as defined below (collectively, the “Software”), and any data, information, and content that we make available (together with the Website and Software, the “Services”).  The Services are subject to change from time to time at the Company’s sole discretion.

Please read this Agreement carefully before using the Services. Betsol is willing to license the Software to You on that condition that You accept all of the terms of this Agreement. By accessing the Website, creating a Rebit Account (defined below), downloading the Software, clicking “I agree” or “yes” or otherwise indicating Your assent electronically, 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 company, (3) You have the authority to enter into the Agreement personally or on behalf of the entity or organization You have named as the user, and to bind that entity or organization to the Agreement, and (4) You agree to the terms and conditions in our Privacy Policy. This Agreement is entered into as of the earlier of the date You first access or use the Services (the “Effective Date”) and will continue until terminated as set forth herein (the “Term”). If You do not agree to be bound by this Agreement, You may not use or access the Services.

1. License
   1. 1. General. Subject to the terms and conditions of this Agreement, Company hereby grants to You, during the Term, a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Services for Your personal or internal business purposes in accordance with the terms and conditions of this Agreement (the “Permitted Purpose”). Company and its licensors reserve all rights in and to the Services not expressly granted to You under this Agreement. You are solely responsible for obtaining and maintaining all equipment, facilities, and connectivity required to access or use the Services, in each case as necessary to meet Your operational and business requirements based on Your particular circumstances.
      2. Software Feature and Content Updates. The Software, including all accompanying features, services, and user manuals and documentation (“Documentation”) is licensed, not sold, under the terms of this Agreement and Betsol reserves all other rights in the Software not expressly granted to You. Betsol and its licensors own the Software and all intellectual property rights in the Software. You shall have the right to receive new features to the Software as Betsol, in its sole discretion, makes such features available with the Software. Betsol may, at its discretion and without notice, add, modify or remove features from the Software at any time. The terms of this Agreement will govern any software upgrades, updates, or bug fixes provided by Betsol that replace or supplement the Software, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
      3. Single Use License. If You purchased a single use license, then subject to the terms and conditions of this Agreement, Betsol grants to You a personal, limited, non-exclusive, non-transferable license to install, use and run one copy of the Software on no more than one computer, workstation, laptop, or other device (“Workstation”), solely in executable form and solely to create back-ups of hard drives directly connected to the Workstation. A single use license for the Software may not be shared or used concurrently on a different Workstation.
      4. Replacement Workstations. The license rights granted under this Agreement are limited to the Workstation(s) upon which You first install the Software. In the event that You replace or upgrade Your Workstation, You may transfer the Software to the replacement Workstation. After such a transfer, You must completely remove the Software from the Workstation being replaced. If You wish to expand the number of installations of the Software, You may purchase additional licenses for the Software from Betsol. Any additional licenses will be subject to the terms of this Agreement.
      5. Third-Party Software. The Services may provide You with the choice to access software developed, provided, or maintained by other third-party providers (“Third-Party Software”).  In addition to the terms of this Agreement, Your access to and use of any Third-Party Software may also be subject to any other agreement You may agree to before being given access to the Third-Party Software (each, a “Third-Party Software Agreement”).  The terms of any Third-Party Software Agreement (which may include payment of additional fees) will apply to the applicable Third-Party Software provided under that Third-Party Software Agreement in addition to the terms of this Agreement but will not apply to any other Software You may access through Platform.
      6. Your Right to Copy Materials. The Software may be used to copy materials located on Your Workstation for backup purposes. You, not Betsol, are responsible for determining whether You have the right to copy such materials and Your license to use the Software does not extend to copying copyrighted materials which You are not permitted to copy.
2. Online Backup Feature
   1. The Software includes an online backup feature (“Online Backup Feature”), which provides the capability to sync, transfer, upload, store, and retrieve Your files, data, and content on (the “Customer Data”) You elect to store on our cloud based portal (“Backup”) during the Service Period (as defined below), subject to the amount of online backup storage space provided with our Software. Betsol uses a trusted third party service provider to host and store the Customer Data.
   2. You are solely responsible for acquiring and maintaining the Internet or telecommunications services and devices required to access and/or use the Online Backup Feature. You acknowledge that the performance of the Online Backup Feature is dependent upon the data transfer speeds of Your network and connections to the Internet as well as the performance of Your computer hardware. The Online Backup Feature is provided “as is” and “as available” and Betsol shall not be liable for any downtime of the Online Backup Feature due to reasonable scheduled maintenance, maintenance for critical issues or forces beyond the reasonable control of Betsol.
   3. Compliance with Laws. Use of the Online Backup Feature (including the transmission of any Customer Data) is subject to all applicable local, state, national and international laws and regulations, including but not limited to the United States export laws. You agree to comply with such applicable laws and regulations and with the specifications described in the Documentation or the applicable transaction documentation from the authorized reseller from which You obtained the Software and not to (a) use the Online Backup Feature for illegal purposes, (b) transmit or store material that may infringe the intellectual property rights or other rights of third parties or that is illegal, tortious, defamatory, libelous, or invasive of another’s privacy; (c) transmit or store data belonging to another party without first obtaining all consents required by law from the data owner for transmission of the data to Betsol for storage within the United States; (d) transmit any material that contains software viruses or other harmful computer code, files or programs such as Trojan horses, worms or time bombs; (e) interfere with or disrupt servers or networks connected to the Online Backup Feature; or (f) attempt to gain unauthorized access to the Online Backup Feature, the accounts of other Online Backup Feature users, or computer systems or networks connected to the Online Backup Feature.

      The foregoing obligations regarding use of the Online Backup Feature apply to all use of the Online Backup Feature in connection with Your Rebit Account. You are solely responsible for the use of the Online Backup Feature, and the Data transmitted or stored through the Online Backup Feature in connection with Your Rebit Account.

   4. Usage Limits. Your usage of the Online Backup Feature will be limited to the capacity allocated to You pursuant to the subscription level You purchase for the Online Backup Feature (“Storage Capacity”). Betsol will provide You with email notifications, to the email address provided as part of Your Registration Information (defined below) once Your usage reaches 80% of Your Storage Capacity. Once You reach 100% of Your Storage Capacity, automated backup via the Online Backup Feature will cease until You increase Your subscription level or remove Customer Data from Your automatic storage.
   5. Termination; Suspension. Your right to use the Online Backup Feature shall terminate upon expiration of the Service Period. In addition, Betsol may, at its sole discretion, immediately suspend or terminate use of the Online Backup Feature during the Service Period for Your failure to or Betsol’s reasonable belief that You have failed to comply with these terms and conditions or any other misuse of the Online Backup Feature. Following the expiration or termination of the Service Period: (i) Customer Data stored to the online backup space provided with Your Software may be purged; (ii) Betsol shall not be obligated to maintain such Customer Data, forward such Customer Data to You or a third party, or migrate such Customer Data to another backup service or account; and (iii) You will not be able to store Customer Data to any additional backup space that You may have purchased separately unless and until the Service Period is renewed.
3. Ownership. You acknowledge and agree that the software, code, hardware, trademarks, trade secrets, proprietary methods and systems used to provide the Services (“Betsol Technology”) and the content made available or displayed by us through the Services, including all text, graphics, images and the look and feel of the Website and the Online Backup Feature (collectively “Betsol Content”) are owned by or licensed to Betsol, including all intellectual property rights therein. Nothing in this Agreement or any of the Documentation shall be considered an assignment or other transfer of ownership in and to any Betsol Technology or Betsol Content to You, either expressly, or by implication, estoppel, or otherwise.  Other than the authorizations or licenses as may be conferred or granted by us to You in this Agreement or any of the Documentation, Betsol reserves all right, title and interest in and to Betsol Technology and Betsol Content. No right or license is granted by Betsol to You to use any Betsol trademark, trade name, service mark, product name or other source designator.
4. Restrictions.
   1. You will not, and will not allow any third party to: (a) use the Software in any manner or for any purpose other than as expressly permitted by the Documentation; (b) copy the Software or the Documentation (except for one copy for backup and disaster recovery purposes or as described in the Documentation); (c) modify, translate, adapt, alter, or create derivative works from the Software; (d) merge the Software with any other software or documentation; (e) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Software; (f) distribute, sublicense, rent, lease or loan the Software to any third party; or (g) use the Software for the business needs of another person or entity, including without limitation, providing outsourcing, service bureau, software as a service, commercial hosting, application service provider or on-line services to third parties. You may not remove, alter or obscure any proprietary notice that appears on the Software or on any copies made in accordance with this Agreement.
   2. There may be technological measures in the Software that are designed to prevent unlicensed or illegal use of the Software. You agree that Betsol may use these measures to protect Betsol against software piracy. This Software may contain enforcement technology that limits the ability to install and uninstall the Software on a Workstation to not more than a finite number of times for a finite number of Workstations. You shall not attempt to unlock any of these technological measures, or otherwise attempt to circumvent them.
5. Rebit Account. A current Rebit user account (“Rebit Account”) is required to activate Your Software and to access and use the Online Backup Feature. In connection with establishing a Rebit Account, You will be asked to submit certain information about Yourself (“Registration Information”) and, as applicable, Your association with the purchaser of the Software.  You agree that: (a) all such Registration Information You provide will be accurate, complete, and current; (b) You will maintain and promptly update all such Registration Information to keep it accurate, complete, and current; and (c) You will not provide any Registration Information belonging to another person with the intent to impersonate that person. You are entirely responsible for maintaining the confidentiality of Your Rebit Account password.
6. Termination. This Agreement will automatically terminate if You breach a material term of this Agreement. Upon termination of this Agreement, You agree to immediately cease all use of the Software, destroy all copies of the Software, and, upon the request of Betsol, certify in writing Your compliance with the terms and conditions of this Section 5. Sections 1, 2.3, 3, 5, and 11 through 22, and any other sections that, by their nature are intended to survive the termination of this Agreement, shall survive termination of this Agreement.
7. Technical Support. In connection with Your use of the Software, You may choose to access assistance from a Technical Support agent via remote computer access. Any such Technical Support shall be provided in Betsol’s sole discretion without any guarantee or warranty of any kind. It is solely Your responsibility to complete a backup of all Your existing data, software and programs before receiving any Technical Support. In the course of providing the Technical Support, Betsol may determine that the technical issue is beyond the scope of the Technical Support. Except as may be set forth in a separate agreement with Betsol, Betsol is under no obligation to provide to You with any support, maintenance, or training relating to the Software.  Notwithstanding the foregoing, should Betsol elect to provide You with any support, maintenance, or training for the Software, such support, maintenance, or training will be pursuant to Company’s then-current terms for the same.
8. Data Security. We have implemented administrative, physical and technical safeguards designed to secure Your Rebit Account and Customer Data from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat our safeguards or use the Rebit Account and Customer Data for improper purposes. You provide Your Rebit Account details and Customer Data to us at Your own risk.  You are solely responsible for safeguarding the Registration Information.
9. If You are subject to the Health Insurance Portability and Accountability Act of 1996, as amended (“HIPAA”), as a Covered Entity or Business Associate (as defined in HIPAA) and would like to use the Software in a manner that causes Betsol to create, receive, maintain, or transmit Protected Health Information (as defined in HIPAA) on Your behalf, please contact a sales representative or [email protected], in order to use the Software in a compliant manner. You should never provide any Protected Health Information directly to Betsol (via the Online Backup Feature or otherwise) any Protected Health Information using the Software without Betsol’s prior consent in each instance.
10. Fees and Auto-Renewal
    1. Auto Renewal. The Software requires payment from You on a recurring basis (“Subscription Services”).  When You sign up for a Subscription Service, including after any free trial period, You agree to pay us the subscription fee (“Subscription Fee”) and acknowledge that the Subscription Services may subject You to recurring fees and/or terms.  Your subscription to any Subscription Services will continue and automatically renew on a recurring basis corresponding to the term of Your subscription unless and until You cancel Your subscription, or Your Rebit Account is otherwise suspended or terminated pursuant to this Agreement (the “Service Period”).  Subscription Fees will be charged to Your credit or debit card or other payment account as part of the automatic renewal plan.  Unless otherwise provided in a Subscription Service’s terms, Subscription Fees will be charged when You sign up for a Subscription Service or after any applicable free trial period has expired, and, unless canceled, You will continue to be charged on a monthly or annual basis depending on the payment plan you elected.  The annual or monthly billing is Your “Billing Period.” Prior to Your subscription renewing, You will receive an e-mail to the e-mail address You provided in the Registration Information informing You of the date that Your annual subscription will be renewing. For monthly subscribers, You will receive an e-mail if Your monthly subscription is renewing for a 12^th month, and thereafter on an annual basis.By signing up for a Subscription Service, You acknowledge that Your purchase of the Subscription Services:
       1. Is subject to automatic renewal;
       2. Will continue until You cancel the subscription; an
       3. Is subject to automatic charges on Your method of payment.

       You may cancel Your subscription at any time by going to Your “Account” page and selecting “CANCEL SUBSCRIPTION.” Alternatively, You may e-mail [email protected] to cancel Your subscription.

    2. Payment of Subscription Fee. Unless otherwise indicated, You will be required to provide a credit card or other payment method accepted by us, as may be updated from time to time (“Payment Method”). We will charge Your Payment Method the Subscription Fee on a recurring basis corresponding to the terms of Your subscription, and any applicable taxes. You are solely responsible for any and all Subscription Fees charged to Your Payment Method. When You provide a Payment Method, we will attempt to verify the information You entered by processing an authorization hold. We do not charge You in connection with this authorization hold, but Your available balance or credit limit may be reduced. If You want to use a different Payment Method than the one You signed up to use during registration, You may edit Your Payment Method information by logging in to Your Account and viewing Your Account details.
    3. Cancellation. You can cancel Your subscription by logging into Your Account and following the instructions on Your Account page on the Website. You must cancel Your subscription prior to 11:59 p.m. Eastern time on the day before Your next recurring billing date to avoid being charged. Unless otherwise communicated, if You cancel Your subscription, You will continue to have access to the Platform through the end of Your current Billing Period. Payments are nonrefundable. There are circumstances where we may provide credits on a case by case basis. The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion.  If You cancel, modify Your subscription, or if Your account is otherwise terminated under this Agreement, You will not receive a credit.
    4. Changes to Subscription Fees.  We reserve the right to change our Subscription Fee upon thirty (30) days’ advance notice, provided, that You will pay the revised fees only upon renewal of the Service Period.  Your continued use of the Subscription Services after notice of a change to our Subscription Fee will constitute Your acceptance of and agreement to such changes.
11. Warranty. Betsol warrants that the Software will perform substantially in accordance with the Documentation for a 90-day period from the beginning of the Service Period. Your sole and exclusive remedy for any non-conformance with this warranty is for Betsol to repair or replace the Software. Any error correction provided to You will not extend the period of the warranty. Betsol will have no obligation under this Section 9.1 or otherwise with respect to any alleged breach of this Agreement based on or resulting from: (a) any unauthorized use, reproduction, or distribution of the Software by You; (b) any use of the Software in combination with other products, equipment, software, business methods, or data not supplied by Betsol; (c) any errors or defects caused by third party hardware or software; or (d) any accident, abuse, misapplication, misuse, abnormal use, or third-party virus.
12. Disclaimers
    1. Warranty Disclaimer. BETSOL DOES NOT WARRANT THAT: (A) THE OPERATION OF THE SOFTWARE OR ONLINE BACKUP FEATURE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT FUNCTIONS CONTAINED IN THE SOFTWARE WILL OPERATE IN COMBINATIONS OF SOFTWARE OR HARDWARE THAT MAY BE SELECTED FOR USE BY YOU; (B) THE SOFTWARE OR ONLINE BACKUP FEATURE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; OR (C) ANY RESULTS, OUTPUT, OR DATA PROVIDED THROUGH OR GENERATED BY THE SOFTWARE WILL BE ACCURATE, UP-TO-DATE, COMPLETE OR RELIABLE. EXCEPT AS EXPRESSLY STATED IN SECTION 10, TO THE MAXIMUM EXTENT PERMITTED BY LAW, BETSOL SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, ORAL OR WRITTEN, ARISING BY LAW OR OTHERWISE, RELATING TO THIS AGREEMENT AND THE SOFTWARE, ONLINE BACKUP FEATURE, AND ANY OTHER SERVICES PROVIDED TO YOU, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
    2. HIPAA Disclaimer. BETSOL DISCLAIMS ALL LIABILITY FOR ANY LOSS, DAMAGE, OR UNAUTHORIZED ACCESS OR USE OF PROTECTED HEALTH INFORMATION (AS DEFINED UNDER HIPAA) TO THE EXTENT THAT BETSOL DID NOT AGREE IN WRITING TO ACCEPT SUCH PROTECTED HEALTH INFORMATION. IF YOU ELECT TO STORE ANY PHI ON A LOCAL BACKUP DEVICE, ALL SUCH BACKUPS ARE DONE AT YOUR OWN RISK, AND BETSOL MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT SUCH BACKUP.
    3. Regular Backups Disclaimer. YOU ARE SOLELY RESPONSIBLE FOR YOUR DATA. YOU MUST BACK UP YOUR DATA BEFORE BETSOL OR A THIRD PARTY PERFORMS ANY REMEDIAL, UPGRADE OR OTHER WORK ON YOUR PRODUCTION SYSTEMS. YOU ACKNOWLEDGE THAT IT IS A BEST PRACTICE TO HAVE MORE THAN ONE BACK UP COPY OF YOUR DATA. IF APPLICABLE LAW PROHIBITS EXCLUSION OF LIABILITY FOR LOST DATA, THEN LICENSOR WILL ONLY BE LIABLE FOR THE COST OF THE TYPICAL EFFORT TO RECOVER THE LOST DATA FROM YOUR LAST AVAILABLE BACK UP.
    4. Online Backup Feature Disclaimer. IF YOU USE THE ONLINE BACKUP FEATURE, YOUR CUSTOMER DATA MAY NOT BE AVAILABLE OR RESTORABLE IF: (i) THE ONLINE BACKUP FEATURE HAS NOT COMPLETED COPYING, SYNCING, TRANSFERRING, OR UPLOADING YOUR CUSTOMER DATA; (ii) FOR FILES, FOLDERS, DATABASES, SERVERS, OR DRIVES THAT THE ONLINE BACKUP FEATURE DOES NOT AUTOMATICALLY BACK UP PURSUANT TO THE DOCUMENTATION, YOU DO NOT MANUALLY SELECT FOR BACKUP OR YOU DESELECT CERTAIN FILES, FOLDERS, DEVICES, DATABASES, SERVERS OR DRIVES FOR BACKUP; (iii) YOU DELETE CERTAIN CUSTOMER DATA FROM YOUR DEVICE AND DO NOT RESTORE IT AFTER DELETION, OR YOU DELETE A DEVICE, DATABASE, DRIVE, OR SERVER FROM YOUR REBIT ACCOUNT; (iv) YOU MOVE CUSTOMER DATA TO A LOCATION ON YOUR DEVICE THAT IS NOT AUTOMATICALLY SCANNED TO SELECT FILES FOR BACKUP, OR YOU UPGRADE YOUR OPERATING SYSTEM RESULTING IN CHANGES TO YOUR FILE MAPPING; (v) THE CUSTOMER DATA IS CORRUPTED; (vi) YOUR DEVICE IS UNABLE TO ACCESS THE INTERNET OR NETWORK SERVICE OR HAS EXPERIENCED INTERMITTENT OR SLOW INTERNET CONNECTION; (vii) YOUR DEVICE OR HARDWARE IS UNABLE TO MAKE A CONNECTION WITH BETSOL’S SERVERS OR NETWORK; (viii) YOU FAIL TO FOLLOW THE DOCUMENTATION FOR UTILIZING THE ONLINE BACKUP FEATURE, INCLUDING UPGRADING THE ONLINE BACKUP FEATURE OR FAILING TO PERIODICALLY TEST YOUR BACKUPS AND RESTORES OR TO ENSURE THAT CERTAIN CUSTOMER DATA IS BACKED UP; OR (ix) YOU TERMINATE OR FAIL TO RENEW YOUR SUBSCRIPTION TO THE ONLINE BACKUP FEATURE, OR YOUR ACCESS TO THE ONLINE BACKUP FEATURE HAS OTHERWISE BEEN TERMINATED OR SUSPENDED.
    5. Disclaimer of Certain Other Damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL BETSOL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR ANY OTHER DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR PERSONAL INJURY, LOST PROFITS, LOSS OF DATA, LOSS OF CUSTOMER CONTENT, LOSS OF USE, LOST REVENUE, BUSINESS INTERRUPTION OR PROPERTY OR ENVIRONMENT DAMAGE ARISING OUT OF OR RELATED TO YOUR USE OF THE PRODUCTS AND SERVICES, EVEN IF BETSOL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE).
13. Limitation of Liability. THE LIABILITY OF BETSOL UNDER THIS AGREEMENT, REGARDLESS OF THE BASIS OF LIABILITY OR THE FORM OF ACTION, WILL NOT EXCEED THE AGGREGATE FEES PAID TO BETSOL IN THE TWELVE (12) MONTHS PRIOR TO THE INCIDENT GIVING RISE TO THE CLAIM. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BETSOL SHALL HAVE NO LIABILITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE OR OTHERWISE, AND REGARDLESS OF WHETHER BETSOL HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES, INCLUDING WITHOUT LIMITATION, THE USE OR INABILITY TO USE THE SOFTWARE OR ONLINE BACKUP FEATURES, OR ANY RESULTS OBTAINED FROM OR THROUGH THE SOFTWARE OR ONLINE BACKUP FEATURES. BETSOL SHALL NOT BE LIABLE FOR DATA LOSS, DATA CORRUPTION, OR ANY NETWORK-RELATED PROBLEMS ATTRIBUTABLE TO THE SOFTWARE OR ONLINE BACKUP FEATURES. THESE LIMITATIONS WILL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
14. You will indemnify, defend, and hold Betsol (and our third-party vendors, and our and their respective employees, directors, agents, affiliates and representatives) harmless from and against any and all claims, costs, losses, damages, judgments, tax assessments, penalties, interest and expenses (including, without limitation, reasonable attorneys’ fees) arising out of any claim, action, audit, investigation, inquiry or other proceeding instituted by a person or entity that arises out of or relates to: (a) any actual or alleged breach of Your representations, warranties or obligations set forth in this Agreement; (b) Your wrongful or improper use of the Services; (c) Your violation of any third party’s rights, including without limitation, any right of privacy, publicity rights or intellectual property rights; (d) Your violation of any law, rule or regulation of the United States or any other country; (e) any other party’s access and/or use of the Services using Your Registration Information, and (f) Betsol’s use of Your Customer Data. Betsol reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Betsol and You agree to cooperate with Betsol’s defense of these claims. You agree not to settle any matter without Betsol’s prior written consent. Betsol will use reasonable efforts to notify You of any such claim, action or proceeding upon becoming aware of it.
15. Consent to Use Data.
    1. In an effort to monitor and improve the performance of the Software, Betsol will have the right to extract, compile, synthesize, and analyze anonymous, non-personal information about the configuration of Your Workstation and the performance of the Software with the Workstation (“Performance Data”). To the extent that any Performance Data is collected by Betsol, the Performance Data will be solely owned by Betsol and may be used by Betsol for any lawful business purpose in an aggregated form without specifically identifying the source of the Performance Data.
    2. In the course of using the Services, You may provide Betsol reports, comments, suggestions or ideas relating to the Services (“Feedback”). Betsol shall have no obligation to incorporate Feedback into any Service, and You shall have no obligation to provide Feedback. Betsol shall have no obligation to treat such Feedback as Your confidential or trade secret information. You, on behalf of Yourself and Your successors in interest, grant to Betsol a world-wide, non-exclusive, irrevocable, perpetual, royalty-free and fully paid-up right and license to use, profit from, disclose, publish, or otherwise exploit any Feedback. Without limiting the generality of the foregoing, You agree that its provision of Feedback does not give it any intellectual property or any other right, title, or interest in or to any aspects of the Services, even if such Feedback leads Betsol to create new Products or Services. No representations, warranties, or indemnities as may be granted by either party to the other under this Agreement or the Documents shall apply to Feedback.
16. Transfer and Assignment. You may not assign, delegate or otherwise transfer the Software, this Agreement or any of Your rights or obligations under this Agreement without the prior written consent of Betsol, and then only if (a) You transfer all Software and do not retain a copy and (b) the transferee reads and agrees to be bound by this Agreement. This restriction on transfer and assignment applies to Software that is bundled with an external hard drive or other backup device. Assignment of this Agreement will not release You from any prior outstanding obligation under this Agreement or allow You or Your assignee to expand the number of installations of the Software authorized under this Agreement. This Agreement is freely assignable by Betsol and will inure to the benefit of Betsol’s successors and assigns. Any transfer or assignment in violation of this Section 13 is null and void.
17. United States Government Restricted Rights. The Software is comprised of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are used in 48 C.F.R. 12.212 or 48 C.F.R. 227.7202, as applicable. Consistent with 48 C.F.R. 12.212 or 48 C.F.R. 227.7202-1 through 4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are licensed to any U.S. Government customers: (a) only as Commercial Items; and (b) with only those rights as are granted to all other customers pursuant to the terms of this Agreement.
18. Modification. Betsol may modify this Agreement at any time. Modifications become effective immediately upon Your first access to or use of the Sites or Services after the “Last Revised” date at the bottom of this Agreement. Your continued access to or use of the Sites or Services after the modifications have become effective will be deemed Your conclusive acceptance of the modified Agreement. If You do not agree with the modifications, do not access or use the Sites or Services.
19. Relationship of the Parties. No agency, partnership, or joint venture is created by this Agreement. The parties are and remain at all times independent contractors and not agents or employees of the other party.
20. Export Laws. You may not export, ship, transmit, or re-export the Software in violation of any applicable law or regulation, including without limitation, the Export Administration Regulations issued by the United States Department of Commerce. Under no circumstances will the pre-printed terms of any purchase order apply to this Agreement.
21. Waiver. No failure or delay on the part of either of the parties in exercising any right will operate as a waiver, nor will any single or partial exercise by the either of the parties of any right preclude any other or further exercise thereof or the exercise of any other right.
22. Applicable Law and Dispute Resolution. This Agreement shall be governed by the laws of the State of Colorado without giving effect to any conflict of laws principles that may require the application of the law of another jurisdiction. If You believe that Betsol has not adhered to these Terms, please contact us by e-mail at [email protected]. We will do our best to address Your concerns. If You feel that Your complaint has been addressed incompletely, we invite You to let us know for further investigation. If You and Betsol are unable to reach a resolution to the dispute, You and Betsol will settle the dispute exclusively under the rules of the American Arbitration Association (www.adr.org) at its Denver, Colorado office. Any election to arbitrate by one party will be final and binding on the other. YOU UNDERSTAND THAT IF EITHER PARTY ELECTS TO ARBITRATE, NEITHER PARTY WILL HAVE THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL. YOU AND COMPANY AGREE THAT ANY ARBITRATION WILL BE LIMITED TO THE DISPUTE BETWEEN COMPANY AND YOU INDIVIDUALLY. YOU ACKNOWLEDGE AND AGREE THAT YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless both You and Betsol otherwise agree in writing, an arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Services or this Agreement must be brought, if at all, within one year from the accrual of the claim or cause of action or be forever barred. Notwithstanding the foregoing, Betsol may seek injunctive or other equitable relief to protect its confidential information and intellectual property rights or to prevent loss of data or damage to its servers in any court of competent jurisdiction. If You are subject to any state or federal law requiring that the laws of a different jurisdiction apply or that prohibit dispute resolution in the manner required in this Section 20, then this Section 20 shall be deemed revised to conform with such laws.
23. Entire Agreement. This Agreement constitutes the entire agreement between You and Betsol with respect to the Services, superseding any prior agreements between You and Betsol. The failure of Betsol to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, You and Betsol nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms shall remain in full force and effect.
24. Questions. Should You have any questions concerning this Agreement, or if You desire to contact Betsol for any reason, please write to Betsol Customer Service, 2420 Trade Centre Ave., Longmont, Colorado 80503 or visit the Support page at www.rebitgo.com.You can also email [email protected] or call the toll free number 1-800-281-5609.

Last Revised:

Date: July 2022