General Terms and Conditions

The Terms and Conditions were last updated on January 10, 2024

1. Introduction

These Terms and conditions apply to this website and to the transactions related to our products and services. You may be bound by additional contracts related to your relationship with us or any products or services that you receive from us. If any provisions of the additional contracts conflict with any provisions of these Terms, the provisions of these additional contracts will control and prevail.

2. Binding

By registering with, accessing, or otherwise using this website, you hereby agree to be bound by these Terms and conditions set forth below. The mere use of this website implies the knowledge and acceptance of these Terms and conditions. In some particular cases, we can also ask you to explicitly agree.

3. Electronic communication

By using this website or communicating with us by electronic means, you agree and acknowledge that we may communicate with you electronically on our website or by sending an email to you, and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement, including but not limited to the requirement that such communications should be in writing.

4. Intellectual property

We or our licensors own and control all of the copyright and other intellectual property rights in the website and the data, information, and other resources displayed by or accessible within the website.

4.1 All the rights are reserved

Unless specific content dictates otherwise, you are not granted a license or any other right under Copyright, Trademark, Patent, or other Intellectual Property Rights. This means that you will not use, copy, reproduce, perform, display, distribute, embed into any electronic medium, alter, reverse engineer, decompile, transfer, download, transmit, monetize, sell, market, or commercialize any resources on this website in any form, without our prior written permission, except and only insofar as otherwise stipulated in regulations of mandatory law (such as the right to quote).

5. Newsletter

Notwithstanding the foregoing, you may forward our newsletter in the electronic form to others who may be interested in visiting our website.

6. Third-party property

Our website may include hyperlinks or other references to other party’s websites. We do not monitor or review the content of other party’s websites which are linked to from this website. Products or services offered by other websites shall be subject to the applicable Terms and Conditions of those third parties. Opinions expressed or material appearing on those websites are not necessarily shared or endorsed by us.

We will not be responsible for any privacy practices or content of these sites. You bear all risks associated with the use of these websites and any related third-party services. We will not accept any responsibility for any loss or damage in whatever manner, however caused, resulting from your disclosure to third parties of personal information.

7. Responsible use

By visiting our website, you agree to use it only for the purposes intended and as permitted by these Terms, any additional contracts with us, and applicable laws, regulations, and generally accepted online practices and industry guidelines. You must not use our website or services to use, publish or distribute any material which consists of (or is linked to) malicious computer software; use data collected from our website for any direct marketing activity, or conduct any systematic or automated data collection activities on or in relation to our website.

Engaging in any activity that causes, or may cause, damage to the website or that interferes with the performance, availability, or accessibility of the website is strictly prohibited.

8. Registration

You may register for an account with our website. During this process, you may be required to choose a password. You are responsible for maintaining the confidentiality of passwords and account information and agree not to share your passwords, account information, or secured access to our website or services with any other person. You must not allow any other person to use your account to access the website because you are responsible for all activities that occur through the use of your passwords or accounts. You must notify us immediately if you become aware of any disclosure of your password.

After account termination, you will not attempt to register a new account without our permission.

9. Idea submission

Do not submit any ideas, inventions, works of authorship, or other information that can be considered your own intellectual property that you would like to present to us unless we have first signed an agreement regarding the intellectual property or a non-disclosure agreement. If you disclose it to us absent such written agreement, you grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media.

10. Termination of use

We may, in our sole discretion, at any time modify or discontinue access to, temporarily or permanently, the website or any Service thereon. You agree that we will not be liable to you or any third party for any such modification, suspension or discontinuance of your access to, or use of, the website or any content that you may have shared on the website. You will not be entitled to any compensation or other payment, even if certain features, settings, and/or any Content you have contributed or have come to rely on, are permanently lost. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

11. Warranties and liability

Nothing in this section will limit or exclude any warranty implied by law that it would be unlawful to limit or to exclude. This website and all content on the website are provided on an “as is” and “as available” basis and may include inaccuracies or typographical errors. We expressly disclaim all warranties of any kind, whether express or implied, as to the availability, accuracy, or completeness of the Content. We make no warranty that:

  • this website or our products or services will meet your requirements;
  • this website will be available on an uninterrupted, timely, secure, or error-free basis;
  • the quality of any product or service purchased or obtained by you through this website will meet your expectations.

Nothing on this website constitutes or is meant to constitute, legal, financial or medical advice of any kind. If you require advice you should consult an appropriate professional.

The following provisions of this section will apply to the maximum extent permitted by applicable law and will not limit or exclude our liability in respect of any matter which it would be unlawful or illegal for us to limit or to exclude our liability. In no event will we be liable for any direct or indirect damages (including any damages for loss of profits or revenue, loss or corruption of data, software or database, or loss of or harm to property or data) incurred by you or any third party, arising from your access to, or use of, our website.

Except to the extent any additional contract expressly states otherwise, our maximum liability to you for all damages arising out of or related to the website or any products and services marketed or sold through the website, regardless of the form of legal action that imposes liability (whether in contract, equity, negligence, intended conduct, tort or otherwise) will be limited to the total price that you paid to us to purchase such products or services or use the website. Such limit will apply in the aggregate to all of your claims, actions and causes of action of every kind and nature.

12. Privacy

To access our website and/or services, you may be required to provide certain information about yourself as part of the registration process. You agree that any information you provide will always be accurate, correct, and up to date.

We take your personal data seriously and are committed to protecting your privacy. We will not use your email address for unsolicited mail. Any emails sent by us to you will only be in connection with the provision of agreed products or services.

We have developed a policy to address any privacy concerns you may have. For more information, please see our Privacy Statement and our Cookie Policy.

13. Accessibility

We are committed to making the content we provide accessible to individuals with disabilities. If you have a disability and are unable to access any portion of our website due to your disability, we ask you to give us a notice including a detailed description of the issue you encountered. If the issue is readily identifiable and resolvable in accordance with industry-standard information technology tools and techniques we will promptly resolve it.

14. Export restrictions / Legal compliance

Access to the website from territories or countries where the Content or purchase of the products or Services sold on the website is illegal is prohibited. You may not use this website in violation of export laws and regulations of United States.

15. Assignment

You may not assign, transfer or sub-contract any of your rights and/or obligations under these Terms and conditions, in whole or in part, to any third party without our prior written consent. Any purported assignment in violation of this Section will be null and void.

16. Breaches of these Terms and conditions

Without prejudice to our other rights under these Terms and Conditions, if you breach these Terms and Conditions in any way, we may take such action as we deem appropriate to deal with the breach, including temporarily or permanently suspending your access to the website, contacting your internet service provider to request that they block your access to the website, and/or commence legal action against you.

17. Force majeure

Except for obligations to pay money hereunder, no delay, failure or omission by either party to carry out or observe any of its obligations hereunder will be deemed to be a breach of these Terms and conditions if and for as long as such delay, failure or omission arises from any cause beyond the reasonable control of that party.

18. Indemnification

You agree to indemnify, defend and hold us harmless, from and against any and all claims, liabilities, damages, losses and expenses, relating to your violation of these Terms and conditions, and applicable laws, including intellectual property rights and privacy rights. You will promptly reimburse us for our damages, losses, costs and expenses relating to or arising out of such claims.

19. Waiver

Failure to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision.

20. Language

These Terms and Conditions will be interpreted and construed exclusively in English. All notices and correspondence will be written exclusively in that language.

21. Entire agreement

These Terms and Conditions, together with our privacy statement and cookie policy, constitute the entire agreement between you and BetterWho, LLC in relation to your use of this website.

22. Updating of these Terms and conditions

We may update these Terms and Conditions from time to time. It is your obligation to periodically check these Terms and Conditions for changes or updates. The date provided at the beginning of these Terms and Conditions is the latest revision date. Changes to these Terms and Conditions will become effective upon such changes being posted to this website. Your continued use of this website following the posting of changes or updates will be considered notice of your acceptance to abide by and be bound by these Terms and Conditions.

23. Choice of Law and Jurisdiction

These Terms and Conditions shall be governed by the laws of United States. Any disputes relating to these Terms and Conditions shall be subject to the jurisdiction of the courts of United States. If any part or provision of these Terms and Conditions is found by a court or other authority to be invalid and/or unenforceable under applicable law, such part or provision will be modified, deleted and/or enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions. The other provisions will not be affected.

24. Contact information

This website is owned and operated by BetterWho, LLC.

You may contact us regarding these Terms and Conditions by writing or emailing us at the following address: experience@betterwho.com
4631 Chuckwood Dr, Mint Hill, NC 28227, United States

25. Download

You can also download our Terms and Conditions as a PDF.

Email Marketing and SMS

By checking an sms box in the you agree to receive SMS messages regarding your BetterWho purchases and orders, as well as BetterWho promotional messages. You can reply STOP to unsubscribe. Standard rates may apply.

By checking an EMAIL consent box in any of the forms on the BetterWho website you agree to receive informational emails regarding your BetterWho purchases and orders, as well as BetterWho emails about news, promotions, and deals. You can always unsubscribe using the unsubscribe feature of every email.

RTM Direct Terms and Conditions

Acknowledgment

By making a purchase, you (the “Client”) represent and acknowledge that you understand and agree to RTM Direct by BetterWho (the “Company”) Terms and Conditions as follows:

General

Client agrees to comply with the rules and policies governing the program for which Client is making a purchase, as existing now or later as announced by BetterWho. The services provided under these Terms and Conditions are for business purposes only. BetterWho’s products and services are made available to the Client, for the Client’s sole use, and the Client may not make them available to others. Client may not transfer, assign, or otherwise dispose of any of Client’s rights or obligations arising under it, without BetterWho’s prior written consent.

RTM Direct Process, Deliverable and Client Participation

  • Candidates: BetterWho agrees to present candidates to Client for hiring consideration within three months of initial onboarding call. Current ESTIMATED timeline will be provided at onboarding, depending on position hiring for.
  • Client Portal: Client agrees to fully engage with all content in the client portal, if provided, including viewing all videos, completing all forms and reading all resources.
  • Onboarding: Client agrees to complete initial onboarding forms and meet with BetterWho within 5 business days of initial engagement for initial onboarding call.
  • Interview: Client agrees to interview any candidates within 2 business days of being presented by BetterWho.
  • Hiring Decision: Client agrees to inform BetterWho of hiring decision within 2 business days of conducting initial interview.
  • Candidate Exclusivity: Client agrees to pay BetterWho in full for each candidate that BetterWho sources and Client hires at any time.
  • Guarantee: If any candidate hired by Client has their employment status terminated within the first 90 days of engagement, Client will start the process over to find a replacement candidate at no additional cost. Employment status MUST be termianted BEFORE the replacement process can start. For RTM Direct Membership and RTM Direct Enterprise clients, the guarantee covers the entire duration of the contract (it is not limited to 90 days).
  • QuickStart Training: QuickStart Essential training is included with all RTM purchases; Client agrees to onboard the RTM prior to starting the training and to pay the RTM for their time spent in the QuickStart Training Program (the course is at-your-pace and the estimated time it takes the RTM to complete it can range from a few hours to a couple of days).

Copyright

All information and materials including audio recordings, video, manuals and other resources presented to Client at any time and in any format are protected by copyright laws and shall remain the property of BetterWho. As such, the Client agrees they will refrain from recording, copying, reproducing, videotaping or disseminating these materials without the prior written consent from an authorized person at BetterWho and shall not permit any third party to do the same. Client agrees and acknowledges that any calls provided may be monitored or recorded and are property of BetterWho.

Warranties

No expressed or implied warranties are given by BetterWho. BetterWho disclaims, and Client waives, any implied warranties including warranties of fitness for a particular purpose. BetterWho’s staff have no authority to make warranties or alter these Terms and Conditions other than in writing.

Payment

All payments are due in advance of service being provided. You will be charged thirty dollars ($30.00) for any charge rejected as NSF. Late payments will accrue interest at the maximum rate permitted by law. Client is hereby notified that failure to fulfill the terms of Client’s credit obligations could result in the submission of a negative credit report to a credit reporting agency. All payments are final and non-refundable.

Default

In the event of a default in payment of any installment due, all services and privileges shall be suspended and you shall, nevertheless, remain liable for the full amount of the contract price, which shall become immediately due and payable in full. You agree to pay all attorneys’ fees, costs, and expenses of collection of any amounts due under these Terms and Conditions. BetterWho may terminate all services and privileges for any non-payment or payment which is not received within 10 days of the date upon which it is due.

Miscellaneous

No delay or failure by either party to exercise any of its powers, rights or remedies under these Terms will operate as a waiver of them, nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing. These Terms and Conditions are  considered to be under the jurisdiction of Mecklenburg County, North Carolina. Each of the parties submits to the jurisdiction of any North Carolina Court. Venue for any action, proceeding, arbitration or mediation shall be in Mecklenburg County, North Carolina. You expressly consent to jurisdiction. You expressly consent to service of process by electronic mail. These Terms and Conditions supersede any and all prior agreements, understandings, and communications between you and the Company whether written or oral, express or implied, relating to the subject matter of your agreements with the Company and/or the obligations, responsibilities and benefits of the parties.

Client agrees that BetterWho may use Client’s logo, website and contact information in future marketing and promotional materials.

These Terms and Conditions are intended as a complete and final expression of the terms of the agreement between Client and BetterWho, and may be amended only by written agreement and no purported oral amendment shall be valid. 

Client agrees that no party, nor anyone acting on their behalf has made any inducements, agreements, promises, nor representations other than those set forth in these Terms and Conditions. The prevailing party in any action or proceeding to enforce these Terms and Conditions shall be entitled to recover reasonable attorneys’ fees and costs. 

Client hereby represents and warrants that Client has read, understands and agrees to all of the Terms and Conditions, which take effect upon funds being received.

BetterTeam Consulting Terms and Conditions

Acknowledgement

By making a purchase, you (the “Client”) represent and acknowledge that you understand and agree to BetterTeam Consulting by BetterWho (the “Company” or “BetterWho”) Terms and Conditions as follows:

 

General

Client agrees to comply with the rules and policies governing the program for which Client is making a purchase, as existing now or later as announced by BetterWho. The services provided under these Terms and Conditions are for business purposes only. BetterWho’s products and services are made available to the Client, for the Client’s sole use, and the Client may not make them available to others. Client may not transfer, assign, or otherwise dispose of any of Client’s rights or obligations arising under it, without BetterWho’s prior written consent.

 

The Client expressly consents to service of process by electronic mail. Any communication via electronic email shall be considered in writing.

 

BetterTeam Consulting Services Provided

The Client agrees to engage BetterWho to provide the following consulting services (the “Services”):

Services will include auditing Client needs and current business obstacles, identifying projects and success indicators to be implemented, scoping potential business solutions and improving team efficiency, by coordinating changes meant to transform the staff into a self-managing team.

The Services will also include any other consulting tasks which the parties may agree on. 

Services provided will generally follow what is outlined on the BetterWho website at the time of purchase, per the specific package selected.

 

Term of Agreement

The term of this Agreement will begin on the date of initial purchase and will remain in effect indefinitely until terminated as provided in this Agreement.

The minimum engagement period is 6 months. Unless the Client gives written notice of intent to terminate the Agreement 30 days prior to the conclusion of the term in writing, the Client understands this contract automatically renews on a month-to month basis at the same rate after the designated term ends.

In the event that either party wishes to terminate this Agreement, that party will be required to provide 30 days’ written notice to the other party.

This Agreement may be terminated at any time by mutual agreement of the parties.

Except as otherwise provided in this Agreement, the obligations of BetterWho will end upon the termination of this Agreement.

 

Payment

The Services are provided on a monthly basis. The Client will pay a monthly consulting fee, depending on the Consulting package chosen at the time of initial purchase, as well as a one time setup fee. All installment payments are due monthly in advance of Services being provided. All payments are final and non-refundable.

 

Client Participation

The Client agrees to complete initial onboarding forms and meet with the Company as often as needed to accomplish the scope of Services.

The Client agrees to fully engage with all content provided as part of the scope of Services, including viewing all videos, completing all forms and reading all resources.

 

Copyright

All information and materials including audio recordings, video, manuals and other resources presented to Client at any time and in any format are protected by copyright laws and shall remain the property of BetterWho. As such, the Client agrees they will refrain from recording, copying, reproducing, videotaping or disseminating these materials without the prior written consent from an authorized person at BetterWho and shall not permit any third party to do the same. Client agrees and acknowledges that any calls or virtual meetings may be monitored or recorded and such recordings are property of BetterWho. 

 

Client agrees that BetterWho may use Client’s logo, website and contact information in future marketing and promotional materials.

 

Warranties

No expressed or implied warranties are given by BetterWho. BetterWho disclaims, and Client waives, any implied warranties including warranties of fitness for a particular purpose. BetterWho’s staff have no authority to make warranties or alter these Terms and Conditions other than in writing.

 

Default

In the event of a default in payment of any installment due, all services and privileges shall be suspended and the Client shall, nevertheless, remain liable for the full amount of the contract price, which shall become immediately due and payable in full. The Client agrees to pay all attorneys’ fees, costs, and expenses of collection of any amounts due under these Terms and Conditions. BetterWho may terminate all services and privileges for any non-payment or payment which is not received within 10 days of the date upon which it is due.

 

Indemnification

Except to the extent permitted by applicable law, each Party agrees to indemnify and hold harmless the other Party, and its respective directors, shareholders, affiliates, officers, agents, employees, and permitted successors and assigns against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever, which result from or arise out of any act or omission of the indemnifying Party, its respective employees, directors, shareholders, affiliates, officers, agents and permitted successors and assigns that occurs in connection with this Agreement. This indemnification shall survive the termination of this Agreement.

 

Waiver

No delay or failure by either Party to exercise any of its powers, rights or remedies under these Terms will operate as a waiver of them, nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing. 

 

Governing Law

These Terms and Conditions are  considered to be under the jurisdiction of Mecklenburg County, North Carolina. Each of the parties submits to the jurisdiction of any North Carolina Court. Venue for any action, proceeding, arbitration or mediation shall be in Mecklenburg County, North Carolina. The Client expressly consents to jurisdiction. 

These Terms and Conditions supersede any and all prior agreements, understandings, and communications between The Client and the Company whether written or oral, express or implied, relating to the subject matter of your agreements with the Company and/or the obligations, responsibilities and benefits of the parties.

Client agrees that no party, nor anyone acting on their behalf has made any inducements, agreements, promises, nor representations other than those set forth in these Terms and Conditions. The prevailing party in any action or proceeding to enforce these Terms and Conditions shall be entitled to recover reasonable attorneys’ fees and costs. 

Client hereby represents and warrants that Client has read, understands and agrees to all of the Terms and Conditions, which take effect upon first payment being received.