Introduction
Please read these terms of use carefully before you start to
use the Services. By accessing or using Our Services, you indicate that you
accept these terms of use and that you agree to be bound by them. Your access
to and use of these Services are conditioned upon your acceptance of and
compliance with these Terms, our Privacy Policy, and any other such terms as
may be in place from time to time. These Terms are an agreement between you and
Best Version 1 LLC, its affiliates, and subsidiaries (“Best Version 1”, “we”,
“our” or “us”).
This page (together with the documents referred to on it)
tells you the terms of use which govern your access to and use of the website
www.bestversion1.com, its subdomains, associated app or apps (“App” or “Apps”);
Internet properties owned or operated by Best Version 1 LLC (the “Services”,
“Site’ or “Sites”) and any information, graphics, text, photos, videos, or
other materials uploaded to or downloaded from the Site and Apps (collectively
the “Content”). We refer to the Site, the App, and related Services throughout
this policy as the “Services”.
If you do not agree to these terms of use, please refrain
from using our Services immediately.
Accessing Our Services
Access to our Services is permitted on a temporary basis,
and we reserve the right to withdraw or amend any aspect of our Services
without notice. We will not be liable if for any reason our Services are
unavailable at any time or for any period.
From time to time, we may restrict access to some parts of
our Services, or our entire Services, to users who have registered with us.
If you provide personal information to us, by electronically
agreeing to our Privacy Policy; and/or our Terms; and/or by using any aspect of
our Services including websites or apps, you are confirming in writing that
you: (i) have provided true, accurate, and complete information about yourself;
(ii) will promptly maintain and update such personal information to keep it
true, accurate, current, and complete; (iii) consent to us contacting you by
email, SMS, and telephone on the details you have provided to us. If we have
reasonable grounds to suspect that the personal information you have provided
to us is untrue, inaccurate, or incomplete, we shall have the right to suspend
or terminate your account and refuse any and all current or future use of the
Services (or any portion thereof). You acknowledge and agree that we shall have
no liability associated with or arising from your failure to maintain accurate
personal information, including, but not limited to, your failure to receive
critical information about the Services.
You may not use any “deep-link”, “page-scrape”, “robot”,
“spider” or other automatic device, program, algorithm, or methodology, or any
similar or equivalent manual process, to access, acquire, copy, or monitor any
portion of the Services or any Content, or in any way reproduce or circumvent
the navigational structure or presentation of the Services or any Content, to
obtain or attempt to obtain any materials, documents, or information through
any means not purposely made available through the Services.
You may not attempt to gain unauthorized access to any
portion or feature of the Services, or any other systems or networks connected
to the Services or to any of the Services offered on or through the Services by
hacking, password “mining” or any other illegitimate means.
You may not probe, scan, or test the vulnerability of the
Services or any network connected to the Site, nor breach the security or
authentication measures of the Services or any network connected to the
Services. You may not reverse look-up, trace, or seek to trace any information
on any other user of or visitor to the Services. By breaching this provision,
you would commit a criminal offense under applicable laws. We will report any
such breach to the relevant law enforcement authorities and we will cooperate
with those authorities by disclosing your identity to them. In the event of
such a breach, your right to use our Services will cease immediately.
We will not be liable for any loss or damage caused by a
distributed denial-of-service attack, viruses, or other technologically harmful
material that may infect your computer equipment, computer programs, data, or
other proprietary material due to your use of our Services or to your
downloading of any material posted on it, or on any website linked to it.
Accessing Our Site
Access to our site is permitted on a temporary basis, and we
reserve the right to withdraw or amend the service we provide on our site
without notice. We will not be liable if for any reason our site is unavailable
at any time or for any period.
From time to time, we may restrict access to some parts of
our site, or our entire site, to users who have registered with us.
If you choose, or you are provided with, a user
identification code, password, or any other piece of information as part of our
security procedures, you must treat such information as confidential, and you
must not disclose it to any third party. We have the right to disable any user
identification code or password, whether chosen by you or allocated by us, at
any time, if in our opinion you have failed to comply with any of the
provisions of these terms of use.
When using our site, you must comply with the provisions of
our acceptable use policy.
You are responsible for making all arrangements necessary
for you to have access to our site. You are also responsible for ensuring that
all persons who access our site through your internet connection are aware of
these terms, and that they comply with them.
Text Messages/SMS and Email
As per the Privacy Policy, you have agreed to us utilizing
your email details for agreed purposes. We will not sell your information.
Our Electronic Agreement to Receive Text Messages; E-Sign
Disclosure: When you agree to receive text messages, you also consent to the
use of an electronic record to document your agreement. To stop receiving text
messages from us or the operator of our text message program, simply text STOP
to the short code provided in the text messages that you no longer wish to
receive. To view and retain a copy of this disclosure or any information
regarding your enrollment in this program, you will need (i) a device (such as
a computer or mobile phone) with a web browser and Internet access and (ii)
either a printer or storage space on such device.
Who Can Receive Text Messages? By signing up to receive
texts, you represent that you are 13 years of age or older and agree to the
terms set forth in these Terms of Use, which form a binding agreement between
you and us. You further represent that you are the subscriber of the cellular
service at the mobile number provided or that you are authorized by the
subscriber to sign-up for texts.
Cancellation of Text Messages. To stop receiving text
messages from us or a specific operator text message program, simply text STOP
to the short code provided in the text messages that you no longer wish to
receive. After doing so, you will receive confirmation of your opt-out via text
message.
If you choose, or you are provided with, a user
identification code, password, or any other piece of information as part of our
security procedures, you must treat such information as confidential, and you
must not disclose it to any third party. We have the right to disable any
account, user identification code, or password, whether chosen by you or
allocated by us, at any time, if in our reasonable opinion you have failed to
comply with any of the provisions of these terms of use.
When using our Services, you must comply with the provisions
of our acceptable use policy.
You are responsible for making all arrangements necessary
for you to have access to our Services. You are also responsible for ensuring
that all persons who access our Services through your internet connection are
aware of these terms, and that they comply with them.
Intellectual Property Rights
We are the owner or the licensee of all intellectual
property rights in our Services, and in the material published on it. Those
works are protected by copyright laws and treaties around the world. All such
rights are reserved.
All content, including videos and instructional materials, provided on the
Best Version 1 membership platform is the exclusive property of Best Version 1 LLC.
It is strictly prohibited to copy, record, reproduce, or distribute any of this content
without prior written consent from Best Version 1 LLC. Any unauthorized
use of our materials is illegal and may result in legal action.
You may print off one copy, and may download extracts, of
any page(s) from our website for your personal reference and you may draw the
attention of others within your organization to material posted on our
Services.
You must not modify the paper or digital copies of any
materials you have printed off or downloaded in any way, and you must not use
any illustrations, photographs, video or audio sequences, or any graphics
separately from any accompanying text.
Our status (and that of any identified contributors) as the
authors of material on our Services must always be acknowledged and any of our
branding must not be obscured.
You must not use any part of the materials on our Services
for commercial purposes without obtaining a license to do so from us or our
licensors.
You agree not to publish, place, or utilize any of our
intellectual property in a setting or manner in which it may be associated with
content or other material that (i) is or may be considered unlawful,
threatening, abusive, bigoted, hateful, libelous, defamatory, obscene, vulgar,
offensive, pornographic, profane, sexually explicit, or indecent, (ii) may
constitute, advocate or encourage conduct that would constitute or give rise to
a criminal offense, civil liability or other violation of any local, state,
national, or international law; (iii) violates, plagiarizes, or infringes the
rights of third parties including, without limitation, copyright, trademark,
patent, rights of privacy or publicity, or any other proprietary right; (iv)
contains or may be associated with a computer virus or other harmful component;
(v) constitutes or contains false or misleading indications of origin or
statements of fact; (vi) contains any information, software, or other material
of a commercial nature; or (vii) contains advertising, promotions or commercial
solicitations of any kind.
If you print off, copy or download any part of our Services
in breach of these terms of use, your right to use our Services will cease
immediately and you must, at our option, return or destroy any copies of the
materials you have made.
In terms of Content, whether paid for or otherwise, your
obligations are as follows:
Not to copy the Content except where such copying is
incidental to normal use of the Content, or where it is necessary for the
purpose of back-up or operational security;
Not to rent, lease, sub-license, loan, translate, merge,
adapt, vary, or modify the Content or Documentation;
Not to make alterations to, or modifications of, the whole
or any part of the Content, nor permit the Content or any part of it to be
combined with, or become incorporated in, any other programs;
Not to disassemble, decompile, reverse engineer, or create
derivative works based on the whole or any part of the Content nor attempt to
do any such thing except to the extent that such actions cannot be prohibited
because they are essential for the purpose of achieving inter-operability of
the Content with another Content program, and provided that the information
obtained by you during such activities:
Is used only for the purpose of achieving inter-operability
of the Content with another Content program; and
Is not unnecessarily disclosed or communicated without our
prior written consent to any third party; and
Is not used to create any Content which is substantially
similar to the Content;
To keep all copies of the Content secure and to maintain
accurate and up-to-date records of the number and locations of all copies of
the Content;
To include the copyright notice of us on all entire and
partial copies you make of the Content on any medium; and
Not to provide or otherwise make available the Content in
whole or in part (including but not limited to program listings, object and
source program listings, object code, and source code), in any form to any
person without our prior written consent.
You must permit us and our representatives, at all
reasonable times and on reasonable advance notice, to inspect and have access
to any premises at which the Content or the Documentation is being kept or
used, to the computer equipment located there, and to any records kept pursuant
to this License, for the purpose of ensuring that you are complying with this
License.
Reliance on Information Posted
Commentary and other materials posted on our Services are
not intended to amount to advice on which reliance should be placed. We
therefore disclaim all liability and responsibility arising from any reliance
placed on such materials by any visitor to or user of our Service, or by anyone
who may be informed of any of its contents.
Our Services Change Regularly
We aim to update our Services regularly and may change the
Content at any time. If the need arises, we may suspend access to our Services,
or close them indefinitely. Any of the material on our Services may be out of
date at any given time, and we are under no obligation to update such material.
Our Liability
You acknowledge and agree that the use of the Services is at
your sole risk. You acknowledge that we assume no liability or responsibility
for any damage to you, your computer, or your other property due to your access
to or use of the services or any materials provided on the Services.
While we use reasonable efforts to include accurate and
up-to-date information in providing our Services, we make no warranties or
representations as to its accuracy. The information contained in or made
available through the Services (including, but not limited to, information
contained in messages or text files) cannot replace or substitute the services
of trained professionals in any field, including, but not limited to, physical
education, medical or legal matters. We assume no liability or responsibility
for any errors or omissions in the content of our sites, or apps.
We make no representation that the materials contained
within our Services are appropriate or authorized for use in all countries,
states, provinces, counties, or any other jurisdictions. If you choose to
access the Services, you do so on your own initiative and risk and are
responsible for compliance with all applicable laws.
The Services are provided "as is" and without
warranties of any kind either express or implied. To the fullest extent
permissible pursuant to applicable law, we disclaim all warranties, express or
implied, including, but not limited to, implied warranties of merchantability
and fitness for a particular purpose. We do not warrant or represent that the
information provided under the Services is accurate, complete, correctly
sequenced, reliable, or timely, or that the Services will be uninterrupted or
free of errors and/or viruses. You specifically acknowledge that we are not
liable for the defamatory, offensive, or illegal conduct of other users of the
Services or third parties and that the risk of injury from the foregoing rests
entirely with you. You use the Services at your sole risk.
Notwithstanding the foregoing, to the maximum extent
permitted by applicable law, the aggregate liability of us, for any reason and
upon any cause of action, arising out of or in any way related to the services
or these terms of use shall be limited to direct damages actually incurred by
you and shall not exceed the amount actually received by us from you for the
use of the Services during the month or year for which you have subscribed in
which the event giving rise to such claim occurred. To the maximum extent
permitted by applicable law, the limitation of liability herein applies to all
liabilities in the aggregate, including, without limitation, those resulting
from your use or your inability to use the site, or any other matter arising
from or relating to these terms of use.
To the maximum extent permitted by applicable law, we shall
not have any liability for any indirect, punitive, actual, consequential,
incidental, special, or exemplary damages whatsoever for any reason arising in
connection with these terms of use and/or the site, regardless of the basis
upon which liability is claimed and even if advised of the possibility of such
loss or damage. This limitation is independent of any other limitation set
forth in these terms of use.
Without limiting the generality of the foregoing, to the
maximum extent permitted by applicable law, we shall have no liability for any
damages or injury caused, in whole or in part, by contingencies or issues
beyond their reasonable control, including, but not limited to: the acts of
third parties, errors in the content or site, network failures, internet
failures, software and hardware failures, viruses and other system attacks,
labor stoppages, riots, acts of government or god, natural disasters, acts of
terrorism, communication line failure, or theft, destruction of, unauthorized
access to, alteration of or use of records.
The foregoing limitations shall apply regardless of whether
(i) liability or damage is alleged for breach of contract, tortious behavior,
negligence, or under any other theory or cause of action, and/or (ii) the party
against which liability or damages is sought was advised of the possibility
thereof.
To the maximum extent permitted by applicable law, you agree
that regardless of any statute or law to the contrary, any claim or cause of
action arising out of or related to these terms of use, the site, or any part
thereof, must be asserted within one (1) year after such claim or cause of
action arose, or it shall be forever barred. The Services may contain links and
pointers to other world wide web sites, resources, and advertisers of the
Services. Links to and from the Services to other sites, maintained by third
parties, do not constitute an endorsement by us or any affiliate of any third
party site or content. We are not responsible for the availability of these
third party resources, or their contents. We have not reviewed any or all of
the sites linked to our Services and are not responsible for the content of any
off-site pages or any other sites linked to the Services. Your linking to the
Services, off-site pages, or other sites is at your own risk. By clicking on
any such link, you acknowledge that the Services has no control over, and makes
no representations of any kind with respect to, such other sites or any content
contained within such other sites, and you hereby revoke any claim against us
with respect to such other sites. You should direct any concerns regarding any
external link to its site administrator or webmaster.
Paying to Use Our Services
A paid license for particular content or services will be
agreed upon at the point at which you subscribe, re-subscribe, update, or
otherwise agree to access certain specific aspects of our Services. All access
to our Services remains subject to these Terms, and your payment obligations
are incorporated into these Terms.
By paying for access to our Services you warrant that: You
are legally capable of entering into binding contracts; You are at least 16
years old or have parental consent; You are resident in a country in which use
of our site and/or the Content and Documentation will not be deemed unlawful or
in breach of any law or regulation applicable to that country; and You are
accessing our site from the country of your residence.
If you are contracting as a consumer, you may cancel this
License at any time within fourteen days, beginning on the day after you
licensed the Content and Documentation. In this case, you will receive a refund
of the fee paid.
To cancel a paid license, you must do so through your
account settings in your profile or by canceling the payment with your card
provider or by writing to us at by sending an email to [email protected].
Our Refunds Policy:
No-Refund Policy
Please note that all purchases made through our website, bestversion1.com, are final and non-refundable. This includes, but is not limited to, memberships, courses, digital products, and downloadable content.
By completing a purchase on our site, you acknowledge and agree to the following terms:
1. Digital Product Consent: Once purchased, access to digital content is immediate and cannot be "returned." Therefore, we do not offer refunds for any digital products, memberships, or courses once accessed or downloaded.
2. No Cooling-Off Period: As a condition of purchase, you consent to waive any applicable cooling-off period under consumer protection laws. This ensures that content can be delivered immediately upon purchase.
3. Technical Issues: Should you encounter any technical issues accessing our content, please contact our support team for assistance. Our team is dedicated to ensuring you have a seamless experience with our products.
By proceeding with a purchase, you agree to this no-refund policy. For any questions or support inquiries,
Grant and Scope:
In consideration of payment by you of the license fee and
you agreeing to abide by this License, we grant you a non-exclusive,
non-transferable license to use the Content on the terms and conditions herein.
You may:
Access the Content for your private purposes only;
Transfer the Content from one computer to another provided
it is used on only one computer at any one time; and
Use and copy any associated documentation in support of the
use permitted under our Acceptable Usage Policy and the terms herein.
Indemnification
You hereby agree to indemnify and hold us, and our
affiliates, and each of our respective general and limited partners, members,
shareholders, directors, officers, employees, agents, representatives, vendors,
and business partners, harmless from all claims, liabilities, damages, and
expenses (including lawyers' fees and court costs) arising out of or relating
to: (i) your use of the Services, including, but not limited to use of the
Sites, the Apps, any Content; and (ii) any breach or alleged breach of these
Terms and associated terms including but not limited to our Privacy Policy.
Class Action Waiver
Specific to the US
PLEASE READ THIS SECTION CAREFULLY - IT MAY SIGNIFICANTLY
AFFECT YOUR LEGAL RIGHTS.
We mutually agree that we will resolve any disputes, claims,
or controversies on an individual basis, and that any claims brought under
these Terms in connection with the Services will be brought in an individual
capacity, and not on behalf of, or as part of, any purported class,
consolidated, or representative proceeding.
We further agree that you shall not participate in any
consolidated, class, or representative proceeding (existing or future) brought
by any third party arising under these Terms or in connection with the
Services.
If any court or arbitrator determines that the class action
waiver set forth in this paragraph is void or unenforceable for any reason or
that arbitration can proceed on a class basis, then the disputes, claims, or
controversies will not be subject to arbitration and must be litigated in
federal court located in Miami, Florida.
The terms of this provision will also apply to any claims
asserted by you against any parent or affiliated company of ours to the extent
that any such claims arise out of your access to, and/or use of the Services,
and/or the provision of content, services, and/or technology on or through the
Services.
Uploading Material to Our Services
Whenever you make use of a feature that allows you to upload
material to our Services, or to make contact with other users of our Services,
you must comply with the content standards set out in our acceptable use
policy. You warrant that any such contribution does comply with those
standards, and you indemnify us for any breach of that warranty.
Any material you upload to our Services will be considered
non-confidential and non-proprietary, and we have the right to use, copy,
distribute, and disclose to third parties any such material for any purpose. We
also have the right to disclose your identity to any third party who is
claiming that any material posted or uploaded by you to our Services
constitutes a violation of their intellectual property rights, or of their
right to privacy.
We will not be responsible, or liable to any third party,
for the content or accuracy of any materials posted by you or any other user of
our Services.
We have the right to remove any material or posting you make
on our Services if, in our opinion, such material does not comply with the
content standards set out in our acceptable use policy.
Linking to Our Services
You may link to our Services, provided you do so in a way
that is fair and legal and does not damage our reputation or take advantage of
it, but you must not establish a link in such a way as to suggest any form of
association, approval, or endorsement on our part where none exists.
You must not establish a link from any website that is not
owned by you.
Our Services must not be framed on any other site, nor may
you create a link to any part of our Services other than the home page. We
reserve the right to withdraw linking permission without notice. The website
from which you are linking must comply in all respects with the content
standards set out in our acceptable use policy.
If you wish to make any use of material on our Services
other than that, set out above, please contact us.
Links from Our Services
Where our Services contain links to other sites and
resources provided by third parties, these links are provided for your
information only. We have no control over the contents of those sites or
resources and accept no responsibility for them or for any loss or damage that
may arise from your use of them.
Jurisdiction and Applicable Law
The courts in Miami, Florida, will have exclusive
jurisdiction over any claim arising from, or related to, a visit to our
Services although we retain the right to bring proceedings against you for
breach of these conditions in your country of residence or any other relevant
country.
These terms of use and any dispute or claim arising out of
or in connection with them or their subject matter or formation (including
non-contractual disputes or claims) shall be governed by and construed in
accordance with the law of the United States.
Variations
We may revise these terms of use at any time by amending
this page. You are expected to check this page from time to time to take notice
of any changes we made, as they are binding on you. Some of the provisions
contained in these terms of use may also be superseded by provisions or notices
published elsewhere on our Services.
Your Concerns
If you have any concerns about material which appears on our
site, please contact us at [email protected].
Transfer of Rights and Obligations
These terms are binding on you and us and on our respective
successors and assigns.
You may not transfer, assign, charge, or otherwise dispose
of your rights or obligations arising under these terms, without our prior
written consent.
We may transfer, assign, charge, subcontract, or otherwise
dispose of any of our rights or obligations arising under these Terms at any
time.
Entire Agreement
These Terms and any document expressly referred to in them
represent the entire agreement between us in relation to the subject matter of
these Terms and supersede any prior agreement, understanding, or arrangement
between us, whether oral or in writing unless we have separately negotiated and
acknowledged in writing that these terms are varied or omitted.
We each acknowledge that neither you nor us have relied on
any representation, undertaking, or promise given by the other or be implied
from anything said or written in negotiations between us prior to these Terms
being agreed.
Neither of us shall have any remedy in respect of any untrue
statement made by the other, whether orally or in writing, prior to the date
unless such untrue statement was made fraudulently and the other party’s only
remedy shall be for breach of contract as provided in these Terms.
Law and Jurisdiction
Any dispute or claim arising out of or in connection with
these terms (including non-contractual disputes or claims) will be governed by
the laws of the United States and subject to the exclusive jurisdiction of the
courts in Miami, Florida unless we concede to the matter being dealt with under
such alternative regime as we may reasonably consider to be appropriate in the
circumstances if outside of the United States.
At all times we shall have the right to decide the matter by
binding arbitration or such other means of Alternative Dispute Resolution as we
reasonably consider to be appropriate in the circumstances.