Binti Website Terms of Use


Last updated: July 22, 2020.

These Terms of Use govern your access to and use of Binti at www.Binti.com (“Site”), and the information and materials on this Site (the “Content”) (collectively, the “Service”). This Site is operated by Binti (“Binti” or “we” or “us”). These Terms of Use constitute the entire agreement with respect to your access to and use of this Site and the Content.

Any use of the Binti Platform by a paying customer or its employees, contractor or third parties that the customer authorizes to assess the Binti Platform is subject to the terms of the current governing contract (“Agreement(s)”), such as Binti’s Master Subscription and Services Agreement, between Binti and customer. Nothing in these Terms of Use should be construed to alter such Agreements.

By accessing or using this Service, you agree that you have read, understood, and accept these Terms of Use, our Privacy Policy, and all other policies or notices posted by us on our Service. IF YOU DO NOT ACCEPT OR AGREE WITH THESE TERMS OF USE, YOU MAY NOT ACCESS OR USE THE SERVICE.

Binti reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Service following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Binti grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Service.

Terms of Restrictions on Access and Use

You may use this Site provided that (i) you are over 18 years of age, (ii) you are using the Site for your own individual use, (iii) you do not copy the Site, Service, or any part of it, (iv) you do not modify the Site or any part of it, and (v) you comply with all applicable laws, rules, regulations, and court orders.

Binti, its suppliers and service providers retain all right, title and interest (including all copyright, trade secret, patent and other rights) in and to the Services. If you give feedback on the Site, for example recommendations for improvements or features, such feedback will be deemed non-confidential and non-proprietary, and implementation of that feedback is owned by us and may become part of the Services without compensation to you. We reserve all rights in and to the Services unless we expressly state otherwise. The Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws.

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code, including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of Content, contained on the Services is owned, controlled, or licensed by Binti, and is protected by copyright, patent and trademark laws, and other various intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of the Services and no Content maybe be copied, reproduced, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including mirroring) to any other computer, server, Website or other medium for publication or distribution or for any commercial enterprise, without Binti’s express written consent.

You may download publicly-available Content on this Site only for your personal, non-commercial use, provided that: (i) you keep intact all copyright and other proprietary notices; and (ii) if your copying or use of copyrighted materials on this Site is other than “fair use” under federal copyright laws, you must seek permission directly from us.

Your access to and use of this Services may be terminated by us at any time without notice.

Your Responsibilities

You are responsible for your use of the Services. You agree to act within the bounds of common decency when using our Site. You agree not to stalk, harass, bully or harm another individual. You may not do any of the following:

  • Violate any copyrights, and other proprietary or intellectual property rights in this Service or the Content;
  • Solicit, collect or use the login credentials of other Binti users;
  • Engage in any “data mining,” “deep-link,” “page-scrape,” or use “bots/spiders” or similar data gathering and extraction tools or methods in connection with this Service or the Content;
  • Decompile, reverse engineer, disassemble, lease, sell, distribute, or reproduce this Service;
  • Transmit, post, submit or otherwise make available: (a) content that is unlawful, false, inaccurate, harmful, obscene, or otherwise objectionable, including but not limited to any content that infringes on any intellectual property right, proprietary, or privacy right; (b) viruses, Trojan horses or other harmful programs or material; or (c) not use any device, software or routine to interfere with the proper working of the Service, (d) advertising or promotional materials, “spam,” or any other form of solicitation;
  • With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients, Binti prohibits the creation of and you agree that you will not create an account for anyone other than yourself;
  • Misrepresent your affiliation with or impersonate any person or entity;
  • Interfere with or disrupt this Service, including imposing an unreasonable or disproportionately large load on the infrastructure of the Service, or attempt to circumvent this Service’s security features;
  • Remove or modify any copyright notices, other proprietary notices, or references to these Terms of Use in the Content or on this Service;
  • Misrepresent the Content or this Site, or misinform others about the origin or ownership of the Content or this Site; and
  • Probe, scan, or test the vulnerability of the Site or any network connected to the Site, nor breach the security or other authentication measures on the Site or any network connected to the Site.

You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Service and your Content, including but not limited to, copyright laws.

User Content

You are responsible for all content that you transmit or otherwise make available to the Service. Your access to and use of this Service may be monitored, including but not limited to, for the purpose of identifying illegal or unauthorized activities. All Personal Information collected from you is governed by our Privacy Policy.

Termination

You agree that Binti may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine you have violated these Terms of Use or other agreements or guidelines which maybe be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Binti, for which monetary damages would be inadequate, and you consent to Binti obtaining any injunctive or equitable relief that Binti deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Binti may have at law or in equity.

Disclaimers

THE SERVICE, INCLUDING, WITHOUT LIMITATION, BINTI CONTENT, IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER BINTI NOR ANY EMPLOYEES, MANAGERS, OFFICERS OR AGENTS (COLLECTIVELY, THE “BINTI PARTIES”) MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICE; (B) THE BINTI CONTENT; (C) USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO BINTI OR VIA THE SERVICE. IN ADDITION, THE BINTI PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.

THE BINTI PARTIES DO NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE BINTI PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICE IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE BINTI PARTIES DO NOT WARRANT THAT YOUR USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE BINTI PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOU AND THESE TERMS OF USE.

BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.

YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE AND SERVICE.

YOU UNDERSTAND AND AGREE THAT BINTI IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN EXPECTANT PARENTS, BIRTH PARENTS, PROSPECTIVE FOSTER/ADOPTIVE PARENTS, OR ADOPTION/FOSTER CARE SERVICE PROVIDERS, NOR IS BINTI A LICENSED ADOPTION/FOSTER CARE AGENCY, LAW FIRM, OR FACILITATOR. BINTI HAS NO CONTROL OVER THE CONDUCT OF EXPECTANT PARENTS, BIRTH PARENTS, PROSPECTIVE ADOPTIVE/FOSTER PARENTS, ADOPTION/FOSTER CARE SERVICE PROVIDERS, AND OTHER USERS OF THE SITE, APPLICATION AND SERVICES, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU UNDERSTAND THAT BINTI DOES NOT SOLICIT OR MATCH SPECIFIC BIRTH PARENTS, CHILDREN, OR PROSPECTIVE ADOPTIVE/FOSTER PARENTS AND THAT BINTI DOES NOT PROVIDE LEGAL OR THERAPEUTIC COUNSELING SERVICES.

Limitation of Liability; Waiver

Any use of the Binti Platform by a paying customer or its employees, contractor or third parties that the customer authorizes to assess the Binti Platform is subject to the Agreement between Binti and customer.

UNDER NO CIRCUMSTANCES WILL THE BINTI PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICE; (B) THE BINTI CONTENT; (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICE; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE BINTI PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY’S USE OF THE SERVICE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SERVICE’S OPERATION; OR (H) ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE BINTI PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE). IN NO EVENT WILL THE BINTI PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY.

YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF BINTI’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE BINTI PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEBSITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE BINTI PARTIES.

BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

BINTI IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.

Indemnification

Any use of the Binti Platform by a paying customer or its employees, contractor or third parties that the customer authorizes to assess the Binti Platform is subject to the Agreement between Binti and customer.

You agree to defend (at Binti’s request), indemnify and hold the Binti harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Service or those conducted on your behalf): (i) your Content or your access to or use of the Service; (ii) your breach or alleged breach of these Terms of Use; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; (v) any misrepresentation made by you; or (vi) any acts, conduct, or content by third parties, including but not limited to any negligent acts or omissions. You will cooperate as fully required by Binti in the defense of any claim. Binti reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Binti.

Notice

Where Binti requires that you provide an e-mail address, you are responsible for providing Binti with your most current e-mail address. In the event that the last e-mail address you provided to Binti is not valid, or for any reason is not capable of delivering to you any notices required or permitted by this Agreement, Binti’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Binti via email at contact@binti.com and such notice shall be deemed given when sent by confirmed e-mail.

Electronic Communications

The communications between you and Binti use electronic means, whether you visit the Site or the Service or send Binti emails, or whether Binti posts notices on the Site or Service or communications with you via email. For contractual purposes, you (1) consent to receive communications from Binti in an electronic form; and (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that Binti provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.

Territorial Restrictions

The information provided within the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Binti to any registration requirement within such jurisdiction or country.

California Users And Residents

Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Binti must be addressed to our agent for notice and sent via email to contact@binti.com. California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

General

If any provision of these Terms of Use is unlawful, void or unenforceable, then that provision will be deemed severable from the remaining provisions and will not affect their validity and enforceability. The failure by Binti to enforce any provision in these Terms of Use will not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time. California law, without regard to conflict of laws provisions, will govern these Terms of Use. We will have the right to use for any purpose, free of charge, all information or content submitted via this site except those submissions made under separate legal contract.

Binti may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against Binti’s rights or property of visitors to or users of the Site, including Binti’s customers. Binti reserves the right at all times to disclose any information that Binti’s deems necessary to comply with any applicable law, regulation, legal process or governmental request. Binti may also disclose your information when Binti determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

Contact

If you have any questions or concerns, please email us at contact@binti.com.

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