Last updated: March 9th, 2022
These U.S. Terms of Service constitute a legally binding agreement between you and Better Burger Fundraiser, (a product of Interviewy, Inc.) ("Better Burger Fundraiser") governing your use of the Better Burger Fundraiser Platform.
Better Burger Fundraiser's websites (includes betterburgerfundraiser.com (the "Site"), mobile application (the "App"), and related services, information and communications are collectively referred to as the "Better Burger Fundraiser Platform."
The use of all personal data you submit to the Better Burger Fundraiser Platform or which we collect about you is governed by our U.S. Privacy Policy ("Privacy Policy"). A copy of our Privacy Policy is available at /policy. You acknowledge that by using the Better Burger Fundraiser Platform you have reviewed the Privacy Policy.
Your consent at registration and continued use of the Better Burger Fundraiser Platform constitutes your acceptance of and agreement to all of the terms and conditions in these U.S. Terms of Service, the Privacy Policy, as well as any future amendments and additions to this Agreement (as defined below) as we may publish from time to time. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must deactivate your account, and immediately stop using, the Better Burger Fundraiser Platform. The Privacy Policy is incorporated by reference into these U.S. Terms of Service and together form and are hereinafter referred to as the "Agreement".
IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT AND ABIDE BY ITS TERMS, YOU MAY NOT USE OR ACCESS THE BETTER BURGER FUNDRAISER PLATFORM.
PLEASE NOTE: FOR U.S. USERS, SECTION 26 CONTAINS AN ARBITRATION AGREEMENT. THIS ARBITRATION AGREEMENT, WITH LIMITED EXCEPTION, REQUIRES YOU TO SUBMIT DISPUTES AND CLAIMS YOU HAVE AGAINST BETTER BURGER FUNDRAISER TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS. PLEASE READ IT CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING, IF APPLICABLE, YOUR RIGHT TO OPT OUT OF ARBITRATION.
BY ACKNOWLEDGING THE TERMS OF SERVICE AND/OR USING THE BETTER BURGER FUNDRAISER PLATFORM, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THIS AGREEMENT AND YOU ACCEPT ALL OF ITS TERMS.
Your use of the Better Burger Fundraiser Platform in a country other than the U.S. constitutes your acceptance of and agreement to all of the terms and conditions in the Agreement for that country. A few highlights of these Terms of Service include:
The Better Burger Fundraiser Platform is a fundraiser booking and management platform that enables seamless connections between community organizations and Five Guys restaurant locations. Better Burger Fundraiser provides tools for organizations to discover participating locations, book fundraiser events, and track their fundraising progress.
The platform facilitates the scheduling and coordination of fundraiser events, including date selection, approval workflows, and promotional material generation — streamlining the fundraising process for organizations and restaurant locations alike.
Better Burger Fundraiser is built as a flexible and evolving platform, designed to iterate with customer needs. While the solution may evolve based on real-world use cases, its core mission remains the same: to simplify and optimize the fundraiser booking process, providing both organizations and restaurant locations with a scalable way to support their communities.
Users may be subject to a review process before they can register for and during their use of the Better Burger Fundraiser Platform, which may include but is not limited to: identity verification and other checks, using third party services as appropriate ("Background Checks"). Although Better Burger Fundraiser may perform Background Checks, Better Burger Fundraiser cannot confirm that each User is who they claim to be, and Better Burger Fundraiser cannot and does not assume any responsibility for the accuracy or reliability of Background Check information.
When interacting with other Users, you should exercise caution and common sense to protect your personal safety, data, and property, just as you would when interacting with other persons whom you don't know. Better Burger Fundraiser will not be liable for any false or misleading statements made by Users of the Better Burger Fundraiser Platform.
NEITHER BETTER BURGER FUNDRAISER, NOR ITS PARENTS, AFFILIATES OR LICENSORS, INCLUDING THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, AGENTS, INVESTORS, SUBSIDIARIES, ATTORNEYS, REPRESENTATIVES, INSURERS, EMPLOYEES, SUCCESSORS AND ASSIGNS (COLLECTIVELY REFERRED TO AS "AFFILIATES") IS RESPONSIBLE OR LIABLE FOR THE CONDUCT, ACTS, OR OMISSIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE BETTER BURGER FUNDRAISER PLATFORM AND, TO THE EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE BETTER BURGER FUNDRAISER AND AFFILIATES FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, OR DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE BETTER BURGER FUNDRAISER PLATFORM.
All Users represent and warrant that:
You acknowledge and agree that a legally binding agreement with another User is formed when you and that User agree on the terms of a fundraiser booking. Better Burger Fundraiser is not a party to any such agreement and the formation of such agreement will not, under any circumstances, create an employment or other service relationship between Better Burger Fundraiser and any User. Users do not have authority to enter into written or oral — whether implied or express — contracts on behalf of Better Burger Fundraiser.
Users of the Better Burger Fundraiser Platform contract for services directly with other Users. Better Burger Fundraiser will not be a party to any contracts for services. Better Burger Fundraiser is a web-based platform that facilitates fundraiser event coordination between organizations and restaurant locations.
Users of the Better Burger Fundraiser Platform will be liable for any taxes required to be paid in connection with services provided under the Agreement.
The Better Burger Fundraiser Platform may contain profiles, email systems, message boards, reviews, ratings, chat areas, forums, communities and/or other message or communication facilities ("Public Areas") that allow Users to communicate with other Users. You may only use such community areas to send and receive messages and materials that are relevant and proper to the applicable forum.
Without limitation, the Better Burger Fundraiser Platform may not be used for any of the following purposes:
While using the Better Burger Fundraiser Platform, you may not:
By installing the App(s), you consent to the installation of the App(s) and any updates or upgrades that are released through the Better Burger Fundraiser Platform. The App (including any updates or upgrades) may (i) cause your device to automatically communicate with Better Burger Fundraiser's servers to deliver the App functionality and to record usage metrics, (ii) affect App-related preferences or data stored on your device, and (iii) collect personal information as set out in our Privacy Policy. You can uninstall the App(s) at any time.
Better Burger Fundraiser may suspend your right to use the Better Burger Fundraiser Platform pending its investigation of a potential breach by you of this Agreement. Better Burger Fundraiser may deactivate your account or limit your use of the Better Burger Fundraiser Platform upon its determination that you breached a provision of this Agreement (a "User Breach"). Better Burger Fundraiser will provide you with written notice of its determination. If you wish to appeal this determination, please contact admin@betterburgerfundraiser.com within 14 days of receipt of such notice with the grounds for your appeal.
If Better Burger Fundraiser suspends or deactivates your account or limits your use of the Better Burger Fundraiser Platform pursuant to this Section, you are thereafter prohibited from registering and creating a new account under your name or business name, a fake or borrowed name, or the name of any third party.
Even after your right to use the Better Burger Fundraiser Platform is suspended, terminated or limited, this Agreement will remain enforceable against you. Better Burger Fundraiser reserves the right to take appropriate legal action pursuant to the Agreement.
You may terminate this Agreement at any time by ceasing all use of the Better Burger Fundraiser Platform and deactivating your account. All parts of this Agreement which by their nature should survive the expiration or termination of this Agreement shall continue in full force and effect.
You must register with Better Burger Fundraiser and create an account to use the Better Burger Fundraiser Platform. You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any log-in, password, and account number provided by you or given to you by Better Burger Fundraiser for accessing the Better Burger Fundraiser Platform. You are solely and fully responsible for all activities that occur under your password or account, even if not authorized by you. Better Burger Fundraiser has no control over the use of any User's account and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you agree to notify Better Burger Fundraiser immediately.
You verify that any contact information provided to Better Burger Fundraiser, including, but not limited to, your name, business name, mailing address, email address, and telephone number, is true and accurate. If we discover that any information provided in connection with your registration is false or inaccurate, we may suspend or deactivate your account. Should any of your contact information change, you agree to immediately notify Better Burger Fundraiser.
"User Generated Content" is defined as any information and materials you provide to Better Burger Fundraiser, its corporate partners, or other Users in connection with your registration for and use of the Better Burger Fundraiser Platform. You are solely responsible for User Generated Content, and we act merely as a passive conduit for your online distribution and publication of your User Generated Content. You acknowledge and agree that Better Burger Fundraiser is not involved in the creation or development of User Generated Content, disclaims any responsibility for User Generated Content, and cannot be liable for claims arising out of or relating to User Generated Content. Further, you acknowledge and agree that Better Burger Fundraiser has no obligation to monitor or review User Generated Content, but reserves the right to limit or remove User Generated Content if it is not compliant with the terms of this Agreement.
The Better Burger Fundraiser Platform may contain links to third-party websites. Such links do not constitute endorsement by Better Burger Fundraiser or association with those websites, their content or their operators. Such links are provided as an information service, for reference and convenience only. Better Burger Fundraiser does not control any such websites, and is not responsible for their availability, accuracy, content, advertising, products, or services. It is your responsibility to evaluate the content and usefulness of the information obtained from other websites.
You may terminate this Agreement at any time by cancelling your account and/or ceasing to access and use the Better Burger Fundraiser Platform. If you change your mind, you may be able to reactivate your account by logging in with your login details and following the instructions to reactivate. However, Better Burger Fundraiser doesn't guarantee that your profile information or information about your past activities will be preserved.
Unless Better Burger Fundraiser is required to close your account for legal reasons or for evidence-keeping reasons, Better Burger Fundraiser will keep your information on your account for a limited period of time, i.e. minimum of 1 month, even though your account will remain inactive. After that period, your account and all of your information will be deleted completely.
Better Burger Fundraiser may suspend, or limit your access to the Better Burger Fundraiser Platform at any time in connection with any investigation of (a) suspected breach of this Agreement; (b) suspected illegal activity; (c) suspected infringing, abusive or otherwise harmful or objectionable material, or activity; or (d) requests from law enforcement, regulators or rights holders. Better Burger Fundraiser may also terminate your account permanently, without any liability to you, if (i) Better Burger Fundraiser believes that you have been engaged in violations or breaches of this Agreement, (ii) Better Burger Fundraiser believes that you have been engaged in an unlawful activity, (iii) you haven't accessed the Better Burger Fundraiser Platform for a continuous period of twelve months, or (iv) for other reasonable reasons.
Better Burger Fundraiser is the owner or legitimate licensee of all Intellectual Property Rights in the Better Burger Fundraiser Platform, including all of its features, functionalities and software, except for User Generated Content. All of those Intellectual Property Rights are reserved. You agree not to modify, distribute, copy, transmit, display, perform, reproduce, publish, license, or transfer any content on the Better Burger Fundraiser Platform or create derivative works from it.
Better Burger Fundraiser's trademarks, logos and service marks, as they may appear on the Better Burger Fundraiser Platform from time to time (collectively, the "Better Burger Fundraiser Trademarks") are trademarks or registered trademarks of Better Burger Fundraiser. Nothing contained in the Better Burger Fundraiser Platform should be construed as granting you any license or right to use the Better Burger Fundraiser Trademarks. Unauthorised copying, modification, use or publication of the Better Burger Fundraiser Trademarks is strictly prohibited.
If you believe that your intellectual property rights have been infringed, please notify Better Burger Fundraiser at Interviewy Inc., 651 N Broad St, Suite 206, Middletown, Delaware 19709.
For us to properly investigate your complaint, please send the following information:
As a User, you may come into contact with information that is of a confidential nature ("Confidential Information"). You agree to: (a) maintain all Confidential Information in strict confidence; (b) not disclose Confidential Information to any third parties; and (c) not use Confidential Information except for performance of the service concerning which the Confidential Information was disclosed to you. Furthermore, you agree to protect the Confidential Information using at least the same degree of care as you use to protect your own confidential and proprietary information of similar nature and importance, but in no event less than reasonable care.
THE TECHNOLOGY OF THE BETTER BURGER FUNDRAISER PLATFORM IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. BETTER BURGER FUNDRAISER MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED THROUGH THE BETTER BURGER FUNDRAISER PLATFORM OR THE CONTENT OF ANY SITES LINKED TO THE BETTER BURGER FUNDRAISER PLATFORM AND ASSUMES NO LIABILITY OR RESPONSIBILITY IN CONTRACT, WARRANTY OR IN TORT FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE BETTER BURGER FUNDRAISER PLATFORM, (III) ANY ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; AND (IV) EVENTS BEYOND OUR REASONABLE CONTROL.
You acknowledge and agree that Better Burger Fundraiser is only willing to provide the Better Burger Fundraiser Platform if you agree to certain limitations of our liability to you and third parties. Therefore, you agree not to hold Better Burger Fundraiser and Affiliates, or their corporate partners, liable for any claims, demands, damages, expenses, losses, governmental obligations, suits, and/or controversies of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, direct, indirect, incidental, actual, consequential, economic, special, or exemplary, including attorney's fees and costs (collectively, "Liabilities") that have arisen or may arise, relating to your or any other party's use of or inability to use the Better Burger Fundraiser Platform.
UNDER NO CIRCUMSTANCES WILL BETTER BURGER FUNDRAISER AND AFFILIATES OR THEIR CORPORATE PARTNERS BE LIABLE FOR, AND YOU HEREBY RELEASE BETTER BURGER FUNDRAISER AND AFFILIATES AND THEIR CORPORATE PARTNERS FROM ANY DIRECT, INDIRECT, INCIDENTAL, ACTUAL, CONSEQUENTIAL, ECONOMIC, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY BETTER BURGER FUNDRAISER, THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR ATTORNEYS FEES AND COSTS) ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF OR INABILITY TO USE THE BETTER BURGER FUNDRAISER PLATFORM, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME.
You hereby agree to indemnify, defend, and hold harmless Better Burger Fundraiser and Affiliates from and against any and all Liabilities incurred in connection with (i) your use or inability to use, or your participation on, the Better Burger Fundraiser Platform; (ii) your breach or violation of this Agreement; (iii) your violation of any law, or the rights of any User or third party; (iv) your failure to abide by your representations and warranties in Section 2; and (v) any content submitted by you or using your account to the Better Burger Fundraiser Platform. Better Burger Fundraiser reserves the right, in its own sole discretion, to assume the exclusive defense and control at its own expense of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the prior written consent of Better Burger Fundraiser.
To expedite resolution and reduce the cost of any dispute, controversy or claim related to, arising from or regarding your use of the Better Burger Fundraiser Platform, your relationship with Better Burger Fundraiser, Interviewy, or this Agreement (including previous versions), ("Dispute"), you and Better Burger Fundraiser agree to first attempt to negotiate any Dispute (except those Disputes expressly excluded below) informally for at least 30 days before initiating any out of court settlement arbitration or court proceeding. Such informal negotiations will commence upon written notice. Your address for such notices is the one associated with your account, with an email copy to the email address you have provided to Better Burger Fundraiser. Better Burger Fundraiser's address for such notice is Attention: Legal, Interviewy Inc., 651 N Broad St, Suite 206, Middletown, Delaware 19709.
You acknowledge and agree that by clicking on the button labeled "SUBMIT", "REGISTER", "BOOK", "CONTINUE", "I ACCEPT" or similar links which require the User click to access Better Burger Fundraiser services, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by these Terms of Service. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the "E-Sign Act"), YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE BETTER BURGER FUNDRAISER PLATFORM.
Any notice, request, demand or other communication related to this Agreement from Better Burger Fundraiser will be made to the email address associated with your account ("Notice"). Such Notice shall be effective when sent, even if you have not actually received or read the Notice. You agree to regularly check your account for such Notices. Notice from you to Better Burger Fundraiser shall be effective once received by Better Burger Fundraiser at 651 N Broad St, Suite 206, Middletown, Delaware 19709.
PLEASE NOTE: THIS AGREEMENT GOVERNS HOW DISPUTES BETWEEN YOU AND BETTER BURGER FUNDRAISER CAN BE RESOLVED. IT CONTAINS A BINDING AND FINAL ARBITRATION PROVISION AND CLASS ACTION WAIVER. PLEASE READ CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING, IF APPLICABLE, YOUR RIGHT TO OPT OUT OF ARBITRATION.
You acknowledge that by voluntarily providing your telephone number(s), you expressly agree to receive calls or text messages (which may include prerecorded voice messages, and/or autodialed calls) from Better Burger Fundraiser and Affiliates related to promotions, your account, registration, upcoming or scheduled fundraiser events, product alterations, changes and updates, service outages, reminders, and/or your relationship with Better Burger Fundraiser. You acknowledge that automated calls or text messages may be made to your telephone number(s) even if your telephone number(s) is registered on any state or federal Do Not Call list.
Your consent to receive automated calls and texts is completely voluntary. You may opt-out at any time. To opt-out of text messages, text STOP to any text message you receive or email admin@betterburgerfundraiser.com and specify that you want to opt out of text messages. Please allow up to thirty (30) days to process any opt-out request.
PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS AND GOVERNS HOW YOU AND BETTER BURGER FUNDRAISER CAN BRING CLAIMS COVERED BY THIS ARBITRATION AGREEMENT. THIS SECTION WILL, WITH LIMITED EXCEPTION, REQUIRE YOU AND BETTER BURGER FUNDRAISER TO SUBMIT CLAIMS TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS.
Except as otherwise set forth in this Agreement, you and Better Burger Fundraiser each waive the right to (a) a jury trial; and (b) to participate in a class action in any way in court or in class-wide arbitration, either as a class representative, class member or class opponent ("Class Action Waiver"). Except for a claim involving intellectual property, you agree to resolve any Dispute you have with Better Burger Fundraiser, whether or not the Dispute has been previously resolved, through (in order) informal negotiation, mediation administered by the American Arbitration Association under its mediation procedures in effect at that time, and binding arbitration in accordance with the Federal Arbitration Act, administered by the American Arbitration Association (AAA) in accordance with its Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer-Related Disputes (collectively "AAA Rules"), as modified by this Agreement.
TO THE EXTENT APPLICABLE, YOU HEREBY WAIVE THE PROTECTIONS OF CALIFORNIA CIVIL CODE § 1542, WHICH READS AS FOLLOWS:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY."
If you are not a California resident, you waive your rights under any statute, regulation, or common law principle similar to Section 1542 that governs your rights in the jurisdiction of your residence.
These U.S. Terms of Service shall be governed by the laws of the State of Delaware, without giving effect to any principles of conflicts of law. You agree that any claim or dispute between you and Better Burger Fundraiser that arises in whole or in part from your use of the Better Burger Fundraiser Platform shall be decided exclusively by a court of competent jurisdiction located in Delaware. You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of Delaware.
These U.S. Terms of Service constitute the entire agreement between you and Better Burger Fundraiser regarding your use of the Better Burger Fundraiser Platform, and supersede all prior agreements between you and Better Burger Fundraiser regarding the subject matter hereof. The failure of Better Burger Fundraiser to exercise or enforce any right or provision of these U.S. Terms of Service shall not constitute a waiver of such right or provision. If any provision of these U.S. Terms of Service is found by a court of competent jurisdiction to be invalid, the parties 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 U.S. Terms of Service remain in full force and effect. You may not assign these U.S. Terms of Service without the prior written consent of Better Burger Fundraiser, but Better Burger Fundraiser may assign these U.S. Terms of Service without restriction. Notice may be provided to you via email at the address associated with your account, via the Better Burger Fundraiser Platform, or by postal mail at the address in your account. Provisions that, by their nature, should remain in effect beyond the termination of these U.S. Terms of Service shall survive termination.