Terms of Service

CartInsight.io is a website operated by Ready, a business of Better Industries Inc.

The following terms and conditions ("Terms of Service") govern all use of the cartinsight.io website (the "Website) and all content, services, features, activities, and products available at or through the Website. Please read these Terms of Service carefully before using the Services.

BY USING OR ACCESSING THE SERVICES, CLIENT (as defined in Service Purchase Letter) AGREES TO BE BOUND BY THIS TERMS OF SERVICE AND ALL TERMS, POLICIES, AND GUIDELINE INCORPORATED IN THE TERMS OF SERVICE BY REFERENCE. THIS AGREEMENT IS LEGALLY BINDING AND CONDITIONS YOUR USE OF THE SERVICES. If Client does not agree to all the terms and conditions of this Agreement, they may not use the Services.

Description of Services

CartInsight.io collects and analyzes millions of online stores and websites to build a curated and cleansed database of online stores with their detailed contact information and technology usage profiles. All this is available via the CartInsight web application.

Intellectual Property

Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. Subject to any specified licenses, all our intellectual property rights are reserved.

Usage of website

You may view all the data on CartInsight.io and download the data allowed for download by CartInsight.io but

• You may not resell or republish or copy of store any data or material from this website in any public or private system
• You may not duplicate, sell, visit or exploit the website for commercial purposes without our explicit permission

Accounts

You may not create duplicate accounts on CartInsight.io and in any way or form abuse the system.

Limitation of Liability

Neither party shall be liable to each other or any entity claiming through or under the other party, whether as a result of single or multiple claims, for any loss of profit or income or any consequential, incidental, special, punitive, or indirect damages, whether in an action for contract or tort, in connection with this agreement, even if the applicable party has been advised of the possibility of such damages. Furthermore, excluding claims for willful misconduct, or fraud, in no event shall either party's total liability for any cause of action, claims, damages, fees or expenses exceed, in the aggregate, the amount of fees paid by Client in the twelve (12) months prior to the date the cause of action arose.

Warranties

Except for those warranties expressly made hereunder, CartInsight.io expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, or results to be obtained by partner in connection with the use of the Services. Provided Client has not otherwise violated this Terms of Service, including Section 3 hereof, CartInsight.io represents and warrants that services provided to Client will not infringe the intellectual property rights of either party or third parties, or violate any applicable law or regulation.

Confidentiality

During the term and for a period of three years after the expiration or termination of this Agreement, neither party will disclose the other's Confidential Information without the other's written consent except (a) to obtain advice from legal or financial consultants, or (b) if compelled by law, in which case the disclosing party will use commercially reasonable efforts to give the other party notice of the requirement so the disclosure can be contested. Each party will take reasonable precautions to safeguard the other's Confidential Information, which will be at least as great as those the party takes to protect its own Confidential Information, but in no event less than reasonable care. Each party will disclose the other's Confidential Information to its employees, agents, representatives and consultants (each, a "Representative") only on a need-to-know basis and subject to reasonable confidentiality obligations upon such persons. When Confidential Information is no longer necessary to perform any obligation under this Agreement, each party will return it to the other or destroy it at the other's request. "Confidential Information" means information marked or otherwise identified in writing by a party as proprietary or confidential or that, under the circumstances surrounding the disclosure, ought reasonably be known to constitute proprietary or confidential information. Confidential Information of CartInsight.io includes, but is not limited to, non-public information regarding the operation of the Service and the terms of this Service Agreement. Confidential Information does not include information which: (a) the recipient developed independently; (b) the recipient rightfully knew before receiving it from the disclosing party; or (c) is or subsequently becomes publicly available or is received from another source, in both cases other than by a breach of an obligation of confidentiality.

Applicable Law

The laws of the United States and, specifically, those of the state of California, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between Client and CartInsight.io or its affiliates. Any dispute or claim arising out of or in connection with this Agreement shall be adjudicated in Santa Clara County, California. Notwithstanding any provisions herein, CartInsight.io may seek injunctive relief in any court of competent jurisdiction.

Arbitration

Certain portions of this Section are deemed to be a "written agreement for arbitration" pursuant to the Federal Arbitration Act. Client and CartInsight.io agree that they intend that this Section satisfies the "writing" requirement of the Federal Arbitration Act. If any controversy, allegation, or claim arises out of or relates to the Services, the Website, or this Agreement, then either Client or CartInsight.io may elect to submit the Dispute to be finally and exclusively resolved by binding arbitration before a sole arbitrator in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association. If an in-person arbitration hearing is required, then it will be conducted in Santa Clara County, California.

Notices & Communication

All notices given in accordance with the provisions of this Agreement shall be in writing and sent by first class mail or email, to the addresses indicated in the attached Service Purchase Letter, or such other address as either party may indicate by at least ten (10) days prior written notice to the other party. The Parties agree to receive electronic documents and accept electronic signatures (information attached or logically associated with such document and clicked or otherwise adopted with an intent to sign) including in counterparts which shall be valid substitutes for paper-based documents and signatures, and the legal validity of a transaction will not be denied on the ground that it is not in writing. Any notices to CartInsight.io must be sent to: Ready, a business of Better Industries Inc, 16192 Coastal Hwy, Lewes, DE 19958

Severability

If any term of this Agreement is, for any reason, held to be invalid, unenforceable, or contrary to public policy, law, statute and/or ordinance, then the remainder of this Agreement shall not be affected by such determination and shall remain valid and fully enforceable.

Use of Client Logos

Client grants CartInsight.io the right to use the Client's logo. CartInsight.io may not modify or change the logo in any way and the logo may only be used for purposes of identifying Client as a CartInsight.io customer. The logo shall not be used in any manner, which may be considered, in Client's sole discretion, disparaging or negative. Client has the right to revoke the license to use logo at any time in its sole discretion.