Updated September 27 2021
Welcome to hereisbetter.org (the “Site”), a website operated by PIR Film Assets, LLC (“PIR”, “we”, “us”, or “our”). If you are reading this agreement, you are probably familiar with our website, buttons, menus or tools (collectively, the “PIR service”).
As the PIR Service and PIR offerings evolve, we may need to modify these Terms from time to time. You agree that we may modify these Terms at any time. Therefore, you should review these Terms regularly to learn about any changes. Your ongoing use of hereisbetter.org after we post changes to this Agreement means that you accept the new Terms.
You have the following responsibilities when you use this website. You must comply with all applicable laws and these Terms. You may not violate the rights of others.
General Rules of Conduct
It is our goal to make the use of our Site and Services a good experience for all of our Users. With this in mind, we have formulated these rules of conduct.
You agree not to, nor allow anyone accessing the Site to
Conduct or promote any illegal activities while using the Site;
Upload, distribute, post, transmit or otherwise make available, including through the website, any Content or information that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, harmful to minors in any way, or racially, ethnically or otherwise objectionable;
Attempt to gain access to secured portions of the Site or Services to which You do not possess access rights;
Load or transmit any form of virus, worm, Trojan horse, or other malicious code;
Promote or advertise any item, good or service that (i) violates any applicable federal, state, or local law or regulation, or (ii) PIR determines, in its sole discretion, is inappropriate to be promoted through the Site;
Use the Site to generate unsolicited email advertisements or spam;
Use any automatic, electronic or manual process to access, search or harvest information from the Site, or to interfere in any way with the proper functioning of the Site.
Use the Site to stalk, harass or harm another individual;
Use any robot, spider, other automatic device, or manual process to extract, “screen scrape,” monitor, “mine,” or copy any static or dynamic web page on the Site or Services, or any content contained on any such web page for commercial use without our prior express written permission;
Impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; or
Mirror or frame the Site or any portion of the Site, place popup windows over its pages, or otherwise affect the display of its pages.
By using the website, you agree to this policy.
Modifications to the Site and Services
We reserve the right to modify or discontinue the Site with or without notice to you. We will not be liable to you or any third party should we exercise our right to modify or discontinue the Site. If you object to any such changes, your sole recourse will be to cease access to the Site. Continued access to the Site following notice of any such changes will indicate your acknowledgement of such changes and satisfaction with the Site as so modified. You agree that we, in our sole discretion, may immediately terminate your access to the Site at any time, for any reason, in our sole discretion. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SITE.
Disclaimer of warranties
WE PROVIDE hereisbetter.org “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE.” WE DO NOT GUARANTEE THE ACCURACY OR TIMELINESS OF HEREISBETTER.ORG. WE GIVE NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. WE DISCLAIM ANY IMPLIED WARRANTIES, INCLUDING THOSE OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT AND NONINFRINGEMENT.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US OR YOUR USE OF HEREISBETTER.ORG IS TO DISCONTINUE YOUR USE OF THE SERVICE. WE, OUR OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS, SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE, OR RELIANCE UPON THE WEBSITE OR PIR, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to defend, indemnify, and hold harmless us, our owners, employees,
representatives and agents from all liabilities, claims, and expenses including attorney’s fees that arise from your use or misuse of HEREISBETTER.ORG.
These terms make up the entire agreement between you and us regarding your use of hereisbetter.org. We may assign this contract, in whole or in part, at any time, with or without notice to you. You may not assign this contract, or any part of it, to any other person. You agree that the laws of the State of Florida govern these terms and any claim or dispute that you may have against us. You further agree that any disputes or claims that You may have against Us will be resolved by a court located in Palm Beach County, and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. If for any reason a court finds that any provision or portion of these terms is unenforceable, the remainder of these terms will continue in full force and effect
Updated September 27, 2021
Collection of Information
Information You Provide To PIR
ALL AND ANY INFORMATION PROVIDED TO US OR OBTAINED BY US IS, AT ALL TIMES, SUBJECT TO APPLICABLE LAW, INCLUDING WITHOUT LIMITATION, THE HEALTH INSURANCE PORTABILITY & ACCOUNTABILITY ACT OF 1996 (“HIPAA”) PRIVACY & SECURITY RULES (http://www.hhs.gov/ocr/privacy/).
In General. While PIR does not generally require that you provide us with personally identifiable information in order to visit and use the Website, please note that in order to participate in some future activities, such as chat rooms or bulletin boards, we may ask you to provide information that could reasonably be used to contact you or to identify you personally (such as first and last name, email address, mailing address and telephone number) (“Personal Information” ). We may also ask you to provide other information about yourself, such as demographic information (such as gender, geographic region, age, etc.) or certain information about your preferences and interests. If you choose not to provide such Personal Information or other information to us, you may not be able to participate in certain activities we offer. If we combine demographic or other information we collect about you with Personal Information about you, we will treat the combined information as Personal Information.
Individuals Under 13. The Website is open to all individuals. We do not knowingly collect or permit the collection, storage or use of any Personal Information from anyone under 13. If you are a parent or guardian who knows or has discovered that your child under the age of 13 has submitted his or her Personal Information or other information without your consent, permission or authorization, upon request, we will promptly: (a) provide direct notice to you indicating what, if any, Personal Information of your child has been collected and how it has been used and/or disclosed; (b) remove your child’s
Personal Information or other information from our database, cease the use of such information and direct any other party with access to such information to do the same; and (c) by notice to you, confirm compliance with the foregoing.
Information PIR Collects Automatically
In addition to any Personal Information or other information that you choose to provide to us via the Website, whenever you visit or interact with the Website, PIR may automatically collect certain information such as your IP address and/or another unique identifier (” Device Identifier”) for the computer, mobile device, technology or other device (“Device”) you use to access the Website and any referring website. (A Device Identifier is a number that is automatically assigned to your Device when you access a website or its servers. Our computers identify your Device by its Device Identifier.) Some mobile service providers may also provide us or our thirdparty service providers with information regarding the physical location of the Device used to access the Websites.
In addition, PIR, as well as certain thirdparty analytics and other service providers, may use a variety of technologies that automatically or passively collect information about how you use the Websites (“Usage Information” ). Usage Information may include, in part, browser type, operating system, the page served, the time at which a page was accessed and/or the time spent on a page, and the preceding pages views. Usage Information is generally nonidentifying, but if PIR associates it with you as a specific and identifiable person, we will treat it as Personal Information.
Cookies and Other Tracking Technologies.
The technologies used on the Website to collect Usage Information, including Device Identifiers, may include:
Cookies. “Cookies” (which may be html files, Flash files or other technology) are small text files that help store user preferences and activity. A Cookie is placed on a Device when it is used to visit the Website or otherwise access our online offering. Cookies may be used for many purposes, such as remembering you and your preferences, tracking your visits to our web pages and customizing your Website experience. If you choose to disable cookies on your Device, some features of our Website or our online offerings may not function properly.
Web Beacons. “Web beacons” (also known as image tags, pixel tags, GIFS or web bugs) are small pieces of code used to collect advertising data, such as counting page views, promotion views or advertising responses. Web beacons or similar technologies may be used for a number of purposes, including, without limitation, to count visitors to the Website, to monitor how users navigate the Website, to count how many sent emails were actually opened or to determine whether content sent was actually viewed.
Embedded Scripts. An embedded script is programming code that is designed to collect information about your interactions with the Website, such as the links you click on. The code is temporarily downloaded onto your Device from our server or a third party service provider, is active only while you are connected to the Websites, and is deactivated or deleted thereafter.
Information PIR Receives From Third Parties
Social Media Applications
Functionality on the Website may permit interactions between such Website and a thirdparty website, such as enabling you to “like” a product or “share” content to thirdparty websites. If you choose to “like” or “share” content or to otherwise post information from or via the Websites to a thirdparty website, feature or application, that information may become public and the thirdparty web site may have access to information about you and your use of the Website.
You may also choose to participate in a third party application or feature (such as one of our Facebook applications, if any, or a similar application or feature on a thirdparty website) through which you allow us to collect and share (or the third party to share) information about you, including Personal Information. The third party may allow you to remove the application or feature, in which case we will no longer collect information about you through the application or feature, but we may retain the information previously collected. In addition, we may receive information about you if other users of a thirdparty website give us access to their profiles and you are one of their “connections,” or if information about you is otherwise accessible through your “connections” web page, profile page, or similar page on a social networking or other thirdparty website or interactive service.
Legal Protections and Law Enforcement. We may transfer and disclose information, including your Personal Information, Usage Information and Device Identifier (including IP address), to third parties: (i) to comply with legal obligations; (ii) when we believe in good faith that the law requires it; (iii) at the request of governmental authorities conducting an investigation; (iv) to verify or enforce our T erms & Conditions or other applicable policies; (v) to respond to an emergency; or (vi) to otherwise protect the rights, property, safety or security of third parties, visitors to the Website or the public. We may also use Device Identifiers to identify users, and may do so in cooperation with copyright owners, Internet service providers, wireless service providers or law enforcement agencies, in our discretion. Such disclosures may be carried out without notice to you.
PIR uses commercially reasonable safeguards to help protect and secure your Personal Information, and we use reasonable efforts to obtain the agreement of our Affiliates and thirdparty service providers to take steps to protect the confidentiality, security, and integrity of Personal Information we share with them. However, no electronic data
transmission or storage of information can be guaranteed to be 100% private and secure. Please be careful to avoid ‘phishing’, where someone may send you an email that looks like it is from PIR asking for your Personal Information. PIR will never request your Personal Information through email. You understand that any message or information you send to a Website may be read or intercepted by others. PIR does not ensure or warrant the security of any information you transmit to us, and you use the Websites and provide us with your information at your own risk.
Consent to Processing
The Website is operated in the United States. If you are located outside of the United States, please be aware that information we collect will be transferred to and processed in the United States. By using the Website, or providing us with any information, you fully understand and unambiguously consent to this transfer, processing and storage of your information in the United States, a jurisdiction in which the privacy laws may not be as comprehensive as those in the country where you reside and/or are a citizen.