Description of Service and Parties

These Terms of Use are a legal document designed to protect your rights and the rights of Best Attendance (hereafter, the Subscription Provider), a sole proprietorship in Minnesota, with regards to the Best Attendance service, software, documentation, and incidental intellectual property (hereafter, Best Attendance).  Using Best Attendance constitutes your acceptance of these terms.  If you do not consent to these terms, please contact the Subscription Provider to have your account cancelled and further charges against your credit card stopped.

Best Attendance is an online subscription service which allows community leaders to track membership and attendance of their organizations.  The service can be accessed through the internet at https://secure.bestattendance.com.

Free Trial Period

When you subscribe to the Best Attendance service, you will enter personal information, including your name and email address.  You will have 45 days to use the service at no charge.  Your credit card will not be charged until the end of your trial period.

Plan Levels

There are several subscription levels.  The level you subscribe to determines what features of Best Attendance you may use, and how much of some particular features you may use.  The Subscription Provider reserves the right to change subscription level features, quotas, and pricing at any time, with or without notice.

Billing

You agree to pay the Subscription Provider a monthly or annual fee, in advance, for your use of the service.  The monthly or annual fee depends on which subscription plan you sign up for, and is disclosed prominently on the Pricing page and the interface of the website.  The Subscription Provider hereby agrees to waive the service fee for the first 45 days of your use of the service.  If you do not cancel your account within 45 days of creating it, the Subscription Provider will charge your credit card immediately after your trial period ends.  You will be automatically charged thereafter on a monthly or annual basis.

Free Text Messaging

  1. Your organization may send up to 300 text messages per calendar month, regardless of your billing date.
  2. You must have a current, paid subscription to Best Attendance to send free text messages. Free trial accounts are not eligible for free text messaging.
  3. A text message is defined as a single message sent to a single recipient. For example, if you send a single message to 20 people, that counts as 20 of your free monthly credits.
  4. Forwarded replies to your original text messages do not count against your free monthly limit.

Paid Text Messaging

  1. You may purchase additional text credits. Your free monthly credits are always used before your prepaid credits are used.
  2. You are not charged for forwarded replies to your original text messages.
  3. Messages are sent to the phone numbers in the member profiles. Best Attendance will attempt to send messages to each member you add on the Communications page when you send the message. You will be charged for all delivery attempts, including messages that are undeliverable. Messages may be undeliverable for the following reasons:
    • The member’s phone number was entered into Best Attendance incorrectly.
    • The member’s phone does not accept text messages.
    • The member’s phone service has been discontinued.
    • Technical problems with the telecommunications infrastructure
  4. Only the account owner may send text messages. This is to prevent unauthorized users from creating charges on the account owner’s credit card.

Your Use of Best Attendance

You are forbidden from: using the service in a manner contrary to the law, including copying or distributing copyrighted materials; using the service in any manner which disrupts the Subscription Provider’s operations or any other users’ use of the service; using the service to contact someone with whom you do not have a pre-existing relationship; entering or storing contact details in the service for any person from whom you do not have consent to record contact details; and, collecting, entering, or viewing personal information for any individual 13 years of age or younger without the express consent of the child’s legal parent or guardian.

You must be 18 years of age or older to subscribe to the Best Attendance service.  Individuals under the age of 18 may utilize the service only with the permission and supervision of an end user over the age of 18.

You are responsible for maintaining the confidentiality of your account and password and for restricting access to your Best Attendance account to yourself and people you explicitly authorize to use your subscription.

You are solely responsible for using the Best Attendance service in accordance with the laws of your own jurisdiction, including health, education, and consumer privacy laws.

Intellectual Property Rights

Title, ownership rights, and intellectual property rights in and to Best Attendance shall remain in the Subscription Provider.  These Terms of Service do not grant you any intellectual property rights in the software.  This software is protected by international copyright treaties.  You may not copy, distribute, sell, or make derivative works from any information obtained through the Best Attendance service.

Limitation of Liability

THE SUBSCRIPTION PROVIDER CANNOT GUARANTEE CONTINUOUS SERVICE, SERVICE AT ANY PARTICULAR TIME, INTEGRITY OF DATA, INFORMATION OR CONTENT STORED OR TRANSMITTED VIA THE INTERENT.  BEST ATTENDANCE WILL NOT BE LIABLE FOR ANY UNAUTHORIZED ACCESS TO, OR ANY CORRUPTION, ERASURE, THEFT, DESTRUCTION, ALTERATION OR INADVERTANT DISCLOSURE OF, DATA, INFORMATION, OR CONTENT TRANSMITTED, RECEIVED OR STORED ON ITS SYSTEM.  THE SUBSCRIPTION PROVIDER SPECIFICALLY DISCLAIMS CONFIDENTIALITY OF ANY INFORMATION WHICH IS TRANSMITTED VIA THE INTERNET.  YOU ACKNOWLEDGE THAT INFORMATION TRANSMITTED ONLINE MAY BE INTERCEPTED AND RECORDED BY THIRD PARTIES, INCLUDING PARTIES OTHER THAN THOSE YOU INTEND THE INFORMATION TO BE RECEIVED BY.  YOU HOLD THE SUBSCRIPTION PROVIDER HARMLESS FOR ANY DISCLOSURE OF SUCH INFORMATION.

Disclaimer of Warranties

This software is provided on an AS IS basis, without warranty of any kind, including without limitation any implied warranties of merchantability or fitness for a particular purpose, and all such warranties are expressly and specifically disclaimed.  THE SUBSCRIPTION PROVIDER IS NOT RESPONSIBLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THIS SOFTWARE.  This remains true even if the Subscription Provider has been advised of the possibility of such damages or claims.  The person using this software bears all risk as to the utility and performance of this software.

Indemnification

You agree to indemnify and hold harmless Best Attendance, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to out of your violation this Agreement.

Termination

Either party may terminate this agreement, with or without notice, for any reason or no reason.  You may cancel the service through the Best Attendance service or by sending an email to the Subscription Provider.  When you cancel a subscription, your access to the service is immediately terminated, and no refunds are issued for time any time remaining in your billing period.

The Subscription Provider reserves the right to terminate or restrict your use of Best Attendance, without notice, for any or no reason.  The Subscription Provider may deny use of the service to any person for any reason or no reason.  You may cancel your use of the service at any time, either through the service itself or by sending an email to the Subscription Provider.  Regardless of which party terminates the use of the service, unused time immediately expires, and is not eligible for a refund.

Changes to Terms of Service

The Subscription Provider reserves the right, from time to time, with or without notice to you, to change these Terms of Use.  The most recent version of these Terms of Use is viewable on the Best Attendance website.\r\n\r\nPrivacy Policy The Best Attendance Privacy Policy is part of these Terms of Service.  The Privacy Policy may be viewed on the Best Attendance website.

Jurisdiction

This agreement will be governed by Minnesota and Federal laws of the United States of America. The Best Attendance service is owned and operated by Best Attendance, a sole proprietorship at 3824 12th Ave S #2, Minneapolis, MN 55407 USA.  Best Attendance may be contacted at mail {a.t.} bestattendance {d.o.t.} com or by phone at 763-412-1698.