Terms of Service & Legal Disclaimers

Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the Better Nights mobile application and website (the "Service") operated by William Cleaves, a sole proprietorship doing business as Better Nights ("us", "we", or "our"). Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service.

1. Acceptance of Terms

By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Service. You represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the applicable jurisdiction.

2. Nature of the Service & Assumption of Risk

Better Nights acts strictly and entirely as a digital discovery, mapping, and communication tool. We are not an emergency services provider, law enforcement agency, private security firm, or event organizer. You acknowledge and agree that attending parties, navigating off-campus, and interacting with other users inherently involves severe physical and environmental risks.

You assume all risks associated with your use of the Service, including but not limited to, the risk of injury, illness, death, property damage, or distress. You are solely responsible for your personal safety, decision-making, and situational awareness at all times.

3. Complete Release of Liability and Covenant Not to Sue

To the absolute maximum extent permitted by law, you explicitly agree not to sue, file any claim, or initiate any legal proceeding against William Cleaves d/b/a Better Nights, or any affiliates, for any reason whatsoever related to your use of the Service. You hereby fully and forever release, discharge, and hold harmless William Cleaves from any and all claims, demands, damages, rights of action, or causes of action, present or future, whether the same be known or unknown, anticipated, or unanticipated, resulting from or arising out of the use of the Service.

4. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall William Cleaves d/b/a Better Nights be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any physical injury, distress, or death occurring while en route to, during, or returning from an event or location discovered via the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, even if we have been advised of the possibility of such damages.

5. Disclaimer of Warranties

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied. William Cleaves does not warrant that a) the Service will function uninterrupted, secure, or available at any particular time or location; b) any errors or defects will be corrected; c) the SOS functionality will successfully transmit your location; or d) the results of using the Service will meet your safety requirements.

6. User-Generated Data & Map Accuracy

The Service features interactive maps and reporting systems populated almost entirely by user-generated content. We do not independently verify, endorse, or guarantee the accuracy, timeliness, completeness, or reliability of any hazard marker, event listing, route suggestion, or user profile. A location appearing devoid of hazard markers does not guarantee it is safe, and you agree that your reliance on any information provided by the Service is strictly at your own risk.

7. Indemnification

You agree to defend, indemnify and hold harmless William Cleaves d/b/a Better Nights from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.

8. Governing Law

These Terms shall be governed and construed in accordance with the laws of the State of Oregon, United States, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.