Terms & Conditions
Welcome to Better & Better. If you have any questions please feel free to reach out to us at email@example.com.
Description and Use of the Site
Better & Better is a personal care brand. Through our Site we offer a variety of products and services, including our unique membership service, which gives you the option for regular deliveries of toothpaste and other personal care products, directly to your door (each, “Membership(s)”).
We provide Visitors and Members with access to our Site as described in this Agreement. “Visitors,” as the term implies, are people who have not registered for membership with Better & Better, but may visit the Site to view all publicly-accessible Content (as defined below), and to purchase products and join the Membership (as defined below).
“Members” are people who choose to register with Better & Better in order to view all publicly-accessible Content on the Site, purchase products, manage their Memberships online, and take advantage of other promotions and offerings that we may provide to Members. Members are required to register with us and create a username and password (“Login Credentials”). Members are required to pay a membership fee (“Membership Fee”) in order to initiate and maintain the Membership.
The Membership Fee payment may be in the form of recurring monthly payments, recurring annual payments, or in some other recurring payment interval. The aggregate Membership Fee may vary based on the recurring payment interval. For instance, the recurring annual payment may be 20% less expensive than the aggregate monthly payment schedule over a period of 12 months. Payment of the Membership Fee will be processed at the beginning of each payment period. Membership Fee may or may not be directly timed to shipping of Better & Better products to Members.
The Membership Fee amount may be based on the quantity of individuals in the membership household (“Membership Household”). For instance, a Membership Household consisting of four individuals may pay twice the Membership Fee of a Membership Household consisting of two individuals.
By purchasing a Membership, you agree and acknowledge that your Membership has an initial and recurring payment charge at the then-current Membership Fee, you agree that Better & Better may submit periodic charges (e.g., monthly, bi-monthly, quarterly, etc.) to your chosen payment method without further authorization from you, until you provide notice to Better & Better that you wish to cancel your Membership or to change your payment method. You further accept responsibility for all recurring charges prior to cancellation, including, where applicable, any charges processed by Better & Better after the expiration date of your payment card.
Members may cancel their Membership at any time by logging into their accounts and following the cancellation procedures, or by emailing us at firstname.lastname@example.org.
Better & Better reserves the right to change or discontinue Memberships at our discretion. We may make these changes at any time, with or without notice. Your continued participation in a Membership will constitute your acceptance of this Agreement including the automatic renewal provisions above.
Gift Memberships are Memberships purchased by an individual as a gift for another individual. The purchaser shall select the duration and Membership Household size of the Gift Membership. Gift Memberships expire at the end of the purchased duration period, as applicable, and are not automatically renewed. The purchaser shall prepay for the entire duration of the Membership at the time of purchase, at the then-current Membership Fee rate. Neither the purchaser nor the recipient of a Gift Membership has the ability to cancel such Gift Membership once it has been ordered, and all prepaid fees are non-refundable.
We are under no obligation to accept any individual as a Member, and may accept or reject any registration in our sole and complete discretion. We reserve the right to revoke your Membership at any time as a result of a violation of the Agreement.
Subject to the terms of this Agreement, we grant Visitors and Members a personal, limited, non-transferable, non-exclusive license to access and use the Site. We reserve the right, in our sole discretion and without notice to you, to revise the products and services available on the Site and to change, suspend or discontinue any aspect of the Site and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. Your continued use of the Site will constitute your acceptance of any such changes.
You may use the Site only for your own noncommercial personal use and in compliance with this Agreement. Any other use of the Site requires the prior written consent of Better & Better.
You represent and warrant that you are at least 18 years of age, or if you are under 18 years of age but are at least 13 years old, that you are using the Services with the consent of your parent or legal guardian and that you have received your parent’s or legal guardian’s permission to use the Services. If you are under 18 years of age and have not received such permission from your parent or legal guardian, you may not, under any circumstances or for any reason, use the Services. We may, in our sole discretion, refuse to offer the Services to any person or entity and change our eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Service are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these Terms of Service or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. Further, the Services are offered only for your use, and not for the use or benefit of any third party.
Any Content that is submitted to us or to the Services by users, or otherwise added, uploaded, distributed or posted to the Services, whether publicly or privately transmitted, including, without limitation, product reviews, survey responses and comments (“User Content”), is the sole responsibility of the person who originated such User Content. User Content also includes Content provided by users through third party services such as a user’s social media account (e.g., Facebook, Instagram, Twitter, etc.) if such Content mentions, tags or otherwise interacts with Better & Better, the Services or any of our products or services. You represent that all User Content submitted by you is accurate, complete, up-to-date and in compliance with all applicable laws, rules and regulations. User Content that you submit must not: (i) contain any content that infringes intellectual property rights, data protection or privacy rights of an individual; (ii) be defamatory or threatening; (iii) impersonate any person or entity; (iv) contain unauthorized advertising; or (v) transmit or distribute any virus and/or other code that has contaminating or destructive elements. We make no representations, warranties or guarantees with respect to any User Content that you access on or through the Services.
By submitting User Content through the Services, you hereby grant us a worldwide, perpetual, irrevocable, non-exclusive, sub-licensable (through multiple tiers), fully paid, royalty-free license and right to use, copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), edit, modify and make derivative works from your User Content (including, without limitation, your name and likeness, photographs and testimonials) for any purpose whatsoever, commercial or otherwise, without compensation to you. You also hereby do and shall grant each user of the Site and/or the Services a non-exclusive, perpetual license to access your User Content through the Site and/or the Services, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Content, including after your termination of your Account or the Services. In addition, you waive any so-called “moral rights” or rights of privacy or publicity in your User Content. For clarity, the foregoing license grants to us and our users does not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including, without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights or any other intellectual property or proprietary rights.
Any feedback, reviews, comments, suggestions or recommendations for modifications, improvements or changes to the Services that you provide to us (“Feedback”) shall be solely owned by us (including all intellectual property rights therein and thereto). You hereby irrevocably assign to us and agree to irrevocably assign to us all of your right, title and interest in and to all Feedback, including, without limitation, all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At our request and expense, you will execute documents and take such further acts as we may reasonably request to assist us to acquire, perfect and maintain our intellectual property rights and other legal protections for the Feedback.
Better & Better’s community functions best when Members and Visitors follow a few simple rules. By accessing or using the Site, you hereby agree to comply with these community rules:
- You will not use the Site for any unlawful purpose or in violation of this Agreement;
- You will not use the Site or any services offered by Better & Better to engage in any commercial activities, including, without limitation, advertising or promoting a product, service, or company;
- You will not upload, post, email, transmit, or otherwise make available any User Content (as defined below) that:
- infringes on any intellectual property, publicity or privacy right of another person or entity;
- is untrue, inaccurate, deceptive, misleading, or deceitful;
- is threatening, tortious, defamatory, libelous, indecent, obscene, pornographic, invasive of another’s privacy, or promotes violence; or
- discloses any sensitive information about another person, including that person’s email address, postal address, phone number, credit card information, or any similar information;
- You will not access or use the Site to collect any market research for a competing business;
- You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- You will not use the Site to drop ship merchandise to third parties;
- You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure;
- You will not attempt to interfere in any way with the Site, or Better & Better’s network security, or attempt to use the Site’s service to gain unauthorized access to any other computer system, data, files, or passwords;
- You will not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute Content or data available on the Site, and, further, you will not use any such automated means to manipulate the Site, such as automating what are otherwise manual or one-off procedures;
- You will not take any action to interfere with, or disrupt, the Site or any other user's use of the Site, including, without limitation, via means of overloading, “flooding”, “mailbombing” or “crashing” the Site, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under this Agreement;
- You will not frame portions of the Site within another web site;
- You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features (e.g., report abuse button) on the Site; and
- You will not resell use of, or access to, the Site to any third party.
If you find something that violates our community guidelines, please let us know, and we will review it. We reserve the right, in our sole and absolute discretion, to deny you access to the Site or the services offered through the Site, or any portion thereof, without notice, and to remove any User Content that does not adhere to this Agreement.
Registration and Passwords for Members
SMS, MMS, and Other Text Messaging
Some of our services may allow you to receive SMS, MMS, or other text message notifications from us (each, a “Text Message”). To the extent you voluntarily opt to have Text Messages from us sent directly to your mobile phone, the following terms apply:
- In addition to any fee of which you are notified, your mobile provider’s standard message and data rates may apply to our confirmation Text Message and all subsequent Text Message correspondence according to your individual rate plan provided by your wireless carrier. Please consult your mobile service carrier’s pricing plan to determine the charges for browsing data and sending and receiving Text Messages. Under no circumstances will we be responsible for any text messaging or wireless charges incurred by you or by a person that has access to your wireless device or telephone number. If your carrier does not permit text alerts, you may not receive the Text Messages from us. You can opt out of receiving any further Text Messages from us by replying “STOP” to any Text Message you receive from us.
- We will not be liable for any delays in the receipt of any Text Messages, as delivery is subject to effective transmission from your network operator. Text Message services are provided on an “AS IS” basis. Data obtained from you in connection with any Text Message services may include your cell phone number, your provider’s name and the date, time and content of your messages. We may use this information to contact you and to provide the Services you request from us.
- By providing us with your wireless phone number, you confirm that you want us to send you information that we think may be of interest to you to such phone number, which may include using automated dialing technology to send you Text Messages at the wireless number you provided.
Transactions; Orders and Cancellations; Shipping
All descriptions, images, references, features, content, specifications, products, and prices of products and services described or depicted on the Site are subject to change at any time without notice. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. From time to time, there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, product prices, promotions, offers, and availability. Better & Better reserves the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders, if any information on the Site is inaccurate at any time without prior notice, even after you have received an order confirmation or shipping notification. The inclusion of any products or services on the Site does not imply or warrant that these products or services will be available. Better & Better reserves the right to revise our product offerings and/or discontinue products at any time without notice to you. We also reserve the right to limit quantities purchased by Members and to revise, suspend, or terminate an event or promotion at any time without notice (including after an order has been submitted or acknowledged).
All pricing on the Site is subject to change without notice. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any item purchased from this Site. By placing an order, you represent that the products ordered will be used only in a lawful manner, and that you are purchasing the products for personal use only and not for resale. Better & Better reserves the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any product or service; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion in compliance with applicable law; (iii) bar any user from making or completing any or all Transaction(s); and (iv) refuse to provide any user with any product or service.
You agree that by placing an order on the Site, you are entering into a binding contract with Better & Better and agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions. Your total price will include the price of the product plus any applicable sales tax; such state and local sales tax is based on the shipping address and the sales tax rate in effect at the time you purchase the product. We will charge tax only in states where the goods sold over the internet are taxable. Shipping is only available to addresses within the United States.
Once an order is placed on the Site, you may cancel it any time before such order is shipped.
In the case of a Membership, you may cancel your Memberships at any time. Upon cancellation, Membership and associated recurring Membership Fee will terminate at the end of the most current paid-for payment period. For instance, if your Membership is on an annual payment period schedule, cancellation of the Membership in month 6 of the Membership will terminate the Membership after month 12. The Membership Fee will not be refunded on a pro rata basis but will cease to recur after the most current paid-for payment period.
Better & Better uses reliable third-party carriers such as USPS to deliver our products to you. You are responsible for the cost of all shipping unless Better & Better agrees otherwise. All posted delivery times are approximations and actual delivery times may vary. Better & Better shall not be liable for any damages (including, without limitation, any incidental or consequential damages) arising from its failure to deliver or delay in delivering products purchased through the Site. Further, Better & Better shall not be responsible in the event that purchased products are unable to be delivered to you due to an incorrect shipping address, your failure or refusal to accept delivery, or for any other reason. If shipments are returned to us, we will attempt to contact you to arrange for re-delivery, and we reserve the right to impose additional shipping costs at our sole discretion. Notwithstanding the foregoing, Better & Better does not guarantee that we will store or reship products to you once they are returned to our warehouse. Title and risk of loss to the products will pass to you upon our delivery of such products to the shipping carrier.
Better & Better offers various product Regular Deliveries to Members, including monthly, bi-monthly (every other month), quarterly, bi-quarterly (every other quarter), or other recurring Regular Deliveries (“Recurring Regular Deliveries”), and prepaid gift Regular Deliveries (“Gift Regular Deliveries”). The products included in a Regular Deliveries, and the purchase price of Regular Deliveries, are listed on the Site and may be modified by Better & Better from time to time without notice to you.
The products included in the Regular Deliveries may be based on the number of individuals in the Membership Household. The cadence of shipping for the Regular Deliveries may be based on the number of individuals in the Membership Household.
Recurring Regular Deliveries
When you become a Member, you will be asked for the quantity of individuals in your Membership Household. The cadence of shipping for the Recurring Regular Deliveries may be based on the number of individuals in the Membership Household. Recurring Regular Deliveries may be on a monthly, bi-monthly (every other month), quarterly, bi-quarterly (every other quarter), or other recurring delivery cadence.
Recurring Regular Deliveries commence on the date that you first become a Member. Recurring Regular Deliveries are automatically renewed for the duration of the Membership.
Worry Free Guarantee
Better & Better offers a worry-free guarantee (“Worry Free Guarantee”) support program to Members. The Worry Free Guarantee may include a fixed timeframe (e.g. 30 days) trial period for any Membership and Membership Fee payment schedule. Trial period will commence after initial payment. During the trial period, you Members have the option to cancel Membership and return any delivered products to receive a refund of the initial payment. Restocking or convenience fees may be withheld from refund.
The Worry Free Guarantee may include the option to receive extra products (beyond the Regular Deliveries or Recurring Regular Deliveries) from Better & Better upon request and at no additional charge. Extra product requests and deliveries as part of the Worry Free Guarantee are limited to one of each product included in the Regular Deliveries or Recurring Regular Deliveries in the Membership, per year, commencing upon first payment.
Better & Better may include additional products and services in the Worry Free Guarantee. Better & Better reserves the right to add and remove what is included in the Worry Free Guarantee without active notice.
As part of our order processing procedures, we may screen received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If we suspect fraudulent, unauthorized or illegal activity, we may reject your order or we may contact you at the phone number or email address you provided to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.
You acknowledge and agree that the content (other than User Content), materials, text, images, videos, graphics, trademarks, logos, button icons, music, software and other elements available on the Site (collectively, the “Content”) are the property of Better & Better or our licensors and are protected by copyright, trademark and/or other proprietary rights and laws both in the United States and in foreign jurisdictions. Unauthorized use of the Content may violate such copyright, trademark and/or other intellectual property laws. You have no rights in or to the Content, other than your own User Content, and you will not use the Content except as permitted under this Agreement. You may not sell, transfer, assign, license, sublicense, rent, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, modify or create derivative works from any Content. You may not use the Content in any way for any public or commercial purpose.
The trademarks, service marks, and logos of Better & Better, including “Better & Better” and the Better & Better logo (collectively, the “Better & Better Trademarks”) are registered and unregistered trademarks or service marks of Better & Better. Other company, product, and service names located on the Site may be trademarks or service marks owned by third parties (the “Third-Party Trademarks,” and, collectively with the Better & Better Trademarks, the “Trademarks”). Nothing in this Agreement should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of Better & Better Trademarks inures to the benefit of Better & Better.
Elements of the Site are protected by trade dress, trademark, unfair competition, and other state, federal, and national laws and may not be copied or imitated, in whole or in part, by any means, including but not limited to the use of framing or mirrors.
Except as expressly set forth in this Agreement, no license is granted to you and no rights are conveyed by virtue of accessing or using the Site. All rights not granted under this Agreement are expressly reserved by Better & Better.
Communications to Us; User Content
Although we encourage you to email us, we do not want you to, and you should not, email us any content that contains confidential information. With respect to all emails you send us, including, but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including, but not limited to, the development, production and marketing of products and services that incorporate such information, without compensation or attribution to you.
As noted above, we may provide users the ability to post and upload content including text, videos, and photos (“User Content”) to the Site. You expressly acknowledge and agree that once you submit User Content, it will be accessible by other Visitors and Members, and that there is no confidentiality or privacy with respect to such User Content, including, without limitation, any personally identifying information that you may make publicly available. YOU, AND NOT BETTER & BETTER, ARE ENTIRELY RESPONSIBLE FOR ALL USER CONTENT THAT YOU UPLOAD, POST, E-MAIL, OR OTHERWISE TRANSMIT VIA THE SITE.
You retain all copyrights and other intellectual property rights in and to your own User Content. By submitting or posting any such User Content, you hereby grant Better & Better a perpetual, irrevocable, non-terminable, worldwide, royalty-free, non-exclusive, freely sublicensable (through multiple tiers) license to use, copy, distribute, publicly display, modify, create derivative works, compile, combine with other content, record, transmit, translate, format, and otherwise exploit (including for profit) any and all of your User Content, and all intellectual property and moral rights therein throughout the universe, in each case, by or in any means, methods, media, or technology now known or hereafter devised, without compensation or attribution to you. You hereby represent, warrant and covenant that any User Content you provide does not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant Better & Better the license specified above. You further represent, warrant and covenant that any User Content you provide is your original creation (or that you otherwise have the right to provide the User Content) and that it and its use by Better & Better and our content partners as permitted by this Agreement does not and will not infringe or misappropriate the intellectual property, privacy, publicity, or moral rights of any person or contain any libelous, defamatory, or otherwise unlawful, abusive or obscene material, or any content that violates our community guidelines set forth above.
We reserve the right to remove, or not to post, your User Content if it violates this Agreement including our community guidelines. By way of example, and not as a limitation, you agree that when contributing content, you will not:
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; Use obscenities, discriminatory language, or other language not suitable for a public forum; Post advertisements, “spam” content, or references to other products, offers, or websites; Post email addresses, URLs, phone numbers, physical addresses or other forms of contact information; Post unduly critical or spiteful comments of other content posted on the page or its authors; Post files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have expressly received all necessary consents; Post files or content that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; or Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, or impersonate any person or entity or falsely state or misrepresent your affiliation with any person or entity. In addition, if you wish to share feedback with us about product selection, pricing, ordering, delivery or other customer service issues, please do not submit this feedback through User Content. Instead, contact us directly via email at email@example.com.
YOU ASSUME ALL RESPONSIBILITY AND RISK WITH RESPECT TO YOUR USE OF THE SITE. THE SITE, AND ALL CONTENT, MERCHANDISE, AND OTHER INFORMATION ON OR ACCESSIBLE FROM OR THROUGH THIS SITE OR A “LINKED” SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. SPECIFICALLY, BUT WITHOUT LIMITATION, BETTER & BETTER DOES NOT WARRANT THAT: (1) THE INFORMATION ON THIS SITE IS CORRECT, ACCURATE OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE; OR (3) DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKE THEM AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
BETTER & BETTER DOES NOT REPRESENT OR WARRANT THAT THE INGREDIENT, ALLERGEN, AND OTHER PRODUCT INFORMATION ON OUR SITE IS ACCURATE OR COMPLETE SINCE THIS INFORMATION IS PROVIDED BY PRODUCT MANUFACTURERS OR SUPPLIERS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. THEREFORE, SOME OF THE ABOVE LIMITATIONS ON WARRANTIES IN THIS SECTION MAY NOT APPLY TO YOU.
Any information provided by us regarding the products or otherwise (e.g. product descriptions or instructions) is for informational purposes only. You should not take any action based upon any information contained on the Site. Use of the Site is not meant to serve as a substitute for professional advice. You should read and strictly follow all product labels, packaging inserts and instructions and all manufacturer directions and warnings and seek independent professional advice when appropriate.
The Site may contain links to third-party websites. Better & Better makes no warranties of any kind regarding any such external websites to which you may be directed or hyperlinked from this Site. Hyperlinks are included solely for your convenience, and Better & Better makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such third-party websites. Better & Better does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the Site. You should contact the site administrator or webmaster for those third-party websites if you have any concerns regarding such links or any content located on such third-party websites. If you decide to access linked third-party websites, you do so at your own risk.
Site Not for Minors
The Site is available to Visitors and Members who are 13 years old and older and who have not been suspended or removed by Better & Better for any reason. If you are a minor in your jurisdiction, you must obtain the consent of your parent or legal guardian to use the Site and agree to the Agreement.
You agree to indemnify, hold harmless, and defend Better & Better, its parent, subsidiaries, divisions, and affiliates, and their respective officers, directors, employees, agents and affiliates from any and all claims, liabilities, damages, costs and expenses of defense, including attorneys’ fees, in any way arising from or related to your illegal use of the Site, your violation of this Agreement, defamatory or infringing User Content posted to the Site by you, or your violation of any law or the rights of a third party. We shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
Limitation of Liability
EXCEPT IN THE CASES OF WILLFUL MISCONDUCT AND RECKLESS CONDUCT ON THE PART OF BETTER & BETTER, IN NO EVENT SHALL BETTER & BETTER, ITS PARENT COMPANY, SUBSIDIARIES, AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES, OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE BE LIABLE TO ANY USER OF THE SITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE, WHETHER BASED UPON WARRANTY, CONTRACT OR TORT (NEGLIGENCE), EVEN IF BETTER & BETTER HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. EXCEPT IN THE CASES OF WILLFUL MISCONDUCT AND RECKLESS CONDUCT ON THE PART OF BETTER & BETTER, IN NO EVENT SHALL THE TOTAL LIABILITY OF BETTER & BETTER, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS SITE, WHETHER IN WARRANTY, CONTRACT OR TORT (NEGLIGENCE), EXCEED THE AMOUNT YOU PAID TO BETTER & BETTER IN CONNECTION WITH THE EVENT GIVING RISE TO SUCH LIABILITY. You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise and services available through the Site.
We control and operate the Site from the United States. The materials on the Site are not appropriate for use outside the United States. If you are located outside of the United States, you may not access or use the Site.
The laws of the State of New York shall govern this Agreement without regard to conflict of laws provisions.
THE SECTIONS BELOW TITLED “DISPUTES” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.
Any dispute relating in any way to your visit to, or use of, the Site or the Content, to the products you purchase through the Site (including a Membership), or to your relationship to Better & Better shall be submitted to confidential arbitration in New York, New York; provided, however, that to the extent that you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of New York (as set forth in Section 18 below). Arbitration under this Agreement will be conducted pursuant to the Commercial Arbitration Rules then prevailing at the American Arbitration Association. The arbitrator’s award will be final and binding and may be entered into as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement will be joined to an arbitration involving any other party subject to this Agreement, whether through class action proceedings or otherwise. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of this Site or this Agreement must be filed within one (1) year after such claim of action arose or be forever banned.
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award.
CLASS ACTION WAIVER
You agree that any arbitration or proceeding shall be limited to the dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AND BETTER & BETTER AGREE THAT EACH MAY ONLY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Better & Better agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
You acknowledge and agree that in the event of a breach or threatened violation of our intellectual property rights and confidential and proprietary information by you, we will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. We may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect our rights and property pending the outcome of the arbitration referenced above. You hereby irrevocably and unconditionally consent to the personal and subject matter jurisdiction of the federal and state courts in the State of New York, Borough of Manhattan for purposes of any such action by us.
Each promotional code is subject to the specific terms and conditions stated on the promotional code offer as well as these general terms and conditions. Each code expires at 11:59pm ET on the date stated in the promotional offer and while supplies last. This offer cannot be combined with any other promotional or offer codes. Discount applies pre-tax and cannot be applied to shipping charges or taxes. This offer is valid for one Membership per customer during the term of the promotion. Offer is not valid on items not in stock at time of purchase. Offer codes cannot be redeemed for cash or any cash equivalent; no substitutions or credits allowed. Must enter code at checkout to receive offer and no adjustments can be made on previous purchases. Offer subject to change.
Additional Terms and Conditions
You agree that additional terms and conditions may apply to specific products, orders or your use of certain portions of the Site, including membership programs (such as the Worry Free Guarantee) (“Additional Terms”), which Additional Terms are incorporated into and made part of this Agreement by reference. If there is a conflict between this Agreement and the Additional Terms, this Agreement shall control.
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