This Terms of Use agreement was last updated: May 15th, 2011
This Terms of Use agreement is effective as of: December 15th, 2009
PLEASE READ THE TERMS OF USE THOROUGHLY AND CAREFULLY. The terms and conditions set forth below ("Terms of Use") Use and the Privacy Policy constitute a legally-binding agreement between Better You Online, Inc., a California corporation ("Better You Online"), and you. These Terms of Use contain provisions that define your limits, legal rights and obligations with respect to your use of and participation in (i) the Better You Online website, including the classified advertisements, forums, various email functions and Internet links, and all content and services available through the domain and sub-domains of Better You Online located at www.betteryou.com (collectively referred to herein as the "Website"), and (ii) the online transactions between those users of the Website who are offering Services (each, a "provider") and those users of the Website who are obtaining Services (each, a "Service User") through the Website (collectively, the "Services"). The Terms of Use described below incorporate the Privacy Policy and apply to all users of the Website, including users who are also contributors of video content, information, private and public messages, advertisements, and other materials or Services on the Website. You acknowledge that the Website serves as a venue for the online distribution and publication of user-submitted information between providers and Service Users, and, by using, visiting, registering for, and/or otherwise participating in this Website, including the Services presented, promoted, and displayed on the Website, and by clicking below on "I have read and agree to the Terms of Use and the Privacy Policy," you hereby certify that you agree to be bound by all terms and conditions of these Terms of Use and any other documents incorporated by reference herein. If you do not so agree to the foregoing, you should not click to affirm your acceptance thereof, in which case you are prohibited from accessing or using the Website. If you do not agree to any of the provisions set forth in the Terms of Use, kindly discontinue viewing or participating in this Website immediately.
All references to
"you" or "your," as applicable, mean the person that
accesses, uses, and/or participates in the Website in any manner. If you use
the Website or open an Account (as defined below) on behalf of a business, you
represent and warrant that you have the authority to bind that business and
your acceptance of the Terms of Use will be deemed an acceptance by that
business and "you" and "your" herein shall refer to that
business.
1. MODIFICATIONS TO TERMS OF USE AND/OR PRIVACY POLICY
Better You Online reserves the right, in its sole discretion, to change, modify, or otherwise amend the Terms of Use, and any other documents incorporated by reference herein, at any time, and Better You Online will post notice of the changes and the amended Terms of Use at the domain of www.betteryou.com, and/or may communicate the amendments through any method of written contact that Better You Online has established with you. It is your responsibility to review the Terms of Use for any changes. Your use of the Website following any amendment of the Terms of Use will signify your assent to and acceptance of any revised Terms of Use. If you do not agree to abide by these or any future Terms of Use, please do not use or access the Website
2. PRIVACY POLICY
Better You Online has established a Privacy Policy that explains to users how their information is collected and used. The Privacy Policy is referenced above and hereby incorporated into the Terms of Use set forth herein. Your use of this Website is governed by the Privacy Policy.
1. LICENSE TO ACCESS
Better You Online has established a Privacy Policy that explains to users how their information is collected and used. The Privacy Policy is referenced above and hereby incorporated into the Terms of Use set forth herein. Your use of this Website is governed by the Privacy Policy.
2. MEMBERSHIP ELIGIBILITY CRITERIA
Use of the Website is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. You represent, acknowledge and agree that you are at least 18 years of age, and that: (a) all registration information that you submit is truthful and accurate, (b) you will maintain the accuracy of such information, and (c) your use of the Website and Services offered through this Website do not violate any applicable law or regulation. Your Account (defined below) may be terminated without warning if we believe that you are under the age of 18 or that you are not complying with any applicable federal, state or local laws, rules or regulations. To access and participate in certain features of the Website, you will need to create a password-protected account ("Account"). You are solely responsible for safeguarding your password at all times and shall keep your password secure at all times. You shall be solely responsible for all activity that occurs on your Account and you shall notify Better You Online immediately of any breach of security or any unauthorized use of your Account. Similarly, you shall never use another’s Account without permission. You hereby acknowledge and agree that Better You Online will not be liable for your losses caused by an unauthorized use of your Account. Notwithstanding the foregoing, you may be liable for the losses of Better You Online or others due to such unauthorized use. An Account holder is sometimes referred to herein as a "Registered User."
You acknowledge and agree that you shall comply with the following policies (the "Account Policies"):
1. You will not copy or distribute any part of the Website in any medium without Better You Online’s prior written authorization.
2. You will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose.
3. You will provide accurate and complete information when creating your Account.
4. You shall not use any automated system, including but not limited to, "robots," "spiders," "offline readers," "scrapers," etc., to access the Website for any purpose without Better You Online’s prior written approval.
5. You shall not in any manual or automated manner collect providers or Service Users information, including but not limited to, names, addresses, phone numbers, or email addresses, copying copyrighted text, or otherwise misuse or misappropriate Website information or content, including but not limited to, use on a "mirrored", competitive, or third party site.
6. You shall not recruit, solicit, or contact in any form providers or Service Users for employment or contracting for a business not affiliated with Better You Online without express written permission from Better You Online. Should Better You Online find that you violated the terms of this paragraph or any terms stated herein, Better You Online reserves the right, at its sole discretion, to immediately terminate your use of the Website.
7. You shall not take any action that (i) unreasonably encumbers or, in Better You Online’s sole discretion, may unreasonably encumber the Website’s infrastructure; (ii) interferes or attempts to interfere with the proper working of the Website or any third-party participation in the Website; or (iii) bypasses Better You Online’s measures that are used to prevent or restrict access to the Website.
8. You agree not to collect or harvest any personally identifiable data, including without limitation, names or other Account information, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes.
If you do not meet, or are unable to comply with, any of the above-referenced membership eligibility criteria or Account Policies, please do not use the Website
3. ADDITIONAL POLICIES
Your access to, use of, and participation in the Website is subject to the Terms of Use and all applicable Better You Online regulations, guidelines and additional policies that Better You Online may set forth from time to time, including without limitation, a copyright policy and any other restrictions or limitations that Better You Online publishes on the Website (the "Additional Policies"). You hereby agree to comply with the Additional Policies and your obligations thereunder at all times. You hereby acknowledge and agree that if you fail to adhere to any of the terms and conditions of this Agreement or documents referenced herein, including the Account Policies, membership eligibility criteria or Additional Policies, Better You Online, in its sole discretion, may terminate your Account at any time without prior notice to you.
1. PROHIBITIONS ON SUBMITTED CONTENT
You shall not upload, post, transmit, transfer, disseminate, distribute, or facilitate distribution of any content, including text, images, video, sound, data, information, or software, to any part of the Website, including your profile ("Profile"), the posting of your Service ("Offer"), or the posting of any opinions or reviews ("Feedback") in connection with the Website, the Service, the provider, or the Service User (all of the foregoing content is sometimes collectively referred to herein as "Submitted Content" and the posting of Submitted Content is sometimes referred to as a "Posting" or as "Postings") that:
· misrepresents the source of anything you post, including impersonation of another individual or entity or any false or inaccurate biographical information for any providers;
· provides or create links to external sites that violate the Terms of Use;
· is intended to harm or exploit any individual under the age of 18 ("Minor") in any way;
· is designed to solicit, or collect personally identifiable information of any Minor, including, but not limited to, name, email address, home address, phone number, or the name of his or her school;
· invades anyone’s privacy by attempting to harvest, collect, store, or publish private or personally identifiable information, such as names, email addresses, phone numbers, passwords, account information, credit card numbers, home addresses, or other contact information without their knowledge and willing consent;
· contains falsehoods or misrepresentations that could damage Better You Online or any third party;
· is pornographic, harassing, hateful, illegal, obscene, defamatory, libelous, slanderous, threatening, discriminatory, racially, culturally or ethnically offensive; incites, advocates, or expresses pornography, obscenity, vulgarity, profanity, hatred, bigotry, racism, or gratuitous violence; encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; promotes racism, hatred or physical harm of any kind against any group or individual; contains nudity, violence or inappropriate subject matter; or is otherwise inappropriate;
· is intended to threaten, stalk, defame, defraud, degrade, victimize, or intimidate an individual or group of individuals for any reason on the basis of age, gender, disability, ethnicity, sexual orientation, race, or religion; or to incite or encourage anyone else to do so;
· intends to harm or disrupt another user’s computer or would allow others to illegally access software or bypass security on websites or servers, including but not limited, to spamming;
· impersonates, uses the identity of, or attempts to impersonate a Better You Online employee, agent, manager, host, another user, or any other person though any means;
· advertises or solicits a business not related to or appropriate for the Website (as determined by Better You Online in its sole discretion);
· contains or could be considered "junk mail", "spam", "chain letters", "pyramid schemes", "affiliate marketing", or unsolicited commercial advertisement;
· distributes or contains viruses or any other technologies that may harm Better You Online, or the interests or property of Better You Online users;
· is non-local or irrelevant content;
· contains identical content to other open Postings you have already posted; or
· uses any form of automated device or computer program that enables the submission of Postings without the express written consent of Better You Online.
PROHIBITIONS WITH RESPECT TO SERVICES
While using the Website, you shall not:
· post content or items in any inappropriate category or areas on the Website;
· violate any laws, third-party rights, Account Policies, or any provision of the Terms of Use, such as the prohibitions described above;
· fail to deliver payment for Services purchased by you, unless the provider has materially changed the description of the Service description after you negotiate an agreement for such Service, a clear typographical error is made, or you cannot authenticate the provider’s identity;
· fail to perform Services purchased from you, unless the Service User fails to materially meet the terms of the mutually agreed upon agreement for the Services, refuses to pay, a clear typographical error is made, or you cannot authenticate the Service User’s identity;
· manipulate the price of any Service or interfere with other users’ Postings;
· circumvent or manipulate our fee structure, the billing process, or fees owed to Better You Online;
· post false, inaccurate, misleading, defamatory, or libelous content (including personal information about any Website user);
· take any action that may undermine the Feedback or ratings systems (such as displaying, importing or exporting Feedback information off of the Website or using it for purposes unrelated to the Website)
FEEDBACK
As a participant in the Website, you agree to use careful, prudent, and good judgment when leaving Feedback for another user. The following actions constitute inappropriate uses of Feedback: (a) threatening to leave negative or impartial Feedback for another user unless that user provides services not included in the original Posting or not agreed to as part of the Service to be provided; (b) leaving Feedback in order to make the provider or Service User appear better than he or she actually is or was; and (c) including conditions in an Offer or Want that restrict a provider or a Service User from leaving Feedback.
0. Sanctions for Inappropriate Use of Feedback. If you violate any of the above-referenced rules in connection with leaving Feedback, Better You Online, in its sole discretion, may take any of the following actions: (i) cancel your Feedback or any of your Postings; (ii) limit your Account privileges; (iii) suspend your Account; and/or (iv) decrease your status earned via the Feedback page.
1. Reporting Inappropriate Use of Feedback. You may contact Better You Online regarding any inappropriate use of Feedback
2. Resolving Disputes in Connection with Feedback. In the event of any dispute between users of the Website concerning Feedback, Better You Online shall be the final arbiter of such dispute. Further, IN THE EVENT OF ANY DISPUTE BETWEEN USERS OF THE WEBSITE CONCERNING FEEDBACK, BETTER YOU ONLINE HAS THE RIGHT, IN ITS SOLE AND ABSOLUTE DISCRETION, TO REMOVE SUCH FEEDBACK OR TAKE ANY ACTION IT DEEMS REASONABLE WITHOUT INCURRING ANY LIABILITY THEREFOR.
The foregoing lists of prohibitions provide examples and is not complete or exclusive. Better You Online reserves the right to (a) terminate your access to your Account, your ability to post to this Website (or the Services) and (b) refuse, delete or remove, move or edit the content, in whole or in part, of any Postings; with or without cause and with or without notice, for any reason or no reason, or for any action that Better You Online determines is inappropriate or disruptive to this Website or to any other user of this Website and/or Services. Better You Online reserves the right to restrict the number of e-mails or other messages that you are allowed to send to other users to a number that Better You Online deems appropriate in Better You Online’s sole discretion. Better You Online may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Better You Online’s discretion, Better You Online will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Website or on the Internet. Better You Online does not and cannot review every Posting posted to the Website. These prohibitions do not require Better You Online to monitor, police or remove any Postings or other information submitted by you or any other user.
1. PROFILES AND OFFERS MUST NOT BE FRAUDULENT
Subject to any exceptions set forth in these Terms of Use or Additional Policies, if any, providers shall not: (a) list Services or offers relating to any Service in a category that is inappropriate to the Service they are offering; (b) misrepresent the location at which they will provide a Service; (c) include brand names or other inappropriate keywords in their Profile, Offer, Feedback, or any other title or description relating to a Service; (d) use misleading titles that do not accurately describe the Service; or (e) include any information in their Profile that is fraudulent.
2. PROFILES AND OFFERS CANNOT USE TECHNIQUES TO AVOID OR CIRCUMVENT BETTER YOU ONLINE FEES
Subject to any exceptions set forth in these Terms of Use or Additional Policies, if any, providers shall not: (a) offer a catalog or a link to a third-party website from which Service Users or any Registered User or user of the Website may obtain the Service directly; (b) exceed multiple Posting limits; (c) post a single Service but offer additional identical services in the Service description; (d) charge fees for traveling further than desired to provide the Service; (e) offer the opportunity through Better You Online to purchase the Service or any other service outside of Better You Online; (f) use their Profile page or user name to promote services not offered on or through the Website and/or prohibited services.
3. PROFILES AND OFFERS MUST PROMOTE A FAIR PLAYING FIELD AND PROVIDE A SAFE, SIMPLE, AND POSITIVE EXPERIENCE FOR ALL WEBSITE USERS
Subject to any exceptions set forth in these Terms of Use or Additional Policies, if any, providers shall not: (a) solicit Service Users to mail cash or use other payment methods not specifically permitted by Better You Online as approved payment methods; (b) include links that do not conform to Better You Online’s policies with respect to third-party links; (c) use certain types of HTML and JavaScript in Postings, your Profile page, your Offer page, or your Wants page; (d) promote raffles, prizes, bonuses, games of chance, giveaways, or random drawings; (e) use profanity in any Posting;
SANCTIONS FOR VIOLATING ANY OF THE RULES FOR PROVIDERS
If a provider violates any of the above-referenced rules in connection with his or her Posting, Better You Online, in its sole discretion, may take any of the following actions: (a) cancel the Posting; (b) limit the provider’s Account privileges; (c) suspend the provider’s Account; (d) cause the provider to forfeit any fees earned on a canceled Posting; and/or (e) decrease the provider’s status earned via the Feedback page.
1. SERVICE USERS SHALL NOT TAKE ANY OF THE FOLLOWING ACTIONS:
(a) commit to purchasing or using a Service without paying; (b) sign up for, negotiate a price for, use, or otherwise solicit a Service with no intention of following through with your use of or payment for the Service; (c) agree to purchase a Service when you do not meet the provider’s terms as outlined in the Posting, or agree to purchase a Service with the intention of disrupting a Posting; or (d) misuse any options made available now or in the future by Better You Online in connection with the use or purchase of any Service.
2. SANCTIONS FOR VIOLATING ANY OF THE RULES FOR SERVICE USERS
If a Service User violates any of the above-referenced rules in connection with his or her Posting, Better You Online, in its sole discretion, may take any of the following actions: (a) cancel the Posting; (b) limit the Service User’s Account privileges; (c) suspend the Service User’s Account; and/or (d) decrease the Service User’s status earned via the Feedback page.
1. NO CONFIDENTIALITY
The Website may now or in the future permit the submission of videos or other communications submitted by you and other users, including without limitation, your Profile, your Offer, any Feedback, and all Submitted Content, and the hosting, sharing, and/or publishing of such Submitted Content. You understand that whether or not such Submitted Content is published, Better You Online does not guarantee any confidentiality with respect to any Submitted Content.
You agree that any Submitted Content provided by for which you authorize to be searchable by Registered Users who have access to the Website is provided on a non-proprietary and non-confidential basis. You agree that Better You Online shall be free to use or disseminate such freely searchable Submitted Content on an unrestricted basis for the purpose of providing the Services.
2. YOUR REPRESENTATIONS AND WARRANTIES
You shall be solely responsible for your own Submitted Content and the consequences of posting or publishing it. In connection with Submitted Content, you affirm, represent, and/or warrant that: (a) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Better You Online to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Submitted Content to enable inclusion and use of the Submitted Content in the manner contemplated by the Website and these Terms of Use; and (b) you have the written consent, release, and/or permission of each and every identifiable individual person in the Submitted Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Submitted Content in the manner contemplated by the Website and these Terms of Use. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Submitted Content posted by you to or through the Website.
3. YOUR OWNERSHIP RIGHTS AND LICENSE TO BETTER YOU ONLINE
You retain all of your ownership rights in your Submitted Content. However, by submitting the Submitted Content to Better You Online for posting on the Website, you hereby grant, and you represent and warrant that you have the right to grant, to Better You Online a perpetual, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to link to, use, reproduce, distribute, reformat, translate, prepare derivative works of, display, and perform the Submitted Content in connection with the Website and Better You Online’s (and its successor’s) business operations, including without limitation, for the promotion and redistribution of any part or all of the Website, and any derivative works thereof, in any media formats and through any media channels. You also hereby grant each user of the Website a non-exclusive license to access your Submitted Content through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such Submitted Content as permitted through the functionality of the Website and under these Terms of Use. The foregoing license granted by you terminates once you remove or delete the Submitted Content from the Website.
You acknowledge and understand that the technical processing and transmission of the Website, including your Submitted Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You may remove your Submitted Content from the Website at any time. If you choose to remove your Submitted Content, the license granted above will automatically expire.
4. BETTER YOU ONLINE'S DISCLAIMERS AND RIGHT TO REMOVE
1. Better You Online does not endorse any Submitted Content or any opinion, recommendation, or advice expressed therein, and Better You Online expressly disclaims any and all liability in connection with all Submitted Content. Better You Online does not permit copyright infringing activities and infringement of intellectual property rights on the Website, and Better You Online will remove any Data (as defined below) or Submitted Content if properly notified, pursuant to the "take down" notification procedure described in Section G below, that such Posting or Submitted Content infringes on another’s intellectual property rights. Better You Online reserves the right to remove any Data or Submitted Content without prior notice. Better You Online will also terminate a user’s access to the Website, if he or she is determined to be a repeat infringer. A repeat infringer is a Website user who has been notified of infringing activity more than twice and/or has had Submitted Content removed from the Website more than twice. Better You Online also reserves the right, in its sole and absolute discretion, to decide whether any Data or Submitted Content is appropriate and complies with these Terms of Use for all violations, in addition to copyright infringement and violations of intellectual property law, including, but not limited to, pornography, obscene or defamatory material, or excessive length. Better You Online may remove such Submitted Content and/or terminate a user’s access for uploading such material in violation of these Terms of Use at any time, without prior notice and in its sole discretion.
2. You acknowledge and understand that when using the Website, you will be exposed to Submitted Content from a variety of sources, and that Better You Online is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Submitted Content. You further acknowledge and understand that you may be exposed to Submitted Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Better You Online with respect thereto, and agree to indemnify and hold Better You Online, its owners, members, managers, operators, directors, officers, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website.
3. You are solely responsible for the photos, profiles and other content, including, without limitation, Submitted Content, that you publish or display on or through the Website, or transmit to other Website users. You understand and agree that Better You Online may, in its sole discretion and without incurring any liability, review and delete or remove any Submitted Content that violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Website users or others.
Pursuant to the Fair Credit Reporting Act (the "FCRA"), by this notice Better You Online, Inc. notifies you that it may, as part of your use of a third-party verification service, obtain a consumer report about you from a consumer reporting agency. Consumer reports may contain information on your character, general reputation, personal characteristics, and mode of living, including but not limited to consumer credit, criminal history, workers' compensation, driving, employment, military, civil, and educational data and reports. If you decide to use or access information provided by a third-party verification service offered through the Site, you warrant that you will comply with the FCRA, which can be found at http://www.ftc.gov/os/statutes/fcrajump.shtm, and all other applicable consumer reporting laws. If you decide to access, use, or share information provided by a third-party verification service offered through the Site with any other party (either through this Site or otherwise), you agree to do so in accordance with applicable law and to indemnify and hold Better You Online harmless from any loss, liability, damage, or costs that may result from such access, use, or sharing of this information regardless of the cause. Better You Online does not assume and expressly disclaims any liability that may result from the use of information provided by a third-party verification service.
Pursuant to the Digital Millennium Copyright Act of 1998 ("DMCA"), Better You Online has established policies for dealing with alleged and actual copyright and trademark infringement. If you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement and/or trademark infringement, please notify us immediately at help@betteryou.com.
1. MODIFICATION OR CESSATION OF WEBSITE
Better You Online reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice and in its sole discretion. You agree that Better You Online shall not be liable to you or to any third party for any modification, suspension or discontinuance of Better You Online services.
2. TERMINATION BY BETTER YOU ONLINE
You hereby acknowledge and agree that Better You Online, in its sole and absolute discretion, has the right (but not the obligation) to delete, terminate, or deactivate your Account, block your email or IP address, cancel the Website or otherwise terminate your access to or participation in the use of the Website (or any part thereof), or remove and discard any Submitted Content on the Website ("Termination of Service"), immediately and without notice, for any reason, including without limitation, Account inactivity or if Better You Online believes or has reason to believe that you have violated any provision of the Terms of Use.
3. TERMINATION BY YOU
You may cancel your use of the Website and/or terminate the Terms of Use with or without cause at any time by following the link in your Account under "Account Preferences" to "Deactivate Account."
1. BETTER YOU ONLINE OWNS OR HOLDS THE LICENSES TO ALL DATA AND MARKS ON THE WEBSITE
The content on the Website (exclusive of all Submitted Content), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Data") and the trademarks, service marks and logos contained therein ("Marks"), are owned by Better You Online, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Other trademarks, names and logos on this Website are the property of their respective owners.
Data on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Better You Online reserves all rights not expressly granted in and to the Website and the Data. You agree not to use, copy, or distribute, any of the Data other than as expressly permitted herein, including any use, copying, or distribution of Submitted Content obtained through the Website for any commercial purposes. If you download or print a copy of the Data for personal use, you must retain all copyright and other proprietary notices contained thereon. You agree not to circumvent, disable or otherwise interfere with security features of the Website or features that prevent or restrict use or copying of any Data or enforce limitations on use of the Website or the Data therein.
1. FEES INCURRED BY PROVIDERS
Joining Better You Online, posting Services and viewing posted Services is free. Better You Online reserves the right at its sole discretion to charge fees to providers for other services that Better You Online may provide, including but not limited to fees for contacting Service Users, responding to job leads generated by Better You Online, or conducting transactions with Service Users through Better You Online.
Better You Online may in the future offer additional premium services that providers can also choose to purchase. Better You Online reserves the right to charge fees for these services at its sole discretion.
2. FEES INCURRED BY SERVICE USERS
Joining Better You Online, viewing posted Services, and bidding on posted Services is free. Better You Online reserves the right to charge a fee to Service Users in the future on a per-transaction basis, and reserves the right to do so in its sole discretion.
3. TAXES
You understand that we are acting solely as an intermediary for the collection of rents and fees between a Service User and a provider who choose to enter into an Agreement for Service. Because state and local tax laws vary significantly by locality, you understand and agree that you are solely responsible for determining your own tax reporting requirements in consultation with tax advisors, and that we cannot and do not offer tax advice to either hosts or guests.
4. REFUND POLICY
All sales on Better You Online are final and non-refundable.
If a dispute arises between you and Better You Online, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Better You Online hereby agree that we will resolve any claim or controversy at law or equity that arises out of the Terms of Use or the Website in accordance with this Section or as we and you otherwise agree in writing. Before resorting to the filing of a formal lawsuit, we strongly encourage you to first contact us directly to seek a resolution by contacting us at help@betteryou.com. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
1. GOVERNING LAW
The Terms of Use shall be governed in all respects by the laws of the State of California, without reference to its conflict of law provisions. You agree that any claim or dispute you may have against Better You Online must be resolved by a court located in Los Angeles County, Los Angeles, California, or a United States District Court, Northern District of California located in Los Angeles, California except as otherwise agreed by the parties. Any action brought against Better You Online shall be venued in Los Angeles Superior Court, Los Angeles, California or the United States District Court, Northern District of California located in Los Angeles, California. You agree to submit to the personal jurisdiction of the courts located within Los Angeles County, Los Angeles, California or the United States District Court, Northern District of California located in Los Angeles, California for the purpose of litigating all such claims or disputes.
Aspects of the Website and other Better You Online services may be supported by advertising revenue. As such, Better You Online may display advertisements and promotions on the service. The manner, mode and extent of advertising by Better You Online on the Website are subject to change. You agree that Better You Online shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of any such dealings or as the result of the presence of such advertisers on the Website.
The Website may provide, or third parties may provide, links to other websites or resources. Because Better You Online has no control over such sites and resources, you acknowledge and agree that Better You Online is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, goods or services on or available from such websites or resources. You further acknowledge and agree that Better You Online shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, advertising, product, goods or services available on or through any such website or resource. The Third-party website may have different privacy policies and terms and conditions and business practices than Better You Online. In certain situations, you may be transferred to a Third-party website through a link but it may appear that you are still on this Website, but you acknowledge and agree that the Third-party website terms and conditions and privacy policy apply in this situation. Your dealings and communications through the Site with any party other than Better You Online are solely between you and such third party. Any complaints, concerns or questions you have relating to materials provided by third parties should be forwarded directly to the applicable third party.
1. IN NO EVENT SHALL BETTER YOU ONLINE, OR ITS RESPECTIVE OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, PROVIDERS, SUPPLIERS, ATTORNEYS OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ACCESS TO OR USE OF THE WEBSITE OR ANY SERVICES OFFERED BY ANY PROVIDERS VIA THE WEBSITE, INCLUDING SERVICES PROVIDED PURSUANT TO AN AGREEMENT FORMED INDEPENDENTLY OF THE WEBSITE, WHETHER OR NOT AN AGREEMENT FOR SERVICE FORMED VIA THE WEBSITE IS IN EFFECT; (II) ERRORS, MISTAKES, OR INACCURACIES OF DATA, MARKS, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF THE WEBSITE OR SUBMITTED CONTENT; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY; (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE; (VI) ANY ERRORS OR OMISSIONS IN ANY DATA, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF THE WEBSITE OR SUBMITTED CONTENT; (VII) ANY FAILED NEGOTIATIONS FOR A SERVICE, ANY DISPUTES THAT ARISE DURING OR AFTER THE NEGOTIATION OF A SERVICE OR THE FORMATION OF A CONTRACT FOR A SERVICE, OR ANY OTHER DISPUTE THAT ARISES BETWEEN USERS OF THE WEBSITE; (VIII) ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY; OR (IX) ANY USE OF ANY DATA, MARKS, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF THE WEBSITE OR SUBMITTED CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BETTER YOU ONLINE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION
2. IN NO EVENT SHALL THE TOTAL, AGGREGATE LIABILITY OF BETTER YOU ONLINE, OR ANY OF THE ABOVE-REFERENCED RESPECTIVE PARTIES, ARISING FROM OR RELATING TO THE WEBSITE, AND/OR SUBMITTED CONTENT EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID TO BETTER YOU ONLINE BY YOU HEREUNDER.
YOU HEREBY ACKNOWLEDGE AND AGREE THAT BETTER YOU ONLINE SHALL NOT BE LIABLE FOR SUBMITTED CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU FURTHER ACKNOWLEDGE AND AGREE THAT BETTER YOU ONLINE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM OR RELATING TO ANY CONTRACT BETWEEN WEBSITE USERS ENTERED INTO INDEPENDENTLY OF THE WEBSITE.
THE WEBSITE MAY CONTAIN LINKS TO THIRD-PARTY WEBSITES THAT ARE NOT OWNED OR CONTROLLED BY BETTER YOU ONLINE. BETTER YOU ONLINE DOES NOT HAVE ANY CONTROL OVER, AND ASSUMES NO RESPONSIBILITY FOR, THE CONTENT, PRIVACY POLICIES, OR PRACTICES OF ANY THIRD-PARTY WEBSITES. IN ADDITION, BETTER YOU ONLINE WILL NOT AND CANNOT CENSOR OR EDIT THE CONTENT OF ANY THIRD-PARTY SITE. BY USING THE WEBSITE, YOU EXPRESSLY RELIEVE BETTER YOU ONLINE FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY THIRD-PARTY WEBSITE. ACCORDINGLY, PLEASE BE ADVISED TO READ THE TERMS AND CONDITIONS AND PRIVACY POLICY OF EACH THIRD-PARTY WEBSITE THAT YOU VISIT, INCLUDING THOSE DIRECTED BY THE LINKS CONTAINED ON THE WEBSITE.
3. FORCE MAJEURE
Neither Better You Online nor you shall be liable to the other for any delay or failure in performance under the Terms of Use, other than payment obligations, arising out of a cause beyond its control and without its fault or negligence. Such causes may include, but are not limited to fires, floods, earthquakes, strikes, unavailability of necessary utilities, blackouts, acts of God, acts of declared or undeclared war, acts of regulatory agencies, or national disasters.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS BETTER YOU ONLINE, AND ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, PROVIDERS, SUPPLIERS, AND AGENTS, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS OR DEBT, AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEYS’ FEES) ARISING FROM YOUR USE OF, ACCESS TO, AND PARTICIPATION IN THE WEBSITE; YOUR VIOLATION OF ANY PROVISION OF THE TERMS OF USE, INCLUDING THE PRIVACY POLICY; YOUR VIOLATION OF ANY THIRD-PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY, PROPRIETARY, INTELLECTUAL PROPERTY, OR PRIVACY RIGHT; OR ANY CLAIM THAT YOUR SUBMITTED CONTENT CAUSED DAMAGE TO A THIRD PARTY. THIS DEFENSE AND INDEMNIFICATION OBLIGATION WILL SURVIVE THESE TERMS OF SERVICE AND YOUR USE OF THE WEBSITE.
IF YOU HAVE A DISPUTE WITH ONE OR MORE USERS, YOU FOREVER RELEASE BETTER YOU ONLINE (AND ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, PROVIDERS, SUPPLIERS, AGENTS, SUBSIDIARIES, AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE WEBSITE AND/OR ANY SUBMITTED CONTENT.
THE TERMS OF USE, AND ANY RIGHTS AND LICENSES GRANTED HEREUNDER, MAY NOT BE TRANSFERRED OR ASSIGNED BY YOU, BUT MAY BE ASSIGNED BY BETTER YOU ONLINE WITHOUT RESTRICTION.
1. If you are a California resident, you waive California Civil Code Section 1542, which provides the following:
· 1. A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.
2. If you are not a California resident, you waive your rights under any statute similar to California Civil Code section 1542 that governs your rights in the jurisdiction of your residence.
You agree that Better You Online may provide you with notices, including those regarding changes to the Terms of Use, by email, regular mail, or postings on the Website
The Terms of Use, together with the Privacy Policy and any other legal notices or Additional Policies published by Better You Online on the Website, shall constitute the entire agreement between you and Better You Online concerning the Website. If any provision of the Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect. No waiver of any provision of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Better You Online’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision
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