TERMS & CONDITIONS
In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect our systems and customers, to ensure the integrity and operation of our business and systems and to improve the Site and Service, we may access and disclose any information and content (either in your account profile or in the course of using the Service) we consider necessary or appropriate, including, without limitation, profile information (i.e. name, e-mail address, etc.), IP addressing and traffic information, usage history, and posted content.
General Terms & Transactions
Creating An Account. When you register for a profile, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. The information is used to identify you as a unique Member. In the event that we learn that you have provided us with false or misleading information, we may immediately, without notice, terminate your profile.
Conduct Within Public Areas of Site
The Site may contain e-mail services, bulletin board services, forums, communities or other message or communication facilities designed to enable you to communicate and interact with other Members (the “Public Areas”). You agree to use the Public Areas only to post, send and receive messages and materials that are proper and, when applicable, related to the particular Public Area. We have no obligation to monitor the Public Areas, provided, however, we reserve the right to review materials posted to the Public Areas and to remove any materials at any time, without notice, for any reason and in our sole discretion. We reserve the right to terminate or suspend your access to any or all of the Public Areas at any time, without notice, for any reason whatsoever. You acknowledge that postings and other communications by Members are not controlled or endorsed by us, and such communications shall not be considered reviewed, screened or approved by us. Statements made in postings, forums, bulletin boards and other Public Areas reflect only the views of their authors. We specifically disclaims any liability with regard to the Public Areas and any actions resulting from your participation in any Public Areas.
You acknowledge and agree that your communications with other Members via the Public Area or otherwise is public and not private communications, and that you have no expectation of privacy concerning your use of the Public Areas. You acknowledge that personal information that you communicate on the Public Areas may be seen and used by others and result in unsolicited communications; therefore, WE STRONGLY ENCOURAGE YOU NOT TO DISCLOSE ANY PERSONAL INFORMATION ABOUT YOURSELF THROUGH THE PUBLIC AREAS. We are not responsible for information that you choose to communicate to other Members via the Public Areas, or for the actions of other Members.
Acceptable Use Policy
You may not use the Site or Service for any illegal or unauthorized purpose and you must not abuse, harass, threaten, impersonate or intimidate other Members. You are solely responsible for your conduct and any content that you submit, post or display on the Site. In furtherance of the foregoing, and by way of example and not as a limitation, you agree that you may not access the Site or use the Service in order to:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any profane, defamatory, infringing, obscene or unlawful topic, name, material or information.
- To recruit for another website or service, solicit, advertise, or contact in any form Members for employment, contracting, or any other purpose for a business not affiliated with us without express written permission from us.
- Use the Site or Service for any purpose which is in violation of local, state, national, or international law.
- Upload files that contain software or other material that violates the intellectual property rights (or rights of privacy or publicity) of any third party.
- Post content that contains viruses, Trojan Horses, worms, time bombs, corrupted files or data, or any other similar software or Services that may damage the operation of the Service or another’s computer.
- Conduct or forward surveys, contests, pyramid schemes, or chain letters.
- Post the same note repeatedly (referred to as ‘spamming’). Spamming is strictly prohibited.
- Download any file posted by another Member that a Member knows, or reasonably should know, cannot be legally distributed through the Site.
- Restrict or inhibit any other Member from using and enjoying the Site or Public Areas.
Information Provided by Members
You are solely responsible for any information or materials that you post on or transmit through the Site, and we merely acts as a passive conduit for your online distribution and publication of your information for the benefit of other Members. With respect to any information or materials that you post on or transmit through the Site, you hereby represent and warrant to us that (i) you are the owner or a licensee or otherwise have the right to provide such information, (ii) such information shall not be false, inaccurate, misleading or fraudulent; (iii) such information shall not infringe any third party’s copyright, patent, trademark, trade secret or other proprietary right or rights of publicity or privacy; (iv) such information shall not violate any law, statute, ordinance, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (v) such information shall not be defamatory, libelous, unlawfully threatening, or unlawfully harassing; (vi) such information shall not be obscene or contain child pornography or be harmful to minors; (vii) such information shall not contain any viruses, Trojan Horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and (viii) such information shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other partners or suppliers. You hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity rights, and any other rights you have in any information or materials that you post on or through the Site, in any media now known or not currently known.
3rd Party Links
Disclaimer of Warranties
- We are not responsible for any incorrect or inaccurate content posted on the Site. We are not responsible for the conduct, whether online or offline, of any Member/User while using the Services. Under no circumstances shall we be responsible for any loss or damage, including personal injury or death, resulting from use of the Services or from any content posted on the Site by us or transmitted to Members/Users, or any interactions between Members/Users, whether online or offline.
- USE OF THIS SITE IS AT THE USER’S SOLE RISK AND USE OF THE SERVICE IS AT THE MEMBER’S/USERS SOLE RISK. THE SITE AND SERVICE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE DO NOT WARRANT OR GUARANTEE THE TIMELINESS, ACCURACY OR COMPLETENESS OF THE SITE, THE INFORMATION APPEARING ON THE SITE OR THAT THE SERVICE WILL MEET YOUR REQUIREMENTS. WE DO NOT WARRANT OR GUARANTEE THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR THAT THE SITE WILL BE ERROR-FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OR SERVICE PROVIDED THROUGH THE SITE. WE ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SITE OR SERVICE.
- You hereby release us and affiliates and each of their respective directors, officers, employees, agents, licensors, attorneys, independent contractors and providers from all claims, demands, or damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with (i) any information, content, statement or materials delivered through Site but which was posted or otherwise provided by a Member or Third-party Site, or (ii) your use of the Site or Service.
- If you are a California resident, you hereby waive California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
Limitation of Liability
- YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT OR CONTENT ON THE SITE OR ARISING OUT OF THE SERVICE. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO STOP USING THE SITE AND SERVICE. WE DO NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD-PARTY PRODUCT OR SERVICE OFFERED THROUGH THE SITE AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
- IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SITE OR SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Betterform Inc.’s LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO ONE HUNDRED US DOLLARS ($100).
Intellectual Property Rights
- All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces and other content (collectively “Proprietary Material”) that users see or read on the Site is owned or licensed by us or the hosting company. Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. Except as otherwise expressly provided herein, Members or users may not copy, download, use, redesign, reconfigure, or retransmit anything from the Site without our or the hosting company’s prior express written permission. Furthermore, Members/users are not allowed to post or distribute any material that they do not own, or which they do not have permission to use. Violation of this policy may result in copyright, trademark or other intellectual property rights violations and liability, and subject Members to termination from the use of this Site or civil or criminal penalties.
Violation of this policy may result in copyright, trademark or other intellectual property rights violations and liability, and subject Members to termination from the use of this Site or civil or criminal penalties.
Limitations on Use
Copyright/Trademark Information. All rights reserved. The trademarks, logos and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our or the hosting company’s prior written consent or the consent of such third party which may own the Mark.
RETURNS AND EXCHANGES
Your satisfaction is important to us. Please return to place of purchase. For products purchased directly from Betterform, all returns and exchanges must be made within 30 days and must include original packaging and proof of purchase.