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AFFILIATE/AMBASSADOR AGREEMENT & TERMS OF USE

BETTER CONDITIONS AFFILIATE/AMBASSADOR AGREEMENT & TERMS OF USE

The terms Affiliate and Ambassador are interchangeable within this document.

THIS AGREEMENT (the “Agreement”) provides the terms and conditions of the relationship between Better Conditions, LLC. an Oregon LLC (“Better Conditions”), having its principal place of business at 4800 Meadows Road, Suite 300, Lake Oswego, Oregon 97035, and (AFFILIATE NAME), an individual, in order to participate in the Better Conditions Affiliate/Ambassador Program (“Program”) to refer traffic to Affiliate’s personal Better Conditions website/link.

 

Whereas, Better Conditions is the sole owner and operator of the internet site known as: www.thebetterconditions.com (the “Site”);

 

Whereas, Better Conditions has created a Program that enable Affiliates to refer internet traffic to the Site from the website(s) or advertising networks of others in exchange for agreed consideration; 

Whereas, you are the sole owner of your social media channels, blogs or websites known as: (“Affiliate’s Site”);

Whereas, you desire to participate in the Program, as evidenced by your application, which Better Conditions may approve or reject, in its sole discretion; and

Therefore, in consideration for the mutual promises contained herein, the Parties agree as follows:

 

  1. Definitions. Capitalized terms used and not otherwise defined in this Agreement shall have the following meanings:

 

    1. “Completed Transaction” means the goods or services of Better Conditions ordered by a Customer have been delivered, the return period has expired, and thirty (30) days has elapsed since the goods or services were paid for in full.

 

    1. “Customer” means any person or party who purchases goods or services on the Site after connecting to the Site from the Affiliate Site. 

 

    1. “Links” means the banner, buttons, coding or other manner in which a Customer is referred by one site to the Site for the purpose of promoting the sale of goods or services on the Site. The Links are prepared so as to track Customers who are directed from the Affiliate Site to the Site and make a purchase which results in a Completed Transaction.

 

    1. “Net Sale Price” means the total received in United States (US) Dollars (after conversion from non-US currency to US Dollars, if necessary) from the Customer less (i) any tax collected by Better Conditions for or on behalf of any governmental agency or taxing authority (such as sales tax or value-added tax (VAT)); (ii) shipping and handling charges; (iii) restocking fees; (iv) credit card or other charges attributable to the payment method used by the Customer; (v) currency conversion fees; or (vi) discounts, credits, or other allowances granted by Better Conditions in its sole and absolute discretion.

 

  1. Affiliate Site and Content. 

 

    1. Affiliate has sole and exclusive responsibility and liability for the development, operation, maintenance, and all materials and content that appear on the Affiliate Site. Affiliate shall operate and maintain the Affiliate Site in accordance with all applicable laws, rules, regulations, and Better Conditions Policy.

 

    1. In addition to any applicable laws, rules, regulations and Better Conditions Policy, Affiliate agrees the Affiliate Site shall not contain any information, references, or claims about Better Conditions products and their ability to treat, cure, mitigate, prevent any disease, and/or affect the structure or function of the human body. Additionally, Affiliate agrees it shall explicitly state on the Affiliate Site that the statements contained on Affiliate’s Site have not been evaluated by the FDA and that Better Conditions Products are not dietary supplements.

 

    1. In consideration of the Fees (as that term is defined herein), Affiliate agrees to place one or more of the Links on the Affiliate Site in accordance with the Terms and Conditions of this Agreement.

 

    1. Better Conditions reserves the right to monitor the Affiliate Site to determine if the Affiliate is in compliance with this Agreement.

 

    1. Better Conditions is not responsible to pay any Fees in the event Affiliate does not use the Links provided to Affiliate by Better Conditions without modification and/or if Affiliate does not properly install those Links, meaning the traffic will not be properly tracked to reflect that a Customer came from an Affiliate Site. 

 

  1. Compensation for Affiliate’s Referred Traffic. 

 

    1. Subject to Affiliate’s proper installation and use of the Links, Affiliate shall be compensated based upon the Net Sale Price from Completed Transactions. Affiliate’s compensation (“Fee”) shall be in accordance with the attached Schedule of Fees.

 

    1. The Fee shall be offset with respect to each Completed Transaction for which: (i) Better Conditions issues discounts, credits, or allowances; and (ii) there is a chargeback issued against Better Conditions for any payment previously credited to Better Conditions.

 

    1. Better Conditions reserves the right to refuse an attempted purchase by any person, in Better Conditions' sole and absolute discretion. Affiliate shall have no claim to any Fee based on Better Conditions' decision to not complete transactions with any person who accesses the Site through a Link on the Affiliate’s Site.

 

    1. The Fee relative to Completed Transactions shall be payable to Affiliate on or before the 30th day of the following month. All Fees are payable in U.S. Dollars.

 

    1. Notwithstanding the foregoing, if and to the extent Affiliate is required to file or provide certain documentation for tax and other governmental purposes, payment of the Fees may be suspended pending completion of such documentation.

 

  1. Fulfillment and Customer Information. Better Conditions is solely responsible for processing and fulfillment of all orders of goods and services on the Site, which shall be governed by the terms and conditions established by Better Conditions in its sole and absolute discretion. All information about such orders and the Customers are the sole and exclusive property of Better Conditions. Additionally, Affiliate agrees that Better Conditions may collect, process, and sell certain information about Affiliate.

 

  1. Limited License Rights. 

 

    1. Affiliate agrees to place one or more of the Links on the Affiliate’s Site. Links may contain logos, trademarks, service marks (collectively, “Marks”). Pursuant to this Agreement, Better Conditions grants Affiliate a limited, non-exclusive, non-transferable and revocable license to display the Links on the Affiliate’s Site, and nowhere else, subject to the terms and conditions of this Agreement. Affiliate may not use the Links or the Marks for any other purpose absent the express written consent of Better Conditions. Affiliate may not change, add to, alter, or delete from the Links and/or Marks. Affiliate may not use the Marks independently of the Links for any purpose without Better Conditions' express written consent. Affiliate may not use or present the Links in any manner that suggests the endorsement of or by any other goods, services, persons or entities without the express written consent of Better Conditions. In addition, Affiliate agrees to not: (i) acquire or attempt to acquire, register or attempt to register, make a claim to or in any way use domain names, trademarks, service marks, keywords, handles, screen names, or other forms of identification incorporating the Marks; or (ii) use the Marks in a way that suggests that the source of the Affiliate’s Site is Better Conditions.

 

    1. All intellectual property rights in and to the Marks, and any goodwill generated by Affiliate’s use of the Marks shall inure solely to the benefit of Better Conditions.

 

    1. Upon suspension of this Agreement, for any reason whatsoever, the rights granted herein may, in the sole and absolute discretion of Better Conditions, be suspended. Upon termination of this Agreement, the rights granted in this Section 5 shall automatically terminate.

 

  1. Representations and Warranties. Affiliate represents and warrants that:

 

    1. Affiliate is legally capable and authorized to enter into this Agreement; and if Affiliate represents an entity, all actions necessary to authorize Affiliate to enter into this Agreement have been taken.

 

    1. Affiliate is the sole owner and operator of Affiliate’s Site.

 

    1. Affiliate’s Site does not and shall not:

 

      1. Depict anyone less than eighteen (18) years of age;

 

      1. Contain material subject to 18 U.S.C. § 2257 (but if it does, Affiliate shall notify Better Conditions not less than thirty (30) days in advance of such inclusion and Affiliate shall comply in all respects therewith);

 

      1. Contain any information which Affiliate knows or reasonably should know is false;

 

      1. Contain or transmit any apps or programs that are or can be installed or downloaded to a Customer’s computer or other device without the Customer’s express and knowing consent as to the exact nature, purpose, and function of such apps or programs; 

 

      1. Contain any information, references, or claims about Better Conditions products and their ability to treat, cure, mitigate, prevent any disease, and/or affect the structure or function of the human body; and

 

      1. Not use Better Conditions' name or the Marks in any form on unsolicited communication, including any unsolicited email (spam).

 

  1. Disclaimers. Better Conditions makes no representations or warranties as to the Site. To the maximum extent of the law, Better Conditions disclaims all representations, warranties and conditions, express and implied, including the warranties of merchantability, fitness for a particular purpose, title and non-infringement. The Site is provided on an “as is” basis.

 

  1. Limitation of Liability. 

 

IN NO EVENT SHALL Better Conditions BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR INDIRECT COSTS OR DAMAGES INCLUDING BUT NOT LIMITED TO THE LOSS OF PROFITS OR BUSINESS OPPORTUNITY, EVEN IF Better Conditions HAD BEEN ADVISED OF SUCH POSSIBILITY. 

 

IN NO EVENT SHALL THE LIABILITY OF Better Conditions ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT EXCEED THE FEES PAID TO THE AFFILIATE BY Better Conditions. THIS LIMITATION APPLIES TO ANY LIABILITY ARISING FROM ANY CAUSE OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF COSTS OR DAMAGES.

 

For purposes of this Section 8, any reference to Better Conditions shall include Better Conditions' affiliates, officer, employees, principals, agents and contractors.

 

  1. Term and Termination. This Agreement shall commence upon the last signing by a Party and may be terminated by either Party upon written notice to the other. I Better Conditions terminates this Agreement due to breach by the Affiliate, no further Fees shall be paid to you and Better Conditions may seek such other relief, equitable and legal, as may be available. If the Affiliate terminates, the Fees due and owing to the Affiliate shall be paid as provided herein. Regardless of who terminates, upon termination, any and all rights and licenses granted by Better Conditions to Affiliate shall immediately cease and Affiliate shall immediately stop using and remove the Links and the Marks from the Affiliate’s Site.

 

  1. Relationship. 

 

    1. Affiliate is an independent contractor with respect to Better Conditions. Nothing in this this Agreement is intended to or should be construed to create a partnership, joint venture, franchisor/franchisee or employer/employee relationship between the Affiliate and Better Conditions. Affiliate shall not, in any manner or respect, represent, suggest or convey the impression that Affiliate is an employee or agent of Better Conditions, or that Better Conditions has endorsed Affiliate and/or the Affiliate’s Site or that you represent Better Conditions in any manner or capacity. Affiliate has no authority to and shall not enter into any agreements or obligations purporting to be binding on Better Conditions.

 

    1. As an independent contactor, Affiliate is solely and exclusively responsible: (i) for all taxes payable with respect to income earned through the Site; (ii) to obtain any liability, health, workers’ compensation, disability, unemployment, or other insurance needed, desired, or required by law, and that you are not covered or eligible for any insurance from Better Conditions; and (iii) for ensuring that you comply with any rules and regulations.

 

  1. Confidentiality. 

 

    1. Affiliate promises and agrees to hold Confidential Information in strict confidence and in trust for the sole benefit of Better Conditions, both during the term of this Agreement and for a period of three (3) years thereafter, and shall not use such Confidential Information for any purpose, whether or not for consideration, business or personal, other than as may be reasonably necessary for the performance of its duties pursuant to this Agreement, without Better Conditions' prior written consent. Affiliate shall not disclose any Confidential Information to any person or entity, other than to such of its employees or consultants as may be reasonably necessary for purposes of performing its duties hereunder and have executed agreements of confidentiality no less protective than this Agreement, without Better Conditions' prior written consent. Affiliate shall not use less than the same degree of care it uses to protect its own Confidential Information, but in any event not less than a reasonable degree of care. For purposes of clarity, Affiliate’s obligations hereunder include taking all actions necessary to ensure that Affiliate’s affiliates, employees, contractors, and agents and any other person or party who obtains Confidential Information from or as a result of provider abide by the terms of this Section 11 in their entirety. 

 

    1. Confidential Information does not include information that: (i) is or becomes publicly known through lawful means; (ii) was rightfully in provider’s possession or part of Affiliate’s general knowledge prior to the effective date of this Agreement; (iii) is disclosed to Affiliate without confidential restriction by a third party who rightfully possesses the information (without confidential restriction) and did not learn of it, directly or indirectly, from Better Conditions.

 

    1. If Affiliate is requested to disclose Confidential Information by virtue of a lawful court order, subpoena, or similar legal request, Affiliate shall promptly notify Better Conditions in writing of such requirement and cooperate so that Better Conditions may seek an appropriate protective order. Affiliate shall not use, copy, publish, distribute, disseminate, or summarize any Confidential Information except as necessary to carry out the activities contemplated herein.

 

  1. Waiver. Affiliate expressly and unconditionally waives any and all claims against Better Conditions, regardless of the bases upon which such claim(s) may be made, that may be based on, arise in connection with or be related to any of the following acts, circumstances, or conditions:

 

    1. The Site is partially or totally inoperative or inaccessible;

 

    1. There are bus, errors, or inaccuracies in the Site;

 

    1. A suspension, termination, or other action was taken with respect to your account by Better Conditions even if such suspension, termination, or other action resulted in a loss of profits to the Affiliate;

 

    1. Any claim relating to a change in this Agreement by Better Conditions; and

 

    1. Withholdings, deductions, or offset in connection with payment of Fees due or applicable tax or currency control restrictions.

 

For purposes of this Section 12, any reference to “Better Conditions” shall include Better Conditions' affiliates, officers, employees, principals, agents and contractors.

 

No waiver by Better Conditions of any breach by Affiliate of any condition or provision of this Agreement shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by Better Conditions in exercising any right, power, or privilege under this Agreement operate as a waiver to preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege.

 

Affiliate is solely responsible for the security of its Account, and the username and password associated with Affiliate’s Account. Affiliate hereby waives and dismisses any claims against Better Conditions and agrees to indemnify, defend, and hold Better Conditions harmless against any unauthorized use of or access to Affiliate’s Account by an unauthorized person using Affiliate’s name and password.

 

Affiliate agrees that any dispute it shall raise shall be as an individual only, not as a class or with or on behalf of anyone else. Affiliate expressly waives any right to bring a class or collective action, or be a member in a class or collective proceeding. Better Conditions may take any and all actions necessary to dismiss a class or collective actions or claims thereunder.

 

  1. Assignment; Succession. Affiliate may not assign this Agreement. Any attempted assignment or transfer in violation of this subsection shall be null and void. Subject to the foregoing restrictions, this Agreement is binding upon and shall inure to the benefit of the successors, heirs, and permitted assigns of the Parties. This Agreement shall be binding upon the Parties and their successors, permitted assigns, heirs, affiliates, directors, shareholders, officer, employees and/or agents.

 

  1. Choice of Law. This Agreement shall be governed by the laws of the State of Oregon, without regard to its conflict of laws rules or principles.

 

  1. Dispute Resolution. To the fullest extent permitted by law, all disputes arising out of and related to this Agreement (“Disputes”) shall be resolved by: 

 

  1. Waiver of Jury Trial. Each of the Parties knowingly, voluntarily, and irrevocably waives, to the fullest extent permitted by law, all right to trail by jury in any action, proceeding, claim, or counterclaim (whether based in contract, tort, or otherwise) arising out of or relating to this Agreement or the actions of any Party in negotiation, administration, performance, or enforcement of this Agreement.

 

  1. Remedies. All rights, remedies, undertakings, obligations and agreements contained in this Agreement or available at law, in equity, or otherwise shall be cumulative, and none shall be a limitation of any other remedy, right, undertaking, obligation or agreement. Further, this Agreement shall be binding upon the parties and their successors, permitted assigns, heirs, affiliates, directors, shareholders, officers, employees and/or agents.

 

  1. Force Majeure. Better Conditions shall not be responsible or liable for any delay or failure to fulfill any provision of this Agreement if such a delay or failure results directly or indirectly from any act of God, war, riot, insurrection, embargoes, acts of civil or military authorities, pandemic, fires, floods, explosions, accidents, or any other cause beyond the reasonable control of Better Conditions.

 

  1. Interpretation. Affiliate acknowledges and agrees that it had sufficient time and opportunity to have this Agreement reviewed by its legal counsel. If this Agreement is ever construed, whether by a court of arbitrator, such court or arbitrator shall not construe this Agreement, or any provision thereof, against any Party as drafter. 

 

The headings used in this Agreement are for convenience only and shall not be deemed to define, limit or construe the contents of any provision of this Agreement. The meanings given to terms defined in this Agreement shall be equally be applicable both to the singular and the plural forms of such terms. Whenever the context requires, any pronoun includes the corresponding masculine, feminine and neuter forms.

 

  1. Counterparts. This Agreement may be executed in counterparts by any means (including facsimile and e-mail), all of which shall be effective, but when taken together shall compromise one agreement.

 

  1. Severability. If any provision of this Agreement is unenforceable under any applicable law or is held invalid, such holding shall not affect any other provision hereof, and the defective provision shall, if applicable law permits, be modified and interpreted in a manner that is enforceable. Otherwise, the offending term or provision shall be omitted and not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.

 

  1. Amendments. Better Conditions may modify or amend the terms of this Agreement at any time by posting such changes on the Site and/or notifying the Affiliate by email. No such amendment shall be effective until at least thirty (30) days after the posting or email notice, whichever occurs first. Notwithstanding any modification, the rights and obligations of the Parties relating to the consideration to be received hereunder and any fees to be charged as between the Parties as to any occurrence prior to the effective date of such modification shall remain unchanged by any such modification.

 

  1. Notices. Any notices or other communications required or permitted hereunder shall be sufficiently given if in writing and delivered in Person or sent by registered or certified mail (return receipt requested) or nationally recognized overnight delivery service, postage pre-paid, or delivered via facsimile transmission addressed as follows:

 

To: Better Conditions

____________________________

____________________________

Email: ____________________________

 

To: Affiliate

____________________________

____________________________

Email: ____________________________

 

Notices, demands, or requests which Better Conditions or Affiliate are required or desire to provide the other hereunder shall be deemed to have been properly given for all purposes if: (i) hand-delivered to the Party’s notice address; (ii) delivered to a nationally recognized overnight courier such as FedEx, UPS, or DHL to its addressee at such Party’s notice address; or (ii) delivered via facsimile transmission to the Party’s facsimile number. Each such notice, demand, or request shall be deemed to have been received upon the earlier of: (i) actual receipt or refusal by the addressee if hand-delivered in accordance with this clause (i) or (ii) above, or (ii) the date and time of transmission if sent during business house if in accordance with clause (iii) above. The Parties shall notify the other of any change in address, which notification must be at least two (2) business days in advance of it being effective. Notices may be given on behalf of any Party by such Party’s legal counsel. For a notice to be valid and effective, an email copy of such notice shall be sent concurrently to the addressee’s email. An email notice alone shall be sufficient upon acknowledgement of receipt by the recipient or the recipient’s reply to such email, direct or indirect.

 

  1. Entire Agreement. This Agreement sets forth the entire agreement and understanding between the Affiliate and Better Conditions relating to the subject matter hereof and thereof and supersedes any prior or contemporaneous discussions, agreements, representations, warranties and other communications between the Affiliate and Better Conditions, written or oral, to the extent they relate in any way to the subject matter hereto.

 

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement through the Tapfiliate program. 

 

SCHEDULE I

FEES

 

For each Completed Transaction, Affiliate shall be compensated a flat fee of $25 per product. 

 

Better Conditions is not responsible to pay any Fees in the event the Affiliate does not use the Links provided by Better Conditions without modification -OR- if Affiliate does not properly install those Links, meaning the traffic will not be properly tracked to reflect that a Customer came from the Affiliate’s Site.

 

 

 

 

 

 

 

 

BETTER CONDITIONS, LLC

 

Terms of Use 

Effective Date: December 3, 2021

 

Better Conditions, LLC (“we,” “us,” or “our”) welcomes you to our ambassador program! We’re excited to have you with us and that you’ve decided to access and use our online services (the “Services”), which are made available to you through our website located at www.thebetterconditions.com. (the “Website”).

 

We provide Visitors (as defined below) with access to the Website, and Customers (as defined below) with access to the Services subject to the following Terms of Use. By browsing the public areas or by accessing and using the Services, you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Use and our Privacy Policy, which is hereby incorporated by reference (collectively, this “Agreement”). If you do not agree to any of these terms, then please do not use the Website and/or the Services. We may change the terms and conditions of these Terms of Use from time to time, provided, however, if we make any material changes, we will notify you by any reasonable means prior to the changes becoming effective, such as (i) sending you an email (sent to the email address specified in your account), and/or (ii) posting the updated Agreement to the Website.  Your continued use of the Website and the Services following any updates to this Agreement shall constitute notice and acceptance of such updates.

 

Capitalized terms not defined in these Terms of Use shall have the meaning set forth in our Privacy Policy.

 

THE SECTIONS BELOW TITLED “ARBITRATION AGREEMENT” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.

 

1. No Medical Advice

 

You acknowledge and agree that we do not provide any form of medical care, medical opinion, medical advice, diagnosis, or treatment, and that we do not evaluate the need to seek medical attention through the Website, the Services or otherwise. The Website, the Services, the Content and the Contributions (as defined below) are for informational purposes only, and are not intended as a substitute for professional medical advice, diagnosis, or treatment. You should not use the information on the Website or the Services for diagnosing or treating a health problem or disease, or prescribing any medication or other treatment. Always seek the advice of your physician or other qualified health provider before taking any medication or nutritional, herbal or homeopathic product and with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Website, the Services and/or the Content. If you think you may have a medical emergency, call your doctor or 911 immediately. Reliance on the Website, the Services, the Content and Contributions is solely at your own risk. Information provided on the Website and the Services (including the Content and Contributions), and the use of any products or services purchased from our Website by you does not create a doctor-patient relationship between you and any of the health professionals affiliated with our Website or the Services. Information and statements regarding our products have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease.  

 

We do not endorse manufacturers’ or others’ claims about the efficacy, potency or ingredients of the products. No information conveyed by us either orally or in writing shall create any warranty or representation of any kind.

 

2. Legal Matters

 

We operate in the cannabis industry, specifically as it relates to hemp-derived full spectrum oil, and our products contain cannabidiol (“CBD”) and trace amounts of tetrahydrocannabinol (“THC”).  Any change in current federal or state statutes, regulation or enforcement, or current federal or state statutes, regulation or enforcement may have a material adverse effect on our ability to offer, distribute and sell, and your ability to purchase, possess, resell, consume or use, our products.  You acknowledge that we do not provide any form of legal advice or opinion whatsoever, through the Website, the Services or otherwise, with respect to the legality of the purchase, distribution, possession, use or consumption of the products by you or a third party.  The Website, the Services and the Content are for informational and entertainment purposes only, and are not a substitute for professional legal advice.  

 

Products containing CBD are regulated by Federal law as well as laws of the applicable states.  The Food and Drug Administration has taken a position that CBD derived from marijuana is against the law, and that CBD may not be added to foods, beverages or supplements, with limited exceptions such as a prescription medication for a rare form of epileptic seizures.  The Drug Enforcement Agency has also stated that CBD derived from marijuana remains against the law, subject to the same exception for the epileptic seizure drug.  Similarly, for example, the California Department of Public Health’s Food and Drug Branch has expressed its view that any CBD products, including CBD oil derived from industrial hemp, are not allowed in foods and beverages.  Several other states have also taken this stance.  There is great uncertainty in this area of the law, both in terms of interpretation and enforcement, and you are urged to contact your legal counsel for guidance.  You agree and acknowledge that you will not rely on any information in the Website, the Services, the Content or the Contributions for the purposes of compliance with applicable laws.

 

3. Description and Use of Services

 

Through the Services, we offer products for sale (“Products”) that we deliver to you in packaged boxes or other containers on a single purchase basis (“Purchase”) or a subscription basis (“Subscription”). We provide Visitors and Customers with access to the Website and the Services as described below. 

 

Visitors, as the term implies, are people who do not register with us, but want to explore the Website. No login or registration is required for Visitors. Visitors can: (i) view all publicly-available content on the Website; (ii) e-mail us at info@thebetterconditions.com, and (iii) contact us using the form on our Website. 

 

Customers. You become our Customer when you register with us on the Website, and/or when you purchase or sign up for a Subscription. Customers can do all things that Visitors can do, and can also access their personal account information and use the Services. We are under no obligation to accept any individual or organization as a Customer and may accept, reject or revoke any registration, or any Purchase or Subscription, in our sole and complete discretion.

 

4. Use of Your Personal Information; Your Content

 

Your use of the Services may involve the transmission to us of certain personal information. Our policies with respect to the collection and use of such personal information are governed by our Privacy Policy (https://thebetterconditions.com/pages/privacy-policy), which is hereby incorporated by reference in its entirety.

 

Additionally, any content that you email, post, or otherwise transmit to the Services, including reviews, comments, feedback, suggestions, media files, links, blog posts, “likes” and other content (regardless of whether such information is posted publicly or with password protection), together with your associated user name on the Website, will be publicly known as your “Contributions.” We do not own your Contributions. By posting Contributions, you represent (i) that you are the owner of those Contributions or have all of the necessary rights to share it, and (ii) give us permission to use, re-use, license, copy, adapt, paraphrase, summarize, abridge, amend, distribute, modify, translate, publish, perform, display, develop, reproduce, communicate to the public and to make your Contributions otherwise available in any form and by any media (whether now known or hereafter devised), whether on a commercial or non-commercial basis anywhere in the world in perpetuity. This includes the right to incorporate any suggestions or other feedback contained in your Contributions into the Website, the Services and/or any future products or services, and you agree that we have no responsibility to you for compensation or reimbursement of any kind, under any circumstances, for submission or use of such suggestions, feedback or other Contributions. 

 

You agree that you will not submit any Contribution which:

 

  • is threatening, bullying, defamatory, abusive, obscene, lewd, sexually provocative or suggestive, pornographic, or which in any manner could give rise to any civil or criminal liability under applicable law; 

 

  • is or could be taken as slurs, hate speech, or attacks on individuals or groups on the basis of race, color, gender, age, religion, national origin, disability, sexual preferences, or gender identity; 

 

  • encourages or constitutes behavior that does not support a safe and comfortable environment for all users, which conduct may include but not be limited to bullying, vigilantism, engaging in any conduct or activity that is threatening, harmful, harassing, abusive, vulgar, hateful, defamatory, lewd, sexually provocative, suggestive, or explicit, inflammatory, profane, racially or ethnically objectionable or discriminatory, or in any manner encourages inappropriate, disrespectful, abusive, or unlawful conduct or otherwise makes the Services an uncomfortable experience for anyone; 

 

  • violates any local, state, federal or international laws or gives rise to civil liability; 

 

  • violates or infringes any rights of third parties (including but not limited to copyright, trademark, rights of privacy or publicity, defamation or any other proprietary right); 

 

  • uses or possesses programs to “crack” the Services or other Internet security tools, or contains, or uploads files that contain, viruses, Trojan horses, worms, corrupted files or data, or any other similar software or programs that may damage or inhibit the operation of the Services; or 

 

  • anything else that we, in our sole determination, deem offensive or harmful to the Services or to our integrity, ethics, business, or brand. 

 

We are not required to assess or otherwise determine the validity or legitimacy of any complaints or demands that we may receive regarding any Contributions that you may use or allow others to use in connection with the Service (including Contributions posted or submitted to the Service) before we take any remedial action that we consider, in our sole discretion, to be appropriate.

 

WE DO NOT CONTROL THE CONTRIBUTIONS POSTED OR SUBMITTED TO THE SERVICE, NOR DO WE HAVE ANY OBLIGATION TO MONITOR, SCREEN, POLICE OR EDIT THOSE CONTRIBUTIONS FOR COMPLIANCE WITH APPLICABLE LAWS OR THIS AGREEMENT. YOU MAY FIND SOME OF THE CONTRIBUTIONS POSTED BY OTHER USERS TO BE OFFENSIVE, HARMFUL, INACCURATE OR DECEPTIVE. YOU SHOULD USE CAUTION AND COMMON SENSE WHEN USING THE SERVICE.

 

If you submit or otherwise provide to us any communications, content or Contributions, including, without limitation, any personal or commercial information, idea, concept or invention, you hereby irrevocably grant to us an unrestricted, worldwide, irrevocable, perpetual, sublicensable (through multiple tiers), royalty-free license to use, reproduce, display publicly, perform, publish, transmit, distribute and otherwise exploit Contributions in any medium and for any purpose, and you further agree that we are free to use any ideas, concepts or know-how that you or individuals acting on your behalf provide to us in accordance with the foregoing license grant. You further irrevocably waive any ”moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding Contributions, ideas, concepts or know-how provided to us that you may have under any applicable law under any legal theory.

 

5. Product Descriptions and Availability

 

(a) Product Descriptions.

 

Our Website contains descriptions of the products we offer for sale on the Website. We attempt to be as accurate as possible with the descriptions of the products made available to you through the Services . However, we make no warranties that the product descriptions and any other content are accurate, complete, reliable, current, or error-free.  In providing product descriptions on our Website, we rely entirely or in large part on the description and other information provided by the manufacturer or supplier of such product, without independent verification of any kind.  Certain weights, measures and similar descriptions are approximate and are for convenience only. We endeavor to undertake reasonable efforts to accurately display the attributes of products, including the applicable colors, however the actual colors that you see will depend on your device, and we cannot guarantee that your device will accurately display such colors.  If a product offered by us is not as described, your sole remedy is to return it in unused condition in accordance with our return and refund policies. We reserve the right, at any time, to modify, suspend, or discontinue the sale of any product with or without notice and we will not incur any obligation or liability as a result of such change.




 (b) Certain Terms of Offer and Purchase

 

In general, offers on the Service are good only while supplies last. Sweepstakes, giveaways, specials, sales, and other promotions offered at the Service may not be available in our physical stores (if any). Likewise, sales and specials offered in-store might not be reflected online. It is your responsibility to ascertain and obey all applicable local, state, and federal laws (including minimum age requirements) regarding the possession, use and sale of any products through our Website or the Service. By submitting any information through the Service in connection with purchasing any products, you grant us the right to provide such information to third parties for purposes of facilitating such purchase. Verification of information may be required by us or a third party prior to the acknowledgment or completion of any transaction. You represent and warrant that you have the right to use any credit card or other method of payment that you submit in connection with a transaction in connection with the Service. Further terms and conditions related to transactions in connection with the Service may apply.  You agree to pay all charges incurred by you or on your behalf through the Service, at the prices in effect when such charges are incurred, including all shipping and handling charges. In addition, you are responsible for any taxes applicable to your transactions

 

(c) Shipping.

 

Our packages are shipped via USPS First Class, USPS Priority Mail, UPS Ground, UPS Next Day Air and UPS 2nd Day Air. Packages are delivered between 2-10 business days after ordering. In the event of shipping delays, please contact us on our Website or other methods described in the confirmation email. [Please revise as appropriate, including for any international shipping.]

 

Products containing less than 0.3% THC are legal in the United States.





(d) Refunds, Return Policy and Procedures

 

If for any reason you are not satisfied with your product(s), we are happy to provide you with a full refund within 30 days of the date your product(s) were delivered. For the fastest refunds please contact us directly via email, info@thebetterconditions.com, or call us at 503-673-2299.

We do not accept product returns, so you will never have to deal with the hassle of shipping something back to us. If you're not happy with your products, simply let us know and we will refund you, no questions asked.

We will always respond within 72 hours, 365 days a year, confirming that your refund has been processed. We never want our customers to feel the need to contact their credit card companies to get their money back, which is time consuming and slows down the refund process. Which is why we are dedicated to serving you quickly and efficiently.

We greatly appreciate each and every one of you for giving us the opportunity to help you feel better, and if you aren't sure what products are best for you and your needs, please don't hesitate to reach out! We're always happy to help. 

 

6.      Registration

 

To create an account and/or make purchases through the Website, you will be asked to submit certain information, which may include your name and/or a username, email address, and password. Each time a user logs in using your password or identification, you will be deemed to be authorized to access and use the Website in a manner consistent with this Agreement and we have no obligation to investigate or verify the identity, authorization or source of any such access or use of the Website.

 

In order to access certain features of the Services, you may be required to link your account with a social networking site or other third party account, such as Facebook (“SNS” and each such account, a “Third-Party Account”) by allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you have the right to grant us access to your Third-Party Account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without requiring us to pay any fees or subjecting us to any usage limitations imposed by such third-party service providers. By granting us access to any Third-Party Accounts, we may access, make available and store (if applicable) any photographs, information, data, text, software, graphics, video, messages, tags and/or other materials accessible through the Website (“Content”) that you have provided to and stored in your Third-Party Account (“SNS Content”) so that it is available on and through the Site via your account. You may also share Content obtained or accessed through the Services with such Third-Party Account.

 

You have the ability to disable the connection between your account and your Third-Party Accounts at any time by changing the relevant settings of such Third-Party Accounts or the Website.

 

PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND WE WILL HAVE NO LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO THEM BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS. We make no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non -infringement, and we are not responsible for any SNS Content.

 

YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING YOUR PASSWORD AND IDENTIFICATION WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS WEBSITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING, WITHOUT LIMITATION, FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE 

 

You are solely responsible for protecting the security and confidentiality of your password and identification. You shall immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of this Website’s security.

 

At the time of your first order, we will request shipping and payment information. You agree that we may update your payment information with information your bank or credit card issuer may supply, or other information available to us.

 

7. Subscription Process, Renewal and Cancellation

 

If you purchase a Subscription to our products through our Website, you will receive a shipment containing a recurring supply of Products based on the delivery interval you have selected.

 

Your Subscription will continue on a recurring basis at the selected delivery interval until you choose to cancel. There is no subscription fee associated with your Subscription. You will only be charged for the price of the product,the cost of shipping and handling and applicable taxes. After your initial Subscription period, and again after any subsequent Subscription period, your Subscription will automatically commence on the first day following the end of such period (each, a “Renewal Commencement Date”) and continue for an additional equivalent period, at our then-current price for such Subscription. You agree that your account will be subject to this automatic renewal feature unless you cancel your Subscription at any time prior to the Renewal Commencement Date.

 

If you do not wish your account to renew automatically, or if you want to cancel your subscription, please log in and follow the link on our Website for changing or cancelling your Subscription.  By subscribing, you authorize us to charge your payment provider now, and again at the beginning of any subsequent Subscription period. We will send you an email reminder prior to charging your payment provider each Subscription period. If you choose to cancel your Subscription at any time, your Subscription will terminate automatically and we will not charge your payment provider for the subsequent Subscription period. You agree that we may either terminate or suspend your Subscription for any reason at any time in our sole discretion.

 

8. Billing, Payments and Discounts/Promotions

 

We accept the following bank or credit cards: Visa, MasterCard, [and American Express]. For your convenience, we will save your bank or credit card information. [Add information about other payment methods you would accept.]

 

You may be charged local tax, if applicable. If your payment method is declined, we will attempt to process your charge until the transaction is approved. If we are unable to complete the transaction, we may contact you directly to update your account information.

 

Sales originating in the United States will be governed by US Law and sales.

 

We are not responsible for any fees or charges that your bank or credit card issuer may apply.

 

The risk of loss and title for items purchased by you passes to you upon our delivery of the items to the carrier. If you would like to receive a refund for any reason, please contact us at info@thebetterconditions.com. Refunds will be issued by us in our sole discretion.

 

Any discounts or promotions cannot be retroactively applied to past orders. Promotional coupons are one use per person and cannot be combined with other promotional codes. Discounts and promotions do not apply to Subscriptions or orders below any minimum purchase requirement applicable to such discounts and promotions. Valid for USA domestic customers for shipment to one of the contiguous 48 states only, unless stated otherwise. 



9. Disclaimers

 

WE DO NOT PROMISE, COVENANT, REPRESENT, WARRANT OR GUARANTEE THAT YOU OR ANY OTHER USER OF THE WEBSITE WILL OBTAIN ANY PARTICULAR OR TANGIBLE RESULT OR GOAL THROUGH THE USE OF ANY PRODUCT OFFERED FOR SALE ON THE WEBSITE, OR THROUGH THE SERVICES OR THE CONTRIBUTIONS.

 

EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED, THE WEBSITE, THE SERVICES AND THE PRODUCTS OFFERED ON THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND, UNLESS SPECIFICALLY SET FORTH OTHERWISE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES AND GUARANTEES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

 

WE DO NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED ON THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED OR THAT THE SITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THE WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW LIMITATIONS OR EXCLUSIONS ON WARRANTIES SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

10. Communications To Us

 

Although we encourage you to e-mail us, we do not want you to, and you should not, e-mail us any content that contains confidential information, including any personal information, unless we expressly request you to do so. With respect to all e-mails you send to us, including but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use without any compensation to you 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.

 

11. No Warranties/Limitation of Liability

 

IN CONNECTION WITH ANY WARRANTY, CONTRACT, PRODUCT LIABILITY OR COMMON LAW TORT CLAIMS: (I) WE SHALL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, BUSINESS INTERRUPTION, LITIGATION OR ANY OTHER PECUNIARY LOSS RESULTING FROM OR ARISING OUT OF, OR ANY WAY CONNECTED WITH THE USE, OPERATION OR PERFORMANCE OF THE SERVICE, WITH THE DELAY OR INABILITY TO USE THE SERVICE, ANY DEFECTS IN THE SERVICE, OR WITH THE PROVISION OR SALE OF, OR FAILURE TO MAKE AVAILABLE, ANY INFORMATION, SERVICES, PRODUCTS, CONTRIBUTIONS, OR OTHER RESOURCES AVAILABLE ON OR ACCESSIBLE THROUGH THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF SUCH POSSIBILITY WAS FORESEEABLE; AND (II) ANY DIRECT DAMAGES THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE SERVICES, OR THE CONTRIBUTIONS SHALL BE LIMITED TO THE GREATER OF (A) THE MONIES YOU HAVE PAID US IN CONNECTION WITH YOUR USE OF THE SERVICES (INCLUDING THE PURCHASE OF PRODUCTS) DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM, AND (B) US $10.00.

 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS ON LIABILITY. THEREFORE, SOME OF THE ABOVE LIMITATIONS ON WARRANTIES IN THIS SECTION MAY NOT APPLY TO YOU.

 

THE WEBSITE, THE SERVICES AND CONTRIBUTIONS MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS LISTED ON OR IN THE WEBSITE, THE SERVICES OR CONTRIBUTIONS. WE RESERVE THE RIGHT, BUT UNDERTAKE NO OBLIGATION, TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE WEBSITE AND THE SERVICES AT ANY TIME WITHOUT NOTICE.

 

THE OPERATION OF THE SERVICE MAY BE AFFECTED BY NUMEROUS FACTORS BEYOND OUR (OR OUR SUPPLIERS’ OR VENDORS’) CONTROL. THE OPERATION OF THE SERVICE, WHETHER BY US, OUR SUPPLIERS OR VENDORS, MAY NOT BE SECURE. SECURITY AND PRIVACY RISKS CANNOT BE ELIMINATED. PASSWORD PROTECTION AND ANY OTHER SECURITY MEASURES MAY NOT PREVENT UNAUTHORIZED ACCESS TO CONTRIBUTIONS YOU MAY USE OR ALLOW OTHER PERSONS TO USE IN CONNECTION WITH THE SERVICE, INCLUDING CONTRIBUTIONS POSTED OR SUBMITTED TO THE SERVICE.

 

WE RESERVE THE RIGHT TO DECLINE, CANCEL OR MODIFY AN ORDER IN OUR SOLE AND ABSOLUTE DISCRETION FOR ANY OR NO REASON, INCLUDING WHERE IT APPEARS THAT A CUSTOMER HAS ENGAGED IN FRAUDULENT OR INAPPROPRIATE ACTIVITY OR A CUSTOMER INTENDS TO RESELL SUCH PRODUCTS, OR UNDER OTHER CIRCUMSTANCES WHERE IT APPEARS THAT THE ORDER CONTAINS OR RESULTED FROM A MISTAKE OR ERROR.  VERIFICATION OF INFORMATION MAY BE REQUIRED PRIOR TO OUR ACCEPTANCE OF ANY ORDER.  WE RESERVE THE RIGHT TO LIMIT QUANTITIES OF ITEMS PURCHASED BY EACH CUSTOMER OR HOUSEHOLD.

 

YOU SHOULD ALWAYS CONSULT YOUR PHYSICIAN OR MEDICAL ADVISORS BEFORE STARTING ANY DIET, EXERCISE, OR NUTRITIONAL PROGRAM. IN ADDITION, YOU SHOULD CAREFULLY READ ALL INFORMATION PROVIDED BY THE MANUFACTURERS OF THE PRODUCTS OR IN THE PRODUCT PACKAGING AND LABELS BEFORE USING ANY PRODUCT PURCHASED FROM OUR WEBSITES. INFORMATION PROVIDED ON THE WEBSITE AND THE USE OF ANY SERVICES PURCHASED FROM OUR WEBSITE BY YOU DO NOT CREATE, FORM OR CONSTITUTE A DOCTOR-PATIENT RELATIONSHIP BETWEEN YOU AND ANY OF THE HEALTH PROFESSIONALS AFFILIATED WITH OUR WEBSITES, IF ANY. INFORMATION AND STATEMENTS REGARDING OUR PRODUCTS HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION AND ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE OR PREVENT ANY DISEASE.

 

You acknowledge and agree that the limitations set forth above are fundamental elements of this Agreement and the Service would not be provided to you absent such limitations.

 

12. External Sites

 

The Website and the Services may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.

 

13. Minors

 

Due to the nature of the internet, we cannot prohibit minors from visiting our Website. However, all purchases of products on our Website must be made by adults 21 years of age or older, and all users who register with our Websites must be 18 years of age or older or provide parental consent (see our Privacy Policy.).  By using the Website and the Services, you affirm and certify that you are of legal age to enter into this Agreement and be bound by its terms and conditions.

 

14. Indemnification

 

You agree to defend, indemnify, and hold us and our shareholders, officers, directors, employees, contractors, agent, representatives, successors, licensees and assigns harmless from and against any claims, damages, losses, fines, penalties, actions, or demands, including, without limitation, reasonable attorneys’ fees, expert witness fees, and costs of investigation, arising out of relating to: (i) your breach of this Agreement; (ii) your misuse of the Website, the Services, the Content or the Contributions; and (iii) your violation of any third-party right, including without limitation any copyright, trademark, property, or privacy right.

 

15. Compliance with Applicable Laws

 

The Website and the Services are based in the United States. We make no claims concerning whether the Content or the Contributions may be downloaded, viewed, or be appropriate or lawful for use, access or viewing outside of the United States. If you access the Website, the Services, the Content or the Contributions from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

 

16. Your Obligations.

 

You agree to use the Service only for lawful purposes. You agree not to interrupt or attempt to interrupt the operation of the Service in any way. Any conduct by you that, in our sole discretion, restricts, inhibits, or interferes with the ability of any other user to enjoy the Service will not be tolerated, including by means of hacking or defacing any portion of the Service, or by engaging in spamming, flooding, or other disruptive activities. You are strictly prohibited from communicating on or through the Service (including in connection with any Contributions) any unlawful, harmful, offensive, threatening, abusive, libelous, harassing, defamatory, vulgar, obscene, profane, hateful, fraudulent, sexually explicit, racially, ethnically, or otherwise objectionable material of any sort, including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. We reserve the right to terminate or suspend your access to and use of the Service, or parts of the Service, without notice, if we believe, in our sole discretion, that it is in violation of any applicable law or it is harmful to our interests or the interests, including intellectual property or other rights, of another user or other third party partners, affiliates, sponsors, providers, licensors, or merchants.

 

You must not post, transmit or otherwise make available through or in connection with the Service any virus or other computer code, file or program that is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.

 

You agree to provide true, accurate, current, and complete information in connection with the Service. It is your responsibility to maintain and promptly update this account information to keep it true, accurate, current, and complete. If you provide any information that is fraudulent, untrue, inaccurate, incomplete, or not current, or we have reasonable grounds to suspect that such information is fraudulent, untrue, inaccurate, incomplete, or not current, we reserve the right to suspend or terminate your account without notice and refuse any and all current and future use of the Service. Because any termination of your access to the Service may be effected without prior notice, you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and bar any further access to such files or the Service. Furthermore, you agree that we shall not be liable to you or any third party for any termination of your access to your account or the Service.

 

17. Termination of the Agreement

 

We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Website, the Services, the Content or the Contributions at any time and for any or no reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Website, the Services, the Content or the Contributions at any time without prior notice or liability.

 

18. Digital Millennium Copyright Act

 

We respect the intellectual property rights of others and attempt to comply with all relevant laws. We will review all claims of copyright infringement received and remove any Content or Contributions deemed to have been posted or distributed in violation of any such laws. 

Our designated agent under the Digital Millennium Copyright Act (the “DMCA”) for the receipt of any Notification of Claimed Infringement which may be given under that the DMCA is as follows:

 

Better Conditions 

4800 Meadows Road

Suite 300 

Lake Oswego, OR, 97035

 

 

If you believe that your work has been copied on the Website, the Services, the Content or the Contributions in a way that constitutes copyright infringement, please provide our agent with notice in accordance with the requirements of the DMCA, including (i) a description of the copyrighted work that has been infringed and the specific location on the Website and/or the Services where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, telephone number and e-mail address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.

 

19. Arbitration Agreement

In the event of a dispute arising under or relating to this Agreement, the Services, the Content or the Contribution or any other products or services provided by us (each, a “Dispute”), either party may elect to finally and exclusively resolve the dispute by binding arbitration governed by the Federal Arbitration Act (“FAA”). Any election to arbitrate, at any time, shall be final and binding on the other party.

 

IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT’S JURISDICTION. ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION.

 

All disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the FAA. The arbitration shall be commenced and conducted by the Judicial Arbitration and Mediation Services (“JAMS”) pursuant to its then current Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules, or, where appropriate, pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. All applicable JAMS’ rules and procedures are available at the JAMS website http://www.jamsadr.com. Each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules. Judgment on the arbitrator’s award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in [Lake Oswego, OR] or another location mutually acceptable to the parties. The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration. Nothing in this Agreement will prevent us from seeking injunctive relief in any court of competent jurisdiction as necessary to protect our proprietary interests.

 

20. 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 AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS CUSTOMER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

 

21. Miscellaneous

 

This Agreement is governed by the internal substantive laws of the State of [Oregon], without respect to its conflict of laws provisions. If this Agreement is terminated in accordance with the termination provision above, such termination shall not affect the validity of the following provisions of this Agreement, which shall remain in full force and effect: “Subscription Process, Renewal and Cancellation,” “Billing and Payments,” “Disclaimers,” “Communications with Us,” “No Warranties; Limitation of Liability,” “Indemnification,” “Termination of the Agreement,” “Arbitration Agreement,” “Class Action Waiver,” and “Miscellaneous.”

 

If legal action is necessary to collect fees or charges due from you, then you will reimburse us for all expenses incurred in collecting the fees and charges, including all attorney fees and other legal expenses.

 

Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.

 

22. Contact Information

 

Questions about this Terms of Use should be sent to us at info@thebetterconditions.com

 

Better Conditions

4800 Meadows Road

Suite 300

Lake Oswego, OR 97035