Welcome to Better Marketer, operated by Better Marketer, Inc. (“Better Marketer”) and located online, at our Better Marketer website (e.g., www.bettermarketer.io or the “Site”), mobile app, and social media platform, and offline (e.g., through customer support channels, our retail locations, and in-person promotional activities) (collectively, the “Platform”). The following terms and conditions (the “Terms”) govern your use.
THE ARBITRATION AGREEMENT IN SECTION 11 (DISPUTE RESOLUTION) OF THE TERMS CONTAIN PROVISIONS GOVERNING HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED. THE ARBITRATION AGREEMENT WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS.
In order to access certain Services, you may be asked to register and create an account. As part of the registration process, you may be asked to click to agree to these Terms, and may then be asked to select or submit a user name and password. You may also be required to provide us with certain information about yourself including some types of personally identifiable information, including your legal name, phone number, address, email address, gender, and age. It is important that you provide us with accurate, complete and up-to-date information for your account and you agree to update such information to keep it accurate, complete and up-to-date. If you do not, we might have to suspend or terminate your account. You are responsible for ensuring that your password and account login are kept secret, safe, and secure at all times. Better Marketer will not be held responsible or liable for any misuse of your account in the event that a third party has access to and uses your password and account login in any way. You are responsible for all activities that occur under your account, whether or not you know about them.
When placing an order through the Platform, you will be required to provide other personal information, such as shipping address, billing address, and payment details. Additional information may be collected by Better Marketer or its third party providers at this time for security and anti-fraud purposes. You represent that the personal information you provide to us via the Platform is true, valid, complete and up-to-date in all respects, and you confirm that you are the person referred to in the shipping (unless the item is a gift) and billing information provided. Should any of the information you provide on the Platform change, please login to your account and update such information directly on the Platform.
You may not purchase commercial quantities of our products without our prior written consent, and we may place limits on your purchases. We may also, among other things, restrict orders placed by or under the same customer account or the same credit card, or orders that use the same billing or shipping address. We reserve the right to limit, cancel or prohibit orders that, in our judgment, appear to be placed with an intent to resell or distribute our products. We further reserve the right to stop doing business with customers who violate this policy or any other part of the Terms. Except as may be previously and expressly authorized by us in writing, we also prohibit the offering, use, transfer, or acceptance of our products and gift cards for promotional purposes (e.g., as prizes in contests or sweepstakes) or in connection with any lottery, raffle or wagering scheme. We reserve the right to bar any users we suspect of violating this Section 2 (or any other provision of these Terms) from further use of the Services and to refuse, limit or cancel any related orders and/or suspend or cancel any related accounts. The inclusion of products on the Platform at any time does not guarantee that these products will be available for purchase.
Prices posted on this Site may be different than prices offered by us at our physical locations. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences. We may, in our sole discretion, offer promotional codes at certain points in time, or for certain audiences. In the event such promo codes are enabled, promo codes should be entered during the checkout process to be valid. Discounts and discount thresholds exclude taxes and charges for shipping and handling. Discounts cannot be used in conjunction with any other offers.
Better Marketer may use a third party payment processor to process credit card transactions made through the Platform. You are also responsible for paying any governmental taxes imposed in connection with use of the Platform or the purchase or any products or services made available through the Platform, including sales, use, and excise taxes (excluding only taxes on Better Marketer’ net income). To the extent that Better Marketer is obligated to collect such taxes, the applicable tax will be added to your billing account. The risk of loss and title for products purchased from Better Marketer pass to you upon our delivery to the carrier. All sales are subject to our shipping and return policies, which shall be made available to you on the Platform or other delivered to you with your purchased goods. We monitor return activity for abuse and reserve the right to limit returns or exchanges in all instances. All refunds are at Better Marketer’ sole discretion.
Refer-a-friend Program: Coupon is valid for three months. Better Marketer reserves the right to modify or cancel the coupon at any time. The promotion is limited to one coupon per customer and can only be used by eligible customers who receive the coupon code from Better Marketer via email. The coupon may only be used at www.bettermarketer.io. The coupon may not be used on gift cards. The coupon is not combinable with any other discount or coupon. If you return any of the items purchased with the coupon, the coupon discount or value will be subtracted from the return credit. Applicable shipping and handling charges apply. The $100 cut-off for eligibility is not inclusive of taxes or shipping. The coupon is void where prohibited or restricted by law. Better Marketer has no obligation for payment of any tax in conjunction with the distribution or use of any coupon. Consumer is required to pay any applicable sales tax related to the use of the coupon.
3. General Restrictions on Use
You agree to use the Platform and the Services only for purposes that are permitted by these Terms and in compliance with all applicable laws, regulations, and generally accepted practices or guidelines in the relevant jurisdictions. You may only use the Platform, products, and Services for your non-commercial, non-exclusive, non-assignable, non-transferable and limited personal use, and for no other purposes.
You will not (and will not attempt to):
— Access any of the Services by any means other than through the interface that is provided by Better Marketer, including: (i) access, tamper with, or use non-public areas of the Services, Better Marketer’ computer systems, or the technical delivery systems of Better Marketer’ providers; (ii) attempt to probe, scan or test the vulnerability of any Better Marketer system or network or breach any security or authentication measures; or (iii) avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Better Marketer’ or any of Better Marketer’ providers or any other third party (including another user) to protect the Services or Platforms;
— Gain unauthorized access to Better Marketer’ computer system or engage in any activity that interferes with the performance of, or impairs the functionality or security of the Platform, the Services, Better Marketer’ networks and computer systems;
— Access any of the Platform or the Services through any automated means or with any automated features or devices (including use of scripts or web crawlers);
— Access or collect any personally identifiable information, including any names, email addresses or other such information for any purpose, including, without limitation, commercial purposes;
— Reproduce, mirror, duplicate, copy, sell, trade, or resell any aspect of the Platform, Services, or products for any purpose; and
Reproduce, duplicate, copy, sell, trade or resell any products or services bearing any trademark, service mark, trade name, logo or service mark owned by Better Marketer in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
As between you and Better Marketer, Better Marketer owns or licenses all information and materials, including logos, designs, titles, phrases, product names, images, illustrations, icons, photographs, and the copyrights, trademarks, service marks, trade dress, and other intellectual property rights associated therewith, in or made available through the Platform (“Platform Content”), as well as the selection, coordination, arrangement, and organization and enhancement of the Platform Content. All Platform Content is protected pursuant to copyright, trademark, patent, and other applicable laws. You agree not to remove or alter any copyright notice or any other proprietary notice on any Platform Content. As between you and Better Marketer, all names, trademarks, symbols, slogans, or logos appearing on the Platform, products, or Site are proprietary to Better Marketer or its affiliates, licensors, or suppliers. Use or misuse of these trademarks is expressly prohibited and may violate federal and state trademark law. Under no circumstances will you have any rights of any kind in or to the Platform Content, other than the right to use the Platform Content in accordance with these Terms.
Certain features of the Platform may allow you to contribute feedback and other information to the Platform for access, use, viewing, and commentary by other users of the Platform (collectively, “Comments”). By posting Comments, you represent that you have the full legal right to provide the Comments and that use of the Comments by Better Marketer on the Platform, and all other persons and entities, will not: (a) infringe any intellectual property rights of any person or entity or any rights of publicity, personality, or privacy of any person or entity, including as a result of your failure to obtain consent to post personally identifying or otherwise private information about a person; (b) violate any law, statute, ordinance, regulation, or agreement; (c) constitute disclosure of any confidential information owned by any third party; or (d) constitute content that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” Upon your submission of Comments or other material or information to Better Marketer, and in consideration of your use of the Platform and other good and valuable consideration which you acknowledge, you grant Better Marketer a worldwide, perpetual, irrevocable, transferable, license to access, use, publish, adapt, translate, distribute, reproduce, display, modify, create derivative works based upon, and sublicense the Comments, all without any compensation to you whatsoever; and that you will indemnify Better Marketer for all claims resulting from content you supply. Better Marketer has the right but not the obligation to monitor and edit or remove any activity or content. Better Marketer takes no responsibility and assumes no liability for any content shared by you or any third party through the Platform. For avoidance of doubt, Better Marketer shall be under no obligation: (1) to maintain any Comments in confidence; (2) to compensate you in any way for your Comments; or (3) to respond to any Comments.
5. Errors, Inaccuracies, and Omissions
Occasionally there may be information on the Platform that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Platform is inaccurate at any time without prior notice (including after you have submitted your order). We cannot and do not review all communications, products, or services made available on or through the Platform, but, although not obligated to, may review, verify, make changes to or remove any Comments, Platform Content, or the Platform, including information submitted in connection with the Platform Content or other features at any time, with or without notice in our sole discretion.
6. Disclaimers and Warranties
Better Marketer reserves the right to change the assortment of items offered and to limit the quantity of items that may be purchased from time to time and at any time, without prior notice. We also reserve the right to alter the terms or duration of any special offers or sale promotion. Better Marketer is not liable in case of stock outage or unavailability of products. We use reasonable efforts to display as accurately as possible the colors of our products that appear at the Platform, but we cannot guarantee that your computer monitor’s or mobile device’s screen’s display of any color will be accurate.
Better Marketer expressly disclaims, to the fullest extent permitted by law, any express or implied warranties: (i) that the Platform, Services, Platform Content, products, goods, advice, information or links provided on the Platform will meet your requirements; (ii) that the Services will be uninterrupted, timely, secure or free from error; (iii) that defects in the operation or functionality of any software provided to you as part of the Services will be corrected; (iv) regarding the Platform Content, goods, services, advice, information or links provided by any third parties or users; (v) that the Platform, Platform Content, products, goods, services, advice, or information displayed on the Platform will meet your requirements; and (vi) that the Platform will be error-free or that any errors will be corrected. No advice or information, whether oral or written, obtained by you from the Platform shall create any warranty not expressly stated in these Terms.
You understand that the technical processing and transmission of any Platform Content and Comments may be transferred unencrypted and involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. Please be advised that we do not guarantee that any information sent to or from our Platform will be secure during transmission, nor can we guarantee the confidentiality of any communication or material transmitted to us via the Platform or the Internet, including, for example, personal information such as your name or address. Better Marketer assumes no responsibility for: (a) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communication; and (b) any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Platforms, including any injury or damage to you or to any person’s computer related to or resulting from use of the Services or the Platforms.
Better Marketer shall have no liability to you for any damages, delays, or failure in carrying out its obligations to any customer for reasons beyond Better Marketer’ control, including without limitation, fire, lightning, explosions, power surge or failure, water, acts of God, war or terrorism, natural disasters, labor unrest, charges in or compliance with laws, revolution, civil commotion, laws, regulations, or governmental policies, and shortages of supplies and services. Better Marketer may extend delivery of an order so affected without liability to the customer except for the return of any payment made by the customer to Better Marketer with respect to any undelivered portion of the order so cancelled.
You should consult your doctor before beginning any exercise, training or athletic program. Better Marketer is not responsible for any medical or health problems that may result from your engaging in any activities described on this site or from any information you obtain from this site. If you ever feel discomfort or pain, you should not continue.
No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the Platform, Platform Content, products and/or Services except to the extent that they are expressly set out in these Terms.
7. Limitation of Liability
IN NO EVENT WILL BETTER MARKETER BE LIABLE FOR DAMAGES OTHER THAN ACTUAL AND DIRECT DAMAGES PROVEN IN A COURT OF LAW. IN NO EVENT SHALL BETTER MARKETER’ LIABILITY EXCEED THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE TOTAL LIABILITY OF BETTER MARKETER AND ITS LICENSORS SHALL NOT EXCEED TEN DOLLARS ($10).
Without limiting the foregoing, you understand and acknowledge that Better Marketer shall not be liable to you for:
— Any indirect, incidental, special, consequential, punitive or exemplary losses which may be incurred by you arising out of your use of, or inability to use, the Platform, products, or Services, including any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, or any loss of data suffered by you; or
— Any loss or damage which may be incurred by you as a result of: (i) any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Platform, products, or Services; (ii) any changes that Better Marketer may make to the Platform, products, or Services, or for any permanent or temporary cessation in the provision of the Services (or any features within the Services); (iii) the deletion of, corruption of, unauthorized access to, or failure to store, any content and other communications data maintained or transmitted by or through your use of the Platform or the Services; (iv) the use of any products or services obtained on or through the Platform; or (v) any other matter relating to the Platform, Services, Platform Content, or Comments.
The limitations on Better Marketer’ liability to you in this Section 7 shall apply whether or not Better Marketer has been advised of or should have been aware of the possibility of any such losses arising, and will survive these Terms and your use of the Platform, products, and Services.
9. Links To Other Sites
10. Complaint Procedures
If you believe that any content or postings on the Site violates your intellectual property or other rights, please notify Better Marketer by email at [email protected] with a comprehensive detailed message setting forth the following information: (a) your name and the name of your company, if any; (b) your contact information, including your email address; (c) the nature and substance of your complaint, the specific rights at issue, and your basis for making the complaint, including the content or posting that is objectionable; and (d) the following statement: “The statements, representations, and assertions made in this message are true, complete, and accurate and I have the full legal authority to make each and every such statement, representation, and assertion and to make and be granted any demand made in this message.”
11. Dispute Resolution
YOU AND BETTER MARKETER ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. Any dispute arising out of these Terms shall be resolved exclusively through final and binding arbitration conducted by the American Arbitration Association (the “AAA”). Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual; and an arbitrator must also follow the terms of these Terms, as a court would. All issues are for the arbitrator to decide, except that issues relating to arbitrability and the scope or enforceability of this agreement to arbitrate shall be for a court of competent jurisdiction to decide. Arbitration shall take place in San Francisco, California, unless Better Marketer elects otherwise. You can begin an arbitration proceeding by sending an email requesting arbitration and describing your claim to [email protected].
All arbitrations shall proceed on an individual basis. The arbitrator is empowered to resolve the Dispute with the same remedies available in court, however, any relief must be individualized to you and shall not affect any other customer. You and Better Marketer agree that each may bring claims against the other in arbitration only in your or their respective individual capacities and in so doing you and Better Marketer hereby waive the right to a trial by jury, to assert or participate in a class action lawsuit or class action arbitration (either as a named-plaintiff or class member), and to assert or participate in any joint or consolidated lawsuit or joint or consolidated arbitration of any kind. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular cause of action, then that cause of action (and only that cause of action) must remain in court and be severed from any arbitration.
The arbitrator will decide the substance of all claims in accordance with the laws of the State of California. The arbitrator shall not be bound by rulings in prior arbitrations involving different Better Marketer users, but is bound by rulings in prior arbitrations involving the same Better Marketer user to the extent required by applicable law. The arbitrator’s award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this agreement to arbitrate. If the value of the relief sought is $10,000 or less, at your request, Better Marketer will pay all filing, administration, and arbitrator fees associated with the arbitration. Any request for payment of fees by Better Marketer should be submitted by mail to the AAA along with your demand for arbitration and Better Marketer will make arrangements to pay all necessary fees directly to the AAA. If the value of the relief sought is more than $10,000 and you are able to demonstrate that the costs of accessing arbitration will be prohibitive as compared to the costs of accessing a court for purposes of pursuing litigation on an individual basis, Better Marketer will pay as much of the filing, administration, and arbitrator fees as the arbitrator deems necessary to prevent the costs of accessing arbitration from being prohibitive. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse Better Marketer for all fees associated with the arbitration paid by Better Marketer on your behalf that you otherwise would be obligated to pay under the AAA’s rules. If an arbitrator or court decides that any part of this agreement to arbitrate is invalid or unenforceable, the other parts of this agreement to arbitrate shall still apply.
You can choose to reject this agreement to arbitrate by mailing us a written opt-out notice (“Opt-Out Notice”). The Opt-Out Notice must be postmarked no later than thirty days after the date you accept these Terms for the first time. You must complete the Opt-Out Notice form by providing the information called for in the form, including your name, address (including street number and address, city, state, and zip code), phone number, and the email address used to log in to the Better Marketer account to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the agreement to arbitrate. If you opt out of the agreement to arbitrate, all other parts of these Terms will continue to apply. Opting out of this agreement to arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.
You agree that if Better Marketer does not exercise or enforce any legal right or remedy which is contained in these Terms (or which Better Marketer has the benefit of under any applicable law), this will not be taken to be a formal waiver of Better Marketer’ rights and that those rights or remedies will still be available to Better Marketer. If any court of law, having the jurisdiction to decide a matter arising out of these Terms, rules that any provision of these Terms is invalid, then that provision will be removed from these Terms without affecting the rest of the Terms and the remaining provisions will continue to be valid and enforceable. The Terms shall be governed by the laws of the State of California without regard to choice of law principles.
The Platform is controlled and operated from within the United States. Without limiting anything else, Better Marketer makes no representation that the Platform, Platform Content, Comments, services, products, information or other materials available on, in, or through the Platform is appropriate or available for use in locations other than those indicated on our website, and access to them from territories where they are illegal is prohibited. Those who choose to access the Platform from other locations do so on their own volition and are responsible for compliance with applicable laws.
Last Updated: 10/3/2023