Terms of Agreement

BetterYou Health & Fitness, LLC. Terms and Conditions of Use

This document (the “Agreement”) is a legally binding agreement between you and BetterYou Health & Fitness, LLC. (“BetterYouHF”), that governs your use of BetterYou Health & Fitness, LLC. software application. BetterYouHF application can be accessed (i) as an ad-supported free-to-the-user service (ii) as a market place for upgraded purchases. Please note that you must read and agree to the terms and conditions of this Agreement before you use the BetterYouHF Application. If you do not agree to the terms and conditions of the Agreement, you may NOT use the BetterYouHF Application.

1. Contract formation

By creating a BetterYouHF account, either through BetterYouHF application or a third party such as Facebook, Inc (“Facebook”), or by using the BetterYouHF Application (including but not limited to the downloading of said application), you confirm that you are 18 years of age or more, or that you are 13 years of age or more and that you have received your parent’s or guardian’s consent to enter into this Agreement, that you have your residence in the United States, that any registration information that you submit to BetterYouHF is true, accurate and complete, that you will update such information in order to keep it current, and that you agree to the terms and conditions of this Agreement.

2. Changes to the Agreement and notices

BetterYou Health & Fitness, LLC. may make changes to this Agreement at its sole discretion. Changes will be communicated to you by us posting the new version of the Agreement on the BetterYou Health & Fitness, LLC. Websites or as otherwise determined by BetterYou Health & Fitness, LLC. in its sole discretion and your acceptance of and / or continued use of the BetterYouHF Software Application after such notification of changes to this Agreement will constitute your acceptance of such changes. You may also be asked to reacknowledge and reaccept this Agreement following any material changes.

3. Grant of license

You are granted a limited, non-exclusive, revocable license to make personal non-commercial use of the BetterYouHF Software Application  and the BetterYouHF Service and to receive by stream the media content made available through the BetterYouHF Service in the United States. You do not have a right to transfer or sublicense your rights under this Agreement. Third party components included in the BetterYouHF Software Application are licensed to you either under this Agreement, or under the relevant third party component license terms, as applicable.

4. Purchase of Products/Services in BetterYouHF Application

If you agree to pay the fee for upgraded products/services in the BetterYouHF application, such fee will be charged by the company designated by BetterYou Health & Fitness, LLC. in accordance with the payment method you have chosen for your purchase. If you are paying by credit or debit card, by designating a card to be billed, you confirm that you are authorized to make such purchase and that you are the holder of such card (i.e. that the card is issued in your name).

5. The Mobile Service

You are required to have the most recent mobile version of the BetterYouHF Software Application (the “Mobile Client”) on your mobile handset in order to use the Mobile Service. The Mobile Client may be acquired only via the official channels authorized by BetterYou Health & Fitness, LLC.. You agree that your access to and right to use the Mobile Service is expressly conditioned on your registering as a mobile subscriber via the authentication process associated with the Mobile Client, which authentication process may include additional terms and conditions applicable, and any Mobile Terms shall form part of this Agreement.

6. Third Party Applications and Third Party Applications Content

There may be content on the BetterYouHF Software Application which are owned and operated by third parties (“Third Party Applications”). Such Third Party Applications and all third party content available through such applications (“Third Party Applications Content”) are provided by the relevant third parties only and not by BetterYou Health & Fitness, LLC. Use of Third Party Applications and Third Party Applications Content are subject to the terms of use of such Third Party Applications. Your use of the Third Party Application and Third Party Application Content is subject to Section 17 (No warranty) and Section 18 (Limitation of liability).

7. Restrictions of use

For the avoidance of doubt, you agree that you may not (without limitation):

  1. copy, reproduce, “rip”, record, make available to the public or otherwise use any part of the BetterYouHF Application or its content in a manner not expressly permitted under this Agreement;

  2. provide your password to any other person or use any other person's user name and password;

  3. reverse-engineer, decompile, disassemble, modify or create derivative works based on the BetterYouHF Software Application;

  4. circumvent any technology used by BetterYou Health & Fitness, LLC., its licensors, or any third party to protect content accessible through the BetterYouHF Software Application;

  5. use the BetterYouHF Software Application in a way that violates the terms of this Agreement;

  6. circumvent any territorial restrictions applied by BetterYou Health & Fitness, LLC.;

  7. artificially increase points or reward system or otherwise manipulate the BetterYouHF Software Application;

In addition to the above, you agree to take all reasonable care to prevent unauthorized use of the BetterYouHF Software Application and its content. You also acknowledge and agree that BetterYou Health & Fitness, LLC. may remove or reclaim your username at any time if BetterYou Health & Fitness, LLC. in its absolute discretion considers such action appropriate.

8. Advertising and use of computational resources

As consideration for your rights under this Agreement, you agree that (i) BetterYou Health & Fitness, LLC. and its business partners have a right to provide promotional offers, advertising and other information to you by email or other means of communication, and that (ii) BetterYou Health & Fitness, LLC. has a right to allow the BetterYouHF Software Application to utilize the processor, bandwidth and storage hardware on your computer or other relevant device for the limited purpose of facilitating the communication and transmission of content and other data or features to you and other users of the BetterYouHF Software Application, and to facilitate the operation of the network on which the BetterYouHF Software Application runs. You may opt out of receiving promotional messages from BetterYou Health & Fitness, LLC. and its business partners at any time.

9. Customer support

If you have any questions concerning the BetterYouHF Software Application, or this Agreement, please contact BetterYou Health & Fitness, LLC. customer service by emailing betteryouhf@gmail.com.

10. Term and termination

This Agreement will become effective in relation to you when you create a BetterYouHF account or when you start using the BetterYouHF Software Application and will remain effective until terminated by you or BetterYou Health & Fitness, LLC. BetterYou Health & Fitness, LLC. will not refund any remaining balances for products/services on BetterYouHF or products/services you have already paid for on BetterYouHF. BetterYou Health & Fitness, LLC. reserves the right to terminate this Agreement or suspend your BetterYouHF account at any time in case of unauthorized, or suspected unauthorized use of the BetterYouHF Software Application whether in contravention of this Agreement or otherwise. If BetterYou Health & Fitness, LLC. terminates this Agreement, or suspends your BetterYouHF account for any of the reasons set out in this section, BetterYou Health & Fitness, LLC. shall have no liability or responsibility to you, and BetterYou Health & Fitness, LLC. will not refund any amounts that you have previously paid.

11. NO WARRANTY

THE USE OF THE BETTERYOUHF SOFTWARE APPLICATION (INCLUDING BUT NOT LIMITED TO ITS CONTENT) IS AT YOUR OWN RISK. THE BETTERYOUHF SOFTWARE APPLICATION IS PROVIDED AND LICENSED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, BETTERYOU HEALTH & FITNESS, LLC. DISCLAIMS AND GIVES NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY AS TO THE QUALITY, CONTENT AND AVAILABILITY OR FITNESS FOR A SPECIFIC PURPOSE OF THE BETTERYOUHF SOFTWARE APPLICATION OR WARRANTY OF TITLE OR NON-INFRINGEMENT. In addition, BetterYou Health & Fitness, LLC. does not warrant, endorse, guarantee or assume responsibility for any Third Party Application, Third Party Application Content or any other product or service advertised or offered by a third party on or through the BetterYouHF Software or any hyperlinked website, or featured in any banner or other advertising. Consequently BetterYou Health & Fitness, LLC. will in no way be responsible for any transaction between you and third-party providers of Third Party Applications or products or services advertised on or through the BetterYouHF Software. As with any purchase of a product or service through any medium or in any environment, you should use your judgment and exercise caution where appropriate. No advice or information whether oral or in writing obtained by you from BetterYou Health & Fitness, LLC. shall create any warranty on behalf of BetterYou Health & Fitness, LLC. in this regard.

12. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BETTERYOU HEALTH & FITNESS, LLC., ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO ANY LOSS OF PROFITS, BUSINESS INTERRUPTION, CORRUPTION OF FILES, LOSS OF BUSINESS INFORMATION, LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER FAILURE OR PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE BETTERYOUHF SOFTWARE APPLICATION (INCLUDING BUT NOT LIMITED TO ITS CONTENT), THE THIRD PARTY APPLICATIONS OR THE THIRD PARTY APPLICATION CONTENT EVEN IF YOU HAVE ADVISED BETTERYOU HEALTH & FITNESS, LLC. ABOUT THE POSSIBILITY OF SUCH LOSS, AND INCLUDING ANY DAMAGES RESULTING THEREFROM.

BetterYou Health & Fitness, LLC. Is not promising or guarnteeing any result or goal recorded on the BetterYouHF Software. BetterYou Health & Fitness, LLC. And the use of BetterYouHF Software is only a platform of content that may or may not be useful to users, and all content is to be used voluntarily.

Your only right with respect to any problems or dissatisfaction with the BetterYouHF Software Application, the Third Party Applications or the Third Party Application Content is to uninstall the BetterYouHF Software Application and to stop using any/all products/services received from BetterYouHF Software Application or BetterYou Health & Fitness, LLC., the Third Party Applications or the Third Party Application Content. In no event will BetterYou Health & Fitness, LLC.’s total liability to you in connection with this Agreement exceed the greater of one dollar (U.S. $1.00) or the total amount paid by you for the relevant BetterYouHF Services.

Nothing in this Agreement removes or limits BetterYou Health & Fitness, LLC.’s liability for fraudulent misrepresentation, death or personal injury caused by its negligence.

13. Indemnity

You agree to indemnify and hold BetterYou Health & Fitness, LLC. and its officers, directors, employees and licensors harmless from any claim or demand (including but not limited to reasonable legal fees) made by a third party due to or arising out of or related to your violation of the terms and conditions of this Agreement or your violation of any laws, regulations or third party rights.

14. Intellectual property

BetterYou Health & Fitness, LLC. respects intellectual property rights, and expects you to do the same. The BetterYouHF Software Application, and the content provided through the BetterYouHF application is the property of BetterYou Health & Fitness, LLC. or BetterYou Health & Fitness, LLC.'s licensors and protected by intellectual property rights (including but not limited to copyright), and you do not have a right to use the BetterYouHF Software Application (including but not limited to its content) in any manner not covered by the Agreement. Furthermore, you must not infringe any third party’s intellectual property rights in using the BetterYouHF Software Application. Further, you may not remove or alter any copyright, trademark or other intellectual property notices contained on or provided through the BetterYouHF Software Application.

15. Copyright infringement and take down

If you are a copyright holder who believes that any of the products, services or content which are directly available via the BetterYouHF Software Application are infringing copies of your work, please let us know. A notice of alleged copyright infringement should be sent to betteryouhf@gmail.com

A notification of claimed copyright infringement must include the following:

  1. A physical or electronic signature of the owner (or person authorized to act on behalf of the owner) of the copyright that is allegedly infringed;

  2. Specific identification of each copyrighted work claimed to have been infringed;

  3. A description of where the material believed to be infringed is located on BetterYouHF Software;

  4. Contact information for the complaining party, such as a complete name, address, telephone number, and email address;

  5. A statement that the complaining party has a good faith belief that use of the work(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

16. Technology limitations and modifications

BetterYou Health & Fitness, LLC. will make reasonable efforts to keep the BetterYouHF Software Application operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. BetterYou Health & Fitness, LLC. reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, functions and features of the BetterYouHF Software Application with or without notice.

17. Privacy

This document (the “Agreement”) is a legally binding agreement between you and BetterYou Health & Fitness, LLC. (“BetterYouHF”), that governs your use of BetterYou Health & Fitness, LLC. software application. BetterYouHF application can be accessed (i) as an ad-supported free-to-the-user service (ii) as a market place for upgraded purchases. Please note that you must read and agree to the terms and conditions of this Agreement before you use the BetterYouHF Application. If you do not agree to the terms and conditions of the Agreement, you may NOT use the BetterYouHF Application.

18. Assignment by BetterYou Health & Fitness, LLC. Terms and Conditions of Use

This document (the “Agreement”) is a legally binding agreement between you and BetterYou Health & Fitness, LLC. (“BetterYouHF”), that governs your use of BetterYou Health & Fitness, LLC. software application. BetterYouHF application can be accessed (i) as an ad-supported free-to-the-user service (ii) as a market place for upgraded purchases. Please note that you must read and agree to the terms and conditions of this Agreement before you use the BetterYouHF Application. If you do not agree to the terms and conditions of the Agreement, you may NOT use the BetterYouHF Application.

19. Entire agreement

This Agreement together with the BetterYou Health & Fitness, LLC. Privacy Policy, constitutes all the terms and conditions agreed upon between you and BetterYou Health & Fitness, LLC. and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral. Any additional or different terms or conditions in relation to the subject matter of these Agreements in any written or oral communication from you to BetterYou Health & Fitness, LLC. are void. You agree and accept that you have not accepted the terms and conditions of this Agreement in reliance of or to any oral or written representations made by BetterYou Health & Fitness, LLC. not contained in this Agreement.

20. Severability

Should for any reason or to any extent any provision of this Agreement be held invalid or unenforceable, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of this Agreement and the application of that provision shall be enforced to the extent permitted by law.

21. Mandatory arbitration; exceptions to mandatory arbitration, waiver of class action rights; limitations period; venue and choice of law

i. You and BetterYou Health & Fitness, LLC. agree that any dispute, claim or controversy arising out of or relating in any way to the BetterYouHF Software Application or your use thereof, including our Agreement, shall be determined by mandatory binding arbitration. You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and BetterYou Health & Fitness, LLC. are each waiving the right to a trial by jury and the right to participate in a class or multi-party action. This arbitration provision shall survive termination of this Agreement and the termination of your BetterYouHF account. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (the "AAA Rules"), as modified by this Agreement, and as administered by the AAA.

ii. You and BetterYou Health & Fitness, LLC. agree that (a) any claims seeking to enforce, protect, or determine the validity or ownership of any intellectual property rights, and (b) any claims related to allegations of theft, piracy or unauthorized use of the BetterYouHF Software Application are NOT subject to mandatory arbitration. Instead, you and BetterYou Health & Fitness, LLC. agree that the preceding claims (including but not limited to claims for injunctive or equitable relief) shall be exclusively decided by Courts of competent jurisdiction in Twin Cities, MN and that applicable Minnesota and/or Federal law shall govern, without regarding to choice of law principals.

iii. YOU AND BETTERYOU HEALTH & FITNESS, LLC. AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A CLASS MEMBER OR IN ANY REPRESENTATIVE CAPACITY OR PROCEEDING. Further, the arbitrator shall not consolidate any other person's claims with your claims, and may not otherwise preside over any form of a multi-party or class proceeding. If this specific provision is found to be unenforceable in any way, then the entirety of this arbitration section shall be null and void. The arbitrator may not award declaratory or injunctive relief.

22. English version prevails

In the event that this Agreement is translated into other languages and there is a discrepancy between the two language versions, the English language version shall prevail to the extent that such discrepancy is the result of an error in translation.