The following terms and conditions govern all use of the BetterBody.co website and all content, services and products available at or through the website (taken together, the Website). The Website is owned and operated by Better Body Co. (“Better Body Co”). Better Body Co. is a brand owned by Maneuver Marketing Pte Ltd.
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Better Body Co, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 18 years old.
Your BetterBody.co Account and Site. If you create a blog/site on the Website, you are responsible for maintaining the security of your account and blog, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the blog. You must not describe or assign keywords to your blog in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Better Body Co may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Better Body Co liability. You must immediately notify Better Body Co of any unauthorized uses of your blog, your account or any other breaches of security. Better Body Co will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
Responsibility of Contributors. If you operate a blog, comment on a blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
your blog is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
your blog is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog’s URL or name is not the name of a person other than yourself or company other than your own; and
you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Better Body Co or otherwise.
By submitting Content to Better Body Co for inclusion on your Website, you grant Better Body Co a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your blog. If you delete Content, Better Body Co will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Better Body Co has the right (though not the obligation) to, in Better Body Co’s sole discretion (i) refuse or remove any content that, in Better Body Co’s reasonable opinion, violates any Better Body Co policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Better Body Co’s sole discretion. Better Body Co will have no obligation to provide a refund of any amounts previously paid.
Payment and Renewal.
General Terms. By selecting a product or service, you agree to pay Better Body Co the one-time and/or monthly or annual subscription fees indicated (additional payment terms may be included in other communications). Subscription payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Payments are not refundable.
Automatic Renewal. Unless you notify Better Body Co before the end of the applicable subscription period that you want to cancel a subscription, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such subscription (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time by submitting your request to Better Body Co in writing.
Fees; Payment. By signing up for a Services account you agree to pay Better Body Co the applicable setup fees and recurring fees. Applicable fees will be invoiced starting from the day your services are established and in advance of using such services. Better Body Co reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Services can be canceled by you at anytime on thirty (30) days written notice to Better Body Co.
Support. If your service includes access to priority email support. “Email support” means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by Better Body Co to respond within one business day) concerning the use of the VIP Services. “Priority” means that support takes priority over support for users of the standard or free BetterBody.co services. All support will be provided in accordance with Better Body Co standard services practices, procedures and policies.
Responsibility of Website Visitors. Better Body Co has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Better Body Co does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Better Body Co disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which BetterBody.co links, and that link to BetterBody.co. Better Body Co does not have any control over those non-Better Body Co websites and webpages, and is not responsible for their contents or their use. By linking to a non-Better Body Co website or webpage, Better Body Co does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Better Body Co disclaims any responsibility for any harm resulting from your use of non-Better Body Co websites and webpages.
Copyright Infringement and DMCA Policy. As Better Body Co asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by BetterBody.co violates your copyright, you are encouraged to notify Better Body Co in accordance with Better Body Co’s Digital Millennium Copyright Act (“DMCA”) Policy. Better Body Co will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Better Body Co will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Better Body Co or others. In the case of such termination, Better Body Co will have no obligation to provide a refund of any amounts previously paid to Better Body Co.
Intellectual Property. This Agreement does not transfer from Better Body Co to you any Better Body Co or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Better Body Co. Better Body Co, BetterBody.co, the BetterBody.co logo, and all other trademarks, service marks, graphics and logos used in connection with BetterBody.co, or the Website are trademarks or registered trademarks of Better Body Co or Better Body Co’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Better Body Co or third-party trademarks.
Advertisements. Better Body Co reserves the right to display advertisements on your blog unless you have purchased an ad-free account.
Attribution. Better Body Co reserves the right to display attribution links such as ‘Blog at BetterBody.co,’ theme author, and font attribution in your blog footer or toolbar.
Partner Products. By activating a partner product (e.g. theme) from one of our partners, you agree to that partner’s terms of service. You can opt out of their terms of service at any time by de-activating the partner product.
Domain Names. If you are registering a domain name, using or transferring a previously registered domain name, you acknowledge and agree that use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers (“ICANN”), including their Registration Rights and Responsibilities.
Changes. Better Body Co reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Better Body Co may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Termination. Better Body Co may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your BetterBody.co account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by Better Body Co if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Better Body Co’s notice to you thereof; provided that, Better Body Co can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties. The Website is provided “as is”. Better Body Co and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Better Body Co nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
Limitation of Liability. In no event will Better Body Co, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Better Body Co under this agreement during the twelve (12) month period prior to the cause of action. Better Body Co shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
Indemnification. You agree to indemnify and hold harmless Better Body Co, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
Miscellaneous. This Agreement constitutes the entire agreement between Better Body Co and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Better Body Co, or by the posting by Better Body Co of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Nevada, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Las Vegas, Nevada. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Las Vegas, Nevada, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Better Body Co may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Better Body Co Messaging Terms & Conditions
You agree to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) messages (e.g. cart reminders) from Better Body Co including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. Msg & Data rates may apply.
Message frequency will vary. Better Body Co reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. Better Body Co also reserves the right to change the shortcode or phone number from which messages are sent and we will notify you when we do so.
Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. Better Body Co, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages.
We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless).
Text the keyword STOP, CANCEL, or UNSUBSCRIBE to our phone number to cancel. After texting STOP, CANCEL, or UNSUBSCRIBE to our number you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, CANCEL, or UNSUBSCRIBE keyword commands and agree that Better Body Co and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from Better Body Co through any other programs you have joined until you separately unsubscribe from those programs.
Text the keyword HELP to our number to return customer care contact information.
If you are experiencing any problems, please visit https://betterbody.co/pages/contact and contact us via chat or email us at firstname.lastname@example.org.
This message program is a service of Better Body Co located at 304 S. Jones Blvd, Las Vegas, NV, 89107, United States
In the interest of resolving disputes between you and Better Body Co in the most expedient and cost-effective manner, you and Better Body Co agree that any dispute arising out of or in any way related to these messaging terms and conditions ("Messaging Terms") or your receipt of text messages from Better Body Co or its service providers will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, which may allow for more limited discovery than in court and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to these Messaging Terms, or your receipt of text messages from Better Body Co or its service providers whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory and regardless of when a claim arises. YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THESE MESSAGING TERMS, YOU AND Better Body Co ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THESE MESSAGING TERMS SHALL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT.
Notwithstanding subsection 'General' above, nothing in these Messaging Terms will be deemed to waive, preclude, or otherwise limit the right of you or Better Body Co to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (iv) file suit in a court of law to address an intellectual property infringement claim.
Any arbitration between you and Better Body Co will be governed by the Federal Arbitration Act and the Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Messaging Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Better Body Co. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
If you or Better Body Co intends to seek arbitration, then the party seeking arbitration must first send a written notice of the dispute to the other party by U.S. Mail ("Notice"). Better Body Co address for Notice is: 304 S. Jones Blvd, Las Vegas, NV, 89107, United States, Attn: Chief Executive Officer. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought ("Demand"). You and Better Body Co will make good faith efforts to resolve the claim directly, but if you and Better Body Co do not reach an agreement to do so within 30 days after the Notice is received, you or Better Body Co may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Better Body Co must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any.
If you commence arbitration in accordance with these Messaging Terms, Better Body Co will reimburse you for your payment of the filing fee, unless your claim is for more than $15,000 or as set forth below, in which case the payment of any fees will be decided by the AAA Rules. If the claim is for $15,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Better Body Co for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. You and Better Body Co agree that such written decision, and information exchanged during arbitration, will be kept confidential except to the extent necessary to enforce or permit limited judicial review of the award. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from you or Better Body Co made within 14 days of the arbitrator's ruling on the merits.
No Class Actions
YOU AND Better Body Co AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Better Body Co agree otherwise in a signed writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
Modifications to this Arbitration Provision
Notwithstanding anything to the contrary in these Messaging Terms, if Better Body Co makes any future change to this arbitration provision, other than a change to Better Body Co address for Notice, you may reject the change by sending us written notice within 30 days of the change to Better Body Co address for Notice, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and Better Body Co
If an arbitrator decides that applicable law precludes enforcement of any of the limitations of subsection 'Modifications to this Arbitration Provision' above (addressing class, representative and consolidated proceedings) as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and brought in court. If any other provision of these Messaging Terms is found to be unenforceable, the applicable provision shall be deemed stricken and the remainder of these Messaging Terms shall remain in full force and effect.
ACCEPTANCE OF THE REBATE TERMS:BY APPLYING TO OUR REBATE PROMOTIONS (ALSO KNOWN AS "CASHBACK" OR "CASH BACK") , YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE REBATE TERMS. IF YOU DO NOT AGREE TO ALL OR PART OF THIS REBATE TERMS PLEASE DO NOT, SIGN UP OR USE THE SERVICES IN ANY MANNER. THIS REBATE TERMS GOVERNS YOUR ACCESS TO, AND USE OF, THE WEBSITE, SERVICE AND PROMOTION PROGRAMS.
We reserve the right to amend or revise the Rebate Terms at our sole discretion periodically; such changes will be effective immediately upon the display of the revised Terms. Your continued use of the Rebate Promotion following such amendments constitutes your acknowledgment and consent of such amendments to the Rebate Terms and your agreement to be bound by them.
You hereby represent and warrant that: (i) you are eligible to enter into these Rebate Terms, or, where applicable, you have all proper authorization to enter into these Terms; (ii) you are not considered to be a “child,” “minor” or any other similar term, in your jurisdiction and that you are not under the age of 18; and (iii) to comply with all applicable laws.
THE REBATE PROMOTION
The Rebate Promotion offers rewards which you may be eligible for when you purchase eligible goods or services or conduct certain actions (such as registering to the newsletter) on Better Body Co's Website.
The Rebate Promotion is only available to non-customers who are purchasing one-time purchase products. Customers are defined as individuals who have already placed an order using any email address.
The Rebate Promotion is not applicable to:
Orders that have already received other discounts, such as coupon codes, or to orders that utilize coupons
Autoship subscription products
THE TOKEN AND PAYOUT
As part of the Rebate Promotion, and subject to filling in the Redemption Form which was accepted by us, we offer the following rewards (each and collectively a “Reward”): (i) a virtual Visa pre-paid card (“Virtual Card”); or (ii) a gift card for use only on Better Body Co. In the event you choose a Virtual Card, additional terms apply as detailed below. To be eligible for this Reward, you must purchase a qualified product or service as determined by Better Body Co.
Following the purchase, you will need to fill in the Redemption Form. You hereby acknowledge and agree that we may object and decline your request to participate in the Rebate Promotion subject to our sole discretion.
Unused funds or unclaimed Rebate Promotions or Reward will forfeit and your balance will be declined.
To receive the Reward you shall submit a redemption form which may require you to fill in the information regarding your purchase, your contact information, merchant code, date of birth and any reasonable information required by us (“Redemption Form”). The Redemption Form is available to you in a digital form, which you can review prior to proceeding with your purchase on Better Body Co, or after purchasing the qualified goods or services, as we will send the Redemption Form to the email address you provide during your checkout.
Pursuant to submitting a Redemption Form, Better Body Co will process such information to assess your eligibility. If we find your request eligible for the Reward, you will be provided with the Reward.
However, you will only be able to use your Reward after the holding period which is 60-days from your purchase. No exceptions will be made to the 60-day waiting period.
In the event of a return, refund or chargeback, for goods or services qualifying under the Rebate Promotion, you agree to revoke your right to your Redemption Form and the Reward.
If you do not submit the Redemption Form we are under no obligation to remind you to do so, or to provide you with the Reward. To receive the Reward you must fill in the Redemption Form. There is no automatic redemption or periodic distribution of payments. No interest is paid on balances. Subject to applicable laws, the balances are not your property, and you have no property rights or other legal interest in such. All amounts, Rewards and Rebate Promotions, remain the sole property of Pen to Paper (the app provider) or Better Body Co, as applicable. Your Reward and balance or any part of it is not transferable, cannot be brokered, bartered, assigned, or sold, and cannot be divided as part of a settlement, legal proceeding or death, and cannot be combined with other rewards of any other member or participant in the Rebate Promotion.
Better Body Co is not responsible for lost, late, damaged, illegible, misdirected or postage-due submissions. Excessive submissions constitute fraud and may result in federal prosecution under the US law. Keep copies of all materials submitted.
Following the acceptance and the approval of the Redemption Form, you will be able to choose the Reward as detailed above. The Rewards are subject to additional terms and conditions provided by us, the Merchant or our payment service provider, as applicable (“Additional Terms”). We recommend you review those terms prior to choosing the Reward as these terms limit your use of the Reward. You do not own the Reward, you have the right to use the Reward subject to the terms herein and in the Additional Terms.
Specifically, if you choose the Virtual Card you hereby understand and acknowledge, it is not a gift, or a gift card, it is not provided by the Merchant and is not a gift you received. Furthermore, you do not own the Virtual Card, we do, however, as part of the Rebate Promotion we provide you with a limited right to use the balance under the Virtual Card. The fact your name is virtually added to the card does not mean it is your property, adding your name is our way to personalize you experience. The Virtual Card is subject to the cardholder agreement (“CHA”):https://www.getfondue.com/visa-prepaid-card-terms-of-service, in the event of a discrepancy between these Terms and the CHA, these terms shall prevail.
Addition terms apply to the Virtual Card (defined terms below have meaning in the CHA):
We will collect, use and disclose your information with MeshPay US Inc. the payment service provider. To help the government fight the funding of terrorism and money laundering activities, federal law requires all financial institutions and their third parties to obtain, verify, and record information that identifies each person who obtains a Virtual Card. What this means for you: When you apply for a Virtual Card, we will ask for your name, address, date of birth, social security number or country identification number, and other information that will allow us to identify you. By participating in the Virtual Card program, you agree that the information and statements you provide to us are accurate, including, but not limited to, your real name, valid U.S. mailing address and residential address (if different), social security number or other identification documentation, date of birth, and telephone number. If you fail to provide accurate information that we request, we may cancel your Virtual Card.
In addition, funds tied to suspected illicit or illegal activity may be subject to both internal and potentially federal investigation. We reserve the right to restrict or delay your access to any such funds.
The Virtual Card will be displayed either in the mobile app or the website or the email account, after the successful verification of your identity as described above and will be activated and ready for use. You may access the funds in your Balance by using your Virtual Card Number for transactions or purchases initiated over the phone or online. In this manner you may also electronically access your Balance.
You willnotreceive a PIN for your Virtual Card. You willnotbe issued a physical Virtual Card. The Virtual Card willnotwork at ATMs.
If you think an error has occurred in your Balance, promptly contact us. We will allow you to report an error until 60 days after the date you electronically access your Balance, if the error could be viewed in your electronic history. You may request a written history of your transactions at any time contacting us.
If you believe your Virtual Card, Access Code(s), have been disclosed or stolen, contact us immediately.
The use of the Virtual Card is limited, and will expire, following the expiration you will have no rights to reclaim the Balance at any point. If you choose to cancel the Virtual Card or terminate these Terms or the CHA you will be declined from any further use of the Balance.
Your right to submit the Rebate Redemption Form is limited to 6 months unless otherwise stated. Further, Rewards may have expiration dates as detailed above. Notwithstanding the above, these Rebate Terms are a legally binding agreement in which either party may terminate at any time, if we terminate these Rebate Terms we will provide reasonable notice as detailed above, you can terminate these Rebate Terms at any time, with or without cause, effective immediately.
If, over a lengthy period of time, you fail to redeem your Reward the Reward may be transferred, reported, or conveyed to a state agency if required under applicable state laws relating to unclaimed property or escheatment of property or may be reclaimed by Better Body Co or Pen to Paper, as applicable and depending on the Reward you have chosen. To avoid any such risks under applicable state laws,you should submit the Redemption Forms on a regular, continuing basis and use the Reward within a reasonable amount of time, in which we have granted you the right to use it. This right is limited in time and will expire.We take no responsibility for any loss of balances due to the abandonment of such balances by you.We hereby grant you the right to claim your Reward, by submitting a valid Rebate Form within 6 months of the Effective Date. We further grant you the right to use the Reward within 6 months of activating it, unless otherwise stated on the Reward.
DISCLAIMER OF WARRANTIES
IN ADDITION TO THE DISCLAIMERS PROVIDED UNDER THE BETTER BODY CO TERM, AND EXCEPT AS PROVIDED HEREIN, THE REBATE PROMOTION IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE, MARKETABILITY, SUITABILITY, INCOMPLETENESS, APPLICABILITY OR RELEVANCE OF THE REBATE PROMOTION. BETTER BODY CO SHALL NOT BE RESPONSIBLE FOR SOFTWARE DEFECTS OR COMPUTER MALFUNCTIONS OR TELECOMMUNICATIONS FAILURES THAT AFFECT THE OPERATION OF THE REBATE PROMOTION. BETTER BODY CO ASSUMES NO RESPONSIBILITY OR LIABILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, LOSS, THEFT OR DESTRUCTION, OF ACCOUNT BALANCE INFORMATION OR OTHER INFORMATION PROVIDED BY YOU. WE DISCLAIM ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF, OR IN ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS IN ADMINISTERING THE REBATE PROMOTION OR RELATED WEBSITES, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) ANY THIRD PARTY WEBSITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THESE SITES, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (C) THE UNAVAILABILITY OF THESE SITES OR ANY PORTION THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO TO THAT EXTENT CERTAIN EXCLUSIONS SET FORTH HEREIN MAY NOT APPLY.
LIMITATION OF LIABILITIES
IN ADDITION TO THE LIMITATION OF WARRANTIES PROVIDED UNDER THE REFUNCO TERM, YOU ACKNOWLEDGE AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY LAW, BETTER BODY CO, INCLUDING, WITHOUT LIMITATION, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, AS WELL AS ITS VENDORS, DISTRIBUTORS, AND THIRD PARTY LICENSORS, SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES OR DAMAGES FOR LOST PROFITS, INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, DEVICE FAILURE, OR MALFUNCTION, OR DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE REBATE PROMOTION , EVEN IF BETTER BODY CO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, WE WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY FAILURE TO PERFORM, OR DELAY IN THE PERFORMANCE OF ANY OF OUR OBLIGATIONS HEREIN THAT ARE CAUSED BY AN EVENT BEYOND OUR REASONABLE CONTROL.
INTELLECTUAL PROPERTY RIGHTS
The Rebate Promotions and any part thereof are the exclusive property of Pen to Paper and Better Body Co, and are protected by copyright, trademark and other intellectual property laws and treaties. All rights related to the Rebate Promotions are owned solely by the Pen to Paper or its licensors and the Rebate Terms do not convey any title or ownership rights to you. Except as provided herein, Pen to Paper and Better Body Co retains all right, title and interest in and to the Rebate Promotions and related marks, logos and content, trademarks, service marks, trade names, trade dress, domain names, patents, inventions, trade secrets, copyrights, database rights, including without limitation any derivatives, improvements and modifications thereto, and all other intellectual or industrial proprietary rights (including know-how), therein.
If Pen to Paper receives any feedback (e.g., questions, comments, suggestions etc.) regarding the Service (“Feedback”), all rights, including intellectual property rights in such Feedback shall belong exclusively to Pen to Paper and to the extent required by applicable law, you hereby irrevocably transfer and assign all intellectual property rights you may have in such Feedback to Pen to Paper and waive any and all moral rights that you may have in respect thereto.
You hereby expressly agree to indemnify, defend, and hold us (including our affiliates, subsidiaries, successors, contractors, employees, directors, agents, suppliers, licensors, service providers and partners) harmless from any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney fees) arising from: (i) your use of any of our Rebate Promotions; (ii) your violation and/or breach of any term of these Rebate Terms; and (iii) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party which relates to your use of the Rebate Promotions (including your violation of any third party rights).
Dispute Resolution, Governing Law and Jurisdiction. In the event of any dispute that you may have with us, you hereby agree to first message us hereand attempt to resolve the dispute with us informally. If we were unable to re-solve the dispute with you informally, we each hereby agree that any dispute, controversy or actions arising out of or relating to the Agreement shall be heard and determined exclusively in any state or federal court located in New York, New York (or in any appellate courts thereof). The Agreement are governed by and constructed in accordance with the laws of the State of New York without giving rise to any conflict of law principles therein.
Assignment. The Agreement may not be assigned or transferred by you without the Company's prior written consent.
Force Majeure. Pen to Paper shall be liable for any delay or failure to perform if and to the extent that such delay or failure to perform is caused or otherwise brought about by circumstances beyond Pen to Paper's reasonable control, including strikes, lockouts, labor troubles, restrictive government or judicial orders or decrees, riots, insurrection, war, terrorism, Acts of God (including a pandemic), and/or inclement weather, which Pen to Paper is unable to prevent by the exercise of reasonable due diligence.
Entire Agreement. The Rebate Terms, including all exhibits hereto and any links included herein, contains the entire agreement of the parties, and supersedes any prior oral or written agreements or understanding between the parties.
Severability. Should any one or more of the provisions of the Rebate Terms be determined to be invalid, unlawful, or unenforceable in any respect, the validity, legality, and enforceability of the remaining provisions of the Rebate Terms shall not in any way be affected or impaired by such determination and will remain in full force and effect, and the provision affected will be construed so as to be enforceable to the maximum extent permissible by law.
Waiver. Any delay or omission by either party to exercise any right under the Rebate Terms shall not be construed to be a waiver of such right. A waiver by either party of any of the performance provisions of the Rebate Terms shall not be construed to be a waiver of any succeeding performance or breach.