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.
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.
For orders to the United Kingdom, you agree to be subjected to these additional terms and conditions from the Passport service.
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 email@example.com.
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.