Terms of Use

Welcome to Betterfly.com™, a website that serves as an online community and platform for people who want to learn, look, and feel better and the people who can help them. Betterfly.com is operated by Betterfly, Inc., a Delaware Corporation (hereafter referred to as "Betterfly", "we", "us", or "our").

Acknowledgement and Acceptance of Terms of Use

The terms and conditions set forth below ("Terms of Use") constitute a legally-binding agreement between Betterfly and you. These Terms of Use contain provisions that define your limits, legal rights and obligations with respect to your use of and participation in (i) the Betterfly website, including, but not limited to any software, tools, applications, features or functionality available on or through the domain and sub-domains of Betterfly located at Betterfly.com (collectively referred to herein as the "Site"), and (ii) the online transactions between registered users who have posted a Listing (defined below) offering services (such users referred to herein as "Betterists") and registered users who are seeking the services described in such Listings (such users referred to herein as "Service Clients") through the Site (collectively, the "Services"). These Terms of Use incorporate the Privacy Policy, Payment Terms and Review Guidelines linked to this document and apply to all users of the Service who access and use the Site, including registered and unregistered users (collectively, the "Users"). We strongly recommend that, as you read these Terms of Use, you review all linked information.

You acknowledge that the Site serves as a venue for the online distribution and publication of User-submitted information between Users, and, by using, visiting, registering for, and/or otherwise participating in the Site and Service, you hereby certify that: (i) you are either a Betterist or Service Client, (ii) you have the authority to enter into these Terms of Use, (iii) you authorize the payment for Services requested through the use of the Site and Service, (iv) you understand and agree that Betterfly is not a party to any agreements entered into between Betterists and Service Clients, and, (v) as stated above, you agree to be bound by all terms and conditions of these Terms of Use and any other documents incorporated by reference herein. If you do not agree to any of the foregoing, you are prohibited from accessing or using the Site and Service.

All references to "you" or "your", as applicable, mean the person that accesses, uses, and/or participates in the Site and Service in any manner. If you use the Site and Service or complete the registration rocess to create an account with a password (an "Account") on behalf of a business, you represent and warrant that you have the authority to bind that business and your acceptance of the Terms of Use will be deemed an acceptance by that business and "you" and "your" herein shall refer to that business.

Betterfly and the Service

Description of Service for Betterists and Service Clients. Betterfly operates its Site and Service for Users who have the option of registering for two types of profiles: (i) A "Betterist Profile" for a Betterist who posts a description of a service offering available for booking through the Site and Service (a "Listing") for an appointment between themselves and a single Service Client (a "Private Lesson") or an appointment between themselves and more than a single Service Client (a "Group Class") or (ii) a "Service Client Profile" for a Service Client who seeks Services via a Listing from a Betterist.

Users have the option of registering for a (i) Betterist Profile, (ii) Service Client Profile or (iii) Betterist Profile and Service Client Profile sharing a single Account.
Betterfly provides Users with access to a collection of on-and offline resources, including, but not limited to, web page hosting services, on- and off-line advertising services, promotional pricing services, and the ability to contact other Users to seek/offer services. Unless explicitly stated otherwise, any new features that enhance the current Site or Service shall be subject to these Terms of Use.
There is no cost for using the basic services of the Site. From time to time, there may be premium content available via subscription or surcharge, and those areas will be clearly marked.
Betterfly facilitates meetings between Users, but Betterfly will not be liable for any pre- and/or un-announced cancellations, postponements, and the like by any User of the Site or Service, and all refunds, make-goods, alternatives, or rain checks are as agreed upon by and between the Users and not by Betterfly.

Membership Eligibility. You must be 18 years of age or over, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, to register as a user of Betterfly or to use the Site and Service. If you are under the age of 18 or the applicable legal age in your jurisdiction, you can use the Service only in conjunction with, and under the supervision of, your parent or guardian who has agreed to the Terms of Use. If you choose to register for an Account as a Betterist, you must be 18 years of age or over, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, with no exceptions. If you do not so qualify, do not use the Site or Service. Membership to the Service is void where prohibited by applicable law, and the right to access the Site is revoked in such jurisdictions. You must be 13 years of age or older to use the Service, in compliance with the Children's Online Privacy Protection Act (COPPA), with no exceptions. By using the Service, you represent and warrant that you have the right, authority, and capacity to enter into these Terms of Use and to abide by all of the terms and conditions set forth herein. The Site is administered in the United States and is intended for United States users; any access and usage of the Site from outside of the United States is at the User's own risk and Users are responsible for compliance with any local laws applicable to their use of the Site. You may not access or use the Service if you are a competitor of ours or if we have previously banned you from the Service and closed your Account.
Term of Agreement. This Agreement will remain in full force and effect while you use the Site or the Service.

Betterfly Registration Obligations

You Agree. In consideration of the use of the Site and the Service, you agree to:

provide true, accurate, current, and complete information about yourself as prompted by the registration form and registration data.
maintain and promptly update the registration data to keep it true, accurate, current, and complete.
to create and utilize no more than one Account
register as a person, not as a business or company.

Failure to Provide True, Accurate, Current, and Complete Information. If you provide any information that is untrue, inaccurate, not current, or incomplete, or Betterfly has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Betterfly has the right to suspend or terminate your Account and refuse any and all current or future use of the Site and Service (or any portion thereof). You agree that if you provide false information to obtain access to the Site or the Service, Betterfly will be entitled to collect liquidated damages of $500 per violation or actual damages incurred by Betterfly from you.

Modification to Terms of Use

Procedure. At any time Betterfly may change the Terms of Use, including the Privacy Policy, due to reasons such as changes in the service, technology, industry, practices, the law or consumer demand. Betterfly will provide notice to you of any material change in the Terms of Use by posting notice to the Site. Your continued use of the Site and Service 30 days after notice of change to the Terms of Use has been posted means that you have agreed to the amended Terms of Use.
Your Obligation. It is your obligation to update your email contact information and read updates sent from Betterfly at all times. In addition, Betterfly encourages you to regularly check the Terms of Use.

Modification to the Site and the Service

Modification. Betterfly reserves the right to change the URL, modify or discontinue, and restrict or block access to, the Site and the Service without notice to you. Betterfly may modify or remove any content from the Site or the Service at any time without notice to you, including removal of content that it believes to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable.
No Liability. Betterfly shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Site or the Service provided.

Posting Content on the Site

Content Protected by Intellectual Property Rights; No Warranty. Any content available through the Site and the Service, including tools, applications, software, text, audio, video, pictures, graphics, music, sound clips, images, likenesses, personal information, reviews, resources and other works of authorship (the "Content") and the trademarks, service marks and logos contained therein ("Marks") is protected by the intellectual property rights of Betterfly or its licensors. BETTERFLY, ITS LICENSORS, AND ITS SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT.
Warranties Regarding Your Content. By displaying or publishing ("posting") any Content on the Site or Service, you warrant and represent the following:

you own all rights in your Content or, alternatively, you have sufficient rights in your Content to grant Betterfly the rights described in the Terms of Use;
you shall be solely responsible for your Content and will pay all license fees, clearance fees, and other financial obligations of any kind, arising from any use of your Content;
you are the individual pictured, depicted, and/or heard in your Content or you have obtained written consent, release, and/or permission from each person (including consent from parents or guardians for anyone under the age of 18) who appears and/or is heard in your Content to grant the rights to Betterfly described in the Terms of Use;
your Account was not created under false or fraudulent pretenses; and
your Content is not defamatory, does not infringe the intellectual property rights, privacy, rights to publicity or any other legal or moral rights of any third party.

Establishing an Account to Post Content. To post Content on the the Site, you must first create an Account. You may not share your password with anyone unless you are a minor, in which case you may share your password with your parents or other legal guardians. You must always provide accurate current and complete information to Betterfly for use of the Service. You must update such information in a timely manner to maintain its accuracy and completeness. Any use of the Service through your Account will be deemed as being used by you. Betterfly is entitled to rely on the contact and other information that is supplied to use through your Account. Your Account is non-transferable and non-assignable.
Account Security. You are responsible for maintaining the confidentiality of your password that you designate during the Registration process, and you are fully responsible for all activities that occur under your username and password. You agree to (a) immediately notify Betterfly of any unauthorized use of your username and password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Betterfly will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your Account from a public or shared computer so that others are not able to view or record your password or other personal information.
Advertisements. Betterfly runs advertisements and promotions on the Site and the Service. By creating your pages on the Site and the Service, you agree that Betterfly has the right to run such advertisements and promotions. The manner, mode, and extent of advertising by Betterfly on your pages are subject to change in the sole discretion of Betterfly.
Coupons, Deals, Promotions. Your correspondence or business dealings with, or participation in promotions of, merchants or advertisers found on or through the Site and the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings are solely between you and such merchant or advertiser. YOU AGREE THAT BETTERFLY WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS ON THE SITE AND THE SERVICE.

Interaction with Other Users

Screening. You are solely responsible for your interactions with other Users. You understand that Betterfly does not in any way screen its members, nor does Betterfly inquire into the backgrounds of its Users or attempt to verify the statements of its Users except in instances where a User requests to undergo a verification process. You agree to take reasonable precautions in all interactions with other Users of the Site and the Service.
Communication Between Users. You understand that Users should only contact Betterists for interview and potential hiring purposes and that conversely, Users should only contact Service Clients for informational consultation and feedback with respect to Services being offered and/or provided via a Listing on the Site and Service.
Meetings Between Users. Users may arrange meetings with other Users. Users are solely responsible for interactions with other Users. Betterfly does not supervise or control meetings between Users, user-initiated online or offline gatherings, or the interactions among and between Users and other persons or companies. You agree to exercise caution and good judgment in all interactions with others, particularly if meeting offline or in person.
Users' Information. Betterfly does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Site or the Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Site or the Service. Under no circumstances will Betterfly or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Site or the Service or transmitted to or by any Users.

Content Submitted to the Site

Ownership of Your Content. You retain ownership of your rights in any Content you post to the Site or the Service, subject to the non-exclusive rights that you grant to Betterfly as described in these Terms of Use. You represent and warrant to Betterfly that you own or otherwise control all rights to such Content (including the ability to grant Betterfly this license, below) and that disclosure and use of such Content by Betterfly (including without limitation, publishing Content on the the Site) will not infringe or violate the rights of any third party.
License to Betterfly.

Subject to your right to terminate your license to Betterfly as described in Section [7c], you hereby grant Betterfly an irrevocable, perpetual, worldwide, royalty-free, freely transferable, freely sub-licensable (through unlimited levels of sublicense), non-exclusive license to use, reproduce, modify, transmit, distribute, publicly perform and display (including in each case by means of a digital audio and video transmission), advertise in, on, and around, and create derivative works of the Content you submit or make available for inclusion on or through the Site and the Service, and to incorporate such Content into other works in any form, media, or technology now known or later developed.
You also hereby waive any moral rights you may have under the laws of any jurisdiction in Content you submit or make available on or through the Service. We may (but are not obligated to) display your Content, including your user name and your actual name (according to the preferences you select).
Right to Terminate the License. At any time, you may modify or remove from the Site any content consisting of photos, graphics, audio or video that you have submitted or made available for inclusion on or through the Service (but not, any Content solely in the form of text, including but not limited to user reviews of other users, questions and answers in forums and other Content made specifically for Betterfly, that you have posted to the Site). Your removal of such Content from the Site or the Service will terminate our license to such Content. But if prior to such removal or modification, Betterfly has distributed, or developed specific plans to distribute, any electronic, printed or other materials containing such Content (e.g., in advertising, promotion or otherwise), notice to stop distributing the materials, in which event we will stop distributing the materials within 30 days. Your notice must be sent to Betterfly, Inc. (address below), attention to "REMOVE CONTENT," and include your phone number and email address. In addition, the notice must clearly identify the Content at issue and certain statements that you own or have an exclusive right to the Content and that all information in the notice is true and correct. The 30 day period for Betterfly to stop distributing the Content begins only once Betterfly has received a notice complying with the requirements of this Section 19.
User Contact Submissions. When you submit ideas, suggestions, documents, or proposals ("Submissions") to Betterfly, you represent, warrant, and agree that: (i) your Submissions do not include confidential or proprietary information; (ii) Betterfly may use and disclose your Submissions in any way; and (iii) Betterfly has no obligation to pay or reimburse you for your Submissions or Betterfly's use of your Submissions; (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, publish, distribute and sublicense the Submissions; (v) we may have something similar to the Submissions already under consideration or development.

Protection of Content

License by Betterfly to You. You must respect the intellectual property laws protecting Betterfly and the Service. Betterfly grants you a limited, revocable, non-transferable, non-sublicensable, non-exclusive license, under the rights of Betterfly has in the Content, to privately display and perform the Content on your computer for your own personal, noncommercial purposes.
Reservation of Rights. On behalf of its licensors, Betterfly reserves all rights in the Content, including any software, not expressly granted in this Section 7. Betterfly does not in any way grant any other rights to you. Except as expressly stated in this Section 7, you may not reproduce, distribute, modify, publicly perform or display, or prepare derivative works of any Content, including any software, without prior written consent from Betterfly or other third-party owner of the rights in that Content (if any).

Betterfly's Proprietary Rights and Copyright Infringement

Your Agreement. You agree that all Content and materials delivered via the Site and the Service or otherwise made available by Betterfly are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by Betterfly in writing, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or Content. However, you may print or download a reasonable number of copies of the materials or Content for your personal purposes; provided, however, that you retain all copyright and other proprietary notices contained therein. Systematic retrieval of data or other Content from the Site to create or compile, directly or indirectly, a collection, database or directory without written permission from Betterfly is prohibited. Any third party that contacts Betterfly Users for commercial reasons, including to sell products or services, is in violation of these terms and each individual violation is subject to $1000 in penalties per instance. Reproducing, copying, or distributing any Content, materials, or design elements on the Site and the Service any use or purpose not expressly permitted by these Terms of Use is strictly prohibited without the express prior written consent of Betterfly. Any rights not expressly granted herein are reserved.
Copyright Infringement. Betterfly respects the intellectual property rights of others and requests that Users of The Site and the Service do the same. If you believe that your work is being used on the Site and the Service in a way that constitutes copyright infringement, you may notify Betterfly in writing with the following information: (i) identification of the copyrighted work that you claim has been infringed; (ii) information sufficient for Betterfly to locate such infringement; (iii) your name, address, phone number, and email address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (v) a statement that the information in your notification is accurate and a statement, made under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner's behalf.
Termination. It is the policy of Betterfly to terminate in appropriate circumstances any Account or user for repeated infringement of intellectual property rights, including copyrights, and Betterfly also reserves the right to terminate an Account or user for even one instance of infringement.
Addressing Complaints. Betterfly may access, preserve and disclose to third parties any of your information or data (including personally identifiable information and private communications) related to a written complaint of copyright infringement if Betterfly believes in its sole discretion that such access, preservation, or disclosure is necessary or useful to respond or otherwise address such compliant.
Copyright Dispute Policy. Betterfly has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (DMCA). It is Betterfly's policy to (i) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, Content providers, members or Users; and (ii) to remove and discontinue service to repeat offenders.

Prohibited Content and Conduct

Content and Responsibilities. You understand that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from which the Content originated. This means that you, and not Betterfly, are entirely responsible for all Content that you upload, post, transmit, disseminate, distribute or facilitate distribution of any content, including text, images, through the Site and the Service. You are entirely responsible for, among other things, ensuring that you have obtained all necessary legal rights to upload, post, or otherwise transmit Content (and grant to Betterfly the license to such Content set forth in Section 7) and furthermore that such Content complies in all respects with the Terms of Use.
Betterfly's Control Over Content. Betterfly does not control the Content posted on the Site and, as such, does not guarantee the accuracy, integrity, or quality of such Content, including, but not limited to endorsements and commentary. You understand that by using the Site and the Service, you may be exposed to Content that is offensive, indecent, or objectionable.
Prohibited Content. You must not post to the Site any Content that, as reasonably determined by Betterfly is:

unlawful, untrue, misleading, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, invasive to another person or user's privacy or protected data, libelous, hateful, or racially, ethnically, or otherwise objectionable;
a link to an external site that violates the Terms of Use;
infringing upon a third party's intellectual property rights, including any patent, trademark, trade secret, copyright, or right of publicity, or content that is the subject of any claim of infringement;
of a type that you do not have a right to transmit under any law or under contractual or fiduciary relationships, such as proprietary and confidential information;
unsolicited, undisclosed or unauthorized advertising;
software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
data or information obtained through access that was not authorized by the owner, or that you are not authorized to post;
in violation of any applicable local, state, national or international law.

Prohibited Conduct. You must not do, or attempt to do, any of the following, as reasonably determined by Betterfly, subject to applicable federal, state or local law:

violate Betterfly's Review Guidelines.
access or use of the Site or Service in any way that is not in compliance with applicable local, state, national or international law, contracts, intellectual property rights or constitutes the commission of a tort, or for any purpose that is harmful or unintended (by us), or other than in full compliance w these Terms of Use;
access, tamper with, or use services or areas of the Site and the Service that you are not authorized to access;
alter information on or obtained from the Site and the Service;
tamper with postings, registration information, profiles, submissions or Content belonging to Betterfly or other Users of the Site;
harm minors in any way, or seek or recommend providers of material that exploits people under 18 years of age in a sexual or violent manner, or seek or recommend providers that solicit personal information from anyone under 18 years of age;
post information that is pornographic or sexually explicit in nature;
post false or intentionally misleading information;
provide any posted Content that falsely expresses or implies or encourages illegal activity;
violate the Reviews Guidelines referenced in and incorporated into this document;
impersonate any person or entity, including, but not limited to, a Betterfly official, Betterist, Service Client, or User, or falsely state or otherwise misrepresent your affiliation with a person or entity;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Site and the Service or develop restricted or password-only access pages, or hidden pages or images (those not link to from another accessible page);
upload, post, or otherwise transmit any Content that you do not have a legal right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
upload, post, or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party, or remove any copyright, trademark, or other proprietary rights notice contained in the Site or Service, or in any Content;
"stalk" or otherwise harass another User, individual, merchant, student, or instructor;
collect, harvest, or store personal data about Users for any reason other than to solicit and share reviews, participate in and use the Site and the Service, or to gain more information about the Site and the Service;
use any robot, spider, scraper or other automated means or interface not provided by us to access the Site and the Service or extract data or gather or use information, such as email addresses, available from the Site and the Service or transmit any unsolicited advertising, "junk mail," "spam", or "chain letters";
frame any part of the Site or the Service, or link to the Site or the Service, or otherwise make it look like you have a relationship with Betterfly or that Betterfly has endorsed you or your Content for any purpose except as expressly permitted in writing by Betterfly;
impersonate or misrepresent your affiliation with any person or entity;
reverse engineer any licensed software, application, tools or any other aspect ofthe Site and the Service or do anything that might discover source code, or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Site and the Service;
send to or otherwise impact the Site or the Service (or anything or anyone else) with helpful, illegal, deceptive or disruptive code such as a virus, "spyware," "adware" or other code that could adversely impact the Site and the Service or any recipient;
take any action which might impose a significant burden (as determined by Betterfly) on the Site and the Service's infrastructure or computer systems, or otherwise interfere with the ordinary operation of the Site and the Service.

Liquidated Damages. IF YOU SEND UNSOLICITED COMMERCIAL EMAIL OR ADVERTISING, BUILK EMAIL, SPAM, OR CHAIN LETTERS ("UNSOLICITED MAIL OR OTHER COMMUNICATION) THROUGH THE SITE OR THE SERVICE, YOU ACKNOWLEDGE THAT YOU WILL HAVE CAUSED SUBSTANTIAL HARM TO BETTERFLY, BUT THAT THE AMOUNT OF HARM WOULD BE EXTREMELY DIFFICULT TO ASCERTAIN. AS A REASONABLE ESTIMATION OF SUCH HARM, YOU WILL PAY BETTERFLY $50 FOR EACH UNSOLICITED EMAIL OR OTHER COMMUNICATION.

Prohibitions with Respect to Services

While using the Site and Service, you shall not:

post Content or items in any inappropriate category or areas on the Site;
violate any laws, third-party rights, or any provision of the Terms of Use, such as the prohibitions described above;
fail to deliver payment for Services purchased by you, unless the Betterist has materially changed the description of the Listing after you negotiate an agreement for such Service, a clear typographical error is made on or before the time of purchase or you cannot authenticate the Betterist’s identity;
fail to perform Services purchased from you, unless the Service Client fails to materially meet the terms of the mutually agreed upon agreement for the Services, refuses to pay, a clear typographical error is made, or you cannot authenticate the Service Client’s identity;
manipulate the price of any Service or interfere with other Users’ Listings;
make any changes to the price of any Listing without 30 days notice to Service Clients who booked and filled appointments for such Listing in the 30 days prior to such planned price change via the Site and Service;
circumvent or manipulate our fee structure, the billing process, or fees owed to Betterfly; or
post false, inaccurate, misleading, defamatory, or libelous content (including personal information about any User)

Rules for Betterists

Procedure for Creating New Listings. As a Betterist, you may create Listings. To this end, you will be asked a variety of questions about the Listing based on whether such Listing is a Private Lesson or Group Class, including, but not limited to, the location, capacity, duration, pricing and Service category. Listings will be made publicly available via the Site and Service. Other Users will be able to book your Listing via the Site based on the information you provided in your Listing. You understand and agree that once a Service Client requests a booking of your Listing through the Site, the price for such Listing may not be altered. You acknowledge and agree that you are solely responsible for any and all Listings you post. Accordingly, you represent and warrant that any Listing you post and the booking of a Listing you post (i) will not breach any agreements you have entered into with any other Users of the Site or third parties and (ii) will be in compliance with all applicable laws that may apply. When you create a Listing, you may also choose to include certain requirements which must be met by Service Clients who are eligible to request a booking of your Listing. Any User wishing to book a Service included in Listings with such requirements must meet these requirements. You acknowledge and agree that, as a Betterist, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who are present at the time of appointments related to any Listing.
No Endorsement. Betterfly does not endorse any Betterists or any Listings.
Betterist Profiles and Listings Must Not Be Fraudulent. Subject to any exceptions set forth in these Terms of Use or any linked document, if any, Betterists shall not:

misrepresent the location at which they will provide a Service;
misrepresent the maximum capacity of a Service in any Listing with respect to Group Classes;
include brand names or other inappropriate keywords in their Betterist Profile, Listing or any title or description relating to a Service;
use misleading titles that do not accurately describe the Service;
include any information in their Betterist Profile or Listing that is fraudulent.

Betterist Profiles and Listings Cannot Use Techniques to Avoid or Circumvent Betterfly Fees for Transactions Initiated and Booked Through the Site’s Book and Pay Feature. Subject to any exceptions set forth in these Terms of Use or any linked document, if any, Betterists shall not:

offer a catalog or a link to a third-party website that competes with Betterfly from which Service Clients or any User of the Site may obtain the Service directly;
post a single Service but offer additional services for additional fees not described in the Listing;
charge fees for traveling further than desired to provide the Service;
use their Betterist Profile to promote services not offered on or through the Site’s Book and Pay feature;
solicit Service Clients to use cash or other payment methods for Services provided at any other price other than the price set via a Listing for such Services.

Betterist Must Promote a Safe and Friendly Experience For All Users. Subject to any exceptions set forth in these Terms of Use or any linked document, if any, Betterists shall not:

contact a Service Client for any purpose other than asking or answering a question related to a booking or such Service Client’s use of the Site and Service;
refuse Services or charge fees that deviate from the fees described in the Listing based on any preference, limitation, or discrimination based on race, color, religion, sex, national origin, handicap or other protected class;
charge fees to any Service Client that are higher than the marketed rate available to Service Clients outside of the Site and Service;
promote raffles, prizes, bonuses, games of chance, giveaways, or random drawings;
acknowledge or credit a third-party service professional for services or products directly connected with your Listing;
Sanctions for Violating Any of the Rules for Betterists. If a Betterist violates any of the rules referenced above in connecting with his or her Listing, Betterfly, in its sole discretion, may take any of the following actions: (i) cancel the Listing; (ii) limit the Betterists’ Account access and privileges; (iii) suspend the Betterists’ Account; and/or (iv) cause the Betterist to forfeit any fees earned and unearned on a canceled Listing.

Rules for Service Clients

Restricted Actions for Service Clients. Service Clients shall not take any of the following actions on or through the Site and Service:

contact a Betterist for any purpose other than asking a question related to a booking, including the Content on a Betterist’s Profile or a Listing;
sign up for, negotiate a price for, use, or otherwise solicit a Service with no intention of following through with your use of or payment for the Service;
agree to purchase a Service when you do not meet the Betterists’ terms as outlined in the Listing or agree to purchase a Service with the intention of causing a disruption.

Sanctions for Violating Any of the Rules for Service Clients. If a Service Client violates any of the rules referenced above in connection with any Listing, Betterfly, in its sole discretion, may take any of the following actions: (i) cancel the Listing; (ii) limit the Service Client’s Account access and privileges; (iii) suspend the Service Clients’ Account; and/or (iv) cause the Service Client to forfeit any fees spent on a canceled Listing.

Monitoring of Service Content

No Duty to Monitor. Betterfly is under no obligation to restrict or monitor the Site and the Service or any Content in any way. IT WOULD BE IMPOSSIBLE FOR BETTERFLY TO MONITOR THE ACCURACY OR RELIABILITY OF ALL OF THE CONTENT AVAILABLE THROUGH THE SITE AND THE SERVICE. However, Betterfly reserves the right to modify or remove any Content at any time. Some of this monitoring may be done by Users of the Service who have volunteered their time. Any opinions, advice, statements, services, offers, or other information or Content expressed or made available by third parties, including other Users, are those of the respective author(s) and not of Betterfly. Betterfly neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on the Site or Service. Betterfly does not guarantee the anonymity of reviews by Users of the Service.
Right to Resolve Disputes. Betterfly has the right, but not the obligation to attempt to resolve disputes between Users relating to the Service and Betterfly's resolution of a particular dispute does not create an obligation to resolve any other dispute. Betterfly's resolution of any dispute is final with respect to the Service.

Optional Verification Services

Betterfly makes a verification service available to its service providers. Betterists may use this service to verify information such as, but not limited to address and criminal background. Use of the verification service is voluntary. By requesting to use, you do hereby consent to allow Betterfly to perform a search in the Department of Justice’s "Dru Sjodin National Sex Offender Public Website" ("SMART Search").
By enrolling in this service, you affirm that all of the information you provide to Betterfly as part of the verification services is correct, complete, and applicable to you.
Furthermore, you authorize Betterfly to obtain a report that may contain information on your criminal history, address history, character, general reputation, personal characteristics, and mode of living. You understand that Betterfly may review the information provided and that Betterfly retains the right to terminate your Betterfly membership based on that information.
If the results of your report are deemed "CLEAR", you consent to the automatic, public release of your report's results. If the results of your report are deemed "CLEAR" or if you decide to share this report publicly after receiving results that is not "CLEAR", you understand that the information in this report may factor into that party's decision to engage you as a care provider. You agree to indemnify and hold harmless Betterfly from any loss or liability that may result from producing this report.

Payment Terms

All Users who engage in transactions through the Site are subject to the Payment Terms.

Privacy Policy

The Betterfly Privacy Policy is part of and incorporated into these Terms of Use. Betterfly reserves the right to contact you about these Terms of Use or any Content or activities relating to the Service.

Termination or Cancellation

Right to Terminate or Cancel Your User Account. You are solely responsible for properly cancelling your Account. An email or phone request to cancel your Account is not considered cancellation. You can cancel your Account at any time by accessing your Profile Management Settings, if available, or emailing . Upon cancellation of a User, Betterfly has the right to keep certain information, in the event you return to Betterfly at a future date.
Betterfly's Right to Terminate. Betterfly may, at any time, without notice to you, terminate your access to the Site and the Service, and your Account, or block your access to the Site and the Service if:

Betterfly in its sole discretion believes that you may have violated these Terms of Use or have otherwise engaged in any activities that may harm or damage the reputation, rights, person, or property of Betterfly, its Users, or any other person;
requested by law enforcement or other government agencies; or
your Account has extended periods of inactivity.

Notice of Termination. If applicable law requires us to provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on the Site or by sending a communication to any address (email or otherwise) that we have for you in our records.
Effect of Termination. Upon termination of your Account or the Service, your agreement with Betterfly pursuant to these Terms of Use will also terminate, except that the following provisions survive the termination: Posting Content onthe Site, Section 5; Content Submitted to Betterfly, Section 7; Protection of Content, Section 8; Betterfly's Proprietary Rights and Copyright Infringement, Section 9; Prohibited Content and Conduct, Section 10; Privacy Policy, Section 17; Termination or Cancellation, Section 18; Indemnification, Section 15; Disclaimer and Warranties, Section 16; Limitations of Liability, Section 20; Notices and Contact Information, Section 24; Additional Terms, Section 25. If your Account or access to the Service is terminated, you may no longer have access to the Content you posted on the Site and the Service.

Links and Third Parties

Advertisements and Links. The Site contains advertisements, offers, and other links to websites of third parties that it does not control. Advertisements and other information provided by third parties may not be wholly accurate. Betterfly does not endorse or recommend any of the products or services advertised on the Site and the Service. Betterfly is not responsible or liable for (i) the availability or accuracy of such site or advertisements; or (ii) the content, products or services available from such sites. The inclusion of any link on the Site and the Service does not imply that Betterfly endorses the linked site. You use the links at your own risk. Betterfly Privacy Policy is applicable only when you are using the Site. Once you link to another website, its privacy statement applies to any personal information you supply.
Transactions with Third Parties. Your transactions and other dealings with third party merchants or advertisers that are found on or through the Site and the Service are solely between you and such merchant or advertiser. YOU FURTHER ACKNOWLEDGE AND AGREE THAT BETTERFLY SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH SITE OR RESOURCE.

Indemnification

You Indemnify. You agree to hold Betterfly and its subsidiaries, affiliates, officers, directors, employees, agents, attorneys, independent contractors, licensors, experts, content providers, advisors, vendors, and suppliers, and each of their respective successors and assigns ("Indemnified Persons"), harmless from, and indemnify them for, all damages, costs, expenses and other liabilities, including reasonable attorneys' fees and expenses, relating to any claim arising out of or related to: (i) your access to and use of the tools, software, and other aspects of the Site and the Service and the Content; (ii) your violation of these Terms of Use, and any applicable law or the rights of another person or party; (iii) any dispute you have with any user of the Site and the Service and any dispute you have related to any merchant or advertising found on or through the Site and the Service; (iv) Betterfly's resolution (if any) of any dispute you have with any user of the Service; (v) your improper authorization for Betterfly to collect, use or disclose any Content provided by you; and (vi) any disclosures made with your permission.

Disclaimer and Warranties

BETTERFLY DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC INSTRUCTION, TESTS, PRODUCTS, OPINIONS, OR OTHER INFORMATION THAT MAY BE MENTIONED ON THE SITE AND THE SERVICE. RELIANCE ON ANY INFORMATION PROVIDED BY BETTERFLY, BETTERFLY EMPLOYEES, OR OTHERS APPEARING ON THE SERVICE AT THE INVITATION OF BETTERFLY, OR OTHER VISITORS TO THE SITE AND THE SERVICE IS SOLELY AT YOUR OWN RISK.
YOU ACCEPT THE SERVICE "AS-IS". BETTERFLY AND ITS CONTENT PROVIDERS CANNOT, AND DO NOT, GUARANTEE OR WARRANT AGAINST ERRORS, OMISSIONS, DELAYS, INTERRUPTIONS OR LOSSES, INCLUDING LOSS OF DATA. USERS OF THE SITE AND THE SERVICE ARE RESPONSIBLE FOR MAINTAINING A MEANS EXTERNAL TO THE SITE FOR THE RECONSTRUCTION OF ANY LOST DATA. BETTERFLY PROVIDES THE SERVICE "AS-IS" AND "AS AVAILABLE." THAT MEANS THAT THE INFORMATION CONTAINED ON OR PROVIDED THROUGH THE SERVICE IS INTENDED FOR GENERAL CONSUMER UNDERSTANDING AND EDUCATION. ANY ACCESS TO THE SITE AND THE SERVICE IS VOLUNTARY. BETTERFLY REGARDS ALL ACCESS AS VOLUNTARY AND AT THE SOLE RISK OF THE USER. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BETTERFLY MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR SERVICE OR THE INFORMATION, TOOLS, SOFTWARE, OR CONTENT INCLUDED IN THE SERVICE. BETTERFLY MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, SECURE, OR TIMELY. IN ADDITION AND WITHOUT LIMITING THE FOREGOING, BETTERFLY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED REGARDING THE SUITABILITY OF ANY MEMBER OF OUR SITE TO PROVIDE SERVICES OR TO SECURE THE SERVICES OF A SERVICE PROFESSIONAL, INCLUDING, WITHOUT LIMITATION, PARTICIPANTS IN ANY VERIFICATION SERVICE OFFERED ON OUR SITE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BETTERFLY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESSED OR IMPLED, INCLUDING THE IMPLED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND THOSE ARISING FROM A COURSE OF DEALING, TRADE,USAGE OR PERFORMANCE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, AND THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. BETTERFLY URGES YOU TO KEEP BACKUP COPIES OF YOUR PERSONAL CONTENT, IF ANY, THAT YOU MAINTAIN OR USE THE SERVICE. IF YOUR USE OF THE SITE AND THE SERVICE RESULTS IN THE NEED FOR SERVICING OR REPLACING PROPERTY, MATERIAL, EQUIPMENT OR DATA, BETTERFLY IS NOT RESPONSIBLE FOR ANY RESULTING COSTS OR DAMAGES.
BETTERFLY DOES NOT PROVIDE ANY WARRANTIES AGAINST ERRORS, MISTAKES, OR INACCURACIES OF DATA, CONTENT, INFORMATION, MATERIALS, SUBSTANCE OF THE WEBSITE OR SUBMITTED CONTENT, ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY DATA, CONTENT, INFORMATION, MATERIALS, SUBSTANCE OF THE WEBSITE OR SUBMITTED CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NONE OF THE INDEMNIFIED PERSONS ARE LIABLE TO YOU OR ANY OTHER PERSON FOR INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, STATUTORY, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOSS OF PRIVACY, LOSS OF GOODWILL OR ANY OTHER LOSSES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE AGGREGATE LIABILITY TO YOU OF THE INDEMNIFIED PERSONS EXCEED, IN TOTAL, THE AMOUNTS PAID BY YOU TO BETTERFLY.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NONE OF THE INDEMNIFIED PERSONS ARE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ACCESS TO OR USE OF THE WEBSITE OR ANY SERVICES OFFERED BY ANY SERVICE PROFESSIONALS VIA THE WEBSITE, INCLUDING SERVICES PROVIDED PURSUANT TO AN AGREEMENT FORMED INDEPENDENTLY OF THE WEBSITE, WHETHER OR NOT AN AGREEMENT FOR SERVICE FORMED VIA THE WEBSITE IS IN EFFECT; (II) ERRORS, MISTAKES, OR INACCURACIES OF DATA, MARKS, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF THE WEBSITE OR SUBMITTED CONTENT; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY; (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE; (VI) ANY ERRORS OR OMISSIONS IN ANY DATA, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF THE WEBSITE OR SUBMITTED CONTENT; (VII) ANY FAILED NEGOTIATIONS FOR A SERVICE, ANY DISPUTES THAT ARISE DURING OR AFTER THE NEGOTIATION OF A SERVICE OR THE FORMATION OF A CONTRACT FOR A SERVICE, OR ANY OTHER DISPUTE THAT ARISES BETWEEN USERS OF THE WEBSITE; (VIII) ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY; OR (IX) ANY USE OF ANY DATA, MARKS, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF THE WEBSITE OR SUBMITTED CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BETTERFLY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
BETTERFLY DOES NOT CONDUCT BACKGROUND CHECKS OR OTHERWISE SCREEN USERS REGISTERING TO THE SERVICE, UNLESS REQUESTED BY A SERVICE PROVIDER. AS A RESULT, BETTERFLY WILL NOT BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL, AND/OR CONSEQUENTIAL, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING OUT OF COMMUNICATING AND/OR MEETING WITH OTHER MEMBERS OF THE SERVICE, OR INDIVIDUALS INTRODUCED TO YOU VIA THE SITE AND THE SERVICE. SUCH DAMAGES INCLUDE, WITHOUT LIMITATION, PHYSICAL DAMAGES, BODILY INJURY, AND/OR EMOTIONAL DISTRESS AND DISCOMFORT. USERS ASSUME ALL RISK OF SUCH DAMAGES, IF ANY, THAT OCCUR AS A RESULT OF SUCH DAMAGES MEETING WITH OTHER USERS OF THE SITE AND THE SERVICE OR INDIVIDUALS INTRODUCED TO YOU VIA THE SITE AND THE SERVICE FOR ANY REASON, INCLUDING, BUT NOT LIMITED TO WEATHER, CONDITION OF PREMISES, NEGLIGENT, GROSSLY NEGLIGENT, RECKLESS, OR INTENTIONAL ACTS OR OMISSIONS OR USERS OF THE SERVICE, INDIVIDUALS INTRODUCED TO YOU VIA THE SITE AND THE SERVICE OR OTHER THIRD PARTIES.

Customer Support

No Obligation. Betterfly has no obligation to provide customer support. However, Betterfly may provide you with customer support from time to time, at its sole discretion.

Notices and Contact Information

Posting. Except as otherwise provided in these Terms of Use, Betterfly will give you any notices by posting them on the Site. Since notice of any material change to the Terms of Use will be posted to the Site for at least 30 days, please visit the Site at least that often.
Notice. You authorize Betterfly to send notices (including notices of subpoenas or other legal process, if any) via electronic email to your email account on record. You must keep your email address current and any notice sent by Betterfly to the address you have most recently provided is effective notice.
Receipt of Notice. You must check the Site for notices, and you will be considered to have received a notice when it is made available to you by posting on the Site or when sent via email, whether or not received by you.

Additional Terms

Entire Agreement. These Terms of Use (including terms incorporated into them, e.g., the Privacy Policy) and any policies and guidelines posted to the Site and the Service comprise the entire agreement between you and Betterfly with respect to the use of the Site and the Service and supersede all contemporaneous and prior agreements between the parties regarding the subject matter contained herein, and neither party has relied on any representations made by the other that are not expressly set forth.
Agreement to Conduct Transactions Electronically. All of your transactions with or through the Site and the Service may, at Betterfly's option, be conducted electronically from start to finish. If Betterfly decides to proceed non-electronically, those services will still be governed by the remainder of these Terms of Use unless you enter into different terms provided by Betterfly. If the law allows you to withdraw this consent or if Betterfly is ever required to deal with you non-electronically, Betterfly reserves the right to charge or increase fees and you agree to print or make an electronic copy of the Terms of Use and any other contract or disclosure that Betterfly is required to provide to you.
Betterfly is Not a Party to Any Service Contract. Each User hereby acknowledges and agrees that Betterfly is NOT a party to any oral or written agreement for Service, or any contract entered into between Registered Users in connection with any Service offered, directly or indirectly, through the Site.
No Agency; No Third Party Beneficiary. These Terms of Use do not create any agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship. Except for the Indemnified Persons, there are no third party beneficiaries of these Terms of Use.
Severance. If any part of the Terms of Use is held by a court of competent jurisdiction or arbitration to be invalid or unenforceable, the invalid or unenforceable part will be given effect to the greatest extent possible and the remainder will remain in full effect, provided that the allocation of risks described in these Terms of Use is given effect to the fullest extent possible.
Limitations on Actions. Any action concerning any dispute with respect to the Site and the Service must be commenced within one (1) year after the cause of the dispute arises, or the cause of action is barred.
Mandatory Arbitration. Any claim, controversy or dispute of any kind between the User and Betterfly and/or any of its employees, agents, affiliates, or other representatives, whether sounding in contract, statute or tort, including fraud, misrepresentation, fraudulent inducement, or any other legal or equitable theory and regardless of the date of accrual of such claim, controversy, or dispute shall be resolved by final and binding arbitration as prescribed in this section. The Federal Arbitration Act, not state law, governs the question of whether a claim is subject to arbitration. A single arbitrator engaged in the practice of law will conduct the arbitration. The arbitrator may be selected by agreement of the parties, who shall cooperate in good faith to select the arbitrator. THE ARBITRATOR'S DECISION AND AWARD WILL BE FINAL AND BINDING, AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT WITH JURISDICTION. TO ENFORCE THE ARBITRATION AWARE, THE PREVAILING PARTY IN THE ARBITRATION SHALL BE ENTITLED TO INJUNCTIVE RELIEV IN ANY COURT OF COMPETENT JURISDICTION. If any party files a judicial or administrative action asserting a claim that is subject to arbitration and another party successfully stays such action or compels arbitration, the party filing that action must pay the other party's costs and expenses incurred in seeking such stay or compelling arbitration, including attorneys' fees. THIS AGREEMENT IS GOVERNED BY AND MUST BE CONSTRUED UNDER THE LAWS OF THE STATE OF NEW YORK, WITHOUT REGARD TO CHOICE OF LAW PRINCIPLES AND YOU AGREE TO SUBMIT YOURSELF TO THE PRESONAL JURISDICTION OF THE COURTS IN THE STATE OF NEW YORK.
Interpretation. The paragraph headings in these Terms of Use are included to help make these Terms of Use easier to read and have no binding effect. As used in these Terms of Use, the words "include" and "including" are meant to be illustrative and not exhaustive.
Breach of Terms of Use. By using the Site and the Service, you agree that damages shall be an inadequate remedy in the event you breach these Terms of Use and any such breach will cause Betterfly great and irreparable injury and damage. Accordingly, you agree that Betterfly shall be entitled, without waiving any additional rights or remedies otherwise available to Betterfly at law or in equity or by statute, to injunctive relief in the event of a breach or intended or threatened breach by you.
Violations. Please report any violations of these Terms of Use to Betterfly.
No Waiver. The failure of any party to exercise or enforce any right or provision of these Terms of Use, including any failure to act with respect to a breach, will not constitute a waiver of such right or provision or that party's right to act with respect to subsequent or similar breaches. Please keep a copy of these Terms of Use for your records.

The following are supporting documents that are incorporated into these Terms of Use:

Review Guidelines: Review Guidelines apply to all Users who utilize the 'Reviews' feature of Betterfly.

Payment Terms: Payment Terms are applicable to all Users who engage in transactions through the Site.

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