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    Terms of Use

    Date of Last Revision: February 17, 2010

    Welcome to Betterfly.com™, a free website that matches you with Betterists™ -- the teachers, instructors and coaches on our site who can help you be better at anything. Betterfly.com is the service (“Service”) that matches those who want to be better at something with the people and resources that can help, operated by BeBetter LLC (“Betterfly.com”, “we”, “us”). These Terms of Use constitute legally binding terms and apply to each user of the Service, including registered and unregistered Users (“you”).

    Acknowledgement and Acceptance of Terms of Use

    THESE TERMS OF USE, AS AMENDED FROM TIME TO TIME, ARE A BINDING CONTRACT BETWEEN BETTERFLY.COM AND YOU. YOU MUST READ AND AGREE TO THESE TERMS, INCLUDING THE PRIVACY POLICY, BEFORE USING THE BETTERFLY.COM WEBSITE (the “Site”) OR ANY SOFTWARE, TOOLS, APPLICATIONS, FEATURES OR FUNCTIONALITY AVAILABLE ON OR THROUGH THE SITE. BY USING THE SITE AND SERVICE, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICE.

    Betterfly.com reserves the right to modify these Terms of Use at any time by posting a notice to Betterfly.com, or by sending you a notice via email or postal mail. Your use of the Site and Service constitutes your assent to such modifications. You shall be responsible for reviewing and becoming familiar with any such modifications. Such modifications are effective immediately upon first posting or modification.

    1. Betterfly.com and the Service
      1. Description of Service. Betterfly.com is a free service that matches Users with the teachers, instructors, and coaches who can help Users be better, at anything. Users may create profiles; read and write reviews; explore videos and blogs; book appointments; or showcase their skills and meet clients.
        1. A “Betterist” is a person on Betterfly.com who can help you be better at something; a “Member” is a person on Betterfly.com who wants to become better at some (collectively “Users”).
        2. Betterfly.com provides Users with access to a collection of on-and offline resources, including without limitation “Betterist”/Member web page hosting services, on- and off-line advertising services, promotional pricing services, and the ability to contact Betterists/Members 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.
        3. Subject to the restrictions on use and on posting set forth in this Agreement, you may: use Betterfly.com to solicit reviews and business contact information; forward reviews to people you know; invite people you know to join Betterfly.com; and view the portions of the information, data, text, sound, photographs, graphics, video, messages, and other materials available on the Site or Service.
        4. Betterfly.com facilitates meetings between Users, but Betterfly.com will not be liable for any 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 the users and not Betterfly.com.
      2. 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.com or to use the Betterfly.com 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 do not so qualify, do not use the Betterfly.com Site or Service. Membership to the Service is void where prohibited by applicable law, and the right to access Betterfly.com 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). 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. Betterfly.com is administered in the United States and is intended for United States users; any use 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 Betterfly.com.
      3. Term of Agreement. This Agreement will remain in full force and effect while you use Betterfly.com or the Service.
    2. Betterfly.com Registration Obligations
      1. You Agree. In consideration of the use of Betterfly.com and the Service, you agree to:
        1. provide true, accurate, current, and complete information about yourself as prompted by the registration form and registration data
        2. maintain and promptly update the registration data to keep it true, accurate, current, and complete
        3. Do not create more than one profile
        4. Register as a person, not as a business or company.
      2. Failure to Provide True, Accurate, Current, and Complete Information. If you provide any information that is untrue, inaccurate, not current, or incomplete, or Betterfly.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Betterfly.com 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 Betterfly.com or the Service, Betterfly.com will be entitled to collect liquidated damages of $500 per violation or actual damages incurred by Betterfly.com from you.
    3. Modification to Terms of Use
      1. Procedure. At any time Betterfly.com may change the Terms of Use, including the Privacy Policy, due to reasons such as changes in the service, technology, industry, practices, the law, consumer demand. Betterfly.com will provide notice to you of any material change in the Terms of Use by posting notice to Betterfly.com. Your continued use of the 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.
      2. Your Obligation. It is your obligation to update your email contact information and read updates sent from Betterfly.com at all times. In addition, Betterfly.com encourages you to regularly check the Terms of Use.
    4. Modification to Betterfly.com and the Service
      1. Modification. Betterfly.com reserves the right to change the URL, modify or discontinue, and restrict or block access to, Betterfly.com and the Service without notice to you. Betterfly.com may modify or remove any content from Betterfly.com 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.
      2. No Liability. Betterfly.com shall not be liable to you or any third party for any modification, suspension, or discontinuance of Betterfly.com or the Service provided.
    5. Posting Content on Betterfly.com
      1. Content Protected by Intellectual Property Rights; No Warranty. Any content available through Betterfly.com 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”) is protected by the intellectual property rights of Betterfly.com or its licensors. BETTERFLY.COM, ITS LICENSORS, AND ITS SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT.
      2. Warranties Regarding Your Content. By displaying or publishing (“posting”) any Content on the Site or Service, you warrant and represent the following:
        1. you own all rights in your Content or, alternatively, you have sufficient rights in your Content to grant Betterfly.com the rights described in the Terms of Use;
        2. you will pay all license fees, clearance fees, and other financial obligations of any kind, arising from any use of your Content;
        3. you are the individual pictured, depicted, and/or heard in your Content or you have obtained 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.com described in the Terms of Use;
        4. your user account was not created under false or fraudulent pretenses; and
        5. 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.
      3. Establishing an Account to Post Content. To post Content on the Betterfly.com, you must first complete the registration process to create an account with a password (“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.com 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.com 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.
      4. 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.com 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.com 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.
      5. Advertisements. Betterfly.com runs advertisements and promotions on Betterfly.com and the Service. By creating your pages on Betterfly.com and the Service, you agree that Betterfly.com has the right to run such advertisements and promotions. The manner, mode, and extent of advertising by Betterfly.com on your pages are subject to change in the sole discretion or Betterfly.com.
      6. Coupons, Deals, Promotions. Your correspondence or business dealings with, or participation in promotions of, merchants or advertisers found on or through Betterfly.com 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.COM 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 BETTEFLY.COM.
    6. Interaction with Other Users
      1. Screening. You are solely responsible for your interactions with other Users. You understand that Betterfly.com does not in any way screen its members, nor does Betterfly.com inquire into the backgrounds of its Users or attempt to verify the statements of its Users. You agree to take reasonable precautions in all interactions with other Users of Betterfly.com and the Service.
      2. Meetings Between Users. Users may arrange meetings with other Users. Users are solely responsible for interactions with other Users. Betterfly.com 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.
      3. Users’ Information. Betterfly.com does not: (i) guarantee the accuracy, completeness, or usefulness of any information on Betterfly.com 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 Betterfly.com or the Service. Under no circumstances will Betterfly.com or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on Betterfly.com or the Service or transmitted to or by any Users.
    7. Content Submitted to Betterfly.com
      1. Ownership of Your Content. You retain ownership of your rights in any Content you post to Betterfly.com, subject to the non-exclusive rights that you grant to Betterfly.com as described in these Terms of Use. You represent and warrant to Betterfly.com that you own or otherwise control all rights to such Content (including the ability to grant Betterfly.com this license, below) and that disclosure and use of such Content by Betterfly.com (including without limitation, publishing Content on the Betterfly.com) will not infringe or violate the rights of any third party.
      2. License to Betterfly.com.
        1. Subject to your right to terminate your license to Betterfly.com as described in Section 7c, you hereby grant Bettefly.com 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 Betterfly.com and the Service, and to incorporate such Content into other works in any form, media, or technology now known or later developed.
        2. 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).
      3. Right to Terminate the License. At any time, you may modify or remove from Betterfly.com 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.com, that you have posted to Betterfly.com). Your removal of such Content from Betterfly.com or the Service will terminate our license to such Content. But if prior to such removal or modification, Betterfly.com 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 BeBetter LLC (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.com to stop distributing the Content begins only once Betterfly.com has received a notice complying with the requirements of this Section 19.
      4. User Contact Submissions. When you submit ideas, suggestions, documents, or proposals (“Submissions”) to Betterfly.com, you represent, warrant, and agree that: (i) your Submissions do not include confidential or proprietary information; (ii) Betterfly.com may use and disclose your Submissions in any way; and (iii) Betterfly.com has no obligation to pay or reimburse you for your Submissions or Betterfly.com’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.
    8. Protection of Content
      1. License by Betterfly.com to You. You must respect the intellectual property laws protecting Betterfly.com and the Service. Betterfly.com grants you a limited, revocable, non-transferable, non-sublicensable, non-exclusive license, under the rights of Betterfly.com has in the Content, to privately display and perform the Content on your computer for your own personal, noncommercial purposes.
      2. Reservation of Rights. On behalf of its licensors, Betterfly.com reserves all rights in the Content, including any software, not expressly granted in this Section 7. Betterfly.com 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.com or other third-party owner of the rights in that Content (if any).
    9. Betterfly.com’s Proprietary Rights and Copyright Infringement
      1. Your Agreement. You agree that all Content and materials delivered via Betterfly.com and the Service or otherwise made available by Betterfly.com are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by Betterfly.com 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 on the Betterfly.com 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 Betterfly.com to create or compile, directly or indirectly, a collection, database or directory without written permission from Betterfly.com is prohibited. Any third party that contacts Betterfly.com 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 Betterfly.com 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.com. Any rights not expressly granted herein are reserved.
      2. Copyright Infringement. Betterfly.com respects the intellectual property rights of others and requests that Users of Betterfly.com and the Service do the same. If you believe that your work is being used on Betterfly.com and the Service in a way that constitutes copyright infringement, you may notify Betterfly.com in writing with the following information: (i) identification of the copyrighted work that you claim has been infringed; (ii) information sufficient for Betterfly.com 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.
      3. Termination. It is the policy of Betterfly.com to terminate in appropriate circumstances any Account or user for repeated infringement of intellectual property rights, including copyrights, and Betterfly.com also reserves the right to terminate an Account or user for even one instance of infringement.
      4. Addressing Complaints. Betterfly.com 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.com believes in its sole discretion that such access, preservation, or disclosure is necessary or useful to respond or otherwise address such compliant.
      5. Copyright Dispute Policy. Betterfly.com has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (DMCA). It is Betterfly.com’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.
    10. Prohibited Content and Conduct
      1. 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.com, are entirely responsible for all Content that you upload, post, or otherwise transmit through Betterfly.com 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.com the license to such Content set forth in Section 7) and furthermore that such Content complies in all respects with the Terms of Use.
      2. Betterfly.com’s Control Over Content. Betterfly.com does not control the Content posted on Betterfly.com 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 Betterfly.com and the Service, you may be exposed to Content that is offensive, indecent, or objectionable.
      3. Prohibited Content. You must not post to Betterfly.com any Content that, as reasonably determined by Betterfly.com is:
        1. 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;
        2. 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;
        3. 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;
        4. unsolicited, undisclosed or unauthorized advertising;
        5. 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;
        6. data or information obtained through access that was not authorized by the owner, or that you are not authorized to post;
        7. in violation of any applicable local, state, national or international law.
      4. Prohibited Conduct. You must not do, or attempt to do, any of the following, as reasonably determined by Betterfly.com, subject to applicable law:
        1. 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;
        2. access, tamper with, or use services or areas of Betterfly.com and the Service that you are not authorized to access;
        3. alter information on or obtained from Betterfly.com and the Service;
        4. tamper with postings, registration information, profiles, submissions or Content belonging to Betterfly.com or other Users ofBetterfly.com;
        5. 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;
        6. post information that is pornographic or sexually explicit in nature;
        7. post false or intentionally misleading information;
        8. provide any posted Content that falsely expresses or implies or encourages illegal activity;
        9. impersonate any person or entity, including, but not limited to, a Betterfly.com official, Betterist, Member, or host, User, or falsely state or otherwise misrepresent your affiliation with a person or entity;
        10. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through Betterfly.com and the Service or develop restricted or password-only access pages, or hidden pages or images (those not link to from another accessible page);
        11. 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);
        12. 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 Betterfly.com Site or Service, or in any Content;
        13. “stalk” or otherwise harass another user, individual, merchant, student, or instructor;
        14. collect, harvest, or store personal data about Users for any reason other than to solicit and share reviews, participate and use Betterfly.com and the Service, or to gain more information about Betterfly.com and the Service;
        15. use any robot, spider, scraper or other automated means or interface not provided by us to access Betterfly.com and the Service or extract data or gather or use information, such as email addresses, available from Betterfly.com and the Service or transmit any unsolicited advertising, “junk mail,” “spam”, or “chain letters”;
        16. frame any part of Betterfly.com or the Service, or link to Betterfly.com or the Service, or otherwise make it look like you have a relationship with Betterfly.com or that Betterfly.com has endorsed you or your Content for any purpose except as expressly permitted in writing by Betterfly.com;
        17. impersonate or misrepresent your affiliation with any person or entity;
        18. reverse engineer any licensed software, application, tools or any other aspect of Betterfly.com 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 Betterfly.com and the Service;
        19. send to or otherwise impact Betterfly.com 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 Betterfly.com and the Service or any recipient;
        20. take any action which might impose a significant burden (as determined by Betterfly.com) on Betterfly.com and the Service’s infrastructure or computer systems, or otherwise interfere with the ordinary operation of Betterfly.com and the Service.
      5. Liquidated Damages. IF YOU SEND UNSOLICITED COMMERCIAL EMAIL OR ADVERTISING, BUILK EMAIL, SPAM, OR CHAIN LETTERS (“UNSOLICITED MAIL OR OTHER COMMUNICATION) THROUGH BETTERFLY.COM OR THE SERVICE, YOU ACKNOWLEDGE THAT YOU WILL HAVE CAUSED SUBSTANTIAL HARM TO BETTERFLY.COM, BUT THAT THE AMOUNT OF HARM WOULD BE EXTREMELY DIFFICULT TO ASCERTAIN. AS A REASONABLE ESTIMATION OF SUCH HARM, YOU WILL PAY BETTERFLY.COM $50 FOR EACH UNSOLICITED EMAIL OR OTHER COMMUNICATION.
    11. Monitoring of Service Content
      1. No Duty to Monitor. Betterfly.com is under no obligation to restrict or monitor Betterfly.com and the Service or any Content in any way. IT WOULD BE IMPOSSIBLE FOR BETTERFLY.COM TO MONITOR THE ACCURACY OR RELIABILITY OF ALL OF THE CONTENT AVAILABLE THROUGH BETTERFLY.COM AND THE SERVICE. However, Betterfly.com 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.com. Betterfly.com neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on the Site or Service. Betterfly.com does not guarantee the anonymity of reviews by Users of the Service.
      2. Right to Resolve Disputes. Betterfly.com has the right, but not the obligation to attempt to resolve disputes between Users relating to the Service and Betterfly.com’s resolution of a particular dispute does not create an obligation to resolve any other dispute. Betterfly.com’s resolution of any dispute is final with respect to the Service.
    12. Privacy Policy
      1. The Betterfly.com Privacy Policy is part of and incorporated into these Terms of Use. Betterfly.com reserves the right to contact you about these Terms of Use or any Content or activities relating to the Service.
    13. Termination or Cancellation
      1. 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.com at a future date.
      2. Betterfly.com’s Right to Terminate. Betterfly.com may, at any time, without notice to you, terminate your access to Betterfly.com and the Service, and your Account, or block your access to Betterfly.com and the Service if:
        1. Betterfly.com 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.com, its Users, or any other person;
        2. requested by law enforcement or other government agencies; or
        3. your Account has extended periods of inactivity.
      3. 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 Betterfly.com or by sending a communication to any address (email or otherwise) that we have for you in our records.
      4. Effect of Termination. Upon termination of your Account or the Service, your agreement with Betterfly.com pursuant to these Terms of Use will also terminate, except that the following provisions survive the termination: Posting Content on Betterfly.com, Section 5; Content Submitted to Betterfly.com, Section 7; Protection of Content, Section 8; Betterfly.com’s Proprietary Rights and Copyright Infringement, Section 9; Prohibited Content and Conduct, Section 10; Privacy Policy, Section 12; Termination or Cancellation, Section 16; Indemnification, Section 15; Disclaimer and Warranties, Section 16; Limitations of Liability, Section 17; Notices and Contact Information, Section 19; Additional Terms, Section 20. If your Account or access to the Service is terminated, you may no longer have access to the Content you posted on Betterfly.com and the Service.
    14. Links and Third Parties
      1. Advertisements and Links. Betterfly.com 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.com does not endorse or recommend any of the products or services advertised on Betterfly.com and the Service. Betterfly.com 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 Betterfly.com and the Service does not imply that Betterfly.com endorses the linked site. You use the links at your own risk. Betterfly.com Privacy Policy is applicable only when you are using Betterfly.com. Once you link to another website, its privacy statement applies to any personal information you supply.
      2. Transactions with Third Parties. Your transactions and other dealings with third party merchants or advertisers that are found on or through Betterfly.com and the Service are solely between you and such merchant or advertiser. YOU FURTHER ACKNOWLEDGE AND AGREE THAT BETTERFLY.COM 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.
    15. Indemnification
      1. You Indemnify. You agree to hold Betterfly.com 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 Betterfly.com 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 Betterfly.com and the Service and any dispute you have related to any merchant or advertising found on or through Betterfly.com; (iv) Betterfly.com’s resolution (if any) of any dispute you have with any user of the Service; (v) your improper authorization for Betterfly.com to collect, use or disclose any Content provided by you; and (vi) any disclosures made with your permission.
    16. Disclaimer and Warranties
      1. BETTERFLY.COM DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC INSTRUCTION, TESTS, PRODUCTS, OPINIONS, OR OTHER INFORMATION THAT MAY BE MENTIONED ON BETTERFLY.COM AND THE SERVICE. RELIANCE ON ANY INFORMATION PROVIDED BY BETTERFLY.COM, BETTERFLY.COM EMPLOYEES, OR OTHERS APPEARING ON THE SERVICE AT THE INVITATION OF BETTERFLY.COM, OR OTHER VISITORS TO BETTERFLY.COM AND THE SERVICE IS SOLELY AT YOUR OWN RISK.
      2. YOU ACCEPT THE SERVICE “AS-IS”. BETTERFLY.COM AND ITS CONTENT PROVIDERS CANNOT, AND DO NOT, GUARANTEE OR WARRANT AGAINST ERRORS, OMISSIONS, DELAYS, INTERRUPTIONS OR LOSSES, INCLUDING LOSS OF DATA. USERS OF BETTERFLY.COM AND THE SERVICE ARE RESPONSIBLE FOR MAINTAINING A MEANS EXTERNAL TO BETTERFLY.COM FOR THE RECONSTRUCTION OF ANY LOST DATA. BETTERFLY.COM 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 BETTERFLY.COM AND THE SERVICE IS VOLUNTARY. BETTERFLY.COM REGARDS ALL ACCESS AS VOLUNTARY AND AT THE SOLE RISK OF THE USER. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BETTERFLY.COM 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.COM MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, SECURE, OR TIMELY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BETTERFLY.COM 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.COM URGES YOU TO KEEP BACKUP COPIES OF YOUR PERSONAL CONTENT, IF ANY, THAT YOU MAINTAIN OR USE THE SERVICE. IF YOUR USE OF BETTERFLY.COM AND THE SERVICE RESULTS IN THE NEED FOR SERVICING OR REPLACING PROPERTY, MATERIAL, EQUIPMENT OR DATA, BETTERFLY.COM IS NOT RESPONSIBLE FOR ANY RESULTING COSTS OR DAMAGES.
    17. Limitation of Liability
      1. 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.COM.
      2. BETTERFLY.COM DOES NOT CONDUCT BACKGROUND CHECKS OR OTHERWISE SCREEN USERS REGISTERING TO THE SERVICE IN ANY WAY. AS A RESULT, BETTERFLY.COM 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 BETTERFLY.COM 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 BETTERFLY.COM AND THE SERVICE OR INDIVIDUALS INTRODUCED TO YOU VIA BETTERFLY.COM 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 BETTERFLY.COM AND THE SERVICE OR OTHER THIRD PARTIES.
    18. Customer Support
      1. No Obligation. Betterfly.com has no obligation to provide customer support. However, Betterfly.com may provide you with customer support from time to time, at its sole discretion.
    19. Notices and Contact Information
      1. Posting. Except as otherwise provided in these Terms of Use, Betterfly.com will give you any notices by posting them on Betterfly.com. Since notice of any material change to the Terms of Use will be posted to Betterfly.com for at least 30 days, please visit Betterfly.com at least that often.
      2. Notice. You authorize Betterfly.com 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.com to the address you have most recently provided is effective notice.
      3. Receipt of Notice. You must check Betterfly.com for notices, and you will be considered to have received a notice when it is made available to you by posting on Betterfly.com or when sent via email, whether or not received by you.
    20. Additional Terms
      1. Entire Agreement. These Terms of Use (including terms incorporated into them, e.g., the Privacy Policy) and any policies and guidelines posted to Betterfly.com and the Service comprise the entire agreement between you and Betterfly.com with respect to the use of Betterfly.com 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.
      2. Agreement to Conduct Transactions Electronically. All of your transactions with or through Betterfly.com and the Service may, at Betterfly.com’s option, be conducted electronically from start to finish. If Betterfly.com 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.com. If the law allows you to withdraw this consent or if Betterfly.com is ever required to deal with you non-electronically, Betterfly.com 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.com is required to provide to you.
      3. 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.
      4. 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.
      5. Limitations on Actions. Any action concerning any dispute with respect to Betterfly.com and the Service must be commenced within one (1) year after the cause of the dispute arises, or the cause of action is barred.
      6. Mandatory Arbitration. Any claim, controversy or dispute of any kind between the User and Betterfly.com 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 SATE 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.
      7. 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.
      8. Trademark and Copyrights. Betterfly.com™, the Betterfly.com logo, and Betterist™ are proprietary service marks of BeBetter LLC. All rights reserved.
      9. Breach of Terms of Use. By using Betterfly.com 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.com great and irreparable injury and damage. Accordingly, you agree that Betterfly.com shall be entitled, without waiving any additional rights or remedies otherwise available to Betterfly.com at law or in equity or by statute, to injunctive relief in the event of a breach or intended or threatened breach by you.
      10. Violations. Please report any violations of these Terms of Use to Betterfly.com.
      11. 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.
    Copyright © 2010 Bebetter LLC. Use of this web site constitutes acceptance of the Betterfly.comTM
    Terms of Use and Privacy Policy.
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