IMPORTANT: The section below titled “Dispute Resolution & Arbitration” requires you to arbitrate claims you may have against Better Earth, meaning you cannot bring claims against us in court, and confirms your agreement to a class action waiver in arbitration. It affects your legal rights. Please read it carefully.
Better Earth owns and/or operates the Digital Services, and we reserve the right, in our sole discretion, to change, modify, add or remove any portion of the Digital Services or the Terms, whether in whole or in part, at any time and for any reason. Changes to the Terms will be effective when posted and notice of such change has been sent to you. In addition, you agree to review the Terms periodically to be aware of any changes. Your continued use of the Digital Services after such changes to the Terms will be considered acceptance of those changes.
You agree that you are authorized to visit, view and use the information on the Digital Services for personal, informational, and non-commercial purposes only. You are prohibited from duplicating, downloading, publishing, modifying or otherwise distributing, in whole or in part, any content and materials on the Digital Services (including, without limitation, any text and images resident on the Digital Services) without Better Earth’s express written permission. All pages and any material contained on the Digital Services are the property of Better Earth, or are owned by a third party and are used by Better Earth under license, and are protected by U.S. and international copyright and other intellectual property laws.
Better Earth grants you a limited, non-exclusive, revocable and non-transferable license to utilize and access the Digital Services pursuant to the requirements and restrictions contained in these Terms. Better Earth may, in its sole discretion, change, suspend or discontinue any aspect of the Digital Services at any time. We may also impose limits on certain services or restrict access to all or certain portions of the Digital Services, without notice or liability. Better Earth does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information; and you shall have no right, either directly or indirectly, to own, use, loan, sell, rent, lease, license, sublicense, assign, copy, translate, modify, adapt, improve or create any new or derivative works from, or display, distribute, perform or in any way exploit the Digital Services or any of its contents (including software) in whole or in part. You agree to not disrupt, interrupt or attempt to interrupt the operation of the Digital Services in anyway.
COPYRIGHT CLAIMS – DCMA Matters
We respect the intellectual property rights of third parties. If you believe that anything on any of the Digital Services infringes any copyright which you own or control, you may file a notification of such infringement with our designated agent as set forth below. As set forth by Section 512(c)(3) of the Digital Millennium Copyright Act, your notification should be sent to Better Earth as follows and contain the following information:
Better Earth, Inc.
ATTN: Copyright Claims Administrator
16720 Marquardt Avenue
Cerritos, CA 90703
Email: [email protected]
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Section 512(f) of the Digital Millennium Copyright Act may impose liability for damages on any person who knowingly sends meritless notices of infringement. Please do not make false claims.
VIOLATIONS OF THE TERMS
You understand and agree that Better Earth may, in its sole discretion, with or without prior notice, terminate your access to the Digital Services and/or exercise any other available remedy if we determine that you have violated (i) any provision of the Terms; (ii) Better Earth’s rights; (iii) the rights of third parties or (iv) any applicable laws or regulations. You acknowledge and agree that monetary damages may not adequately compensate Better Earth for your non-compliance with the Terms, and you therefore consent to injunctive or other equitable relief in the case of such violations. You further agree that Better Earth may release certain information about you if we are required to do so by applicable laws or a valid subpoena.
You agree to indemnify, defend and hold harmless Better Earth, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Digital Services against any and all losses, expenses, damages and costs, including reasonable attorneys’ fees, incurred in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the Digital Services violates the Terms, any applicable law or regulation, or the rights of any third party.
LIMITATION OF LIABILITY
IN NO EVENT SHALL BETTER EARTH OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, AGENTS OR EMPLOYEES BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR OTHER DATA) THAT ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, MATERIALS AND FUNCTIONS OF THE DIGITAL SERVICES OR ANY LINKED WEBSITE, EVEN IF BETTER EARTH IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE DIGITAL SERVICES AND/OR LINKED WEBSITES IS TO STOP USING THE DIGITAL SERVICES AND/OR THOSE WEBSITES.
LINKING TO THE DIGITAL SERVICES
By linking to the Digital Services, you agree that you will not:
- Replicate any of the Digital Services’ content;
- Frame or otherwise create a browser or border environment around the Digital Services’ content;
- State or imply that Better Earth is endorsing you, your company or business, your website or its contents, your products or your services;
- Misrepresent your or your website’s relationship with Better Earth;
- Present false, misleading or inaccurate information about Better Earth, our products or services, any of our affiliates or any of our affiliates’ products or services;
- Use Better Earth’s trademarks, logos or copyrighted materials without obtaining express prior written authorization from Better Earth;
- Include content on your website that is or could reasonably be construed as illegal, distasteful, offensive or controversial (i.e., you agree that all content on your website is appropriate for all age groups); or
- Link to an internal page of the Digital Services that is located one or several levels down from the home page, or bring up or present content of the Digital Services on another website, without obtaining express prior written authorization from Better Earth.
DISCLAIMER OF WARRANTIES
BETTER EARTH CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT ANY CONTENT OR FILES AVAILABLE ON OR THROUGH THE DIGITAL SERVICES WILL BE FREE OF INFECTION OR VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ACCURACY OF DATA AND OUTPUT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE DIGITAL SERVICES.
THE MATERIALS AND INFORMATION CONTAINED ON THE DIGITAL SERVICES MAY CONTAIN TECHNICAL INACCURACIES AND/OR TYPOGRAPHICAL ERRORS. BETTER EARTH DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE DIGITAL SERVICES. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT OR INFORMATION SHALL BE AT YOUR SOLE RISK. BETTER EARTH RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE DIGITAL SERVICES. BETTER EARTH MAY MAKE ANY OTHER CHANGES TO THE DIGITAL SERVICES, THE MATERIALS AND THE PRODUCTS, PROGRAMS, SERVICES OR PRICES (IF ANY) DESCRIBED IN THE DIGITAL SERVICES AT ANY TIME WITHOUT NOTICE.
THE DIGITAL SERVICES AND THE INFORMATION AND MATERIALS ON THE DIGITAL SERVICES ARE PROVIDED “AS IS” AND BETTER EARTH DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, OR ENDORSEMENTS WHATSOEVER INCLUDING, WITHOUT LIMITATION WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE WITH REGARD TO THE DIGITAL SERVICES, ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH THE DIGITAL SERVICES AND BETTER EARTH SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Please note that the Digital Services may contain links to third-party websites not owned or operated by Better Earth. We make no representations or warranties whatsoever about any other website, or the contents thereof, that you may access through the Digital Services. When you access a third-party website, please understand that you are doing so at your own risk and that it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Better Earth has no control over such third-party websites, and therefore is not responsible for any content thereon. Any links to third-party websites are provided to you for your convenience only, and the inclusion of such links does not mean that Better Earth endorses or accepts any responsibility for the content, or the use, of the linked website. Including these links does not imply that Better Earth is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked third-party website is authorized to use any trademark, trade name, logo or copyright symbol of Better Earth or any of its affiliates or subsidiaries.
The Digital Services are operated and administered from within the United States of America (“U.S.”). Use of the Digital Services shall be governed by all applicable Federal laws of the U.S. and the laws of the State of California, without giving effect to its conflict of laws provisions.
DISPUTE RESOLUTION & ARBITRATION
Please read this section carefully. It may significantly affect your legal rights, including your right to file a lawsuit in court. NOTWITHSTANDING THE FOREGOING OR ANYTHING ELSE TO THE CONTRARY IN THE TERMS, YOU AND BETTER EARTH AGREE TO RESOLVE ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE DIGITAL SERVICES BY BINDING, BILATERAL ARBITRATION IN THE COUNTY OF SAN FRANCISCO, CALIFORNIA BEFORE THE JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC. (“JAMS”) UNDER THE JAMS RULES OF PRACTICE AND PROCEDURE. ANY SUCH CONTROVERSY OR CLAIM MUST BE COMMENCED AS PROVIDED HEREIN WITHIN ONE (1) YEAR AFTER THE CONTROVERSY OR CLAIM ARISES. THE ARBITRATOR SHALL BE A FORMER JUDGE OF A COURT OF CALIFORNIA. DISCOVERY AND OTHER PROCEDURAL MATTERS SHALL BE GOVERNED AS THOUGH THE PROCEEDING WERE AN ARBITRATION. ANY JUDGMENT UPON THE AWARD MAY BE CONFIRMED AND ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. THE ARBITRATOR SHALL BE REQUIRED TO, IN ALL DETERMINATIONS, APPLY CALIFORNIA LAW WITHOUT REGARD TO ITS CONFLICTS OF LAW PROVISIONS. THE ARBITRATOR IS AFFORDED THE JURISDICTION TO ORDER ANY PROVISIONAL REMEDIES, INCLUDING, WITHOUT LIMITATION, INJUNCTIVE RELIEF. THE COSTS OF ARBITRATION, INCLUDING ANY JAMS ADMINISTRATION FEE, THE ARBITRATOR’S FEE, AND COSTS FOR THE USE OF FACILITIES DURING HEARINGS, SHALL BE BORNE EQUALLY BY THE PARTIES TO THE ARBITRATION; PROVIDED, HOWEVER, THE ARBITRATOR MAY AWARED THE PREVAILING PARTY THE COSTS OF ARBITRATION, INCLUDING REASONABLE ATTORNEYS’ FEES AND EXPENSES. THE ARBITRATOR’S AWARD SHALL BE IN WRITING AND SHALL STATE THE REASONS FOR THE AWARD. THE PARTIES STIPULATE THAT A JAMS EMPLOYEE MAY BE APPOINTED AS JUDGE PRO TEMPORE OF THE SUPERIOR COURT OF SAN FRANCISCO COUNTY IF REQUIRED TO CARRY OUT THE TERMS OF THIS PROVISION.
ARBITRATION SHALL BE THE SOLE AND EXCLUSIVE MEANS TO RESOLVE ANY DISPUTE. YOU AND BETTER EARTH UNDERSTAND AND ACKNOWLEDGE THAT, BY AGREEING TO BINDING ARBITRATION, YOU AND BETTER EARTH WAIVE THE RIGHT TO SUBMIT THE DISPUTE FOR DETERMINATION BY A COURT AND THEREBY ALSO WAIVE THE RIGHT TO A JURY TRIAL. YOU AND BETTER EARTH AGREE THAT ANY ARBITRATION SHALL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED, AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION.
You and Better Earth acknowledge and understand that the grounds for appeal of an arbitration award are limited compared to a court judgment or jury verdict. Any arbitration award will be treated as confidential information. The award of the arbitrator will be final and binding upon the you and Better Earth without appeal or review except as permitted by California law. Either you or Better Earth may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party’s rights or property pending the completion of arbitration. Notwithstanding any of the foregoing, nothing in these Terms will preclude you from bringing issues to the attention of federal, state, or local agencies, and, if the law allows, they can seek relief against us for you.
Better Earth reserves the right, in its sole discretion, to terminate your access to all or part of the Digital Services, with or without cause, and with or without notice. In the event that any provision of the Terms are found by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so as to effect the intent of the Terms, and all remaining provisions shall otherwise remain in full force and effect. The Terms constitute the entire agreement between Better Earth and you pertaining to the subject matter hereof and supersede any prior or contemporaneous understandings and agreements between you and Better Earth related to the subject matter hereof. The section titles in these Terms are for convenience only and have no legal or contractual effect. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.
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