The Better Lab Terms of Service
These Terms of Service (“Terms”) apply to the use of (a) the website located at www.thebetterlab.io (the “Site”) and all associated web pages; (b) The Better Lab platform (“Platform”); and (c) all related services offered through the Site and the Platform ((b)-(c) collectively, the “Services”). The Site and Services are provided by The Better Lab Inc. (“The Better Lab,” “we,” “us” or “our”), and these Terms represent a binding agreement between you as the user of the Site and Services (“user,” “you” or “your”) and The Better Labs. By accessing or using the Site and Services, you confirm your acceptance of these Terms and our associated Privacy Policy. If you do not agree to these Terms, you must immediately discontinue the use of any Site and Services.
NOTICE: THESE TERMS CONTAIN AN ARBITRATION PROVISION UNDER WHICH YOU ARE OBLIGATED TO LITIGATE CLAIMS IN A PRIVATE ARBITRATION RATHER THAN IN COURT, UNLESS YOU OPT OUT AS SPECIFIED IN SECTION 18. YOU FURTHER WAIVE THE RIGHT TO A TRIAL BY JURY AND TO BRINGING ANY CLAIMS IN A REPRESENTATIVE ACTION OR AS A CLASS ACTION.
1. The Site and Services Do Not Provide Medical Advice
The contents of the Site, such as text, graphics, images, and other materials created by us or obtained from our licensors, and other materials contained on the Site, or any guidance or information provided through the Services (collectively, "Content") are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Site or the Services!
If you think you may have a medical emergency, call your doctor or 911 immediately. The Better Lab does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site or the Services. Reliance on any information provided by The Better Lab, The Better Lab employees, or others appearing on the Site or Services is solely at your own risk.
2. Description
Our Services are an online and text messaging platform for providing individualized, tailored, actionable guidance to enable individuals to build behaviors to help improve their health through sleep, mindfulness, mobility, exercise and nutrition. If you use the Site or Services, you can provide certain information and content regarding yourself, your health, activities, sleep, mindfulness, mobility, exercise and nutrition (“User Content”) that we review and analyze to provide you guidance.
3. Changes
Our Site and Services may evolve and change over time. For this reason, we may from time to time modify, amend or vary these Terms (collectively, “Modifications”) to cover changes to the Site and Services or to comply with changes in the law. Please check these Terms regularly to ensure you are aware of any Modifications made by us. If you continue to use the Site and Services, you are deemed to have accepted such Modifications. If you do not agree to such Modifications, you should discontinue use of the Site and Services.
4. Text Messaging
The Services involve the sending of text messages to the mobile phone that you provide to us when you register. You acknowledge that we may use an automatic telephone dialing system to deliver text messages to you. We may suspend or terminate your receipt of our text messages for any reason. Your receipt of our text messages is also subject to termination if your mobile telephone service terminates or lapses. We reserve the right to modify or discontinue, temporarily or permanently, all or any part of our text messages, with or without notice.
To opt in to receive text messages from us, please follow the instructions provided when you enroll for our Services. To stop receiving text messages from us, use the mobile phone corresponding to the number enrolled in our text messages and reply “STOP” in response to a text message from our text messaging program. You will then receive confirmation of your opt-out; however, you will no longer be able to use the Services since they rely on the use of text message communications. Message and data rates may apply. The frequency of messages will depend on the extent of your use of the Services.
You represent that you are the account holder for the mobile telephone number that you provide. You are responsible for notifying us immediately if you change your mobile telephone number. You agree to indemnify us in full for all claims, expenses, and damages related to or caused in whole or in part by your failure to notify us if you change your telephone number, including but not limited to all claims, expenses, and damages related to or arising under the Telephone Consumer Protection Act and state telemarketing laws.
5. Eligibility, Registration and Fees.
You must be at least 18 years of age and a resident in the United States to register for and use the Services. You further affirm that (a) you are not a resident of (and will not use the Site or Services in) a country that the U.S. government has embargoed for use of the Services, nor are you named on the U.S. Treasury Department's list of Specially Designated Nationals or any other applicable trade sanctioning regulations, and (b) you are fully able and competent, or have the consent of your parent or legal guardian, to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.
You agree to provide complete and accurate information when registering to use our Site and Services and to keep that information updated. You are responsible for maintaining the confidentiality of your user name and password (“User Credentials”) and for notifying us immediately of any loss or unauthorized use of your User Credentials. You are responsible for all activities on your account whether authorized or not. You may never use another user’s account without permission.
By providing The Better Lab with your email address and/or mobile number, you consent to our using the email address and/or mobile number to send you service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address and/or mobile number to send you other messages, such as changes to features of the Site and Services and special offers. If you do not want to receive such email messages, you may opt out or change your preferences in your profile settings page. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
You represent that:
You will fully comply with all applicable laws and agreements that govern your use of the Site and Services; and
You will not use the Site and Services in violation of any law or for any fraudulent or illegal activity.
6. Fees
We may offer a free trial period for a specified period of time. After the free trial period, you will be required to pay a subscription fee (the “Subscription Fees”) for the designated period (e.g., monthly) (“Subscription Period). If you use our Site and Services that require payment of Subscription Fees, you agree to provide us a valid credit card and authorize use to charge the Subscription Fees until you terminate your subscription. Subscriptions will automatically renew for subsequent Subscription Periods of the same length, unless you notify us of your intent to cancel prior to the end of your current Subscription Period. If you fail to pay Subscription Fees, we may terminate or suspend your access to the Services until such Subscription Fees are paid in full.
7. Access, Updates and Deletion of Accounts
You may access, update or delete your account with us at any time. If you delete your account, you will no longer be able to access or use the Site and Services. We will also delete the information contained in your account in our systems, except to the extent that we need to retain such information to comply with applicable laws or accounting requirements. If you want to exercise your right to access, update or delete your personal information, please see our Privacy Policy or contact us at support@thebetterlab.io.
8. What Data Do We Collect and What We Do With Your Data?
As noted in our Privacy Policy, we may track certain information about your use of the Site and Services to, among other things, help us provide and improve the Site and Services. This information includes information about a user’s movements and behaviors online using our Site and Services, a user’s activity on our Site and Services, and contact information (name, address, email address, phone number). Any personal information that you provide through the Site and Services will be processed and shared in accordance with our Privacy Policy.
9. Access
Provided you are in compliance with these Terms, The Better Lab hereby grants you a non-exclusive, non-transferable, revocable license to use the Site and Services for your personal use only (“User License”). All other rights in the Site and Services are reserved by The Better Lab. In the event of your breach of these Terms, we will be entitled to terminate the User License immediately.
You agree not to (i) modify, adapt or translate the Site or Services or attempt to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Site or Services; (ii) remove any copyright notice, trade mark, legend, logo or product identification from the Site or Services; (iii) modify, translate or prepare derivative works of the Site or Services, or any portion thereof; (iv) make any commercial use of the Site or Services; or (v) rent, lease, distribute or lend the Site or Services to third parties.
10. User Content
You hereby grant to us a non-exclusive, royalty-free, fully paid, unlimited, worldwide, sublicensable, perpetual and irrevocable license, in any and all manner and media, whether now known or hereinafter invented, to use, reproduce, license, distribute, modify, adapt, reformat, publicly perform, publicly display, create derivative works of and otherwise use your User Content to provide, develop and improve the Services and train our artificial intelligence models, and for other research, analysis, and commercial, promotional, marketing, and development purposes. You understand that we have no obligation to use, publicize, distribute or take any actions with respect to your User Content, and that if we do use your User Content, that we do so in our sole discretion and may remove, or refuse to remove, any User Content at our sole discretion, subject to your rights under applicable privacy laws. Any User Content that you provide to us is at your own risk and in full acknowledgement of these Terms. In granting us this license, you represent and warrant that you possess all rights necessary to grant us the license rights described above in the User Content, that the User Content is accurate and complete, and that the User Content does not violate or infringe the privacy, publicity, intellectual property rights of any other person or entity.
11. Intellectual Property and Feedback
The Better Lab and its associated logos are the trademarks of The Better Lab (“The Better Lab Trademarks”). The Site and Services and any Content are owned by The Better Lab. Other trademarks, service marks, graphics and logos used in connection with the Site or Services are the trademarks of their respective owners (collectively “Third Party Trademarks”). The Better Lab Trademarks and Content and Third Party Trademarks may not be copied, imitated or used, in whole or in part, without the prior written permission of The Better Lab or the applicable trademark holder. The Site, Services, and Content are protected by copyright, trademark, patent and other intellectual property and proprietary rights, which are reserved to The Better Lab and its licensors. We welcome your comments, suggestions, ideas or other feedback (“Feedback”) about our Site or Services. If you provide Feedback, you agree that we can use that Feedback for any purpose, including to improve the Site or Services, without further obligation (including payment) to you.
12. Prohibited Uses
We want to make the Site and Services a safe and secure place for our users. For this reason, we must prohibit certain kinds of activities and conduct. You agree not to use the Site or Services in any way, or to engage in any conduct or provide an User Content that:
Is unlawful, illegal or unauthorized;
Is defamatory of any other person;
Is obscene, sexually explicit or offensive;
Advertises or promotes any other product or business;
Is likely to harass, upset, embarrass, alarm or annoy any other person;
Is likely to disrupt our Site or Services in any way;
Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
Infringes any copyright, trademark, trade secret, or other proprietary right of any other person; or
Advocates, promotes or assists any violence or any unlawful act.
You further agree not to:
Publish and/or make any use of the Site or Services on any website, media, network or system other than those provided by us, and/or frame, “deep link,” “page scrape,” mirror and/or create a browser or border environment around any of the Site or Services (or any part thereof);
Use any “robot,” “spider” or other automatic device, program, script, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Site or Services (or any of its data), or in any way reproduce or circumvent the navigational structure or presentation of any of the Site or Services to obtain or attempt to obtain any materials, documents, services or information through any means not purposely made available through the Site or Services;
Purchase search engine or other pay-per-click keywords (such as Google AdWords), or domain names that use our name or the The Better Lab Trademarks and/or variations and misspellings thereof;
Impersonate any person or entity or provide false information on the Site or Services, whether directly or indirectly, or otherwise disguise your identity or the origin of any message or transmittal you send to us and/or any of our other visitors or users;
Falsely state or otherwise misrepresent your affiliation with any person or entity, or falsely express or imply that we or any third party endorse you, or any statement you make;
Reverse look-up, trace or seek to trace another user of the Site or Services, or otherwise interfere with or violate any other user’s right to privacy or other rights, or harvest or collect personally identifiable information about visitors or users of the Site or Services without their express and informed consent;
Disable, circumvent, bypass or otherwise avoid any measures used to prevent or restrict access to the Site or Services or the account of another user or any other systems or networks connected to the Site or Services, by hacking, password mining, or other illegitimate or prohibited means;
Probe, scan or test the vulnerability of the Site or Services or any network connected to the Services;
Upload to the Site or Services or otherwise use them to design, develop, distribute and/or otherwise transmit or execute, any virus, worm, Trojan Horse, time bomb, web bug, spyware, malware, or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive or invasive code or component;
Take any action that may impose an unreasonable or disproportionately large load on the infrastructure of the Site or Services or our systems or networks connected to the Services, or otherwise interfere with or disrupt the operation of the Site or Services, or the servers or networks that host them or make them available, or disobey any requirements, procedures, policies or regulations of such servers or networks; or
Use the Site or Services in connection with any form of spam, unsolicited mail, fraud, scam, phishing, “chain letters,” “pyramid schemes” or similar conduct, or otherwise engage in unethical marketing or advertising.
We reserve the right at our sole discretion to terminate any user’s access to the Site and the Services if they violate this Section 12 or any other provision of these Terms.
13. Third Party Links
The Site and Services may contain links to other websites, databases, networks, servers, information, software, programs, systems, directories, applications, products or services (collectively “External Applications”) for your convenience. We are not and cannot be responsible for the External Applications’ content, operation or use. Your use of External Applications is subject to the privacy practices and terms of use established for the External Applications, and we disclaim all liability for such use. You are solely responsible for reviewing any terms of use, privacy policy or other terms governing your use of these External Applications, which you use at your own risk.
14. Indemnification
You are responsible for your activities on the Site and Services. You agree to defend, indemnify and hold harmless The Better Lab, and its parent company, subsidiaries and affiliates, and each of their officers, directors, employees and agents (collectively, “Indemnitees”) against any lawsuit, liability, injuries, damages or expense (including attorneys’ fees) arising from your use of the Site and Services and your breach of these Terms. Basically, this means that if we get sued because of some action you took on the Site or Services, you will defend that lawsuit and pay any damages awarded or settlements entered into. The Indemnitees reserve the right to control the defense and settlement of any third-party claim for which you indemnify Indemnitees under these Terms and you will assist us in exercising such rights.
15. Disclaimer of Warranties
We provide the Site and Services on an ‘as is’ and ‘as available’ basis without any promises or representations, express or implied. In particular, The Better Lab does not warrant or make any representation regarding the validity, accuracy, reliability or availability of the App or its content. To the fullest extent permitted by applicable law, The Better Lab hereby excludes all warranties, whether express or implied, including any warranties of merchantability, fitness for a particular use, or that the Site, Services or Content is of satisfactory quality, non-infringing, is free of defects, or is able to operate on an uninterrupted basis, that the Site, Services or Content will improve your health or treat or improve any condition, or that the use of the Site, Content or Services by you is in compliance with laws or that any information that you transmit in connection with the Site or Services will be successfully, accurately or securely transmitted.
16. imitation of Liability
NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY OF ANY KIND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER THE BETTER LAB NOR ANY OF THE INDEMNITEES ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFITS, PERSONAL INJURY, LOST SAVINGS, OR LOSS OF DATA) OR LIABILITIES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY MANNER TO THE SITE, CONTENT OR SERVICES, AND/OR ANY EXTERNAL APPLICATION, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR LIABILITIES. YOUR SOLE REMEDY WITH RESPECT TO THE SITE, CONTENT OR SERVICES IS TO STOP USING THE SITE, CONTENT OR SERVICES, AS APPLICABLE.
THE BETTER LAB AND ITS INDEMNITEES SHALL ONLY BE LIABLE ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED U.S. $1000. THE BETTER LAB AND ITS INDEMNITEES ARE NOT LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR USE OR MISUSE OF THE SITE, CONTENT, OR SERVICES. ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE SITE, CONTENT, OR SERVICES MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION OCCURRED. REMEDIES UNDER THESE TERMS ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES AND/OR LIABILITIES, SO CERTAIN OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
17. Governing Law
These Terms shall be governed by the laws of the State of California, without regard to its choice of law principles. In the event arbitration does not apply, we and you irrevocably submit to the jurisdiction of the state and federal courts in the City of San Francisco, California with regard to any dispute arising out of or relating to these Terms.
18. Dispute Resolution
YOU HAVE READ THIS SECTION CAREFULLY AND UNDERSTAND THAT IT LIMITS YOUR RIGHTS IN THE EVENT OF A DISPUTE BETWEEN YOU AND THE BETTER LAB. YOU UNDERSTAND THAT YOU HAVE THE RIGHT TO REJECT THIS PROVISION AS PROVIDED IN THE SECTION ENTITLED "OPT OUT OF ARBITRATION" BELOW.
This Section 18 applies to any dispute, claim or controversy between you and us arising in connection with or relating in any way to these Terms, the Content, the Site and the Services (“Dispute”). We want to resolve any Dispute amicably. Before either you or we can initiate a legal action, unless it is for injunctive relief, we shall first attempt to contact the other party to discuss a resolution. You must submit your claim in writing by sending an email to the email address below. We will contact you at the email address you provide when you register to use the Site and Services. Neither party may initiate either arbitration or other legal action for sixty (60) days after receipt of the claim.
If we cannot resolve the Dispute amicably, unless you have opted out as set forth below, you and we agree that the Dispute will be determined by mandatory binding individual (not class) arbitration. You and The Better Lab further agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope or validity of this arbitration provision or to the arbitrability of any claim or counterclaim. Arbitration is more informal than a lawsuit in court. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. There may be more limited discovery than in court. The arbitrator must follow these Terms and can award the same damages and relief as a court (including attorney fees), except that the arbitrator may not award any relief, including declaratory or injunctive relief, benefiting anyone but the parties to the arbitration. This arbitration provision will survive termination of these Terms.
You and The Better Lab both agree that nothing in this Dispute Resolution provision will be deemed to waive, preclude, or otherwise limit either of our rights, at any time, to (1) bring an individual action in a U.S. small claims court; (2) bring an individual action seeking only temporary or preliminary individualized injunctive relief in a court of law, pending a final ruling from the arbitrator; or (3) any claim by The Better Lab in a court of law for violation of its intellectual property rights. In addition, this arbitration provision does not stop you or us from bringing issues to the attention of federal, state or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf (or vice versa).
Either you or we may start arbitration proceedings. Any arbitration between you and The Better Lab will take place under the Consumer Arbitration Rules of the American Arbitration Association (“AAA”) then in force (the “AAA Rules”), as modified by this arbitration provision. You and The Better Lab agree that the Federal Arbitration Act applies and governs the interpretation and enforcement of this provision (despite the choice of law provision above). The AAA Rules, as well as instructions on how to file an arbitration proceeding with the AAA, appear at adr.org, or you may call the AAA at 1-800-778-7879.
Any arbitration hearings will take place in San Francisco, California. If the claim being arbitrated is for $25,000 or less, either you or The Better Lab may choose to have the arbitration take place without an in-person hearing (and the other party will be bound by that choice and hereby agrees to proceed without an in-person hearing). In the event that either party elects to proceed without an in-person hearing on a claim for $25,000 or less, the arbitrator shall decide whether the arbitration will be conducted (1) solely on the basis of documents submitted to the arbitrator; or (2) through a non-appearance based telephonic hearing.
Each party shall pay arbitration fees in accordance with the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
If this arbitration provision is invalidated in whole or in part, the parties agree that the exclusive jurisdiction and venue described in Section 17 shall govern any Dispute in court.
OPT-OUT OF ARBITRATION: You may opt out of the binding arbitration described in this section by sending The Better Lab written notice of your desire to do so by email at support@thebetterlab.io or regular mail at 95 Reed Ranch RD, Tiburon, CA 94920 within thirty (30) days following the date you first use our Services or App, whichever occurs first (such notice, an “Arbitration Opt-out Notice”). If you don’t provide The Better Lab with an Arbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth above.
19. Mass Action Waiver
You and The Better Lab expressly waive the right to have any Dispute brought, heard, administered, resolved, or arbitrated as a Mass Action, and neither an arbitrator nor an arbitration provider shall have any authority to hear, arbitrate, or administer any mass action or to award relief to anyone but the particular individual who initiates the claim to be arbitrated. The parties also expressly waive the right to seek, recover, or obtain any non-individual relief. The parties agree that the definition of a “Mass Action” includes, but is not limited to, instances in which you or The Better Lab are represented by a law firm or collection of law firms that has filed 50 or more arbitration demands of a substantially similar nature against the other party within 180 days of the arbitration demand filed on your or The Better Lab’s behalf, and the law firm or collection of law firms seeks to simultaneously or collectively administer and/or arbitrate all the arbitration demands in the aggregate. Notwithstanding anything else in these Terms or this Dispute Resolution provision, this Mass Action Waiver does not prevent you or The Better Lab from participating in a mass settlement of claims.
Notwithstanding any provision to the contrary in AAA Rules, the arbitrator shall be empowered to determine whether the party bringing any claim has filed a Mass Action in violation of the Mass Action Waiver. Either party shall raise with the arbitrator or arbitration provider such a dispute within 15 days of its arising. If such a dispute arises before an arbitrator has been appointed, the parties agree that (i) a panel of three arbitrators shall be appointed to resolve only disputes concerning whether the party bringing any claim has filed a Mass Action in violation of the Mass Action Waiver, each party shall select one arbitrator from the arbitration provider’s roster to serve as a neutral arbitrator, and those two arbitrators shall appoint a third neutral arbitrator (in the event that the parties’ arbitrators cannot agree on a third arbitrator, the arbitration provider will select the third arbitrator); (ii) The Better Lab shall pay any administrative fees or costs incidental to the appointment of arbitrators under this Mass Action Waiver provision, as well as any fees or costs that would not be incurred in a court proceeding, such as payment of the fees of the arbitrators, as well as room rental; (iii) the arbitrators shall issue a written decision with findings of fact and conclusions of law; and (iv) any further arbitration proceedings or assessment of arbitration-related fees shall be stayed pending the arbitrators’ resolution of the parties’ dispute. If the arbitrator or panel of arbitrators determines that a party has violated the Mass Action Waiver, then, in addition to any other available remedies, the other party shall have the opportunity to opt out of arbitration within 30 days of the arbitrator’s or panel of arbitrator’s decision.
20. Class Action Waiver
NO ARBITRATION SHALL PROCEED ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS EVEN IF THE DISPUTE OR DISPUTES THAT ARE THE SUBJECT OF THE ARBITRATION HAD PREVIOUSLY BEEN ASSERTED (OR COULD HAVE BEEN ASSERTED) IN A COURT AS CLASS REPRESENTATIVE, OR COLLECTIVE ACTIONS IN A COURT. Unless all parties to the arbitration consent in writing, no party to the arbitration may join, consolidate, or otherwise bring claims for or on behalf of two or more individuals or unrelated corporate entities in the same arbitration unless those persons are parties to a single transaction. Unless consented to in writing by all parties to the arbitration, an award in arbitration shall determine the rights and obligations of such parties only, and only with respect to the claims in arbitration, and shall not (a) determine the rights, obligations, or interests of anyone other than all parties to the arbitration, or resolve any Dispute of anyone other than any such party; nor (b) make an award for the benefit of, or against, anyone other than any such party. No administrator or arbitrator shall have the power or authority to waive, modify, or fail to enforce this specific paragraph, and any attempt to do so, whether by rule, policy, arbitration decision or otherwise, shall be invalid and unenforceable.
The parties further agree that if for any reason a claim does not proceed in arbitration, this Class Action Waiver shall remain in effect, and a court may not preside over any action joining, coordinating, or consolidating the claims of multiple individuals against The Better Lab in a single proceeding, except that this Class Action Waiver shall not prevent you or The Better Lab from participating in a classwide, collective, and/or representative settlement of claims. If this Section 20 is held unenforceable in its entirety, then the entirety of Sections 18, 19 and 20 hereof will be deemed void. Except as provided in the preceding sentence, Sections 18, 19 and 20 will survive any termination of these Terms.
21. Termination
These Terms are effective unless and until terminated by The Better Lab. You may discontinue any further use of the Site, Content and Services, but these Terms will continue to apply to your use of the Site and Services prior to such discontinuance. We also may terminate or suspend these Terms, at any time, without notice and accordingly deny you access to the Site and Services, for any reason, including without limitation, if at our sole discretion you fail to comply with any provision of these Terms or your use is harmful to the interests of another user of the Site or Services. Upon any termination of the Terms by either you or us, you must promptly uninstall the App and cease using the Site and Services. Sections 1, 3, 8, 10, 11, and 12 through 25 and any claim by us for payments due will continue to apply even after the Terms, Site or Services have been terminated or suspended.
22. Intellectual Property Claims
We respect the intellectual property rights of others and require that users of our Site and Services do the same. In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), we will respond promptly to claims of copyright infringement that are reported to the agent that we have designated to receive notifications of claims infringement (“Designated Agent”). Our Designated Agent is:
The Better Lab
Attention: Intellectual Property Claims
Email: support@thebetterlab.io
To be sure the matter is handled immediately, your written notice must:
Contain your physical or electronic signature;
Identify the copyrighted work or other intellectual property alleged to have been infringed;
Identify the allegedly infringing material in a sufficiently precise manner to allow us to locate that material;
Contain adequate information by which we can contact you (including postal address, telephone number, and e-mail address);
Contain a statement that you have a good faith belief that use of the copyrighted material or other intellectual property is not authorized by the owner, the owner’s agent or the law;
Contain a statement that the information in the written notice is accurate; and
Contain a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright or other intellectual property right owner.
Unless the notice pertains to copyright or other intellectual property infringement, the Agent will be unable to address the listed concern.
23. Submitting a DMCA Counter-Notification
We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a validly received DMCA take-down notice. In response, you may provide our Agent with a written counter-notification that includes the following information:
Your physical or electronic signature;
Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
We reserve the right, in our sole discretion, to terminate the account or access of any user of the Site and Services who is the subject of repeated DMCA or other infringement notifications.
24. General
These Terms, including the Privacy Policy, and other policies incorporated herein, constitute the entire and only agreement between you and The Better Lab with respect to the subject matter of these Terms, and supersede any and all prior or contemporaneous agreements, representations, warranties and understandings, written or oral, with respect to the subject matter of these Terms. If any provision of these Terms is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms may not be changed, waived or modified except by The Better Lab as provided herein or otherwise by written instrument signed by The Better Lab. Neither these Terms nor any right, obligation or remedy hereunder is assignable, transferable, delegable or sublicensable by you except with The Better Lab’s prior written consent, and any attempted assignment, transfer, delegation or sublicense shall be null and void. The Better Lab may assign, transfer or delegate these Terms or any right or obligation or remedy hereunder in its sole discretion. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in these Terms is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.
25. Notice for California Users
Under California Civil Code Section 1789.3, users of The Better Lab from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Platforms of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact the California Department of Consumer Affairs at dca@dca.ca.gov.
26. Contact Us
If you have any questions regarding our Site or Services, you can email us at support@thebetterlab.io