Terms

Welcome to Better Choice Company Inc. (“BCC,” “we,” “us,” or “our”)! These legally binding Terms of Service govern your use of our website, http://www.betterchoicecompany.com/, including any subdomains, and any replacement or successor URL, or portions thereof (collectively, the “Service”). These Terms of Service are to be considered jointly with our Privacy Policy. Children under the age of 13 and residents of European Union member states are not eligible to use the Service. By using the Service, you are certifying that you are over the age of 13 and not a resident of a European Union member state.

By using the Service in any way, you are agreeing to comply with these Terms of Service, which may change from time to time. These Terms of Service constitute the entire and only agreement between you and us and supersede all prior or contemporaneous written, oral or implied agreements, representations, warranties and understandings with respect to the Service. Should you object to any term or condition, any subsequent modifications thereto, or become dissatisfied with the Service in any way, your only recourse is to immediately discontinue your use of the Service. BCC has the right, but is not obligated, to strictly enforce these Terms of Service through self-help, active investigation, litigation and prosecution.

1. Liability

You use the Service at entirely your own risk. The Service is provided without any warranties of any kind. All express and implied warranties are expressly disclaimed to the fullest extent permitted by law. BCC disclaims any and all warranties for the security, reliability, timeliness, accuracy, and performance of the Service.

You hold BCC harmless from all liabilities, claims, and expenses (including court costs and attorney fees) that arise from your use or misuse of the Service. BCC reserves the sole discretion to control its defense of such claims. By using the Service, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of third parties will be limited to a claim against the third parties who caused you harm and you agree not to attempt to impose liability on or seek any legal remedy from BCC with respect to such actions or omissions.

2. Third Party Content

Third party content may appear through the Service or may be accessible on third party websites via links through the Service. Because BCC has no control over such sites and resources, you acknowledge and agree that all third party content represents solely the opinions, thoughts or beliefs of their author(s) and are neither endorsed by nor representative or reflective of the opinions, thoughts or beliefs of BCC. BCC is not responsible for the availability of such external sites or resources, does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. If you decide to leave the Service by following a link to a third party website, you do so at your own risk. You further acknowledge and agree that BCC is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such content, goods or services available on or through any such site or resource.

3. Intellectual Property Rights

The trademarks, logos and service marks displayed on the Service are the property of BCC and other parties. You are prohibited from using any trademarks, logos and service marks displayed on the Service for any purpose, including, but not limited to, use as metatags on other pages or websites, without the written permission of BCC or such third party which may own the trademarks, logos and service marks. All information and content available on or through the Service is protected by copyrights, trademarks, trade secrets, patents or other proprietary rights and is the property of BCC. You agree to comply with all intellectual property laws and you shall not encumber any interest in, or assert any rights to, this content. You are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any content available on or through the Service for commercial or public purposes.

4. Limited License

BCC grants you a limited and revocable license to access and use the Service subject to these Terms of Service. All proprietary content, trademarks, service marks, brand names, logos and other intellectual property displayed through the Service are the property of BCC and, where applicable, third party proprietors. You agree not to copy, distribute, republish, mirror, frame or create derivative works without BCC’s prior written consent. You may not bypass any measures used by BCC to prevent or restrict access to the Service. Any unauthorized use by you shall immediately terminate the permission or license granted to you by BCC. BCC may revoke this license at any time, in its sole and absolute discretion.

5. Modifications

We are constantly updating and improving the Service to provide you with new and innovative features and services. BCC reserves the right, without limitation, to modify the Service, its Terms of Service and Privacy Policy at any time. Such modifications will take effect at the time of publication. You are encouraged to regularly check the Terms of Service and Privacy Policy. Your use of the Service after these changes have been published constitutes your acceptance of the modified versions of the Terms of Service and Privacy Policy. BCC reserves the right to modify, interrupt, or terminate the Service at any time without notice or liability.

6. Errors, Corrections and Changes

The Service may contain bugs, errors, defects and other problems, limitations or harmful components, which may or may not be corrected. We may make changes to the features, functionality or content of the Service at any time. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing through the Service.

7. Indemnity

You agree to hold harmless, defend and indemnify us, and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates from any claim, suit or action arising from or related to your use of the Service or violation of these Terms of Service, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs or attorney fees.

8. Governing Law

BCC’s Terms of Service and Privacy Policy are regulated and interpreted in conformity with the laws of the State of Delaware and the United States of America, without regard to conflict-of-law provisions. You are bound to comply with all laws and regulations applicable to your use of the Service. In the event that any part of BCC’s Terms of Service and/or Privacy Policy is found to be illegal or unenforceable, all remaining parts of BCC’s Terms of Service and Privacy Policy shall remain in effect.

9. Dispute Resolution

You agree that any dispute, claim or controversy arising out of or relating to these Terms of Service or your use of the Service will be settled by binding arbitration. If there is a dispute about whether these Terms of Service can be enforced or applies to a dispute, you and BCC agree that the arbitrator will decide that issue. You acknowledge and agree that you and BCC are each waiving the right to a trial by jury or to participate as a Plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and BCC otherwise agree in writing, the arbitrator(s) may not consolidate more than one person/entity’s claims, and may not otherwise preside over any form of any class or representative proceeding. The arbitration will be administered by the American Arbitration Association in accordance with the Consumer Arbitration Rules then in effect, except as modified by this “Dispute Resolution” section. The party prevailing in such arbitration shall be entitled to collect from the other party all costs incurred in such dispute, including reasonable attorney fees.

10. Legal Compliance

You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Service. We may investigate complaints or reported violations of these Terms of Service and reserve the right to take any action we deem appropriate, including, but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties, and disclosing any information necessary or appropriate to such persons or entities.

11. Privacy Policy

Our Privacy Policy, as it may be amended from time to time, is a part of these Terms of Service. In the event of any conflict between the Privacy Policy and these Terms of Service, the Privacy Policy shall control. You may review the Privacy Policy at https://www.betterchoicecompany.com/privacy/.

12. Contact Us

If you have any questions regarding these Terms of Service, please contact us using the information below:

KCSA Strategic Communications, 420 Fifth Avenue, 3rd Floor, New York, NY 10018

Telephone: 212-896-1254, E-mail: BTTR@kcsa.com

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