INTRODUCTION BetterDays Co. (“Company”) respects your privacy. This PrivacyPolicy sets forth Company’s policy with respect to the types of information we maycollect from you or that you may provide when you visit betterdaysco.com (“theWebsite”), including any content, services, functionality, mobile applications,downloadable materials, and courses (“the Services”). If you do not agree with ourPrivacy Policy, your choice is to not use our Website. By accessing or using this Website,you agree to this Privacy Policy and the Terms of Use found here: [link to Website Termsof Use].CHILDREN UNDER THE AGE OF 16. All website users must be at least 16 years of age. If welearn we have received information from a child under 16 we will delete the information.If you have reason to believe that a child under the age of 16 has provided Personal Datato us through the Website or Services, please contact us and we will endeavor to deletethe information from our database. If we learn a user is under 16 years of age, we will notdisclose any personal information to any third parties unless the user has given opt-inconsent. If you have reason to believe that a user is under 16 years of age, notify theCompany in order to prevent disclosure of any personal data without opt-in consent.WHEN WE COLLECT INFORMATION FROM YOU. We collect data and process data when youaccess our Website, fill out forms on our Website, register, make a purchase, sign up forour newsletter, respond to a survey, surf the Website, or use or view our Website via yourbrowser’s cookies.WHAT TYPES OF INFORMATION WE COLLECT FROM YOU.A. Voluntary InformationWhen you visit our Website or use our Services we collect certain types ofinformation from you. This includes your name, email address, mailingaddress, phone number, credit card information, age, sex, marital status, race,nationality, or other information you provide to us.B. Automatic Data CollectionWe also collect information automatically through cookies and othertracking technologies such as information about your internet connection, yourIP address, traffic and location data, logs and other information. Theinformation we automatically collect helps us to improve our Website anddeliver a better service.The categories of consumer data we have collected within the past 12 monthsincludes location, email address, name and credit card information.HOW WE COLLECT INFORMATION FROM YOU. The technologies we use for automatic datacollection include “cookies.” Cookies are small files placed on the hard drive of yourcomputer that enables the website or service provider’s systems to recognize yourbrowser and remember certain information. We use functionality cookies to recognizeyou on our website and remember your previously selected preferences. These couldinclude what language you prefer and location you are in. We use advertising cookies tocollect information about your visit to our website, the content you viewed, the links youfollowed and information about your browser, device, and your IP address. Our Companysometimes shares some limited aspects of this data with third parties for advertisingpurposes. We may also share online data collected through cookies with our advertisingpartners. This means that when you visit another website, you may be shown advertisingbased on your browsing patterns on our Website. [You may refuse to accept browsercookies by activating the appropriate setting in your browser, but if you do, you may notbe able to access certain parts of our Website or Services. We also use flash cookies orweb beacons for automatic data collection. You may also provide information that ispublic or displayed on public areas of the Website, or transmitted to other users of theWebsite or third parties (“User Content”). Your User Content is transmitted to others atyour own risk.HOW WE USE YOUR INFORMATION. Processing of your information is necessary for thepurpose of legitimate interests and does not infringe on any fundamental rights andfreedoms. Some of those legitimate interests include: direct marketing, processing ofclient data, ensuring network and information security, and fraud prevention. We useyour information to understand and store information about visitor’s preferences, tocompile aggregate data about site traffic and site interactions, to provide you withinformation, products, or services that you request from us or that we think you may like,to provide you with notices about your account, to carry out billing and collection, forcustomer support, for marketing purposes, and in any other way we describe when youprovide information to us. We do use automated decision-making in processing yourpersonal information for some services and products. You can request a manual review ofthe accuracy of an automatic if you are unhappy with it. We do not sell personalinformation or consumer data for monetary gain or valuable considerationTHIRD PARTY DISCLOSURES. Some content or applications on the Website are served bythird parties, such as advertisements. We do not control third parties’ trackingtechnologies. You should consult the privacy policies of any such third party for moredetailed information on their practices. Our Company Website contains links to otherwebsites. Our privacy policy applies only to our Website, so if you click on a link toanother website, you should read their privacy policy.HOW WE DISCLOSE YOUR INFORMATION.We may disclose aggregated information about our users and information that doesnot identify any individual without restriction.We do not disclose personal information that we collect or you provide as describedin this Privacy Policy to third parties.We use your provided data to prevent fraudulent purchases by sharing your data withcredit reference agencies.We will release information when it is appropriate to comply with the law or enforceour site policies.Do Not Track Policy: Our site honors Do Not Track (“DNT”) browser settings. We do not track your online browsingactivity on any other online service.We do not transfer personal data collected from you to third party processors locatedinternationally. Please be aware that such countries may not have the same level ofdata protection; however, our collection, storage and use of your personal data willcontinue to be governed by this Privacy Policy.HOW WE STORE AND PROTECT USER INFORMATION.Company securely stores your data at/on secured servers. We have implementedsecurity measures designed to protect your visit to the Website. These include:All payment information is encrypted.All information you provide to us is stored on our secure servers behindfirewalls.We use regular Malware Scanning.No transmission over the internet or email is completely secure or errorfree. Please keep this in mind when disclosing personal information over theinternet.We will keep your data for 1 year. Once this time period has expired, we will deleteyour data.YOUR CALIFORNIA PRIVACY RIGHTS.If you are a California resident, California law may provide you with additional rightsregarding our use of your personal information. To learn more about your Californiaprivacy rights, visit https://oag.ca.gov/privacy/ccpa.Under the CCPA, California residents have the right to opt-out of the sale of personalinformation about them or their household, such as their name, postal or emailaddress, and other personal identifying information. The right is subject to certainexceptions. For example, it does not apply to information that we share with certainthird-party service providers so they can perform business functions for us or on ourbehalf. You may opt out by emailing support@betterdaysco.com.In the preceding twelve months, we have not sold personal information. Our policy isthat we do not and will not sell your personal information, unless you give us yourconsent or direct us to do so.RIGHT TO OPT OUT. You have agreed to receive marketing material from the Companyand have consented to the Company disclosing your information to third parties formarketing purposes. You may opt out at any time. If you no longer wish to be contactedfor marketing purposes, please email support@betterdaysco.com.YOUR DATA PROTECTION RIGHTS.The Right to be Informed: This means anyone processing your personal data mustmake clear what they are processing, why, and who else the data may be passed to.The Right to Access: This is your right to see what data is held about you by a DataController.The Right to Rectification: You have the right to have your data corrected andamended if what is held is incorrect in some way. You can request that we correct anyinformation that you believe is inaccurate or request that we complete informationthat you believe is incomplete.The Right to Erasure: Under certain circumstances you can ask for your personal datato be deleted. This is also called “The Right to be Forgotten.” This would apply if thepersonal data is no longer required for the purposes it was collected for, or yourconsent for the processing of that data has been withdrawn, or the personal data hasbeen unlawfully processed.The Right to Restrict Processing: This gives you the right to ask for a temporary haltto processing of personal data, such as in the case where a dispute or legal case has tobe concluded, or the data is being corrected.The Right of Portability: You have the right to ask for any data supplied directly tothe Data Controller by you, to be provided in a structured, commonly used, andmachine-readable format. You may request copies of your personal data from us. Youmay request that we transfer the data that we have collected to another organization,or directly to you, under certain conditions. We may charge a small fee for thisservice or for any copies requested.The Right to Object: You have the right to object to further processing of your datawhich is inconsistent with the primary purpose for which it was collected, includingprofiling, automation, and direct marketing.Rights in Relation to Automated Decision-making and Profiling: You have the rightnot to be subject to a decision based solely on automated processing.Right Not to be Subject to Discrimination for the Exercise of Rights: The Companywill not refuse goods or services to individuals who exercise their consumer rights.If you would like to exercise these rights, please contact us at support@betterdaysco.com.CHANGES TO PRIVACY POLICY. The date the Privacy Policy was last revised is identified onthe first page of the Privacy Policy. We reserve to update this policy and if we makematerial changes to how we treat our users’ personal information we will notify you byemail. You are responsible for periodically visiting our Website and Privacy Policy tocheck for any changes.CONTACT. You may send us an email to inquire about our Privacy Policy or to requestaccess to, correct or delete any personal information that you have provided to us at:BetterDays Co.support@betterdaysco.comYou may reach our Data Protection Officer by sending an email tosupport@betterdaysco.com.COMPLAINTS. Should you wish to report a complaint or if you feel that our Companyhas not addressed your concern in a satisfactory manner, you may contact the InformationCommissioner’s office (if an individual located in the United Kingdom) or the EuropeanData Protection Board.INDIVIDUALS LOCATED WITHIN THE UNITED KINGDOM.Restricted Transfers: Our Company may make a restricted transfer if thereceiver is located in a third country or territory or is an internationalorganization, covered by UK “adequacy regulations.” If there are no adequateregulations about the country, territory or sector for the restricted transfer, ourCompany should then find out whether you can make the transfer subject to‘appropriate safeguards’ as listed in the UK GDPR. Before we rely on anappropriate safeguard to make a restricted transfer, we must be satisfied thatthe data subjects of the transferred data continue to have a level of protectionessentially equivalent to that under the UK data protection regime. We do thisby undertaking a risk assessment, which takes into account the protectionscontained in that appropriate safeguard and the legal framework of thedestination country (including laws governing public authority access to thedata). If our assessment is that the appropriate safeguard does not provide therequired level of protection, we will include additional measures. Appropriatesafeguards may be: (1) A legally binding and enforceable instrument betweenpublic authorities or bodies; (2) binding corporate rules as defined in Article 47of the UK GDPR; (3) a contract incorporating standard data protection clausesrecognized or issued in accordance with the UK data protection regime; (4) a code of conduct approved by the ICO; (4) Certification under an approvedcertification scheme; (5) a bespoke contract governing a specific restrictedtransfer which has been individually authorized by the ICO; or (6)Administrative arrangements between public authorities or bodies. If none ofthe criteria above apply for the transfer, we may still make the transfer if thetransfer is covered by an ‘exception’ set out in Article 49 of the UK GDPR.CHILDREN UNDER THE AGE OF 13: All website users located in the UnitedKingdom must be at least 13 years of age. If we learn we have receivedinformation from a child under 13 we will delete the information. If you havereason to believe that a child under the age of 13 located in the UnitedKingdom has provided Personal Data to us through the Website or Services,please contact us and we will endeavor to delete the information from ourdatabase. If we learn a user is under 13 years of age, we will not disclose anypersonal information to any third parties unless the user has given opt-inconsent. If you have reason to believe that a user is under 13 years of age,notify the Company in order to prevent disclosure of any personal data withoutopt-in consent.

1. Introduction

These Terms of Use are entered into between You and BetterDays Co. (“Company,” “we,” or “us”).

2. Parties

The term “you” or “your” refers to any user, purchaser, or visitor of betterdaysco.com (“the Website”), including any content, services, functionality, mobile applications, downloadable materials, and courses (“the Services”). By using this Website, you agree that you are at least 18 years old or of legal age in your applicable jurisdiction and eligible to form a binding contract with the Company. Collectively, you and Company will be referred to as “the Parties.”

3. Acceptance Of Terms Of Use

The following Terms and Conditions “Terms of Use” govern your use of and access to the Website and Services. The Terms of Use are legally binding and it is your responsibility to read them before you begin to use the Website or Services. By using and/or visiting this Website you accept and agree to be bound and abide by these Terms of Use and Privacy Policy (click here for Privacy Policy), which is incorporated herein by reference.

4. Modifications To The Terms Of Use

We reserve the right to update or change the Terms of Use at any time in our sole discretion. All changes are effective immediately once posted to the Website and apply to all access to and use of the Website thereafter. It is therefore important that you review these Terms regularly to ensure you are updated as to any changes. The “last modified” date at the top of this page reflects the last date changes were made to the Terms of Use.

5. Privacy

You agree that all information you provide to register with this Website, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy (click here for privacy policy), and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

6. Access And Use Of Website

Company reserves the right to modify or discontinue the Website or Services, or any part thereof, temporarily or permanently, with or without notice. You agree that Company will not be liable if for any reason all or any part of the Website or Services are unavailable at any time or for any period.

7. User Account

If you are provided with a username, password or any other account information, you must treat such information as confidential. You may not provide your username, password or other account information to another person or provide any other person with access to the Website or Services using your username, password, or other security information. You agree to notify us immediately of any authorized access to or use of your account, username or password. You agree to exit your account at the end of each session and exercise caution when accessing an account from a public or shared computer so that others are not able to view or record your personal information.

8. Intellectual Property Rights

All content and features on the Website, including but not limited to information, software, images, text, designs, graphics, video, audio, and the arrangement thereof, are owned by the Company, its licensors or other providers of such material, and are protected by copyright, patent, trademark, trade secret and other intellectual property or proprietary rights laws. The Company name, trademarks, the Company logo, and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its licensors. You may not use such trademarks or other intellectual property belonging to the Company without the prior written consent of the Company.

9. Website For Personal Use

The Website and Services are solely for personal and non-commercial use. You may not use the content or other materials for any commercial purpose or for any noncommercial or commercial public display.

10. No Reproduction

You may not reproduce, distribute, modify, create derivative works of, republish, transmit, sell, resell, or exploit any of the material on the Website, except and only except as follows:

You may print or download one copy of a reasonable number of pages of the Website solely for your own personal, non-commercial use

If Company provides desktop, mobile or other applications for download you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use.

11. Copyright Infringement Notice

If you believe your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify BetterDays Co. of your claim at support@betterdaysco.com, as set forth in the Digital Millennium Copyright Act of 1998 (“DMCA”). To be effective your notification must be in writing and include the following information:

An electronic or physical signature of a person authorized to act on behalf of the copyright owner

Identification of the copyrighted work that you claim has been infringed

A description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service

Your address, telephone number and email address

A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright or intellectual property owner or authorized to act on behalf of the owner.

12. Repeat Infringer Policy

In accordance with the DMCA and other applicable law, the Company has a policy of terminating the user accounts of repeat infringers. We may also at our sole discretion limit access to the Service and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

13. User Contributions

By submitting a comment, photo, video or other materials onto our Website, you agree that we have a non-revocable commercial license to republish your submission in whole or in part, unless you explicitly state in writing that we do not have such permission.

14. Fees

Fees for the product are set forth on the Website. We reserve the right to change the fees at any time.

15. Refund Policy

14-Day Refund Policy. If you are not satisfied with the product for any reason, we will provide a full refund within 14 days of purchase subject to the following conditions:

Deadline to Apply for Refund: To be eligible for a refund you must submit your request within 14 days of your date of purchase.

Company discretion: All refunds are within the Company’s sole discretion as to whether to grant or deny the request.

16. Payment Policy

You agree and warrant that all payment instruments, credit cards and related information, i.e. billing address, used in connection with any Service that is provided for a fee, are correct and that you are authorized to use such payment instrument. With regard to any payment plan, you agree to pay Company the amount specified in the payment plan in accordance with the terms of such plan and these Terms of Use. You hereby authorize Company to bill your payment instrument in accordance with the terms of the applicable payment plan.

17. Recurring Subscriptions

If you select a Service with a recurring subscription(autorenewal)  you authorize Company to maintain your account and payment information and charge that account automatically upon the renewal of the Service. If you wish to terminate your subscription, you must email support@betterdaysco.com at least ten (10) days prior to the renewal.

18. Chargebacks

You agree that you will request a refund prior to requesting a charge back with your financial institution. In the event you attempt to acquire a charge back, you will forfeit access to products and services from and by the Company. We may present proof of your consent to these Terms of Use and your access to the products and services to the financial institution.

19. Third Party Website Links

If Company, its Website or Services provide links to other sites and resources provided by third parties, including links in advertisements or sponsored links, these links are provided solely for your convenience. Company cannot control the contents of third party websites and if you choose to access third party websites you do so at your own risk. Company is not responsible for and does not endorse such third party sites. You agree that Company will not be liable for any loss or damage that may arise from your use of them.

20. Social Networking Services

You may be able to enable or log into the Service via various online third party services, such as social networking services (“Social Networking Services”). Any information you provide to Social Networking Services that is provided to us will be used stored and disclosed by us in accordance with our Privacy Policy (click here for privacy policy). The manner in which your information is used, stored and disclosed by Social Networking Services is governed solely by the policies of such third parties and Company has no liability or responsibility for the actions of such third parties.

21. Mobile Services

The Service may include certain services that are available via mobile device “Mobile Services.” To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. By using the Mobile Services, you agree that we may communicate with you by SMS, MMS, text messages or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us.

22. User Conduct And Contributions

These User Conduct Standards apply to all Services on the Website, including all comments, code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other material (“User Content”) that you upload, publish, email or display via the Service or on the Website. You are solely responsible for all User Content that you upload, publish, email or display via the Service or on the Website. User Content must comply with all applicable federal, state, local, and international laws and regulations. User Content must not:

Infringe on any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person or entity

Contain 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 or pose or create a privacy or security risk to any person

Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service

Contain any material that is defamatory, obscene, indecent, pornographic, vulgar, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable

Cause annoyance, inconvenience, or needless anxiety, or be likely to upset, embarrass, alarm, or annoy any other person

Promote sexually explicit or pornographic material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age

Solicit personal information from anyone under the age of 18

Promote any illegal activity or unlawful act

Impersonate any person or entity, or misrepresent your identity or affiliation with any person or organization

Harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications

Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions,“junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.

The Company reserves the right to remove or disable access to any User Content for any or no reason, including User Content that, in its sole discretion, it determines violates these Terms of Use Agreement. The Company is not responsible for User Content nor does it endorse any opinion contained in any User Content. You will indemnify and hold the Company harmless from and against all damages, losses, and expenses of any kind (including attorney’s fees) arising out of any claims related to your User Content.

23. Website Monitoring / Enforcement

We have the right to monitor User Content and to remove or refuse to post any User Content for any or no reason in our sole discretion. We have the right to disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy. We have the right to take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website or User Content.

24. Termination

We have the right to terminate or suspend your access to the Website or Services for any or no reason including without limitation, any violation of these Terms of Use.

25. General Disclaimer

To the fullest extent permitted by law, we expressly disclaim any liability for any direct, indirect or consequential loss or damage incurred by you or others in connection with our Website and Services, including without limitation any liability for any loss of revenue; loss of actual or anticipated profits; loss of contracts; loss of business; loss of opportunity; loss of goodwill; loss of reputation; loss of contracts; damage to or corruption of data; or any indirect or consequential loss, whether such loss or damage was foreseeable or in the contemplation of the Parties, whether caused by negligence, breach of contract or otherwise. Neither the Company nor any person associated with the Company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the Website or that the Website will otherwise meet your needs or expectations. Neither the Company nor anyone associated with the Company warrants that the Website, Services, its related content, or any services obtained through the Website will be error-free, accurate, reliable, or uninterrupted, that defects will be corrected, that the Website or the server that makes it available are free from viruses or other harmful components. The foregoing does not affect any liability that cannot be excluded or limited under applicable law. Website and Services are for informational/educational purposes only. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. The Company shall not be liable for any and all liability arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents. We are not medical, legal, financial or other professionals, or if we are, we are not acting in any professional capacity, including medical, legal, financial or otherwise. Nothing on this Website and Services should be construed as medical, legal, or financial advice.

26. Warranties Disclaimer

Your use of this Website, its content, Services or items obtained through the Website is at your own risk. The Website, its content, Services or items obtained through the Website are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.

27. Earnings Disclaimer

While we may reference certain results, outcomes or situations on this Website or Services, you understand and acknowledge that we make no guarantee as to the accuracy of third party statements contained herein or the likelihood of success for you as a result of these statements. You understand that individual results and outcome swill vary. We cannot guarantee your success merely by your access, purchase or completion of any material or products on the Website and Services. Any results displayed on the Website or Services are not guaranteed or typical.

28. Third Party Disclaimer

We are not liable for any defamatory, offensive or illegal conduct of any third parties. To the fullest extent permitted by law, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, programs, data or other proprietary material due to your use of the website or any services or items obtained through the Website. Where the Website contains links to other sites andre sources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources and will not be responsible for them or any loss that may result from their use.

29. Technology Disclaimer

We make reasonable efforts to provide you with modern, reliable technology. However, in the event of a technological failure, you accept and acknowledge our lack of responsibility for said failure. The Website is updated on a regular basis and while we try to make accurate statements in a timely and effective manner, we cannot guarantee that all information on the Website and Services are completely accurate, complete or up to date, and disclaim liability for any such errors or omissions.

30. Assumption Of Risk

By accessing the Website, its Services and related material, whether paid or unpaid, you assume the risk of your access and any subsequent actions you choose to take as a result of the informational or educational materials provided to you.

31. Indemnity And Release

You agree to indemnify, defend and hold harmless Company, its affiliates, employees, agents, licensors, and service providers from and against any and all third party suits, claims, demands, causes of action, liabilities, damages, judgments, losses, costs and expenses, including reasonable legal expenses and attorney’s fees arising out of your use of the Website, including but not limited to your User Content, any use of the Website’s content, Services, and products other than as expressly authorized in these Terms of Use, or your use of any of the information obtained from the Website and Services.

32. Limitation On Liability

You understand and agree that, to the maximum extent permitted by applicable law, the Company will not be liable for any direct, indirect or consequential loss or damage incurred by you or others in connection with our Website and Services, including without limitation any liability for any loss of revenue; loss of actual or anticipated profits; loss of contracts; loss of business; loss of opportunity; loss of goodwill; loss of reputation; loss of contracts; damage to or corruption of data; or any indirect or consequential loss, whether such loss or damage was foreseeable or in the contemplation of the Parties, whether caused by negligence, breach of contract or otherwise. The foregoing does not affect any liability that cannot be excluded or limited under applicable law.

33. Severability

If any portion of these Terms of Use is deemed to be illegal or unenforceable, the remaining provisions of this Agreement remain in full force.

34. Entire Agreement

This Agreement constitutes the final, exclusive Agreement between you and Company regarding the use and access of the Website. All earlier and contemporaneous agreements, negotiations, understandings, representations and warranties between the you and Company regarding the Website are expressly merged into and superseded by this Agreement.

35. Contact

This Website is operated by BetterDays Co. All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: support@betterdaysco.com

36. Limitation On Time To File Claims

Any cause of action or claim you may have arising out of or relating to these Terms of Use or the Website must be commenced within one (1) year after the cause of action accrues; otherwise such cause of action or claim is permanently barred.

37. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of California without giving effect to any choice or conflict of law provision or rule.

38. Binding Arbitration, Venue And Choice Of Law

Any controversy or claim arising out of or relating to these Terms of Use, or the breach thereof, including the applicability and/or enforceability of this binding arbitration provision, shall be settled exclusively by binding and non-appealable arbitration administered by the American Arbitration Association, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The number of arbitrators shall be three. The place of arbitration shall be Encinitas, California. California law shall apply. Each party shall pay its own proportionate share of arbitrator fees and the arbitration fees and expenses of the American Arbitration Association. This binding arbitration will be the Parties’ sole remedy in the event of a dispute between the Parties. The Parties waive their right to lead or participate in any lawsuit, including a class action lawsuit.

Privacy Policy: https://betterdaysco.com/privacy-

SMS Marketing Terms

By consenting to BetterDays’s SMS marketing in the checkout and initializing a purchase or subscribing via our subscription tools, you agree to receive recurring text notifications (for your order, including abandoned checkout reminders), text marketing offers, and transactional texts, including requests for reviews from us, even if your mobile number is registered on any state or federal do-not-call list.

Message frequency varies.

Consent is not a condition of purchase.

If you wish to unsubscribe from receiving text marketing messages and notifications, reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within any of our messages.

You understand and agree that alternative methods of opting out, such as using alternative words or requests, will not be considered a reasonable means of opting out.

We do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider.

Message and data rates may apply.

For any questions, please text HELP to the number you received the messages from.

You can also contact us at support@betterdaysco.com for more information.

We have the right to modify any telephone number or short code we use to operate the service at any time.

You will be notified on such occasions.

You agree that any messages you send to a telephone number or short code we have changed, including any STOP or HELP requests, may not be received, and we will not be liable for honor ing requests made in such messages.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

Your right to privacy is important to us.

You can see our Privacy Policy to determine how we collect and use your personal information.

Arbitration and Class Action Waiver Agreement

Arbitration

By using or purchasing BetterDays products or services, you agree that any controversy, claim, action, or dispute between you and BetterDays arising out of or relating to: (a) these Terms, or the breach thereof; or (b) your access to or use of BetterDays’s website or the services or the materials; or (c) any alleged violation of any federal or state or local law, statute or ordinance (each such controversy or claim, a “Claim”), shall be resolved exclusively through binding individual arbitration administered by the American Arbitration Association in accordance with its applicable rules. Arbitration is a form of dispute resolution in which parties agree to submit their disputes and potential disputes to a neutral third person (called an arbitrator) for a binding decision, instead of having such dispute(s) decided in a lawsuit, in court, by a judge or jury trial. The arbitrator is obligated to issue a reasoned award in writing, including all findings of fact and law upon which the award was made. The arbitrator shall not have the power to commit errors of law, and the arbitrator’s award may be vacated or corrected through judicial review by a court of competent jurisdiction. Each party’s attorneys’ fees, expert costs, and other costs and expenses incurred in connection with arbitration will be borne by the party incurring such costs and expenses.

Arbitration Procedures

Claims shall be heard by a single arbitrator. Arbitrations shall be held in Salt Lake City, UT, USA, but the parties may choose whether to appear in person, by phone, or through the submission of documents. The arbitration shall be governed by the Federal Arbitration Act (“FAA”) and by the internal laws of the [State], without regard to conflicts of laws principles. Any disputes in this regard shall be resolved exclusively by an arbitrator. If, but only if, the arbitrator determines the FAA does not apply, New York law governing arbitration agreements will apply. All disputes with respect to whether the foregoing mutual arbitration provisions are unenforceable, unconscionable, applicable, valid, void or voidable shall be determined exclusively by an arbitrator, and not by any court.

Exclusion from Arbitration

Notwithstanding the terms of this Arbitration Agreement, you may choose to pursue a Claim in court and not by arbitration if you opt-out of these arbitration procedures within 30 days from the date that you first purchase any of BetterDays’ products or services (the “Opt-Out Deadline”). You may opt out by mailing a written notification to [insert address]. Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes through arbitration. Your decision to opt-out will have no adverse effect on your relationship with BetterDays. You are responsible for ensuring BetterDays receipt of your opt-out notice, and you therefore may wish to send a notice by means that provide a written receipt. Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Claim in arbitration.

Class Action Waiver

You and BetterDays agree that you may bring or participate in Claims against BetterDays only in your respective individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Unless both you and BetterDays agree otherwise in writing, the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated and may not otherwise preside over any form of a representative or class proceeding. Notwithstanding any other clause contained in this Agreement, any Claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.