BetterDays Policies
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 thisWebsite, you agree that you are at least 18 years old or of legal age in your applicablejurisdiction and eligible to form a binding contract with the Company. Collectively, youand 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 legallybinding and it is your responsibility to read them before you begin to use the Website orServices. By using and/or visiting this Website you accept and agree to be bound andabide by these Terms of Use and Privacy Policy (click here for Privacy Policy), which isincorporated herein by reference.4. MODIFICATIONS TO THE TERMS OF USE. We reserve the right to update or change the Termsof Use at any time in our sole discretion. All changes are effective immediately onceposted to the Website and apply to all access to and use of the Website thereafter. It istherefore important that you review these Terms regularly to ensure you are updated as toany changes. The “last modified” date at the top of this page reflects the last date changeswere 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, isgoverned by our Privacy Policy (click here for privacy policy), and you consent to all actions wetake with respect to your information consistent with our Privacy Policy.6. ACCESS AND USE OF WEBSITE. Company reserves the right to modify or discontinue theWebsite or Services, or any part thereof, temporarily or permanently, with or withoutnotice. You agree that Company will not be liable if for any reason all or any part of theWebsite 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 accountinformation, you must treat such information as confidential. You may not provide yourusername, password or other account information to another person or provide any otherperson with access to the Website or Services using your username, password, or othersecurity information. You agree to notify us immediately of any authorized access to oruse of your account, username or password. You agree to exit your account at the end ofeach session and exercise caution when accessing an account from a public or sharedcomputer 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 butnot limited to information, software, images, text, designs, graphics, video, audio, and thearrangement thereof, are owned by the Company, its licensors or other providers of suchmaterial, and are protected by copyright, patent, trademark, trade secret and otherintellectual property or proprietary rights laws. The Company name, trademarks, theCompany logo, and all related names, logos, product and service names, designs andslogans are trademarks of the Company or its licensors. You may not use suchtrademarks or other intellectual property belonging to the Company without the priorwritten 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 commercialpurpose or for any noncommercial or commercial public display.10. NO REPRODUCTION. You may not reproduce, distribute, modify, create derivative worksof, republish, transmit, sell, resell, or exploit any of the material on the Website, exceptand only except as follows: i) You may print or download one copy of a reasonablenumber of pages of the Website solely for your own personal, non-commercial use; ii) IfCompany provides desktop, mobile or other applications for download you maydownload 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 waythat constitutes copyright infringement, or that your intellectual property rights have beenotherwise violated, you should notify [BetterDays Co.] of your claim at[support@betterdaysco.com], as set forth in the Digital Millennium Copyright Act of1998 (“DMCA”). To be effective your notification must be in writing and include thefollowing information:A. An electronic or physical signature of a person authorized to act on behalf ofthe copyright owner;B. Identification of the copyrighted work that you claim has been infringed;C. A description of where the material that you claim is infringing is located onthe Service, with enough detail that we may find it on the Service;D. Your address, telephone number and email address;E. A statement by you, made under penalty of perjury, that the information inyour notice is accurate, and that you are the copyright or intellectual propertyowner or authorized to act on behalf of the owner.12. REPEAT INFRINGER POLICY. In accordance with the DMCA and other applicable law, theCompany has a policy of terminating the user accounts of repeat infringers. We may alsoat our sole discretion limit access to the Service and/or terminate the memberships of anyusers who infringe any intellectual property rights of others, whether or not there is anyrepeat infringement.13. USER CONTRIBUTIONS. By submitting a comment, photo, video or other materials onto ourWebsite, you agree that we have a non-revocable commercial license to republish yoursubmission in whole or in part, unless you explicitly state in writing that we do not havesuch permission.14. FEES. Fees for the product are set forth on the Website. We reserve the right to change thefees at any time.15. REFUND POLICY.14-Day Refund Policy. If you are not satisfied with the unopened product for any reason, we will provide a full refund within 14 days of purchase subject to the following conditions:A. Deadline to Apply for Refund: To be eligible for a refund you must submityour request within 14 days of your date of purchase.B. 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 this Terms ofUse. 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 (auto renewal) 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 chargeback with your financial institution. In the event you attempt to acquire a chargeback, 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 (“SocialNetworking Services”). Any information you provide to Social Networking Services thatis provided to us will be used stored and disclosed by us in accordance with our PrivacyPolicy (click here for privacy policy). The manner in which your information is used, stored anddisclosed by Social Networking Services is governed solely by the policies of such thirdparties 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 mobiledevice “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. Byusing 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 certaininformation about your usage of the Mobile Services may be communicated to us.22. USER CONDUCT AND CONTRIBUTIONS. These User Conduct Standards apply to all Serviceson the Website, including all comments, code, video, images, information, data, text,software, music, sound, photographs, graphics, messages or other material (“UserContent”) 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 displayvia 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: i) Infringe onany patent, trademark, trade secret, copyright, or other intellectual property or other rightsof any other person or entity; ii) Contain software viruses or any other computer code,files or programs designed to interrupt, destroy, or limit the functionality of any computersoftware or hardware or telecommunications equipment or pose or create a privacy orsecurity risk to any person; iii) Interfere with or disrupt the Service or servers or networksconnected to the Service, or disobey any requirements, procedures, policies or regulationsof networks connected to the Service; iv) Contain any material that is defamatory,obscene, indecent, pornographic, vulgar, abusive, offensive, harassing, violent, hateful,inflammatory or otherwise objectionable; v) Cause annoyance, inconvenience, orneedless anxiety, or be likely to upset, embarrass, alarm, or annoy any other person; vi)Promote sexually explicit or pornographic material, violence or discrimination based onrace, sex, religion, nationality, disability, sexual orientation or age; vii) Solicit personalinformation from anyone under the age of 18; viii) Promote any illegal activity orunlawful act; ix) Impersonate any person or entity, or misrepresent your identity oraffiliation with any person or organization; x) Harvest or collect email addresses or othercontact information of other users from the Service by electronic or other means for thepurposes of sending unsolicited emails or other unsolicited communications; xi) Involvecommercial activities or sales, such as contests, sweepstakes, and other sales promotions,“junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form ofsolicitation. The Company reserves the right to remove or disable access to any UserContent for any or no reason, including User Content that, in its sole discretion, itdetermines violates this Terms of Use Agreement. The Company is not responsible forUser Content nor does it endorse any opinion contained in any User Content. You willindemnify and hold the Company harmless from and against all damages, losses, andexpenses of any kind (including attorney’s fees) arising out of any claims related to yourUser Content.23. WEBSITE MONITORING / ENFORCEMENT. We have the right to monitor User Content and toremove or refuse to post any User Content for any or no reason in our sole discretion. Wehave the right to disclose your identity or other information about you to any third partywho claims that material posted by you violates their rights, including their intellectualproperty rights or their right to privacy. We have the right to take appropriate legalaction, including without limitation, referral to law enforcement, for any illegal orunauthorized use of the Website or User Content.24. TERMINATION. We have the right to terminate or suspend your access to the Website orServices for any or no reason including without limitation, any violation of these Termsof Use.25. GENERAL DISCLAIMER. To the fullest extent permitted by law, we expressly disclaim anyliability for any direct, indirect or consequential loss or damage incurred by you or othersin connection with our Website and Services, including without limitation any liabilityfor any loss of revenue; loss of actual or anticipated profits; loss of contracts; loss ofbusiness; 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 lossor damage was foreseeable or in the contemplation of the Parties, whether caused bynegligence, breach of contract or otherwise. Neither the Company nor any personassociated with the Company makes any warranty or representation with respect to thecompleteness, security, reliability, quality, accuracy or availability of the Website or thatthe Website will otherwise meet your needs or expectations. Neither the Company noranyone associated with the Company warrants that the Website, Services, its relatedcontent, 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 serverthat makes it available are free from viruses or other harmful components. The foregoingdoes 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 warrantthe accuracy, completeness, or usefulness of this information. Any reliance you place onsuch information is strictly at your own risk. The Company shall not be liable for any andall liability arising from any reliance placed on such materials by you or any other visitorto the Website, or by anyone who may be informed of any of its contents. We are notmedical, legal, financial or other professionals, or if we are, we are not acting in anyprofessional capacity, including medical, legal, financial or otherwise. Nothing on thisWebsite and Services should be construed as medical, legal, or financial advice.26. WARRANTIES DISCLAIMER. Your use of this Website, its content, Services or itemsobtained through the Website is at your own risk. The Website, its content, Services oritems 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 tothe 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 onthis Website or Services, you understand and acknowledge that we make no guarantee asto the accuracy of third party statements contained herein or the likelihood of success foryou as a result of these statements. You understand that individual results and outcomeswill vary. We cannot guarantee your success merely by your access, purchase orcompletion of any material or products on the Website and Services. Any resultsdisplayed on the Website or Services are not guaranteed or typical.28. THIRD PARTY DISCLAIMER. We are not liable for any defamatory, offensive or illegalconduct of any third parties. To the fullest extent permitted by law, we will not be liablefor any loss or damage caused by a distributed denial-of-service attack, viruses, or othertechnologically 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 itemsobtained through the Website. Where the Website contains links to other sites andresources 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 beresponsible 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 andacknowledge our lack of responsibility for said failure. The Website is updated on aregular basis and while we try to make accurate statements in a timely and effectivemanner, we cannot guarantee that all information on the Website and Services arecompletely accurate, complete or up to date, and disclaim liability for any such errors oromissions.30. ASSUMPTION OF RISK. By accessing the Website, its Services and related material, whetherpaid or unpaid, you assume the risk of your access and any subsequent actions youchoose 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 andall third party suits, claims, demands, causes of action, liabilities, damages, judgments,losses, costs and expenses, including reasonable legal expenses and attorney’s feesarising 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 expresslyauthorized in these Terms of Use, or your use of any of the information obtained from theWebsite and Services.32. LIMITATION ON LIABILITY. You understand and agree that, to the maximum extentpermitted by applicable law, the Company will not be liable for any direct, indirect orconsequential loss or damage incurred by you or others in connection with our Websiteand Services, including without limitation any liability for any loss of revenue; loss ofactual or anticipated profits; loss of contracts; loss of business; loss of opportunity; lossof goodwill; loss of reputation; loss of contracts; damage to or corruption of data; or anyindirect or consequential loss, whether such loss or damage was foreseeable or in thecontemplation of the Parties, whether caused by negligence, breach of contract orotherwise. The foregoing does not affect any liability that cannot be excluded or limitedunder applicable law.33. SEVERABILITY. If any portion of this Terms of Use is deemed to be illegal orunenforceable, the remaining provisions of this Agreement remain in full force.34. ENTIRE AGREEMENT. This Agreement constitutes the final, exclusive Agreement betweenyou and Company regarding the use and access of the Website. All earlier andcontemporaneous agreements, negotiations, understandings, representations andwarranties between the you and Company regarding the Website are expressly mergedinto and superseded by this Agreement.35. CONTACT. This Website is operated by BetterDays Co. All feedback, comments, requestsfor technical support, and other communications relating to the Website should bedirected to: support@betterdaysco.com36. LIMITATION ON TIME TO FILE CLAIMS. Any cause of action or claim you may have arisingout 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 ispermanently barred.37. GOVERNING LAW. This Agreement shall be governed by and construed in accordance withthe laws of the State of California without giving effect to any choice or conflict of lawprovision or rule.38. BINDING ARBITRATION, VENUE AND CHOICE OF LAW. Any controversy or claim arising outof or relating to these Terms of Use, or the breach thereof, including the applicabilityand/or enforceability of this binding arbitration provision, shall be settled exclusively bybinding and non-appealable arbitration administered by the American ArbitrationAssociation, and judgment on the award rendered by the arbitrator(s) may be entered inany court having jurisdiction thereof. The number of arbitrators shall be three. The placeof arbitration shall be Encinitas, California. California law shall apply. Each party shallpay its own proportionate share of arbitrator fees and the arbitration fees and expenses ofthe American Arbitration Association. This binding arbitration will be the Parties’ soleremedy in the event of a dispute between the Parties. The Parties waive their right to leador participate in any lawsuit, including a class action lawsuit.https://betterdaysco.com/privacy-