PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE OR BETTERFI SERVICES.

The following terms of use (“Terms”) set forth a legally binding agreement between you and BetterFi and its successors, affiliates, and assignees (collectively, “BetterFi,” “we,” or “us”) and govern your use of and access to betterfi.co and all of our other websites, and other applications or services to which these Terms are posted (each individually a “Site” and collectively, the “Sites”) and the information, features, content, text, images, data, software, products and services that we make available on or through the Sites (collectively, with the Sites, the “Service”) whether as a guest or a registered user.

 By using the Service or by clicking accept or agree to these Terms when this option is presented to you, you represent that you are 18 years of age or older and agree to be legally bound by the Terms without limitation or qualification. As described in more detail below, these Terms may be revised and updated by us from time to time without notice to you. Your continued use of the Service is your acceptance of the revised and updated Terms.

 If you do not agree to be bound by these Terms, you should not access or use the Service.

In some instances, both these Terms and separate terms and conditions will apply, including without limitation, terms and conditions for our referral or rewards programs (collectively “Additional Terms”). To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless they expressly state otherwise.

 YOU AGREE THAT BY USING THE SITES OR SERVICE YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.

THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING A CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH OPORTUN AND ANY RELATED PARTIES.  YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.

 Please also refer to the BetterFi Privacy Policy, each of which is incorporated herein by reference.

1. Your Right to Use the Sites and Services. In these Terms, we grant you a personal, limited, non-transferable, non-exclusive license to access and use the Service. Your use of the Service must be for your own non-commercial personal use and in compliance with these Terms and all applicable law. We are not responsible if you use the Service in any manner that violates applicable law. 

You agree not to use the Sites or the Service for any of the following expressly prohibited purposes:

  • Posting, communicating or transmitting any material that misappropriates, infringes or violates any intellectual property, publicity or privacy right of another person or entity;

  • Posting any information which is untrue, inaccurate or not your own;

  • Posting or transmitting to any Site any unlawful, libelous, obscene, threatening, defamatory, pornographic, or profane material, or any other content that could give rise to any civil or criminal liability under the law;

  • Engaging in conduct that would constitute a criminal offense or give rise to civil liability or otherwise violate any law or regulation;

  • Deleting any copyright or other proprietary rights notices from the Sites; or

  • Attempting to disable, remove, or interfere in any way with the Service’s or BetterFi’s network security or attempting to use the Service to gain unauthorized access to any other computer system.

You also represent and warrant, with regards to your use of the Sites and Service, that you are not located in a country under, sanctions by the Office of Foreign Assets Control (OFAC). Information regarding which countries are under sanctions may be obtained on the U.S. Department of the Treasury website.

2. Changes or Termination. We may add to or terminate all, or any part(s), of the Service or amend these Terms at any time, in our sole discretion, without providing notice to you, subject to applicable law. We reserve the right, subject to applicable law, to deliver to you any notice of changes to existing terms or the addition of new terms by posting an updated version of these Terms on the Sites or delivering notice thereof to you electronically. You are free to decide whether or not to accept a revised version of these Terms, but accepting these Terms, as revised, is required for you to continue accessing or using the Sites or Service. If you do not agree to these Terms or any revised version of these Terms, your sole recourse is to terminate your access or use of the Sites or Service. Except as otherwise expressly stated by us, your access and use of the Sites or Service are subject to, and constitute your acceptance of, the version of these Terms in effect at the time of your access or use.

3. Privacy Policy. BetterFi respects your privacy and permits you to control the treatment of your personal information. A complete statement of BetterFi's current Privacy Policy. BetterFi's Privacy Policy is expressly incorporated into this Agreement by reference.

When you open an account to use or access certain portions of the Sites or the Service, you must provide complete and accurate information as requested on the registration form. You will also be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use a third party's account, user name or password at any time. You agree to notify BetterFi immediately of any unauthorized use of your account, user name or password. BetterFi shall not be liable for any losses you incur as a result of someone else's use of your account or password, either with or without your knowledge. You may be held liable for any losses incurred by BetterFi, our affiliates, officers, directors, employees, consultants, agents and representatives due to someone else's use of your account or password.

In connection with the use of certain BetterFi products or services, you may be asked to provide personal information in a questionnaire, application, form or similar document or service. This information will be protected pursuant to our Privacy Policy. In addition, you grant BetterFi a worldwide, royalty-free, nonexclusive, and fully sublicensable license to use, distribute, reproduce, modify, publish and translate this personal information solely for the purpose of enabling your use of the applicable service. You may revoke this license and terminate rights held by BetterFi at any time by removing your personal information from the applicable service.

4. Ownership. The Sites are owned and operated by BetterFi All right, title and interest in and to the materials provided on this Sites, including but not limited to information, documents, logos, graphics, sounds and images (the "Materials") are owned either by BetterFi or by our respective third party authors, developers or vendors ("Third Party Providers"). Except as otherwise expressly provided by BetterFi, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way and nothing on these Sites shall be construed to confer any license under any of BetterFi's intellectual property rights, whether by estoppel, implication or otherwise. See the "Legal Contact Information" below if you have any questions about obtaining such licenses. BetterFi does not sell, license, lease or otherwise provide any of the Materials other than those specifically identified as being provided by BetterFi. Any rights not expressly granted herein are reserved by BetterFi. 

5. Limited Permission to Download. BetterFi hereby grants you permission to download, view, copy and print the Materials on any single, stand-alone computer solely for your personal, informational, non-commercial use provided that (i) where provided, the copyright and trademark notices appearing on any Materials not be altered or removed, (ii) the Materials are not used on any other website or in a networked computer environment and (iii) the Materials are not modified in any way, except for authorized editing of downloadable forms for personal use. This permission terminates automatically without notice if you breach any of the terms or conditions of these Terms of Use. On any such termination, you agree to immediately destroy any downloaded or printed Materials. Any unauthorized use of any Materials contained on these Sites or Service may violate copyright laws, trademark laws, laws of privacy and publicity and communications regulations and statutes.

6. Third Party Content and Links. The Sites or Service may contain links or connections to third-party websites or services that are not owned or operated by us. We provide such links and connections for your reference only. We do not control such third-party websites or services and are not responsible for their availability or content. Our inclusion of such links and connections does not imply our endorsement of such third-party websites or services or any association with their owners or operators. We assume no liability whatsoever for any such third-party websites or services or any content, features, products, or practices of such third-party websites or services. If you choose to access any such third-party websites or services, you do so at your own risk.

You may not link to our Sites without our express written permission. If you wish to link to our Sites, please contact us using the contact and notification information in these Terms. 

7. DISPUTE RESOLUTION BY THIRD PARTY ARBITRATION

Please read this carefully. It affects your rights.

Summary: 

Most customer concerns can be resolved quickly and to the customer's satisfaction by emailing hello@betterfi.co. In the unlikely event that the BetterFi team at hello@betterfi.co is unable to resolve your complaint to your satisfaction (or if BetterFi has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or in small claims court rather than in a court of general jurisdiction. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than a court does, and is subject to very limited review by courts. Any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted. In arbitration you may recover attorney's fees from BetterFi to the same extent or more as you would in court. The arbitrator shall apply the same limitations period that would apply in court.

You may speak with independent counsel before using this Site or completing any purchase.  

Arbitration Agreement: 

(a) BetterFi and you agree to arbitrate all disputes and claims between us before a single arbitrator. The types of disputes and claims we agree to arbitrate are intended to be broadly interpreted. It applies, without limitation, to:

  • claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory;

  • claims that arose before these or any prior Terms (including, but not limited to, claims relating to advertising);

  • claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and

  • claims that may arise after the termination of these Terms.

For the purposes of this Arbitration Agreement, references to "BetterFi," "you," and "us" include our respective subsidiaries, affiliates, agents, employees, employers, business partners, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or products under these Terms or any prior agreements between us. Beneficiaries include, but are not limited to, those named in an estate planning document. 

Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration agreement does not preclude your 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. You agree that, by entering into these Terms, you and BetterFi are each waiving the right to a trial by jury or to participate in a class action. These Terms evidence a transaction or website use in interstate commerce, and thus the Federal Arbitration Act (“FAA”) governs the interpretation and enforcement of this provision. This arbitration provision will survive termination of these Terms. 

(b) A party who intends to seek arbitration must first send, by U.S. certified mail, a written Notice of Dispute ("Notice") to the other party. A Notice to BetterFi should be addressed to: Notice of Dispute, BetterFi, PO Box 27, Coalmont, TN 37313 (the "Notice Address"). The Notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought ("Demand"). If BetterFi and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or BetterFi may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by BetterFi or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or BetterFi is entitled. 

You may download or copy a form to initiate arbitration from the American Arbitration Association ("the AAA") website at https://www.adr.org.

(c) The arbitration will be governed by the Consumer Arbitration Rules (the "AAA Rules") of the American Arbitration Association for all claims, and will be administered by the AAA. The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitrator is bound by these Terms.  All issues are for the arbitrator to decide, except that issues relating to the scope, enforceability, and interpretation of the arbitration provision and the scope, enforceability, and interpretation of paragraph (f) are for the court to decide. Unless BetterFi and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your contact address. If your claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, by a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If you choose to proceed either in person or by telephone, we may choose to respond only by telephone or submission. If your claim exceeds $10,000, the AAA Rules will determine whether you have a right to a hearing. The parties agree that in any arbitration of a dispute or claim, neither party will rely for preclusive effect on any award or finding of fact or conclusion of law made in any other arbitration of any dispute or claim to which BetterFi was a party. Except as otherwise provided for herein, BetterFi will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse BetterFi for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules.

(d) The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. YOU AND BetterFi AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITIES AND NOT AS PLAINTIFFS OR CLASS MEMBERS IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR IN THE CAPACITY OF A PRIVATE ATTORNEY GENERAL. Further, unless both you and BetterFi agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award any relief that a court could award that is individualized to the claimant and would not affect other customers.  Neither you nor we may seek non-individualized relief that would affect other customers. If a court decides that applicable law precludes enforcement of any of this paragraph's limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.

(g) If the amount in dispute exceeds $75,000 or either party seeks any form of injunctive relief, either party may appeal the award to a three-arbitrator panel administered by AAA by a written notice of appeal within thirty (30) days from the date of entry of the written arbitration award. An award of injunctive relief shall be stayed during any such appeal. The members of the three-arbitrator panel will be selected according to AAA rules. The three-arbitrator panel will issue its decision within one hundred and twenty (120) days of the date of the appealing party's notice of appeal. The decision of the three-arbitrator panel shall be final and binding, subject to any right of judicial review that exists under the FAA.

(h) Notwithstanding any provision in the applicable Terms to the contrary, we agree that if we make any future change to this arbitration provision (other than a change to any notice address, website link or telephone number provided herein), that change will not apply to any dispute of which we had written notice on the effective date of the change. Moreover, if we seek to terminate this arbitration provision, any such termination will not be effective until at least thirty (30) days after written notice of such termination is provided to you, and shall not be effective as to disputes which arose prior to the date of termination.

8. Additional Terms. Some BetterFi services may be subject to additional posted guidelines, rules or terms of service ("Additional Terms") and your use of such services will be conditioned on your agreement to the Additional Terms. If there is any conflict between these Terms of Use and the Additional Terms, the Additional Terms will control for that service, unless the Additional Terms expressly state that these Terms of Use will control.

9. Reviews, Comments, Communications, and Other Content. At various locations on the Sites or Service, BetterFi may permit visitors to post ratings, reviews, comments, questions, answers, and other content (the "User Content"). Contributions to, access to and use of the User Content is subject to this paragraph and the other terms and conditions of these Terms of Use.

Rights and Responsibilities of BetterFi.

BetterFi is not the publisher or author of the User Content. BetterFi takes no responsibility and assumes no liability for any content posted by you or any third party.

Although we cannot make an absolute guarantee of system security, BetterFi takes reasonable steps to maintain security. If you have reason to believe system security has been breached, contact us by email for help.

If BetterFi's technical staff finds that files or processes belonging to a member pose a threat to the proper technical operation of the system or to the security of other members, BetterFi reserves the right to delete those files or to stop those processes. If the BetterFi technical staff suspects a user name is being used by someone who is not authorized by the proper user, BetterFi may temporarily disable that user's access in order to preserve system security. In all such cases, BetterFi will contact the member as soon as feasible.

BetterFi has the right (but not the obligation), in our sole and absolute discretion, to edit, redact, remove, re-categorize to a more appropriate location or otherwise change any User Content.

Rights and Responsibilities of BetterFi Users or Other Posters of User Content.

You are legally and ethically responsible for any User Content - writings, files, pictures or any other work - that you post or transmit using any BetterFi service that allows interaction or dissemination of information. In posting User Content, you agree that you will not submit any content:

  • that is known by you to be false, inaccurate or misleading;

  • that infringes anyone’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy. Please see Compliance with Intellectual Property Laws below;

  • that violates any law, statute, ordinance, or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination, or false advertising). Please see Compliance with Export Restrictions below;

  • that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing, or advocates or encourages illegal conduct harmful to any individual, partnership or corporation. Please see Inappropriate Content below;

  • that includes advertisements, spam, or content for which you were compensated or granted any consideration by any third party;

  • that includes information that references other websites, addresses, email addresses, phone numbers, or other contact information;

  • that contains any computer virus, worms, or other potentially damaging computer programs or files;

  • that otherwise violates these Terms of Use.

Under United States federal law, you retain copyright on all works you create and post as User Content, unless you choose specifically to renounce it. In posting a work as User Content, you authorize other members who have access to that service to make personal and customary use of the work, including creating links or reposting, but not otherwise to reproduce or disseminate it unless you give permission for such dissemination.

You grant BetterFi a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from, sell, distribute, and/or incorporate such content into any form, medium, or technology throughout the world without compensation to you. You have the right to remove any of your works from User Content at any time.

By submitting your email address in connection with your rating and review, you agree that BetterFi may use your email address to contact you about the status of your review and other administrative purposes

10. Our Monitoring. We reserve the right, but not the obligation, to monitor the Service electronically. We may access, use, preserve, transfer or disclose, at any time and without notice to you, any information concerning your or others’ use of the Service (including Personal Information as defined in our Privacy Policy) as reasonably necessary to: (1) comply with applicable laws, regulations, or legal process; (2) respond to any governmental request or cooperate with law enforcement, if we believe such action is required or permitted by law; (3) enforce these Terms, including to investigate potential violations; (4) protect the safety, integrity, rights, or security of our members, our Service or equipment, or any third party; or (5) detect, prevent, or otherwise address fraud, security, or technical issues.

11. NO WARRANTY. THE SITE, SERVICE, AND ALL MATERIALS, OR DOCUMENTS PROVIDED ON OR THROUGH YOUR USE OF THE SITE OR SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, BETTERFI EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

BETTERFI MAKES NO WARRANTY THAT: (A) THE SITE, SERVICE, OR THE MATERIALS WILL MEET YOUR REQUIREMENTS; (B) THE SITE, SERVICE, OR THE MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, SERVICE, OR ANY MATERIALS OFFERED THROUGH THE SITE OR SERVICE, WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE, SERVICE, OR IN RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS.

 OBTAINING ANY MATERIALS THROUGH THE USE OF THE SITE OR SERVICE IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. BETTERFI SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE. 

12. LIMITATION OF LIABILITY AND INDEMNIFICATION. EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD BETTERFI AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS' FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF BETTERFI HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF BETTERFI, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

13. Unsolicited Submissions. Except as may be required in connection with your use of BetterFi Service, BetterFi does not want you to submit confidential or proprietary information to us through this Site or Service. All comments, feedback, information or material submitted to BetterFi through or in association with this Site shall be considered non-confidential and BetterFi's property. By providing such submissions to BetterFi you hereby assign to BetterFi, at no charge, all worldwide right, title and interest in and to the submissions and any intellectual property rights associated therewith. BetterFi shall be free to use and/or disseminate such submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the submissions that you provide, including their legality, reliability, appropriateness, originality and content.

14. Compliance with Intellectual Property Laws. When accessing BetterFi, you agree to obey the law and you agree to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright, trademark and other intellectual property ownership. You agree not to upload, download, display, perform, transmit or otherwise distribute any information or content in violation of any third party's copyrights, trademarks or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit or that is provided or transmitted using your BetterFi user account.

BetterFi has adopted a policy that provides for the immediate removal of any content, article or materials that have infringed on the rights of BetterFi or of a third party or that violate intellectual property rights generally. BetterFi's policy is to remove such infringing content or materials and investigate such allegations immediately.

Copyright Infringement:

Notice. BetterFi has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service. The Company has adopted a policy that provides for the immediate suspension and/or termination of any Site or Service user who is found to have infringed the rights of the Company or of a third party, or otherwise violated any intellectual laws or regulations. The Company's policy is to act expeditiously upon receipt of proper notification of claimed copyright infringement to remove or disable access to the allegedly infringing content. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want the Company to delete, edit, or disable the material in question, you must provide the Company with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; (4) Information reasonably sufficient to permit the Company to contact you, such as an address, telephone number, and, if available, email address; (5) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The above-written information must be sent to our registered Copyright Agent:

BetterFi
PO Box 27
Coalmont, TN 37313

Counter-Notice. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your Content, you may send a written counter-notice containing the following information to the Copyright Agent: (1) Your physical or electronic signature; (2) Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled; (3) A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and (4) Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in Austin, Texas, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the Copyright Agent, the Company may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at the Company's sole discretion.

15. Inappropriate Content. When accessing the Site or Service, you agree not to upload, download, display, perform, transmit or otherwise distribute any content that: (i) is libelous, defamatory, obscene, pornographic, abusive or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. BetterFi reserves the right to terminate or delete such material from its servers. BetterFi will cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.

16. Compliance with Export Restrictions. You may not access, download, use or export the Site, Service, or the Materials in violation of United States export laws or regulations or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority and to assume sole responsibility for obtaining licenses to export or re-export as may be required. You acknowledge and agree that the Materials are subject to the United States Export Administration Laws and Regulations and agree that none of the Materials or any direct product therefrom is being or will be acquired for, shipped, transferred or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals or used for any prohibited purpose. 

17. Personal Use. The site is made available for your personal use on your own behalf.

18. Children. Minors are not eligible to use the Site or Service and we ask that they do not submit any personal information to us.

19. Non-English-Speaking Customers. Certain materials on the BetterFi site, including but not limited to questionnaires, documents, instructions, and filings, are only available in English.  Non-English translations of these Terms, as well as other terms, conditions, and policies, are provided for convenience only. In the event of any ambiguity or conflict between translations, the English version is authoritative and controls.

20. Copyrights. All Site design, text, graphics, the selection and arrangement thereof, Copyright ©, BetterFi.com, Inc. ALL RIGHTS RESERVED.

21. Trademarks. BetterFi, all images and text, and all page headers, custom graphics and button icons are service marks, trademarks and/or trade dress of BetterFi. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.

22. Inquiries. BY USING BETTERFI’S SERVICES OR ACCESSING THE BETTERFI SITE OR SERVICE, YOU ACKNOWLEDGE AND ACCEPT THAT SUBMITTING YOUR TELEPHONE NUMBER TO BETTERFI VIA THE BETTERFI SITE OR SERVICE CONSTITUTES AN INQUIRY TO BETTERFI, AND THAT BETTERFI MAY CONTACT YOU AT THE NUMBER SUBMITTED EVEN IF SUCH NUMBER APPEARS ON ANY STATE OR FEDERAL DO NOT CALL LISTS (TAKING INTO ACCOUNT INQUIRY EXCEPTION TIME FRAMES AS APPROPRIATE). 

23. Right to Refuse. You acknowledge that BetterFi reserves the right to refuse service to anyone and to cancel user access at any time. 

24. Acknowledgement. BY USING BETTERFI’S SERVICES OR ACCESSING THE BETTERFI SITE OR SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM. BETTERFI is located at 9933 TN-56, Coalmont, TN 37313.