Betr Rips Terms and Conditions
Effective Date: November 12, 2026
PLEASE READ THESE BETR RIPS TERMS AND CONDITIONS CAREFULLY BEFORE USING OR CONTINUING TO USE THE SERVICES OF BETR RIPS, LLC (“BETR”, “COMPANY”, “WE”, “US”, OR “OUR”). THIS DOCUMENT IS A LEGAL CONTRACT AND SHALL AFFECT YOUR RIGHTS AND OBLIGATIONS.
IMPORTANT NOTICES:
BETR RIPS OFFERS DIGITAL PACKS BACKED BY PHYSICAL COLLECTIBLE TRADING CARDS. PACK CONTENTS AND CARD VALUES VARY. PLEASE REVIEW THE APPLICABLE PACK DISCLOSURES BEFORE PURCHASING. A CARD’S VALUE MAY BE LESS THAN THE PRICE PAID FOR THE PACK.
THESE TERMS AND CONDITIONS INCLUDE AN ARBITRATION AND CLASS ACTION WAIVER AGREEMENT WHICH REQUIRES THAT ANY PAST, PENDING, OR FUTURE DISPUTES BETWEEN YOU AND US SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS ONLY AND FOR YOUR OWN LOSSES ONLY. YOU MAY NOT PROCEED AS A CLASS REPRESENTATIVE, MEMBER OR PART OF ANY PROPOSED CLASS, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL SUIT, QUI TAM ACTION OR ANY REPRESENTATIVE PROCEEDING, OR OTHERWISE SEEK TO RECOVER ON BEHALF OF OTHERS OR FOR THE BENEFIT OF OTHERS IN ANY TYPE OF CLAIM OR ACTION. ARBITRATION MEANS YOU WILL NOT BE ABLE TO SEEK CLAIMS OR DAMAGES IN COURT OR PRESENT YOUR CASE TO A JURY, UNLESS OTHERWISE PERMITTED BY THESE TERMS AND CONDITIONS.
OPT-OUT. IF YOU HAVE NOT PREVIOUSLY AGREED TO AN ARBITRATION PROVISION WITH US IN CONNECTION WITH YOUR USE OF OUR SERVICES, YOU MAY OPT OUT OF THE ARBITRATION AGREEMENT WITHIN THIRTY (30) DAYS OF ACCEPTING THESE TERMS BY FOLLOWING THE INSTRUCTIONS PROVIDED IN THE “BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER” – SEE SECTION 26 OF THESE TERMS, BELOW. OPT‑OUT REQUESTS SENT AFTER THE THIRTY (30) DAY PERIOD SHALL BE NULL AND VOID. EVEN IF YOU OPT OUT OF THE ARBITRATION AGREEMENT IN SECTION 26, ALL OTHER REMAINING SECTIONS OF THESE TERMS APPLY.
PLEASE READ THE FOLLOWING TERMS (AS DEFINED IN SECTION 1) CAREFULLY BEFORE USING THE SERVICES OFFERED IN CONNECTION WITH ANY BETR SERVICES, WEBSITE, OR APPLICATION. YOU AGREE THAT YOUR CONTINUED USE OR ACCESS OF THE PLATFORM OR SERVICES SHALL BE SUBJECT TO THE TERMS.
IT IS AN EXPRESS CONDITION OF THIS AGREEMENT THAT ANY CLAIMS YOU MAY HAVE AGAINST THE BETR PARTIES ARISING FROM ANY PAST, PRESENT OR FUTURE USE OF TRACKING SOFTWARE, INCLUDING BUT NOT LIMITED TO USE OF A META PIXEL, “COOKIES,” “GET REQUESTS” OR JAVASCRIPT IN HTML CODE OF THE COMPANY’S WEBSITE THAT INTERCEPTS, TRACKS, STORES, AND ANALYZES YOUR INTERACTIONS WITH THE COMPANY’S WEBSITE FOR PURPOSES OF OBTAINING DATA OR TARGETED ADVERTISEMENT ARE HEREBY FULLY WAIVED, RELEASED AND COMPROMISED. BETR SHALL HAVE NO LIABILITY TO YOU FOR ANY PAST, PRESENT OR FUTURE CLAIMS ARISING OUT OF OR RELATED TO THE USE OF TRACKING TECHNOLOGY.
Notice for California Users Under Civil Code Section 1789.3. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N – 112, Sacramento, CA 95834, or by telephone at 1(800) 952 – 5210.
These Betr Rips Terms and Conditions also include information about future changes hereto (Section 4), indemnity obligations to us (Section 22), the warranties we disclaim (Section 23), and the limitations of our liability (Section 24).
If you have any questions, or you would like to establish parental controls to exclude minors from access to the Services, please contact us at support@betr.app.
1. Overview
A. These Betr Rips Terms and Conditions, the Arbitration Agreement (see Section 26), the Class Action Waiver (see Section 26), our pack-specific disclosures and rules made available on the Platforms (collectively, the “Pack Rules”), and any of our other terms specific to the Services (as defined in Section 2) (collectively, these “Terms”), form a legally binding agreement that governs any access to and use of the Services. Betr may issue additional terms, rules, and conditions for particular Packs or promotions, which you should consult to understand their parameters. These Terms and Conditions incorporate the Pack Rules and any other terms specific to the Services that incorporate these Terms and Conditions (“Incorporated Policies”). Before entering any promotion, special offer, or loyalty program, please check its official rules, as they may differ or change over time. The terms and exceptions in these Terms specific to a certain territory, jurisdiction, or state within the United States of America (each state, a “State”) apply if you access the Services while located in the identified State.
B. Access to and use of the Services is also governed by our Privacy Policy, linked here or available by written request to us (the “Privacy Policy”). Please read the Privacy Policy carefully before using our Services.
C. In the event of any direct conflict between the Terms and Conditions and the Incorporated Policies, the Terms and Conditions shall control.
D. If you have any questions about these Terms, or you would like to establish parental controls to exclude minors from access to the Services, please contact Customer Support at support@betr.app.
2. Who We Are
A. Betr owns and operates betr.app and any other sites where these Terms are posted (collectively, the “Sites”) and the Betr mobile, tablet, and other applications (collectively, “Apps” and together with the Sites, the “Platforms”). The “Service(s)” that Betr is providing pursuant to these Terms are: (i) the purchase, opening, holding, sale-back, and shipment of digital packs backed by physical collectible trading cards offered through “Betr Rips” (each, a “Pack”), and the physical trading cards allocated through those Packs (each, a “Card”); (ii) the portions of the Platforms offering Betr Rips, including the digital inventory through which you view and manage your Cards (the “Vault”); and (iii) the Content (as defined in Section 19) associated with Betr Rips. These Terms govern Betr Rips only. Other Betr products are governed by their respective terms, even where they are accessible through the same App or share a wallet.
B. For the purposes hereof:
i. “Party” refers to Betr or Player;
ii. “Parties” refers to Betr and Player;
iii. “Player”, “you”, or “your” means you, the purchaser or holder of a Pack or Card or other end user accessing or using the Services.
C. Player’s access to or use of the Services may be illegal in some countries or some States. It is the responsibility of the Player to determine whether access to or use of the Services is compliant with the laws of the jurisdiction to which the Player is subject. Betr only offers Pack purchases in certain jurisdictions (each jurisdiction, an “Eligible Jurisdiction”), and Betr may update the list of Eligible Jurisdictions at any time at its discretion.
D. Federal and state laws may restrict or prohibit access to or use of the Services from certain jurisdictions.
3. Acceptance of These Terms
A. By accessing, submitting information to, or otherwise using the Services (whether or not you sign up as an account holder of the Services), you understand and agree (i) to be, and are, bound by these Terms, and (ii) that we may process your information as set forth in our Privacy Policy.
B. By using these Services, you affirm that (i) you are at least eighteen (18) years of age, or the minimum age of majority where you are located at the time of accessing the Services, whichever is greater; and (ii) you are not prohibited or restricted from using the Services, including by any applicable law, rule, or regulation (and you acknowledge that we make no representations or warranties, implicit or explicit, as to your legal right to use the Services).
C. IF YOU DO NOT AGREE TO THESE TERMS OR THE PRIVACY POLICY, YOU MAY NOT AND SHALL NOT ACCESS OR USE THE SERVICES.
D. We recommend that you print and save these Terms for your future reference. We also suggest that you print and store all transaction receipts and Pack Rules as applicable to your use of the Services.
4. Amending the Terms and Changing of the Services
A. We reserve the right to modify, amend, or change these Terms at any time and in our sole discretion. When we make a change to these Terms, we will update the “Effective Date” (located at the beginning of these Terms), and any such modifications or changes shall be reflected in the Terms on the Sites. To the extent there are material changes to the Terms, we may present the same to you on login for further review and acceptance. Your continued use of the Services shall be subject to your acceptance.
B. Please regularly review these Terms to remain aware of any changes that may impact you, as each change we make to these Terms will take effect immediately and apply to all access to and use of the Services that occurs when and after we post such changed Terms on the Platforms. Your continued use of the Services following our posting of revised Terms constitutes your acceptance of any changes we may make.
C. We may, in our sole and absolute discretion, modify, suspend, or discontinue any part of the Services (including any or all Packs we offer), or restrict, suspend, or terminate your access to the Services or your User Account, at any time, with or without notice, and with or without the use of any third-party service provider. If we cancel or terminate a promotion, advertised promotional benefits may, at our sole discretion, be either voided or awarded in any manner we deem fair and appropriate, consistent with applicable laws, regulations, and rules. We reserve the right, in our sole and absolute discretion, to refuse service and access to any potential user in any location of our Services. The treatment of existing Cards and real-money balances upon suspension, termination, or discontinuance is subject to Section 13.I.
5. Pack Rules and Product Mechanics; Limited Revocable License
A. Before purchasing a Pack, review the applicable Pack Rules, which describe the Pack’s category, price, graded or ungraded status, number of Cards, minimum value, maximum potential value (“Max Pull”), applicable odds, and how and when Cards are selected. Categories, prices, availability, and contents vary by Pack. “Max Pull” describes the highest potential Card value disclosed for the Pack and does not guarantee that you will receive a Card of that value. Any disclosed minimum value is measured using the Fair Market Value described in Section 5.E and does not guarantee future resale value. Cards shown in Pack previews illustrate potential contents only; you are not guaranteed to receive any particular pictured Card.
B. A Pack is a digital product backed by physical Card or Cards. Opening, or “ripping,” a Pack through the Services reveals the Card or Cards allocated to that Pack. You do not select the specific Cards you receive, and past pulls do not guarantee future results. Packs marked “Restocking” or “Sold out” are unavailable for purchase. Each use of a “Rip Again” or similar repeat-purchase feature constitutes a separate purchase, subject to the price and Pack Rules displayed for that transaction. If you purchase a Pack but do not open it, the Card or Cards allocated to that Pack will be automatically revealed and placed in your Vault.
C. Card Grading and Ownership. Packs are identified as containing either PSA-graded or ungraded Cards. Ungraded Cards are not guaranteed to receive any particular PSA grade if submitted for grading.
Your ownership of a Card is separate from the License to access the Services described in Section 5.I. Ownership does not transfer any intellectual property rights in the Card’s artwork, name, or other Content. Card dispositions through the Services are limited to the sale-back and shipment options described in these Terms. You may not sell or assign your User Account to another person. Any attempt to do so violates these Terms and will result in closure of your User Account.
D. Vault Storage. The Vault displays your Cards while the backing physical Cards remain in custody pending sale-back or shipment. The holding period for each revealed Card begins when the Card is revealed and continues for the period disclosed on the Platforms (the “Vault Period”). A countdown timer in the Vault displays the time remaining to request shipment. Before the Vault Period expires, you may accept an available sale-back offer or request shipment of your Card. If you do neither, the Card will automatically be sold back to Betr under Section 5.E. Cards remaining in your Vault are also subject to automatic sale-back upon suspension or termination of your User Account by Betr under Section 13.I, even if the Vault Period has not expired. Changes to the Vault Period apply prospectively and will not shorten the period already applicable to a Card in your Vault.
E. Fair Market Value and Sale-Back. Upon reveal, the Services display the Card and its “Fair Market Value” or “FMV,” which is fixed at the time of reveal and will not change for purposes of these Terms. FMV is the reference value used for sale-back offers and Vault valuation; it is not a guarantee of a price obtainable from an outside buyer or of future value. Card values may rise or fall, and the aggregate Vault value is not itself a cash balance. You may voluntarily accept an available sale-back offer before the Vault Period expires. If you have not requested shipment or completed a sale-back before the Vault Period expires, or if Betr suspends or terminates your User Account under Section 13.I, you authorize Betr to automatically purchase the Cards remaining in your Vault at 100% of the applicable FMV, without further action or approval from you. Upon completion of any voluntary or automatic sale-back, ownership of the Card transfers to Betr, the Card is removed from your Vault, and the proceeds are credited to your real-money wallet. A Card sold back to Betr is no longer available for shipment.
F. Shipment and Fulfillment. To retain your physical Card, you must submit a shipment request before the Vault Period expires and before any automatic sale-back under Section 13.I by providing a complete and accurate delivery address, selecting an available delivery option, and confirming the request through the Services. All applicable shipping charges, processing fees, and taxes will be disclosed before you confirm your request. Shipment is subject to the verification requirements in Section 8.
G. RISK OF LOSS; CARRIER RESPONSIBILITY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, RISK OF LOSS, THEFT, DAMAGE, OR DESTRUCTION OF A CARD TRANSFERS TO YOU WHEN BETR OR ITS FULFILLMENT PROVIDER TENDERS THE CARD TO THE SHIPPING CARRIER FOR DELIVERY TO THE ADDRESS YOU PROVIDED. NEITHER BETR NOR ITS FULFILLMENT PROVIDERS SHALL BE LIABLE FOR ANY LOSS, THEFT, DAMAGE, DESTRUCTION, DELAY, MISDELIVERY, OR FAILURE OF DELIVERY OCCURRING AFTER THAT HANDOFF AND ARISING FROM THE ACTS OR OMISSIONS OF A CARRIER OR ANOTHER CIRCUMSTANCE OUTSIDE THEIR REASONABLE CONTROL. NO SUCH EVENT ENTITLES YOU TO A REFUND, REPLACEMENT CARD, REVERSAL OF THE PACK PURCHASE, REIMBURSEMENT OF SHIPPING CHARGES OR TAXES, OR PAYMENT OF THE CARD’S FMV FROM BETR OR ITS FULFILLMENT PROVIDERS, EXCEPT FOR INSURANCE OR CARRIER PROCEEDS EXPRESSLY PAYABLE UNDER SECTION 5.H OR AS REQUIRED BY APPLICABLE LAW. YOU ARE SOLELY RESPONSIBLE FOR PROVIDING A COMPLETE AND ACCURATE DELIVERY ADDRESS AND ARRANGING FOR SECURE RECEIPT. A CARRIER’S DELIVERY CONFIRMATION CONSTITUTES PRESUMPTIVE EVIDENCE OF DELIVERY. DELIVERY DATES ARE ESTIMATES AND ARE NOT GUARANTEED. NOTHING IN THIS SECTION EXCLUDES LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED.
H. Shipping Claims and Insurance. Unless expressly confirmed before you submit your shipment request, no shipping insurance or other shipment protection is promised or guaranteed by Betr. Any insurance or carrier coverage is subject to the applicable provider’s terms, exclusions, deductibles, valuation requirements, coverage limits, and claim deadlines; coverage and recovery may be less than the Card’s FMV and are not guaranteed. You must promptly report any shipping issue to rips.shipping@betr.app, retain any Card and packaging you receive, and provide photographs and other information reasonably requested to investigate or pursue a claim. Failure to cooperate or preserve required evidence may prevent recovery. You are responsible for pursuing any claim you are eligible to submit directly. If only the shipper may submit a claim, Betr will reasonably cooperate in submitting it or coordinating its submission through the applicable fulfillment provider, subject to your timely cooperation. Such assistance does not constitute an admission or assumption of liability. Betr is not required to advance funds, replace a Card, commence litigation, or pay any amount denied or unpaid by a carrier or insurer. Any proceeds Betr actually receives specifically attributable to your Card will be remitted to you, without duplicate recovery. Except as required by applicable law, Betr has no obligation to supplement those proceeds or cover any deductible, coverage shortfall, or uninsured loss. Nothing in this Section excludes liability that cannot lawfully be excluded.
I. Limited Revocable License. Subject to your agreement and continuing compliance with these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services solely for your personal, private entertainment and collection purposes on the Platforms (the “License”). If you do not agree to or comply with these Terms, your License may be immediately terminated. The License governs access to the Services and does not reduce your ownership rights in physical Cards described in Section 5.C.
6. Account Conditions
A. You must register a user account (a “User Account”) to use the Services. In order to register for a User Account and use the Services, you agree, represent, and warrant that:
i. Your use of the Services is at your sole risk;
ii. You shall provide accurate registration information and inform us of any changes to such details in order to keep such information accurate, current, and complete;
iii. You are opening a non-transferable account solely for your personal use for recreational and entertainment purposes only, and are not acting as a principal or agent on behalf of a third party;
iv. You will not allow any other person to access or use your User Account;
v. You will not attempt to sell or otherwise transfer the benefit of your User Account to any third party, nor will you acquire or attempt to acquire a User Account which has been opened in the name of a third party;
vi. You will not be involved in any activity that violates these Terms or fraudulent or other unlawful activity in relation to Your use of the Services, and You will not use any software-assisted methods or techniques (including but not limited to “bots” designed to transact automatically) for Your use of the Services. We reserve the right to invalidate affected transactions, suspend or terminate your User Account, withhold promotional benefits, and/or take any other actions we deem appropriate in our sole discretion in the event of such behavior, subject to Section 13.I;
vii. You are legally capable of entering into binding contracts, including these Terms, and have read and shall abide by all of these Terms;
viii. You are not prohibited for any reason from using the Services;
ix. You are not subject to backup withholding tax because: (a) you are exempt from backup withholding, (b) you have not been notified by the Internal Revenue Service (IRS) that you are subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified you that you are no longer subject to backup withholding. You will immediately notify us if you become subject to backup withholding at any time;
x. To use the Services, you must be a legal resident in the United States of America and physically located in a jurisdiction where participation in the Services is legal and not prohibited or restricted by law;
xi. You must be physically located in an Eligible Jurisdiction at the time you purchase a Pack;
xii. The availability of the Services outside of an Eligible Jurisdiction does not constitute an offer, solicitation, or invitation by us for you to use the Services outside of an Eligible Jurisdiction;
xiii. Betr will monitor and record transaction communications and geographic location information associated with your User Account;
xiv. We cannot provide you with legal advice with respect to the legality of your use of the Services;
xv. We are not liable for any violation of any local, State, federal, or other law that may occur as a result of your use of the Services;
xvi. You will use the Services and all User-Generated Content (as defined in Section 20) in accordance with all applicable State and federal laws, as well as in accordance with these Terms;
xvii. If, in the reasonable opinion of Betr, we form the view that a Player is abusing any promotion, to derive any advantage or gain for themselves or another Player, including by way of fraudulent conduct, we may, at our sole discretion, withhold, deny or cancel any advantage, bonus or promotional prize as we see fit, or terminate or suspend the User Account of such Player; and
xviii. You will not directly or indirectly participate in groups or take advantage of, or encourage others to participate in or take advantage of schemes, organizations, agreements, or groups designed to share: (a) hacks or money-making strategies; (b) special offers or packages emailed to a specific set of players and redeemable by URL; or (c) identification documents (including, but not limited to, photographs, bills and lease documents) for the purpose of misleading Betr as to a Player’s identity.
B. In addition to the agreements, representations, and warranties in Section 6.A, to register a User Account, you must also:
i. Provide all requested personal information, including your full legal name, date of birth, social security number, primary address, email address, and phone number;
ii. Certify that the information you provided is current, complete, and accurate;
iii. Not be a Prohibited Person (as defined in Section 7); and
iv. Complete our identity-verification process.
C. If we otherwise determine that you do not meet the eligibility requirements of this Section 6, or any other eligibility requirements which we may impose at our sole discretion, then in addition to any rights that we may have in law or equity, we reserve the right to terminate or suspend your User Account and withhold, rescind, or revoke promotional benefits associated with your User Account, subject to Section 13.I. We reserve the right to refuse to register you as a User Account holder, either with or without cause.
7. Prohibited Persons
The following persons (each, a “Prohibited Person”) are prohibited from opening a User Account or using the Services:
A. Certain directors, officers, and employees of Betr or our affiliated companies, as well as immediate family members and household members of these directors, officers, and employees. For the purposes of these Terms, immediate family members are spouses, domestic partners, parents, grandparents, in-laws, children (including stepchildren), and siblings;
B. Any person prohibited from opening a User Account or using the Services under applicable State or federal laws;
C. Any person who has self-excluded pursuant to our self-exclusion option (discussed in Section 13.F, below);
D. Any other person who may undermine the integrity of the Services, or any person who Betr, in our sole and absolute discretion, deems ineligible. For example, Betr may determine the following persons are ineligible, without limitation: (i) persons restricted in their contractual capabilities; (ii) persons under legal supervision; (iii) persons diagnosed with problematic gaming or compulsive behavior, or who are undergoing, or have undergone, treatment for problematic gaming or compulsive behavior; or (iv) persons who may have access to privileged, non-public information regarding Card allocation, Pack contents, or valuations.
No Prohibited Person may purchase or open Packs through the User Account of another person as a proxy.
8. Account Verification
A. Betr reserves the right, at any time, to verify your information as a condition for opening and maintaining a User Account.
B. In doing so, we may use third-party verification services and databases (collectively “Verification Services”). By providing your information to us, you expressly authorize us to share your information with the Verification Services for the purposes of establishing your identity, age, and location. Moreover, you authorize your wireless carrier to use or disclose information about your User Account and your wireless device, if available, to Betr or our service providers for the duration of your business relationship, solely to help Betr and our service providers identify you or your wireless device and to prevent fraud. Please refer to our Privacy Policy for information on how we treat your data.
C. You agree to provide accurate information to us and the Verification Services upon request and to continually update any changes to that information. We reserve the right to reject your application for a User Account, or if one has already been established for you, block access, suspend, or cancel your User Account temporarily or permanently, for any reason, including if we are unable to verify your identity, age, or location, or have reason to believe that you do not fulfill one or more of the eligibility requirements.
D. We reserve the right to conduct a security review at any time to validate your identity, age, location, and the registration data provided by you, and the right to verify your use of the Services, including your compliance with these Terms, and your financial transactions carried out via the Services for potential breach of these Terms and of applicable law. To conduct such review(s), you authorize us and our agents to (i) make any inquiries of you and (ii) use and disclose to any third party the information that you provide to us in accordance with these Terms to validate such information, including by obtaining a credit report or otherwise verifying such information against third-party databases. In addition, to facilitate these review(s), you agree to provide such information or documentation as we, in our sole and absolute discretion, may request.
9. User Account
A. You may have only one (1) active and continuously used User Account, and you must register with your own personal details. You will receive notice of the establishment of a User Account via electronic mail or regular mail. Your User Account is unique to you, non-transferable, and is for your personal use only. It shall be a violation of these Terms to allow any other person to access or use your User Account. Each User Account may only be owned, maintained, used, and controlled by one individual. For the avoidance of doubt, Players may not “co-own” User Accounts.
B. If we discover that you have opened more than one User Account, then you acknowledge and agree that, in addition to any other rights we may have in law or equity, we reserve the right to suspend and terminate your User Account(s), withhold any promotional benefits, and/or take any other actions we deem appropriate in our sole discretion, subject to Section 13.I.
C. It is your responsibility to maintain your User Account, keep the personal data provided therein current, and inform us promptly of any changes to your personal data.
D. It is your responsibility to protect and maintain the confidentiality and security of your User Account login, password, and devices, including keeping secure and locking your devices to which your User Account is linked. You accept responsibility and liability for all activities, charges, and damages under or occurring on or from your User Account, including purchases, sale-backs, withdrawals, or shipments into or out of your User Account. You agree to inform us immediately by email at support@betr.app if you believe that your User Account, including your login and password, is being misallocated, compromised, or otherwise mishandled so that we may suspend your User Account to prevent further abuse. All actions in or with your User Account are deemed to be made by you, and you agree that any transactions made and accepted in your User Account will be valid even if you have not authorized such transactions. If a third party accesses your User Account, you are solely responsible for that third party’s actions, whether or not that third party’s access was authorized by you. We will not be liable for any loss that you may incur as a result of misuse of usernames or passwords or from any unauthorized use of your User Account, whether fraudulent or otherwise.
E. In opening a User Account, you will not choose a username or alias that is defamatory or offensive, or in any way intended to impersonate a real person or brand or to be used for any nefarious purpose, and you agree that we reserve the right to amend your username or alias in our sole and absolute discretion, regardless of whether we believe you have breached this Section 9.E.
F. You can change your password at any time, provided your password meets the requirements for password strength. If you cannot access your User Account, you can request a new password by contacting our Customer Support Team at support@betr.app. If we reasonably believe that your User Account is compromised or that your password does not provide adequate security, we may require that you change your password.
G. We reserve the right, at our sole discretion, to invalidate affected transactions, deactivate or suspend your User Account, withhold promotional benefits, and/or take any other actions we deem appropriate in our sole discretion where we have reason to believe you have used or are likely to use the Services in coordination with others to circumvent these Terms or manipulate Pack allocation, sale-back offers, or promotions, subject to Section 13.I.
H. In addition to any other actions we are permitted to take pursuant to these Terms, if we reasonably believe you are engaged in illegal or fraudulent activity, or if you conduct or attempt to conduct a Prohibited Activity (as defined in Section 16), or if we are required to do so by a law, regulatory body, or court, we may cancel any affected transactions or close or suspend your User Account and refer the matter to the proper law enforcement or regulatory authority. We may also report such activity to third parties (including Betr’s vendors and partners, payment processors, banks, and credit card companies) and provide any and all of your personal, financial, banking or other information to which we have access.
I. If requested by law enforcement, ordered by a court, regulatory authorities, tax authorities, or other applicable authorities, we may suspend your User Account, deny you access to the Platforms and Services, and withhold any funds until such time as a final determination by the requesting authorities has been rendered, the conclusion of any criminal or other legal proceedings, or upon guidance by our own legal counsel.
J. Your User Account is not insured, guaranteed, sponsored or otherwise protected by any government, deposit, or banking insurance system or by any other similar insurance system.
K. We reserve the right to close Your User Account if it is inactive for a period of sixty (60) days or longer and therefore Dormant under Section 11.D. You agree that We are not required to give notice to You prior to taking such action, although we may choose to do so in our sole discretion, subject to Section 13.I.
10. Participation
A. YOU AGREE THAT YOU ARE RESPONSIBLE FOR YOUR OWN CONDUCT WHILE ACCESSING OR USING THE SERVICES, AND FOR ANY CONSEQUENCES THAT RESULT. YOU AGREE TO USE THE SERVICES ONLY FOR PURPOSES THAT ARE LEGAL, PROPER, AND IN ACCORDANCE WITH THESE TERMS AND ANY APPLICABLE LAWS OR REGULATIONS.
B. Account access and management of existing Cards or balances may be allowed outside of an Eligible Jurisdiction, at Betr’s sole discretion and subject to applicable law. This does not authorize new Pack purchases from an ineligible location.
C. To use the Services, you consent to the collection, storage, monitoring, processing, recording, and transmission of your data, including certain transaction communications and geographic information to establish your physical location, such as your IP address and Wi-Fi signal. The foregoing actions may be done using third-party providers, and you expressly consent to our use of third-party providers, including our sharing of your information with such third parties to confirm your location. If we or our third-party providers cannot track your location for any reason, we reserve the right to prevent you from accessing or using the Services until your location is verified. You agree that we are not liable for your inability to access or use the Services. You further agree to the monitoring and recording of your activity and related communications and physical location by us and the applicable regulatory authorities. You are solely responsible for the acquisition, supply, and maintenance of all of the computer and mobile equipment, telecommunications networks, and Internet access services, and of all other consents and permissions that you need in order to access the Services.
D. By using the Services, you agree that we may, at our sole discretion, disqualify you from any Service, refuse to award or revoke promotional benefits, and require their return, if you engage in a Prohibited Activity or conduct we deem to be a violation of the Terms, improper, unfair, or otherwise detrimental to the Services or other Platform users. Treatment of Cards and real-money balances remains subject to Section 13.I.
E. As a condition of your use of the Services, you hereby grant Betr, and our parents, subsidiaries, affiliates, and partners, a limited, non-exclusive, worldwide, royalty-free, fully sublicensable, transferable, and irrevocable license to display, quote, re-post, use, reproduce, and publish the name, image, likeness, State information, and Card pulls and sale-back amounts, if any, associated with your User Account in any form solely to advertise and promote Betr and the Services, and without any notice or compensation to you of any kind.
11. Purchases
A. Packs are purchased with real money through the wallet made available in your User Account. That wallet may also be shared with other Betr products; a shared wallet does not make these Terms govern those other products. Before completing a purchase, review the price, applicable Pack Rules, and any charges disclosed at checkout. Your confirmation authorizes the disclosed charge. Funding and crediting may not be instantaneous and may depend on the payment method used.
B. You may use any method available and accepted by the Services to fund your wallet or purchase Packs, including banks, debit cards, third-party electronic payment processors and financial institutions (“Third-Party Providers”). By funding your wallet or purchasing Packs, you agree and hereby authorize us to instruct Third-Party Providers to handle the purchases and agree that we may provide such Third-Party Providers with your personal information as needed to complete the transaction. You agree that we are not liable for any acts or omissions of any Third-Party Providers in processing your transaction and you further agree to be bound by the terms and conditions of use of each applicable Third-Party Provider. If there is a conflict or inconsistency between these Terms and the terms and conditions of any Third-Party Provider, these Terms prevail. We are not responsible for any fees charged to you by Third-Party Providers related to your purchases.
C. We reserve the right to credit funds or make purchased Packs available in your User Account only upon actual receipt of the applicable funds by us or our agents. We reserve the right to request additional information from you prior to accepting such funds in order to properly identify the source of the funds, your identity, or for any other reason we deem necessary. We may refuse funds or return funds at any time in our sole discretion if we deem the funds unauthorized.
D. For the purpose of these Terms, “Dormant” means there has been no activity in the Services for a consecutive period of sixty (60) days. Dormancy does not itself cause your real-money balance to expire or become forfeited. Cards remain subject to the Vault Period and automatic sale-back provisions in Section 5 and, if Betr suspends or terminates your User Account, Section 13.I. Any remaining balance is subject to applicable unclaimed-property law.
E. We reserve the right to withhold fulfillment of affected transactions if we reasonably believe that the purchase was unauthorized, misused, or fraudulent. We reserve the right to report all matters of unauthorized, misused, or fraudulent purchases, including Chargebacks (as defined in Section 12), to the appropriate State or federal authorities. We may conduct our own investigation into such matters and may temporarily or permanently close your User Account during such time, subject to Section 13.I.
F. In connection with funding your wallet or making a purchase, you represent and warrant to us that:
i. All purchases are authorized and you will not attempt to reverse a payment made into your User Account or take any action which will cause such a payment to be reversed by a third party in order to avoid any legitimate liability;
ii. All purchases are free from and unconnected to any illegality and, in particular, do not originate from any illegal activity or source; and
iii. All purchases originate from a payment source of which you are the legal owner.
12. Chargebacks and Dishonored Purchases
A. You agree not to dispute, deny, or attempt to reverse any genuine financial transaction associated with funding your wallet or purchasing Packs or make any fraudulent financial transactions with us (collectively, “Chargebacks”).
B. You agree to indemnify and reimburse us for any Chargebacks you make or any purchases that your bank fails to honor, for any reason (each, a “Dishonored Purchase(s)”), and any financial loss suffered by us as a consequence, including damages, fees, expenses, and investigatory costs relating to or arising from such Chargebacks or Dishonored Purchases.
C. If a Chargeback or Dishonored Purchase occurs, you agree that we may provide necessary information about you and the Chargeback or Dishonored Purchase to Third-Party Providers, any regulator, law enforcement, or other necessary third parties in order to investigate or resolve the Chargeback or Dishonored Purchase. In addition to any other rights we have pursuant to these Terms, we reserve the right to temporarily suspend or close your User Account and withhold affected transaction proceeds or promotional benefits without notice until any Chargebacks, Dishonored Purchases, or other financial disputes are resolved. Any correction of affected transactions or recovery of unpaid amounts is subject to Sections 13.I and 14.
D. We may report any criminal or suspicious activities to the appropriate authorities.
E. We will, in our sole discretion, suspend any User Accounts that we reasonably believe are the subject of fraudulent transactions, including in circumstances involving consecutive failed electronic funds transfers, as required by State law. Any attempt to defraud Betr through the use of any method of payment, regardless of the outcome, or any failure by you to honor legitimate charges will result in instant termination of your User Account.
13. Account Controls and Closure
A. You can take a temporary break at any time by suspending your User Account access for a period of time (“Deactivation Period”). Deactivation Periods range from a minimum of three (3) days to a maximum of three hundred sixty-five (365) days. During the Deactivation Period, you may view your account details but may not purchase Packs. These restrictions will end automatically when your selected Deactivation Period expires and cannot be lifted before then.
B. You may set automatically renewing, self-imposed Pack purchase limits through the corresponding settings in your User Account.
C. You may set Pack purchase limits on a daily, weekly, or monthly basis. You may also enable pop-up warnings when you exceed your preferred number of Pack purchases. Once you establish self-imposed Pack purchase limits, any request to increase or remove those limits will not take effect until thirty (30) days after your request. You may not modify these limits while your User Account is suspended.
D. To temporarily restrict access to your User Account or set Pack purchase limits, contact our Customer Support Team at support@betr.app or use the corresponding settings in your User Account.
E. Account Closure by You. Subject to any exclusion-period restrictions that may be in place as set forth in this Section 13, you are entitled to permanently close your User Account and terminate these Terms at any time for any reason. If you wish to terminate these Terms, please state so explicitly by contacting Customer Support Team at support@betr.app. Otherwise, User Account closure will not be considered as termination.
F. Self-Exclusion. For Players who wish to restrict their access to Betr Rips, we provide a voluntary self-exclusion option that prevents further Pack purchases. You may request closure of your User Account at any time or elect to self-exclude for one (1), two (2), three (3), or five (5) years, or permanently, by contacting our Customer Support Team at support@betr.app. During your selected self-exclusion period, you may not purchase Packs, reactivate your purchasing access, or open another User Account. You agree not to attempt to circumvent your self-exclusion.
G. Effect of Voluntary Account Controls on Cards. A Deactivation Period, self-imposed Pack purchase limit, temporary access restriction requested by you, or self-exclusion does not pause, extend, or restart the Vault Period for any Card. Unless you request shipment or complete a sale-back before the applicable Vault Period expires, the Card will automatically be sold back to Betr under Section 5.E, without further action or approval from you, and the proceeds will be credited to your real-money wallet. If you cannot access the shipment functionality while a restriction is in effect, contact Customer Support at support@betr.app to request shipment before the Vault Period expires. These account controls do not prevent automatic sale-back or the crediting of sale-back proceeds.
H. Account Closure by Us. TO THE FULLEST EXTENT OF THE LAW, AND IN ADDITION TO ANY OTHER RIGHTS WE HAVE UNDER THESE TERMS, WE RESERVE THE RIGHT TO SUSPEND OR TERMINATE YOUR USER ACCOUNT IF ANY OF THE FOLLOWING OCCURS (OR WE REASONABLY BELIEVE IT HAS OCCURRED OR WILL OCCUR): (1) YOU DECLARE BANKRUPTCY; (2) YOU ARE IN MATERIAL BREACH OF THESE TERMS; (3) YOU COMMIT (OR ATTEMPT TO COMMIT) FRAUD AGAINST US OR A THIRD PARTY USING THE SERVICES OR OTHERWISE USE THE SERVICES FOR UNLAWFUL, UNFAIR, OR IMPROPER PURPOSES; (4) YOU IMPROPERLY DENY ANY PURCHASES OR CAUSE CHARGEBACKS; (5) WE ARE INSTRUCTED TO OR ORDERED BY A LAW ENFORCEMENT OR REGULATORY AGENCY OR COURT; OR (6) WE ARE ADVISED BY OUR LEGAL COUNSEL TO DO SO.
I. Existing Cards and Balances Upon Suspension or Termination. If Betr suspends or terminates your User Account, you authorize Betr to automatically purchase all Cards remaining in your Vault at 100% of the applicable FMV, regardless of whether the Vault Period has expired and without further action or approval from you. Upon completion of the sale-back, ownership of the Cards transfers to Betr, the Cards are removed from your Vault, and the proceeds are credited to your real-money wallet. Any remaining real-money balance, including automatic sale-back proceeds, will be available for withdrawal through the Services or by contacting Customer Support at support@betr.app, subject to identity verification, outstanding payment obligations, fraud investigations, applicable law, and lawful holds. We may delay or withhold any sale-back or release of funds where required by applicable law or a lawful hold. Property required to be reported or remitted under applicable unclaimed-property law will be handled in accordance with that law.
14. Account Errors
A. It is your duty to inform us as soon as reasonably possible of any errors with respect to your User Account so that we may investigate.
B. Regardless of whether you or we discover the error, we will use commercially reasonable efforts to place all parties directly affected by such error in the position they were in immediately before the error occurred.
C. We reserve the right to declare an affected Pack transaction, promotion, or special offer void, partially or in full, if we reasonably determine that it was affected by an error, mistake, misprint, technical malfunction, or failure to operate in accordance with the applicable Pack Rules, including an error in the price, Card identification, allocation, valuation, sale-back offer, odds, or software. If You are incorrectly credited a Pack, Card, or funds as a result of (a) human error; (b) a bug, defect, or error in the Service; or (c) failure of a transaction to operate in accordance with the applicable Pack Rules, we will not be obligated to honor the erroneous credit, and You agree that it may be corrected. Any correction or reversal may include cancellation of the affected Pack purchase, reversal of the corresponding Card allocation or sale-back, and adjustment of the related charges or credits, as necessary to implement Section 14.B. If we cancel a Pack purchase and reclaim the associated Card, we will also refund or reverse the corresponding purchase charge, subject to any amounts properly recoverable under these Terms and applicable law. A genuine change in market value, without an error, does not alone make a completed transaction erroneous. Contact Customer Support promptly regarding duplicate or incorrect charges, missing Packs, or incorrectly displayed or fulfilled Cards. Dissatisfaction with the Card revealed or its value alone is not grounds for a refund. Except for corrections under this Section, refunds Betr elects to provide, or refunds required by applicable law, purchases are final.
D. While we reasonably investigate a suspected error, we may temporarily suspend the affected transactions and place holds on the affected Packs, Cards, sale-back proceeds, withdrawals, or shipments, to the extent reasonably necessary to investigate and implement a correction. You acquire no entitlement to an erroneous allocation, valuation, offer, or credit solely because it was displayed, confirmed, credited, withdrawn, or fulfilled. If you receive funds or a Card to which you were not entitled because of an error described in this Section, you agree to cooperate in correcting the error and, upon written notice reasonably describing the error and required correction, repay the erroneous funds or return the affected Card. To the extent permitted by applicable law, we may reverse erroneous credits and offset amounts properly recoverable under this Section against amounts otherwise payable to you. If the affected Card has been shipped, we will provide reasonable return instructions and prepaid, appropriately insured return shipping. Any recovery will account for amounts already reversed, repaid, returned, or otherwise recovered to prevent duplicate recovery. We will notify you of any material correction and release investigation holds when no longer reasonably necessary.
E. Reveal animations, sounds, previews, and other visual effects are for presentation purposes and do not independently establish the Card allocated to you or the completion of a purchase, sale-back, or shipment request. If a display differs from the actual transaction, the allocation and transaction status reflected in our validated transaction records will control, subject to investigation and correction under this Section. A display error alone does not entitle you to a Card, valuation, or payment that was not validly allocated or completed.
15. Promotions
All promotions, contests, and special offers are subject to these Terms, the official rules of the promotion, contest, or special offer, and any additional terms that may be published at the time of the promotion, contest or special offer.
We reserve the right to withdraw or alter any such promotions without prior notice to you at our sole discretion.
We reserve the right at our sole discretion and without any requirement to provide a justification to exclude you from any promotions, contests or special offers that may be offered from time to time.
We reserve the right to exclude you from any promotions, contests or special offers if we believe that you have tried to enter said promotions, contests of special offers by using more than one User Account or are otherwise engaging in any fraudulent or illegal activity (including participation that would be in breach of the law in your local jurisdiction), whether or not you would have or might have won but for such activity. Where multiple entries/User Accounts have been used, we reserve the right to suspend those User Accounts and withhold any promotional benefits.
You confirm that you grant us an irrevocable, perpetual, worldwide, non-exclusive, royalty-free license to use in whatever way we see fit, and without further acknowledgement of you as the author, any content you post or publish as part of a promotion, contest or competition.
16. Prohibited Activities; Suspicious Activity; Fraud
A. You warrant, represent, and agree that you will not interrupt, corrupt, or exploit any of the Services for any purpose not intended by us, including, for example, to accomplish any of the following activities (each, a “Prohibited Activity” and, collectively, “Prohibited Activities”):
i. Registering or attempting to register a User Account using another person’s personal data, or attempting to access the Services using another person’s User Account;
ii. Providing your User Account username and password to any other person or entity;
iii. Allowing any other person to access and use your User Account;
iv. Colluding with any other person in an attempt to circumvent compliance with these Terms, the Privacy Policy, the Pack Rules, or any additional terms, rules, or conditions as they relate to the Services offered by us from time to time;
v. Using your User Account or the Services for any purpose other than personal use;
vi. Engaging in commercial activities, including any attempt to raise money for anyone or advertise or promote a product, service, or website, or build a business using the Services;
vii. Attempting to sell the Services, in whole or in part;
viii. Attempting to gain unauthorized access to any of the Services, the servers on which the Services are hosted, or any server, computer, or database connected to the Services;
ix. Interfering with other Players’ use of the Services;
x. Engaging in Pack allocation manipulation or payment fraud;
xi. Abusing, harassing, impersonating, intimidating, or threatening other players or any of our authorized representatives, customer service personnel, moderators, or volunteers (including filing support tickets with false information, sending excessive emails or support tickets, obstructing our employees from doing their jobs, or refusing to follow the instructions of our employees);
xii. Conducting, or attempting to conduct, fraudulent, unlawful, or unauthorized activity, including unlawful transaction activity and payment methods;
xiii. Interfering or tampering with, removing, or otherwise altering in any way, any information in any form or any security feature which is included in or on any of the Services;
xiv. Using or attempting to use any software-assisted methods, techniques, or hardware to participate in or manipulate the Services, or otherwise access the Services by automated means or under false or fraudulent pretenses;
xv. Using any script, robot user, bot, or equivalent mechanism, including any automated computerized software or any other similar or equivalent mechanisms to automatically make Pack transactions;
xvi. Use any features which may affect the function or performance of the Services in any way, including, for example, through the release of viruses, worms, trojans, or similar material that may be malicious or harmful;
xvii. Attacking the Services via a denial-of-service attack or any other form of attack or interference;
xviii. Uploading or transmitting (or attempting to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including web bugs, cookies or other similar devices;
xix. Disguising or interfering in any way with the IP address of the device you are using to access the Services or otherwise taking steps to prevent us from correctly identifying the actual IP address of the device you are using while accessing the Services;
xx. Abusing in any way any use of the Services or any offer or other promotion offered by us or seeking to derive any advantage or gain for themselves or another player, including by way of fraudulent conduct or misuse of the Services;
xxi. Cheating or any other activity deemed by us to be in conflict with the spirit or intent of the Services;
xxii. Modifying, adapting, translating, or reverse engineering any portion of the Services;
xxiii. Using or attempting to use the Services in any way that violates federal, State, local, or international law or regulations; or
xxiv. Engaging in, promoting, or encouraging illegal activity, or activity that violates any third-party rights.
xxv. Using or attempting to use your User Account on more than three (3) devices.
xxvi. Allowing any other person to access their User Account on any of your personal devices.
B. We may monitor or review your User Account for Prohibited Activities or suspicious transactions, including unusual frequency or patterns; use of non-public allocation or valuation information; automated transactions; third-party scripts or scripting programs; multiple accounts; third-party usage of your User Account; transactions made in concert with others; masking devices, proxy servers, or other technology to hide location or misrepresent identity; and any other activity we reasonably believe is suspicious (each activity, a “Suspicious Activity”). We reserve the right to investigate any such activity, suspend your User Account and affected transactions during the investigation, withhold affected funds, seek recovery of connected losses, or take any other action we deem appropriate in our sole discretion, subject to Section 13.I.
C. We reserve the right, in our sole discretion, to suspend or close your User Account, void any or all Pack transactions, and take any other measures we deem reasonably appropriate if we believe you have or have attempted to conduct a Prohibited Activity or Suspicious Activity, defrauded us, violated these Terms, or otherwise engaged in or attempted to engage in any other illegal or dishonest activity in connection with your access or use of the Services. We are also obligated to refer the matter to the proper law enforcement or regulatory authorities if we reasonably believe you are engaged in illegal or fraudulent activity while using the Services.
17. Consent to Contact
By signing up for a User Account or communicating with us electronically, such as via e-mail, you hereby consent to receive communications from us or our affiliates via e-mail, telephone or mail. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
18. Third-Party Websites & Software
A. At our discretion, the Services may contain links to third-party websites. These links are provided solely as a convenience to you and not as an endorsement by us of the contents on such third-party websites. We may also display and make accessible promotions, advertisements, and offers provided by third parties (“Third-Party Promotions”). You acknowledge that we are not responsible or liable for the content of linked third-party websites or Third-Party Promotions, and that we do not make any representations or warranties regarding the content or accuracy of materials on such third-party websites or Third-Party Promotions. If you decide to access any linked third-party websites, you do so at your own risk. You further acknowledge and agree that we will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any third-party website or resource. You agree that your sole remedy in connection with any Third-Party Promotion or third-party website will be with the third party offering the Third-Party Promotion or third-party website, and that you will have no remedy against Betr arising from your participation in, or inability to participate in, any Third-Party Promotion or third-party website.
B. We may provide experiences on social media platforms that enable online sharing and collaboration among users who have registered to use them. Any content you post is subject to the terms and conditions and privacy policies of those platforms and related services. We have no control over such social media platforms or related services.
C. For certain of the Services, it may be necessary to download or otherwise use certain software, including software provided by third parties. In such circumstances, you may be required to enter into an end user license agreement (“EULA”) in respect of such software. You agree to be bound by the terms of any such EULA. You also agree not to interfere with, modify, decompile, copy, or reverse engineer any software provided to you as part of the Services except as expressly permitted herein, in the applicable EULA, or by law.
19. Intellectual Property
A. The Services contain a variety of materials, including: (i) materials and other items relating to us and our products and services, and similar items from our licensors and other third parties, including all text, data, files, images, scripts, designs, graphics, button icons, instructions, illustrations, photographs, audio clips, music, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, the “look and feel” of the Services, and the compilation, assembly, and arrangement of the materials of the Services and any and all copyrightable material (including source and object code); (ii) trademarks, logos, trade names, service marks, and trade identities of various parties, including those of Betr; and (iii) other forms of intellectual property (all of the foregoing, collectively, “Content”).
B. The Services (including past, present, and future versions of the Services and the Content therein) are owned or controlled by Betr or our licensors and certain other third parties. All right, title, and interest in and to the Services (including the Content therein) are the property of Betr or our licensors or certain other third parties and is protected by United States of America and international copyright, trademark, patent, or other intellectual property rights to the fullest extent possible. We reserve all rights in and to the Services (including, the Content therein) not expressly granted to you under these Terms. You acknowledge that you do not acquire any right, title, or interest in any of the Services (including, the Content therein) as a result of using our Services, including downloading material from or uploading material to the Services. Nothing contained on the Platforms will be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Services without our express written permission. You agree that we retain ownership of the Service at all times and under any conditions.
C. Subject to your strict compliance with these Terms, we grant you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable permission to download (temporary storage only), display, view, use, play, or print one copy of the Content (excluding source and object code in raw form or otherwise, other than as made available to access and use to enable display and functionality) on a personal computer, mobile phone, or other wireless device, or other Internet-enabled device for your personal, non-commercial use only, and solely for purposes of using the Services. The foregoing limited license: (i) does not give you any ownership of, or any other intellectual property interest in, any Content, and (ii) may be immediately suspended or terminated for any reason, in our sole discretion, and without advance notice or liability. You may not distribute, modify, transmit, reuse, re-post, or use the Content for public or commercial purposes without our express written permission. Further, unless expressly stated herein, you may not use, copy, reproduce, distribute, transmit, broadcast, display, sell, license, create derivative works, or otherwise exploit any of the Content (or intellectual property rights therein), whatsoever without the express written permission of the respective owners.
D. As between you and us, the software used to operate the Services (the “Software”) is owned by us and will remain our property. You will only use the Software in accordance with these Terms. If you become aware that the Software is being used in any manner not authorized by these Terms, you will immediately notify us. You will not: (i) reverse engineer or decompile (whether in whole or in part) the Software; (ii) make copies, modify, reproduce, publish, transmit, alter, or distribute the Software or all or any part of the Services or any material or information contained on the Services; (iii) use the Software for any unlawful purposes; (iv) use the Software in a manner that constitutes a violation or infringement of the rights of any third party (including intellectual property rights); or (v) use the Software to cause harm or damage to the computer systems, network, or equipment of any third party. For the avoidance of doubt, provision of the Software is deemed part of the Services.
E. From time to time, we may issue and make available to you upgraded versions of the Software. All such upgrades shall be deemed to be Software for the purposes of these Terms. If you have downloaded our Apps, you agree to promptly download and install any new version that we make available. Some new versions may contain updated Terms, security fixes and service improvements, whether or not we disclose that they do; accordingly, failure to promptly update your version of the Apps may in some cases expose you to increased security risks or service malfunctions.
F. All comments, feedback, suggestions, ideas, and other submissions (“Ideas”) disclosed, submitted, or offered to us in connection with the use of the Services shall be our exclusive property. You agree that unless otherwise prohibited by law, we may use, sell, exploit, and disclose the Ideas in any manner, without restriction and without compensation to you.
20. User-Generated Content
A. Certain of the Services may invite or permit you to upload your own content or communicate content or materials through the Services (such content, “User-Generated Content”). We do not pre-screen or exercise editorial control over, and therefore do not endorse any, User-Generated Content, and we will not be liable in relation to such User-Generated Content. You understand and agree that you are solely responsible for your User-Generated Content.
B. Once you post or communicate any User-Generated Content through the Services, you expressly, and hereby do, grant:
i. To Betr, our parents, subsidiaries, affiliates, and partners: a non-exclusive, worldwide, royalty-free, fully sublicensable, transferable, and irrevocable license to quote, re-post, use, reproduce, modify, adapt, publish, sell, translate, create derivative works from, display, distribute, transmit, and broadcast such User-Generated Content in any form and for any purpose (including commercial purposes), with or without attribution to you, and without any notice or compensation to you of any kind. You agree that we may also use the name, likeness, voice, or image contained in such User-Generated Content as we see fit, including for commercial purposes, and you represent and warrant that you have the right to grant us permission to use any such name, voice, likeness, or image of such individual appearing in the User-Generated Content throughout the world in perpetuity. In addition, you waive any right to inspect or approve the finished product, including written copy, where the likeness or testimonial appears.
ii. To each other Player: a limited, non-exclusive, worldwide, royalty-free, non-sublicensable, non-transferable, and irrevocable permission to quote, re-post, use, reproduce, modify, adapt, publish, translate, create derivative works from, and display such User-Generated Content in any form and for any non-commercial purpose, with or without attribution to you, and without any notice or compensation to you of any kind.
C. You hereby waive any so-called “moral rights” you may have in your User-Generated Content.
D. For any User-Generated Content you provide, you hereby warrant, represent, and agree that such User-Generated Content:
i. Does not violate any rights of third parties (including intellectual property rights or rights of publicity or privacy), and that you have all rights necessary to grant the license and permission in Section 20.B. to Betr and each other Player, respectively;
ii. Does not contain any defamatory, libelous, obscene, or otherwise inappropriate or objectional materials or statements;
iii. Does not contain material or statements that is likely to, or could reasonably be viewed as likely to incite violence or racial or ethnic hatred, or contain blatant expressions of bigotry, racism, racially or ethnically offensive content, hate speech, abuse, or vulgarity;
iv. Does not contain any form of malicious computer code (e.g., viruses, bugs, trojan horses, etc.) which could disable or disrupt any of the Services;
v. Complies with all applicable laws and regulations; and
vi. May be used in connection with publicizing and promoting Betr and the Services.
E. You acknowledge and agree that any User-Generated Content you submit when using the Services, including reviews and your communications with other users via online messaging, private messaging, forums, or bulletin boards, and any other similar types of communications and submissions on or through the Services, are non-confidential, public communications, and you have no expectation of privacy concerning your provision or use of User-Generated Content.
F. We reserve the right (but are not obliged to), in our sole discretion, to edit or remove User-Generated Content, with or without notice and for any reason. You hereby agree that, to the maximum extent permitted by applicable law, we will at no time be responsible or held liable for the removal, modification, or blocking of, or other damage to or loss of, any User-Generated Content. The views expressed in User-Generated Content are the views of the individual that provided such User-Generated Content, and not those of Betr.
21. Digital Millennium Copyright Act
We respect the intellectual property rights of others. In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, we have adopted a policy of terminating, in appropriate circumstances, users who repeatedly infringe the intellectual property rights of others. If you believe that anything on the Services infringes any copyright that you own or control, please provide the following information to the DMCA Agent identified below:
A. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
B. A description of the copyrighted work that you claim has been infringed upon;
C. A description of where the material that you claim is infringing is located within the Services;
D. Information reasonably sufficient to permit Betr to contact you, such as address, telephone number, and, if available, an e-mail address at which you may be contacted;
E. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
F. 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.
Claims of copyright infringement that include the information above should be submitted via postal mail or e-mail to us as follows:
Betr Rips, LLC
Attn: Legal Department
290 NE 68th Street
Miami, FL 33138
305-605-2387
22. Indemnity
You agree to indemnify, defend (at our option), and hold Betr and our parent companies, subsidiaries, affiliates, and each of their respective employees, directors, officers, managers, shareholders, agents, marketers, payment processors, banks, financial intermediaries, Internet service providers, application developers or hosts, data storage services, prize providers, agencies, vendors, licensors, licensees, contractors, successors, and assigns (collectively, “Betr Parties”) harmless from and against any and all damages, losses, liabilities, costs (including reasonable attorneys’ fees and court costs), judgments, fines, settlement, penalties, and expenses (collectively, “Losses”) suffered or incurred in connection with any claims, actions, lawsuits, proceedings, investigations, or demands, including, personal injury, death, or damage to or loss of property, whether first party in nature or brought by a third party (collectively, “Claims”), that directly or indirectly arise from or in any way relate to: (i) your use of the Services and your activities in connection with the Services (including, any actions taken with respect to a linked third-party website or Third-Party Promotion); (ii) any information you submit to us, including, any User-Generated Content; (iii) your breach, alleged breach, or anticipatory breach of these Terms; (iv) your violation of any applicable laws or regulations in connection with your use of the Services; (v) information or material transmitted through your device or User Account, even if not submitted by you, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (vi) any misrepresentation made by you; and (vii) injuries to persons and property which may be sustained in connection with (a) participation in any Pack purchases or other transactions; (b) the receipt, ownership, use, or misuse of any Cards or sale-back proceeds or while preparing for, participating in or traveling to or from any Services-related activity; and (c) publicity rights, defamation, or invasion of privacy. You will cooperate as fully required by us in the defense of any Claims. Notwithstanding the foregoing, we retain the exclusive right to settle, compromise and pay any and all Claims. We reserve the right to assume the exclusive defense and control of any Claims. You will not settle any Claims without the prior written consent of Betr.
23. Disclaimers
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THE SERVICES IS AT YOUR SOLE RISK, AND THAT THE SERVICES ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS BASIS”, AND ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, THE BETR PARTIES HEREBY DISCLAIM AND MAKE NO REPRESENTATIONS, WARRANTIES, ENDORSEMENTS, OR PROMISES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES (INCLUDING, FOR CLARITY, THE PLATFORMS, SOFTWARE, CONTENT, PACKS, AND CARDS), INCLUDING, WARRANTIES OF TITLE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, CORRECTNESS, ACCURACY, OR RELIABILITY, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING OR USAGE OF TRADE.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE BETR PARTIES, DO NOT REPRESENT OR WARRANT TO YOU THAT: (I) YOUR ACCESS TO OR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS; (II) YOUR ACCESS TO OR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, FREE FROM ERROR, OR FREE FROM VIRUS OR OTHER HARMFUL COMPONENTS; (III) DATA PROVIDED THROUGH THE SERVICES WILL BE ACCURATE; (IV) THE SERVICES (INCLUDING FOR CLARITY, ANY CONTENT OR FEATURES) MADE AVAILABLE ON OR THROUGH THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (V) ANY DATA THAT YOU DISCLOSE WHEN YOU USE THE SERVICES WILL BE SECURE; (VI) ANY DEFECTS OR ERRORS ON THE SERVICES WILL BE REPAIRED OR CORRECTED; OR (VII) THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; OR (VIII) THAT IT IS LAWFUL FOR YOU TO ACCESS THE SERVICES OR PROMOTIONS AT THE TIME AND PLACE FROM WHICH YOU ACCESS THE SERVICES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THERE MAY BE TIMES WHEN OUR SERVICES MAY BE PARTIALLY OR WHOLLY UNAVAILABLE FOR TECHNICAL OR MAINTENANCE REASONS, OR FOR OTHER REASONS BEYOND OUR CONTROL, WHETHER SCHEDULED OR UNSCHEDULED. WHILE WE USE REASONABLE EFFORTS TO KEEP SERVICES ACCESSIBLE, WE ACCEPT NO LIABILITY FOR LOSSES WHICH ARE ALLEGED OR DEEMED TO HAVE ARISEN IN CONNECTION WITH ANY MALFUNCTION, LOSS OF CONNECTION, OR ANY OTHER CIRCUMSTANCE IN WHICH THE SERVICES WERE UNAVAILABLE FOR ANY AMOUNT OF TIME, WHETHER ON A SCHEDULED OR UNSCHEDULED BASIS. FOR THE AVOIDANCE OF DOUBT, INTERRUPTIONS IN THE SERVICES THAT ARE BEYOND OUR CONTROL SHALL NOT IN ANY WAY OR MANNER SERVE AS A BASIS TO DEMAND A FULL OR PARTIAL REFUND OF ANY PURCHASES.
24. Limitation of Liability
YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR OWN RISK AND THE BETR PARTIES ACCEPT NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY CONSEQUENCES THAT ARE ALLEGED TO HAVE OCCURRED THROUGH YOUR USE, OR MISUSE, OF THE SERVICES.
YOU UNDERSTAND AND AGREE THAT THE BETR PARTIES WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, ENHANCED, PUNITIVE, OR EXEMPLARY DAMAGES WHICH YOU MAY INCUR, HOWSOEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, DIMINUTION OF VALUE, OR ANY OTHER INTANGIBLE LOSS, EVEN IF THE BETR PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO ONE OR MORE OF THE LIMITATIONS OR EXCLUSIONS ABOVE MAY NOT APPLY TO YOU.
SOLE AND EXCLUSIVE REMEDY/LIMITATION ON RECOVERY. UNLESS OTHERWISE PROHIBITED BY LAW OR PERMITTED IN THESE TERMS OR THE BINDING ARBITRATION AGREEMENT (see section 26), IN ANY DISPUTE WITH THE BETR PARTIES, YOUR SOLE AND EXCLUSIVE REMEDY UNDER ANY LEGAL THEORY FOR ANY LOSS OR DAMAGE WHATSOEVER ARISING FROM ANY CAUSE SHALL BE LIMITED TO THE AMOUNT PAID TO US IN THE THIRTY (30) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.
THE BETR PARTIES ARE NOT LIABLE FOR THE FAILURE OF ANY EQUIPMENT OR SOFTWARE, WHEREVER LOCATED OR ADMINISTERED, OR WHETHER UNDER OUR DIRECT CONTROL OR NOT, THAT MAY PREVENT THE OPERATION OF OUR SERVICES, IMPEDE THE PLACING OF ORDERS FOR PACKS OR THE ACCEPTANCE OF PACK TRANSACTIONS, OR PREVENT YOU FROM BEING ABLE TO CONTACT US. THE BETR PARTIES WILL NOT BE LIABLE FOR ANY LOSS OF CONTENT OR MATERIAL UPLOADED OR TRANSMITTED THROUGH THE SERVICES AND YOU CONFIRM THAT THE BETR PARTIES SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY MODIFICATION TO, OR SUSPENSION OR DISCONTINUANCE OF, THE SERVICES. BETR RESERVES THE RIGHT TO CANCEL OR SUSPEND THE SERVICES WITHOUT INCURRING ANY LIABILITY.
YOU ACKNOWLEDGE AND AGREE THAT WE HAVE MADE THE SERVICES AVAILABLE TO YOU AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE REPRESENTATIONS AND WARRANTIES, DISCLAIMERS, AND LIMITATIONS OF LIABILITY SET FORTH HEREIN, WHICH REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN US AND YOU AND FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN US AND YOU. WE WOULD NOT BE ABLE TO PROVIDE THE SERVICES TO YOU WITHOUT THESE LIMITATIONS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT ANY DAMAGES YOU INCUR ARISING OUT OF OUR ACTS OR OMISSIONS OR YOUR USE OF THE SERVICES ARE NOT IRREPARABLE AND ARE INSUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING THE AVAILABILITY OF, OR ANY PERSON’S ABILITY TO ACCESS, ANY PORTION OF THE SERVICES. IF YOU ARE DISSATISFIED WITH THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SERVICES.
THE BETR PARTIES ARE NOT LIABLE FOR ANY LOSS OR DAMAGE THAT YOU MAY SUFFER BECAUSE OF ANY ACT OF GOD; POWER FAILURE; TRADE OR LABOR DISPUTE; ACT, FAILURE OR OMISSION OF ANY GOVERNMENT OR AUTHORITY; OBSTRUCTION OR FAILURE OF TELECOMMUNICATION SERVICES OR NETWORKS; OR ANY OTHER ACT, OMISSION, DELAY, OR FAILURE CAUSED BY A THIRD PARTY OR OTHERWISE OUTSIDE OF OUR CONTROL.
You acknowledge and agree that it is your sole responsibility to ensure that you are legally allowed to participate in the Services and access the Services under the laws of the jurisdiction(s) applicable to you. You understand and accept that we are unable to provide you with any legal advice or assurances and that it is your sole responsibility to ensure that at all times you comply with the laws that govern you and that you have the complete legal right to use the Services. You expressly waive any rights to bring a claim or cause of action under any gambling loss recovery act, or similar statutes, or otherwise challenge the legality of the Platform or Services.
The foregoing limitations of liability will apply even if any of the foregoing events or circumstances were foreseeable and even if the Betr Parties were advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action based in contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of god, telecommunications failure, or destruction of the Services or any component thereof).
One Year Limitations Period For All Claims. Unless applicable law provides a shorter time to assert a claim, You and Betr agree that any claims arising out of or related to the Services, the Platform, these Terms, or Privacy Policy must BE ASSERTED NOT LATER THAN ONE (1) YEAR of the action, omission, event or occurrence giving rise to the claim or suit, after which such claims will be time-barred and prohibited, notwithstanding the existence of a statues or law providing a longer time.
Exceptions to Section 23 (Disclaimers) and Section 24 (Limitation of Liability). SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, LIABILITIES AND DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT THE LAW OF SUCH JURISDICTIONS MAY APPLY, OUR WARRANTIES, LIABILITIES AND AVAILABLE DAMAGES WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
SEVERABILITY. TO THE EXTENT ANY OF THE ABOVE LIMITATIONS OR DISCLAIMERS ARE NOT PERMITTED BY LAW OF ANY APPLICABLE JURISDICTION, SUCH PROVISIONS SHALL NOT APPLY AND SHALL BE DEEMED AS SEVERABLE AND STRICKEN FROM THESE TERMS. THE PARTIES AGREE FURTHER THAT SUCH PROVISION(S) SHALL NOT AFFECT THE ENFORCEABILITY OF THE TERMS OR THE ARBITRATION AGREEMENT (Section 26), WHICH THE PARTIES AGREE SHALL REMAIN IN PLACE AND IN FORCE LESS ANY SUCH STRICKEN PROVISIONS. To the fullest extent allowable by law and equity, the parties agree that any such provision may be blue-penciled or otherwise construed by the forum presiding over any dispute to give effect to the intent of the parties and consistent with the overall purpose and intent of the agreement, and may be deemed replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision.
25. Mandatory Initial Dispute Resolution
The parties shall use best efforts to resolve informally any customer service issue or claim (a “Dispute”) promptly and in good faith. If for some reason, You are not satisfied or Your Dispute is not resolved by customer service, You must first submit a “Notice of Dispute” as set forth in this Section 25 and attempt to resolve the Dispute informally, as set out in this Section, with Betr prior to and as a condition precedent to initiating arbitration or any other formal proceeding over a Dispute as required by Section 26. After you and Betr have completed this informal dispute resolution procedure, you may then pursue arbitration as set out below in Section 26 (or lawsuit if you have properly opted out of arbitration).
All informal dispute resolution procedures shall be conducted individually, between Betr and you. Multiple individuals with Disputes cannot participate in the same informal dispute resolution process.
Notice of Dispute Required Prior to Arbitration. The party initiating a claim over a Dispute must give notice to the other party in writing of its intent to initiate an informal dispute resolution procedure (“Notice of Dispute”). A Notice of Dispute should be filed within ten (10) calendar days of the situation giving rise to the dispute and must include the following information:
a. Shall be labelled “NOTICE OF DISPUTE” or otherwise contain such words at the beginning of the Notice or in the Subject Line.
b. Shall be sent to our Legal Team at legal@betr.app;
c. Your username and email address associated with your User Account;
d. Your first and last name, as registered on your User Account;
e. Your residence address;
f. Your telephone number (home and/or mobile);
g. A detailed explanation of the complaint/claim and basis for the claim;
h. Any specific dates and times associated with the complaint/claim (if applicable); and
i. The remedy, action and the amount of money you are seeking from Betr.
Upon receipt of your Notice of Dispute, if we require additional information to review and investigate your Notice of Dispute, we will request the additional information in our written response to your Notice of Dispute. You are required to provide any additional information requested by the Company within seven (7) calendar days. Failure to submit a written communication with the information outlined above may result in a delay in our ability to identify and respond to your Notice of Dispute in a timely manner, and shall extend the time period for resolution before a formal proceeding may be commenced, as permitted by these Terms.
Depending upon the nature of the Dispute, the Company may, in its sole discretion, request a video or telephonic informal dispute resolution conference and, in such case, participation in the conference is a condition precedent to initiating arbitration or any formal proceeding over a Dispute as required by Section 26. If a party is represented by counsel (which such representation will be at such parties’ sole cost and expense), counsel may participate in the informal dispute resolution conference, but each party shall also attend and participate in any informal dispute resolution conferences, as permitted by this Section 25.
Good Faith Efforts to Settle Disputes. After submission of the Notice of Dispute and required information, if any, requested under the procedures outlined above, the parties shall engage in good faith negotiations to settle any Dispute as a condition of and prior to either party initiating a formal arbitration as provided in Section 26. If the parties do not reach an agreed upon solution within a period of sixty (60) days from the time of the initial Notice of Dispute, then either party may initiate binding arbitration under Section 26 as the sole means to resolve the Dispute, subject to the Arbitration Agreement.
The aforementioned Notice of Dispute and informal dispute resolution process is a condition precedent to commencing any formal arbitration proceeding under the Arbitration Agreement (Section 26 below), or any lawsuit (if you have successfully opted-out of the Arbitration Agreement). The parties agree that any relevant limitations period or other deadlines will be tolled solely by the amount of time the parties initiate and engage in this informal dispute resolution process.
Regardless of whether you decide to opt out of arbitration, the terms set forth in this Section 25 Initial Dispute Resolution shall remain in full force and effect as part of these Terms.
26. BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER
PLEASE READ THIS ARBITRATION & CLASS ACTION WAIVER AGREEMENT (THE “AGREEMENT”) CAREFULLY BECAUSE IT REQUIRES YOU AND BETR TO ARBITRATE CERTAIN DISPUTES AND CLAIMS AND LIMIT THE MANNER IN WHICH YOU AND BETR CAN SEEK RELIEF FROM EACH OTHER. THIS AGREEMENT APPLIES TO ANY CLAIMS YOU OR COMPANY CURRENTLY POSSESS AND ANY CLAIMS THE PARTIES MAY RAISE IN THE FUTURE.
OPT-OUT - WHILE YOU MUST AGREE TO THESE TERMS IN ORDER TO USE THE SERVICE, IF YOU HAVE NOT PREVIOUSLY AGREED TO AN ARBITRATION PROVISION IN CONNECTION WITH YOUR USE OF OUR SERVICE, THERE IS AN OPTION, DESCRIBED BELOW TO OPT OUT OF THE ARBITRATION PROVISIONS. THE OPTION TO OPT-OUT IS TIME-LIMITED TO THIRTY (30) DAYS OF ENTERING THIS AGREEMENT AND REQUIRES YOUR IMMEDIATE ATTENTION.
If You reside in or access the Services at any time while located in the United States, this Section 26 (Binding Arbitration Agreement and Class Action Waiver Agreement) shall be construed under and be subject to the Federal Arbitration Act, notwithstanding any other choice of law set out in these Terms.
THIS AGREEMENT INCLUDES AN ARBITRATION PROVISION WHICH SETS FORTH HOW PAST, PENDING OR FUTURE DISPUTES BETWEEN YOU AND BETR SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION.
ARBITRATION MEANS YOU WILL NOT BE ABLE TO SEEK DAMAGES IN COURT OR PRESENT YOUR CASE TO A JURY.
THIS ARBITRATION AND CLASS ACTION WAIVER AGREEMENT ALSO REQUIRES THAT ANY PAST, PENDING OR FUTURE DISPUTES WITH THE COMPANY SHALL PROCEED FOR YOUR OWN LOSSES ONLY. YOU MAY NOT PROCEED AS A CLASS REPRESENTATIVE, CLASS MEMBER OR PART OF ANY PROPOSED CLASS, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL SUIT, QUI TAM ACTION, OR ANY REPRESENTATIVE PROCEEDING, OR OTHERWISE SEEK TO RECOVER ON BEHALF OF OTHERS OR FOR THE BENEFIT OF OTHERS IN ANY TYPE OF CLAIM OR ACTION.
OPTION AND PROCEDURE TO OPT OUT OF ARBITRATION.
IF YOU HAVE NOT PREVIOUSLY AGREED TO AN ARBITRATION PROVISION IN CONNECTION WITH YOUR USE OF OUR SERVICE, YOU MAY OPT OUT OF THE AGREEMENT TO ARBITRATE BY FOLLOWING THE INSTRUCTIONS BELOW. IF YOU DO NOT OPT-OUT, THE ARBITRATION PROVISIONS WILL APPLY RETROACTIVELY TO ALL CLAIMS YOU MAY POSSESS, WHETHER ASSERTED TO DATE OR NOT.
OPT-OUT. IF YOU DO NOT WISH TO AGREE TO THE PROVISIONS OF THIS SECTION 26 AGREEMENT REQUIRING ARBITRATION AND CLASS ACTION WAIVER AND YOU HAVE NOT PREVIOUSLY AGREED TO AN ARBITRATION PROVISION IN CONNECTION WITH YOUR USE OF OUR SERVICE, YOU MUST, WITHIN THIRTY (30) DAYS OF ENTERING THIS AGREEMENT, SEND WRITTEN NOTICE OF YOUR DECISION TO OPT-OUT TO THE FOLLOWING ADDRESS: BETR HOLDINGS, INC., 290 NE 68TH STREET, MIAMI, FL 33138.**REQUESTS TO OPT OUT AFTER THE 30 DAY PERIOD SHALL NOT BE EFFECTIVE.**
Whether to agree to arbitration is an important decision. It is your decision to make and you are not required to rely solely on the information provided in these Terms. You should take reasonable steps to conduct further research and to consult with counsel (at your expense) regarding the consequences of your decision.
WAIVER OF CLASS RELIEF AND COLLECTIVE ACTION.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER YOU NOR THE COMPANY SHALL BE ENTITLED TO ARBITRATE OR LITIGATE ANY DISPUTE IN A REPRESENTATIVE CAPACITY. YOU MAY ONLY ARBITRATE OR LITIGATE ON AN INDIVIDUAL CLAIMS BASIS ONLY AND FOR YOUR OWN LOSSES ONLY. UNDER THIS AGREEMENT, YOU MAY NOT PROCEED IN ARBITRATION OR COURT AS A CLASS REPRESENTATIVE, MEMBER OR PART OF ANY PROPOSED CLASS, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL SUIT, QUI TAM ACTION OR ANY REPRESENTATIVE PROCEEDING, OR OTHERWISE SEEK TO RECOVER ON BEHALF OF OTHERS OR FOR THE BENEFIT OR USE OF OTHERS IN ANY TYPE OF CLAIM OR ACTION. YOU AND THE COMPANY ARE EACH WAIVING RESPECTIVE RIGHTS TO PARTICIPATE IN A CLASS ACTION. BY ACCEPTING THIS AGREEMENT, YOU GIVE UP YOUR RIGHT TO PARTICIPATE IN ANY PAST, PENDING OR FUTURE CLASS ACTION OR ANY OTHER CONSOLIDATED OR REPRESENTATIVE PROCEEDING, INCLUDING ANY PROCEEDING EXISTING AS OF THE DATE YOU AGREED TO THIS AGREEMENT.
Acceptance of Terms. By using, or otherwise accessing the Services, or clicking to accept or agree to the Terms where that option is made available, You confirm that You have read and accept and agree to this Agreement. Except to the extent that You may opt-out as provided below, all of Your activity on Platforms or Services and all of Your transactions with Betr, including all events which occurred before Your acceptance of this Agreement, shall be subject to this Agreement.
Scope of Agreement to Arbitrate. You and Betr agree that any past, pending, or future dispute, claim or controversy arising out of or relating to any purchase or transaction by You, Your access to or use of any Platform or the Services, or to this Agreement, the Terms, or Privacy Policy (including without limitation any dispute concerning the breach, enforcement, construction, validity, interpretation, enforceability, or arbitrability of this Agreement or the Terms) (a “Dispute”), shall be determined by arbitration, including claims that arose before acceptance of any version of this Agreement.
Delegation of Disputes to Arbitrator. In addition, in the event of any Dispute concerning or relating to this Agreement — including the scope, validity, enforceability, or severability of this Agreement or its provisions, as well as the arbitrability of any claims—You and Betr agree and delegate to the Arbitrator the exclusive jurisdiction to rule on their own jurisdiction over the Dispute, including any objections with respect to the scope, validity, enforceability, or severability of this Agreement or its provisions, as well as the arbitrability of any claims or counterclaims presented as part of the Dispute.
Small Claims. Notwithstanding the above provision and Agreement to Arbitrate, all parties retain the right to seek relief in a small claims court for disputes or claims solely within the scope of a small claim’s court jurisdiction.
Third-Party Beneficiaries. You further agree and intend that this Agreement and the Terms are entered into for the express benefit of Your spouse, heirs, children and next-of-kin and shall bind same to the extent of any claims arising from Your use of the Services which is brought by them or by any person for the use or benefit of Your spouse, heirs, children and next-of-kin. You and Betr agree also that this Agreement is intended to benefit and shall bind any successor-in-interest or assignee of Betr.
Other Parties. To the extent the Dispute involves or includes any persons involved in offering, providing or administering the Service, including but not limited to Company’s affiliates, subsidiaries, agents, employees, officers, directors, consultants, suppliers, advertisers, marketers, payment processors, banks, financial intermediaries, Internet service providers, application developers or hosts, data storage services, vendors, service promoters, partners or contractors, such Disputes shall also be deemed within the scope of the Agreement and shall be entitled to enforce this arbitral Agreement.
Intellectual Property. Notwithstanding the requirement to arbitrate in this Section 26, You and Betr are NOT required to arbitrate any claims for the alleged unlawful use of copyrights, trademarks, trade names, trade dress, logos, trade secrets, or patents, and the parties agree that in the event of infringement of copyrights, trademarks, trade names, trade dress, logos, trade secrets, or patents of a party, they shall also be entitled to seek injunctive relief from a court of competent jurisdiction, and the parties shall not be able to hold out a User’s access to the Services as a basis to enforce this arbitration agreement as to such claims.
Separate Agreement. The parties acknowledge that this Agreement is a separate agreement between the parties governed by the Federal Arbitration Act, is deemed a separate agreement between the parties from any other agreement including the Terms, and that any alleged or determined invalidity or illegality of all or any part of the Terms, the Services, the Platform, or the Privacy Policy shall have no effect upon the validity and enforceability of this Agreement.
Applicable Law. While the Federal Arbitration Act shall control, to the extent a user opts-out of arbitration pursuant to this Agreement or the law of any state is applied or considered with respect to any issues, the parties agree that these Terms and the related Service are governed by and shall be construed in accordance with the laws of the State of Delaware USA without regard to its principles of conflicts of law. To the extent this governing law provision is finally determined to be unenforceable as it relates to the use of the Services, the parties agree that the governing law shall in such event be the applicable law in the jurisdiction in which the user who is a party to the dispute properly utilizes the services. Nothing herein is intended to limit a party's right to appeal a determination by a court of law that the laws of the State of Delaware are unenforceable.
INITIATING ARBITRATION UNDER JAMS RULES
Following the conclusion of the initial dispute resolution process required by Section 25, You or Betr may seek arbitration of a Dispute in accordance with the provisions of this Agreement. You and Betr agree that JAMS (“JAMS”) will administer the arbitration under its Comprehensive Arbitration Rules and Procedures and, to the extent applicable, the JAMS Mass Arbitration Procedures and Guidelines (collectively, the “JAMS Rules”) in effect at the time this Agreement is accepted by You. If the JAMS Rules are updated or changed in any way which may be applicable to a dispute between the parties, the parties agree to consider in good faith whether the most recent version of the JAMS Rules shall apply. The JAMS Rules referenced above are available at https://www.jamsadr.com/adr-rules-procedures/ or otherwise via the JAMS website at www.jamsadr.com.
In the event JAMS is unavailable or unwilling to hear the dispute in accordance with this Agreement, the parties shall agree to, or a court shall select, another arbitration provider subject to the procedural agreements of this Section 26.
Location.
Any arbitration proceeding shall be commenced and administered by JAMS’ offices in Miami, Florida, provided that either You or the Company may elect that the arbitration proceedings be conducted telephonically or via other remote electronic means. In the event a party initiates an arbitration proceeding in a JAMS office other than Miami, Florida, said party shall not object or otherwise oppose a request by the other party to transfer the administration of the arbitration to JAMS’ office in Miami, Florida, and shall, if necessary, refile and reinstitute the arbitration proceeding with JAMS’ office in Miami, Florida.
Confidentiality of Arbitral Proceedings and Awards.
The parties agree that the nature and existence of all arbitration proceedings, including filings of the parties, testimony, evidence at hearings, or any issued decision, award or order of JAMS or an Arbitrator, shall be kept confidential and not used or disclosed to any person or entity other than their accountant, tax preparer, legal counsel, insurer, officers or board members or employees involved in the Dispute. Such filings and information shall not be filed in court or submitted in other proceedings, with the exception that a reasoned award that is final and not subject to appeal within JAMS or further reconsideration by the Arbitrator or JAMS may be filed for confirmation in federal court under the Federal Arbitration Act in the judicial district of the residence of the party against whom such award or order was entered, provided further that the parties shall file such award(s) under seal and shall not object to filing under seal to the fullest extent permitted by the district court.
Lack of Estoppel or Preclusive Effect.
The parties agree that any issues determined in arbitration or any other proceeding between the parties shall be conducted and decided confidentially for the benefit of the parties only and shall have no preclusive or estoppel effect against a party in any subsequent or other arbitration or litigation matter, such that all issues shall be decided anew in any subsequent or other proceedings involving either party. The parties reach this agreement in order to narrowly and efficiently tailor their legal positions without concern that any third party may attempt to offensively or defensively use any finding or determination of fact or law against you or Betr.
Limited Discovery.
The parties agree that to preserve the benefits and efficiencies of arbitration in comparison to civil litigation, that discovery shall be limited and narrow. Discovery or exchange of non-privileged information relevant to the dispute shall be allowed, but shall not be conducted as to issues which are not in dispute in the case and which do not pertain to Your specific transactions or, in the case of a Mass Arbitration, the specific transactions of the mass claimants. Discovery may not be used to cure or avoid defects in pleadings. To the extent of any claims brought by persons other than a User of the Platform, Company shall not be required to provide any information concerning transactions or data other than those pertaining to specifically named and identified users of the Platform, which may be subject further to agreement and release of such information by the User.
Individual Arbitration Procedures.
In addition to any other procedures set forth in this Section 26, the following procedures shall apply to arbitrations which are initiated by you or Company individually and which are not subject to be treated as Mass Arbitrations under this Arbitration Agreement below:
- Applicable Rules. JAMS (“JAMS”) will administer the individual arbitration claim under its Comprehensive Arbitration Rules and Procedures, subject to the exceptions and modifications in this Agreement. For purpose of Sections 16.1 and 16.2 of the JAMS Rules, the JAMS Streamlined Arbitration Rules and Procedures and JAMS Expedited Procedures shall not apply unless otherwise explicitly agreed to by all parties to the Dispute. Under no circumstances shall JAMS Class Action Procedures apply.
- JAMS Fees. The JAMS Rules will govern payment of all arbitration fees, currently available at https://www.jamsadr.com/arbitration-fees. You will only be required to pay arbitration fees of $250 in connection with any arbitration initiated under this Section 26, but you will still be responsible for paying Your own attorneys’ fees.
- Arbitrator Selection for Individual Arbitration. The individual arbitration will be handled on the merits by a sole arbitrator. In lieu of JAMS Rule 15, the parties shall be presented with a list of eight (8) potential arbitrators, be allowed three (3) strikes and the parties shall rank those potential arbitrators in order of preference. JAMS shall select the arbitrator with the highest combined preference (e.g., if both parties select a potential arbitrator as their top preference, that arbitrator will be selected). The parties agree that any JAMS arbitrator presented on the strike list, including merits and process arbitrator (if any), must have the following minimum qualification: practicing attorneys or retired federal court judges who have at least ten years of substantive expertise in litigating and resolving of complex business disputes, including motions to compel arbitration and litigation or adjudication regarding whether disputes are arbitrable. To the extent a process arbitrator is appointed pursuant to the JAMS Rules, the selection process shall also be as prescribed in this subparagraph.
- Initial Dispositive Motions. In lieu of JAMS Rule 18, the parties shall have the right to submit a dispositive motion at the outset of the arbitration to the Arbitrator in order to resolve issues other than the ultimate issue of fact. Such dispositive motions shall, by way of example, assert defenses such as failure to state a cause of action, to dismiss and affirmative defense of the sort contemplated by Rule 12 of the Federal Code of Civil Procedure. The submission and scheduling of such motions shall be addressed at a conference held before the JAMS arbitrator, and the Parties agree that any dispositive motions shall be resolved and the remainder of the arbitral proceeding including any discovery shall be stayed pending resolution, absent good cause and immediate necessity to proceed.
- Except as otherwise waived or limited under the Terms or this Agreement, the JAMS arbitrator shall be authorized to award any remedies, including equitable or injunctive relief, that would be available in an individual lawsuit.
- Reasoned Award. The arbitration decision and award shall consist of a written statement signed by the Arbitrator regarding the disposition of each claim and the relief, if any, as to each claim. Unless the parties agree otherwise, the award shall be a reasoned award and contain a concise written statement of the reasons for the award.
- Appeals. You and Betr agree that any award issued by the Arbitrator in excess of $50,000 in favor of either party, any award which grants any form of declaratory or equitable relief that would significantly impact the operation of the Platform, or any award or finding that the Terms or Arbitration Agreement or provision thereof is unenforceable by either party or unconscionable may be appealed in accordance with the JAMS Optional Arbitration Appeal Procedures at either party’s election. In the event such an award or finding is part of an initial or interim award, the parties agree it may be appealed and that the remainder of the proceeding shall be stayed. The JAMS Optional Arbitration Appeal Procedures are available at https://www.jamsadr.com/appeal.
Mass Arbitration Procedures.
In addition to any other provisions set forth in this Arbitration Agreement, for purposes of this Agreement, a Mass Arbitration is defined as 25 or more similar Demands for Arbitration, filed against the same Party or related Parties by individual Claimants represented by either the same law firm or law firms acting in coordination. The following procedures shall apply to Mass Arbitrations:
- Applicable Administrative and Procedural Rules. JAMS (“JAMS”) will administer Mass Arbitrations including any claim by You that is part of a Mass Arbitration the JAMS Mass Arbitration Procedures and Guidelines in effect at the time this Agreement is accepted by the Parties, subject to the exceptions and modifications in this Agreement. For purposes of Procedure 3 of the JAMS Mass Arbitration Procedures and Guidelines shall apply, the parties agrees that the JAMS Comprehensive Arbitration Rules and Procedures, subject to the exceptions and modifications below. For purpose of Sections 16.1 and 16.2 of the JAMS Comprehensive Arbitration Rules and Procedures, the JAMS Streamlined Arbitration Rules and Procedures and JAMS Expedited Procedures shall not apply unless otherwise explicitly agreed to by all parties to the Dispute. Under no circumstances shall JAMS Class Action Procedures apply.
- JAMS Mass Arbitration Fee Schedule. In a Mass Arbitration, the parties agree that the Mass Arbitration Procedures Fee Schedule shall apply. Mass Claimants shall be responsible for such fees as required under the Mass Arbitration Procedures Fee Schedule, and You shall not be required to pay arbitration fees in excess of $250, but You will still be responsible for paying Your own attorneys’ fees.
- No Per Case Fees. It is the understanding of the parties that no per case fees apply under the JAMS Mass Arbitration Fee Schedule in effect of the time of this Agreement - specifically that the initial Non-Refundable Filing Fee (currently $8000) expressly applies regardless of the number of cases and that JAMS charges for its administration expenses a 13% Case Management Fee and an arbitration filing fee ($2,500 for a two-party matter and $4,000 for matters involving three or more parties) assessed for each arbitrator appointed regardless of the number of cases or groups of cases the arbitrator is appointed to or the number of times the arbitrator is appointed to cases in the Mass Arbitration. The parties agree that this administrative fee structure is a highly material consideration for the parties’ agreement to participate in a Mass Arbitration proceeding before JAMS. No party shall argue in JAMS that any party must pay per case filing or per case administrative fees or otherwise oppose the argument of an affected party that it is not subject to pay per case filing or per case administrative fees.
- Process Arbitrator Selection in Mass Arbitration. In lieu of JAMS Rule 15 and Procedure 3, the parties shall request to be presented by JAMS with a list of five (5) potential Process arbitrators, be allowed two (2) strikes and the Claimants and Respondent(s) shall rank those potential Process Arbitrators in order of preference. JAMS shall select the Process Arbitrator with the highest combined preference (e.g., if both parties select a potential arbitrator as their top preference, that arbitrator will be selected). The parties agree that the Process Arbitrator must have the following minimum qualification: practicing attorneys or retired federal court judges who have at least ten years of substantive expertise in litigating and resolving of complex business disputes, including motions to compel arbitration and litigation or adjudication regarding whether disputes are arbitrable.
- Initial Dispositive Motions. In lieu of JAMS Rule 18, at the election of Claimants or Respondent(s), the parties shall have the right to submit dispositive motions at the outset of the arbitration in order to resolve issues other than the ultimate issue of fact that pertain to all Claimants or similar claims of subsets of Claimants. Such dispositive motions shall, by way of example, assert defenses such as failure to state a cause of action, to dismiss and affirmative defenses of the sort contemplated by Rule 12 of the Federal Code of Civil Procedure or entitlement to judgment on the pleadings. The parties agree and anticipate that the Process Arbitrator will establish and administer an efficient process for the Mass Arbitration Proceeding, including the resolution of threshold dispositive motions and the batching or grouping of claims where appropriate. The Parties agree that any dispositive motions shall be resolved and the remainder of the arbitral proceeding including any discovery shall be stayed pending resolution, absent good cause and immediate necessity to proceed.
- Batching by Process Administrator. It is the expectation of the parties that subsequent to the determination of threshold dispositive issues, that the Process Arbitrator shall batch, consolidate or otherwise group the remaining Demands or claims in the Mass Arbitration, whether for purposes of discovery, arbitrator appointments, merits hearings or otherwise.
- Process and Cooperation. As the Platform generally provides the same Services to all Users such that common issues of law and fact shall likely predominate in a Mass Arbitration, the parties shall endeavor to stipulate to an agreed expeditious process for resolution of initial dispositive motions, including but not limited to:
- The potential for a single Merits Arbitrator to decide the Dispositive Motions and issue a single reasoned award applicable to all claims and defenses;
- That a Merits Arbitrator(s) be appointed for claims and defenses remaining after determination of dispositive motions with as few batches or subsets of claims as reasonably practicable under the circumstances;
- That each batch or subset of claims shall result in the issuance of a single reasoned award applicable to such claims and defenses;
- The arbitration decision and award shall consist of a written statement signed by the Merits Arbitrator regarding the disposition of each claim and the relief, if any, as to each claim. Unless the parties agree otherwise, the award shall be a reasoned award and contain a concise written statement of the reasons for the award.
- Merits Arbitrator Selection for Mass Arbitration. In lieu of JAMS Rule 15, for each Merits Arbitrator to be appointed in the Mass Arbitration, the parties shall be presented with a list of eight (8) potential arbitrators, be allowed three (3) strikes and the Claimants and Respondent(s) shall rank those potential arbitrators in order of preference. JAMS shall select the arbitrator with the highest combined preference (e.g., if both parties select a potential arbitrator as their top preference, that arbitrator will be selected). The parties agree that any JAMS Merits Arbitrator presented on the strike list, must have the following minimum qualification: practicing attorneys or retired federal court judges who have at least ten years of substantive expertise in litigating and resolving of complex business disputes, including motions to compel arbitration and litigation or adjudication regarding whether disputes are arbitrable.
- Except as otherwise waived or limited under the Terms or this Agreement, the JAMS arbitrator shall be authorized to award any remedies, including equitable or injunctive relief, that would be available in an individual lawsuit.
- Reasoned Award.
- The arbitration decision and award shall consist of a written statement signed by the Merits Arbitrator regarding the disposition of each claim and the relief, if any, as to each claim. Unless the parties agree otherwise, the award shall be a reasoned award and contain a concise written statement of the reasons for the award;
- Appeals.
- You and Betr agree that any award issued by an Arbitrator in excess of $50,000 in favor of either party, any award which grants any form of declaratory or equitable relief that would significantly impact the operation of the Platform, or any award or finding that the Terms or Arbitration Agreement or provision thereof is unenforceable by either party or unconscionable may be appealed in accordance with the JAMS Optional Arbitration Appeal Procedures at either party’s election. In the event such an award or finding is part of an initial or interim award, the parties agree it may be appealed and that the remainder of the proceeding shall be stayed. The JAMS Optional Arbitration Appeal Procedures are available at https://www.jamsadr.com/appeal.
- Certification.
- By signing a demand for arbitration, a party certifies, to the best of their knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that: (i) the demand for arbitration is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (ii) the claims and other legal contentions are warranted by existing law or by a non-frivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (iii) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery. The Arbitrator shall be authorized to afford any relief or impose any sanctions available under Federal Rule of Civil Procedure 11 or any applicable state law (including attorney’s fees) for either party’s violation of this requirement.
- SEVERABILITY.
TO THE EXTENT ANY OF THE PROVISION OF THIS ARBITRATION AGREEMENT ARE NOT PERMITTED BY LAW OF ANY APPLICABLE JURISDICTION, SUCH PROVISIONS SHALL NOT APPLY AND SHALL BE DEEMED AS SEVERABLE AND STRICKEN FROM THE ARBITRATION AGREEMENT. THE PARTIES AGREE FURTHER THAT SUCH PROVISION(S) SHALL NOT AFFECT THE ENFORCEABILITY OF THE ARBITRATION AGREEMENT (Section 26), WHICH THE PARTIES AGREE SHALL REMAIN IN PLACE AND IN FORCE LESS ANY SUCH STRICKEN PROVISIONS. To the fullest extent allowable by law and equity, the parties agree that any such provision may be blue-penciled or otherwise construed by the forum presiding over any dispute to give effect to the intent of the parties and consistent with the overall purpose and intent of the agreement, and may be deemed replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision.
END OF SECTION 26 ARBITRATION AGREEMENT
27. Waiver of Jury Trial
EACH PARTY HEREBY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THE PLATFORM OR SERVICE OR ANY TRANSACTIONS BETWEEN THE PARTIES, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER THEORY.
28. General
A. Severability. If any part of these Terms is deemed unlawful, invalid, void, or for any reason unenforceable, then that part shall be deemed to be severed from the rest of these Terms and shall not affect the validity and enforceability of the remaining provisions. In the case of the severance of any terms and to the fullest extent allowable by law and equity, the parties agree that any such provision may be blue-penciled or otherwise construed by the forum presiding over any dispute to give effect to the intent of the parties and consistent with the overall purpose and intent of the agreement, and may be deemed replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision.
B. Waiver. No waiver of any provision of these Terms by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision and shall not relieve you from compliance with such obligations.
C. No Third-Party Beneficiaries. Unless otherwise expressly stated, nothing in these Terms shall create or confer any rights or remedies on any persons not party to these Terms.
D. Assignment. You may not assign, sublicense, or otherwise transfer in any manner whatsoever any of your rights or obligations under these Terms without our prior written consent. On occasion, we may require the ability to transfer, assign, or sublicense these Terms to a third party, for example (but without limitation) in the case of our engaging new third-party service providers or in the case of a merger or acquisition. You hereby consent, and we reserve the right to, transfer, assign, or sublicense these Terms, in whole or in part, to any person without requiring any additional consent and without notice.
E. Entire Agreement. These Terms contain the entire understanding of the Parties with respect to the matters contained herein and supersede and replace in its entirety any and all prior communications and contemporaneous agreements and understandings between the Parties, whether oral, written, electronic, or implied, and cannot be changed or modified by you except as posted on the Services by us. We each acknowledge that we have not relied on any representation, undertaking, or promise given by the other or implied from anything said or written in negotiations between us except as expressly stated in these Terms.
F. Headings; Interpretation. The section headings used herein are for convenience only and shall not be given any legal import. You agree that these Terms will not be construed against Betr by virtue of having drafted them. For purposes of these Terms, (i) the words “include,” “includes,” and “including” are deemed to be followed by the words “without limitation”; (ii) the word “or” is not exclusive (e.g., for a list of two alternatives, “or” means either of those alternatives or both alternatives); (iii) words denoting the singular have a comparable meaning when used in the plural, and vice-versa; and (iv) words denoting any gender include all genders. Unless the context otherwise requires, references in these Terms to a statute means such statute as amended from time to time and includes any successor legislation and any regulations created.
G. Investigations. We reserve the right, without any limitation, to: (i) investigate any suspected breaches of the Services’ security or its information technology or other systems or networks; (ii) investigate any suspected breaches of these Terms; (iii) investigate any information obtained by us in connection with reviewing law enforcement databases or complying with criminal laws; (iv) involve and cooperate with law enforcement authorities in investigating any of the foregoing matters; and (v) prosecute violators of these Terms. You acknowledge and agree that Betr may be bound (and will be entitled) to disclose, and may disclose, certain information about you and your User Account to comply with court orders, subpoenas, applicable law, and regulations.
H. Taxes. You are solely responsible for any taxes which apply to Your use of the Service and for reporting and paying any such taxes required by applicable law. Betr does not provide tax advice, nor should any statements in these Terms or on the Services be construed as tax advice.
I. Relationship Between Parties. Nothing in these Terms shall create or be deemed to create a partnership, agency, trust arrangement, fiduciary relationship, or joint venture between you and us.
J. Force Majeure. Betr will not be deemed in default, breach, or otherwise liable to you under these Terms for any loss or damage that you may suffer due to our inability to perform our obligations by reason of any act of God, fire, earthquake, blizzard, flood, hurricane, epidemic, pandemic, danger to public health or safety (whether or not officially declared by a government authority), accident, explosion, casualty, strike, lockout, labor controversy, riot, civil disturbance, act of public enemy, embargo, war, law, ordinance, regulation, legal order (unless caused by Betr’s default or breach hereunder), failure or delay of any transportation, power, or communications system, or any other act, omission, delay, or failure, not under Betr’s control. For the sake of clarity, if any of these circumstances arise, Betr’s performance obligations, if any, shall be delayed until such time as performance becomes reasonably practicable.
K. Notices. Notices and other communications delivered or mailed to the postal address or to the electronic-mail address provided by you shall, until we have received notice in writing of any different address, be deemed to have been personally delivered once sent, whether actually received or not.
L. Termination; Survival. Upon suspension or termination of your access to the Services, or upon notice from us, your License and other rights to access and use the Services will cease immediately, subject to Section 13.I, and you agree that you will immediately discontinue use of the Services except for property resolution permitted under Section 13.I. The provisions of these Terms, which by their nature should survive suspension or termination will survive, including the rights and licenses you grant to us in these Terms, as well as the indemnities, releases, disclaimers, and limitations on liability, and the provisions regarding jurisdiction, choice of law, no class action, and mandatory arbitration.
29. Terms Applicable to Apple iOS
If you are accessing or using any Apps through a device manufactured or sold by Apple, Inc. (“Apple”, with such a device herein referenced as an “Apple Device”):
A. The license granted to you in Section 19 of these Terms is subject to the permitted usage rules set forth in the Apple Media Services Terms and Conditions (see: https://www.apple.com/legal/itunes/us/terms.html) and any third-party terms applicable to the Apps.
B. To the extent that you are accessing an App through an Apple Device, you acknowledge that these Terms are entered into between you and Betr, and that Apple is not a party to these Terms other than as a third-party beneficiary as contemplated below.
C. You acknowledge that Betr, and not Apple, is responsible for providing the Apps and Content thereof.
D. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or any support services to you with respect to the Apps.
E. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apps.
F. Notwithstanding anything to the contrary herein, and subject to the these Terms, you acknowledge that, solely as between Apple and Betr, Betr, and not Apple, is responsible for addressing any claims you may have relating to the Apps, or your possession or use thereof, including: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
G. Further, you agree that if an App, or your possession and use of an App, infringes on a third party’s intellectual property rights, you will not hold Apple responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claims.
H. You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
I. When using an App, you agree to comply with any and all third-party terms that are applicable to any platform, website, technology, or service that interacts with the App.
J. You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
30. Terms Applicable to Google Play Store
If you are accessing or using one of our Apps through a device manufactured or sold by Google (“Google”, with such a device herein referenced as an “Google Device”):
A. To the extent that you are accessing an App through a Google Device, you acknowledge that these Terms are entered into between you and Betr, and that Google is not a party to these Terms other than as a third-party beneficiary as contemplated below.
B. You acknowledge that Betr, and not Google, is responsible for providing the Apps and Content thereof.
C. You acknowledge that Google has no obligation whatsoever to furnish any maintenance or any support services to you with respect to the Apps.
D. To the maximum extent permitted by applicable law, Google will have no other warranty obligation whatsoever with respect to the Apps.
E. Notwithstanding anything to the contrary herein, and subject to these Terms, you acknowledge that, solely as between Google and Betr, Betr, and not Google, is responsible for addressing any claims you may have relating to the Apps, or your possession or use thereof, including: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
F. Further, you agree that if an App, or your possession and use of an App, infringes on a third party’s intellectual property rights, you will not hold Google responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claims.
G. You acknowledge and agree that Google, and Google’s subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Google will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
H. When using an App, you agree to comply with any and all third-party terms that are applicable to any platform, website, technology, or service that interacts with the App.
I. You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
