Better Habits LLC Terms and Conditions

Effective Date: 10/08/2024

Please read these Terms and Conditions ("Terms") carefully before using the Better Habits LLC website and its Content (“Website,” “Service,” “Content”) operated by Better Habits LLC (“Company,” "us," "we," or "our"). The term “you” refers to the user or viewer of getbetterhabits.com (“Website”).

These Terms require the use of arbitration on an individual basis to resolve disputes, rather than jury trials, and limit the remedies available to you in the event of a dispute. You fully understand and agree that by using our Website and its Content, you are waiving certain legal rights, and you are voluntarily agreeing to do so.

Please read these Terms carefully. We reserve the right to change these Terms on the Website at any time without notice, and by using the Website and its Content, you are agreeing to the Terms as they appear, whether or not you have read them. If you do not agree with these Terms, please do not use our Website or its Content.

Website Use and Consent

The information, including but not limited to words, design, layout, graphics, photos, images, information, materials, documents, data, databases, podcast episodes, videos, audio guides, books, and all other information, and intellectual property accessible on or through this Website (collectively, “Content”) is our property and protected by United States intellectual property laws.

If you have purchased a service, program, product, or subscription or otherwise entered into a separate agreement with us, you will also be subject to the terms of that agreement or those terms of use, which shall prevail in the event of a conflict. Online purchases have additional terms of use relating to the transaction.

By accessing or using this Website and its Content, you represent and warrant that you are at least eighteen (18) years old and that you agree to and abide by these Terms. Any registration by, use of, or access to the Website and its Content by anyone under age eighteen (18) is unauthorized, unlicensed, and in violation of these Terms.

Accounts

When you create an account with us, you must always provide us with accurate, complete, and current information. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password you use to access the Service and for any activities or actions that occur under it, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any security breach or unauthorized use of your account.

You agree that you are using your own judgment in using our Website and its Content and you agree that you are doing so at your own risk. You agree and understand that you assume all risks and no results are guaranteed in any way related to this Website and/or any of its Content. This Website and its Content are merely to provide you with information and tools to help you make your own decisions for yourself. You are solely responsible for your actions, decisions, and results based on the use, misuse, or non-use of this Website or its Content.

Intellectual Property Rights

Our Limited License to You. The phrase “Better Habits LLC” this Website and its Content is property solely owned by us and/or our affiliates or licensors unless otherwise noted, and it is protected by copyright, trademark, and other intellectual property laws.

If you view, purchase or access our Website or any of its Content, you will be considered our Licensee. For the avoidance of doubt, you are granted a revocable, non-transferable license for personal, non-commercial use only, limited to you only.

When you purchase or access our Website or any of its Content, you agree that

• You will not copy, duplicate or steal our Website or Content. You understand that doing anything with our Website or its Content that is contrary to these Terms and the limited license we are providing to you herein is considered theft, and we reserve our right to prosecute theft to the full extent of the law.

• You are permitted from time to time to download and/or print one copy of individual pages of the Website or its Content, for your personal, non-commercial use, provided that you give us full attribution and credit by name, keep intact all copyright, trademark, and other proprietary notices and, if used electronically, you must include the link back to the Website page from which the Content was obtained.

• You may not in any way at any time use, copy, adapt, imply or represent that our Website or its Content is yours or created by you. By downloading, printing, or otherwise using our Website Content for personal use you in no way assume any ownership rights of the Content—it is still our property.

• You must receive our written permission before using any of our Website Content for your own business use or before sharing with others. This means that you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, market, create derivative works, exploit, or distribute in any manner or medium (including by email, website, link, or any other electronic means) any Website Content because that is considered stealing our work.

• We are granting you a limited license to enjoy our Website and its Content for your own personal use, not for your own business/commercial use or in any that earns you money unless we give you written permission that you may do so.

As a Licensee, you understand and acknowledge that this Website and its Content have been developed or obtained by us through the investment of significant time, effort, and expense and that this Website and its Content are valuable, special, and unique assets of ours which need to be protected from improper and unauthorized use. We clearly state that you may not use this Website or its Content in a manner that constitutes an infringement of our rights or that has not been authorized by us.

The trademarks and logos displayed on our Website or its Content are trademarks belonging to us, unless otherwise indicated. Any use including framing, meta tags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without our written permission.

All rights not expressly granted in these Terms or any express written license are reserved by us.

Your License to Us. By posting or submitting any material on or through our Website such as comments, posts, photos, images or videos or ootehr contributions, you are representing that you are the owner of all such materials and you are at least eighteen (18) years old.

When you voluntarily submit to us or post any comment, photo, image, video or any other submission for use on or through our Website, you are granting us, and anyone authorized by us, consent to make it part of our current or future Website and its Content. This right includes granting us proprietary rights or intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by us to you. You may, however, at any time, ask us to delete this information. Your rights regarding this personal information can be found in our Privacy Policy.

You acknowledge that we have the right but not the obligation to use any contributions from you and that we may elect to cease the use of any such contributions on our Website or in our Content at any time for any reason.

Request for Permission to Use Content

Any request for written permission to use our Content, or any other intellectual property or property belonging to us, should be made BEFORE you wish to use the Content by sending an e-mail to hello@getbetterhabits.com.

We very clearly state that you may not use any Content in any way that is contrary to these Terms unless we have given you specific written permission to do so. If you are granted permission by us, you agree to use the specific Content that we allow and ONLY in the ways for which we have given you our written permission. If you choose to use the Content in ways that we do not specifically give you written permission, you agree now that you will be treated as if you had copied, duplicated, and/or stolen such Content from us, and you consent to immediately stop using such Content and to take whatever actions as we may request and by the methods and in the time frame that we prescribe to protect our intellectual property and ownership rights in our Website and its Content.

Digital Millennium Copyright Act. We respect others’ copyright and intellectual property rights. However, if you believe that the Content on this Website infringes upon any copyright owned by you and was posted on our Website without your authorization, you may provide us with notice requesting that we remove the information from the Website. Any request should only be submitted by you or an agent authorized to act on your behalf to hello@getbetterhabits.com.

Links To Other Websites

We may provide links and pointers to other websites maintained by third parties, which may take you outside of our Website or its Content. These links are provided for your convenience, and the inclusion of any link in our Website or its Content to any other website does not imply our endorsement, sponsorship, or approval of that website or its owner. We do not endorse, and we are not responsible for, the views, opinions, facts, advice, statements, errors, or omissions provided by external resources referenced in our Website or its Content or their accuracy or reliability. We have no control over the contents or functionality of those websites, and so we accept no responsibility for any loss, damage, or otherwise, that may arise from your use of them. It is your responsibility to review the terms and conditions and privacy policies of those linked websites to confirm that you understand and agree with those policies.

Limitations on Linking and Framing. You may establish a hypertext link to our Website or Content so long as the link does not state or imply any sponsorship, endorsement, or ownership with our Website or Content and does not state or imply that we have sponsored, endorsed, or have ownership rights in your website. However, you may not frame or inline link our Content without our written permission.

By purchasing and/or using our Website and its Content in any way or for any reason, you also implicitly agree to our full Disclaimer on this Website.

Sales, Delivery, and Returns

All sales are conducted through our website and payment processing platform. Subscriptions and digital products are posted on our Website when available. After our free consultation calls, a draft invoice may be provided for you to look over, and payment is due upon agreement with the services we will provide. Visit our Refund Policy page for details on when refunds are allowed.

Your Conduct

You are agreeing that you will not use our Website or its Content in any way that causes or is likely to cause the Website, Content, or access to them to be interrupted, damaged or impaired in any way. You understand that you are solely responsible for all electronic communications and content sent from your computer to this Website and its Content and to us.

You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so or for whom you have obtained the express consent to provide their name, address, method of payment, credit card number, and billing information.

You agree to be financially responsible for all purchased made by you or someone acting on your behalf through the Website or its Content. You agree to use the Website and its Content for legitimate, non-commercial purposes only and not for speculative, false, fraudulent, or illegal purposes.

You must use the Website and its Content for lawful purposes only. You agree that you will not use the Website or its Content in any of the following ways:

• For fraudulent purposes or in connection with a criminal offence or otherwise carry out any unlawful activity.

• To send, use or re-use any material that is illegal, offensive, abusive, indecent, harmful, defamatory, obscene or menacing, threatening, objectionable, invasive of privacy, in breach of confidence, infringing of any intellectual property rights, or that may otherwise may injure others.

• To send, negatively impact, or infect our Website or its Content with software viruses or any other harmful or similar computer code designed to adversely affect the operation of any computer software or hardware, commercial solicitation, chain letters, mass mailing, or any spam, whether intended or not.

• To cause annoyance, inconvenience or needless anxiety.

• To impersonate any third party or otherwise mislead as to the origin of your contributions.

• To reproduce, duplicate, copy, or resell any part of our Website or its Content in a way that is not in compliance with these Terms or any other agreement with us.

Online Commerce

Certain sections of the Website or its Content may allow you to make purchases from us or from other merchants. If you make a purchase from us on or through our Website or its Content, all information obtained during your purchase or transaction and all of the information that you give as part of the transaction, such as your name, address, method of payment, credit card number, and billing information, may be collected by both us, the merchant, and our payment processing company. Please review our Privacy Policy for how we comply with securing your personal data.

Your participation, correspondence, or business dealing with any affiliate, individual, or company found on or through our Website, all purchase terms, conditions, representations, or warranties associated with payment, refunds, and/or delivery related to your purchase, are solely between you and the merchant. You agree that we shall not be responsible or liable for any loss, damage, refunds, or other matters of any sort incurred as the result of such dealing with a merchant.

Payment Methods

We use Squarespace Payments to accept the following payment methods: Visa, Mastercard, AMEX, Discover, Apply Pay, Afterpay, Klarna, and ACH.

Payment processing companies and merchants may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies of the payment processing companies and merchants. In addition, when you make certain purchases through our Website or its Content, you may be subject to the additional terms and conditions of a payment processing company, merchant, or us that specifically apply to your purchase. For more information regarding a merchant and its terms and conditions that may apply, visit that merchant’s Website and click on its information links or contact the merchant directly.

You release us, our affiliates, our payment processing company, and merchants from any damages that you incur and agree not to assert any claims against us or them arising from your purchase through or use of our Website or its Content.

Emails

You’ll receive an automated email within 24 hours after you abandon your shopping cart. You can unsubscribe from these messages at the bottom of the email.

We may send you marketing emails when we run specials (ex. Cyber Monday, May Mental Health). You can unsubscribe from these messages at the bottom of the email.

If you’ve joined our newsletter email list, we will send you our free newsletter. You can unsubscribe from these messages at the bottom of the email.

We may email you with messages about your appointment, order, or account activity. It’s not possible to unsubscribe from these messages. We share your contact information with Squarespace, our website hosting provider, and Acuity, our booking provider, so they can send these emails to you on our behalf.

Termination

We reserve the right in our sole discretion to refuse or terminate your access to the Website and its Content, in full or in part, at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the Website or Content affected by such cancellation or termination. The restrictions imposed on you in these Terms with respect to the Website and its Content will still apply now and in the future, even after termination by you or us.

Indemnification, Limitation of Liability and Release of Claims

Indemnification. You agree at all times to defend, indemnify, and hold harmless our Company, as well as any of our affiliates, agents, contractors, officers, directors, shareholders, employees, joint venture partners, successors, transferees, assignees, and licensees, as applicable, from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to our Website, it's Content or your breach of any obligation, warranty, representation or covenant set forth in these Terms or in any other agreement with us.

Limitation of Liability. Unless otherwise limited by law, we will not be held responsible or liable in any way for the information, products, or materials that you request or receive through or on our Website and its Content. We do not assume liability for accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, or otherwise, due to any act or default of anyone or any business, whether owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise, affiliated with us. We do not assume liability for any owners, staff, agents, joint venture partners, contractors, vendors, affiliates, or otherwise who are engaged in rendering our Website or its Content in any way or in any location. In the event that you use our Website and its Content or any other information provided by us or affiliated with us, we assume no responsibility unless otherwise provided by law.

Release of Claims. In no event will we be liable to any party for any type of direct, indirect, special, incidental, equitable, or consequential damages for any use of or reliance on our Website and its Content or on those affiliated with us in any way, and you hereby release us from any and all claims; including, without limitation, those related to lost profits, personal or business interruptions, personal injuries, accidents, misapplication of information, or any other loss, physical or mental disease, condition or issue, or otherwise, even if we are expressly advised of the possibility of such damages or difficulties.

Governing Law

These Terms shall be governed and construed per Virginia, United States laws, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held invalid or unenforceable by a court, the remaining provisions will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice before any new terms take effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you disagree with the new terms, please stop using the Service.

Dispute Resolution

We hope that if we ever have any differences, we can work them out amiably through e-mail correspondence. However, should a dispute ever arise between us, we agree now that we will submit to binding arbitration before a single arbitrator, selected jointly, in accordance with the American Arbitration Association Rules. Any judgment on an arbitrator’s award, if made, is binding and may be entered into any court having the appropriate jurisdiction. Prior to seeking arbitration, you must submit your concerns to Better Habits LLC via email in an attempt to resolve the situation prior to resorting to arbitration. By agreeing to these Terms, you agree to a modification of the statute of limitations such that any arbitration must be commenced within one (1) year of the date of the act, omission, or other conduct complained of as submitted by you in email or shall otherwise be forfeited forever. You also agree that should arbitration take place, it will be held in Alexandria City County, Virginia, and the prevailing party shall be entitled to all reasonable attorney’s fees and costs necessary to enforce the Agreement. These Terms shall be construed according to the laws of the State of Virginia. If these Terms, or any part therein, is construed to be invalid or unenforceable, it shall not affect the validity or enforceability of the remainder of the Terms, which shall be given full force and effect.

Contact Us

If you have any questions about these Terms, please contact us at hello@betterhabits.com.