TERMS AND CONDITIONS

Terms of Use

Welcome to www.betterside.co (the “Site”), owned and operated by Betterside, LLC (“Betterside”, “We”, “Us” or “Our”). Please read these terms of Use (“Terms”) carefully. 

By accessing or using the Site, or any of our Services (as defined below), you agree to be bound by these Terms and all policies or guidelines incorporated by reference. If you do not agree to all of the terms and conditions in these Terms, you do not have permission to use the Site or Services. We recommend you print a copy of these Terms for your records. 

We reserve the right, in our sole discretion and at any time, to change, modify, or amend any provisions of the Terms or policies and guidelines governing your use of the Site and the Services. Any such changes or modifications will be effective immediately upon posting of the revisions on the Site. Your continued use of the Site and the Services following the posting of such changes or modifications constitutes your acceptance thereof. Therefore, you should frequently review these Terms and all applicable policies or guidelines on the Site in order to understand the terms and conditions applicable to your use of the Site and the Services. If you do not agree to any changes or modifications to these Terms or to any applicable policies or guidelines on the Site, your sole recourse is to stop using the Site and the Services.

Privacy Policy

Maintaining your privacy is of the utmost importance to us. We will only use your e-mail address and telephone number for communications relating directly to communications and inquiries regarding the Site and in connection with the Services. We do not provide Site visitors access to information from or regarding other site visitors or our customers.

We reserve the right to modify or discontinue any or all of the Site or to terminate your access thereto, in our sole discretion and at any time.

We reserve the right to disclose any of your personal information to our employees and contractors, to the extent necessary for provision of the Services, to our legal and financial representatives, and as required to be disclosed by law or judicial order, but only to the extent required by such law or judicial order.

All emails and written correspondence sent to Betterside becomes property of Betterside.

Adult Users Only

The Site and the Services are not intended for children under the age of eighteen (18). If you are under 18, you are not authorized to use this Site, and will not be permitted to use or access the Services. By accessing the Site and using the Services, you represent and warrant that you are 18 or over.

Links

The Site may contain links to other websites that are not operated or controlled by Betterside. Use of these links to access other websites is at your own risk. Betterside is not responsible for the accuracy, reliability, or quality of any information or services provided or products sold at these websites. Betterside establishes links to other websites for the convenience of its users; however, such links are not intended to by endorsements of the other websites.

Other Sites’ Terms and Conditions

By using the Services, you represent and warrant that you have agreed to the terms and conditions of any and all online dating websites you are currently using or intend to use.  Please carefully read the privacy policies and other conditions of use on your online dating websites of choice to ensure that using the Services is permitted by the terms and conditions of any online dating site that you are currently using or intend to use.

Intellectual Property

The Site, and all content and other materials on the Site, including, but not limited to, the Betterside logo and design, text, graphics, logos, icons, images, photographs, audio clips, digital downloads, software and the selection, as well as any emails or documents prepared and/or sent to you by Betterside in connection with our newsletter and/or the Services, and arrangement thereof (collectively, the “Materials”) are our property and are protected by United States and international copyright laws.

Betterside, the Betterside logo, our Services packages, and any other product, service name, or slogan contained in the Site or through the Services are trademarks of Betterside, and may not be copied, imitated or used, in whole or in part, without our prior written consent. Additionally, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Betterside and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. 

License and Restrictions

We grant you a limited, non-sub-licensable, non-exclusive and revocable license to access and make use of the Site and the Materials, solely in accordance with and subject to these Terms and any other applicable policies or guidelines contained on the Site. Except as otherwise expressly permitted by these Terms, you may not do any of the following: (i) collect, use, copy or distribute any portion of the Site or the Materials; (ii) resell, publicly perform or publicly display any portion of the Site or the Materials; (iii) modify or otherwise make any derivative uses of any portion of the Site or the Materials; (iv) use any "deep-link," "page-scrape," "robot," "spider" or other automatic device, program, algorithm or methodology which perform similar functions to access, acquire, copy, or monitor any portion of the Site; (v) use the Site in a manner which results in the depletion of Web site infrastructural resources; (vi) download (other than page caching) any portion of the Site, the Materials or any information contained therein; or (vii) use the Site or the Materials other than for their intended purposes.

Representations

By using the Site and the Services, you represent, warrant, acknowledge and agree to the following:

1. Your use of the Site and the Services is in accordance with and does not violate these Terms;
2. Any and all information you provide to us is truthful and accurate;
3. You will not use the Site or the Services in any manner that may:
   1. Violate or infringe upon the rights of any third party, including, without limitation, any copyright, trademark, privacy, moral rights, contracts, or other personal or proprietary rights;
   2. Cause injury of any kind to any person or entity, including, but not limited to, any slander, libel or defamation; and
   3. Violate or encourage others to violate any applicable local, state, national, and international laws, rules, or regulations.
4. The Services and everything else offered by Betterside and on the Site are intended solely to be used for your online dating profile, and for no other purpose. For clarification, any comments or advice provided through the Services and information contained on the Site are not intended to be used or applied towards your interactions with any third parties met through online dating websites or in any other fashion. You are at all times solely responsible for any and all interactions, online or otherwise, with any individuals you meet and interact with through any online dating websites or in any other capacity. Betterside is in no way responsible for your conduct, as well as the conduct of any other person you date or interact with, through any online dating websites or in any other capacity.

The Services

Betterside offers the three different services to improve your online dating profile (together, the “Services”) that you can order by filling out the forms on the Site and paying the applicable fee. Betterside reserves the right to modify or alter the Services at any time. 

By purchasing the Services, you will be automatically opted in to receive our newsletter. If at any time you wish to opt out, you can do so directly from the newsletter itself or by emailing us at info@betterside.co. We do not share your email address with any third parties, other than those identified in our Privacy Policy, above.

These Services are:

1. The Essentials Package: If you select the ‘Essentials Package’, for $95, you will be entitled to the following:
   1. One (1) round of detailed feedback on the images on your dating profile;
   2. One (1) round of suggestions on what images to use and what order they should appear in;
   3. One (1) round of feedback on your current bio; and
   4. Three (3) new, uniquely written bios for you to use.
2. The Refresh Package: If you select the ‘Refresh Package’, for $165, you will be entitled to the following:
   1. One (1) round of detailed feedback on the images on your dating profile;
   2. One (1) round of suggestions on what images to use and what order they should appear in;
   3. One (1) round of feedback on your current bio; 
   4. Three (3) new, uniquely written bios for you to use; and
   5. Five (5) mood board decks, outlining detailed direction for you or a friend to create new photos showcasing your best self. These mood boards would include locations, poses, wardrobe, and vibe.
3. The Premium Package: THE ‘PREMIUM PACKAGE’ IS ONLY CURRENTLY AVAILABLE FOR CUSTOMERS IN CERTAIN CITIES IN THE UNITED STATES. PLEASE CONTACT BETTERSIDE FOR CONFIRMATION THAT IT IS AVAILABLE IN YOUR AREA PRIOR TO PURCHASING. If you select the ‘Premium Package’, for $350, you will be entitled to the following:
   1. One (1) round of detailed feedback on the images on your dating profile;
   2. One (1) round of suggestions on what images to use and what order they should appear in;
   3. One (1) round of feedback on your current bio; 
   4. Three (3) new, uniquely written bios for you to use; 
   5. One (1) two-hour shoot with a photographer in your area who will photograph you with Betterside’s direction (including wardrobe, location, posing, and vibe); and
   6. Five (5) edited photos from the Betterside photo shoot with recommendations for the order, including which one should be first

Termination of Services

Betterside may limit, suspend, or stop providing the Services to you if fail to comply with these Terms, or if you use the Site or the Services in a way that may cause legal liability to us or disrupts others’ use of the Services. Betterside may also suspend providing the Services to you if we are investigating suspected misconduct by you. In the event Betterside is required to stop providing you Services due to your misconduct, Betterside will be under no obligation to refund any amount you paid for Betterside’s Services, or to return any of your personal information provided to Betterside. 

Refund Policy

All purchases made on this Site are final. In no event shall you be entitled to a refund because of dissatisfaction with the Services or the results thereof, except as expressly authorized by Betterside, or to the extent otherwise required by applicable law.

Force Majeure

Betterside will not be liable to you if such Betterside is prevented from, or delayed in, performing any of its obligations under the Services by any cause beyond the reasonable control of that Party. For the purpose of this section, a cause shall be any interruptions, acts, events, omissions or accidents that would affect any person similarly situated, including, without limitation, strikes, lockouts or other industrial disputes, failure of a utility service or transport network, act of God, war, riot, terrorism, or material changes in any law or governmental order, rule, regulation or direction directly applicable to the performance of the Services or other obligations under this Agreement) but shall not be beyond the reasonable control of such party when peculiar to such party (such as financial inability or ordering materials requiring a long lead time).

Indemnity

You agree to defend, indemnify, and hold harmless Betterside and Betterside’s parents, subsidiaries, partners, principals, members, officers, employees, representatives, contractors, and permitted assigns (each, an “Indemnified Party”) from and against any and all third-party claims, liabilities, deficiencies, judgments, awards, settlements, damages, losses, fines, injuries, penalties, fees, costs and expenses (including reasonable attorney’s fees and expenses in connection with your use of the Site, the Services, any breach of, or gross negligence or willful misconduct in connection with the Terms, or any other act or omission by you.

BETTERSIDE WARRANTY AND LIMITATION OF LIABILITY

BETTERSIDE MAKES NO GUARANTEES OR REPRESENTATIONS OF ANY NATURE, INCLUDING ANY REPRESENTATIONS OR GUARANTEES WITH RESPECTS TO RESULTS FROM USING THE SERVICES REGARDING YOUR DATING SUCCESS. IN NO EVENT SHALL BETTERSIDE, ITS EMPLOYEES, CONTRACTORS, AND REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES, ARISING OUT OF OR RELATED TO THE TERMS. IN NO EVENT SHALL BETTERSIDE’S LIABILITY ARISING OUT OF YOUR USE OF THE SERVICES EXCEED THE TOTAL COMPENSATION PAID TO BETTERSIDE BY YOU FOR THE SERVICES. 

Assignment

You may not assign or transfer any rights, duties, or obligations associated with the Services without prior written consent of Betterside. Any purported attempt to do so shall be null and void.

Betterside may assign or transfer any of the rights, duties, or obligations contained in these Terms or associated with the Services without your consent, provided that Betterside shall assume all of Betterside’s obligations thereunder.

Severability

If any provisions of these Terms are found to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not impair, affect, or render invalid or unenforceable any other provision of these Terms, and such invalid or unenforceable provision shall be replaced by a provision that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable provision.

Waiver

Any failure by Betterside to enforce any provision contained in these Terms will not be construed as a waiver by Betterside of its right to enforce that provision or any other provision of these Terms, and will not operate as an amendment to these Terms.

Headings and Construction

The headings within these Terms are purely for convenience and are not to be used as an aid in interpretation. These Terms shall not be construed against any party to these Terms as the author or drafter of the Terms.

Jurisdiction and Governing Law

These Terms shall be governed and construed in accordance with the laws of the State of New York, without regard to the principles of conflicts of law. Any action or claim brought under these Terms or for any matter arising out of or in any way relating to this Site or the Services shall be heard in and venue shall be located in Kings County in the State of New York.

Entire Agreement

These Terms constitute the entire agreement of the Parties in connection with the use of the Site and the Service. It is expressly warranted by you that no promises or inducements have been offered except those set forth in these Terms. 

E-Sign Act

You agree that the Terms, and your use of the Services, are governed by the Electronic Signatures in Global and National Commerce Act (the “E-Sign Act”), 15 U.S.C. 7000, et seq., and may not be denied legal effect, validity, or enforceability solely because it is in electronic form. By choosing to contact and work with Betterside, which indicates your agreement to be bound by the Terms, you affirmatively adopt making this selection as your signature and the manifestation of your consent to be bound by the Terms.

Reports and Additional Information

If there is any additional information you would like regarding these Terms, or you believe there is a violation of these Terms and you would like to report it to us, please direct the information to info@betterside.co. Any reports of violations you submit to us, including your identity, may not be kept confidential. In response to your report, we may take actions in accordance with these Terms or other applicable agreements between us and the alleged violator of the Terms, and may pursue other remedies available under all applicable local, state, federal or international laws, regulations, rules, orders and other requirements, now or hereafter in effect. However, we are under no obligation to respond to any reports we receive. Please note that a personal reply to reports you submit to us may not always be possible.