Terms and Conditions
TERMS AND CONDITIONS OF SARAHWALTON.COM, BETTERWAYMOMS.COM, THEMONEYMINDSETCOURSE.COM, AND BETTERWAYTOSTARTTHEDAY.COM
LAST UPDATED FEBRUARY 25, 2023
INTRODUCTION.
The websites Sarahwalton.com, Betterwaymoms.com, Themoneymindsetcourse.com, and Betterwaytostarttheday.com are owned by Better Way Moms, LLC, a New Jersey Limited Liability Company (“Company”).
These Terms and Conditions disclose our policies for how you may use our websites and any of our content, programs, products, and services. They outline your rights and obligations with regard to our websites. These Terms and Conditions apply to all site visitors, customers, and all other users of the sites. Your use of our websites, and any information that you provide to us, is subject to these Terms and Conditions.
By accessing any of our websites, you are using them, and you acknowledge that you have read these Terms and Conditions and consent to be bound by all of their terms and all of the terms of our Privacy Policy, without modification. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS, NAVIGATE AWAY FROM THIS WEBSITE.
DEFINITIONS.
“Websites and website”= Sarahwalton.com, Betterwaymoms.com, Themoneymindsetcourse.com, and Betterwaytostarttheday.com, and all content on Sarahwalton.com, Betterwaymoms.com, Themoneymindsetcourse.com, and Betterwaytostarttheday.com and all services offered on Sarahwalton.com, Betterwaymoms.com, Themoneymindsetcourse.com, and Betterwaytostarttheday.com.
“We,” “us,” and “our” = Better Way Moms, LLC.
“User,” “visitor,” “you,” and “your” = website visitors, customers, and any other users of our websites.
“Service” and “Services” = (but are not limited to) information, promotional newsletters, digital products, physical products, coaching services, group programs, podcast content, video content, membership programs and blogs.
“Content” = all intellectual property, proprietary information, trademarked and copyrighted material, and all original works on our websites and in our Services, including, but not limited to words, documents, program names, blog posts, data, information, design, website layout, artwork, graphics, color scheme, logos, proprietary information, branding, photographs, audio recordings, and videos recordings.
“Personal Information” = information we may collect, use, request, or that you may provide to us voluntarily, and which may be used to identify you. Personal Information may include, but is not limited to, your name, email address, phone number, billing address, and credit card information.
YOUR USE OF OUR WEBSITES.
You must be 18 years of age or older to view our websites. If you are not 18 and do not have the power to enter into this Agreement, you are an unauthorized user and in violation of this Agreement. By using our websites, you affirm that you are 18 years of age or older.
If you are caught violating any of these Terms and Conditions, we reserve the right to immediately terminate your access to our websites, Services, and access to any program you may have purchased from us, without refund, and to prosecute you to the full extent of the law.
YOUR CONDUCT ON OUR WEBSITES.
1) Lawful Purposes Only.
You agree to use our websites for lawful, legitimate, non-commercial purposes only. You agree not to post or transmit through our websites any unsolicited advertising or solicitation, mass mailing, petitions for signatures, chain letters, or any other form of “spam.”
2) As It Relates to Others.
You agree not to post or transmit through our websites any material which infringes on the intellectual property rights of any person or entity and you agree to hold us harmless should you do so.
You agree not to post or transmit through our websites any material which violates or infringes on the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable. You agree not to post or transmit through our websites any material which contains injurious formulas, recipes, or instructions, which encourage a criminal offense, give rise to civil liability, or otherwise violate any law.
You agree not to post or transmit through our websites any material which would constitute cyberbullying, stalking, abusing, sexually exploiting, violently exploiting, or harassing any other users of our websites. We have a zero-tolerance policy and a violation of this term will result in your comments being immediately removed and we reserve the right to prosecute to the fullest extent of the law.
You acknowledge and agree that we have sole discretion as to whether your content is objectionable, and we have the right to remove it without explanations or legal consequences. You also acknowledge and agree that should your content give rise to further legal action, we reserve our right to pursue, and if a third party should choose to take legal action against you based on content you posted or transmitted on our websites, you agree to hold us harmless and fully indemnify us for any actions or consequences that result. You agree that we are in no way liable to you for any defamatory or injurious conduct of any other user and agree to release us from any and all claims arising from such conduct.
3) As It Relates to Technology.
You agree not to post or transmit through our websites any content which contains software viruses or other harmful computer software which interferes with or disrupts the operation of our websites or any computer hardware or software. You acknowledge and agree that you are solely responsible for all electronic communications sent to us from your computer, phone, tablet, or other devices.
OUR MATERIALS.
1) Intellectual Property.
All of the Content on our websites and included in our Services, unless clearly stated otherwise, is solely owned by Better Way Moms, LLC, and is protected by United States and international copyright, trademark, and other intellectual property laws, which prohibit its unauthorized use.
Visitors may view all publicly-available Content for their own personal, non-commercial use. Registered Users who have purchased any product or service, may download onto their own machines and view any Content contained in such purchased product or service for their own personal, non-commercial use.
Other than as expressly set forth in the immediately two prior sentences, you agree not to copy, reproduce, duplicate, modify, publish, transmit, replicate on another website, create derivative works from, sell, assist in the sale of, distribute, display, perform, or in any other way, exploit our content or any of our intellectual property, in whole or in part, whether manually or by electronic means, whether or not you have purchased such information, without the express written consent of Better Way Moms, LLC.
We perform regular and routine searches for any infringing uses of our copyrighted material. If you wish to use our Content for any purpose other than viewing it for your own personal use, we offer licenses starting at $5,000. If it is discovered that you are using our Content other than in the ways expressly allowed by these Terms and Conditions, we will notify you and bill you accordingly. We also reserve the right, if such a violation is discovered, to immediately terminate your access to our websites and our Services, without refund, and prosecute you to the fullest extent of the law.
When you view our websites we grant you a limited, revocable, non-transferable license for personal, non-commercial use only.
You acknowledge and agree that our websites consists of original work which has been produced with care, creativity, and a significant investment of time, effort, and expense and needs to be protected from unauthorized use. You may not represent any of our Content as your own and you acknowledge and agree that to do so constitutes theft and is a violation of our intellectual property rights. You agree not to share purchased materials with others who have not purchased them. You acknowledge and agree not to use our Content to gain profit, or attempt to gain profit, whether financially, or in any other way.
All of the copyrights on our websites are solely owned by Better Way Moms, LLC. Our logos, tag lines, names, icons, and design elements are trademarks belonging to Better Way Moms, LLC which help consumers identify us, and are protected by United States Intellectual Property law. You agree not to use them in any way that is likely to cause confusion among consumers, implies a connection between us, an endorsement by us, or discredits our brand in any way.
Elements of the Websites are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors. None of the Content may be retransmitted without our express, written consent for each and every instance.
All rights not expressly granted here or by express written consent are reserved by us.
2) Digital Millennium Copyright Act
Better Way Moms LLC respects the intellectual property rights of others and attempts to comply with all relevant laws. We will review all claims of copyright infringement received and remove any Content deemed to have been posted or distributed in violation of any such laws.
Our designated agent under the Digital Millennium Copyright Act (the “Act”) for the receipt of any Notification of Claimed Infringement which may be given under that Act is as follows:
Better Way Moms LLC
50 Spring Street
Cresskill, New Jersey 07626
If you believe that your work has been copied on the websites in a way that constitutes copyright infringement, please provide our agent with notice in accordance with the requirements of the Act, including (i) a description of the copyrighted work that has been infringed and the specific location on the websites where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, telephone number and email address; (iv) 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; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
3) Express Written Permission.
Requests for express written permission to use any of the Content on our websites or in our Services shall be made prior to such use, in accordance with these Terms and Conditions and can be addressed to info@sarahwalton.com.
4) Our Free Materials.
If you choose to download a free resource from our website, you acknowledge and agree that this free resource is to be used for your personal non-commercial use only. You agree not to edit, distribute or copy this free resource in any way. You agree that if you share this free resource you will provide Better Way Moms, LLC proper credit and you will not represent the material to be your own. You further agree that you will not attempt to profit financially or in any other way from this free resource.
5) Our Newsletter.
If you choose to “opt-in” or subscribe to our free newsletter, in exchange for providing your email address, you acknowledge and agree that you are subscribing to a free, no-obligation “advice” email newsletter and that no purchase is necessary to participate. You agree that if you no longer wish to be subscribed to our newsletter, you may “opt-out” or unsubscribe, at any time, by clicking on the link provided at the bottom of every newsletter, or by contacting us at info@sarahwalton.com. If you are unable to remove yourself from our free newsletter, you agree that the minimal intrusion of receiving our free newsletter will cause you no personal, emotional, or financial harm, and you will take no action against us for any damages or injuries.
If you choose to “opt-in” you agree to receive communications from us electronically and acknowledge and agree that we may provide notices or disclosures to you in electronic form.
YOUR MATERIALS.
1) Intellectual Property.
You may have the opportunity to upload, post, submit or otherwise transmit material (“Your Material”) to our website. You expressly acknowledge and agree that once you submit Your Material for inclusion into the Websites, it will be accessible by others, and that there is no confidentiality or privacy with respect to such Registered User Content, including, without limitation, any personally identifying information that you may make available. YOU, AND NOT BETTER WAY MOMS LLC, ARE ENTIRELY RESPONSIBLE FOR ALL YOUR REGISTERED USER CONTENT THAT YOU UPLOAD, POST, EMAIL, OR OTHERWISE TRANSMIT VIA THE WEBSITES.
By posting any of Your Material, you automatically warrant and guarantee that you are the owner of that material and its copyright, or that you have the express permission of the owner and copyright holder to post it on our website. The responsibility of determining whether you own Your Material and have permission to upload, post, submit or otherwise transmit the material is entirely yours. You acknowledge and agree that we are in no way liable for any material you may upload, post, submit, or otherwise transmit to our website. You acknowledge and agree that you are solely liable for any damage or injury which results in any way from Your Material, including any damages from copyright, trademark, or proprietary rights infringement. You agree to hold us harmless from and against all claims and liabilities arising from any potential or actual infringement and or violation claimed against you. By uploading, posting, submitting, or otherwise transmitting Your Material, you automatically warrant and guarantee that you are not violating any laws, rules, regulations, or rights of third parties.
2) Security of Your Materials.
If you upload, post, submit or otherwise transmit Your Material via our website, you acknowledge and agree that third parties may see and have access to that content. We do not make any warranties or guarantees regarding the security of any content that you upload, post, submit or otherwise transmit to our website.
3) Our License to Your Materials.
When you upload, post, submit or otherwise transmit Your Material to our website, you grant us an irrevocable worldwide, royalty-free, non-exclusive license to the content, in perpetuity, without any credit or compensation to you. This license grants us the right to use Your Materials for any purpose, including, to modify, change, transmit, publish, perform, sub-license, reproduce, broadcast, post, sell, create derivative works of or distribute, for promotional, business development, and marketing purposes, in whole or in part, in any way now known or developed in the future. You also grant us proprietary rights and intellectual property rights to Your Material without any additional permission needed from you or compensation to you by us. You also grant us the right to use Your Material and to identify you, or not identify you, as the author/uploader of Your Material by using your name, email address, photograph or screen name, or any other reasonable manner of identification.
4) Your Account.
To access certain Services on our website, you may be required to create an account, including a username and password, or provide other Personal Information such as your name and email address. In order to purchase our Services, you will also be required to submit payment information and a billing address. You acknowledge and agree that any information you provide to us is voluntary and if you do not wish to disclose such information, you can refrain from using our websites and Services. You agree that any information you provide to us will be accurate and up to date. You agree not to impersonate someone else or provide an email address other than your own and you acknowledge and agree that should information you provide to us prove to be inaccurate or if you choose to impersonate another, this may constitute a legal violation and you agree to be financially and legally responsible for any consequences that may result. You agree not to use your account in a way that is illegal, unauthorized, or violates any laws in your jurisdiction. You agree to promptly inform us of any need to deactivate a password or username, or change any unique identifier. We reserve the right to delete or change your password or username, or change any unique identifier at any time and for any reason and shall have no liability to you for any loss or damage caused by such action.
5) Other Communications.
Although we encourage you to email us, we do not want you to, and you should not, email us any content that contains confidential information. With respect to all emails and communications you send to us, including, but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production, and marketing of products and services that incorporate such information without compensation or attribution to you.
TESTIMONIALS.
All testimonials posted on our websites have been provided voluntarily, are factual, and reflect the real-life experiences of users of our Services. Any testimonials, earnings, or examples shown through our websites, programs, and/or services are only examples of what may be possible. You acknowledge and agree that Better Way Moms, LLC has not and does not make any representations as to the future income, expenses, sales volume, or potential profitability or loss of any kind that may be derived as a result of use of our websites, programs, products or services. You acknowledge and agree that these testimonials are not a guarantee that you will have the same or similar results.
THIRD-PARTY RESOURCES.
Our websites may contain links or recommendations to third-party websites and resources, including but not limited to, photography, business, technology, health, or other related services. You agree that these are only recommendations and Better Way Moms, LLC is in no way liable for the services provided by any third. You acknowledge and agree that we are not responsible or liable for the functionality, accuracy, content, and policies of these third-party websites or resources. A link on our websites to a third-party website or resource does not imply any endorsement by, affiliation with, or approval of that third-party website and its resources.
These third-party websites and resources may have their own Terms and Conditions and Privacy Policies and you acknowledge and agree that it is your sole responsibility to review those Terms and Conditions and Privacy Policies. We make no guarantees or warranties regarding the functionality, legality, or accuracy of any content on third-party websites or resources. We accept no responsibility for any loss, damage, or injury that may result from your use of them. You acknowledge and agree that you are solely responsible for, and assume all risk arising from, your use of any third-party websites or resources.
COMMERCE.
We may offer Services for purchase on our website. You acknowledge and agree that by making a purchase on our websites, you are subject to these Terms and Conditions, including our refund policy.
1) Services and Pricing.
Although we strive to be as clear as possible in describing our Services and listing their correct prices, you acknowledge and agree there may be inaccuracies on our website. The prices advertised on our websites are subject to change. If a discrepancy in pricing is discovered, we will inform you as soon as possible and allow you to purchase at the correct price or cancel your purchase. We reserve the right to refuse or cancel any order with an incorrect price listing. We reserve the right to change or discontinue any Services or features listed on the website, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment. We reserve the right to change our prices at any time, with no notice required. Our Services are offered subject to acceptance of your order. We reserve the right to refuse to sell a Product or service to you, with no obligation to assign reason for doing so.
2) Financial Responsibility.
If you elect to purchase a Service and you make a payment through our website, your Personal Information, including (but not limited to) your full name, address, telephone number, email, method of payment, credit card number and billing information may be collected by us and by an authorized third-party payment processor. You agree that all information you furnish for such purposes will be accurate, complete, and up-to-date. You warrant and guarantee that you are an authorized user of the credit card or account you use to place your order and that there are sufficient funds in your account to cover your purchase.
You acknowledge and agree that you are financially responsible for any purchases you make through our website, or by another person authorized by you to act on your behalf. If it is discovered that you charged an unauthorized payment using a credit card or account belonging to someone other than yourself, you acknowledge and agree that you alone remain financially responsible for such purchases.
Upon execution of any Purchase on our websites, you agree to pay the full purchase amount for one-time purchases, or the subscription payments as agreed upon for a specific course.
In the event you fail to make the payment, Better Way Moms, LLC has the right to immediately disallow your participation by until payment is paid in full, including disallowing access to modules, materials, and coaching calls. If you have not made your payment within fourteen (14) days, Better Way Moms, LLC has the right to terminate your access.
3) Safety of Your Personal Information.
Although we take measures to safeguard your Personal Information, we make no guarantees or warranties regarding its safety or our ability to prevent its loss or misuse. You acknowledge and agree that we are not liable for any unauthorized access to or use of your information, regardless of negligence, failures, tort, breach of implied or express contract, or other causes of action, regardless of damages. You acknowledge and agree that in no event, shall total liability exceed the price of the Services that you purchased from us, or if you have not purchased our Services, then in no event shall totally liability exceed $100 to any one person or collective plaintiffs.
We may use third-party payment processors to complete the commercial transactions for the Services on our website. You acknowledge and agree that those third-party payment processors may have terms, conditions, and policies that are different from those that govern our website. You agree that we are not liable for the terms, conditions, and policies of any third-party payment processor. You acknowledge and agree that by making a purchase on our website, you may also be subject to the terms, conditions, and policies of these third-party payment processors and, by making such purchase, you agree to comply with their terms, conditions, and policies. We encourage you to visit their websites and read their policies prior to making any purchases on our website. You agree to release us, and any third payment processor we may use, from any claims for damages you may incur as a result of making a purchase from us, and agree not to file any claims against us or any third payment processor we may use, arising from your purchase through our website.
4) Separate Purchase Agreement and Client Agreement.
When you purchase our Services, prior to completing your purchase, you will be presented with and asked to enter into a separate and additional agreement with us, either a Purchase Agreement or Client Agreement, depending on which Service you purchase (together “Additional Agreement”).
If you do not agree to that Additional Agreement, you will not be able to complete your purchase. If you do agree to that Additional Agreement, your purchase of the Service will constitute your acceptance, and a new contract will be formed between us which will govern that purchase, and you will be bound by that Additional Agreement. That Additional Agreement and all of its terms will be in effect alongside these Terms and Conditions, and both shall apply. In the event of any conflict between the two agreements, the Additional Agreement shall prevail.
5) Payments and Delivery.
Prior to processing your payment, you authorize us to complete a standard authorization check to make sure your payment is valid. If your payment does not process fully, we reserve the right to refuse to complete your purchase. No order is deemed accepted by us until payment has been processed.
When you purchase a Service from us, we will email you to confirm the placement of your order and with details regarding product delivery. If there is an error in this email confirmation, you agree to notify us as soon as possible. For digital products, delivery is considered complete when your payment has been processed and we have sent you your confirmation email with the Service’s download link, whether or not you have opened this email. For physical products, delivery costs will be added to the total cost and clearly displayed on your checkout page, prior to purchase. Applicable taxes will also be clearly displayed on your checkout page, prior to purchase. Any purchases you make on our websites are subject to availability. Delivery times may vary according to availability and are subject to shipping delays for which we are not responsible.
6) Refunds.
We stand behind our Services and your satisfaction is very important to us. Because we have invested significant time, education, creativity, and effort in creating our Services, our refund policy is as follows: No refunds will be given.
DISCLAIMERS.
By using our websites, you agree in full to our Disclaimer, which can be found here: https://sarahwalton.com/disclaimer.
1) General Disclaimer.
Our websites and Content are for informational and educational purposes only. You acknowledge and agree that our Content and our Services may not be suitable for all persons, businesses, locations, or specific situations. We make no guarantees regarding the Content presented on our websites and your success with applying it. We do not guarantee any specific results through the use of our websites and Content and we do not make any guarantees regarding your success, whether legal, medical, financial or otherwise, from the application of our websites and Content. Your decision to visit our websites, use any of our Content, or purchase Services from us is voluntary and you acknowledge and agree that we are not liable for any harm or damage to you, your health, your well-being, your business, or otherwise which may result from the use, whether direct or indirect, of our websites, Content or our Services. To the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect, or consequential loss or damage incurred by you or others in connection with our websites and Content, including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind, however, and whether caused by negligence, breach of contract, or otherwise, even if foreseeable.
Should you choose to use our websites and Content or our Services, whether free or for purchase, you acknowledge and agree that under no circumstances will Better Way Moms, LLC be liable to you or any party for any type of damages stemming from or perceived to stem from, any use or reliance on our websites, Content or our Services, including any injuries sustained as a direct or indirect result of use or reliance on such information. You agree to hold us harmless and release us from any and all claims arising from any use or reliance on information on our websites, Content or our Services, whether now known, or discovered in the future. You expressly agree not to make any claims against Sarah Walton otr Better Way Moms, LLC.
You specifically acknowledge and agree that we are not liable for any defamatory, offensive, or illegal conduct of any other website participant, visitor or user, including you.
2) Not Financial, Tax, Investment, or Legal Advice.
Nothing on our websites constitutes, or is intended to constitute professional financial, tax, or legal advice. We do not provide investment recommendations, investment counseling, accounting services, tax, or legal advice, and nothing on our website, in our Content, or in our Services is intended as such. You are encouraged to consult with a licensed business professional regarding your specific situation before using any information on our websites, in our Content, or in our Services. Do not disregard any financial, tax, investment, or legal advice or delay seeking professional financial, tax, investment, or legal advice based on information on our websites, in our Content, or in our Services. Nothing on our websites, in our Content, or in our Services is a guarantee or promise of future earnings.
3) Not Medical Advice.
Nothing on our websites constitutes, or is intended to constitute medical or healthcare advice. We do not diagnose, treat, heal, cure or prevent any illness or medical condition, and nothing on our websites, in our Content, or in our Services is intended to diagnose, treat, heal, cure or prevent any illness or medical condition. You are encouraged to consult with a licensed medical or healthcare professional regarding your specific situation before using any information on our websites, in our Content, or in our Services. Do not disregard any medical advice, stop taking medications, stop any treatments, or delay seeking professional medical or healthcare advice based on information on our websites, in our Content, or in our Services.
4) Not Mental Health Advice.
Nothing on our websites constitutes, or is intended to constitute mental health advice. We do not diagnose, treat, heal, cure or prevent any mental or emotional condition, and nothing on our websites, in our Content, or in our Services is intended to diagnose, treat, heal, cure or prevent any mental or emotional condition. You are encouraged to consult with a licensed mental health professional regarding your specific situation before using any information on our website, in our Content, or in our Services. Do not disregard any mental health advice, stop taking medications, stop any treatments, or delay seeking professional mental health advice based on any information on our websites, in our Content, or in our Services.
5) Technology Disclaimer.
We strive to ensure that the availability and delivery of our websites and Content are uninterrupted and error-free. However, we cannot guarantee that your access will not be suspended or restricted from time to time, to allow for repairs, maintenance, updates, or other functions. By using our websites, you acknowledge and agree that we make no guarantees or warranties regarding our websites and their condition, including their functionality, the existence of viruses, uninterrupted use, and availability. To the fullest extent permitted by law, you acknowledge and agree that we are not liable to you for damages, refunds, or any other remedy, should our websites or Content become unavailable, slow, or incomplete for any reason. You agree that in the event of an interruption of access to our websites, we do not owe you any refunds or reimbursement. You acknowledge and agree that we may, at any time, in our sole discretion, discontinue our websites, Content, and our Services, without any notice, and such items may no longer be available. You acknowledge and agree that we are in no way obligated to continue operating our websites and that we are not liable to you in any way for a decision to cease its operation.
6) Errors and Omissions Disclaimer.
We strive to include the most up-to-date and accurate information on our websites, Content, and in our Services. You acknowledge and agree that information contained on our websites, Content, and in our Services may inadvertently include inaccuracies, errors, or omissions and we expressly exclude any and all liabilities for these inaccuracies, errors, or omissions.
7) Warranties Disclaimer.
WE MAKE NO WARRANTIES REGARDING OUR WEBSITES OR CONTENT. YOU ACKNOWLEDGE AND AGREE THAT OUR WEBSITES AND CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE WEBSITES OR CONTENT WILL BE FUNCTIONAL, UNINTERRUPTED, CORRECT, COMPLETE, APPROPRIATE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE WEBSITES OR CONTENT IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
PERSONAL RESPONSIBILITY AND ASSUMPTION OF RISK.
You agree that you are using your own judgment in using our websites, Content, and our Services, and you acknowledge and agree that you are doing so at your own risk.
LIMITATION OF LIABILITY.
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL OUR COMPANY, ITS PARENT, SUBSIDIARIES, OR AFFILIATES OR THE DIRECTORS, OFFICERS, EMPLOYEES, OR OTHER REPRESENTATIVES OF ANY OF THEM BE LIABLE TO ANY PARTY FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF, WHETHER DIRECTLY OR INDIRECTLY, YOUR USE OF OUR WEBSITES, CONTENT, OUR SERVICES OR YOUR UPLOADED MATERIAL, AND WE EXPRESSLY EXCLUDE SUCH LIABILITY TO THE FULLEST EXTENT OF THE LAW. YOU AGREE THAT WE ARE NOT TO BE HELD LIABLE FOR ANY DAMAGES, WHETHER DIRECT OR INDIRECT, RESULTING FROM THE USE OF OUR WEBSITES, CONTENT, OR OUR SERVICES, INCLUDING ANY INJURIES SUSTAINED OR MEDICAL AILMENTS THAT RESULT.
ADDITIONALLY, BETTER WAY MOMS, LLC IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE IN THE WEBSITES’ TECHNICAL OPERATION; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL, LOSS OF TIME OR LOSS OF DATA AND ANY OTHER LOSS OR DAMAGE OF ANY KIND; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF BETTER WAY MOMS, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES.
IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL BETTER WAY MOMS, LLC’S CUMULATIVE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED FROM US, AND IF NO PURCHASE HAS BEEN MADE BY YOU, IN NO EVENT SHALL BETTER WAY MOMS, LLC’S CUMULATIVE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100).
INDEMNIFICATION.
You agree at all times to indemnify, defend and hold harmless Better Way Moms LLC’s as well as our affiliates, agents, contractors, officers, directors, shareholders, employees, joint venture partners, successors, transferees, assignees, licensees, or any other party associated with us, from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees and expenses, arising out of or related to our websites, Content and our Services, or any breach by you of any obligation, warranty, representation or covenant in these Terms and Conditions or in any other agreement with us. You acknowledge and agree that you will provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You agree to cooperate fully and reasonably as required by us, in the defense of any claim. Notwithstanding the foregoing, we retain the right to settle, compromise, and pay any and all claims, demands, proceedings, suits, actions, or causes of action which are brought against us. You agree not to settle any third-party claim or waive any defense without our prior written consent.
TERMINATION.
You acknowledge and agree that we have the right, at any time, in our sole discretion to refuse or terminate your access to our websites, for any reason, without notice or requirement for explanation for such refusal. If your access is terminated, our decision is not open to appeal or any legal action.
GOVERNANCE.
These Terms and Conditions shall be construed in accordance with, and governed by, the laws of the State of New Jersey as applied to contracts that are executed and performed entirely in New Jersey. The exclusive venue for any legal proceeding based on or arising out of this Agreement shall be Bergen County, New Jersey.
DISPUTE RESOLUTION, LITIGATION EXPENSES.
Should any dispute arise, it would be preferable to work it out amicably between us, but if that is not possible, then you agree that the dispute will be resolved by binding arbitration, by a single arbitrator, via video hearing, using FairClaims.com. The parties agree to waive their right to a jury trial. Each side shall bear its own costs and attorneys’ fees.
You agree to participate in the arbitration process in good faith, and further agree that the decision made by the Arbitrator is binding, not subject to appeal, and enforceable in any court of competent jurisdiction as a judgment of law. You agree that any Arbitration must be commenced within one year of the date of the grievance, or forfeited forever.
You acknowledge and agree that the only remedy that can be awarded to you through Arbitration is a refund of your payment made to us. NO AWARD OF ANY CONSEQUENTIAL OR ADDITIONAL DAMAGES MAY BE AWARDED TO YOU.
If any legal proceeding is brought for the enforcement of these Terms and Conditions, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of these Terms and Conditions, the prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in pursuing that action or proceeding, in addition to any other relief to which they are entitled.
ENTIRE AGREEMENT, WAIVER.
These Terms and Conditions, along with the Privacy Policy and Disclaimer posted on our websites constitute the entire agreement between you and Better Way Moms, LLC regarding our websites and Services, and supersedes all prior and contemporaneous agreements, representations, and understandings between us, with the exception of any separate agreements, including Terms of Purchase entered into by you via your decision to purchase Services from us. You acknowledge and agree that no waiver of any of the provisions of these Terms and Conditions by us, shall be deemed, or shall constitute, a waiver of any other provision of these Terms and Conditions, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver of any of the terms of these Terms and Conditions shall be binding unless expressly executed in writing by us and signed by an authorized officer of our company.
NOTICES.
All notices, requests, demands, and other communications regarding these Terms and Conditions shall be in writing, sent via the US mail, addressed as follows:
Better Way Moms LLC
50 Spring Street
Cresskill, New Jersey 07626
SEVERABILITY.
If any term, provision, covenant, or condition of these Terms and Conditions is construed to be invalid, void, or unenforceable under applicable law, the other provisions of these Terms and Conditions shall remain in full force and effect, and shall in no way be affected, impaired, or invalidated.
ASSIGNMENT.
These Terms and Conditions are not assignable, delegable, sub-licensable, or otherwise transferable by you. You acknowledge and agree that any transfer, assignment, delegation, or sublicense by you is invalid.
CHANGES TO THESE TERMS AND CONDITIONS.
We reserve the right, at our sole discretion to change, modify or otherwise alter these Terms and Conditions at any time and you acknowledge and agree that the burden is solely yours to routinely check these Terms and Conditions for updates. Such changes will be in effect immediately after being posted on this page. You acknowledge and agree that your continued use of our websites after we post any modifications to these Terms and Conditions will establish your acknowledgment of the modifications and your consent to them, whether or not you have read them. We will notify you of any changes by posting them on this page. Please review these Terms and Conditions periodically to keep informed of their terms.
If you have any questions regarding these Terms and Conditions, please contact us at info@sarahwalton.com.