BETTER DAO TERMS OF SERVICE
Last Updated: October 25, 2022
Please read these Terms of Service (“Terms” or “Agreement”) carefully. Your use or access of the Better DAO digital asset website located at betterdao.io, platform, and associated services, functionalities, and features (“Platform”) constitutes your consent to these Terms.
This Agreement is between you and Better DAO Foundation, a foundation formed pursuant to the laws of Panama, together with its subsidiaries and affiliates, (“Better”, “we”, “our” or “us”), operators of the Platform. This Agreement hereby incorporates by this reference any additional terms and conditions with respect to the Platform posted by Better, or otherwise made available to you by Better, including without limitation, during the creation, acquisition, transfer, or modification of certain digital assets, NFTs, and tokens (collectively, “Digital Assets”).
We may, in our sole and absolute discretion, without liability to you or any third-party, refuse to let you use of the Platform. Such actions may be taken as a result of a number of factors, including without limitation legal or regulatory requirements or demand, our discretion, or your violation of the terms of this Agreement. We may also temporarily suspend your access to the Platform due to technical problems.
THIS AGREEMENT CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT IMPACT YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. PLEASE READ IT CAREFULLY.
The Platform is a decentralized movement driving planet positive impact. Through the voting mechanisms used by the Platform, a decentralized community leverages social coordination and transparent blockchain-based solutions to manage certain climate impact initiatives.
The Platform utilizes a Digital Asset called BETTER, which enables holders thereof to, among other things, vote on certain activities of Better.
Users are solely responsible for the management, protection, and security of their own wallets and validating all transactions and smart contracts generated by the Platform before confirming purchase or transfer of any Digital Asset. There is no way that a Digital Asset transaction can be undone or reversed. Accordingly, transactions made through the Platform cannot be reversed. Better bears no liability or responsibility for Digital Assets sent to an incorrect or incompatible wallet address.
Ownership of Digital Assets
You own the Digital Assets you create, acquire, or purchase on the Platform. Ownership of Digital Assets are mediated entirely by smart contracts and the underlying blockchain network. Better will never seize, freeze, or otherwise modify the ownership of any Digital Asset unless required by applicable law. Except as required by a facially valid court order, instructed by you, or except as provided herein, Better will not sell, transfer, loan, hypothecate, or otherwise alienate your Digital Assets.
Title to your Digital Assets will at all times remain with you and will not transfer to Better. None of your Digital Assets are the property of, or will or may be loaned to, Better. As the owner of your Digital Assets, you will bear all risk of loss of Digital Assets. Better does not represent or treat your Digital Assets as belonging to Better. Better will have no liability for fluctuations in the value of Digital Assets created, minted, purchased, acquired, or made available on the Platform.
While you may always browse public-facing portions of the Platform without registering an account with us, in order to access certain portions of the Platform, Better may require you to register an account with us (“Account”). You are responsible for the security of your Account, and are fully responsible for all activities that occur through the use of your credentials. You agree to notify us immediately at firstname.lastname@example.org if you suspect or know of any unauthorized use of your log-in credentials or any other breach of security with respect to your Account. We will not be liable for any loss or damage arising from unauthorized use of your credentials. You may be required to create and provide separate log-in credentials to access third-party services.
We reserve the right to disallow, cancel, remove, or reassign certain usernames and other information associated with an Account in appropriate circumstances, as determined by us in our sole and absolute discretion, and may, with or without prior notice, suspend or terminate your Account if activities occur on your Account which would or might constitute a violation of this Agreement, cause damage to or impair the Platform, infringe or violate any third-party rights, damage or bring into disrepute the reputation of Better, or violate applicable law. These determinations will be made in Better’s sole and absolute discretion. If messages sent to the email address you provide are returned as undeliverable, then we may terminate your Account immediately without notice to you and without any liability to you or any third-party.
YOU ACKNOWLEDGE AND AGREE THAT (i) BETTER HAS NO CONTROL OVER ANY WALLET THAT YOU MAY USE IN CONNECTION WITH YOUR USE OF THE PLATFORM; (ii) ALL WALLETS ARE PROVIDED BY THIRD-PARTIES; (iii) BETTER HAS NO RIGHT OR ABILITY TO CONTROL THIRD-PARTIES WHO PROVIDE WALLETS; (iv) ANY DISPUTE BETWEEN YOU AND ANY THIRD-PARTY WALLET PROVIDER IS BETWEEN YOU AND THAT THIRD-PARTY WALLET PROVIDER; AND (v) THAT BETTER IS NOT LIABLE FOR ANY ISSUES OR LOSSES CAUSED BY USE OF THIRD-PARTY WALLETS.
Security of Accounts, Wallets, Digital Assets
We are not an insured financial institution. As a result, unlike funds held in most banks or credit unions, amounts displayed through the Platform are not insured against loss.
You are responsible for maintaining the confidentiality and security of your Account or devices you use to access the Platform. You are also responsible for maintaining the security of your wallet(s), and for ensuring that no unauthorized person has access to your wallet(s), any private keys, or any devices that you utilize in connection with the Platform.
We will not be liable for any loss or damage arising from your failure to protect your Account or your wallet(s).
It is your sole responsibility to provide accurate information for creation and maintenance of your Account. You are solely responsible for ensuring the accuracy and completeness of all information and materials that you provide to use in connection with your use of the Platform. This includes, but is not limited to, all information and materials that you provide to us in connection with background checks and identity verification. You represent and warrant that (i) all such information and materials are true, accurate, and complete in all respects, comply with applicable law and do not violate or infringe any third-party rights; and (ii) you will immediately notify us about, and correct, and inaccuracy in any such materials or information.
User Generated Content
Better makes no representation that content and materials on Platform are appropriate, lawful or available for use in any jurisdiction. Individuals who choose to access or use the Platform do so on their own initiative and are responsible for compliance with applicable law.
Certain features on the Platform may allow you to create or mint (collectively, “Mint”) Digital Assets on the Platform or you may otherwise directly or indirectly provide content to Better subject to intellectual property or similar applicable law (“User Content”). For all User Content that you Mint or provide on the Platform, you grant us (and those third-parties we work with) a worldwide, royalty-free, irrevocable, perpetual, transferable and sublicensable license to use, exploit, host, store, transmit, reproduce, modify, create derivative works of (such as those resulting from changes we make so that your User Content works better with our Platform), publish, display, and distribute such content; provided that we will not share with other users any User Content that you Mint or provide us on the Platform that is not viewable by other users based on any privacy settings available on the Platform. The rights you grant in this section are for the purpose of operating, promoting, and improving our Platform and this license continues even if you stop using our Platform.
By Minting or providing User Content on the Platform, you are representing and warranting that you have all rights to use the intellectual property of any third-parties. We are under no obligation to edit or control User Content, and will not be in any way responsible or liable for User Content. Better may, however, at any time and without prior notice, filter, screen, remove, edit, or block any User Content that, in our sole and absolute discretion, violates this Agreement, applicable law or is otherwise objectionable. User Content that Better determines is or could be interpreted to be abusive, bigoted, defamatory, harassing, harmful, infringing, obscene, offensive, pornographic, racist, threatening, unlawful, vulgar or otherwise inappropriate (collectively, “Offensive Content”) may be screened, removed, edited, or blocked. Further, we may take any action we deem necessary and/or appropriate against any user who posts Offensive Content, including, but not limited to, suspending or terminating the user’s Account.
Fees and Payment
You agree to pay for any products and / or services we provide on the Platform, including, but not limited to, any Digital Assets sold on the Platform, by submitting the applicable purchase price in the amount and in the form set forth on the Platform. In the event that such payments are made with cryptocurrency, we will have no insight into or control over these payments or transactions, nor do we have the ability to reverse any transactions. Better will have no liability to you or to any third party for any claims or damages that may arise as a result of any transactions that you engage or any other transactions that you conduct via the applicable blockchain. Purchases are not refundable under any circumstances.
The underling blockchain(s) may require the payment of a transaction fee (“Gas Fee”) for every transaction that occurs on the network. The Gas Fee funds the network of computers that run the applicable decentralized blockchain. This means that you will need to pay a Gas Fee for each transaction.
In connection with your use of the Platform, you will not:
- Violate or assist any party in violating any law, statute, ordinance, regulation or any rule of any self-regulatory or similar organization of which you are or are required to be a member through your use of the Platform;
- Infringe upon our or any third-party’s copyright, patent, trademark, or other intellectual property rights;
- Repost, delete, or alter any content or material that Better makes available on the Platform;
- Engage in any activity which, in our sole discretion, amounts to or may amount to market abuse including without limitation pumping and dumping, entering fictitious transactions or wash trading, front running, bear raiding or engaging in disorderly market conduct;
- Restrict or inhibit any other person from legal use of the Platform;
- Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) the Platform except as expressly authorized herein, without Better’s express prior written consent;
- Reverse engineer, decipher, decompile or disassemble any portion of the Platform, except to the extent such restriction is expressly prohibited by applicable law;
- Remove any copyright, trademark or other proprietary rights notice from the Platform;
- Frame or mirror any portion of the Platform, or otherwise incorporate any portion of the Platform into any product or service, without Better’s express prior written consent;
- Restrict, discourage or inhibit any person from using the Platform;
- Systematically download and store content from the Platform;
- Take any action that imposes an unreasonable or disproportionately large load on our infrastructure or that of our nodes, or detrimentally interfere with, intercept, or expropriate any system, data or information;
- Post, transmit or otherwise make available through or in connection with the Platform any virus, worm, trojan horse, easter egg, time bomb, spyware, ransomware, malware, or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.
- Otherwise attempt to gain unauthorized access to or use of the Platform, other Accounts, nodes, or computer systems connected to the Platform;
- Engage in any behavior which violates this Agreement or is otherwise deemed unacceptable by us in our sole discretion; or
- Use any robot, spider, search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine”, or otherwise gather content on the Platform (including Submissions), or reproduce or circumvent the navigational structure or presentation of the Platform, without Better’s express prior written consent. Notwithstanding the foregoing, and subject to compliance with applicable law and any instructions posted in the robots.txt file located in the Platform’s root directory, Better grants to the operators of public search engines permission to use spiders to copy materials from the Platform for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such materials, but not caches or archives of such materials. Better reserves the right to revoke such permission either generally or in specific cases, at any time and without notice.
By using the Platform, you further represent and warrant that you are not (i) the subject of sanctions administered or enforced by the United States (including without limitation the U.S. Department of the Treasury’s Office of Foreign Asset Control), the United Kingdom, the European Union or any other governmental authority (Sanctions) or (ii) organized or resident in a country or territory that is the subject of country-wide or territory-wide Sanctions.
The Platform is subject to all applicable export control restrictions, and, by using the Platform, you represent that your actions are not in violation of such export control restrictions. Without limiting the foregoing, you may not use the Platform if you are (i) a resident, national or agent of Crimea (Ukraine), Luhansk (Ukraine), Donetsk (Ukraine), Cuba, Iran, North Korea, Syria or any other country or region to which the United States embargoes goods or imposes similar sanctions (“Restricted Jurisdictions”); (ii) a member of any sanctions list or equivalent maintained by the United States government (“Restricted Persons”); or (iii) you intend to transact with any Restricted Jurisdictions or Restricted Persons.
Third-parties, including those providing research analysis or other information related to the Platform and Digital Assets, may provide certain data, information, insights, analysis, and articles that are made available through the Platform, and may also provide links to third-party websites (or other online properties that are not owned or controlled by Better) or services that are not under the control of Better (collectively, “Third-Party Services”). In addition to these Terms, you may be bound by any additional terms required by providers of Third-Party Services.
Better makes no representations about, and accepts no liability for, any Third-Party Services. Better does not endorse or assume responsibility for any activities of or resources, products, services, content, or promotions owned, controlled, operated, or sponsored by third-parties, including any Third-Party Services. If Users access any Third-Party Services, users do so solely at their own risk. Better is not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements contained in Third-Party Services, the services offered thereby or for their privacy and security policies and procedures. You expressly waive and release Better from all liability arising from your use of Third-Party Services. You further acknowledge and agree that Better will not be responsible or liable directly or indirectly for any damage or loss caused or alleged arising out of or related to any Third-Party Services.
Comments, Feedback, and Questions
If you choose to provide us with input or suggestions regarding problems with or proposed modifications or improvements to the Platform or Digital Assets (“Feedback”), then you grant to us a non-exclusive, royalty-free, perpetual, irrevocable, transferable, sublicensable, and global right to use and exploit the Feedback in any manner and for any purpose without any restriction, credit, attribution, or fees due to you.
Intellectual Property Rights
The Platform and any content, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) created or developed by or for Better, are owned by Better, its licensors, or other providers of such material and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Better grants you a revocable, non-exclusive, non-transferable, non-sublicensable, royalty-free and worldwide right and license to access and use the Platform solely in strict compliance with the provisions of these Terms and as permitted by the functionalities of the Platform available to you. Better’s name and all related names, logos, product and service names, designs, and slogans are trademarks of Better, its associates, affiliates, or licensors. You must not use such marks without the prior written permission of Better. All other names, logos, product and service names, designs, and slogans on this Platform are the trademarks of their respective owners.
Better reserves all rights not expressly granted to you in this section. Accordingly, nothing in this Agreement or on the Platform will be construed as granting to you, by implication, estoppel or otherwise, any additional license rights in and to the Platform, or any Better intellectual property located or displayed on or within the Platform.
Disclaimer of Warranties
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR ACCESS TO AND USE OF THE PLATFORM AND ANY CONTENT IS AT YOUR SOLE RISK. OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS, NEITHER BETTER NOR ITS AFFILIATES MAKE ANY WARRANTY, EITHER EXPRESS OR IMPLIED, ABOUT THE PLATFORM, ITS CONTENT, OR CONNECTED SERVICES. THE PLATFORM AND ITS CONNECTED SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER BETTER NOR ITS AFFILIATES MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE PLATFORM. WITHOUT LIMITING THE FOREGOING, BETTER AND ITS AFFILIATES DO NOT REPRESENT OR WARRANT THAT THE PLATFORM, ITS CONTENT, OR ANY SERVICES OBTAINED THROUGH THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE PLATFORM OR DIGITAL ASSETS OBTAINED THROUGH THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. BY USING THIS PLATFORM, YOU AGREE AND ACCEPT TO BE SOLELY RESPONSIBLE FOR ANY AND ALL TRANSACTIONS INVOLVING DIGITAL ASSETS ACQUIRED OR PURCHASED THROUGH THE PLATFORM.
BETTER MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE LIKELIHOOD OR PROBABILITY THAT YOUR PARTICIPATION ON THE PLATFORM OR YOUR ACQUISITION OR PURCHASE OF DIGITAL ASSETS WILL ACHIEVE A PARTICULAR OUTCOME OR GOAL, WHETHER FINANCIAL OR OTHERWISE. PAST PERFORMANCE IS NOT A GUARANTEE OF FUTURE SUCCESS, AND VOLATILITY MEANS THAT PERFORMANCE IN ANY PERIOD MAY BE FAR DIFFERENT FROM THAT OF PREVIOUS PERIODS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT BETTER MAKES NO GUARANTEES OR OTHER COMMITMENTS ABOUT YOUR ABILITY TO ACCESS OR USE THE PLATFORM.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BETTER AND ITS ASSOCIATES ALSO DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO SOME DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU.
Limitation of Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL BETTER, ITS ASSOCIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PLATFORM, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE PLATFORM OR SUCH OTHER WEBSITES, OR THE SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY FOR FRAUD, FRAUDULENT MISREPRESENTATION, OR FOR DEATH OR PERSONAL INJURY CAUSED BY GROSS NEGLIGENCE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Acknowledgment of Risk
You accept and acknowledge each of the following:
- To the extent that you buy or sell Digital Assets on the Platform, please be aware that the prices of Digital Assets are extremely volatile and fluctuations in the prices of other Digital Assets and impact the price of your Digital Asset both positively and negatively. Given the volatility, Digital Assets should not be considered an investment. You assume all risks in that regard.
- To the extent you Mint Digital Assets on the Platform, it is your responsibility to ensure that such Digital Assets do not infringe on the intellectual property of any third party. You alone will be responsible for any and all losses and damages sustained by third parties as a result of such infringement.
- Ownership of a Digital Asset confers ownership of digital content and the underlying claim to the digital content only. Accordingly, no information relating to the Digital Asset is or may be considered to be advice or an invitation to enter into an agreement for any investment purpose. Further, the sale of the Digital Asset is not intended to be an offering of securities in any jurisdiction nor does it constitute an offer or an invitation to purchase shares, securities or other financial products. Due to the artistic nature of the project, the Digital Assets have not been registered with or approved by any regulator in any jurisdiction. It remains your sole responsibility to assure that the purchase of the Digital Asset and the associated art and hardware is in compliance with laws and regulations in your jurisdiction.
- You assume all risks associated with using digital currency and Digital Assets, including, but not limited to, the risk of hardware, software and internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your wallet.
- Digital Assets, cryptocurrencies, and blockchain technology are relatively new and the regulatory landscape is unsettled. New regulations could negatively impact such technologies impacting the value for your Digital Assets. You understand and accept all risk in that regard.
Indemnification and Release
Better and its subsidiaries, parents, affiliates, service providers, and each of their respective officers, directors, agents, joint venturers, employees or representatives (collectively, the “Released Parties”), are not liable for any damages that may arise out of or in connection with your use of the Platform or your Minting of User Content. This includes, but is not limited to, claims, applications, injuries, delays, direct loss, loss of business or profits, business interruption costs, loss of goodwill or business profits, loss of cryptocurrency or tokens, damage caused by your computer, computer software, systems and programs, and the data thereon or any other direct or indirect, consequential and incidental damages. In addition, the Released Parties are not liable for any losses incurred, either directly or indirectly through your use of the Platform or any of its functions and features (collectively, all of the foregoing items will be referred to herein as “losses”). The Released Parties are hereby released by you from liability for any and all losses. These limitations of liability apply whether the liability or losses are based on negligence, contract, tort, or any other basis, even if the Released Parties had been advised or should have known of the possibility of such losses.
You agree to indemnify and hold the Released Parties harmless from any claim or losses (including attorneys’ fees and any losses, fines, fees, or penalties imposed by any regulatory authority) arising out of your breach of this Agreement, your violation of any law or regulation, or your infringement of the intellectual property rights of any third parties.
Data Protection and Security
If you suspect that your Account or any of your security details have been compromised, or if you become aware of any fraud or attempted fraud or any other security incident (including a cyber-security attack) affecting you and/or Better, you must notify Better as soon as possible by email and provide accurate information throughout the duration of the incident or breach.
Please note that it is our policy to comply with all facially valid subpoenas, court orders or binding orders issued to us by law enforcement agencies and other government authorities. This may affect your access to your account and our Platform. We are not responsible for any losses, whether direct or indirect, that you may incur as a result of our compliance with applicable law, the guidance or direction of any regulatory authority or government authority, or any writ of attachment, lien, levy, subpoena, warrant, or other legal order.
You must be at least 18 years old to purchase a Digital Asset. By purchasing a Digital Asset, you represent and warrant that you are at least 18 years of age.
Reservation of Rights
Better reserves the right to bar any transactions on the Platform, for or with, any user with or without cause, at any time, subject to any limitations imposed by applicable law. In lieu of refusing access to the Platform, Better may, in its sole and absolute discretion, perform due diligence. You may be subject to due diligence procedures in your use of the Platform. If you decline to provide requested information or otherwise do not reply timely or substantively with the documentation or data requested, Better has the absolute discretion to immediately suspend or terminate your Account.
ANY DISPUTE YOU HAVE WITH ANY THIRD-PARTY, INCLUDING, BUT NOT LIMITED TO, OTHER USERS, IN CONNECTION WITH YOUR USE OF THE PLATFORM IS DIRECTLY BETWEEN YOU AND SUCH THIRD-PARTY. ACCORDINGLY, TO THE FULLEST EXTENT PERMITTED BY LAW, YOU IRREVOCABLY RELEASE Better AND ITS AFFILIATES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (DIRECT, INDIRECT, AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
Relationship of the Parties
You agree that no joint venture, partnership, employment or agency relationship exists between you and Better as a result of this Agreement or use of the Platform.
Governing Law, Venue, and Arbitration
You agree to arbitrate any dispute arising from this Agreement or your use of the Platform. Arbitration prevents you from suing in court or from having a jury trial.
In addition, you agree:
- To attempt informal resolution prior to any demand for arbitration;
- That any arbitration will occur in the Republic of Panama;
- That any arbitration will be conducted confidentially by a single arbitrator, selected by a third-party arbitration forum;
- That the state and federal courts in the Republic of Panama have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration;
- That the arbitrator has the authority to grant any remedy that would otherwise be available in court; and
- That the parties will split the costs and expenses of any arbitration and bear their own legal costs and expenses.
This Agreement and your access to and use of the Platform will be governed by the laws of the Republic of Panama, without regard to conflict of law rules or principles that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of the Republic of Panama.
Class Action Waiver
BY USING THIS SITE AND AGREEING TO THESE TERMS, YOU HEREBY WILLINGLY, EXPRESSLY, AND KNOWINGLY WAIVE ALL RIGHT TO BRING OR PARTICIPATE IN ANY CLASS-ACTION LAWSUIT, CLASS-WIDE ARBITRATION, OR PRIVATE ATTORNEY-GENERAL ACTION BROUGHT UNDER OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE PLATFORM. YOU MAY NOT BRING ANY CLAIM, SUIT, OR OTHER PROCEEDING TO ENFORCE THESE TERMS AS THE MEMBER OF ANY CLASS OR AS PART OF ANY SIMILAR COLLECTIVE OR CONSOLIDATED ACTION.
Changes to this Agreement
We reserve the right to change this Agreement at any time upon notice. We may give notice by posting the updated Terms on the Platform or by any other reasonable means. You can review the most current version of these Terms at any time. This Agreement in effect at the time of your use of the Platform apply. Updated versions of this Agreement are binding on you with respect to your use of the Platform on or after the date indicated in the updated Agreement. If you do not agree to the updated Terms, you must stop using the Platform. Your continued use of the Platform after the date of the updated Terms will constitute your acceptance of the updated Terms.
Waiver and Severability
No waiver of by Better of any term or condition set out in this Agreement will be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Better to assert a right or provision under this Agreement will not constitute a waiver of such right or provision.
If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision will be eliminated or limited to the minimum extent such that the remaining provisions of this Agreement will continue in full force and effect.
The respective indemnities, representations, warranties and agreements of the parties hereto or made by or on behalf of the parties hereto pursuant to this Agreement will survive any termination of this Agreement indefinitely and will remain in full force and effect and all defined terms used therein will survive the termination of this Agreement indefinitely.
We reserve the right to change this Agreement at any time upon notice. We may give notice by posting the updated Terms on the Platform or by any other reasonable means. You can review the most current version of this Agreement at any time. This Agreement in effect at the time of your use of the Platform apply. Updated versions of the Agreement are binding on you with respect to your use of the Platform on or after the date indicated in the updated Terms. If you do not agree to the updated Terms, you must stop using the Platform. Your continued use of the Platform after the date of the updated Terms will constitute your acceptance of the updated Terms.
If you would like to contact us for any reason, please email us at email@example.com.