Terms of service

  1. OVERVIEW

    This website, www.better-notyounger.com (the “Website”) is operated by Better Not Younger Corporation (the “Company,” “We,” “Us,” or “Our”). Better Not Younger Corporation offers this Website, including all information, tools, services, and products available from this Website to you (“you” or “your”), conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

    YOU MUST READ AND AGREE TO THESE TERMS AND CONDITIONS BEFORE USING OR PURCHASING ANY SERVICES OR PRODUCTS OFFERED BY US, INCLUDING THE WEBSITE, SERVICES, APPLICATION, AND THE PRODUCTS AVAILABLE FOR SALE BY US. By agreeing to these Terms, you represent that you are at least 18 years old or the age of majority in your state of residence.

    THESE TERMS CONTAIN PROVISIONS THAT LIMIT OUR LIABILITY TO YOU AND REQUIRE YOU TO RESOLVE ANY DISPUTE ON AN INDIVIDUAL BASIS. THIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT TO PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. IF YOU DO NOT AGREE TO ANY PART OF THESE TERMS, THEN PLEASE DO NOT PURCHASE ANY OF OUR PRODUCTS, VISIT OR USE THE WEBSITE, OR USE ANY OF THE SERVICES.

  2. ACCEPTANCE AND ELIGIBILITY

    By visiting our Website or purchasing something from us, you engage in our services (“Service(s)”) and agree to be bound by the following terms and conditions, which constitute a binding agreement (“Terms” or “Agreement”), including those additional terms and conditions and policies referenced herein or available by hyperlink. These Terms apply to all users of the Website.

  3. MODIFICATION

    We reserve the right to update, change, or replace any part of these Terms by posting updates or changes to our Website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes. Any new features or tools which are added to the current store shall also be subject to the Terms.

  4. MODIFICATIONS TO THE SERVICE AND PRICES

    Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any products available on the Website or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service or any product or part of the Service.

  5. PRODUCTS OR SERVICES

    Products or services you purchase on the Website may have limited quantities and are subject to refund or exchange according only to Our Refund Policy. We reserve the right to limit the sales of our products or Services to any person or jurisdiction.

  6. ACCOUNTS & REGISTRATION

    You may create a user account (“Account”) to take advantage of certain programs and website features. To create an Account, you must provide a password, username, and other information such as your name and email address. You are solely responsible for keeping your Account information confidential. You may not transfer, sell, or assign your Account to any third party without Our prior written approval. You are solely responsible for all usage and activity on the Website that occurs under your Account. You agree to notify Company’s customer service immediately of any unauthorized use or any other breach of security on your Account. We will not be liable for losses incurred as a result of an unauthorized use of a password or account. Personal information submitted through the Website is governed according to Company’s Privacy Policy, which is incorporated herein by reference.

  7. SUBSCRIBE AND SAVE

    The Subscribe and Save program (“Subscription”) benefits may be available for certain products and customers.  You may choose from the Subscription options available for a particular product, to receive automatic and recurring purchase and delivery of that product. The total cost charged to your payment method for each Subscription order will be the cost of the item on the day that order is processed, plus any applicable sales tax and shipping.

    The charge for each Subscription item shipment will be billed to the payment method used to create your Subscription or as otherwise directed by you. If we are unable to complete your Subscription order with the payment method you used to create your subscription, you authorize us to update your Subscription with another payment method in your account and to charge the payment method for your Subscription order.

    Your Subscription will remain in effect until it is cancelled. The Subscription may be modified or cancelled at any time, and you can cancel or change Subscription by accessing your account > orders > order number > cancel subscription, in case you don’t have an account please contact customer service at contact@better-notyounger.com. To be effective, any cancellations or changes to your Subscription must be made at least 3 days prior to the next billing date.

  8. ACCURACY OF BILLING AND ACCOUNT INFORMATION

    We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and orders that use the same billing and shipping address. If we change or cancel an order, we may attempt to notify you by contacting the email, billing address, or phone number provided when the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

    You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. For more details, please review our Refund Policy.

  9. THIRD-PARTY LINKS

    Third-party links on this Website may direct you to websites that are not affiliated with us. We are not responsible for the content or accuracy on, and we do not warrant and will not have any liability or responsibility for, any third-party materials, websites, products, or services.

  10. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

    The Website may contain message boards, personal profiles, forums, bulletin boards, contests, and other interactive features that allow users to post, submit, publish, display, or transmit to other users or other persons content or materials (collectively, “User Contributions”) on or through the Website, email, or mail. By offering User Contributions, you agree that we may edit, copy, publish, distribute, translate and otherwise use these User Contributions. We have no obligation to (1) to maintain any comments in confidence; (2) to provide any compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.

    You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or Website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

  11. PERSONAL INFORMATION

    Your submission of personal information through the store is governed by our Privacy Policy, which is incorporated herein by reference.

  12. TEXT MESSAGES AND MOBILE NOTIFICATIONS

    By either entering your phone number to opt-in to receiving messages, you agree that we or our providers may send you text notifications and text marketing offers. You understand that consent is not a condition of purchase. You can unsubscribe from further text messages by replying STOP. Message and data rates may apply.

  13. PROHIBITED USES

    You are prohibited from using the Website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

  14. DISCLAIMER OF WARRANTIES

    The Website and the products available for sale or use on the Website are provided to you “AS IS” and “AS AVAILABLE” and without warranty of any kind. WITHOUT LIMITING THE FOREGOING, WE DO NOT MAKE ANY WARRANTIES BEYOND THOSE ON THE FACE OF THE WEBSITE AND THE PRODUCTS, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THAT ACCESS TO OR USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED.

  15. LIMITATION OF LIABILITY

    In no case shall Company, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content or products posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

  16. TERMINATION

    The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes. These Terms are effective unless and until terminated by either you or Us. If in our sole judgment you fail, or We suspect that you have failed, to comply with any term or provision of these Terms, We also may terminate this Agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and may deny you access to our website or Services (or any part thereof).

  17. DISPUTES; CLASS ACTION WAIVER

    Any dispute relating in any way to your visit to or use of the Website, your purchase or use of any products available on or through the Website, your relationship or communications with Us (including indirect communications through third parties), or otherwise related to these Terms (“Disputes”), shall be governed exclusively by the laws of the State of Delaware, without regard to principles of conflict of laws. If a Dispute arises under this Agreement, You agree to first contact Us at 1-800-406-3026 (phone) or management@better-notyounger.com (email). Before formally submitting a Dispute to court, you and We may choose to informally resolve the Dispute. If any Dispute cannot be resolved informally, you agree that any Dispute shall be instituted exclusively in the federal courts of the United States or the courts of the State of Delaware, although We retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Service in your state of residence. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

    To the fullest extent permitted by applicable law, no Dispute under this Agreement may be joined to a lawsuit or action involving any other party subject to this Agreement, whether through a class action, private attorney general proceeding, class arbitration proceedings or otherwise. YOU UNDERSTAND THAT YOU WOULD HAVE HAD A RIGHT TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY. You shall have thirty (30) days from the earliest of the date that you visit the Website, purchase a product, or submit information through the Website to opt out of this class action waiver, by contacting Us by email at management@better-notyounger.com or by mail at 240 Crandon Boulevard, Suite 167-B2, Key Biscayne, FL, 33149, United States. If you do not opt out by the earliest of the date that you visit the Website, purchase a product or submit information to Us through the Website, then you are not eligible to opt out of this class action waiver.

  18. ELECTRONIC COMMUNICATIONS

    When you use the Website, purchase products, or send emails, messages (including SMS, MMS or text messages), and other communications to Us, you are communicating with Us electronically. You acknowledge that by agreeing to this Agreement electronically, you are expressly agreeing to the terms set forth herein. You acknowledge and agree that by affixing your electronic signature, you are submitting a legally binding electronic signature and entering a legally binding contract. You acknowledge that your electronic submission constitutes your agreement and intent to be bound by the terms of this Agreement. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the “E-Sign Act”) or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SITE OR PRODUCTS OR SERVICES OFFERED BY COMPANY. Further, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.

  19. NOTICE FOR CALIFORNIA USERS

    Under California Civil Code Section 1789.3, California users of the Website are entitled to the following specific consumer rights notice: The provider of the Website is Better Not Younger.  To file a complaint regarding the Website, send a letter to 240 Crandon Boulevard, Suite 167-B2, Key Biscayne, FL, 33149 or email management@better-notyounger.com. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N. 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

  20. MISCELLANEOUS

    Our failure to exercise or enforce any right or provision of this Agreement does not constitute a waiver of any such right or provisions. If a provision of these Terms is invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.

  21. PROMOTIONS

    Discount codes cannot be combined with other ongoing promotions, offers, or discounts except when stated otherwise.

  22. CONTACT INFORMATION

    Questions about the Terms of Service should be sent to Us at contact@better-notyounger.com.