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WayBetter Terms of Use

Date of Last Revision: September 28, 2017

Thank you for using WayBetter, a series of behavior modification websites that allow individuals to enter into goal-oriented games and bet on their ability to reach their targets. The WayBetter websites and related services are operated byWayBetter Inc. (hereafter, "us", "we", "WayBetter" or the "Company"). By registering, accessing, or using any of WayBetter's websites (including but not limited to www.waybetter.com and www.dietbet.com), any mobile version thereof, or any software system designed to support or permit interaction with the website or its functionality over a network (together the "Site"), you (the "User") signify that you have read, understand, and agreed to be bound by these Terms of Use ("Terms of Use" or "Agreement"), whether or not you are a registered member of WayBetter. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice, provided that WayBetter will post the changes to these Terms of Use on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, then do not use or access (or continue to use or access) the Site. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review said changes.

Please read these Terms of Use carefully as they contain important information regarding your legal rights, remedies, and obligations. These include various limitations and exclusions and a dispute resolution clause that governs how disputes will be resolved.

1. Eligibility. Use of the Site is void where prohibited. This Site is intended solely for users who are eighteen (18) years of age or older. Any registration by, use of, or access to the Site by anyone under 18 is unauthorized, unlicensed, and in violation of these Terms of Use. By using the Site, you represent and warrant that you are 18 or older and that you agree to abide by all of the terms and conditions of this Agreement.

2. Term. These Terms of Use will remain in full force and effect while you use the Site and/or are a registered member. The Company may terminate your membership, delete your profile and any content or information that you have posted on the Site, and/or prohibit you from using or accessing the Site (or any portion, aspect or feature of the Site) for any reason, or no reason, at any time at in its sole discretion, with or without notice, including if it believes that you are under 18. You may terminate your membership at any time for any reason provided that if you are in an ongoing game you will continue to be bound by the terms of that game until that game terminates.

3. Registration Data; Account Security. You agree to (a) provide accurate, current, and complete information about yourself as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to the Company, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account.

4. User Conduct.

a. The User has a nonexclusive, nontransferable, limited, and revocable right to use the Site solely for User's personal, non-commercial use. The User will not use the Site for any other purpose, including any commercial purpose, without the Company's prior written consent. The User represents, warrants, and agrees that no materials of any kind submitted through the User's account or otherwise posted, transmitted, or shared by the User on or through the Site will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory, or otherwise unlawful material. The User also agrees to use the Site in a manner consistent with any and all applicable laws and regulations.

b. The User agrees not to use the Site or to authorize any other person to use the Site to:

i. cause the Site, or any portion thereof, to be framed in such a way that the Site, or any portion thereof, appears on the same screen with a portion of another website;

ii. harvest or collect email addresses or other contact information of other users from the Site by electronic or other means for any reason outside game play, including sending unsolicited emails or other unsolicited communications;

iii. use the Site in any prohibited or unlawful manner or in any other manner that could damage, disable, overburden or impair the Site;

iv. use automated scripts to collect information from or otherwise interact with the Site;

v. upload, post, transmit, share, store, or otherwise make available any content that the Company deems to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, racist, or otherwise objectionable, including the weights and other sensitive personal information of players without such players' written permission;

vi. upload, post, transmit, share, store, or otherwise make available any videos other than those of a personal nature that: (i) are of you or your friends, (ii) are taken by you or your friends, or (iii) are original art or animation created by you or your friends;

vii. register for more than one User account, register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity;

viii. impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age, or your affiliation with any person or entity;

ix. upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;

x. upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers, and credit card numbers;

xi. solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;

xii. upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

xiii. intimidate or harass other Users;

xiv. upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;

xv. use or attempt to use another's account, service, or system without authorization from the Company, or create a false identity on the Site;

xvi. upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of the Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose the Company or its users to any harm or liability of any type;

xvii. manipulate your weight in short-term ways that violate our Guidelines for Losing Weight Safely, including engaging in rapid hydration or dehydration, binging, purging, and/or weight-loss surgery;

xviii. misrepresent your weight or make any other misrepresentation that affects a game;

xix. play repeatedly for the purpose of being a "professional" competitor;

xx. manipulate the game including colluding among players, wagering on a WayBetter game that you are not competing in, betting on someone other than yourself, betting against a player, or otherwise manipulating the natural course of the game;

xxi. play in more the allowable number of concurrent games;

xxii. Without limiting any of the foregoing, you also agree to abide by our WayBetter Code of Conduct that provides further information regarding the authorized conduct of users on any WayBetter site.

5. Proprietary Rights in Site Content; Limited License.

a. Proprietyary Rights. The User acknowledges and agrees that all content on the Site, including designs, text, graphics, pictures, photographs, video, information, applications, software, music, sound, and other files, and their selection and arrangement (the "Site Content"), are the property of WayBetter and its content providers and that the Company and its content providers retain all right, title, and interest in the Site Content. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without WayBetter's prior written permission, except that the foregoing does not apply to the User Content (as defined below) that the User legally posts on the Site.

b. Limited License. Provided that the User is eligible to use the Site, the User is granted a limited license to access and use the Site and the Site Content and to download or print a copy of any portion of the Site Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright, trademark, service mark, or other proprietary notices intact. This limited license shall permit the User to share his or her User Content through social media, e-mail, or other Internet platforms. Except for User Content, you may not upload or republish Site Content on any Internet, Intranet, or Extranet site or incorporate any Site Content in any other database or compilation, and any other use of the Site Content is strictly prohibited. The license granted by this Terms of Use does not permit the use of any data mining, robots, spiders, or similar data gathering or extraction methods. Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of Company, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. This license is revocable at any time without notice and with or without cause.

6. User Content Posted on the Site.

a. User Responsibility. You are solely responsible for the photos, profiles (including your name, image, avatars, and likenesses), messages, notes, text, information, music, video, advertisements, listings, and other content that you upload, publish or display (hereinafter, "post") on or through the Site (collectively the "User Content"). You may not post, transmit, or share User Content on the Site that you did not create or that you do not have permission to post. You understand and agree that the Company may, but is not obligated to, review the Site and may delete or remove (without notice) any Site Content or User Content in its sole discretion, for any reason, or no reason, including User Content that in the sole judgment of the Company violates this Agreement or the WayBetter Code of Conduct, might be offensive, illegal, threatening to the safety of users or others, unpleasant, or might violate the rights of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site or provide to the Company.

b. License. When you post User Content to the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Site. By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, research or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing, provided that the Company may not use User Content in violation of the Privacy Policy. Aside from the license granted herein, Users retain all rights to their User Content, including the right to remove User Content at any time. If a User removes his or her User Content, then the license granted herein shall automatically expire, except that the Company shall retain such license to the extent that the Company has incorporated such content onto its content sites or in its advertising or promotional materials, and shall have the right to retain archived copies of such content.

c. Submissions. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site ("Submissions"), provided by you to the Company are non-confidential and shall become the sole property of the Company. The Company shall own exclusive rights (including all intellectual property rights) to, and shall be entitled to the unrestricted use and dissemination of, these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

7. Intellectual Property.

a. Trademarks. WayBetter, DietBet, DietBetter, The WayBetter Way, WayBetter Today, the Daily Carrot, and other Company graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, service marks, or trade dress of the Company in the U.S. and/or other countries. The Company's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.

b. Copyright Protection.

i. You may not Post, distribute or reproduce any copyrighted material, trademarks, or service marks or other proprietary information owned by another party without obtaining the prior written consent of the copyright owner. If you believe that your work has been copied and Posted on the Website without your permission or in any other way that constitutes copyright infringement, please review and follow the procedures set forth in our Copyright Policy.

ii. In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, the Company has adopted a policy of terminating, in appropriate circumstances and at the Company's sole discretion, members who are deemed to be repeat infringers. The Company may also at its sole discretion limit access to the Site and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement or infringement of the Company's intellectual property rights specifically.

8. Third Party Websites and Content. a. The Site contains (or you may be sent through the Site to) links to other web sites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to, or permitting of the use or installation of any Third Party Site or any Third Party Applications, Software, or Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software, or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the Site.

b. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof, or any affiliation therewith, by the Company. Even if we recommend certain products, we are not offering any warrantees about the quality or safety of such products, either explicit or implied. You should do your own independent research, particularly when it comes to food- and health-related products.

9. Disputes between Users. You are solely responsible for your interactions with other WayBetter users. We reserve the right, but have no obligation, to monitor and/or resolve disputes between you and other users. In the event that we do resolve a dispute between or among you and other users, our decision shall be final.

10. Disclaimers.

a. Content. The Company is not responsible or liable in any manner for any User Content or Third Party Applications, Software, or Content posted on or accessible through the Site, whether posted or caused by users of the Site, by WayBetter, by third parties, or by any of the equipment or programming associated with or utilized in the Site. Although we provide rules for user conduct and postings, we do not control and are not responsible for what users post, transmit, or share on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful, or otherwise objectionable content you may encounter on the Site or in connection with any User Content or Third Party Applications, Software, or Content. The Company is not responsible for the conduct, whether online or offline, of any user of the Site.

b. Availability and Data Integrity. The Site may be temporarily down from time to time for maintenance or other reasons. The Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications including but not limited to User Content. The Company is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to User's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the worldwide web and/or in connection with the Site. Under no circumstances shall the Company be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death or to losses of bets on WayBetter, resulting from anyone's use of the Site, any User Content or Third Party Applications, Software or Content posted on or through the Site or transmitted to Users, or any interactions between users of the Site, whether online or offline.

c. Viruses and Malware. The Company does not represent or warrant that software, content or materials on the Site, or any Third Party Applications, Software, or Content are accurate, complete, reliable, current, or error-free or that the Site, its servers, or any Third Party Applications, Software or Content are free of viruses or other harmful components. Therefore, you should exercise caution in the use and downloading of any such software, content or materials and use industry-recognized software to detect and disinfect viruses.

d. Health Disclaimer. WayBetter is not a medical organization. Nothing contained in this Agreement or on the Site should be construed as medical advice. The information offered by WayBetter and its affiliates should not be interpreted as a substitute for physician consultation, evaluation, or treatment. The User acknowledges that WayBetter has no knowledge of any User's health condition(s) and that User alone is responsible for any actions User takes that may have any health or other risks to User. WayBetter may from time to time provide advice and comments as to weight loss and other health and wellness issues on its website or through e-mails and other media, including text, graphics, and images. This content is for informational purposes only and is not intended to be a substitute for professional review of your particular situation. WayBetter does not endorse or recommend any products, services, procedures or opinions that may be mentioned on its site.

e. Results. We believe our games, when played properly, will help most people to reach their goal including weight loss or maintenance. The Company cannot guarantee and does not promise any specific results from use of the Site and/or any Third Party Applications, Software, or Content. In no case shall the Company be responsible to you for losing money should you wager on any WayBetter sites. You acknowledge that betting is inherently risky.

f. Not a game of chance. WayBetter games are not games of chance. The intent of the program is to reward participants only for actions over which they have control or influence. The use of this program to reward participants for actions over which they have no control or influence is strictly prohibited.

g. Fees. WayBetter shall charge fees as set forth on its website for providing its game-related services, which fee may be changed from time to time. These may include direct fees as well as a percentage of money that Users bet on themselves.

h. Organizers. WayBetter games may be organized by an individual not associated with the company. These games may be private or open to the public. These Organizers have the right to eject players at their own discretion. Any disputes you have with Organizers must be resolved directly with the Organizer. The Company will not mediate such disputes or take any responsibility for the actions or inactions of game Organizers.

i. Hosts. WayBetter games may be hosted by individuals who may or may not be associated with the company. WayBetter is not responsible for any advice or tips they may offer in their games. If Hosts offer specific prizes in their games, they are responsible for delivering those prizes directly to players in the game. WayBetter is under no obligation to fulfill those prizes or incentives.

j. Disqualifications and Ejections. You may be disqualified for a variety of reasons by your game's Organizer or Host, including violating WayBetter's rules, Terms of Use, or for displaying bad sportsmanship in the judgment of your Organizer or Host. If you are disqualified or ejected for any reason, you will not receive a refund. You further acknowledge that your game's Organizer or Host has the absolute and unappealable right to eject anyone in the game. If you are not comfortable giving the Organizer or Host this power, do not play.

k. Excessive Weight Loss. You will be automatically disqualified for excessive weight loss. We do this to discourage players from losing what could be an unhealthy amount of weight, and to prevent players from winning by dint of rapid weight-loss procedures such as bariatric surgeries and liposuction. See individual game rules for disqualification thresholds. If you are disqualified for Excessive Weight Loss, you will not be entitled to a refund.

__11. Reward Points.__

a. Reward Points awards. Game winnings, as determined by the rules of the various WayBetter games, shall be awarded to players in Reward Points in accordance with the rules of such games. The amount of points awarded shall be automatically deposited into players' accounts.

b. Reward Points redemptions. Unexpired Reward Points may be redeemed in whole or in part in cash (e.g. via PayPal) at any time on the basis of USD $1.00 for each Reward Point and may also be applied at the same value for participation in new games or for any other purposes permitted from time to time by WayBetter, including purchases of products and services offered by WayBetter and its partners. Cash redemptions will be made though PayPal or other payment vendor designated by WayBetter. Players in the US also have the option to receive a check for a $5 handling fee. If PayPal is unavailable in the player’s region, payment will alternatively be made, if determined to be feasible by WayBetter, by check or by gift card of a major retailer accessible to player as selected by WayBetter. A handling fee may be deducted from all payments made through alternative payment methods.

c. Expiration of Reward Points. Reward Points in a player’s account shall remain in force for a period of one year from the date of the last activity that changes the number of Reward Points in a player’s account.

d. Conversion of current accounts to Reward Points. The amount of dollars in Credits allocated to each player’s account as of September 25, 2015 based on prior winnings shall be converted to Reward Points as of that date on the basis of one (1) Reward Point for each one U.S. dollar ($1.00) in such account.

e. General. Reward Points are the property of WayBetter and not of the players. They cannot be sold or transferred to any other person or entity, including to other players, and cannot be transferred by operation of law, such as by bankruptcy, inheritance, or divorce. Any such purported transfers shall be null and void. Players shall have no vested rights in Reward Points. They shall have no value except as provided in these rules, and shall under no circumstances have any value after their expiration. WayBetter is not responsible for and will have no liability arising from products and services offered by companies participating in its Reward Points program. WayBetter may, in its discretion, change the Reward Points program rules, awards and special offers, or terminate the program, at any time with or without notice to Reward Points holders.

12. Reservation of Rights. The Company reserves the right, solely in its discretion, to change any and all content, software, and other items used or contained in the Site at any time without notice; modify and/or discontinue the Site at any time without notice; and terminate your username, password and account, should you be in violation of the Terms of Use.

THE SITE AND THE SITE CONTENT ARE PROVIDED "AS-IS" AND THE COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA, OR SOFTWARE (INCLUDING ANY MOBILE CLIENT) FROM OR THROUGH THE SITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.

13. Limitation on Liability.

a. IN NO EVENT WILL COMPANY OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR ANY THIRD PARTY APPLICATIONS, SOFTWARE OR CONTENT OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

b. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE SITE DURING THE TERM OF THIS AGREEMENT AND IN NO CASE WILL EXCEED $1,000. THE COMPANY SHALL BEAR NO LIABILITY FOR ANY AMOUNTS LOST THROUGH A BET MADE ON OR THROUGH THE SITE. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO COMPANY FOR USE OF THE SITE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM THE COMPANY, REGARDLESS OF THE CAUSE OF ACTION.

14. Indemnity. You agree to indemnify and hold the Company, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any User Content, any Third Party Applications, Software or Content you post or share on or through the Site, your use of the Site, your conduct in connection with the Site or with other users of the Site, or any violation of this Agreement or of any law or the rights of any third party.

15. Communications from WayBetter. By playing a WayBetter game you acknowledge that during the game you will automatically receive certain messages related to the game. We default to opt-out because we believe these game-related messages are fundamental to the experience of playing. You may control your notifications preferences from our site and opt-out or (or opt back into) messaging at any time. Please see our Privacy Policy for how we protect the private data that you entrust to us.

16. Miscellaneous.

a. Governing Law; Venue and Jurisdiction. By visiting or using the Site, you agree that the laws of the State of Delaware, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and the Company or any of our affiliates. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts in Delaware, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts in Delaware.

b. Arbitration. You and the Company agree that all disputes, controversies or differences which may arise between the parties hereto, out of or in relation to or in connection with this Agreement shall be finally settled by binding arbitration in Delaware in accordance with the Consumer Procedures and Rules of the American Arbitration Association.

b. Privacy. Please review our Privacy Policy, which also governs your visit to the Site, to understand our practices.

c. Definitions and Constructions. Unless otherwise specified, the terms "includes", "including", "e.g.,", "for example", and other similar terms are deemed to include the term "without limitation" immediately thereafter. Terms used in these Terms with the initial letter(s) capitalized will have the meaning attributed to them in these Terms.

d. No Agency. There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and us or between us and any other Member or user of the Website.

e. Survival. Although this Agreement may be terminated by you or us at any time and for any reason, the terms of the following sections of this Agreement will survive any such termination and you and we will continue to be bound by such terms indefinitely: Section 2 (Terms), Section 5 (Proprietary Rights in Site Content), Section 9 (Member Disputes), Section 10 (Disclaimers), Section 14 (Limitation on Liability), Section 15 (Indemnity), and this Section 17 (Miscellaneous).

f. Entire Agreement. These Terms of Use constitute the entire agreement between you and Company regarding the use of the Site, superseding any prior agreements between you and the Company relating to your use of the Site.

g. Other. The failure of the Company to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms of Use shall be held invalid or deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provision.

Membership Provisions

REGISTRATION. To fully use the WayBetter Membership Service, you must register by e-mail as a member by providing a password, valid email address and valid credit card information. You must provide complete and accurate registration information to WayBetter and notify us if your information changes.

MEMBERSHIP PAYMENTS

Auto billing; Subscription Fees; Free Trial Terms. The WayBetter Membership Service is a paid, auto-renewing subscription service. If you purchase a subscription by accepting our Free Trial offer, you are agreeing to automatic (recurring) billing, and agree to pay the charges made to your account in connection therewith. Your Subscription, and monthly billing of your account, will continue indefinitely until cancelled by you.

Your Membership begins when you have completed the Free Trial sign-up process (i.e., when we collect your personal and payment information). At the end of your 30-day Free Trial, you will begin to be billed automatically each month (about every 30 days) until you cancel. Once we begin to bill you, cancellations take effect starting at the end of your current billing period, meaning there are no partial month refunds or credits. If you cancel your Free Trial membership at anytime in the first thirty days (i.e., during the Free Trial period), you will not be charged.

At certain times, we may offer special promotional offers ("Special Offers") that are billed at a discounted rate. These offers may have a different Free Trial period length, or no Free Trial period. In these cases, you will begin to be billed at the time payment information is collected, or, if a Free Trial is being offered, at the end of the special Free Trial period.

These terms will always be disclosed on the payment screen at the time of sign up, prior to our acceptance of payment.

In all instances, you will continue to be automatically billed monthly after your Free Trial ends (or immediately if there is no Free Trial).

The pricing of our Services may vary periodically. We cannot guarantee that the price of your Subscription is the lowest available, or historically lowest or best, price. You will be charged in accordance with the billing terms you agreed to at the time you signed up.

Players winning games will be awarded redeemable Reward Points in accordance with WayBetter's Terms of Use.

Quarterly and Annual Subscriptions.

In certain circumstances, we will offer Subscriptions for a longer term (for example, 3 months, 6 months or even a year). These longer-term Subscriptions are charged in full upon purchase, and automatically renew for the same duration as the initial Subscription term you selected (for example, if you initially purchased a 3 month Subscription, your Subscription will automatically renew for three months; 6 month subscriptions will automatically renew for six months, and so on). The amount due for the next renewal term will be due and immediately payable in full and charged as of the first day of such renewal term. You can always cancel before your next renewal term by logging into your account, and following the cancellation instructions below ("How to Cancel").

Charge Authorization

When you sign up for our Service and provide a payment method to StepBet, you are granting your express consent and are expressly authorizing us (and our designated payment processor) to automatically charge you each month for the Service.

If you provide a payment method and our charge results in an overdraft, chargeback or other fee from your bank, you alone are responsible for that fee.

HOW TO CANCEL

If you do not wish for your account to renew automatically, or if you want to change or terminate your subscription, email support@waybetter.com with your account email and notice of cancellation.

EVEN IF YOU DO NOT USE THE SUBSCRIPTION OR ACCESS THE StepBet APPLICATION, YOU WILL BE RESPONSIBLE TO PAY ANY SUBSCRIPTION FEES UNTIL YOU CANCEL YOUR SUBSCRIPTION OR IT IS OTHERWISE TERMINATED. To cancel, follow the instructions above ("How to Cancel”).

Changes to Membership Program

WayBetter may change, modify, add, remove, suspend, cancel or discontinue any aspect of its membership program and subscriptions including the functionality, content, and/or availability of any features of its membership program at any time in WayBetter's sole discretion.

WayBetter may increase its fees for any subscription effective the first day of a billing renewal by giving you notice of the new fees at least thirty (30) days before you are billed. If you do not cancel your subscription, you will be deemed to have accepted the new fees.

WayBetter's Code of Conduct

We encourage good-natured jocularity in the spirit of friendly competition but we also intend for WayBetter to be a place where people respect the rights and feelings of others, including third party intellectual property rights. Therefore, we have established certain rules for using WayBetter and for posting messages, photos, video and other content ("Content") on WayBetter, which rules are set forth in the Terms of Use and in this Code of Conduct.

WHEN YOU PLAY A WAYBETTER GAME, YOU ARE AGREEING TO ABIDE BY THE CODE OF CONDUCT AND THE OTHER RULES SET FORTH IN OUR TERMS OF USE. FAILURE TO ADHERE TO THIS CODE OF CONDUCT AND THE TERMS OF USE MAY RESULT, AMONG OTHER THINGS, IN TERMINATION OF YOUR ACCOUNT AND THE DELETION OF CONTENT THAT YOU HAVE POSTED ON WAYBETTER OR ANY OF IT'S SITES, WITH OR WITHOUT NOTICE, AS DETERMINED BY WAYBETTER IN ITS SOLE DISCRETION. Please refer to our Terms of Use for more information about the rules applicable to your use of WayBetter and the other rights and remedies of WayBetter.

WayBetter's Anti-Cheating Provisions

WayBetter expects and requires fairness on the part of its players. To assure compliance with its standards, Waybetter reserves the right to require additional audit of results. Some players may be required to submit additional proof of their final submission within 24 hours of being requested to do so. Instructions on the process will be sent to the player upon being notified of this requirement. Non-compliance by a player with these requirements will result in forfeiture of a player's winning proceeds and initial bet. Further, Waybetter may in its complete discretion decline to permit any individuals to participate in its games. By enrolling in one of WayBetter's games, the player accepts all of WayBetter's terms and conditions and acknowledges that that the decisions of WayBetter's officials shall be final and conclusive with respect to all matters involving WayBetter games.

SUBMISSION OF FRAUDULENT INFORMATION NOT ONLY VIOLATES WAYBETTER'S GAME RULES BUT MAY SUBJECT THE PLAYER TO CRIMINAL PENALTIES.

Third-Party Content

Waybetter allows you to upload and share user generated Content with your friends, such as photographs and videos you upload from your camera, webcam or mobile phone. This means that you may post and share original photographs and videos of a personal nature that: (i) are of you or others, (ii) are taken by you or others, or (iii) are original art or animation created by you or others. It is not intended as a place for you to post third-party copyrighted content. In addition, we expect our users to use good judgment and respect the copyrights and other intellectual property rights of others. Therefore, in using WayBetter, you may not:

  • upload or share any photographs, videos or other Content other than original works that are created by you or another user
  • post or share any Content that infringes upon or violates the copyright, trademarks or other rights of any third party
  • attempt to circumvent any content filtering techniques we may employ

Inappropriate Content

While we believe users should be able to express themselves and their point of view, certain kinds of speech simply do not belong in a community like WayBetter. Therefore, you may not post or share Content that:

  • is obscene, pornographic, or sexually explicit
  • depicts graphic or gratuitous violence
  • makes threats of any kind or that intimidates, harasses, or bullies anyone
  • is derogatory, demeaning, malicious, defamatory, abusive, offensive or hateful

Unlawful or Harmful Content or Conduct

Although as an online service provider we are not responsible for the conduct of our users, we want WayBetter to be a safe place on the internet. Therefore, in using Waybetter, you may not:

  • violate any local, state, national, or international law or post any Content that would encourage or provide instructions for a criminal offense
  • impersonate any person or entity or otherwise misrepresent yourself, your age, or your affiliation with any person or entity
  • use Waybetter to send or make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation
  • post or share any personally identifiable or private information of any third party
  • solicit passwords or personal information from anyone, including those under 18
  • use information or content you obtained on the WayBetter website or service in any manner not authorized by the WayBetter Code of Conduct or Terms of Use
  • post any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment
  • register for more than one account; use or attempt to use another's account, service, or system without authorization; or create a false identity on the Service or the Site
  • engage in any predatory or stalking conduct

This Code of Conduct is subject to change at any time at WayBetter's sole discretion.