Last modified: August 9, 2021
BestOfU (“We,” “us,” or “our”) is excited that you have decided to access and use our Application (“App”), which is available to you for download in the iTunes store. We are also making available to you the option to purchase supplements directly through a Shopify eCommerce website located at www.GetBestOfU.com (“Website”).
- General Terms and Conditions
1.1 Changes. You understand and agree that we may change this Agreement at any time without prior notice. The revised Agreement will become effective at the time of posting unless specified otherwise. Any use of the App or Website after the effective date will constitute your acceptance of such revised Agreement. If you find any change to this Agreement or the App and Website unacceptable, then please stop accessing, browsing, and otherwise using the Services.
- Description and Use of Services
2.1 Application. Through the use of our App, we provide you with services that will help enhance your mental and physical wellness. By downloading and registering the App, BestOfU will give you access to a community network, provide you with supplement suggestions, and connect you with relevant articles to improve your mental and physical wellness. Users may upload, post or transmit (collectively, “User Content”) to or through the App including, without limitation, any text, comments and other works (see Section 8 for more detail). Users will also be able to connect the App to their wearable devices, including but not limited to, Apple watches, Fitbits, and other fitness trackers. While the App and its services are free to download, we recommend that you add the paid premium service.
2.2 Website. We also provide our users the option to purchase supplements directly from the Website at www.GetBestOfU.com. The Website will contain descriptions of the supplements, which will all be white-labeled and branded under the BestOfU name. We attempt to be as accurate as possible with the descriptions of the supplements. However, we make no warranties that the supplement descriptions and any other content are accurate, complete, reliable, current, or error-free. If a supplement offered by us is not as described, your sole remedy is to return it in unused condition. We reserve the right, at any time, to modify, suspend, or discontinue the sale of any supplement with or without notice and we will not incur any obligation as a result of such change.
2.3 No Medical Advice. You acknowledge and agree that BestOfU does not provide any form of medical care, medical opinion, medical advice, diagnosis, or treatment, and that BestOfU does not evaluate the need to seek medical attention, through the App or Website. The App and its content are for informational purposes only, and are not intended as a substitute for professional medical advice, diagnosis, or treatment. You should not use the information on the App or Website for diagnosing or treating a health problem or disease, or prescribing any medication or other treatment. Always seek the advice of your physician or other qualified health provider before taking any medication or nutritional, herbal or homeopathic supplement and with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the App and Website. If you think you may have a medical emergency, call your doctor or 911 immediately. Reliance on the App or Website is solely at your own risk. Information provided on the App and Website and the use of any products or services purchased from us by you does not create a doctor-patient relationship between you and any of the health professionals affiliated with us. Information and statements regarding supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease.
2.4 Account Registration and Password. While you may always browse the public-facing Website to purchase supplements, you must create an account or log in to view content on the App. After you download the App, you will be asked to create an account, which includes your email address as a sign-in name (“Sign-In Name”), and a password (“Password”). When creating your account, you must provide true, accurate, current, and complete information. Each Sign-In Name and corresponding Password can be used by only one user. You are responsible for the confidentiality and use of your Sign-In Name and Password.
- Payment for Services and Supplements
3.1 Payment. While the App is free to download and its services are free to use, we recommend that you purchase the premium service to enjoy the full benefits of the App. If you purchase the premium services, you will be charged the stated amount and any applicable taxes and service fees upon enrollment. We may use a third party payment vendor (“Third-Party Payment Vendor”) to process your payment. You warrant and represent that you are the valid owner or an authorized user, of the credit card or other payment card to such Third Party Payment Vendor, and that all information you provide is accurate. If payment cannot be charged to your credit card or if a charge is refunded for any reason, we reserve the right to immediately either suspend or terminate your access and account, thereby terminating this Agreement and all our obligations hereunder. We reserve the right to change any of the fees that we charge, or to institute new or additional fees, at any time upon notice to you.
3.2 Free Trial. If your premium service starts with a free trial, the duration of which will be specified during enrollment, we will charge your designated payment method at the end of the free trial period, unless you cancel prior to the end of the free trial period. By providing your payment details when enrolling in the free trial, you agree that we may charge the premium service fee to your designated payment method upon conclusion of the free trial period. Free trials are only available to first-time users. We reserve the right, in its sole discretion, to determine your free trial eligibility.
3.4 Supplement Shipping. When you place an order for supplements on the Website, our packages are shipped via a third party logistics company, which is expected to deliver the supplements between 5-7 business days. In the event of shipping delays, please expect to be contacted by a representative.
3.5 Refunds. Supplements may be returned within 30 days of receiving them for a full refund.
- Community Guidelines and Restrictions
4.1 Restrictions. BestOfU takes pride in its community of users. To maintain such community, we ask that users follow a few simple rules. By accessing or using the App or Website, you hereby agree to comply with these community rules and that:
(a) You will comply with all applicable laws in your use of the App and will not use the App or supplements sold on the Website for any unlawful purpose;
(b) You will not copy, modify, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the App or supplements sold on the Website;
(c) You will not decompile, reverse engineer, or disassemble any software or
other products or processes accessible through the App or Website;
(d) You will not circumvent, remove, alter, deactivate, degrade, or thwart any of the protections on the App or Website;
(e) You will not access or use the Services to collect any market research for a competing business;
(f) You will not upload, post, email, transmit, or otherwise make available any
content that infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity; or is threatening, tortious, defamatory, libelous, indecent, obscene, pornographic, invasive of another’s privacy, or promotes violence; or discloses any sensitive information about another person, including that person’s email address, postal address, phone number, credit card information, or any similar information;
(g) You will not “stalk” or otherwise harass another user; and
(h) You will not interfere with or attempt to interrupt the proper operation of the
the App or Website through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the App and the Website through hacking, password or data mining, or any other means.
4.2 Breach of Restrictions. Upon the breach of any of the aforementioned restrictions, we reserve the right, in our sole and absolute discretion, to deny you access to the Website and the Services, or any portion of the App and the Website, without notice, and to remove any comments that do not adhere to these guidelines.
- Reservation of Rights
5.1 Ownership Rights. You acknowledge and agree that the App is provided under license, and not sold, to you. You do not acquire any ownership interest in the App under this Agreement, or any other rights thereto other than to use the App in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. BestOfU reserves and shall retain its entire right, title, and interest in and to the App.
5.2 Intellectual Property. Except for User Content, the content that our App and the Website provides, including but are not limited to supplements, software, text, graphics, images, and other material may be protected by copyright or other intellectual property rights by BestOfU or third parties (collectively, the “Content”). Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use the Content except as permitted under this Agreement. No other use is permitted without prior written consent from us.
- User Content
6.1 Posting User Content. Users may post content through the App, including but not limited to, message boards and discussion rooms about their mental and physical wellness. We cannot and do not review it all–we are merely acting as a passive conduit for distribution of the User Content to other users of the App. That said, we may remove User Content that violates the terms of this Agreement, or that is offensive or otherwise unacceptable to us in our sole discretion.
6.2 Intellectual Property. While you retain all copyrights and other intellectual property rights in and to your User Content, you do, however, hereby grant BestOfU an unrestricted, assignable, sublicensable, revocable, royalty-free license throughout the universe to reproduce, distribute, publicly display, make available, create derivative works from, retransmit from External Sites, and otherwise exploit and use (collectively, “Use”) all or any part of all User Content you Post to or through the Service by any means.
6.3 Liability. You expressly acknowledge and agree that once you submit your User Content for inclusion into the App, it will be accessible by others, and that there is no confidentiality or privacy with respect to such User Content, including, without limitation, any personally identifying information that you may make available. You, and not BestOfU, are entirely responsible for all your User Content that you upload, post, email, or otherwise transmit via the Services.
6.4 Representations and Warranties. If you submit User Content to us, each such submission constitutes a representation and warranty to BestOfU that such User Content is your original creation (or that you otherwise have the right to provide the User Content), that you have the rights necessary to grant the license to the User Content under the prior paragraph, and that it and its use by BestOfU does not and will not infringe or misappropriate the intellectual property or moral rights of any person or contain any libelous, defamatory, or obscene material or content that violates the terms of this Agreement.
- External Sites
The App and Website may contain links to third-party websites and content (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk. The content of such External Sites is developed and provided by others and you should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites.
- Disclaimer of Warranties and Limitation of Liability
THE APP AND WEBSITE ARE PROVIDED TO END USER “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE WARRANTY OF TITLE, MERCHANTABILTY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE.
IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) WE SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE SERVICES, OR THE CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (II) ANY DIRECT DAMAGES THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE SERVICES, OR THE CONTENT SHALL BE LIMITED TO THE MONIES YOU HAVE PAID US IN CONNECTION WITH YOUR USE OF THE SERVICES DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION ON SOME WARRANTIES. THEREFORE, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
THE APP AND THE WEBSITE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS LISTED ON THE WEBSITE AND THE SERVICES. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE SERVICES AT ANY TIME WITHOUT NOTICE.
WE RESERVE THE RIGHT TO CANCEL OR MODIFY AN ORDER WHERE IT APPEARS THAT A CUSTOMER HAS ENGAGED IN FRAUDULENT OR INAPPROPRIATE ACTIVITY OR UNDER OTHER CIRCUMSTANCES WHERE IT APPEARS THAT THE ORDER CONTAINS OR RESULTED FROM A MISTAKE OR ERROR.
YOU SHOULD ALWAYS CONSULT YOUR PHYSICIAN OR MEDICAL ADVISORS BEFORE STARTING ANY SUPPLEMENTATION. IN ADDITION, YOU SHOULD CAREFULLY READ ALL INFORMATION PROVIDED BY THE MANUFACTURERS OF THE SUPPLEMENTS OR IN THE SUPPLEMENT PACKAGING AND LABELS BEFORE USING ANY SUPPLEMENT PURCHASED FROM OUR WEBSITE. INFORMATION PROVIDED ON THE WEBSITE AND THE APP DOES NOT CONSTITUTE A DOCTOR-PATIENT RELATIONSHIP BETWEEN YOU AND ANY OF THE HEALTH PROFESSIONALS AFFILIATED WITH OUR COMPANY. INFORMATION AND STATEMENTS REGARDING SUPPLEMENTS HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION AND ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE OR PREVENT ANY DISEASE.
- Dispute Resolution
9.1 General. Any dispute arising out of or in any way related to this Agreement or your use of the App or Website will be resolved by binding arbitration governed by the Federal Arbitration Act (“FAA”). You understand and agree that, by entering into this Agreement, you and BestOfU are waiving the right to litigate in court or to have a trial by jury or to participate in a class action. However, either party may bring its claim in its local small claims court, if permitted by that small claims court rules and if within such court’s jurisdiction.
9.2 Arbitrator. All disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the FAA. The arbitration shall be administered by the Judicial Arbitration and Mediation Services (“JAMS”) pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules, or, where appropriate, pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. All applicable JAMS’ rules and procedures are available at the JAMS website http://www.jamsadr.com. Each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules. Judgment on any award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
9.3 No Class Actions. You and BestOfU agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Further, unless both you and BestOfU agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
You agree to defend, indemnify, and hold us and our officers, directors, employees, successors, licensees and assigns harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from: (i) your breach of this Agreement; (ii) your misuse of the Content, the Website, or the Services; or (iii) your violation of any third-party right, including without limitation any copyright, trademark, property, or privacy right.
- Compliance with Applicable Laws
We make no representation that materials on the Services are appropriate, lawful, or available for use in any locations other than the United States and Canada. Those who choose to access or use the Service from locations outside the United States and Canada do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Access to the Service from jurisdictions where the contents or practices of the Service are illegal, unauthorized, or penalized is strictly prohibited.
- Severability and Termination of the Agreement
12.1 Term. The term of this Agreement commences when you download the App and will continue in effect until terminated by you or Company as set forth in this Section 12.
12.2 Termination. You may terminate this Agreement by deleting the App from your device and terminating all other uses of the Services. We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Services, at any time and for any reason without prior notice or liability. We also reserve the right to change, suspend, or discontinue all or any part of the Services at any time without prior notice or liability.
12.3 Severability. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect. However, if any fundamental term or provision of this Agreement is invalid, illegal, or unenforceable, the remainder of this Agreement shall be unenforceable.
13.1 Waiver. Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance
13.2 Entire Agreement. Except as expressly agreed by us and you in writing, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.