Terms of Service

 

1. Introduction

1.1 The following terms and conditions govern all use of the 4better4Ever.com website and all content, services and products available at or through the website (taken together, the “Website” or “Site”).

1.2 The Website is owned and operated by 4Better 4Ever Inc. (“4Better 4Ever”). In this Terms of Service, “we”, “us” and “our” refer to 4Better 4Ever. For more information about us, see Section 22.

1.3 The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, 4Better 4Ever’s Privacy Policy, Cookie Policy and Disclaimer) and procedures that may be published from time to time on this Site by 4Better 4Ever (collectively, the “Agreement”).

1.4 Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to become bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services.

1.5 If these terms and conditions are considered an offer by 4Better 4Ever, acceptance is expressly limited to these terms.

1.6 The Website is available only to individuals who are at least 18 years old. By using this Website and by agreeing to these terms and conditions, you warrant and represent that you are at least 18 years of age.

2. Responsibility of contributors

2.1 If you comment on a blog, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software.

2.2 By making Content available, you represent and warrant that:

(a) the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;

(b) if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;

(c) you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;

(d) the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;

(e) the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);

(f) the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;

(g) your blog is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and websites, and similar unsolicited promotional methods;

(h) your blog is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog’s URL or name is not the name of a person other than yourself or company other than your own; and

(i) you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by 4Better 4Ever or otherwise.

2.3 By submitting Content to 4Better 4Ever for inclusion on your website, you grant 4Better 4Ever a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your blog.

(a) If you delete Content, 4Better 4Ever will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

(b) Without limiting any of those representations or warranties, 4Better 4Ever has the right (though not the obligation) to, in 4Better 4Ever’s sole discretion

• refuse or remove any content that, in 4Better 4Ever’s reasonable opinion, violates any 4Better 4Ever policy or is in any way harmful or objectionable, or
• terminate or deny access to and use of the Website to any individual or entity for any reason, in 4Better 4Ever’s sole discretion.

(c) 4Better 4Ever will have no obligation to provide a refund of any amounts previously paid.

3. Payment and renewal

3.1 General Terms:

(a) By selecting a product or service, you agree to pay 4Better 4Ever the one-time and/or monthly or annual subscription fees indicated (additional payment terms may be included in other communications).

(b) Subscription payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated.

(c) Payments are not refundable with the following exception:

• The product or service purchased is subject to a 30-day money back guarantee; and
• You let us know in writing before the 30 days that you are not satisfied with the product or service and wish to receive a full refund.

3.2 Automatic Renewal:

(a) Unless you notify 4Better 4Ever before the end of the applicable subscription period that you want to cancel a subscription, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such subscription (as well as any taxes) using any credit card or other payment mechanisms we have on record for you.

(b) Upgrades can be cancelled at any time by submitting your request to 4Better 4Ever in writing.

4. Services

4.1 Fees; Payment:

(a) By signing up for a Service, you agree to pay 4Better 4Ever the applicable fees and recurring fees. Applicable fees will be invoiced starting from the day your services are established and in advance of using such services.

(b) 4Better 4Ever reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you.

(c) Services can be cancelled by you at any time on thirty (30) days written notice to 4Better 4Ever. (Unless otherwise specified). 

5. Responsibility of Website visitors

5.1 4Better 4Ever has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects.

5.2 By operating the Website, 4Better 4Ever does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.

5.3 The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors.

5.4 The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated.

5.5 4Better 4Ever disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

6. Content posted on other websites

6.1 We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which 4better4Ever.com links, and that link to 4better4Ever.com. 4Better 4Ever does not have any control over those non-4Better 4Ever websites and webpages, and is not responsible for their contents or their use.

6.2 By linking to a non-4Better 4Ever website or webpage, 4Better 4Ever does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.

6.3 4Better 4Ever disclaims any responsibility for any harm resulting from your use of non-4Better 4Ever websites and webpages.

7. Copyright infringement

7.1 As 4Better 4Ever asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by 4better4Ever.com violates your copyright, you are encouraged to notify 4Better 4Ever. 4Better 4Ever will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material.

7.2 4Better 4Ever will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of 4Better 4Ever or others.

7.3 In the case of such termination, 4Better 4Ever will have no obligation to provide a refund of any amounts previously paid to 4Better 4Ever.

8. Intellectual property

8.1 This Agreement does not transfer from 4Better 4Ever to you any 4Better 4Ever or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with 4Better 4Ever.

8.2 4Better 4Ever, 4better4Ever.com, the 4better4Ever.com logo, and all other trademarks, service marks, graphics and logos used in connection with 4better4Ever.com, or the Website are trademarks or registered trademarks of 4Better 4Ever or 4Better 4Ever’s licensors.

8.3 Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any 4Better 4Ever or third-party trademarks.

9. License to use our Website

9.1 Unless otherwise stated, 4Better 4Ever owns the intellectual property rights published on this Website and materials used on www.4better4ever.com. Subject to the license below, all these intellectual property rights are reserved.

9.2 You may view, download for caching purposes only, and print pages, files or other content from the Website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

9.3 You must not:

(a) republish material from this Website in neither print nor digital media or documents (including republication on another website);

(b) sell, rent or sub-license material from the Website;

(c) show any material from the Website in public;

(d) reproduce, duplicate, copy or otherwise exploit material on this Website for a commercial purpose;

(e) edit or otherwise modify any material on the Website;

(f) redistribute material from this Website – except for content specifically and expressly made available for redistribution; or

(g) republish or reproduce any part of this Website through the use of iframes or screenscrapers.

9.4 Where content is specifically made available for redistribution, it may only be redistributed within your organization.

10. Acceptable use

10.1 You must not use this Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of www.4better4ever.com or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

10.2 You must not use this Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

10.3 You must not conduct any systematic or automated data collection activities on or in relation to this Website without 4Better 4Ever’s express written consent. This includes:

(a) scraping

(b) data mining

(c) data extraction

(d) data harvesting

(e) ‘framing’ (iframes)

(f) Article ‘Spinning’

10.4 You must not use this Website or any part of it to transmit or send unsolicited commercial communications.

10.5 You must not use this Website for any purposes related to marketing without the express written consent of 4Better 4Ever.

11. Restricted access

11.1 Access to certain areas of this Website is restricted. 4Better 4Ever reserves the right to restrict access to certain areas of this Website, or at our discretion, this entire Website.

11.2 4Better 4Ever may change or modify this policy without notice.

11.3 If 4Better 4Ever provides you with a user ID and/or password to enable you to access restricted areas of this Website or other content or services, you must ensure that the user ID and/or password are kept confidential.

11.4 You alone are responsible for your password and user ID security.

11.5 4Better 4Ever may disable your user ID and password at 4Better 4Ever’s sole discretion without notice or explanation.

11.6 By using this Website, you agree that the exclusions and limitations of liability set out in this Website disclaimer are reasonable.

11.7 If you do not think they are reasonable, you must not use this Website.

12. Other parties

12.1 You accept that, as a limited liability entity, 4Better 4Ever has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against 4Better 4Ever’s officers or employees in respect of any losses you suffer in connection with the Website.

12.2 Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this Website disclaimer will protect 4Better 4Ever’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as 4Better 4Ever.

13. Unenforceable provisions

13.1 If any provision of this Website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this Website disclaimer.

14. Breaches of these terms and conditions

14.1 Without prejudice to 4Better 4Ever’s other rights under these terms and conditions, if you breach these terms and conditions in any way, 4Better 4Ever may take such action as we deem appropriate to deal with the breach, including suspending your access to the Website, prohibiting you from accessing the Website, blocking computers using your IP address from accessing the Website, contacting your internet service provider to request that they block your access to the Website and/or bringing court proceedings against you.

15. Changes

15.1 4Better 4Ever reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes.

15.2 4Better 4Ever may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

16. Termination

16.1 4Better 4Ever may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately.

16.2 If you wish to terminate this Agreement or your 4better4Ever.com account (if you have one), you may simply discontinue using the Website.

16.3 Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by 4Better 4Ever if you materially breach this Agreement and fail to cure such breach within thirty (30) days from 4Better 4Ever’s notice to you thereof; provided that, 4Better 4Ever can terminate the Website immediately as part of a general shut down of our service.

16.4 All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

17. Disclaimer of warranties

17.1 The Website is provided “as is”. 4Better 4Ever and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement.

17.2 Neither 4Better 4Ever nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted.

17.3 You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

18. Limitation of liability

18.1 In no event will 4Better 4Ever, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for:

(a) any special, incidental or consequential damages;

(b) the cost of procurement for substitute products or services;

(c) for interruption of use or loss or corruption of data; or

(d) for any amounts that exceed the fees paid by you to 4Better 4Ever under this agreement during the twelve (12) month period prior to the cause of action.

18.2 4Better 4Ever shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

19. General representation and warranty

19.1 You represent and warrant that

(a) your use of the Website will be in strict accordance with the 4Better 4Ever Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and

(b) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

20. Indemnification

20.1 You agree to indemnify and hold harmless 4Better 4Ever, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

21. Miscellaneous

21.1 This Agreement constitutes the entire agreement between 4Better 4Ever and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of 4Better 4Ever, or by the posting by 4Better 4Ever of a revised version.

21.2 Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of Crapaud, PEI, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Charlottetown, PEI.

21.3 Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules.

21.4 The arbitration shall take place in Charlottetown, PEI, in the English language and the arbitral decision may be enforced in any court.

21.5 The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees.

21.6 If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect.

21.7 A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.

21.8 You may not transfer, sub-contract or otherwise assign your rights and/or obligations under this Agreement to any party.

21.9 4Better 4Ever may transfer, sub-contract or otherwise assign its rights and/or obligations under this Agreement without notifying you or obtaining your consent.

21.9 This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

22. Our details

22.1 You can contact us:

(a) by mail, to 857 Victoria Road, Victoria, PE, C0A 1J0;

(b) using our Website contact form;

(c) by email, using the email address published on our Website from time to time.