Website and Online Store Terms of Use 

Last Updated: October 7, 2024

Important:  Please carefully read and understand these Terms of Use.  They contain an arbitration agreement, jury and class action waivers, limitations on Bigdam’s liability and other provisions that impact your legal rights.  

Please also review the Bigdam Privacy Policy at [Click here], and any related privacy notices, which describes how we collect, use, and share information.  By accepting these Terms of Use, you also understand and agree these Terms of Use will govern any disputes arising out of or related to the Privacy Policy.  

THESE TERMS AND CONDITIONS OF USE (“TERMS OF USE”) GOVERN YOUR USE OF OUR ONLINE INTERFACES, FEATURES AND PROPERTIES (E.G., WEBSITES), ANY ONLINE SERVICE OWNED AND CONTROLLED BY BIGDAM, ITS AFFILIATES AND SUBSIDIARIES (COLLECTIVELY “COMPANY”), ANY RELATED MOBILE APPLICATIONS AND SERVICES, AND ANY THIRD-PARTY WEBSITE REFERENCING THE SITE THAT LINKS TO THESE TERMS OF USE (COLLECTIVELY, THE “SITE”). THE SITE IS DESIGNED FOR USERS IN THE UNITED STATES. BIGDAM CONTROLS AND OPERATES THE SITE FROM BIGDAM’S OFFICES IN THE UNITED STATES. BIGDAM DOES NOT REPRESENT THAT MATERIALS ON THE SITE ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. IF YOU CHOOSE TO ACCESS THE SITE FROM OTHER LOCATIONS, YOU ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAWS IF AND TO THE EXTENT LOCAL LAWS ARE APPLICABLE.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OR CONTINUING TO USE THE SITE. THESE TERMS OF USE INCLUDE AN ARBITRATION CLAUSE AND A WAIVER OF YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE LAWSUIT. BY ACCESSING THE SITE, YOU ATTEST THAT YOU ARE AT LEAST (1) 18 YEARS OLD AND RESIDE IN THE UNITED STATES, OR (2) THE AGE OF MAJORITY IN THE JURISDICTION YOU RESIDE AND (3) AGREE TO AND ARE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, YOU MUST NOT USE THE SITE OR CANCEL YOUR ACCOUNT. THESE TERMS OF USE MAY BE UPDATED FROM TIME TO TIME.

These Terms of Use cover:

    1.    Ownership of the Site

    2.    Site Access, Security and Restrictions; Passwords

    3.    Order Acceptance

    4.    Order Cancellation

    5.    Payment Methods

    6.    Our Information Practices; Communications

    7.    Accuracy and Integrity of Information; Typographical Errors

    8.    Modifications to Products and Prices

    9.    Subscriptions

    10.    Returns; Exchanges; and Refunds

    11.    Shipments; Delivery; Title and Risk of Loss

    12.    Reseller; Wholesalers; Orders for a Commercial Purpose

    13.    User Generated Content, Reviews, Feedback and other Postings to the Site

    14.    Spokespeople

    15.    Trademarks and Copyright; Claims of Copyright Infringement

    16.    Links to Other Websites

    17.    Disclaimer of Warranties

    18.    Limitation of Liability Regarding Use of Site

    19.    Indemnity

    20.    Pre-Dispute, Mandatory Binding Arbitration, and Class Action Waiver

    21.    Applicable Law

    22.    Investigations; Cooperation with Law Enforcement; Termination; Survival

    23.    Assignment

    24.    International Issues

    25.    Revisions

    26.    Severability; Interpretation

1. Ownership of the Site

All pages within the Site and any material made available for download are the property of Company, or its licensors or suppliers, as applicable. The Site is protected by United States and international copyright, trademark and other intellectual property laws. The contents of the Site, including without limitation all data, files, documents, text, photographs, images, graphics, screen shots, trademarks, logos, product and program names, slogans, audio, and video, and any materials accessed through or made available for use or download through the Site (“Content”) may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized by these Terms of Use or otherwise approved in writing by Company. You may not frame or utilize framing techniques to enclose, or deep link to, any name, trademarks, service marks, logo, content or other proprietary information (including images, text, page layout, or form) of Company without our express written consent.

2. Site Access, Security and Restrictions; Passwords

You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; or (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the Site or any portion thereof without authorization, in violation of these Terms of Use or in violation of applicable law.

You may not use any scraper, crawler, spider, robot or other automated means of any kind to access or copy data on the Site, deep-link to any feature or content on the Site, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site. You will not use any electronic communication feature of the Site for any purpose that is unlawful, tortious, intrusive on another’s privacy, harassing, libelous, defamatory, obscene, or threatening. You agree not to upload, download, reproduce, display, distribute, misuse or use any Content, information, software or other material located on the Site in any other manner that is likely to cause confusion among consumers, that dilutes the strength of Company or its licensor's property, or that otherwise infringes Company’s or its licensors’ intellectual property rights. You further agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site.

You agree that you will not: (i) copy, modify, create any derivative work of; or (ii) reverse assemble, decompile, reverse engineer or otherwise attempt to derive source code (or the underlying ideas, algorithms, structure or organization); or (iii) remove any copyright notices, identification or any other proprietary notices from any of the software, copyrighted content and any proprietary information in the Site.

Some areas of the Site or content provided on or through the Site may have additional rules, guidelines, license agreements, user agreements or other terms and conditions that apply to your access or use of that area of the Site or content (including terms and conditions applicable to a corporation or other organization and its users). If there is a conflict or inconsistency between these Terms of Use for the, and the rules, guidelines, license agreement, user agreement or other terms and conditions for a specific area of the Site or for specific content, the latter shall have precedence and control with respect to your access and use of that area of the Site or content.

In the event access to the Site or a portion thereof is limited requiring a user ID and password, you agree to access protected areas using only your user ID and password as provided to you by Company. You agree to protect the confidentiality of your user ID and password, and not to share or disclose your user ID or password to any third party. You agree that you are fully responsible for all activity occurring under your user ID. You will immediately notify Company if you suspect any unauthorized use of your account, password, or user ID, or any other breach of security in connection with the Site. Your access to the Site may be revoked by Company at any time with or without cause.

3. Order Acceptance

You can purchase products on the Site. You agree that your Order is an offer to buy, under these Terms of Use, all products and services listed in your Order (the “Order”). By confirming your purchase during the checkout process on the Site, you agree to pay for your Order. All Orders must be accepted by Company in order to become a binding obligation to sell you products via the Site. 

For your convenience, you will not be charged until your payment method is authorized, the Order information is verified for accuracy and your Order is shipped (except for Orders, including pre-orders, paid for with a gift card or a third-party payment processing account which are charged at the time you place your Order, not when your Order is shipped).

4.  Order Cancellations

Company reserves the right to, in its sole discretion and for any reason, on a case-by-case basis, to do the following:

(a)    Reject or cancel any Orders even after a confirmation email has been sent with the Order number and details. Some situations that may result in an Order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by Company’s credit and fraud avoidance department. Company will notify you in the event of an Order cancellation. If your Order is canceled after your credit card (or other payment account) has been charged, Company will issue a credit to your credit card (or other applicable payment account) in the amount of the charge.

(b)    Limit the quantity of items purchased per person, per household or per Order. These restrictions may be applicable to Orders placed by the same account, the same credit card, and also to Orders that use the same billing and/or shipping address. Company will provide notification to the customer should such limits be applied.

(c)    Limit the sales of its products to any person, geographic region or jurisdiction.

(d)    Prohibit sales to dealers or resellers. For purposes of these Terms of Use, reselling shall be defined as purchasing or intending to purchase any product(s) from Company for the purpose of engaging in a commercial sale of that same product(s) with a third party. 

(e)    Require additional verification or information before accepting any Order. Company will contact you if additional information is required to accept your Order.

5.  Payment Methods

Company accepts credit and debit cards issued by U.S. banks. If a credit card account is being used for a transaction, then Company may obtain preapproval for an amount up to the amount of the payment. If you enroll to make recurring payments automatically, all charges and fees will be billed to the credit card you designate during the setup process. If you want to designate a different credit card or if there is a change in your credit card, you must change your information online. This may temporarily delay your ability to make online payments while we verify your new payment information.

You represent and warrant that if you are making online payments that (i) any credit card, debit card and bank account information you supply is true, correct and complete, (ii) charges incurred by you will be honored by your credit/debit card company or bank, (iii) you will pay the charges incurred by you in the amounts posted, including any applicable taxes, and (iv) you are the person in whose name the card was issued and you are authorized to make a purchase or other transaction with the relevant credit card and credit card information.

6. Our Information Practices; Communications

On certain areas of our Site, you may be given the ability to provide us with personal information. Please read our Privacy Policy, and any related privacy notices, for more information about our information collection and use practices, which Notice applies to information you submit on this Site, and you hereby agree to the terms of that Privacy Policy.

Through a Site, you may have the opportunity to opt in to communications from Company.  These communications may include emails, text messages to a mobile number you provide to us, or push notifications from Company.  When you opt in to these types of communications, you understand and consent that you will receive marketing, transactional and other messages from Company, and your information will be used in accordance with our Privacy Policy, and any related privacy notices. 

At any time, you have the opportunity to opt out of communications.  Note that you may need to separately manage your communication preferences for each communication method.  For example, if you opt out of receiving marketing emails, you may still receive marketing text messages if you’ve opted in to receiving them.  You may also need to separately manage your communication preferences for the Company brand or product you opted in to receive communications from.  

7. Accuracy and Integrity of Information; Typographical Errors

Although Company attempts to ensure the integrity and accuracy of the Site, it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Site and Content thereon. It is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform Company so that it can be corrected. Company reserves the right to unilaterally correct any inaccuracies on the Site without notice. Information contained on the Site may be changed or updated without notice. Additionally, Company shall have no responsibility or liability for information or Content posted to the Site from any non-Company affiliated third party.

8. Modifications to Products and Prices

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue any of our products (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 our products. Any posted prices do not include any applicable taxes or charges for shipping and handling. 

In the event a product or service is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, we shall have the right to refuse or cancel any orders placed for product / service listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card charged. If your credit or debit card has already been charged for the purchase and your order is canceled, we shall promptly issue a credit to your credit or debit card account in the amount of the incorrect price.

Company may occasionally offer promotions on the Site that may affect pricing. These promotions may be governed by additional terms separate from these Terms of Use (“Additional Terms”). If there is a conflict between the Additional Terms and these Terms of Use, the Additional Terms shall govern unless otherwise provided therein.

9. Subscriptions

We may allow you to sign up for recurring subscriptions, which consist of an initial period, followed by recurring period charges as agreed to by you.

When you register for a recurring subscription, you expressly acknowledge and agree that (a) Company (or our third-party payment processor) is authorized to charge you on a recurring basis for your subscription (in addition to any applicable taxes and other charges) for as long as your subscription continues, and (b) your subscription is continuous until you cancel it or we suspend or stop providing access to the sites or products in accordance with these terms.

To cancel your subscription at any time, you may (i) log on to your account and follow the cancellation procedures there or (ii) reach out to our customer service team at hello@u-better.com If you cancel, you may use your subscription until the end of your then-current subscription term. If your subscription is cancelled for either of these reasons prior to your monthly renewal date you will not be charged for that month’s shipment. If your subscription is cancelled on or after your monthly renewal date you will not receive a refund for that month but will no longer be charged following your cancellation.

If you accepted a free gift or trial from Company, lasting for more than 31 days, that was included in an automatic renewal offer or continuous service offer or you accepted an automatic renewal offer or continuous service offer at a promotional or discounted price, and the applicability of that price was more than 31 days, then we will send you a notice at least 3 days before and at most 21 days before the expiration of the predetermined period of time for which the free gift or trial, or promotional or discounted price, applies advising you of the autorenewal and how you may cancel. A promotional offer shall be exempt from the requirements under this paragraph if you did not enter into the contract electronically and Company has not collected or maintained your valid email address, phone number, or another means of notifying you electronically.

If you accepted an automatic renewal with an initial term of one year or longer, that automatically renews unless you cancel the automatic renewal or continuous service, then Company will provide you notice of renewal at least 15 days and not more than 45 days before the automatic renewal renews.

10. Returns; Exchanges; and Refunds

Except for any products designated on the Site as final sale or non-returnable, Company will accept a return of the products for a refund of your purchase price, less the original shipping and handling costs, provided (i) such return is made within 30 of days of shipment with valid proof of purchase and (ii) such products are returned in their original conditions. You are responsible for all shipping and handling charges on returned items. You bear the risk of loss during shipment.  We will provide any replacement shipped via original shipping method or refund to original payment method depending on availability and consumer preference.  Please reach out to our customer service team within 30 days and have your order number ready. We’ll work together to make it right. 

11. Shipments; Delivery; Title and Risk of Loss

Company will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Title and risk of loss pass to you upon Company’s transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. Company is not liable for any delays in shipments.

12. Reseller; Wholesalers; Orders for a Commercial Purpose

If you are a commercial entity or individual, such as a wholesaler, visiting the Site and/or purchasing products for purposes other than for personal use or consumption, and you share any personally identifiable information with the Company, then you hereby represent, warrant and covenant that:

(a)    you have the authorization to share someone else’s personally identifiable information with us; and

(b)    all sharing of any information, including personally identifiable information, by you with Company is done in compliance with all applicable privacy and data security laws.

13. User Generated Content, Reviews, Feedback and other Postings to the Site

If you submit, upload or post any comments, ideas, suggestions, information, files, videos, images or other materials to us or our Site, including, but not limited to, comment areas, message boards, or other interactive areas where you may submit, upload or post any comments, reviews, ideas, suggestions, information, files, videos, images or other materials to the Site (“User Generated Content”), you agree not to provide any User Generated Content that (1) is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets or intellectual property rights of any person or entity, or (3) contains or transmits a virus or any other harmful component. You agree not to contact other Site users through unsolicited e-mail, telephone calls, mailings or any other method of communication. You represent and warrant to Company that you have the legal right and authorization to provide all User Generated Content to Company for the purposes and Company’s use as set forth herein. Company shall have a royalty-free, irrevocable, world-wide, fully paid, sub-licensable, transferable right and license to use the User Generated Content in whatever manner Company desires, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such User Generated Content and/or incorporate such User Generated Content into any form, medium or technology throughout the world. Company is and shall be under no obligation (1) to maintain any User Generated Content in confidence; (2) to pay to you any compensation for any User Generated Content; or (3) to respond to any User Generated Content.

Company reserves the right to monitor, edit, or remove any User Generated Content submitted to the Site. You grant Company the right to use the name that you submit in connection with any User Generated Content. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any User Generated Content. You are and shall remain solely responsible for the content of any User Generated Content you make. Company and its affiliates take no responsibility and assume no liability for any User Generated Content submitted by you or any third party.

You understand and agree that you have no ownership rights to the Site or the materials and features therein. Company may cancel your account and delete all User Generated Content associated with your account at any time, and without notice, if Company deems that you have violated these Terms of Use or applicable law. Company assumes no liability for any information removed from our Site, and reserves the right to permanently restrict access to the Site or a user account at any time for any reason.

Separate and apart from the User Generated Content you provide, you may submit questions, comments, feedback, suggestions, ideas, improvements, plans, notes, drawings, original or creative materials or other information about Company, our Site and our products (collectively, "Ideas") either through a formal submission process or otherwise. The Ideas you submit are voluntary, non-confidential, gratuitous, and non-committal. Please do not send us Ideas if you expect to be paid or want to continue to own or claim rights in them. You must also inform us if you have a pending or registered patent relative to the Idea.

You represent and warrant that your Ideas are not subject to any confidentiality obligations or third-party intellectual property encumbrances and that you own and control all of the rights to the Ideas and have the authority to grant the rights to Company that you grant herein. By submitting your Idea, you grant Company and its designees a worldwide, perpetual, irrevocable, non-exclusive, fully-paid up, and royalty free license to use, sell, reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, publish, license, or sub-license the Ideas and shall be entitled to the unrestricted use and dissemination of Ideas for any purpose, commercial or otherwise, without acknowledgment or compensation to you. By submitting your Ideas, you hereby release Company and its agents and employees from any claims that such use violates any of your rights. Company shall own exclusive rights, including all intellectual property rights, to any work it creates or has created from the Ideas or a similar ideas of its own.

14. Spokespeople

From time to time, Company may also engage spokespeople, influencers, bloggers, or other individuals or entities who have been compensated or incentivized to speak on behalf of the brand. When you receive an offer code via a third party source, such as an online personality, television or radio show host, please note that such individuals may have been compensated by Company for their statements.

15. Trademarks and Copyright, Claims of Copyright Infringement

The brand names, slogans, characters and other trademarks, as well as the package designs of all Bigdam products and promotions belong exclusively to Company and /or its subsidiary companies, and are protected from copying and simulation under United States and international trademark and copyright laws and treaties throughout the world.

The contents of the Sites are protected from copying and distribution under United States and international copyright laws and treaties throughout the world. Copyright © 2024 Bigdam. All rights reserved.

We disclaim any responsibility or liability for copyrighted materials posted on the Site. If you believe that your work has been copied in a manner that constitutes copyright infringement, please follow the procedures set forth below.

Company respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), we will respond promptly to notices of alleged infringement that are reported to Company’s Designated Copyright Agent, identified below.

Notices of Alleged Infringement for Content Made Available on the Site

If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site by sending us a notice complying with the following requirements:

• Identify the copyrighted works that you claim have been infringed.
• Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found.
• Provide your mailing address, telephone number, and, if available, email address.
• Include both of the following statements in the body of the notice: “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).” “I hereby state that the information in this notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
• Provide your full legal name and your electronic or physical signature.
• Deliver this notice, with all items completed, to our Chief Legal Officer 

16. Links to Other Websites

Company makes no representations whatsoever about any other website that you may access through the Site. When you access a non-Company website, please understand that it is independent from Company, and that Company has no control over the content on that website. In addition, a link to a non-Company website does not mean that Company endorses or accepts any responsibility for the content, or the use, of the linked website. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third-party websites linked to the Site, you do this entirely at your own risk.

17. Disclaimer of Warranties

Company makes no representations about the reliability of the features of this Site, the Content, User Generated Content, the products purchased through the Site, or any other Site feature, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material or systems will be at your own risk. Company makes no representations regarding the amount of time that any Content or User Generated Content will be preserved.

Company does not endorse, verify, evaluate or guarantee any information provided by users and nothing shall be considered as an endorsement, verification or guarantee of any User Generated Content. You shall not create or distribute information, including but not limited to advertisements, press releases or other marketing materials, or include links to any sites which contain or suggest an endorsement by Company without the prior review and written approval of Company.

THE SITE AND PRODUCTS PURCHASED THROUGH THE SITE ARE NOT INTENDED TO DIRECT YOUR HEALTH PRACTICES, TREATMENT, AND DO NOT OVERRIDE THE SCOPE OF PRACTICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDERS. THE SITE AND PRODUCTS PURCHASED THROUGH THE SITE DO NOT REPLACE PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. COMPANY DOES NOT PROMISE THAT THE SITE OR PRODUCTS PURCHASED THROUGH THE SITE WILL PROVIDE SPECIFIC RESULTS.

COMPANY DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THE SITE AND PRODUCTS PURCHASED THROUGH THE SITE ARE PROVIDED “AS IS, AS AVAILABLE,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND ARE MADE WITH RESPECT TO THIS SITE, PRODUCTS PURCHASE THROUGH THE SITE, OR ANY INFORMATION OR SOFTWARE THEREIN, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SITE.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE, AND LINKED WEBSITES. COMPANY DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY. TO THE FULLEST EXTENT PERMITTED BY LAW COMPANY DISCLAIMS ANY LIABILITY RELATING TO YOUR PURCHASE OF PRODUCTS FROM THE SITE.

18. Limitation of Liability Regarding Use of Site

COMPANY IS NOT RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, PRODUCTS PURCHASED FROM THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE (INCLUDING USER GENERATED CONTENT), AND/OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR LINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM AGGREGATE LIABILITY OF COMPANY TO YOU WITH RESPECT TO YOUR USE OF THE SITE IS $100 USD (ONE HUNDRED U.S. DOLLARS).

19. Indemnity

As permitted by applicable law, you agree to, and you hereby, defend (if we request), indemnify, and hold Company, its affiliates, parents, subsidiaries, officers, employees, and website contractors and each of their officers, employees and agents harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, and expenses (including attorneys’ fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against Company, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with, whether occurring heretofore or hereafter: (i) your User Generated Content; (ii) your use of the Site and your activities in connection with the Site; (iii) your breach or alleged breach of these Terms of Use; (iv) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of the Site or your activities in connection with the Site; (v) information or material transmitted through your device, even if not submitted by you, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (vi) any misrepresentation made by you; (vii) third-party claims, damages, and expenses; (viii) access by anyone accessing the Site using your user ID and password; and (vii) Company’s use of the information that you submit to us (including your User Generated Content). You will cooperate as fully required by Company in the defense of any claims and losses. Notwithstanding the foregoing, Company retains the exclusive right to settle, compromise, and pay any and all claims and losses. Company reserves the right to assume the exclusive defense and control of any claims and losses. You will not settle any claims and losses without, in each instance, the prior written consent of an officer of Company.

20. Pre-Dispute, Mandatory Binding Arbitration, and Class Action Waiver.

PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. YOU AGREE THAT ANY CLAIM THAT YOU MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH BINDING ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST.

YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

                           General. Arbitration is a method of resolving a Claim without filing a lawsuit. “Claim” means any dispute between you, Company, and/or any involved third party relating to this Agreement. This includes any and all claims that relate in any way to your use of the Site, your attempted use of the Site, products you purchase from the Site, and any act or omission by Company or any third party related to your use or attempted use of the Site. You, Company, or any involved third party may pursue a Claim. The Company agrees to binding arbitration should it have any Claims against you. Likewise, you agree to binding arbitration should you have any Claims against the Company. By agreeing to arbitrate, you waive the right to go to court and agree instead to submit any Claims to binding arbitration. This arbitration provision sets forth the terms and conditions of our agreement to binding arbitration and is governed by and enforceable under the Federal Arbitration Act (the “FAA”), 9 U.S.C. §§ 1-16, as amended.

                           Exceptions to Binding Arbitration. As an exception to binding arbitration, you and the Company both retain the right to pursue, in a small claims court, any claim that is within that court’s jurisdiction and proceeds on an individual (non-class) basis. The Company will not demand arbitration in connection with any individual claim that you properly file and pursue in a small claims court, so long as the claim is pending only in that court. Binding arbitration also does not apply to disputes concerning trade secret misappropriation, patent infringement, copyright infringement or misuse, or trademark infringement or dilution.

                           Mandatory Pre-Dispute Procedures. You acknowledge and agree that before initiating any Claim (subject to the exceptions above) against the Company, you will first give us an opportunity to resolve your problem or dispute. This includes sending a written description of your problem or dispute to us, including, but not limited to, information or representations related to our products and upon which you rely. You may send the written description by U.S. Mail to BIGDAM INC. 1441 WOODMONT LN NW #1666, ATLANTA, GA 30318. You agree to negotiate with the Company in good faith about your problem or dispute. If for some reason your problem or dispute is not resolved to your satisfaction within 60 days after the Company’s receipt of your written dispute, you agree to the dispute resolution provisions below.

                           Commencement of Arbitration. You and the Company agree to commence any arbitration proceeding within 1 year after the Claim arises (including the mandatory pre-dispute procedures outlined above) and that any proceeding commenced after 1 year shall be barred.

                           Arbitration Location. For your convenience, the arbitration may be conducted in the federal district where you reside. It may be held by telephone or through written submissions if both you and the Company agree.

                           Sponsoring Organization, Rules and the Arbitrator. You agree that any Claims shall be resolved by submitting the dispute to final and binding confidential arbitration before a single arbitrator who is a retired judge or an experienced attorney with experience in the subject(s) of the Claim. The arbitrator shall be chosen from JAMS Comprehensive Arbitration Rules and Procedures and the arbitration rules of the selected tribunal shall apply, which can be obtained by calling the selected tribunal. The arbitrator shall have the exclusive and sole authority to resolve any dispute relating to the interpretation, construction, validity, applicability, or enforceability of this Agreement and this arbitration provision. The arbitrator shall have the exclusive and sole authority to determine whether this arbitration agreement can be enforced against a non-signatory to this agreement and whether a non-signatory to this agreement can enforce this provision against you, the Company, or any third party.

                           Arbitration Fees. The Company shall pay for all filing, administrative, and arbitrator fees for an arbitration initiated by either party. The parties shall each pay their own additional fees, costs, and expenses, including, but not limited to, those for any attorneys, experts, documents, and witnesses.

                           Arbitration Award. The arbitrator shall follow substantive law and may order any relief if permitted by law. The arbitrator may award any form of individual relief, including injunctions and punitive damages, so long as they are in accordance with applicable law. The arbitrator may award costs or fees to a prevailing party, but only if the law expressly allows it. Although the Company may have a right to an award of attorneys’ fees and expenses under some laws if it prevails, the Company agrees that it will not seek such an award, unless your Claims are determined by the arbitrator to be frivolous. Nothing herein shall be construed to limit the arbitrator’s ability to award remedies provided by applicable law. Any award rendered shall include a written opinion and shall be final, subject to appeal under the FAA.

                           Enforceability. This provision survives termination of your account or relationship with the Company, bankruptcy, assignment or transfer. If the class action waiver is deemed unenforceable (i.e., unenforceability would allow arbitration to proceed as a class or representative action), then this entire arbitration provision shall be rendered null and void and shall not apply. If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect.

                           Miscellaneous. Failure or any delay in enforcing this arbitration provision in connection with any particular Claims will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other Claims. This provision is the entire arbitration agreement between you and the Company and shall not be modified except in writing by the Company.

                           Amendments. The Company reserves the right to amend this arbitration provision at any time. Your continued use of the Site or express acceptance of this Agreement following such amendment is affirmation of your consent to such changes. Should the changes to this arbitration provision be material, the Company will provide you notice and an opportunity to opt-out. Your continued use of the Site or express acceptance of this Agreement (as amended) is affirmation of your consent to such material changes.

                           Opt-Out. YOU HAVE THE RIGHT TO OPT-OUT OF THIS ARBITRATION PROVISION WITHIN 30 DAYS FROM THE DATE OF USE, OR ATTEMPTED USE OF THE SITE (WHICHEVER COMES FIRST) BY WRITING TO BIGDAM INC. 1441 WOODMONT LN NW #1666, ATLANTA, GA 30318 FOR YOUR OPT-OUT TO BE EFFECTIVE, YOU MUST SUBMIT A SIGNED WRITTEN NOTICE STATING YOUR REQUEST TO OPT-OUT OF THIS ARBITRATION PROVISION AND THE DATE YOU FIRST USED OR ATTEMPTED TO USE THE SITE. UNTIMELY OPT-OUTS WILL NOT BE VALID AND YOU MUST THEN PURSUE YOUR CLAIM THROUGH ARBITRATION PURSUANT TO THESE TERMS.

21. Applicable Law

These Terms will be governed by and construed in accordance with, and any dispute and will be resolved in accordance with, the laws of the State of Delaware without regard to its conflicts of law provisions that might apply the laws of another jurisdiction. The Site is intended for residents of the United States. If you choose to access the Site from locations outside of the United States, you do so at your own initiative and risk, and are responsible for compliance with all applicable local, state, federal, national, provincial, foreign, and international statutes, treaties, regulations, rules, orders, and other laws. ANY AND ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

22. Investigations; Cooperation with Law Enforcement; Termination; Survival

You agree that Company shall, as permitted by applicable law, have the right, without limitation and without any obligation, to: (i) investigate any suspected breaches of its Site security or its information technology or other systems or networks, (ii) investigate any suspected breaches of these Terms of Use or any potential harm to our users or third parties, (iii) use any information obtained by Company in connection with reviewing law enforcement databases or complying with applicable laws and use and/or disclose any information obtained by Company to comply with law enforcement requests or legal requirements, (iv) involve and cooperate with law enforcement authorities in connection with any of the foregoing matters, (v) prosecute violators of these Terms of Use, and (vi) discontinue the Site, in whole or in part, or suspend or terminate your access to it, in whole or in part, including any user accounts or registrations, at any time, without notice, for any reason and without any obligation to you or any third party. Any suspension or termination will not affect your obligations to Company under these Terms of Use. Upon suspension or termination of your access to the Site, or upon notice from Company, all rights granted to you under these Terms of Use will cease immediately, and you agree that you will immediately discontinue use of the Site. The provisions of these Terms of Use, which by their nature should survive your suspension or termination will survive, including the rights and licenses you grant to Company in these Terms of Use, as well as the indemnities, releases, disclaimers, and limitations on liability and the provisions regarding jurisdiction, choice of law, no class action, jury waiver, and mandatory arbitration.

23. Assignment

Company may assign its rights and obligations under these Terms of Use, in whole or in part, to any party at any time without any notice. These Terms of Use may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of Company.

24. International Issues

Company controls and operates the Site from its U.S.-based offices in the U.S.A., and Company makes no representation that the Site is appropriate or available for use beyond the U.S.A. If you use the Site from other locations, you are doing so on your own initiative and are responsible for compliance with applicable local laws regarding your online conduct and acceptable content, if and to the extent local laws apply. The Site may describe products and services that are available only in the U.S.A. (or only parts of it) and are not available worldwide. You agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms of Use or to any sale of goods carried out as a result of your use of the Site.

25. Revisions

Company reserves the right, in its sole discretion, to terminate your access to all or part of the Site, with or without cause, and with or without notice. In the event that any of the Terms of Use are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect. These Terms of Use constitute the entire agreement between Company and you pertaining to the subject matter hereof. In its sole discretion, Company may from time-to-time revise these Terms of Use by updating this posting. You should, therefore, periodically visit this page to review the current Terms of Use, so you are aware of any such revisions to which you are bound. Your continued use of the Site after revisions to these Terms of Use shall constitute your agreement to the revised Terms of Use. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages within the Site.

26. Severability; Interpretation

If any provision of these Terms of Use is for any reason deemed invalid, unlawful, void, or unenforceable by a court or arbitrator of competent jurisdiction, then that provision will be deemed severable from these Terms of Use and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms of Use (which will remain in full force and effect). To the extent not prohibited by applicable law, you agree to waive, and you hereby waive, any applicable statutory and common law that may permit a contract to be construed against its drafter. Wherever the word “including” is used in these Terms of Use, the word will be deemed to mean “including, without limitation.” The summaries of provisions and section headings are provided for convenience only and shall not limit the full Terms of Use.

27. Contact

If you have any questions, you may contact Bigdam at:

Email: hello@u-better.com

Phone: +14696969606 (9a.m.-5p.m. ET)

Website: Contact us 

Postal Address: 

1441 Woodmont LN NW #1666

Atlanta, GA 30318

USA