Terms of service.
Last Modified: February 10, 2023
ACCEPTANCE OF TERMS. Better Sour Co. (“Better Sour,” “us,” or “we”) provides the https://www.bettersour.com/ website (the “Site”), as well as the services and products available on the Site, including any Content (defined in Section 6(b) below) (collectively, the “Offerings”). These Terms of Use (these “Terms”) are in addition to any other agreements between you and us. These terms are effective on the date you access or use the Site and/or Offerings. We reserve the right to change these Terms from time to time with or without notice to you. You acknowledge and agree that it is your responsibility to periodically review the Site and these Terms. Your continued use of the Site and Offerings after such modifications will constitute acknowledgement and acceptance of the modified Terms.
THESE TERMS INCLUDE A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION. THESE TERMS ALSO INCLUDE A JURY TRIAL WAIVER. MORE INFORMATION ABOUT THE CLASS ACTION WAIVER AND JURY TRIAL WAIVER CAN BE FOUND IN SECTION 11.
OFFERINGS AND THE SITE.
CHANGES TO THE SITE AND OFFERINGS. The Offerings include, but are not limited to, the ability to view goods and purchase goods. Better Sour may, from time to time in its sole discretion, develop and provide Site updates, which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, “Updates”). Updates may also modify or delete in their entirety certain features and functionality of the Offerings. You agree that Better Sour has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality of the Offerings. Better Sour reserves the right to make changes to, suspend, or discontinue (temporarily or permanently) the Offerings or any portion thereof (including Content) at any time. You agree Better Sour will not be liable to you or to any third party for any such change, suspension, or discontinuance.
TEMPORARY INTERRUPTIONS. You understand and agree that temporary interruptions of the Site may occur as normal events that are out of our control. You also understand and agree that we have no control over the third-party networks or service(s) that we may use to provide you with Offerings. You agree that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
PAYMENT. If you choose to purchase one or more of the Offerings provided for sale on our Site, you agree to pay all fees associated with the Offerings. You agree to provide us with accurate and complete billing information, including valid payment information. Payment processing is handled through third-party services. If, for any reason, your credit card company declines or otherwise refuses to pay the amount owed for the Offerings you have purchased, you agree that we may, at our option, suspend or terminate performance of Offerings or delivery of products and may require you to pay any overdue amounts incurred (including any third-party chargeback fees or penalties) by other means acceptable to us. In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorney fees and other legal expenses. .
THIRD PARTY SITES AND INFORMATION. The Site may redirect or link to other websites on the Internet, or may otherwise include references to information, products or services made available by unaffiliated third parties. You understand that we are not responsible for the accuracy, completeness, decency or legality of content hosted by third party websites, nor are we responsible for errors or omissions in any references made on those websites. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with the Site or party by us, or any warranty of any kind, either express or implied. Any access and use of third party websites is entirely at your own risk and subject to such third parties’ terms and conditions.
PROMOTIONS. In addition to these Terms, promotions made available via the Offerings or which may reference the Offerings (collectively, “Promotions”) may have specific rules that are different from these Terms. We urge you to review the applicable rules before you participate in a Promotion. In the event of a conflict between these Terms and Promotion rules, Promotion rules will control.
BETTER SOUR INTELLECTUAL PROPERTY.
OWNERSHIP. The Site and/or Offerings (including the Content) are owned by Better Sour and its licensors and are protected under copyright, trademark, and other applicable United States and international laws and treaties. Without limiting the foregoing, the trademarks, service marks, and logos displayed on the Site are registered and unregistered marks of Better Sour and its licensors. You acknowledge and agree that, as between you and Better Sour, Better Sour is and shall remain the sole owner of the Offerings and the Content, including, without limitation, all patents, copyrights, trademarks, trade secrets, and other intellectual property and proprietary rights therein and thereto.
SCOPE AND RESTRICTION ON USE. Subject to these Terms, Better Sour grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Offerings for non-commercial use, including any graphics, text, instructions, images, audio files and/or other sounds, videos, and other materials you may view on, access through, or are otherwise related to the Offerings (collectively, the “Content”). Except as otherwise provided in these Terms, the Content may not be copied, downloaded, or stored in a retrieval system for any other purpose, nor may it be redistributed, reused, or modified for any purpose, without the express written permission of Better Sour. You agree not to:
collect information from the Site and/or Offerings using an automated software tool or manually on a mass basis;
use automated means to access the Site and/or Offerings, or gain unauthorized access to the Site and/or Offerings or to any account or computer system connected to the Offerings;
obtain, or attempt to obtain, access to areas of the Site or our systems that are not intended for access by you;
“flood” the Site and/or Offerings with requests or otherwise overburden, disrupt, or harm the Offerings or our systems;
restrict or inhibit other users from accessing or using the Site and/or Offerings;
modify or delete any copyright, trademark, or other proprietary rights notices that appear on the Site or in the Content; or
access or use the Offerings or Content for any unlawful purpose or otherwise beyond the scope of the rights granted herein.
WARRANTIES; DISCLAIMER.
By accessing or using the Offerings in any manner, you represent and warranty that (a) you have read, understand, and agree to these Terms and our Privacy Notice (the “Privacy Notice”), which is incorporated by reference; and (b) you are at least 18 years of age.
ALL CONTENT AND OFFERINGS ON THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE OFFERINGS WILL MEET YOUR REQUIREMENTS, (B) THE CONTENT, OFFERINGS OR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CONTENT OR OFFERINGS OFFERED WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY CONTENT OR OFFERINGS PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE CONTENT, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS OR OFFERINGS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE CONTENT OR PRODUCTS AVAILABLE AT THE SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH CONTENT OR PRODUCTS.
THE USE OF THE OFFERINGS OR OTHER ACQUISITION OF ANY PRODUCTS OR CONTENT THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
LIMITATION OF LIABILITY & INDEMNIFICATION.
LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL BETTER SOUR OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE OFFERINGS, INCLUDING, BUT NOT LIMITED TO, BODILY INJURY OR DEATH, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF USE, OR LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE AND PRODUCT LIABILITY), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. IF, NOTWITHSTANDING THE PROVISIONS OF THIS SECTION 8(a), BETTER SOUR IS FOUND LIABLE FOR ANY LOSS, DAMAGE, OR INJURY UNDER ANY LEGAL THEORY RELATING IN ANY WAY TO THE SUBJECT MATTER OF THESE TERMS, IN NO EVENT WILL BETTER SOUR’S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY EXCEED U.S. $100.00. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF YOUR REMEDIES UNDER THESE TERMS FAIL OF THEIR ESSENTIAL PURPOSE. USE OF THE OFFERINGS IS AT YOUR SOLE RISK. Some jurisdictions do not allow the exclusion or limitation of certain warranties or consequential damages, so some of the exclusions and/or limitations in this Section 8(a) may not apply to you.
INDEMNIFICATION. You shall indemnify, defend, and hold Better Sour and its officers, directors, employees, agents, licensors, and service providers harmless from and against any claims, liabilities, losses, damages, judgments, awards, costs, and expenses (including reasonable attorneys’ fees) arising out of or resulting from your use of the Site and/or Offerings, or any violation of these Terms or applicable law. We reserve the right, at our own expense, to assume the exclusive defense and control of any action subject to indemnification by you, and in such event you agree to cooperate with us in defending such action.
PRIVACY NOTICE. You acknowledge and agree that all information collected by Better Sour is subject to the Privacy Notice. By using the Site and the Offerings, you consent to all actions we take with respect to your information in compliance with our Privacy Notice.
TERMINATION OF USE
SUSPENSION/TERMINATION OF ACCESS. Better Sour has the right to deny access to, and to suspend or terminate your access to, the Site and/or the Offerings or to any features or portions thereof, at any time and for any reason, including if you violate these Terms. Any suspected fraudulent, abusive or illegal activity may be grounds for barring your access to the Site, and reporting you to the proper authorities, if necessary. You may cease using the Site and any Offerings at any time at your discretion.
NO RIGHT TO OFFERINGS UPON TERMINATION. Upon termination and regardless of the reason(s) motivating such termination, your right to use the Site and/or Offerings available on the Site will immediately cease. We shall not be liable to you or any third party for any claims for damages arising out of any termination or suspension or any other actions taken by us in connection therewith. Sections 1 and 3-14 of these Terms, as well as your liability for any unpaid fees, shall survive any termination.
MISCELLANEOUS PROVISIONS
INTERNATIONAL USE. Although the Site may be accessible worldwide, we make no representation that materials on the Site are appropriate or available for use in locations outside the United States. Those who choose to access the Site from other locations do so on their own initiative and at their own risk. If you choose to access the Site from outside the United States, you are responsible for compliance with local laws in your jurisdiction, including but not limited to, the taxation of products purchased over the Internet. Any offer for any product, service, and/or information made in connection with the Site is void where prohibited.
GOVERNING LAW, JURISDICTION, AND VENUE. These Terms and any dispute or claim arising out of or relating to these Terms, their subject matter, or their formation (in each case, including noncontractual disputes and claims) shall be governed by and construed in accordance with the laws of Texas, without regard to the conflicts of laws principles thereof. You agree and hereby irrevocably submit to the exclusive personal jurisdiction and venue of the state and federal courts located in the Western District of Texas for all matters arising under these Terms. YOU AND BETTER SOUR EACH UNCONDITIONALLY WAIVE ANY RIGHT TO A JURY TRIAL. THIS MEANS THAT ANY CLAIM WOULD BE DECIDED BY A JUDGE, NOT A JURY. FURTHER, YOU AND WE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING.
NOTICES. All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to the attention of Better Sour Co. at hello@bettersour.com, if by email, or to our address at 500 E St Johns Ave Suite 2.620, Austin, TX 78752, if by conventional mail. You agree to allow us to submit notices to you either through the email address provided, or to the address we have on record. Any notices or communication under these Terms will be deemed delivered to the party receiving such communication: (1) on the delivery date if delivered personally to the party; (2) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, if sent by U.S. mail, return receipt requested; (4) on the delivery date if transmitted by confirmed facsimile; or (5) on the delivery date if transmitted by confirmed email.
WAIVER AND SEVERABILITY. Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent possible, and the remaining provisions of these Terms will continue in full force and effect.
ENTIRE AGREEMENT. These Terms, along with the Privacy Policy and Terms of Sale, constitute the entire agreement and understanding between the parties concerning the Site and supersedes all prior agreements and understandings of the parties with respect thereto. These Terms may not be altered, supplemented, or amended by the use of any other document(s). To the extent that anything in or associated with this Site is in conflict or inconsistent with these Terms, these Terms shall take precedence.
QUESTIONS. If you have any questions about the Offerings or these Terms, please contact us at hello@bettersour.com.
NOTICE TO CALIFORNIA RESIDENTS. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.