PLEASE READ CAREFULLY THESE TERMS AND CONDITIONS OF USE, INCLUDING THE USE OF ARBITRATION TO RESOLVE DISPUTES, BEFORE USING THIS SITE
Last updated: January 25, 2024
This is a binding agreement (“Agreement”) between you, the user of this website (“you”), and State & Lake Marketing, Inc., dba BetterMouth the operator of this website, its shareholders, officers, directors, affiliates, and agents (“we” or “us”). By using this website located at www.bettermouth.com (“Site”), you agree to be bound by the following terms and conditions. If you do not agree with the terms and conditions below or you do not have the legal capacity to enter into a binding agreement with us, you may not use this Site. We may update these terms and conditions at any time by posting them to this Site, noting above the date of the most recent update. Your continued usage of the Site means you accept our changes and agree to be bound by the new or modified terms and conditions.
Section 2 outlines the terms for any subscription you purchase from BetterMouth. IF YOU PURCHASE A SUBSCRIPTION TO THE SERVICE, YOUR SUBSCRIPTION WILL BE AUTOMATICALLY RENEWED AT THE END OF THE DISCLOSED BILLING PERIOD AT OUR THEN-CURRENT FEE FOR SUCH SERVICE UNLESS YOU DECIDE TO CANCEL YOUR SUBSCRIPTION OR THE AGREEMENT IS TERMINATED. Additionally, certain jurisdictions may offer a "cooling off period." For instance, California residents have until midnight of the third business day after a purchase to cancel their subscription for a full refund. If you wish to cancel under these terms, you would need to send a cancellation notice to the specified address provided during your subscription process. State & Lake Marketing LEGAL 1 S Dearborn St. Floor 20, Chicago, IL 60603, United States.
You should keep a copy of the Terms for future reference by printing them out or saving them on your computer. BetterMouth reserves the right to decide how to provide notifications to you, and you agree to accept legal notices electronically if we choose that method. We may update this Agreement occasionally, and the latest version will always be available on our website. If we make significant changes, we will notify you and may require your consent to the new Agreement before you can continue using the service. By continuing to use BetterMouth after these changes take effect, you agree to be bound by the revised Agreement. If you do not agree to the changes, you should stop using the service and cancel your subscription as described in the cancellation section.
1. This Site Does Not Provide Medical Advice
The content of this Site, including text, graphics, images, interactive dentist maps, videos, audio files, articles, services, and other materials created by us, obtained from others appearing on or linked to this Site, or promoted by third parties who pay for a sponsored link (collectively, "Content") is for informational purposes only. The Content is not a substitute for professional medical advice, diagnosis, or treatment. Reliance on any information provided by us or others appearing on the Site is solely at your own risk. While we endeavor to provide Content that is accurate at the time it is posted, we cannot warrant that it is accurate when posted or later becomes inaccurate. Always seek the advice of your physician, dentist, or other qualified health provider 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 this Site. If you THINK YOU MIGHT have a medical emergency, call your doctor or 911 immediately.
2. Fees and Subscription Terms
2.1 Definitions
-Billing Period: The interval of time between each billing date, corresponding to the length of your subscription, which can be measured in days, weeks, or months. The specific term of your subscription will be stated when you sign up.
- Day/Date: Starts at 12:00 a.m. and ends at 11:59 p.m. Eastern Time on the same calendar day.
2.2 Subscription Options
- When subscribing to BetterMouth, you may choose from various subscription plans ("Service Tiers"). Each Service Tier may have different prices, features, restrictions, and availability as outlined at the time of your subscription.
2.3 Trials and Promotions
- Trials: If offered, you won't be billed until the trial period ends, and you may cancel any time before the trial ends to avoid charges.
- Promotions: We may offer promotions that may alter pricing for a limited period. Billing will revert to standard rates post-promotion unless canceled.
2.4 Automatic Renewal
- Subscriptions renew automatically at the end of each Billing Period. You must cancel your subscription before the end of the current period to avoid billing for the next period.
2.5 Price Adjustments- We reserve the right to modify pricing and billing methods. If prices change, you may cancel your subscription. If not canceled, your subscription will renew at the new rate.
2.6 Cancellation- You may cancel your subscription anytime before the end of the current Billing Period or trial. Access continues until the end of the period unless noted otherwise.
2.7 Special Terms for California Residents- If you are a California resident, you may cancel your subscription within three business days of signing up for a full refund, following specific guidelines provided.
2.8 Payment Information- You must provide a valid payment method (e.g., credit card, PayPal) to sign up. Changes in payment details should be updated promptly.
2.9 Third-Party Subscriptions- If you subscribe through a third-party (like the Apple App Store or Google Play), your billing relationship is governed by that third party's terms.
2.10 Add-Ons- Additional services or content may be available for purchase or as part of your subscription and will be governed by terms provided at the time of purchase.
2.11 Taxes- You are responsible for all applicable taxes unless stated otherwise. Tax rates may change in accordance with local tax laws based on your billing address.
2.12 Refund PolicyExcept for specific conditions applicable to California residents or as expressly stated in promotional terms, all charges by BetterMouth are non-refundable.
These terms are designed to ensure both parties understand the financial obligations and the terms of service that govern the subscription to BetterMouth. Always check the specific details at the time of your sign-up or subscription renewal.
3. Use Of Site
If you are below the age of consent under applicable law where you reside, then your parent or legal guardian must read and accept this Agreement on your behalf. This Site is not targeted to nor meant for anyone who has not reached 13 years of age. You represent and warrant that you are at least 13 years of age. If you are under age 13, you may not under any circumstances or for any reason use the Content of this Site. You are solely responsible for ensuring that your use of the Site and its Content complies with all laws, rules, and regulations applicable to you. The right to access this Site and its Content is revoked if your use is prohibited by law. Certain services provided by third parties may be subject to additional terms and conditions over which we have no control. We grant you a limited, non-exclusive, revocable, and non-sublicensable license to view, print, download, and display the Content only for your personal, non-commercial use. Use, reproduction, modification, distribution, or storage of any Content other than for your personal use is expressly prohibited without prior written permission from us.
4. Site Accessibility, Security, And Content Availability
You are responsible for obtaining and maintaining all data lines, computer software and hardware, and other equipment needed to access and use this Site. We are not liable to you for any damages to, or any viruses that might infect, your computer or other property through your use of this Site. While we intend to make this Site accessible 24 hours per day, 7 days per week, you acknowledge that this Site may be interrupted, suspended, or terminated from time to time for any reason, including interruptions in internet service that are beyond our control and for Site maintenance. We are not responsible for any data lost during internet transmissions or your inability to access this Site. We reserve the right, but do not have any obligation, to remove, edit, modify, or otherwise manipulate any Content in our sole discretion, at any time, without notice to you, and for any reason (including, but not limited to, receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that the Content may violate this Agreement) or for no reason at all.
5. Links to Third-Party Websites
This Site provides links to third-party websites maintained by other content providers who may offer services to you. Some of the links may be to third parties from whom we receive a fee to provide the link to the third-party site. We expressly disclaim any representations regarding the content, quality, or reliability of third-party websites and any services offered by third parties. You should review the applicable terms and policies, including privacy policy, of any site to which you navigate from this Site. If you believe that any linked websites contain content, services, or resources that violate any applicable law or may be inappropriate, please notify us. We will review the linked content and may, in our sole discretion, remove the link from the Site. The inclusion of any link does not imply any association between the third-party site and us.
6. Affiliate Marketing
We participate in affiliate marketing programs and may allow affiliate links to be encoded on some of our pages. This means that we may earn a commission if/when you click on or make purchases via affiliate links. For example, we are a participant in the Amazon Services LLC Associates Program,
Which is designed to provide a means for sites to earn advertising fees by advertising and linking to
Amazon.com
7. Limitation of Liability
7.1 Disclaimer of DamagesTo the fullest extent permitted by law, BetterMouth will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits or revenues, whether directly or indirectly incurred, nor for any loss of data, use, goodwill, or other intangible losses. These limitations apply to damages resulting from: (a) your access to, use of, inability to access, or use of the service; (b) any actions or content of third parties using the service; or (c) unauthorized access, use, or alteration of your transmissions or content.
7.2 Cap on LiabilityUnder the limits allowed by law, BetterMouth’s liability to you shall not exceed the greater of: (a) the total amount you have paid to BetterMouth in the twelve months prior to the action giving rise to the liability; (b) $100; or (c) the statutory damages as required by law. This cap does not apply to liabilities for death or personal injury caused by our negligence, or for any injury caused by our fraud or fraudulent misrepresentation.
7.3 SeverabilityIf any part of this limitation of liability is found to be unenforceable or illegal, the remaining sections will continue to be enforceable and applied to the maximum extent possible under the law.
7.4 ExclusionsSome jurisdictions do not permit the exclusion or limitation of liability for certain types of damages, so the above limitations may not apply to you. In such cases, you may have additional rights.
7.5 Statute of LimitationsNo claims, demands for mediation or arbitration, or causes of action arising from events occurring more than two years before the filing of a claim may be asserted against BetterMouth, to the fullest extent permitted by law.
7.6 Basis of the BargainThe limitations of damages described herein are fundamental to the agreement between you and BetterMouth.
CONTACT US
The best way to get in touch with us is by emailing us here.
BetterMouth
1 S Dearborn St.
Floor 20, Chicago, IL
60603, United States
BetterMouth is a wellness program that helps create habits for better oral and overall health.
