Terms and Conditions

 

Website owner

This website is owned and operated by Better Function LLC.  These Terms set forth the terms and conditions under which you may use our website and services as offered by us.  Better Function LLC offers content, education, training, and instruction.  By accessing or using this website, you approve that you have read, understood, and agree to be bound by these terms and conditions.  If you do not agree with all of these terms and conditions, then you may not use or access this website.

 

Potential risks

You or your clients know and understand there are risks associated (heart, lung, musculoskeletal, blood vessels) during and after exercise. Abnormalities can occur and cannot always be predicted. You or your clients understand and agree that Better Function LLC shall not be liable for any losses or damages of any kind arising from injuries you or your clients may sustain during or as a result of all exercise.  You or your clients understand that by participating in any content from Better Function LLC you or your clients do so at your own risks.  You or your clients hereby fully and forever waive, release, and discharge Better Function LLC and its agents, managers, employees, assigns, members, successors, and volunteers from any claims, damages, and rights of action related directly or indirectly, to anyway to Better Function LLC exercise training, content, instruction, and education, except claims arising from the gross negligence of Better Function LLC.  This program does not reverse mild cognitive impairment, restore functional loss due to a stroke, or cure Alzheimer's/dementia.

 

You or your clients affirm that you have had a recent exam physical exam with a Physician and have a Physician’s permission to engage in an exercise program.  You or your clients know and hereby agree that you are in good physical condition and that you or your clients have no disability, impairment condition, or ailment, of any kind, that does or may prevent you or your clients from engaging in or other physical activities.  You or your clients understand that participating in Better Function LLC does not constitute “Health Care” and is not a “health care provider.”  You or your clients understand that Better Function LLC has the education, exercise training, balance training, aerobic/anaerobic training, instruction, and content that you or your clients will do on your own (individual outcomes will vary) and fully accept all responsibility for any event that may occur. 

 

Eligibility for website use

In order to use our website and/or receive our content, you must be at least 18 years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right, and freedom to enter into these Terms as a binding agreement.  You are not allowed to use this website and/or receive content if doing so is prohibited in your country or under any law or regulation applicable to you.  Better Function LLC is not responsible for protecting yourself or your computer.  You understand and agree that you are responsible for protecting yourself and your computer systems from viruses, worms, Trojan horses and other destructive content.  Better Function LLC disclaims any responsibility for the linking, downloading, and/or copying of any material or third-party material and/or content resulting from the use of visitors to this website. Links are provided as a convenience and for educational and informational purposes only.  They do not represent a connection, endorsement, or affiliation with the individual or organization.  Better Function LLC and bears no responsibility for the accuracy, content, or legality of the external site or link.

 

 

 

Terms of purchase

When buying content you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase an item when you commit to buy content and you complete the check-out payment process: (iii) by completing the check-out payment process, you agree with the all terms and conditions stated herein.

 

The prices we charge for using our content are listed on the website.  We reserve the right to change our prices for content displayed at any time and to correct pricing errors that may inadvertently occur.  Additional information about pricing and/or sales tax will be available on the payments page if necessary.

 

Your satisfaction with Better Function LLC is very important. We offer a 30-day 100% risk-free period after an Annual or Monthly Plan purchase has been made. Payments will then be automatically collected. You can cancel your membership/subscription at any time. Contact us at info@betterfunctionllc.com.

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Your course purchases are based on a one-time purchase. You will have 3 days to cancel your purchase. Contact us at Info@betterfunctionllc.com. Refunds will not be given to those who have completed the course.

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The fee(s) for using a membership/subscription purchase for our content will be calculated on a daily, weekly, monthly, or annual basis.  The fee(s) for a one-time purchase will be charged once when checking out.  Better Function LLC reserves the right to change pricing or payment methods at any time.  If for any reason, payment has not been made or is late Better Function LLC reserves the right to remove membership and/or suspend, discontinue, or permanently discontinue access to content located on the website. 

 

Member access 

We may permanently or temporarily terminate or suspend your access to any part of the website with or without notice and with or without cause for any reason effective immediately.  Should you decide to discontinue this agreement, simply discontinue using the website. You can cancel your subscription at any time. Contact us at info@betterfunctionllc. Notwithstanding anything to the contrary, with respect to automatically-renewed memberships/subscriptions to paid content, such memberships/subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment.  If a member/subscriber has received a refund, access to that paid-for content will be terminated.

 

Copyright infringement 

The content and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and all Intellectual Property Right related thereto, are the exclusive property of Better Function LLC.  Nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, share, distribute, copy, reproduce, transmit publicly, display, publicly perform, publish, adapt, edit or create derivative works thereof with any other licensed, certified, or professional person for your or their personal, business or commercial use. With this, considered to be theft, we reserve the right to prosecute. After purchase, you are permitted to freely use this content with your clients in a one-on-one, small or large group setting. You are not permitted to share your personal sign-in or password information with your clients. It is prohibited to deep link or frame this website from other websites.

 

 

Intellectual property

This agreement does not transfer any intellectual property, trademarks, logos, service marks, or graphics from Better Function LLC or a third party to you.  Trademarks, logos, service marks, logos, graphics may be used in connection with this website or another third party.  Your use of this website grants you no right for license or reproduction or otherwise utilization of Better Function LLC or third-party trademarks.  In respect to the intellectual property rights of others, if you feel Better Function LLC has violated your copyright, feel free to notify us so we can take the proper steps for correction, disabling, and/or removal of the infringed material.

 

 

Indemnification

You agree to indemnify and hold Better Function LLC harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees) made against them by any third party due to, or arising out of, or in connection with your use of the website or any of the services offered on the website.  This includes members, employees, managers, directors, agents, volunteers, or any personnel associated with Better Function LLC.

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Limitation of liability

To the maximum extent permitted by applicable law, in no event shall Better Function LLC be liable for any indirect, punitive, incidental, special consequential, or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or relating to the use of, or inability to use the content.

 

To the maximum extent permitted by applicable law, Better Function LLC assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.

 

Right to change content or modify terms

We reserve the right to modify, revise, change, add, or remove content on our website at any time and at our sole discretion.  We reserve the right to modify these terms and conditions from time to time at our sole discretion.  Therefore, you should review these pages periodically.  Your continued use of the Website or our content after any such constitutes your acceptance of the new Terms.  If you do not agree to any of these terms or any future version of the Terms, you are free to “not” use or access (or continue to access) the website or the content.

 

 

 

Promotional emails and content

You agree to receive from time to time promotional messages and materials from us, by email, or any other contact that you have provided us with (including your phone number for calls or text messages).  If you don’t want to receive such promotional materials or notices - please notify us at any time or unsubscribe.

 

 

Full disclosure

Better Function LLC's goal is to offer training programs and instruction.  As part of that goal, we may recommend a product and/or an affiliate that we may or may not get paid for the recommendation.  The Federal Trade Commission requires full disclosure whenever there could be any unspoken biases or hidden interests related to those recommendations.  In order to cover any situation, please assume that any product and/or affiliate link we use or recommend provides additional income to Better Function LLC.

 

 

Preference for law and dispute resolution

These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or the content, shall be governed by, construed under, and enforced in all respects solely and exclusively in accordance with the internal substantive laws of the United States / Texas, without respect to its conflict of laws principles.  Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in Dallas County and that the prevailing party is entitled to all reasonable attorney fees and costs to enforce these Terms and Conditions.  You understand and agree that the only resolution that you can be awarded is a full refund of your payment. No consequential award or any other damages may be granted to you.  If a dispute does arise with Better Function LLC, you agree not to engage in any belittling, disparaging, or defamatory communication (public or private) regarding Better Function LLC. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded. 

 

Warranty disclaimer

Better Function LLC makes no claim that the website will be error-free or access will be continuous and uninterrupted.  You understand and agree that if you download any material from this website you do so at your own discretion and risk. 

 

For questions, please contact us at:  info@betterfunctionllc.com

 

7-29-23