TERMS AND CONDITIONS

Last Updated: 04.01.2024

1. TERMS OF SERVICE

Welcome to Better Financial Services(BFS)! These terms of service (“Terms”) cover your use and access to Better Financial Services (the “Site”) and all our products, services, mobile websites, and native mobile applications (collectively and together with the Site, the “Services”).

Please read these Terms fully and carefully before using the Services, because these Terms form a legally binding contract between you and BFS for your use of the Services. We provide you with access to and use of the Services subject to your compliance with these Terms. By using the Services, you agree to be bound by these Terms. You agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these Terms, you are prohibited from using or accessing the Services. The materials contained on and in the Services are protected by applicable copyright and trade mark law.

2. USE LICENSE

Permission is granted to use BFS’s Services for personal, non-commercial purposes only. This is the grant of a license, not a transfer of title, and under this license you may not: Modify the materials; use the Services for anything other than their intended use; attempt to destroy, hinder or copy any software contained on BFS’s Site; remove any copyright or other proprietary notations from BFS materials; transfer the materials to another person or “mirror” the materials on any other server. This license shall automatically terminate if you violate any of these restrictions and may be terminated by BFS at any time.

3. DISCLAIMER

The information on this website, blogs, videos and testimonials, is not legal advice. Legal information is not the same as legal advice. The information on this website is not a substitute for and does not replace the advice or representation of direct interactions with a licensed attorney. While we go to great lengths to make sure the information on the website is accurate and up to date, we make no claim as to the accuracy of this information and are not responsible for any consequences that may result from the use of this website. We recommend that you consult with a licensed attorney for assurance that the information on the website and your interpretation of it are appropriate for your location and your situation. You should not and are not authorized to rely on this website as a source of legal advice.

HIPAA Disclaimer

Portions of this platform allow you to upload and store certain medical information (“Protected Health Information” or “PHI”) for your personal control and access. Better Financial Services is currently not a business associate as defined in HIPAA. We have encrypted security protocols for your benefit and allow you to control who you disclose information to. We also do not attempt to access this information for any purpose other than to deliver the platform services to you. We can not ensure that your PHI is protected within the terms of HIPAA. If, Better Financial Services, as the platform provider comes into contact with Protected Health Information, it will keep such information confidential and not further access, use or disclose it. You are solely responsible for the PHI that you add to the platform and who you choose to disclose it to. You are prohibited from including PHI of any other person (even family members) as this would be a violation of HIPAA. You agree to hold Better Financial Services from any HIPAA-associated claims or violations resulting from your use of the Better Financial Services platform. Our services are evolving and we anticipate offering terms that are HIPAA compliant in the future but until that time your use, access, and all information PHI or otherwise added to the platform is at your own risk and decision. For clarity, you are not required to add any information or PHI to use the platform; these are options made available to you in your file cabinet.

4. YOUR RESPONSIBILITIES AND AUTHORIZED ACCESS

Parts of this site may only be accessed by BFS subscribers. Only BFS subscribers and those entrusted by BFS subscribers may enter passwords, identification data, email addresses etc., at those pages, or view any information found on those pages. You promise not to (i) intentionally impersonate another person by using their name and/or email address or (ii) use an email address for which you don’t have the proper authorization. You must keep your password secure and should never publish, distribute or post your Account login information, because you are responsible for any activity that occurs on your Account. You set permissions for sharing or disclosing your Secure Information to another person or organization. You are prohibited from using another person’s account or registration information for the Services without their permission. You promise to immediately let us know if there is any unauthorized use of your Account, security breach, or change in your eligibility to use the Services. You can delete your Account at any time. Persons designated by BFS may access any records on this Site. These persons are bound by confidentiality agreements not to share such information.

5. LEGAL, MEDICAL, AND FINANCIAL ADVICE

No part of the Services should be considered or used as medical, financial, or legal advice. BFS is not equipped to give medical, financial or legal assistance or guidance. Appropriate medical, financial, or legal professionals should be contacted for questions pertaining to healthcare, financial, or estate planning decisions, respectively.

6. ACCURACY OF INFORMATION

You are solely responsible for all content that you add, create, upload, submit, distribute or post to the Services and represent that all information provided or generated by you is accurate, complete, current and in compliance with all Laws. By using the Services, you agree to update or correct any information which you have provided if such information becomes outdated or misleading.

7. OWNERSHIP AND OTHER INTELLECTUAL PROPERTY RIGHT

BFS (or its licensors) own all rights and interest to the Services. In exchange for your agreement and abidance to the Terms, BFS grants you a limited license to view and use the Services for the purposes contemplated thereby. You may not remove, alter, or obscure any copyright, trademark, or other proprietary rights or notices incorporated in or accompanying the Services. Further, you may not modify, distribute, publish, transmit, sell, transfer, of create derivative works of the Services, or use the Services in any other manner which is contrary to these Terms and the limited license granted hereby. We welcome feedback, comments, ideas, concepts, and suggestions for improvements to the Services (“Feedback”). When you submit Feedback to BFS you are thereby granting BFS a worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable, assignable and transferable license to any and all intellectual property rights in the Feedback to use, copy, modify, create derivative works of, and otherwise exploit the Feedback in any medium and for any purpose.

8. E-MAIL PERMISSION

By providing BFS with an email address, you grant BFS permission to reply to e-mail you send using that email address. You also grant permission to communicate with you in the future using this email address. You understand that if you are using a public computer, others may have access to your e-mail and that, therefore, e-mail sent to you may be seen by others on that computer, and such unauthorized access cannot be prevented by BFS . You have given us your permission to maintain copies of your correspondence and to use this correspondence in any way without paying you or obtaining your consent.

9. LIMITATIONS OF LIABILITY

TO THE GREATEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL BFS , OUR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE TO YOU OR TO YOUR HEIRS, SUCCESSORS OR YOUR ESTATE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COMPENSATORY, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO (I) THE USE OF, OR THE INABILITY TO USE, THE SERVICES, CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, (II) UNAUTHORIZED ACCESS TO OR LOSS, CORRUPTION OR ALTERATION OF YOUR INFORMATION, DATA, TRANSMISSIONS, CONTENT OR OTHER INFORMATION, (III) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION) (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR USING THE SERVICES, (V) BFS’S ACTIONS OR OMISSIONS IN RELIANCE UPON YOUR ACCOUNT OR CREDIT CARD INFORMATION AND ANY CHANGES THERETO OR NOTICES RECEIVED THEREFROM, (VI) YOUR FAILURE TO PROTECT THE CONFIDENTIALITY OF YOUR INFORMATION OR ANY PASSWORDS OR ACCESS RIGHTS TO YOUR ACCOUNT, (VII) THE ACTS OR OMISSIONS OF ANY THIRD PARTY USING OR INTEGRATING THE SERVICES OR (VIII) ANY OTHER MATTER RELATING OT THE SERVICES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE, ANTICIPATED PROFITS, GOODWILL, LOST BUSINESS, USE, DATA, SALES, COST OF SUBSTITUTE SERVICES, OR OTHER INTANGIBLE LOSSES (HOWEVER ARISING), EVEN IF BFS OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (B) ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF THE GREATER OF (A) FEES PAID TO US FOR THE PARTICULAR SERVICES DURING THE IMMEDIATELY PREVIOUS THREE (3) MONTH PERIOD OR (B) $500.00.

10. REVISIONS AND ERRATA

The materials appearing on BFS ‘s Services could include technical, typographical, or photographic errors. BFS does not warrant that any of the materials on its Services are accurate, complete, or current. BFS may make changes to the materials contained on its Services at any time without notice. BFS does not, however, make any commitment to update the materials.

11. LINKS

You may be able to link to third party websites, services or resources (collectively, “Third Party Sites”) on the internet, and some Third Party Sites may link to the Services. We do not control Third Party Sites in any way, and you acknowledge and agree that we are not responsible or liable for the content, availability, functions, accuracy, legality, appropriateness, advertising, products, information, use of user information, security or privacy policies and practices, or any other aspect or materials of any Third Party Sites. The inclusion of any link does not imply endorsement by BFS of the site. Use of any such linked web site is at the user’s own risk.

12. SITE TERMS OF USE MODIFICATIONS

BFS may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

13. GOVERNING LAW

Any claim relating to BFS ‘s web site shall be governed by the laws of the State of Washington without regard to its conflict of law provisions.

14. FULL AND COMPLETE AGREEMENT REGARDING WEBSITE

These terms and conditions represent the complete agreement between you and BFS regarding your rights to access and use the Services including the information obtained through or at this Site. This agreement is added to and not exclusive of any other agreement between you and BFS regulating the conduct of your relationship with BFS .

All rights given to BFS in these terms and conditions are inclusive of any and all other rights given to BFS . BFS does not waive any power or right under these terms and conditions even if we don’t always insist on strict compliance with the agreement, or if we delay or fail to exercise any power or right afforded to us by the terms of this agreement.