Terms and Conditions

Please read carefully the following Terms and Conditions of Use before using this website.

Welcome to Human Better

Human Better, Inc., a Delaware corporation, operates the website located at the URL www.humanbetter.co (together with any other website or applications branded as Human Better, (collectively, the “Website”). These Terms of Use constitute an agreement between Human Better and you, the visitor, governing your access and use of the Website. Please read these Terms of Use carefully before you start using the Website. These Terms of Use are also incorporated by reference into our Privacy Policy and Customer Terms of Use.

By using this website or purchasing products from Human Better, you agree to accept and adhere to the following Terms and Conditions of Use. If you do not agree with all of the Terms and Conditions of Use, then you should not use this website.

Human Better reserves the right to modify these Terms and Conditions of Use at any time. Your continued use of this website constitutes acceptance of revisions to the Terms and Conditions of Use that might be made, so please check this page regularly.

Throughout Human Better's website, we may refer to you as Professional-Customer, Authorized-Reseller, Reseller, or Customer. We use these terms interchangeably to refer to all who have signed up under a Human Better account. These Terms and Conditions of Use apply to you.

Terms of Sale
  • Human Better reserves the right to revise the pricing of the products sold on it’s website at any time and without advance notice.
  • Products sold by Human Better are shipped according to the standard methods of shipping in place at the time.
  • If a Human Better product is received in damaged condition, then it should be reported promptly to the Customer Service Department.
  • If a discrepancy exists between the quantity or items ordered and the quantity or items received, then Human Better should be notified within seven business days of receipt of the shipment.
  • If a Customer places an order online and then subsequently refuses to accept delivery of the order for reasons that are attributable to Customer error, then the Customer can be assessed a restocking fee and the shipping charges.
  • Product returns should be pre-approved by Human Better and received within 14 business days of authorization of the return. Please contact Human Better's Customer Service Department and speak with a Customer Service Representative for information about returning product. Some products are not eligible for return.
  • Human Better must receive a returned product before a credit for the returned product can be issued.
  • There is a processing fee on returned products. The Customer is responsible for shipping costs on returned products unless shipping costs are waived when the Return Authorization is approved.
  • These Terms of Sale can be revised at any time should it be determined that it is in the best interests of Human Better to do so.
Human Better believes this Internet sales policy:
  • Ensures that customer inquiries are addressed promptly and accurately.
  • Ensures accurate product tracking in the event of a product recall.
  • Ensures proper tracking and resolution of adverse events.
  • Ensures compliance with California's Proposition 65.
  • Improves customer communications and care.
Affiliate Marketing Programs

Some Human Better products can be offered as part of an Affiliate Marketing Program. Human Better uses the definition of an Internet-based Affiliate Marketing program that can be found on http://en.wikipedia.org/wiki/Affiliate_Program. Human Better will designate which customers qualify as affiliates for this purpose.

Use of Human Better Trademarks Online

Images and likenesses of Human Better's trademarks and trade dress (including pictures of bottles bearing Human Better labeling) and copyrighted product descriptions can be downloaded from Human Better websites by Customers who have opened a Human Better account.

A Customer does not have the right to affix any Human Better trademark to any product or other material that is not a Human Better nutritional supplement product.

A Customer agrees to use the trademark symbols "™" or "®" as appropriate, when displaying Human Better's trademarked names or products, as an attribution of Human Better's ownership of its trademarks. The use of a Human Better trademark does not give a Customer any ownership right, title, or interest, express or implied, in the trademark.

A Customer's use of Human Better's trademarks should be accompanied by a statement that substantially states the following: "Human Better trademarks are used with permission."

A Customer should not use Human Better's trademarks except in the form, context, and location that is acceptable to Human Better.

A Customer must not use any Human Better product name or trademark as part of a URL (Universal Resource Locator), secondary level domain name, metatag, key word, or file name.

Disease Claims

To protect Human Better from legal liability due to the regulatory requirements of the U.S. Food and Drug Administration and the U.S. Federal Trade Commission regarding disease claims associated with nutritional supplement products, Human Better products cannot be displayed or mentioned within two clicks of any disease claim.

Human Better Logo

The Human Better logo can only be used in the form supplied by Human Better for use online. Neither the file name nor the name of the image can be changed or modified from the original form supplied by Human Better. The Human Better logo may be accompanied by a statement indicating "I (We) proudly offer [insert Human Better logo] products." No other statements may be affiliated with use of the Human Better logo.

Miscellaneous

Human Better may, in its sole discretion, revise its Internet policy at any time.

Any failure or delay by Human Better in enforcing any provision of its Internet policy will not be considered a waiver of such provision and will not prevent Human Better from enforcing the provision at a later date.

Copyright / Trademarks

Except where otherwise indicated, all materials presented on Human Better's website are the copyrighted property of Human Better.

The Human Better logo and the names of various products offered by Human Better are trademarks of Human Better, Inc.

Permission is hereby granted to use, copy, and distribute the materials presented on this website without alteration for non-commercial purposes only; provided, however, that all copyright, trademark, or any other proprietary notice appear in all copies in the same manner as the original. All other uses are prohibited.

Except as expressly provided herein, you must not use any portion of this website, or any other intellectual property of Human Better, on any other website, in the source code of any other website, or in any other printed or electronic materials.

Except as expressly provided herein, you must not modify, publish, reproduce, republish, create derivative works, copy, upload, post, transmit, distribute, or otherwise use any of this website's content, or frame this website within any other website, without the prior written permission from Human Better.

Systematic retrieval of data or other content from this website to create or compile, directly or indirectly, a collection, compilation, database, or directory, without prior written permission from Human Better, is prohibited. Linking from another website to any page in this website is prohibited without the prior permission from Human Better.

Products

The information and descriptions presented on Human Better websites are intended as general information, and are not necessarily complete descriptions of every product, indication for use, or contraindication for use.

Third-Party Websites

This website may contain links to other websites ("third-party websites") that are not maintained by Human Better. These links are provided solely for your convenience. Human Better makes no warranties or representations about the content of any products or services offered by, or the intellectual property compliance of, any third-party website. Human Better recommends you take the time to read the privacy policy and the terms and conditions of use of any third-party website.

Privacy Policy

Please review our Privacy Policy, which also governs your visit to Human Better's websites.

Personal Security Code Registrations

Some portions of some Human Better websites are restricted and require a user identification code ("User ID") and a personal security code ("Password") for access. Unauthorized use of or access of such restricted portions of our websites is prohibited.

In accessing portions of Human Better websites requiring a User ID and Password, you agree that Human Better is entitled to act on instructions received under your User ID and Password and that Human Better is not liable for any unauthorized access to your personal information that is not the direct result of gross negligence or intentional misconduct on the part of Human Better.

You must keep your User ID and Password confidential and you should notify Human Better promptly if you believe anyone else has obtained your User ID and Password or if any unauthorized access to the restricted portions of Human Better's websites has occurred or may occur. Human Better may block access to the restricted portions of its websites without prior notice if we believe your Password is being used by someone other than you or if any unauthorized access to your personal information has occurred or may occur.

Disclaimer Of Warranties

The content and materials on Human Better websites are provided "as is" and without representations or warranties of any kind, either express or implied. Human Better expressly disclaims all warranties, express or implied, with respect to its websites including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Human Better does not warrant or represent that the functions or operation of its websites will be uninterrupted or error-free, that defects will be corrected, or that Human Better's websites, its servers, or any e-mail sent from Human Better are free of viruses or other harmful components. Because some States do not allow a disclaimer of warranties, the foregoing disclaimer may not apply to you.

Limitation of Liability

Human Better is not liable for any injury, loss, claim, or damage, nor any indirect, special, incidental, or consequential damages of any kind, whether based in contract, tort, strict liability or otherwise, which arises out of the use of, or inability to use, its websites or the content found on its websites, or, unless resulting from the gross negligence or intentional actions of Human Better, the unauthorized access to or alteration of your transmissions or data, even if Human Better has been advised of the possibility of such damages. Because some States do not allow a limitation of liability for certain damages, the foregoing limitations may not apply to you.

Jurisdiction / Enforceability

Use of Human Better websites is governed by and construed in accordance with the laws of the State of California without giving effect to any principles of conflicts of laws. Any dispute concerning a Human Better website is subject to the venue of a court of competent jurisdiction in Los Angeles County, California.

Should any provision of these Terms and Conditions of Use be held invalid, unlawful, or unenforceable, then the invalid, unlawful, or unenforceable provision will be severed from the remaining provisions, and such invalid, unlawful, or unenforceable provision will not affect the validity or enforceability of the remaining provisions.

SMS/MMS Mobile Message Marketing Program Terms and Conditions

Human Better (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.

User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.

User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.

YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.

Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events. Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.

Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at yo@humanbetter.co. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above. MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

Our Disclaimer of Warranty: The Program is offered on an “as-is” basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.

Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.

Age Restriction: You may not use of engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.

Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes: Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity; Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age; Pirated computer programs, viruses, worms, Trojan horses, or other harmful code; Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received; Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge, LLC d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Los Angeles, California before one arbitrator.

The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Human Better’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.

Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.