Terms and Conditions | The Better Food Company

The Better Food Company LLC, (BFC) Terms of Use

THE FOLLOWING TERMS AND CONDITIONS GOVERN YOUR USE OF THEBETTERFOODCO.COM, INCLUDING THE BETTER FOOD COMPANY LLC (HEREINAFTER COLLECTIVELY “BFC”) CLIENT AT THEBETTERFOODCO.COM ("CLIENT"), BFC REPORT MANAGER ("REPORT"), BFC MOBILE AND BFC BILLING ONLINE. YOUR VIEWING OR USE OF THIS SITE WILL CONSTITUTE YOUR AGREEMENT, ON BEHALF OF YOURSELF AND THE ENTITY YOU REPRESENT (HEREINAFTER COLLECTIVELY "YOU" OR "YOUR"), TO ALL OF THE TERMS AND CONDITIONS PROVIDED BELOW.

BFC MAY MAKE FUTURE CHANGES OR MODIFICATIONS TO SUCH TERMS AND CONDITIONS AT ANY TIME WITHOUT NOTICE, AND YOUR SUBSEQUENT VIEWING OR USE OF THEBETTERFOODCO.COM WILL CONSTITUTE YOUR AGREEMENT TO THE CHANGES AND MODIFICATIONS. THERE MAY BE ADDITIONAL TERMS AND CONDITIONS PROVIDED THROUGHOUT THEBETTERFOODCO.COM GOVERNING YOUR USE OF PARTICULAR FUNCTIONS, FEATURES, INFORMATION AND APPLICATIONS AVAILABLE THROUGH THEBETTERFOODCO.COM.

Definitions Use of TheBetterFoodCo.com, TheBetterFoodCo.com Login Registration Changes to TheBetterFoodCo.com. Termination of use Ownership Disclaimer of warranty Limitation of Liability Indemnity BFC.

Section 1. Definitions.

Content: information, graphics, products, features, functionality, services, and links on TheBetterFoodCo.com, including BFC Client at TheBetterFoodCo.com, Report Manager, and BFC Billing Online.

The Better Food Company LLC

You: Yourself and the entity that you represent

Section 2. Use of TheBetterFoodCo.com.

TheBetterFoodCo.com is provided solely for the use of current and potential BFC customers to interact with BFC and may not be used by any other person or entity, or for any other purpose. Specifically, all shipping, tracking, rating, receiving BFC invoices and remitting payment using electronic funds transfer ("EFT"), identifying and preparing international documents, estimating duties and taxes, and other information and services may only be used by current and potential BFC customers for their own shipments. Use of TheBetterFoodCo.com to provide information to or prepare shipments by or for the benefit of third-party shippers is expressly prohibited.

The use of automated dial-in or inquiry devices to obtain information through TheBetterFoodCo.com is strictly prohibited.

BFC does not accept ideas, concepts, or techniques for new services or products through TheBetterFoodCo.com. If such information is received, it will not be considered confidential and BFC will be deemed free to use, communicate and exploit such information in any manner it chooses.

Section 3. TheBetterFoodCo.com Login Registration.

You may choose to register on TheBetterFoodCo.com to access interactive features on TheBetterFoodCo.com. TheBetterFoodCo.com Login provides you with access to The BFC Client at client.TheBetterFoodCo.com, www.TheBetterFoodCo.com, sales.TheBetterFoodCo.com, reports.TheBetterFoodCo.com, billing.thebetterfoodco.com, mobile.TheBetterFoodCo.com and other online services. In the future, The Better Food Company may add other features that may be accessed through TheBetterFoodCo.com Login. In such event, previously registered users will not be required to re-register.

By registering on The Better Food Company.com, You agree to provide accurate and current information about Yourself as prompted by the TheBetterFoodCo.com Login Registration pages and maintain and promptly update Your online profile information to keep it accurate and current.

Some of TheBetterFoodCo.com services are being made available to customers based in some countries and not others. You agree to register only for TheBetterFoodCo.com services offered on the TheBetterFoodCo.com website for the country in which your BFC account is based. For example, if your BFC account is based in Canada, you will register for services offered on TheBetterFoodCo.com/ca and not for services offered on TheBetterFoodCo.com/us.

When you register using TheBetterFoodCo.com Login Registration, you will select a user ID and password. You are responsible for maintaining the confidentiality of the password and user ID, and you are responsible for all activities that occur under Your password and user ID. You agree to (a) immediately notify The Better Food Company of any unauthorized use of Your user ID and password, and (b) ensure that You exit from Your TheBetterFoodCo.com session at the end of each visit.

You acknowledge and agree that it may be necessary from time to time for BFC to confirm the validity of the credit card information you provided to open your BFC account. When this occurs, The Better Food Company may request a temporary authorization hold for a nominal amount on your card. This authorization hold does not result in actual charges to your card. These authorizations will automatically expire based on guidelines established by your card issuer.

Section 4. Changes to The Better Food Company.com.

TheBetterFoodCo.com and its Content, may be changed, deleted or updated at any time without notice.

Section 5. Termination of Use.

The Better Food Company may discontinue, suspend or modify TheBetterFoodCo.com at any time without notice, and BFC may block, terminate or suspend Your and any user's access to TheBetterFoodCo.com at any time for any reason in its sole discretion, even if access continues to be allowed to others.

Section 6. Ownership.

TheBetterFoodCo.com and its Content are protected by United States and international copyright, trademark and other laws. © 2002-2022 The Better Food Company. All rights reserved. Specifically, BFC does not convey to anyone, through allowing access to TheBetterFoodCo.com, any ownership rights in TheBetterFoodCo.com or in any Content appearing on or made available through The Better Food Company.com. Customer may not copy, modify, translate, transmit, distribute, adapt, reproduce, decompile, reverse engineer or disassemble any part of TheBetterFoodCo.com or its Content.

Section 7. Disclaimer of Warranty.

THEBETTERFOODCO.COMAND ITS CONTENT ARE PROVIDED "AS IS". THE BETTER FOOD COMPANY AND ITS LICENSORS DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, REGARDING ANY SUCH CONTENT AND YOUR ABILIITY OR INABILITY TO USE THEBETTERFOODCO.COMAND ITS CONTENT.

BFC EXPRESSLY DISCLAIMS AND EXCLUDES ALL WARRANTIES REGARDING THEBETTERFOOD CO.COM, SHIP MANAGER AND THE FUNCTIONING OF THE INTERNET WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BFC DOES NOT WARRANT THAT CLIENT OR REPORT MANAGER WILL MEET ALL OF CUSTOMER'S REQUIREMENTS OR THAT ITS OPERATIONS WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ANY DEFECT WITHIN CLIENT OR REPORT MANAGER WILL BE CORRECTED. FURTHERMORE, BFC DOES NOT WARRANT NOR MAKE ANY REPRESENTATION REGARDING THE RESULTS OF CUSTOMER'S USE OF CLIENT, REPORT, BILLING, SALES, MOBILE OR THEBETTERFOODCO.COMIN TERMS OF CAPABILITY, CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION, REPRESENTATION OR ADVICE GIVEN BY BFC OR AN AUTHORIZED REPRESENTATIVE OF BFC SHALL CREATE A WARRANTY.

Section 8. Limitation of Liability.

USE OF THEBETTERFOODCO.COM AND ITS CONTENT IS AT YOUR SOLE RISK. BFC WILL IN NO EVENT BE LIABLE TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES UNDER ANY THEORY OF LAW FOR ANY ERRORS IN OR THE USE OF OR INABILITY TO USE THEBETTERFOODCO.COM AND ITS CONTENT INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, BUSINESS, DATA, OR DAMAGE TO ANY COMPUTER SYSTEMS, EVEN IF YOU HAVE ADVISED BFC OF THE POSSIBILITY OF SUCH DAMAGES.

Section 9. Indemnity.

You agree to defend, indemnify and hold harmless BFC, its parent and affiliate companies and their respective officers, directors, employees, agents and representatives from any and all claims (i) arising out of Your breach of any of these terms and conditions, and any of Your activities conducted in connection with this site.

Section 11. Links to other web sites.

There are links on the TheBetterFoodCo.com site that allow You to visit the sites of third parties. The Better Food Company controls neither these sites nor the companies to whom they belong. The Better Food Company makes no representations concerning the information provided or made available on such sites nor the quality or acceptability of the products or services offered by any persons or entities referenced in any such sites.

The Better Food Company has not tested and makes no representations regarding the correctness, performance or quality of any software found at any such sites. You should research and assess the risks, which may be involved in accessing and using any software on the Internet before using it.

Section 12. Privacy Policy.

The BFC Privacy Policy governs the use of information acquired from You through The Better Food Company.com.

Section 13. Export.

You assume all responsibility for compliance with all laws and regulations of the United States and any other country from which You may access TheBetterFoodCo.com regarding access, use, export, re-export and import of any Content appearing on or available through TheBetterFoodCo.com.

You acknowledge and agree that you will not export or import any Content to any country to which export or import is restricted under United States law, that You are not a national of any such country, you are not a Denied Party listed on the U.S. Denied Persons List, you are not a Special Designated National on the U.S. Treasury Department's list of Specially Designated Nationals, and that the Content will not be used in the design, development or production of nuclear, chemical or biological weapons.

Section 14. Controlling Law and Severability.

This Agreement and Your use of TheBetterFoodCo.com is governed by and construed in accordance with the laws of the United States and the State of California, excluding its conflict of laws provisions. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or a portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible.

Any cause of action with respect to TheBetterFoodCo.com or this Agreement must be instituted within one year after the claim or cause of action has risen or be barred and must be brought in a court of competent jurisdiction within New Haven County, California. This Agreement may not be changed or modified without the written consent of The Better Food Company.