A WayBetter Company™

Terms of Use

Date of Last Revision: March 28, 2017

Thank you for using WayBetter, a series of behavior modification websites that allow individuals to enter into goal-oriented games and bet on their ability to reach their targets. The WayBetter websites and related services are operated byWayBetter Inc. (hereafter, "us", "we", "WayBetter" or the "Company"). By registering, accessing, or using any of WayBetter's websites (including but not limited to www.waybetter.com and www.dietbet.com), any mobile version thereof, or any software system designed to support or permit interaction with the website or its functionality over a network (together the "Site"), you (the "User") signify that you have read, understand, and agreed to be bound by these Terms of Use ("Terms of Use" or "Agreement"), whether or not you are a registered member of WayBetter. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice, provided that WayBetter will post the changes to these Terms of Use on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, then do not use or access (or continue to use or access) the Site. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review said changes.

Please read these Terms of Use carefully as they contain important information regarding your legal rights, remedies, and obligations. These include various limitations and exclusions and a dispute resolution clause that governs how disputes will be resolved.

  1. Eligibility. Use of the Site is void where prohibited. This Site is intended solely for users who are eighteen (18) years of age or older. Any registration by, use of, or access to the Site by anyone under 18 is unauthorized, unlicensed, and in violation of these Terms of Use. By using the Site, you represent and warrant that you are 18 or older and that you agree to abide by all of the terms and conditions of this Agreement.
  2. Term. These Terms of Use will remain in full force and effect while you use the Site and/or are a registered member. The Company may terminate your membership, delete your profile and any content or information that you have posted on the Site, and/or prohibit you from using or accessing the Site (or any portion, aspect or feature of the Site) for any reason, or no reason, at any time at in its sole discretion, with or without notice, including if it believes that you are under 18. You may terminate your membership at any time for any reason provided that if you are in an ongoing game you will continue to be bound by the terms of that game until that game terminates.
  3. Registration Data; Account Security. You agree to (a) provide accurate, current, and complete information about yourself as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to the Company, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account.
  4. User Conduct.
    1. The User has a nonexclusive, nontransferable, limited, and revocable right to use the Site solely for User's personal, non-commercial use. The User will not use the Site for any other purpose, including any commercial purpose, without the Company's prior written consent. The User represents, warrants, and agrees that no materials of any kind submitted through the User's account or otherwise posted, transmitted, or shared by the User on or through the Site will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory, or otherwise unlawful material. The User also agrees to use the Site in a manner consistent with any and all applicable laws and regulations.
    2. The User agrees not to use the Site or to authorize any other person to use the Site to:
      1. cause the Site, or any portion thereof, to be framed in such a way that the Site, or any portion thereof, appears on the same screen with a portion of another website;
      2. harvest or collect email addresses or other contact information of other users from the Site by electronic or other means for any reason outside game play, including sending unsolicited emails or other unsolicited communications;
      3. use the Site in any prohibited or unlawful manner or in any other manner that could damage, disable, overburden or impair the Site;
      4. use automated scripts to collect information from or otherwise interact with the Site;
      5. upload, post, transmit, share, store, or otherwise make available any content that the Company deems to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, racist, or otherwise objectionable, including the weights and other sensitive personal information of players without such players' written permission;
      6. upload, post, transmit, share, store, or otherwise make available any videos other than those of a personal nature that: (i) are of you or your friends, (ii) are taken by you or your friends, or (iii) are original art or animation created by you or your friends;
      7. register for more than one User account, register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity;
      8. impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age, or your affiliation with any person or entity;
      9. upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
      10. upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers, and credit card numbers;
      11. solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
      12. upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
      13. intimidate or harass other Users;
      14. upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
      15. use or attempt to use another's account, service, or system without authorization from the Company, or create a false identity on the Site;
      16. upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of the Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose the Company or its users to any harm or liability of any type;
      17. manipulate your weight in short-term ways that violate our Guidelines for Losing Weight Safely, including engaging in rapid hydration or dehydration, binging, purging, and/or weight-loss surgery;
      18. misrepresent your weight or make any other misrepresentation that affects a game;
      19. play repeatedly for the purpose of being a "professional" competitor;
      20. manipulate the game including colluding among players, wagering on a WayBetter game that you are not competing in, betting on someone other than yourself, betting against a player, or otherwise manipulating the natural course of the game;
      21. play in more the allowable number of concurrent games;
      22. Without limiting any of the foregoing, you also agree to abide by our WayBetter Code of Conduct that provides further information regarding the authorized conduct of users on any WayBetter site.
  5. Proprietary Rights in Site Content; Limited License.
    Proprietary Rights. The User acknowledges and agrees that all content on the Site, including designs, text, graphics, pictures, photographs, video, information, applications, software, music, sound, and other files, and their selection and arrangement (the "Site Content"), are the property of WayBetter and its content providers and that the Company and its content providers retain all right, title, and interest in the Site Content. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without WayBetter's prior written permission, except that the foregoing does not apply to the User Content (as defined below) that the User legally posts on the Site.
    1. Limited License. Provided that the User is eligible to use the Site, the User is granted a limited license to access and use the Site and the Site Content and to download or print a copy of any portion of the Site Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright, trademark, service mark, or other proprietary notices intact. This limited license shall permit the User to share his or her User Content through social media, e-mail, or other Internet platforms. Except for User Content, you may not upload or republish Site Content on any Internet, Intranet, or Extranet site or incorporate any Site Content in any other database or compilation, and any other use of the Site Content is strictly prohibited. The license granted by this Terms of Use does not permit the use of any data mining, robots, spiders, or similar data gathering or extraction methods. Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of Company, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. This license is revocable at any time without notice and with or without cause.
  6. User Content Posted on the Site.
    User Responsibility. You are solely responsible for the photos, profiles (including your name, image, avatars, and likenesses), messages, notes, text, information, music, video, advertisements, listings, and other content that you upload, publish or display (hereinafter, "post") on or through the Site (collectively the "User Content"). You may not post, transmit, or share User Content on the Site that you did not create or that you do not have permission to post. You understand and agree that the Company may, but is not obligated to, review the Site and may delete or remove (without notice) any Site Content or User Content in its sole discretion, for any reason, or no reason, including User Content that in the sole judgment of the Company violates this Agreement or the WayBetter Code of Conduct, might be offensive, illegal, threatening to the safety of users or others, unpleasant, or might violate the rights of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site or provide to the Company.
    1. License. When you post User Content to the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Site. By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, research or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing, provided that the Company may not use User Content in violation of the Privacy Policy. Aside from the license granted herein, Users retain all rights to their User Content, including the right to remove User Content at any time. If a User removes his or her User Content, then the license granted herein shall automatically expire, except that the Company shall retain such license to the extent that the Company has incorporated such content onto its content sites or in its advertising or promotional materials, and shall have the right to retain archived copies of such content.
    2. Submissions. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site ("Submissions"), provided by you to the Company are non-confidential and shall become the sole property of the Company. The Company shall own exclusive rights (including all intellectual property rights) to, and shall be entitled to the unrestricted use and dissemination of, these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
  7. Intellectual Property.
    Trademarks. WayBetter, DietBet, DietBetter, The WayBetter Way, WayBetter Today, the Daily Carrot, and other Company graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, service marks, or trade dress of the Company in the U.S. and/or other countries. The Company's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.
    1. Copyright Protection.
      1. You may not Post, distribute or reproduce any copyrighted material, trademarks, or service marks or other proprietary information owned by another party without obtaining the prior written consent of the copyright owner. If you believe that your work has been copied and Posted on the Website without your permission or in any other way that constitutes copyright infringement, please review and follow the procedures set forth in our Copyright Policy.
      2. In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, the Company has adopted a policy of terminating, in appropriate circumstances and at the Company's sole discretion, members who are deemed to be repeat infringers. The Company may also at its sole discretion limit access to the Site and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement or infringement of the Company's intellectual property rights specifically.
  8. Third Party Websites and Content.
    The Site contains (or you may be sent through the Site to) links to other web sites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to, or permitting of the use or installation of any Third Party Site or any Third Party Applications, Software, or Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software, or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the Site.
    1. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof, or any affiliation therewith, by the Company. Even if we recommend certain products, we are not offering any warrantees about the quality or safety of such products, either explicit or implied. You should do your own independent research, particularly when it comes to food- and health-related products.
  9. Disputes between Users. You are solely responsible for your interactions with other WayBetter users. We reserve the right, but have no obligation, to monitor and/or resolve disputes between you and other users. In the event that we do resolve a dispute between or among you and other users, our decision shall be final.
  10. Disclaimers.
    Content. The Company is not responsible or liable in any manner for any User Content or Third Party Applications, Software, or Content posted on or accessible through the Site, whether posted or caused by users of the Site, by WayBetter, by third parties, or by any of the equipment or programming associated with or utilized in the Site. Although we provide rules for user conduct and postings, we do not control and are not responsible for what users post, transmit, or share on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful, or otherwise objectionable content you may encounter on the Site or in connection with any User Content or Third Party Applications, Software, or Content. The Company is not responsible for the conduct, whether online or offline, of any user of the Site.
    1. Availability and Data Integrity. The Site may be temporarily down from time to time for maintenance or other reasons. The Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications including but not limited to User Content. The Company is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to User's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the worldwide web and/or in connection with the Site. Under no circumstances shall the Company be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death or to losses of bets on WayBetter, resulting from anyone's use of the Site, any User Content or Third Party Applications, Software or Content posted on or through the Site or transmitted to Users, or any interactions between users of the Site, whether online or offline.
    2. Viruses and Malware. The Company does not represent or warrant that software, content or materials on the Site, or any Third Party Applications, Software, or Content are accurate, complete, reliable, current, or error-free or that the Site, its servers, or any Third Party Applications, Software or Content are free of viruses or other harmful components. Therefore, you should exercise caution in the use and downloading of any such software, content or materials and use industry-recognized software to detect and disinfect viruses.
    3. Health Disclaimer. WayBetter is not a medical organization. Nothing contained in this Agreement or on the Site should be construed as medical advice. The information offered by WayBetter and its affiliates should not be interpreted as a substitute for physician consultation, evaluation, or treatment. The User acknowledges that WayBetter has no knowledge of any User's health condition(s) and that User alone is responsible for any actions User takes that may have any health or other risks to User. WayBetter may from time to time provide advice and comments as to weight loss and other health and wellness issues on its website or through e-mails and other media, including text, graphics, and images. This content is for informational purposes only and is not intended to be a substitute for professional review of your particular situation. WayBetter does not endorse or recommend any products, services, procedures or opinions that may be mentioned on its site.
    4. Results. We believe our games, when played properly, will help most people to reach their goal including weight loss or maintenance. The Company cannot guarantee and does not promise any specific results from use of the Site and/or any Third Party Applications, Software, or Content. In no case shall the Company be responsible to you for losing money should you wager on any WayBetter sites. You acknowledge that betting is inherently risky.
    5. Not a game of chance. WayBetter games are not games of chance. The intent of the program is to reward participants only for actions over which they have control or influence. The use of this program to reward participants for actions over which they have no control or influence is strictly prohibited.
    6. Fees. WayBetter shall charge fees as set forth on its website for providing its game-related services, which fee may be changed from time to time. These may include direct fees as well as a percentage of money that Users bet on themselves.
    7. Organizers. WayBetter games may be organized by an individual not associated with the company. These games may be private or open to the public. These Organizers have the right to eject players at their own discretion. Any disputes you have with Organizers must be resolved directly with the Organizer. The Company will not mediate such disputes or take any responsibility for the actions or inactions of game Organizers.
    8. Hosts. WayBetter games may be hosted by individuals who may or may not be associated with the company. WayBetter is not responsible for any advice or tips they may offer in their games. If Hosts offer specific prizes in their games, they are responsible for delivering those prizes directly to players in the game. WayBetter is under no obligation to fulfill those prizes or incentives.
    9. Disqualifications and Ejections. You may be disqualified for a variety of reasons by your game's Organizer or Host, including violating WayBetter's rules, Terms of Use, or for displaying bad sportsmanship in the judgment of your Organizer or Host. If you are disqualified or ejected for any reason, you will not receive a refund. You further acknowledge that your game's Organizer or Host has the absolute and unappealable right to eject anyone in the game. If you are not comfortable giving the Organizer or Host this power, do not play.
    10. Excessive Weight Loss. You will be automatically disqualified for excessive weight loss. We do this to discourage players from losing what could be an unhealthy amount of weight, and to prevent players from winning by dint of rapid weight-loss procedures such as bariatric surgeries and liposuction. See individual game rules for disqualification thresholds. If you are disqualified for Excessive Weight Loss, you will not be entitled to a refund.
  11. Reward Points.
    1. Reward Points awards. Game winnings, as determined by the rules of the various WayBetter games, shall be awarded to players in Reward Points in accordance with the rules of such games. The amount of points awarded shall be automatically deposited into players' accounts.
    2. Reward Points redemptions. Unexpired Reward Points may be redeemed in whole or in part in cash (e.g. via PayPal) at any time on the basis of USD $1.00 for each Reward Point and may also be applied at the same value for participation in new games or for any other purposes permitted from time to time by WayBetter, including purchases of products and services offered by WayBetter and its partners. Cash redemptions will be made though PayPal, Dwolla, or other payment vendor designated by WayBetter. You expressly authorize WayBetter's service provider, Dwolla, Inc. to originate credit transfers to your financial institution account. Players in the US also have the option to receive a check for a $5 handling fee. If PayPal is unavailable in the player’s region, payment will alternatively be made, if determined to be feasible by WayBetter, by check or by gift card of a major retailer accessible to player as selected by WayBetter. A handling fee may be deducted from all payments made through alternative payment methods.
    3. Expiration of Reward Points. Reward Points in a player’s account shall remain in force for a period of one year from the date of the last activity that changes the number of Reward Points in a player’s account.
    4. Conversion of current accounts to Reward Points. The amount of dollars in Credits allocated to each player’s account as of September 25, 2015 based on prior winnings shall be converted to Reward Points as of that date on the basis of one (1) Reward Point for each one U.S. dollar ($1.00) in such account.
    5. General. Reward Points are the property of WayBetter and not of the players. They cannot be sold or transferred to any other person or entity, including to other players, and cannot be transferred by operation of law, such as by bankruptcy, inheritance, or divorce. Any such purported transfers shall be null and void. Players shall have no vested rights in Reward Points. They shall have no value except as provided in these rules, and shall under no circumstances have any value after their expiration. WayBetter is not responsible for and will have no liability arising from products and services offered by companies participating in its Reward Points program. WayBetter may, in its discretion, change the Reward Points program rules, awards and special offers, or terminate the program, at any time with or without notice to Reward Points holders.
  12. Reservation of Rights. The Company reserves the right, solely in its discretion, to change any and all content, software, and other items used or contained in the Site at any time without notice;
    1. modify and/or discontinue the Site at any time without notice; and
    2. terminate your username, password and account, should you be in violation of the Terms of Use.
  13. THE SITE AND THE SITE CONTENT ARE PROVIDED "AS-IS" AND THE COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA, OR SOFTWARE (INCLUDING ANY MOBILE CLIENT) FROM OR THROUGH THE SITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.
  14. Limitation on Liability.
    1. IN NO EVENT WILL COMPANY OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR ANY THIRD PARTY APPLICATIONS, SOFTWARE OR CONTENT OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
    2. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE SITE DURING THE TERM OF THIS AGREEMENT AND IN NO CASE WILL EXCEED $1,000. THE COMPANY SHALL BEAR NO LIABILITY FOR ANY AMOUNTS LOST THROUGH A BET MADE ON OR THROUGH THE SITE. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO COMPANY FOR USE OF THE SITE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM THE COMPANY, REGARDLESS OF THE CAUSE OF ACTION.
  15. Indemnity. You agree to indemnify and hold the Company, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any User Content, any Third Party Applications, Software or Content you post or share on or through the Site, your use of the Site, your conduct in connection with the Site or with other users of the Site, or any violation of this Agreement or of any law or the rights of any third party.
  16. Communications from WayBetter. By playing a WayBetter game you acknowledge that during the game you will automatically receive certain messages related to the game. We default to opt-out because we believe these game-related messages are fundamental to the experience of playing. You may control your notifications preferences from our site and opt-out or (or opt back into) messaging at any time. Please see our Privacy Policy for how we protect the private data that you entrust to us.
  17. Miscellaneous.
    Governing Law; Venue and Jurisdiction. By visiting or using the Site, you agree that the laws of the State of Delaware, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and the Company or any of our affiliates. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts in Delaware, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts in Delaware.
    1. Arbitration. You and the Company agree that all disputes, controversies or differences which may arise between the parties hereto, out of or in relation to or in connection with this Agreement shall be finally settled by binding arbitration in Delaware in accordance with the Consumer Procedures and Rules of the American Arbitration Association.
    2. Privacy. Please review our Privacy Policy, which also governs your visit to the Site, to understand our practices.
    3. Definitions and Constructions. Unless otherwise specified, the terms "includes", "including", "e.g.,", "for example", and other similar terms are deemed to include the term "without limitation" immediately thereafter. Terms used in these Terms with the initial letter(s) capitalized will have the meaning attributed to them in these Terms.
    4. No Agency. There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and us or between us and any other Member or user of the Website.
    5. Survival. Although this Agreement may be terminated by you or us at any time and for any reason, the terms of the following sections of this Agreement will survive any such termination and you and we will continue to be bound by such terms indefinitely: Section 2 (Terms), Section 5 (Proprietary Rights in Site Content), Section 9 (Member Disputes), Section 10 (Disclaimers), Section 14 (Limitation on Liability), Section 15 (Indemnity), and this Section 17 (Miscellaneous).
    6. Entire Agreement. These Terms of Use constitute the entire agreement between you and Company regarding the use of the Site, superseding any prior agreements between you and the Company relating to your use of the Site.
    7. Other. The failure of the Company to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms of Use shall be held invalid or deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provision.

WayBetter's Code of Conduct.

We encourage good-natured jocularity in the spirit of friendly competition but we also intend for WayBetter to be a place where people respect the rights and feelings of others, including third party intellectual property rights. Therefore, we have established certain rules for using WayBetter and for posting messages, photos, video and other content ("Content") on WayBetter, which rules are set forth in the Terms of Use and in this Code of Conduct.

WHEN YOU PLAY A WAYBETTER GAME, YOU ARE AGREEING TO ABIDE BY THE CODE OF CONDUCT AND THE OTHER RULES SET FORTH IN OUR TERMS OF USE. FAILURE TO ADHERE TO THIS CODE OF CONDUCT AND THE TERMS OF USE MAY RESULT, AMONG OTHER THINGS, IN TERMINATION OF YOUR ACCOUNT AND THE DELETION OF CONTENT THAT YOU HAVE POSTED ON WAYBETTER OR ANY OF IT'S SITES, WITH OR WITHOUT NOTICE, AS DETERMINED BY WAYBETTER IN ITS SOLE DISCRETION. Please refer to our Terms of Use for more information about the rules applicable to your use of WayBetter and the other rights and remedies of WayBetter.

WayBetter's Anti-Cheating Provisions.

WayBetter expects and requires fairness on the part of its players. To assure compliance with its standards, Waybetter reserves the right to require additional audit of results. Some players may be required to submit additional proof of their final submission within 24 hours of being requested to do so. Instructions on the process will be sent to the player upon being notified of this requirement. Non-compliance by a player with these requirements will result in forfeiture of a player's winning proceeds and initial bet. Further, Waybetter may in its complete discretion decline to permit any individuals to participate in its games. By enrolling in one of WayBetter's games, the player accepts all of WayBetter's terms and conditions and acknowledges that that the decisions of WayBetter's officials shall be final and conclusive with respect to all matters involving WayBetter games.

SUBMISSION OF FRAUDULENT INFORMATION NOT ONLY VIOLATES WAYBETTER'S GAME RULES BUT MAY SUBJECT THE PLAYER TO CRIMINAL PENALTIES.

Third-Party Content.

Waybetter allows you to upload and share user generated Content with your friends, such as photographs and videos you upload from your camera, webcam or mobile phone. This means that you may post and share original photographs and videos of a personal nature that: (i) are of you or others, (ii) are taken by you or others, or (iii) are original art or animation created by you or others. It is not intended as a place for you to post third-party copyrighted content. In addition, we expect our users to use good judgment and respect the copyrights and other intellectual property rights of others. Therefore, in using WayBetter, you may not:

  • upload or share any photographs, videos or other Content other than original works that are created by you or another user
  • post or share any Content that infringes upon or violates the copyright, trademarks or other rights of any third party
  • attempt to circumvent any content filtering techniques we may employ

Inappropriate Content.

While we believe users should be able to express themselves and their point of view, certain kinds of speech simply do not belong in a community like WayBetter. Therefore, you may not post or share Content that:

  • is obscene, pornographic, or sexually explicit
  • depicts graphic or gratuitous violence
  • makes threats of any kind or that intimidates, harasses, or bullies anyone
  • is derogatory, demeaning, malicious, defamatory, abusive, offensive or hateful

Unlawful or Harmful Content or Conduct.

Although as an online service provider we are not responsible for the conduct of our users, we want WayBetter to be a safe place on the internet. Therefore, in using Waybetter, you may not:

  • violate any local, state, national, or international law or post any Content that would encourage or provide instructions for a criminal offense
  • impersonate any person or entity or otherwise misrepresent yourself, your age, or your affiliation with any person or entity
  • use Waybetter to send or make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation
  • post or share any personally identifiable or private information of any third party
  • solicit passwords or personal information from anyone, including those under 18
  • use information or content you obtained on the WayBetter website or service in any manner not authorized by the WayBetter Code of Conduct or Terms of Use
  • post any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment
  • register for more than one account; use or attempt to use another's account, service, or system without authorization; or create a false identity on the Service or the Site
  • engage in any predatory or stalking conduct

This Code of Conduct is subject to change at any time at WayBetter's sole discretion.

Membership Terms and Conditions

1. OFFICIAL RULES

NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. MAKING A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. The DietBet Membership Weekly Weigh-In Sweepstakes (the “Sweepstakes”) is sponsored by DietBet a WayBetter company , having an address of www.dietbet.com.

2. ELIGIBILITY

Subject to these Official Rules, the Sweepstakes is open only to permanent legal residents of the US and Canada who are at least 18 years old as of the date of entry. Employees of Sponsor, DietBet, and their respective parents, affiliates, subsidiaries, and advertising and promotion agencies and any other entity involved in the development or administration of this Sweepstakes, and their immediate family members or household members are not eligible to participate in or win the Sweepstakes. THE SWEEPSTAKES IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW OR WHERE BONDING, REGISTRATION, OR OTHER REQUIREMENTS WOULD BE REQUIRED BUT HAVE NOT BEEN MET, OR WHERE THE METHODS OF ENTRY SET FORTH BELOW WOULD BE DEEMED CONSIDERATION. ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS APPLY.

3. ENTRY PERIOD

The Sweepstakes begins at May 17, 2018 and ends at May 23, 2018 (“Entry Period”).

4. HOW TO ENTER

No purchase or payment is necessary to participate in the Sweepstakes. During the Entry Period, enter the Sweepstakes through visiting DietBet.com and submitting a weekly progress weigh-in after joining DietBet Membership. You may only submit one entry per week. Alternatively, you may use the Alternative Method of Entry below.

By submitting an entry, you agree that your name, profile, image, and any other information provided by you or collected by Sponsor in connection with the Sweepstakes may be used by Sponsor in accordance with Sponsor’s Privacy Policy https://www.dietbet.com/privacy and may be shared with Sponsor’s affiliated business entities. All information submitted to Sponsor as part of an entry becomes the property of the Sponsor.

Sponsor expressly reserves the right to disqualify any entries that it believes in good faith are generated by an automated means or scripts. Entries generated by script, macro or other automated means are void. Alternative Method of Entry (“AMOE”):
You may also enter the Sweepstakes by mail as follows. On a plain 3” x 5” index card, legibly handprint or type your first name, last name, date of birth, complete address, city, state, zip code, home phone number (including area code), and email address (if any) and mail your completed 3” x 5” card to The DietBet Membership Weekly Weigh-In Sweepstakes: 205 E 42rd Street, 17th Floor, New York, NY 10017. To be considered eligible in the Sweepstakes, AMOE entries must be postmarked no later than May 23, 2018. Each AMOE card received will be considered as one (1) entry for that entrant.

Regardless of the method used to enter this Sweepstakes, the maximum number of entries allowed during the Entry Period is one per entrant per week.

5. PRIZES

The prize has an estimated retail value of $

Decisions of the Sponsor are final and binding with respect to all matters related to the Sweepstakes. In no event shall the Sponsor be obligated to award any prizes other than the Prizes specified in these Official Rules. The Prizes are non-transferable and no substitutions (including, without limitation, for cash) are permitted, except that Sponsor reserves the right to substitute a prize of equal or greater monetary value for any Prize if such Prize should become unavailable for any reason. Winners shall be responsible and liable for all federal, state and local taxes on the value of the Prizes, and any related shipping and handling charges. To receive a complete list of winners or a copy of the Official Rules, within six months after the end of the Entry Period, send a self-addressed stamped envelope to Sweepstakes,205 E. 42nd St. New York, New York 10017.

Please allow 1-3 weeks for delivery of Prizes. DietBet shall be solely responsible for Prize fulfillment.

6. PRIZE SELECTION

The winning entry for the Prize will be chosen at random from all eligible entries during the Entry Period. The number of eligible entries received determines the odds of winning. In the event of a dispute regarding the identity of the potential winner, the potential winner will be deemed to be the person in whose name the email or facebook is registered.

The Sweepstakes will be conducted under the supervision of the Sponsor. The decisions of the Sponsor are final and binding in all matters relating to this Sweepstakes. [Winners will be notified by email; provided, however, that] Sponsor reserves the right to determine an alternate method of notification. Winners must claim their Prize within 180 days after the date of notification of such Prize. A Sweepstakes winner's failure to respond to the Prize notification within the specified 180 days will be considered such Sweepstakes winner's forfeiture of the prize and an alternate winner may be selected from the pool of eligible entries. If an entrant is found to be ineligible, an alternate winner may also be selected from the pool of eligible entries.

7. GENERAL CONDITIONS AND RELEASES

By entering the Sweepstakes or accepting a Prize, you agree to conform to all federal, state and local laws and regulations. When applicable, the winner may be required to execute and return (and winning may be conditioned upon the winner executing and returning) to Sponsor, within ten (10) business days, an Affidavit of Eligibility and a Liability and Publicity Release drafted by Sponsor to be eligible for the Prize or an alternate winner will be selected. Winners may be required in Sponsor’s sole discretion to complete relevant tax forms as a condition to the delivery of the applicable prize. Winner may also be required to furnish proof of identity, address and birth date in order to receive a Prize.
Unless prohibited by applicable law, your acceptance of a Prize [constitutes your permission to use your name, photograph, likeness, voice, address (city and state) and testimonials in all media, in perpetuity, in any manner Sponsor deems appropriate for publicity purposes without any compensation to such entrant or any review or approval rights, notifications, or permissions; and constitutes your consent to disclose your personally identifiable information to third parties (including, without limitation, placing the winner’s name on a winner’s list).

An entrant or winner may be disqualified from the Sweepstakes if he or she fails to comply with each provision of these Official Rules, as determined in the sole discretion of the Sponsor. Participation in the Sweepstakes is at entrant’s own risk. Sponsor shall not be liable for: (1) failed, returned or misdirected notifications based on inaccurate information provided by the winner in connection with an entry; (2) entries and responses to winner notifications which are lost, late, incomplete, illegible, unintelligible, postage-due, misdirected, damaged or otherwise not received by the intended recipient in whole or in part or for computer or technical error of any kind; (3) any electronic miscommunications or failures, technical hardware or software failures of any kind, lost or unavailable network connections, or failed incomplete, garbled or delayed computer transmissions which may limit an entrant's ability to participate in the Sweepstakes; (4) any technical malfunctions of the telephone network, computer on-line system, computer equipment, software, program malfunctions or other failures, delayed computer transactions or network connections that are human, mechanical or technical in nature, or any combination thereof, including any injury or damage to entrant's or any other person's computer or mobile device related to or resulting from downloading the App or otherwise in connection with this Sweepstakes; or (5) any warranty with respect to any Prize or any component thereof. THE PRIZES ARE AWARDED “AS IS” AND SPONSOR DOES NOT MAKE ANY, AND HEREBY DISCLAIMS ANY AND ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE PRIZES.
NOTWITHSTANDING ANYTHING ELSE HEREIN OR OTHERWISE, SPONSOR AND/OR ITS VENDORS SHALL NOT BE LIABLE OR OBLIGATED WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR (A) ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, GOODWILL, OR ANTICIPATED PROFITS), (B) DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, AND/OR (C) ANY MATTER BEYOND SUCH PARTIES’ REASONABLE CONTROL.
By entering the Sweepstakes, you agree to and hereby do release and hold harmless Sponsor, [DietBet] and their respective parents, subsidiaries and affiliated entities, directors, officers, employees, attorneys, agents, and representatives from any damage, injury, death, loss, claim, action, demand, or other liability (collectively, “Claims”) that may arise from your acceptance, possession and/or use of any Prize or your participation in this Sweepstakes, or from any misuse or malfunction of any Prize awarded, regardless of whether such Claims, or knowledge of the facts constituting such Claims, exist at the time of entry or arise at any time thereafter. Any person attempting to defraud or in any way tamper with this Sweepstakes may be prosecuted to the full extent of the law. Sponsor reserves the right to modify these Official Rules in any way or at any time. Sponsor reserves the right, in its sole discretion, to cancel or suspend this Sweepstakes should viruses, bugs or other causes beyond their control corrupt the administration, security or proper operation of the Sweepstakes. In the event of cancellation or suspension, Sponsor shall promptly post a notice on Sponsor’s website to such effect. This Sweepstakes shall be governed by New York law, without regard to conflicts of laws provisions. By participating in this Sweepstakes, you agree that any dispute or litigation arising from or relating to this Sweepstakes shall be determined by binding arbitration only in San Francisco, Calfornia, by and under the Streamlined Arbitration Rules and Procedures of JAMS, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Notwithstanding the foregoing, Sponsor may seek equitable relief in any court of competent jurisdiction. If any provision of these rules is held to be illegal or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary so that these rules otherwise remain in full force and effect and enforceable.