Last Updated: Current Date (as rewriting)
Welcome to the websites www.thebettyrocker.com and www.makefatcrychallenge.com, along with all associated pages and subdomains (like members.thebettyrocker.com). These sites, and all products and services offered, are operated by The Betty Rocker Inc. (“The Betty Rocker,” “Company,” “we,” “us,” or “our”).
These Terms of Service (“Terms”) are crucial as they outline your relationship with us and govern your use of www.thebettyrocker.com, www.makefatcrychallenge.com, and all Betty Rocker products and services. These Terms also apply to any future websites, widgets, mobile apps, and platforms we may create (collectively, the “Site”).
Please take the time to read these Terms carefully. You may print a copy for your records. We may update these Terms occasionally, as detailed in Section 18. Changes will be posted here and may be communicated through our usual contact methods, but they are effective from the date of posting on our Site.
1. Legal Agreement
These Terms form a legal agreement between you and The Betty Rocker. They contain important information about your legal rights, remedies, and obligations. By accessing, browsing, or using the Site, you acknowledge that you have: (i) read, understood, and agree to be legally bound by these Terms; (ii) agreed to comply with all relevant laws and regulations regarding your Site use; and (iii) confirmed that you are an adult with the legal capacity to enter contracts in your jurisdiction.
Your access to our Site is contingent upon your agreement to these Terms, including our Privacy Policy and our arbitration agreement for individual disputes. We both agree to waive the right to class actions or jury trials, except for actions to prevent intellectual property infringement, which may be brought in court.
Use of the Site in any way not explicitly permitted by these Terms and our Privacy Policy is prohibited.
IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE OUR SITE AND SHOULD IMMEDIATELY DISCONTINUE ANY ACTIVITY ON IT. BY ACCESSING THE SITE, YOU ARE AGREEING TO THESE TERMS, OUR PRIVACY POLICY, AND ANY UPDATES OR REVISIONS THERETO.
2. Definitions
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“The Betty Rocker,” “Company,” “we,” “us,” or “our” refers to The Betty Rocker Inc., including its trustees, officers, directors, shareholders, employees, attorneys, agents (past and present), and related individuals or entities.
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“Service” or “Services” encompasses the Site and all products or services offered by us, as described in these Terms, whether through our websites, social networks, mobile applications, or other means.
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“Content” includes all materials and information available on the Site.
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“Lifetime”: If you have “Lifetime” access to a program, it means you can use it as long as The Betty Rocker continues to make that specific program available.
3. Age Requirement: 18 Years or Older
You must be at least eighteen (18) years old to use our Site. The Site is not designed for children under 13, and we do not knowingly collect their information. If you are under 13, do not submit personal information to us. If we discover you are under 13, we will immediately terminate your account, notify you, and delete your Content. Parents who become aware of their child submitting personally identifiable information (“PII”) should contact us immediately at [email protected] or The Betty Rocker Inc, 301 West Platt St STE A #23. Tampa, FL 33606.
4. Physical Exercise and Inherent Risks
This Site is designed for healthy adults only. It is not intended for minors, pregnant women, or individuals with pre-existing health conditions. These individuals are strongly advised to seek professional medical advice before starting any weight loss or exercise program.
Using this Site means you understand that physical exercise can be strenuous and carries the risk of serious injury. As with all fitness programs, we strongly recommend a physical examination by a doctor before starting any exercise activity.
You acknowledge and accept all risks associated with using our Site, including physical, mental, or emotional injury, minor or severe harm, death, or illness, arising from any source, including our advice or recommendations. By using our Site, you voluntarily assume these risks, even those not explicitly listed. You agree that participating in exercise or training activities is done entirely at your own risk.
5. No Medical Advice Provided
The Betty Rocker Site offers health, wellness, fitness, exercise, and nutrition information for educational purposes only. This information is not intended as medical or healthcare advice and should not be used for self-diagnosis. We do not employ dietitians or healthcare professionals. Do not use our Site as a substitute for professional medical advice, diagnosis, or treatment. Always consult with a physician or healthcare provider for any health concerns or questions. Never disregard or delay seeking medical advice because of something you read on this Site.
The Betty Rocker makes no guarantees about weight loss, muscle gain, or specific health benefits from using our Site. Individual results vary. Fitness and nutrition research is constantly evolving, and opinions may differ; therefore, we cannot guarantee the information on our Site is always up-to-date, accurate, or complete.
Use of any information on this Site is solely at your own risk.
6. Restrictions on Site Use
You may access, browse, and use the Site and its Content for personal, non-commercial purposes only. If you post content or submit materials (including comments, blog entries, photos, videos) to us via the Site, social media, or email, you confirm: (i) you own the material or have permission from the owner; and (ii) you are thirteen years or older. By submitting material, including photos, you grant us and our authorized parties a royalty-free, perpetual, irrevocable, non-exclusive, worldwide license to use, copy, modify, transmit, sell, create derivative works from, distribute, and publicly display such material on our website and elsewhere, in any medium, for any purpose. This includes the right to exploit any proprietary rights in your submissions, such as copyright, trademark, or patent rights. You also grant us the right to identify you as the author of your submissions, as we deem appropriate.
You acknowledge that any original contributions you create for us, including social media posts, are considered “works made for hire” under U.S. Copyright Law. The copyrights to these works belong to The Betty Rocker from creation. We are deemed the author and owner, with rights to exploit the results in any media, worldwide, in perpetuity. If any submissions are not legally considered “works made for hire,” you irrevocably assign to The Betty Rocker all proprietary rights, including copyrights and trademarks, in every medium, worldwide and perpetually. Reproductions of your prior works posted on the site are co-owned by us.
We have the right, but not the obligation, to use and display any postings or contributions and may choose to remove them at any time, for any reason. You can access some parts of the Site without purchase or account creation. However, certain Content requires an account or purchase. When creating an account or providing user information, you must provide complete, truthful, and accurate details. You are responsible for maintaining the confidentiality of your username, password, and account information, and for all activities under your account. Notify us immediately of any unauthorized account use or security breaches at [email protected] or The Betty Rocker Inc, 301 West Platt St STE A #23, Tampa, FL 33606.
If you use the Site on mobile devices, your carrier’s standard rates apply. We are not liable for losses due to your failure to protect your password or account information.
Your Site use is subject to all posted rules and policies, which are incorporated into these Terms. We may offer other content or services with different terms.
7. Your Privacy Matters
To access certain Site features, we may ask for demographic information like gender, birth year, zip code, and country. For features like chat rooms or forums, you may need to register and provide personally identifiable information, such as name and email. You agree to provide accurate, current, and complete information as prompted by the Site’s registration form. If we suspect your information is untrue, inaccurate, or incomplete, we can suspend or terminate your account and refuse future Site use. Our use of your personal information is governed by our Privacy Policy.
We value your privacy. Our Privacy Policy, available [link to Privacy Policy here], is part of these Terms and explains how we collect, use, and protect your personal information. By agreeing to these Terms, you also consent to our data practices as described in the Privacy Policy.
8. Intellectual Property Ownership
The Betty Rocker owns or licenses all Content and related intellectual property rights (“IP”), including copyrights, moral rights, trademarks, and patents. Our Content includes features, functions, services, software, algorithms, designs, code, data, art, graphics, animation, photos, images, text, music, sound effects, downloadable materials, the Site’s look and feel, layout, organization, and user interface.
All trademarks, trade names, logos, and service marks (the “Marks”) related to our IP are our exclusive property. The Site, Services, and Content are protected by copyright, trademark, and other laws in the United States and other countries. Unauthorized use of any Marks is strictly prohibited. Third-party trademarks on the Site are the property of their respective owners.
You do not gain any ownership of the IP or Marks by using the Site. You may not reproduce, copy, modify, distribute, transmit, display, perform, publish, or exploit any of our IP or Marks without explicit permission. The Site and its materials are for your personal, non-commercial use only. You must not use the Site in a way that infringes our rights. Unless expressly allowed in these Terms or by the material owner, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute any material from the Site in any manner. You may download or print one copy of Site pages for personal, non-commercial use, keeping all copyright notices intact.
You can create a hyperlink to our Site if it doesn’t suggest our endorsement of your site. However, you cannot frame or inline link Site content or incorporate our material into another website without our written permission.
We may use technology to prevent unauthorized Site use. You agree not to bypass or attempt to bypass these measures. Any circumvention or unauthorized use will result in immediate termination of your rights to our products and Services under these Terms.
The Digital Millennium Copyright Act (“DMCA”) offers recourse for copyright holders who believe their rights are infringed online. If you believe material hosted by The Betty Rocker infringes your copyright, you or your agent can send us a notice to remove or block the material. Notices that don’t comply with DMCA requirements are not considered sufficient. If you believe a copyright infringement notice was wrongly filed against you, the DMCA allows you to send a counter-notice. All notices must meet current DMCA statutory requirements; see http://www.loc.gov/copyright for details. Our Copyright Agent for notice is [email protected].
Copyright infringement claims must include:
- A physical or electronic signature of the copyright owner or authorized agent.
- Identification of the copyrighted work claimed to be infringed.
- Identification of the infringing material’s location on the Site.
- Your contact information: address, phone, email.
- A statement that you believe the use is not authorized by the copyright owner or law.
- A statement, under penalty of perjury, that your notice information is accurate and you are the copyright owner or authorized agent.
9. Responsible Site Usage
The Site may feature communication services like bulletin boards, chat areas, forums, and communities (“Communication Services”). You agree to use these services only for appropriate and related communications. Your Site use must be for private and personal purposes. You warrant that you will not engage in activities leading to civil or criminal liability.
We are not responsible for messages, information, or files provided by users through the Site. As a condition of your use, you agree not to:
- Restrict or prevent others from using and enjoying the Site.
- Impersonate anyone or misrepresent your affiliation.
- Interfere with Site servers or networks or violate network policies.
- Use the Site to encourage illegal activities or harm.
- Gain unauthorized Site access through hacking or other means.
- Obtain materials or information not intentionally made available.
- Post unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, or indecent content.
- Post content that infringes others’ rights, including privacy, publicity, copyright, trademark, or other proprietary rights.
- Post material containing viruses or harmful components.
- Use the Site for commercial purposes or advertising without our written permission.
- Solicit users to buy or sell products or services or make donations without our approval.
- Collect email addresses or personal information of other users for marketing.
The Betty Rocker may host forums and chats on its Sites and other platforms. Users violating these Terms may be denied future access to these forums. We may remove or modify user content at any time for any reason. Forums are for user discussions. Information posted may be from Company staff, contributors, or other users, some anonymous. We disclaim responsibility for opinions, advice, or information in these forums by third parties and are not liable for errors or omissions or embedded hyperlinks. We are not liable for losses from reliance on forum information. Opinions in forums are solely those of the participants and not The Betty Rocker’s.
We are not obligated to monitor content in forums but have the right to do so. We can alter, edit, refuse to post, or remove content for any reason and disclose materials to comply with law, legal process, or governmental requests, and to protect ourselves, clients, sponsors, users, and visitors.
10. Payment for Content
Some Content on our Site requires purchase, such as meal plans or workout programs. Details are available throughout the Site for purchasing products, features, or services.
Product/Service Pricing: All prices on our website are in U.S. Dollars. International customers will be billed in their local currency at the USD equivalent based on the exchange rate at billing time. Currency conversion rates are outside our control and may fluctuate.
Promotional offers are one-time use per customer and cannot be combined with other promotions, including existing promotional pricing like Subscribe and Save.
We may change our fees and billing methods at any time, effective immediately upon posting on the pricing page, in these Terms, or elsewhere on the Site.
Refund policies are provided with purchased plans, programs, or content. Refunds are only provided as stated in the applicable refund policy.
Cancellation of Recurring Charges: For programs with recurring monthly charges, you can cancel future billing and program participation by contacting us at [email protected]. Your cancellation will be effective for the next billing cycle.
11. Third-Party Websites
The Site may link to third-party websites. Clicking these links will take you away from our Site.
These third-party sites are not under our control, and we are not responsible for their content or operation. Links to these sites do not imply our approval, warranty, or endorsement of them or their operators, and we accept no related responsibility or liability. Use your own judgment when using these websites. When you link to them, you are subject to their terms of use and privacy policies, which you should review carefully. Our Terms and Privacy Policy do not apply to these external websites.
You release us from all liability arising from your use of third-party websites, services, or content. We are not responsible for any loss or damage from your dealings with third-party websites and their providers.
12. Credit Card Processing
Payments for our Services are processed by a secure third-party software. This third party handles credit card payment processing and storage of credit card information for the Site. You release us from all liability related to the credit card processor’s handling of your credit card information.
13. Geographic Scope of the Site
We manage and operate the Site from Tampa, Florida, USA. It is accessible globally, but some features may not be available or appropriate for use outside the United States or in all locations. We do not represent that the Site or its Content and Services are suitable or authorized for use in all countries. Accessing and using the Site may be illegal in your jurisdiction. If you access or use the Site, you do so at your own risk and are responsible for complying with all applicable laws. We reserve the right to limit Site features to any person or geographic area at our discretion. Offers for features on the Site are void where prohibited.
14. Limitation of Liability
AS A USER, YOU AGREE THAT YOUR ONLY RECOURSE FOR ISSUES WITH THE SITE IS TO CANCEL YOUR ACCOUNT AND STOP USING THE SITE.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE BETTY ROCKER, ITS AFFILIATES, AND PARENT COMPANIES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATED TO YOUR SITE USE OR INABILITY TO USE THE SITE, UNDER ANY LEGAL THEORY. THIS INCLUDES DAMAGES FROM RELIANCE ON SITE INFORMATION, SITE INTERRUPTIONS, ERRORS, DEFECTS, DATA LOSS, DELAYS, OR ANY OTHER PERFORMANCE FAILURE, OR FOR ANY CONTENT, SOFTWARE, PRODUCTS, OR SERVICES OBTAINED THROUGH THE SITE, EVEN IF WE WERE ADVISED OF POTENTIAL DAMAGES.
YOU SPECIFICALLY ACKNOWLEDGE THAT WE ARE NOT LIABLE FOR DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT BY ANY USER.
THIS SITE IS CONTINUOUSLY DEVELOPING, AND THE BETTY ROCKER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING ITS ACCURACY, COMPLETENESS, OR SUITABILITY FOR ANY PURPOSE.
IN NO EVENT WILL THE BETTY ROCKER’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE GREATER OF (1) US $500 OR (2) THE AMOUNT YOU PAID TO US FOR SITE USE IN THE THREE MONTHS BEFORE YOUR CLAIM.
Some jurisdictions do not allow disclaimers of implied warranties or limitations on certain damages, so some of these disclaimers may not apply to you. These Terms do not limit The Betty Rocker’s liability for death, personal injury, fraud, gross negligence, or willful misconduct where prohibited by law.
If any part of this liability limitation is unenforceable, the rest remains valid to the fullest extent permitted by law.
15. Complaint Procedure
If you believe your rights, or third-party rights, are violated by Site content, including copyright infringement, please contact us at [email protected] or The Betty Rocker Inc, 301 West Platt St STE A #23, Tampa, FL 33606.
16. Statute of Limitations
You and The Betty Rocker agree that any claim related to the Site, Content, Services, Terms, or Privacy Policy must be filed within one (1) year after the claim arises, or it will be permanently barred, regardless of any contrary statute or law.
17. Assignment
You agree that we can assign our rights and delegate our obligations under these Terms. You cannot transfer or assign your rights and obligations without our written consent.
18. Modifications
We can modify these Terms or any Site policies at any time. Revisions are effective upon posting on the Site or distribution by email, whichever is earlier. Check this page regularly for updates and the “Last Updated” date at the top of these Terms. Continuing to use the Site after revisions means you accept them. You waive any claims against us for these changes or any incidental failures.
19. Termination
You can stop using our Site at any time without notice. We may change or discontinue the Site and its features, or terminate or suspend your Site access at any time, without notice or liability, for any reason, including Terms violations. We may immediately terminate accounts flagged for repeated infringement of Marks or violation of laws, Terms, or Privacy Policy.
Upon termination, your right to use the Site and Content ceases immediately. Provisions of these Terms that should survive termination, including ownership, disclaimers, liability limits, and dispute resolution, will remain in effect. Termination does not relieve you of obligations accrued before termination or limit any liabilities.
After account termination or content deletion, caching or copies of Content may not be immediately removed and may persist in backups for a reasonable time. You release and indemnify us from claims related to retention of deleted Content.
20. Indemnification
You agree to indemnify and hold harmless The Betty Rocker and its employees, contractors, agents, advisors, members, officers, and directors from all claims, damages, losses, liabilities, costs, and expenses (including attorney’s fees) arising from: (i) your Site use; (ii) your violation of these Terms or Privacy Policy; (iii) your infringement of third-party rights; (iv) your violation of laws; (v) claims related to your Content; and (vi) access and use of the Site with your account credentials.
We have the right to control the legal defense against any claims, including selecting counsel and settling claims.
21. Released Parties
To the maximum extent permitted by law, you release The Betty Rocker and its affiliates, trustees, directors, officers, employees, representatives, consultants, attorneys, agents, suppliers, distributors, licensees, and licensors from all responsibility, liability, claims, demands, and damages (actual and consequential) of every kind, known and unknown, arising from: (i) user disputes; (ii) third-party sites and content; (iii) disputes regarding your account use; and (iv) unauthorized access to data or Content in your account. You waive California Civil Code § 1542 (or equivalent in your jurisdiction), regarding unknown claims at the time of release.
You waive all benefits and rights under any statute or common law principle that might limit this release. You agree not to file lawsuits inconsistent with this release.
22. Governing Law
These Terms are governed by the laws of the United States and the State of Florida, without regard to conflict of laws principles. You agree that: (i) the Site is based solely in Florida; and (ii) the Site is passive and does not establish personal jurisdiction over us outside Florida.
23. Dispute Resolution
Any dispute related to the Site, Privacy Policy, or these Terms will be resolved by binding arbitration in Tampa, Florida, before one arbitrator, administered by JAMS according to its rules (https://www.jamsadr.com/adr-rules-procedures).
You and we waive the right to bring class action claims, except for actions in small claims court if eligible. If the class action waiver is unenforceable, the entire arbitration agreement is void.
You can opt-out of arbitration and the class action waiver within 15 days of first Site access by sending a written request to The Betty Rocker Inc, 301 West Platt St STE A #23, Tampa, FL 33606, including your name, IP address(es), email, mailing address, and opt-out request. Proof of postmark within 15 days is required for opt-out to be effective.
24. Alternative Jurisdiction
If arbitration or the class action waiver is invalid, you consent to the exclusive jurisdiction of federal and state courts in Tampa, Florida, and waive any objection to venue in Tampa.
25. Waiver
Our failure to enforce any right or provision of these Terms is not a waiver of that right or provision unless in writing.
26. Severability
If any part of these Terms is invalid, the rest remains in effect. The invalid provision will be replaced with a valid provision that closely matches the original intent.
27. Entire Agreement
These Terms, including our Privacy Policy and all other Site notices and disclaimers, constitute the entire agreement between you and us, superseding all prior communications. Any rights not expressly granted are reserved to us. These Terms prevail if there are conflicts with other Site documents.
28. Electronic Record Keeping
Printed versions of these Terms and electronic notices are admissible in legal proceedings related to these Terms, to the same extent as printed business documents.
29. Miscellaneous
- No party is deemed the drafter for interpretation purposes.
- These Terms are fully assignable by us and bind our successors.
- There are no third-party beneficiaries except as expressly stated.
- Headings are for convenience only.
- We can terminate these Terms at any time with notice.
- “Include” means “include without limitation.”
- These Terms do not create a partnership, joint venture, employment, agency, or franchise relationship. Your Site use is for personal enjoyment, and Site provision is the sole consideration for your contributions.
30. Questions?
Contact us at [email protected] or The Betty Rocker Inc, 301 West Platt St STE A #23 Tampa, FL 33606 for any questions about the Site or these Terms.
