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Terms of Service

Terms of Service

Updated July 2023

 

An Introduction to Bottlelife’s Terms of Service

Welcome to Bottlelife! Here is a quick summary of the highlights of our Terms of Service:

  •         Our mission is to do good and make a difference. The Bottlelife platform is a wellness community which offers a place to share intimate personal experiences, help others on their journeys, and connect with people who contribute unique insights and quality answers. This empowers people to learn from each other and become more productive.
  •         Zero tolerance for aggression, antagonism, hate speech, etc.  Bottlelife is a SAFE place for its community to share and grow. User content containing aggression, hate speech or antagonizing language will be prevented from posting and/or responding to community members (and will have their content removed from the site).Any user who posts content which can be considered as hateful, antisemitic, racist, anti-LGBTQ, polarizing, or political will be suspended and potentially permanently removed from the community subject to the severity of the actions.
  •         You own the content that you post; you also grant us and other users of the Bottlelife platform certain rights and licenses to use it. The details of these licenses are described in section 3(c) below.
  •         You are responsible for the content that you post. This includes ensuring that you have the rights needed for you to post that content and that your content does not violate the legal rights of another party or any applicable laws.
  •         You can repost a small portion of any answer or post posted on Bottlelife elsewhere; however, you must attribute such content back to the Bottlelife platform and respect the rights of the original poster, including any “not for reproduction” designation, and do not use automated tools.
  •         We neither endorse nor verify content posted by users. Our content and materials are provided to you “as is,” without any guarantees. You are solely responsible for your own use of the Bottlelife platform. Posts from lawyers, doctors, and other professionals should not be treated as a substitute for professional advice for your specific situation.
  •         You agree to follow the rules of our platform. When you use the Bottlelife platform, you also agree to our Terms of Service, accept our
  •         You agree to alternative dispute resolution. You agree to attempt initially to resolve matters cooperatively with us and, if that fails, to use individual arbitration, except in limited situations.
  •         We offer tools for you to give feedback and report complaints. If you think someone has violated your intellectual property rights, other laws, or Bottlelife’s policies, you can initiate a report at info@bottlelife.com

 

Using the Bottlelife Platform

  1.     Who Can Use It. Use of the Bottlelife Platform by anyone under 13 years of age is prohibited. You represent that you are at least the age of majority in the jurisdiction where you live or, if you are not, your parent or legal guardian must consent to these Terms of Service and affirm that they accept this Agreement on your behalf and bear responsibility for your use. If you are accepting these Terms of Service on behalf of someone else or an entity, you confirm that you have the legal authority to bind that person or entity to this Agreement.
  2.   Registration. When you set up a profile on the Bottlelife Platform, you will be asked to provide certain information about yourself. You agree to provide us accurate information when you create your account on the Bottlelife Platform. We will treat information you provide as part of registration in accordance with our Privacy Policy. You should take care in maintaining the confidentiality of your password.
  3.     Privacy Policy. Our privacy practices are set forth in our Privacy Policy. By use of the Bottlelife Platform, you agree to accept our Privacy Policy, regardless of whether you are a registered user.
  4.   Acceptable Use Policy. In your interaction with others on the Bottlelife Platform, you agree to follow the Acceptable Use Policy at all times.
  5.     Termination. You may close your account at any time by going to account settings and disabling your account. We may terminate or suspend your Bottlelife account if you violate any Bottlelife policy or for any other reason.
  6.     Changes to the Bottlelife Platform. We are always trying to improve your experience on the Bottlelife Platform. We may need to add or change features and may do so without notice to you.
  7.   Feedback. We welcome your feedback and suggestions about how to improve the Bottlelife Platform. Feel free to submit feedback at bottlelife.com/contact. By submitting feedback, you agree to grant us the right, at our discretion, to use, disclose and otherwise exploit the feedback, in whole or part, freely and without compensation to you.

 

  1. ED UNDER APPLICABLE LAW.
  2.     WE ARE PROVIDING YOU THE BOTTLELIFE PLATFORM, ALONG WITH OUR CONTENT AND MATERIALS AND THE OPPORTUNITY TO CONNECT WITH OTHERS, ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, BOTTLELIFE ENTITIES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, TITLE, ACCURACY AND COMPLETENESS, UNINTERRUPTED OR ERROR-FREE SERVICE, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR TRADE USAGE.
  3.   BOTTLELIFE MAKES NO PROMISES WITH RESPECT TO, AND EXPRESSLY DISCLAIMS ALL LIABILITY FOR: (i) CONTENT POSTED BY ANY USER OR THIRD PARTY; (ii) ANY THIRD-PARTY WEBSITE, THIRD-PARTY PRODUCT, OR THIRD-PARTY SERVICE LISTED ON OR ACCESSIBLE TO YOU THROUGH THE BOTTLELIFE PLATFORM, INCLUDING AN INTEGRATED SERVICE PROVIDER OR PROFESSIONAL CONTRIBUTOR; (iii) THE QUALITY OR CONDUCT OF ANY THIRD PARTY YOU ENCOUNTER IN CONNECTION WITH YOUR USE OF THE BOTTLELIFE PLATFORM; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR CONTENT. BOTTLELIFE MAKES NO WARRANTY THAT: (a) THE BOTTLELIFE PLATFORM WILL MEET YOUR REQUIREMENTS; (b) THE BOTTLELIFE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (c) THE RESULTS OR INFORMATION THAT YOU MAY OBTAIN FROM THE USE OF THE BOTTLELIFE PLATFORM, A PROFESSIONAL CONTRIBUTOR, OR ANY OTHER USER WILL BE ACCURATE OR RELIABLE; OR (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED OR PURCHASED BY YOU THROUGH THE BOTTLELIFE PLATFORM WILL BE SATISFACTORY.
  4.     YOU AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW, BOTTLELIFE ENTITIES WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY. WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, BOTTLELIFE ENTITIES SPECIFICALLY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, LOSS OF PROFITS, BUSINESS INTERRUPTION, REPUTATIONAL HARM, OR LOSS OF DATA (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE) ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF, OR INABILITY TO USE, THE BOTTLELIFE PLATFORM.
  5.   YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE BOTTLELIFE PLATFORM IS TO STOP USING THE BOTTLELIFE PLATFORM.
  6.     WITHOUT LIMITING THE FOREGOING, BOTTLELIFE’S MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE BOTTLELIFE PLATFORM OR THIS AGREEMENT IS LIMITED TO THE AMOUNT PAID TO BOTTLELIFE IN CONNECTION WITH THE BOTTLELIFE PLATFORM IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY.
  7.     SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. AS A RESULT, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART, AND THE FOREGOING SECTIONS 8(c), 8(d), AND 8(e) WILL NOT APPLY TO A RESIDENT OF NEW JERSEY, TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF BOTTLELIFE’S NEGLIGENT, FRAUDULENT, RECKLESS, OR INTENTIONAL MISCONDUCT.
  8.   Indemnification 

    You agree to release, indemnify, and defend Bottlelife Entities from all third-party claims and costs (including reasonable attorneys’ fees) arising out of or related to: i) your use of the Bottlelife Platform, ii) your Content, iii) your conduct or interactions with other users of the Bottlelife Platform, or iv) your breach of any part of this Agreement. We will promptly notify you of any such claim and will provide you (at your expense) with reasonable assistance in defending the claim. You will allow us to participate in the defense and will not settle any such claim without our prior written consent. We reserve the right, at our own expense, to assume the exclusive defense of any matter otherwise subject to indemnification by you. In that event, you will have no further obligation to defend us in that matter.

  9.   Legal Disputes and Arbitration Agreement for users in the United States and Canada 

    Please Read the Following Clause Carefully – It May Significantly Affect Your Legal Rights, Including Your Right to File a Lawsuit in Court

  10.     Initial Dispute Resolution. We are available by email at info@bottlelife.com and by regular post at Bottlelife, Inc., 605 Castro Street, Mountain View, CA 94041 to address any concerns you may have regarding your use of the Bottlelife Platform. Most concerns may be quickly resolved in this manner. The parties agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations with us, before initiating a lawsuit or arbitration.
  11.   Agreement to Binding Arbitration. If an agreed upon solution is not reached through informal dispute resolution as outlined above within a period of thirty (30) days pursuant to the initial dispute resolution procedure provided in Section 10(a) above, then either party may initiate binding arbitration to formally resolve claims, subject to the terms and exclusion set forth below. All claims arising out of or relating to these Terms of Service (including their formation, performance, and breach), the parties’ relationship with each other, and/or your use of the Bottlelife Platform will be finally settled by binding arbitration administered by AAA, in accordance with the AAA Consumer Arbitration Rules, excluding any rules or procedures governing or permitting class actions. Each party will have the right to use legal counsel in connection with arbitration at its own expense. The parties will select a single neutral arbitrator in accordance with the AAA Consumer Arbitration Rules. The arbitrator, and not any federal, state or local court or agency, will have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms of Service, including, but not limited to, any claim that all or any part of these Terms of Service is void or voidable. Either party may elect to appear at the arbitration by phone or, if mutually agreed, to conduct it online, in lieu of appearing live. The arbitrator will be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award will be in writing and provide a statement of the essential findings and conclusions, will be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of these Terms of Service will be subject to the Federal Arbitration Act.
  12.     Rules. The AAA rules governing the arbitration may be accessed at https://www.adr.org/. Each party will be responsible for its arbitration fees as set forth in the AAA Consumer Arbitration Rules. You will not be required to pay fees and costs incurred by us if you do not prevail in arbitration. The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that the right to discovery may be more limited in arbitration than in court.
  13.   Class Action and Class Arbitration Waiver. The parties each further agree that any arbitration will be conducted in our respective individual capacities only and not as a class action or other representative action, and each expressly waives its respective right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above in Section 10(b) will be deemed null and void in its entirety and the parties will be deemed to have not agreed to arbitrate disputes.
  14.     Exception: Small Claims Court Claims. Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction and on an individual (non-class) basis only.
  15.     Exception: Intellectual Property and Content Claims. Notwithstanding the parties’ agreement to resolve all disputes through arbitration, this binding arbitration section does not apply to disputes relating to either party’s intellectual property rights (trademark, copyright, patent, and trade secret) or violations of Bottlelife’s Acceptable Use Policy. For further clarification, disputes relating to your privacy rights are not excepted from this binding arbitration section.
  16.   30 Day Right to Opt-Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in Sections 10(b) and 10(c) by sending written notice of your decision to opt-out by emailing us at info@bottlelife.com. The notice must be sent within thirty (30) days of registering to use the Bottlelife Platform, otherwise you will be bound to arbitrate disputes in accordance with the terms of those sections. If you opt out of these arbitration provisions, we also will not be bound by them.
  17.   Exclusive Venue for Litigation. To the extent that the arbitration provisions set forth in Section 10(b) do not apply, or if you have opted out of arbitration, the parties agree that any litigation between them must be filed exclusively in state or federal courts located in Santa Clara County, California (except for small claims court actions which may be brought in the county where you reside). The parties expressly consent to exclusive jurisdiction in Santa Clara County, California for any litigation other than small claims court actions. In the event of litigation relating to these Terms of Service, the parties agree to waive, to the maximum extent permitted by law, any right to a jury trial, except where a jury trial waiver is not permissible under applicable law.
  18.   General Terms
  19.     Changes to these Terms of Service. We may amend this Agreement (including any policies, such as the Privacy Policy, Acceptable Use Policy, Copyright Policy, and Trademark Policy that are incorporated into this Agreement) at any time, in our sole discretion. If we amend material terms to this Agreement, such amendment will be effective after we send you notice of the amended agreement. Such notice will be in our sole discretion, and the manner of notification could include, for example, via email, posted notice on the Bottlelife Platform, or other manner. Your failure to cancel your account, or cease use of the Bottlelife Platform, after receiving notification of the amendment, will constitute your acceptance of the amended terms. If you do not agree to the amendments or to any of the terms in this Agreement, your only remedy is to cancel your account or to cease use of the Bottlelife Platform.
  20.   Use Outside of the United States. Bottlelife expressly disclaims any representation or warranty that the Bottlelife Platform complies with all applicable laws and regulations outside of the United States. If you use the Bottlelife Platform outside of the United States, you expressly understand and agree that you are responsible for determining compliance with different laws, regulations, or customs that may apply in connection with your use of the Bottlelife Platform.
  21.     Export. The Bottlelife Platform is controlled and operated from our United States offices in California. Bottlelife software is subject to United States export controls. No software for Bottlelife may be downloaded or otherwise exported or re-exported in violation of any applicable laws or regulations. You represent that you are not (1) located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country, and (2) listed on any U.S. government list of prohibited or restricted parties.
  22.   Applications and Mobile Devices. If you access the Bottlelife Platform through a Bottlelife application, you acknowledge that this Agreement is between you and Bottlelife only, and not with another application service provider or application platform provider (such as Apple Inc. or Google Inc.), which may provide you the application subject to its own terms. To the extent you access the Bottlelife Platform through a mobile device, your wireless carrier’s standard charges, data rates, and other fees may apply.
  23.     Survival. The following provisions will survive expiration or termination of this Agreement: Section 2(e)(Termination), 2(g)(Feedback), Section 3(Your Content), Section 4(a)-(b) and (d)-(f)(Our Content and Materials), Section 8 (Disclaimers and Limitation of Liability), Section 9 (Indemnification), Sections 10 (Legal Disputes and Arbitration Agreement), and Section 11 (General Terms).
  24.     Notice for California Users. Under California Civil Code Section 1789.3, California web users are entitled to the following specific consumer rights notice: The Bottlelife Platform is provided by Bottlelife, Inc., located in Mountain View, California. If you have a question or complaint regarding the Bottlelife Platform, please contact Bottlelife at . California residents may reach the Department of Consumer Affairs Consumer Information Division at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
  25.   Government End Users. Any Bottlelife software and related documentation are “Commercial Items,” as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202 (as applicable). Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4 (as applicable), the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. government end users: (i) only as Commercial Items; and (ii) with only those rights as are granted to all other end users pursuant to this Agreement.
  26.   Assignment. You may not assign or transfer this Agreement (or any of your rights or obligations under this Agreement) without our prior written consent; any attempted assignment or transfer without complying with the foregoing will be void. We may freely assign or transfer this Agreement. This Agreement inures to the benefit of and is binding upon the parties and their respective legal representatives, successors, and assigns.
  27.     Electronic Communications. You consent to receive communications from us by email in accordance with this Agreement and applicable law. You acknowledge and agree that all agreements, notices, disclosures and other communications that we provide to you electronically will satisfy any legal requirement that such communications be in writing.
  28.     Entire Agreement/ Severability. This Agreement supersedes all prior terms, agreements, discussions and writings regarding the Bottlelife Platform and constitutes the entire agreement between you and us regarding the Bottlelife Platform (except as to services that require separate written agreement with us, in addition to this Agreement). If any provision in this Agreement is found to be unenforceable, then that provision will not affect the enforceability of the remaining provisions of the Agreement, which will remain in full force and effect.
  29.     Interpretation. In construing or interpreting the terms of this Agreement: (i) the headings in this Agreement are for convenience only, and are not to be considered, and (ii) no presumption is to operate in either party’s favor as a result of its counsel’s role in drafting this Agreement.
  30.     Notices. All notices permitted or required under this Agreement, unless specified otherwise in this Agreement, must be sent in writing as follows in order to be valid: (i) if to you, by us via email to the address associated with your account, and (ii) if to us, by you via info@bottlelife.com. Notices will be deemed given (a) if to you, when emailed, and (b) if to us, on receipt by us.
  31.   Relationship. This Agreement does not create a joint venture, agency, partnership, or other form of joint enterprise between you and us. Except as expressly provided herein, neither party has the right, power, or authority to create any obligation or duty, express or implied, on behalf of the other.
  32.   Waiver. No waiver of any terms will be deemed a further or continuing waiver of such term or any other term. Our failure to assert a right or provision under this Agreement will not constitute a waiver of such right or provision.
  33.   Further Assurances. You agree to execute a hard copy of this Agreement and any other documents, and to take any actions at our expense that we may request to confirm and effect the intent of this Agreement and any of your rights or obligations under this Agreement.
  34.   Contact. Feel free to contact us through with any questions about these terms. Bottlelife is a Delaware corporation, located at 605 Castro Street, Mountain View, CA 94041.