1. Overview

Btyllc.com and its affiliated Websites (collectively, the “Website”) and its affiliates (“Better Than Yesterday, LLC”, “the Company”, “we”, “our” or “us”). Access to and use of the Website is subject to these terms and conditions of use (“Terms of Use”).

• “Website” or “Better Than Yesterday, LLC” shall include any information or services made available by Better Than Yesterday, LLC, regardless of the medium, and shall include, without limitation any affiliated Websites, mobile applications, videos, products and applications we make available. We reserve the right at any time, and from time to time, to modify, suspend or discontinue (temporarily or permanently) the Website, or any part of the Website, with or without notice.
• The Website is not intended for users under 13 years of age. If you are under 13, do not use the Website and do not provide us with any personal information.
• We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

2. Disclaimer

Better Than Yesterday, LLC blog does not provide tax, investment, or financial advice. The information available through the Website is provided solely for informational purposes on an “as is” basis at user’s sole risk. The information is not meant to be, and should not be construed as advice or used for investment purposes. Better Than Yesterday, LLC makes no guarantees as to the accurateness, quality, or completeness of the information and Better Than Yesterday, LLC shall not be responsible or liable for any errors, omissions, or inaccuracies in the information or for any user’s reliance on the information. User is solely responsible for verifying the information as being appropriate for user’s personal use, including without limitation, seeking the advice of a qualified professional regarding any specific financial questions a user may have. Better Than Yesterday, LLC is not endorsed by or affiliated with FINRA or any other financial regulatory authority, agency, or association.

3. Our Right to Modify These Terms of Use

We reserve the right to change these Terms of Use at any time. You should check this page regularly. The changes will appear on the Website and will be effective when we post the changes. Your continued use of the Website means you agree to and accept the changes.

4. Our Privacy Policy

Our Privacy Policy contains further information about how data is collected, used and made available on or by our Website. We encourage you to read it, here.

5. Better Than Yesterday, LLC Intellectual Property

Your Limited License to our Intellectual Property

The materials used and displayed on the Website, including but not limited to text, software, photographs, graphics, illustrations and artwork, video, music and sound, and names, logos, trademarks and service marks, are the property of Better Than Yesterday, LLC, and are protected by copyright, and other laws. Any such content may be used solely for your personal, non-commercial use. You agree not to modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such material without the prior written permission of Better Than Yesterday, LLC. Better Than Yesterday, LLC grants you a personal, non-exclusive, non-transferable, revocable license to use the Website and any materials on the Website for non-commercial purposes subject to these Terms of Use.

Better Than Yesterday, LLC Trademarks and Logos

The terms Better Than Yesterday, LLC, and other Better Than Yesterday, LLC trademarks and services marks, and associated logos and all related names, logos, product and service names, designs and slogans are trademarks of Better Than Yesterday, LLC or its affiliates or licensors. You may not use such marks without the prior written permission of Better Than Yesterday, LLC. All other names, logos, product and service names, designs and slogans on the Website are the trademarks of their respective owners.

6. Reliance on Information on Website

We have no obligation to, and you should not expect us to, review content on our Website, including User Contributions (defined below) or contributions by our independent contributors.

About our Contributors

Better Than Yesterday, LLC seeks out content providers in particular subject matters as independent contractor contributors to the Website. Better Than Yesterday, LLC does not represent or guarantee that any contributor has achieved any particular level of expertise or knowledge or has any specific qualifications or credentials, without limitation, as to the subject matter to which their contributions relate. To the extent we refer to each of these contributors as an expert, you must understand we rely on the information they provide us and we are not obligated to independently verify or attempt to confirm any information they provide, nor their qualifications or credentials. Better Than Yesterday, LLC also is not obligated to monitor or independently research or verify any content they contribute. Contributors, even if characterized as an expert, are not employees of Better Than Yesterday, LLC or its affiliates and Better Than Yesterday, LLC cannot and does not represent or warrant the accuracy, completeness or truthfulness of the qualifications or credentials of any contributor, nor of any other users of the Website.

Please do not rely on Website content, including User Contributions and content from our independent contractor contributors. Content is provided for general information purposes only and can never take into account your unique, personal circumstances and needs. You acknowledge and agree that any reliance or actions you take in violation of your agreement with us shall be at your sole and exclusive risk and Better Than Yesterday, LLC shall have no responsibility or liability to you whatsoever. You also acknowledge and agree that communications on or through the Website, whether with content providers or other users, are at your own risk and are not covered by any privilege or confidentiality obligation that might apply if you were to obtain your own professional advice (e.g., from a financial advisor).

7. Prohibited Uses of the Website

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

• In any way that violates any applicable federal, state, local or international law or regulation.
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
• To impersonate or attempt to impersonate Better Than Yesterday, LLC, a Better Than Yesterday, LLC employee, another user or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm Better Than Yesterday, LLC or users of the Website or expose them to liability.

Additionally, you agree not to:

• “Scrape” or disaggregate data from the Website (whether by manual or automated means) for any commercial, marketing, or data compiling or enhancing purpose.
• Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
• Otherwise attempt to interfere with the proper working of the Website.

8. Content That You Make Available on the Website

User Contributions

The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website.

If you voluntarily disclose personal information (e.g., username, email address) on the Website, such as on a forum, chat room or on any other user or member-generated pages, that information can be viewed in search engines, collected and used by others and may result in unsolicited contact from other parties. We advise that you not post any personal or other sensitive information on our Website.

Any User Contribution you post to the Website will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:

• You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
• All of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.

Monitoring and Enforcement; Termination

We have the right to:

• Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
• Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the content standards below, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public or could create liability for the Company.
• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
• Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information related to anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, AGENTS, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

We cannot and do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

• Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
• Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
• Be likely to deceive any person.
• Promote any illegal activity, or advocate, promote or assist any unlawful act.
• Cause annoyance, inconvenience or needless anxiety or be likely to upset, harass, embarrass, alarm or annoy any other person.
• Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
• Promote commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
• Give the impression that they emanate from or are endorsed by us or any other person or entity, if that is not the case.

9. Your Indemnification of Us

You agree to indemnify, defend and hold harmless Better Than Yesterday, LLC, and its officers, directors, owners, employees, agents, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) from and against any and all liability and costs, including, without limitation, reasonable attorneys’ fees, incurred by the Indemnified Parties in connection with any claim arising out of (a) any User Contributions, or (b) breach by you or any user of your account or these Terms of Use or any representations, warranties and covenants contained in these Terms of Use. You shall cooperate fully and reasonably in the defense of any such claim. Better Than Yesterday, LLC reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

10. WARRANTY DISCLAIMER

THE WEBSITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPOSED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS OF USE. WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT ON THE WEBSITE. THE INFORMATION, FACTS, AND OPINIONS PROVIDED ARE NO SUBSTITUTE FOR PROFESSIONAL ADVICE.

11. LIABILITY DISCLAIMER

YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. NEITHER, BETTER THAN YESTERDAY, LLC, NOR ANY OF ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES OR LICENSORS (INCLUDING OUR INDEPENDENT CONTRACTOR CONTRIBUTORS) SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR SIMILAR DAMAGES ARISING OUT OF YOUR ACCESS OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE WEBSITE AND THE INFORMATION AVAILABLE ON THE WEBSITE OR ARISING OUT OF ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE WEBSITE. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST BETTER THAN YESTERDAY, LLC, ABOUT, INC. AND ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES AND LICENSORS (INCLUDING OUR INDEPENDENT CONTRACTOR CONTRIBUTORS) ARISING OUT OF YOUR USE OF THE WEBSITE AND THE INFORMATION AVAILABLE THEREON.

12. Third Party Links, Advertisements, Website and Content

We do not review or monitor any websites, advertisements, or other media linked to or available through the Website and are not responsible for the content of any such third-party advertisements or linked websites. Prior to purchasing any third-party products or services described on the Website, you are advised to verify pricing, product quality and other information necessary to make an informed purchase. Neither Better Than Yesterday, LLC nor its parent or any of its subsidiaries, divisions, affiliates, agents, representatives, or licensors shall have any liability arising from your purchases of third-party products or services based upon the information provided on the Website, and we shall not receive or review complaints regarding such purchases.

13. Disputes

These Terms of Use and any disputes arising out of or related to the Website shall be governed by, and construed and enforced in accordance with, the laws of the State of Nebraska (without regard to conflict of law principles). In the event of any such dispute, you irrevocably consent to exclusive jurisdiction and venue in the courts located in the State of Nebraska.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED AND YOU HEREBY AGREE TO WAIVE SUCH CAUSE OF ACTION OR CLAIM AFTER SUCH DATE.

14. Waiver and Severability

No waiver by Better Than Yesterday, LLC of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Better Than Yesterday, LLC to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

15. Entire Agreement

The Terms of Use constitute the sole and entire agreement between you and Better Than Yesterday, LLC with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Website.

16. DMCA Policy

Better Than Yesterday, LLC deals with copyright infringement in accordance with the Digital Millennium Copyright Act (DMCA). You may not post, upload, or otherwise place any content or information on the Website that belongs to a third party, unless you have the legal right to do so. If you believe in good faith that your copyrighted work has been reproduced on our Website without authorization in a way that constitutes copyright infringement, you may notify our designated copyright agent in an email to contact@btyllc.com. Please include the following:

• Your physical or electronic signature.
• Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
• Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material, such as the precise URL (web page) that it appeared on, along with any copies you have of that web page.
• Adequate information by which we can contact you (including your name, postal address, telephone number and email address).
• A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
• A statement, under penalty of perjury, that the information in the written notice is accurate and that you are authorized to act on behalf of the copyright owner.
• Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees).
• It is the policy of Better Than Yesterday, LLC to disable the accounts of users who repeatedly post infringing material on the Website.

17. reCAPTCHA v3

Our website uses reCAPTCHA v3 and your use of reCAPTCHA v3 is subject to the Google Privacy Policy and Terms of Use. reCAPTCHA is only used to fight spam and abuse on our site. reCAPTCHA is not used for any other purposes such as determining credit worthiness, employment eligibility, financial status, or insurability of a user.

By accessing or using the reCAPTCHA APIs, you agree to the Google APIs Terms of Use, Google Terms of Use, and to the Additional Terms below. Please read and understand all applicable terms and policies before accessing the APIs.

You acknowledge and understand that the reCAPTCHA API works by collecting hardware and software information, such as device and application data, and sending these data to Google for analysis. The information collected in connection with your use of the service will be used for improving reCAPTCHA and for general security purposes. It will not be used for personalized advertising by Google. Pursuant to Section 3(d) of the Google APIs Terms of Service, you agree that if you use the APIs that it is your responsibility to provide any necessary notices or consents for the collection and sharing of this data with Google. For users in the European Union, you and your API Client(s) must comply with the EU User Consent Policy. Your use of reCAPTCHA is subject to call limits. Google may in its sole discretion enforce these limits through any of the means described at call limits or in these terms of service.

18. How to Contact Us

All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: contact@btyllc.com.

Thank you for visiting Better Than Yesterday, LLC.