Terms of Use

Last Updated: April 16, 2018

 

Acceptance of the Terms of Use.


These Terms of Use are entered into by and between You (or “you”) and IOLA Foundation d/b/a It Gets Better Project and its affiliated subsidiaries and related entities (collectively, “ItGetsBetter,” “We” or “Us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of www.itgetsbetter.org (“Website”), any other mobile applications, websites, and social media platforms owned or controlled by Us, along with any content, functionality, and services offered through Us (each a “Property,” collectively “Properties”) whether as a guest or a registered user. You and ItGetsBetter each a Party, collectively, “Parties.”

 

By using the Properties [or by clicking to accept or agree to the Terms of Use when this option is made available to you], you accept and agree to be bound and abide by these Terms of use [and our Privacy Policy, found at https://secure.itgetsbetter.org/privacy-policy], incorporated herein by reference. These Terms of Use affect your legal rights and obligations. If you do not agree to be bound by all of these Terms of Use, do not access or use the Property.

The Properties are offered and available to users who are at least 13 years of age or older and located in the United States of America while using or accessing the Properties in whatever nature and capacity (“Users” or “ItGetsBetter Users”). By using these Properties, you represent and warrant that You are of legal age to form a binding contract with the ItGetsBetter and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Properties.

 

Changes to Terms of Use.

ItGetsBetter reserves the right to amend or update these Terms of Use at any time with or without notice to Users, and may also add new features or functionality to, or change or remove existing features or functionality from, the Property that will be subject to the Terms of Use. Any User who continues to use the Property after any changes are made will be deemed to have agreed to those changes.

ARBITRATION NOTICE: YOU AGREE THAT DISPUTES BETWEEN YOU AND ITGETSBETTER WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

Basic Terms and Rules of Conduct

  1.  You are responsible for making all arrangements necessary for you to have access to the Properties and ensuring that all persons who access such through your internet connection are aware of these Terms of Use and comply with them.
  2. To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
  1. Unless otherwise noted, the Properties as a whole or in part, and all materials that are part of the Properties, including without limitation, the ItGetsBetter name and logos (collectively, “ItGetsBetter Content”) are copyrights, trademarks, trade dress or other intellectual properties owned, controlled, or licensed by ItGetsBetter or its subsidiaries and affiliates. You may only use ItGetsBetter Content for your personal, noncommercial use; any other use of the ItGetsBetter Content without ItGetsBetter’s express written consent is strictly prohibited. No right, title, or interest in any ItGetsBetter Content is granted or transferred to you as a result of your access or use. Unless otherwise noted herein, you may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell, or participate in any sale of, or exploit in any way, any of the ItGetsBetter Content or Properties. Unauthorized use of the ItGetsBetter Content is expressly prohibited by law, and may result in severe civil and criminal penalties.
  2. User may download EduGuides and other materials (collectively “Guides”) from the Website to its own computer, mobile device, tablet or other viewing device owned or controlled by User. User shall not, and User agrees not to, distribute the Guides to any third party including without limitation downloading the Guides on such third party’s computer, mobile device, tablet or other viewing device. Nothing in these Terms shall be construed as authorizing User to grant to others any right to use any portion of the Guides. All rights to use shall be granted by Company, exclusively. Additionally, User may not make the Guides available in any form that can allow or permit a third party to edit or modify the Guides. User shall not publish or transmit the Guides, in whole or in part, to its website or to any social media platform or any other website or platform where members are required to waive any of their rights to posted or shared media.
  3. We welcome your comments and feedback regarding our Properties, products, services, and educational content/literature. We do not, however, accept confidential or proprietary information. Thus, all comments, feedback, ideas, suggestions, materials, information, and other submissions disclosed, submitted or offered to ItGetsBetter using Properties or otherwise (collectively, “Comments”) are not confidential and will become and remain ItGetsBetter’s property. The disclosure, submission, or offer of any Comments will constitute an assignment to ItGetsBetter of all worldwide rights, titles, and interests, and goodwill in the Comments without payment of any compensation. Additionally, Comments submitted by you must not violate any right of any third party, and must not contain any libelous, abusive, obscene, or otherwise unlawful material. ItGetsBetter reserves the right to remove any Comments for any reason, without prior notice. Notwithstanding the foregoing, ItGetsBetter does not have any obligation to prescreen, monitor, edit, or remove any Comments. If your Comments violate these Terms of Use, you may bear legal responsibility for such Comments.
  4. You may not participate in any activity that is in violation of any federal, state, or local law.
  1. You are responsible for any activity that occurs in the real world and through your account and you agree you will not sell, transfer, license or assign your account, in whole or in part, including without limitation, your username, or any account rights. ItGetsBetter prohibits the creation of and you agree that you will not create an account for anyone other than yourself. You also represent that all information you provide(d) to or were provided by the ItGetsBetter upon registration and at all other times will be true, accurate, current, complete, and confidential, and you agree to update your information as necessary to maintain its truth, accuracy, and confidentiality.
  2. You agree that you will not solicit, collect or use the login credentials or other confidential information of other ItGetsBetter Users.
  3. You are responsible for keeping your password secret and secure.
  4. You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the Property, including, without limitation, your or any other person’s Personal Information (as defined in the Privacy Policy), including without limitation, credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.
  5. You may not use the Property for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Property and your Comments, including but not limited to, copyright laws.
  6. You must not change, modify, adapt or alter the Property or change, modify or alter another website so as to falsely imply that it is associated with the Property or ItGetsBetter.
  7. You must not create or submit unwanted email, comments or other forms of commercial or harassing, threatening, or intimidating communications (collectively, “spam”) to any ItGetsBetter Users.
  8. You must not use domain names or web URLs in your username, if applicable, without prior written consent from ItGetsBetter.
  9. You must not interfere or disrupt the Property or servers or networks connected to the Property, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any ItGetsBetter page is rendered or displayed in a user’s browser or device.
  10. You must not create accounts with the Property through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
  11. You must not attempt to restrict another user from using or enjoying the Property and you must not encourage or facilitate violations of these Terms of Use or any other ItGetsBetter terms.
  12. Violation of these Terms of Use may, in ItGetsBetter’s sole discretion, result in termination of your ItGetsBetter account. You understand and agree that ItGetsBetter cannot and will not be responsible for the Content posted on the Property and you use the Property at your own risk. If you violate the letter or spirit of these Terms of Use, or otherwise create risk or possible legal exposure for ItGetsBetter, we can stop providing all or part of the Property to you.

General Conditions

  1. We reserve the right to modify or terminate the Property or your access to the Property for any reason, without notice, at any time, and without liability to you. You can request deactivation of your ItGetsBetter account by emailing us at info@itgetsbetter.org. If we terminate your access to the Property or you request that we deactivate your account, your photos, Comments, and all other data may no longer be accessible through your account.
  2. Upon termination, all licenses and other rights granted to you in these Terms of Use will immediately cease.
  3. We reserve the right to refuse access to the Property to anyone for any reason at any time.
  4. We reserve the right to force forfeiture of any username for any reason.
  5. We may, but have no obligation to, remove, edit, block, and/or monitor Comments or accounts containing Comments that we determine in our sole discretion violates these Terms of Use.
  6. You are solely responsible for your interaction with other Users of the Property, whether online or offline. You agree that ItGetsBetter is not responsible or liable for the conduct of any User. ItGetsBetter reserves the right, but has no obligation, to monitor or become involved in disputes between you and other Users. Exercise common sense and your best judgment when interacting with others, including when you submit or post Content or any personal or other information.

The Properties may include links to other internet sites maintained by third parties (“Linked Sites”). ItGetsBetter provides Linked Sites to You solely as a convenience, and the inclusion of Linked Sites does not imply endorsement by ItGetsBetter of such Linked Sites. You access Linked Sites at your own risk and by accessing them, you may leave the Properties. Linked Sites are not under the control of ItGetsBetter and ItGetsBetter is not responsible for the contents of any Linked Sites.

Rights

  1. Some of the Property may be supported by advertising revenue and may display advertisements and promotions, and you hereby agree that ItGetsBetter may place such advertising and promotions in connection with the Property or on, about, or in conjunction with your Comments. The manner, mode and extent of such advertising and promotions are subject to change without specific notice, or compensation of any kind, to you.
  2. You represent and warrant that: (i) you own the Comments posted by you on or through the Property or otherwise have the right to grant the rights and licenses set forth in these Terms of Use; (ii) the posting and use of your Comments on or through the Property does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) you agree to pay for all royalties, fees, and any other monies owed by reason of Comments you post on or through the Property; and (iv) you have the legal right and capacity to enter into these Terms of Use in your jurisdiction.
  3. Except as otherwise described in the Property’s Privacy Policy, as between you and ItGetsBetter, You acknowledge and agree that your relationship with ItGetsBetter is not a confidential, fiduciary, or other type of special relationship.
  1. If the User uses the Property through ItGetsBetter mobile application, User grants ItGetsBetter the right to use the processor, bandwidth, and storage hardware on User’s device in order to facilitate the operation of the Property.

Claims of Infringement

  1. If a User believes that any content appearing on the Property infringes the User’s copyright rights, ItGetsBetter wants to hear from the User. Please forward the following information in writing at the address listed below:
  2. a) The User’s name, address, telephone number and e-mail address;
  3. b) A description of the copyrighted work(s) that the User claims has been infringed;
  4. c) The exact description of each place where alleged infringing material is located;
  5. d) A statement by the User that the User has a good faith belief that the disputed use has not been authorized by the User, its agent, or the law;
  6. e) The User’s electronic or physical signature or the electronic or physical signature of the person authorized to act on the User’s behalf; and
  7. f) A statement by the User made under penalty of perjury, that the information in the User’s notice is accurate, that the User is the copyright owner or authorized to act on the copyright owner’s behalf.

Please provide any feedback or claims of infringement to the following address:

ATTN: Legal- ItGetsBetter, 8920 West Sunset Blvd, Ste 200B, West Hollywood, CA 90069 or via email at info@itgetsbetter.org.

Disclaimer of Warranties

THE PROPERTY, INCLUDING, WITHOUT LIMITATION, ITGETSBETTER CONTENT, IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER ITGETSBETTER NOR ITS PARENT COMPANY NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS OR AGENTS (COLLECTIVELY, THE “ITGETSBETTER PARTIES”) MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE PROPERTY; (B) THE ITGETSBETTER CONTENT; (C) USER CONTENT (INCLUDING COMMENTS); OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO ITGETSBETTER OR VIA THE PROPERTY. IN ADDITION, THE ITGETSBETTER PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.

THE ITGETSBETTER PARTIES DO NOT REPRESENT OR WARRANT THAT THE PROPERTY WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE PROPERTY OR THE SERVER THAT MAKES THE PROPERTY AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE ITGETSBETTER PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE PROPERTY IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE PROPERTY IS AT YOUR SOLE RISK. THE ITGETSBETTER PARTIES DO NOT WARRANT THAT YOUR USE OF THE PROPERTY IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE COMPANY PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOU AND THESE TERMS OF USE.

BY ACCESSING OR USING THE PROPERTY YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES OCCUR OR HAVE OCCURRED IN THE UNITED STATES AND ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE PROPERTY.

THE ITGETSBETTER PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.

 

Limitation of Liability; Waiver

UNDER NO CIRCUMSTANCES WILL THE COMPANY PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE PROPERTY; (B) THE ITGETSBETTER CONTENT; (C) USER CONTENT (INCLUDING COMMENTS); (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE PROPERTY; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE ITGETSBETTER PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY’S USE OF THE PROPERTY; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE PROPERTY’S OPERATION; OR (H) ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE ITGETSBETTER PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE PROPERTY). IN NO EVENT WILL THE ITGETSBETTER PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT SOME OF THE EVENTS, ACTIVITIES OR ACTIONS TAKEN BY YOU WHETHER IN CONNECTION WITH THE PROPERTY OR OTHERWISE CARRY CERTAIN INHERENT AND SIGNIFICANT RISKS OF PROPERTY DAMAGE, BODILY INJURY OR DEATH AND THAT YOU VOLUNTARILY ASSUME ALL KNOWN AND UNKNOWN RISKS ASSOCIATED THEREWITH EVEN IF CAUSED IN WHOLE OR IN PART BY THE ACTION OR INACTION OR NEGLIGENCE OF ITGETSBETTER OR BY THE ACTION, IN ACTION OR NEGLIGENCE OF OTHERS. YOU EXPRESSLY AGREE THAT ITGETSBETTER DOES NOT ASSUME RESPONSIBILITY FOR THE SUPERVISION, PREPARATION, OR CONDUCT OF ANY ACTIVITY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE ITGETSBETTER PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00).

YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF ITGETSBETTER’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE COMPANY PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, OR OTHER CONTENT OWNED OR CONTROLLED BY THE ITGETSBETTER PARTIES.

BY ACCESSING THE PROPERTY, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

ITGETSBETTER IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.

 

Indemnification

You (and also any third party for whom you operate an account or activity on the Property) agree to defend (at ItGetsBetter’s request), indemnify and hold the ItGetsBetter Parties harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities in connection with the Property or those conducted on your behalf): (i) your content or Comments or your access to or use of the Property; (ii) your breach or alleged breach of these Terms of Use; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by ItGetsBetter in the defense of any claim. ItGetsBetter reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of ItGetsBetter.

 

Disputes.

Our customer service specialists are ready to assist you and address your concerns: email info@itgetsbetter.org.

In the event that our customer service team is unable to resolve your concern, by using the Properties, you unconditionally agree that all disputes between you and ItGetsBetter (whether or not such dispute involves a third party) with regard to your relationship with ItGetsBetter, including without limitation disputes related to these Terms of Use, your use of the Property, and/or rights of privacy and/or publicity, will be resolved by binding, individual arbitration under the American Arbitration Association’s rules for arbitration of consumer-related disputes and you and ItGetsBetter hereby expressly waive trial by jury. You may bring claims only on your own behalf. Neither you nor ItGetsBetter will participate in a class action or class-wide arbitration for any claims covered by this agreement. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if ItGetsBetter is a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either ItGetsBetter or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Use. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with ItGetsBetter.

Time Limitation on Claims.

You agree that any claim you may have arising out of or related to your relationship with ItGetsBetter must be filed within one year after such claim arose; otherwise, your claim is permanently barred. This provision expressly survives the termination of your relationship with ItGetsBetter.

 

Governing Law & Venue.

The law applicable to the interpretation and construction of these Terms of Use and any transaction (including donations, contributions, and/or purchases made via the Property) using or relating to the Properties, shall be the Federal Arbitration Act, applicable federal laws, and the laws of the state of California, USA, without regard to principles of conflict of laws, but subject to the Federal Arbitration Act and other federal law relating to the arbitrability of claims. You agree that all matters relating to your access to or use of the Property, including all disputes, will be governed by the laws of the United States and by the laws of the State of California AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE.

Severability.

 

If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable during arbitration or by a court of competent jurisdiction, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. ItGetsBetter’s failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. No waiver of any of these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition. ItGetsBetter reserves the right to change this dispute resolution provision, but any such changes will not apply to disputes arising before the effective date of the amendment. This dispute resolution provision will survive the termination of any or all of your transactions with ItGetsBetter.

 

Entire Agreement.

If you are using the Property on behalf of a legal entity, you represent that you are authorized to enter into an agreement on behalf of that legal entity. These Terms of Use constitute the entire agreement between You and ItGetsBetter and governs your use of the Property, superseding any prior agreements between You and ItGetsBetter. You will not assign the Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of ItGetsBetter. Any purported assignment or delegation by you without the appropriate prior written consent of Company will be null and void. ItGetsBetter may assign these Terms of Use or any rights hereunder without your consent. Neither the course of conduct between the Parties nor trade practice will act to modify the Terms of Use. These Terms of Use do not confer any third-party beneficiary rights.

 

Territorial Restrictions.

The information provided within or in connection with the Property is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject ItGetsBetter to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Property or any portion of the Property, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, Property or other feature that ItGetsBetter provides.

These Terms of Use were written in English (US). To the extent any translated version of these Terms of Use conflicts with the English version, the English version controls.

 

Donations and other Financial Transactions:

 

All financial transactions on our Website, specifically donations and purchases, are managed through Blue State Digital CRM tools, Volusion storefront CRM and Paypal processing, which is SSL certified. All transactions use an encrypted channel, take place on secure servers, and occur in real time. No financial data, such as your credit card number, is transferred via a less-secure channel, such as encrypted e-mail, for processing. Moreover, once your transaction has been completed, your credit card number is not retained.

 

Hyperlinks:

 

You may provide a hypertext link to this Website on another website, provided: (a) that the link must be a text-only link clearly marked “ItGetsBetter” (b) the link must “point” to the URL “http://www.itgetsbetter.org” and not to other pages within the Website, (c) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with ItGetsBetter’s name, trademarks, and other intellectual property (d) the appearance, position and other aspects of the link may not create the false appearance that an entity other than ItGetsBetter is associated with or sponsored by ItGetsBetter, (e) the link, when activated by a user, must display this website full-screen and not within a “frame” on the linked website, and (f) ItGetsBetter reserves the right to revoke its consent to the link at any time in its sole discretion by amending this notice or the Terms of Use generally. You agree that all other hypertext links to this Website must be approved in writing by ItGetsBetter. Please contact us regarding any inquiries.