Last Updated: April 16, 2018
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.
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
- 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.
- 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.
- You may not participate in any activity that is in violation of any federal, state, or local law.
- 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.
- You agree that you will not solicit, collect or use the login credentials or other confidential information of other ItGetsBetter Users.
- You are responsible for keeping your password secret and secure.
- 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.
- 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.
- 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.
- You must not use domain names or web URLs in your username, if applicable, without prior written consent from ItGetsBetter.
- 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.
- 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.
- 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 email@example.com. 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.
- We reserve the right to refuse access to the Property to anyone for any reason at any time.
- We reserve the right to force forfeiture of any username for any reason.
- 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.
- 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.
- 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
- 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:
- a) The User’s name, address, telephone number and e-mail address;
- b) A description of the copyrighted work(s) that the User claims has been infringed;
- c) The exact description of each place where alleged infringing material is located;
- 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;
- 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
- 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 firstname.lastname@example.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.
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.
Our customer service specialists are ready to assist you and address your concerns: email email@example.com.
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 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.
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.