Introduction
PLEASE READ THESE WEB SITE TERMS OF USE CAREFULLY BEFORE USING THIS WEB SITE (THE "SITE"), A WEB SITE OF BETTER FAMILY UNIVERSITY. THESE WEB SITE TERMS OF USE (THE "TERMS OF USE") APPLY TO YOU ("VISITOR") AND GOVERN YOUR ACCESS TO AND USE OF THE WEB SITE. THE WEB SITE IS AVAILABLE FOR YOUR USE ONLY ON THE CONDITION THAT YOU AGREE TO THE TERMS OF USE SET FORTH BELOW. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF USE, DO NOT ACCESS OR USE THE WEB SITE. BY ACCESSING OR USING THE WEB SITE, YOU SIGNIFY YOUR AGREEMENT TO BE BOUND BY THE TERMS OF USE.
This web site is provided by Better Family University (also referred to as "Better ParentingU and BPU"). Better Family University is a California Limited Liability Company (LLC).
Agreement with Terms and Conditions:
Your access to, and use of the Site is subject to the following Terms of Use
and all applicable laws and regulations. By accessing and using the Site, you
accept, without limitation or qualification, these Terms of Use, and
acknowledge that any other agreements between you and Better Family University
are superseded with respect to this subject matter. If you do not agree and
accept, without limitation or qualification, these Terms of Use, you should
exit the site immediately, not use the files herein, and/or not subscribe to
the services provided on the Site.
Changes in Terms and Conditions:
Better Family University has the right to change or discontinue any aspect or
feature of this Site, including, but not limited to, content, hours of
availability, and equipment needed for access or use, at any time. Better
Family University has the right to change or modify the terms and conditions
applicable to Visitor's use of this Site, or any part thereof, or to impose new
conditions, including, but not limited to, adding or modifying fees and charges
for use at any time. Such changes, modifications, additions or deletions shall
be effective immediately upon notice thereof, which may be given by means
including, but not limited to, posting on the BPU Site, or by electronic or
conventional mail, or by any other means by which Visitor obtains notice
thereof. Any use of the Site by Visitor subsequent to such notice shall be
deemed to constitute acceptance by Visitor of such changes, modifications or
additions. BPU may at any time, and without notice, revise this Terms of Use
statement by updating this posting. You are bound by any such revisions and
should therefore periodically visit this page to review the current Terms of
Use statement.
Lawful Use of the SITE:
Visitor shall use the SITE for lawful purposes only. Visitor shall not post or
transmit any material which: (i) violates or infringes in any way upon the
rights of others; (ii) is unlawful, threatening, abusive, defamatory, invasive
of privacy or publicity rights, vulgar, obscene, profane or otherwise
objectionable; (iii) encourages conduct that would constitute a criminal
offense, gives rise to civil liability or otherwise violates any law; or (iv)
contains advertising or any solicitation with respect to products or services,
unless Better Family University has expressly approved such material in advance
of its transmission. Any conduct by a Visitor that in the sole discretion of Better
Family University restricts or inhibits any other Visitor from using the SITE
is prohibited.
Downloading / Accessing of Intellectual Property:
The SITE contains copyrighted material, trademarks and other proprietary
information, including, but not limited to, text, podcasts, forms, videos,
webinars, photos, graphics, music, and sound, some of which are owned by Better
Family University and some of which are owned by other parties and licensed to Better
Family University. The entire content of SITE is copyrighted by Better Family
University as a whole body of work. Better Family University owns copyright in
the creation, selection, coordination, arrangement, and enhancement of such
content, as well as in the content original to it. No Visitor may modify,
publish, transmit, participate in the transfer or sale, create derivative
works, or in any way exploit, any of the content, in whole or in part. Except
as otherwise expressly permitted under copyright law, no copying,
redistribution, retransmission, publication or commercial exploitation of
downloaded material will be permitted without the express written permission of
Better Family University (or the copyright owner(s) if other than or in
addition to Better Family University). In the event of any permitted copying,
redistribution or publication of copyrighted material, no changes in or
deletion of author attribution, trademark legend, copyright or other
proprietary notice shall be made. Visitor acknowledges that he/she does not
acquire any ownership rights by downloading copyrighted material.
Visitor Uploading of Intellectual Property:
Visitor shall not upload, post or otherwise make available on the SITE any
material protected by copyright, trademark, or other proprietary right, without
the express written permission of the owner of the copyright, trademark, or
other proprietary right, and the burden of determining that any material is not
protected by copyright rests with Visitor. Visitor shall be solely liable for
any damage resulting from any infringement of copyrights, proprietary rights,
or any other harm resulting from such a submission. By submitting material to
any public area of the SITE, Visitor automatically grants, or warrants that the
owner of such material has expressly granted, Better Family University the
royalty-free, perpetual, irrevocable, non-exclusive right and license to use,
reproduce, modify, adapt, publish, translate and distribute such material (in
whole or in part) worldwide and/or to incorporate it in other works in any
form, media or technology now known or hereafter developed for the full term of
any copyright that may exist in such material. Visitor also permits any other
Visitor to access, view, store or reproduce the material for that Visitor's
personal use. Visitor hereby grants Better Family University the right to
modify, copy, publish and distribute any material made available on the Site by
Visitor.
Trademarks:
Unless otherwise indicated, trademarks that appear on this site are trademarks
of Better Family University or its affiliates. All other trademarks or service
marks appearing on the Site are the marks of their respective owners.
VISITOR Postings
No Responsibility or Liability:
To the extent that portions of the SITE (such as "chat rooms,"
"blogs" or "bulletin boards") provide users an opportunity to post
and exchange information, ideas and opinions ("Postings"), BE ADVISED
THAT BETTER FAMILY UNIVERSITY DOES NOT SCREEN, EDIT, OR REVIEW ALL POSTINGS
PRIOR TO THEIR APPEARANCE ON THE SITE, and Postings do not necessarily reflect
the views of Better Family University. To the fullest extent permitted by
applicable laws, Better Family University shall in no event have any
responsibility or liability for the Postings or for any claims, damages, or
losses resulting from their use and/or appearance.
Monitoring of Posts:
Better Family University reserves the right to monitor all Postings and to
remove any which it considers in its absolute discretion to be offensive or
otherwise in breach of these terms and conditions.
Warrant that You Have All Necessary Rights:
You hereby represent and warrant that you have all necessary rights in and to
all Postings you provide and all material they contain; that your Postings
shall not infringe any proprietary or other rights of third parties; that your
Postings shall not contain any viruses or other contaminating or destructive
devices or features; that your Postings shall not contain any defamatory,
indecent, offensive, tortious, or otherwise unlawful material or content; and
that your Postings shall not be used to carry out or solicit any unlawful
activity and/or be used to make commercial solicitations.
Authorize Others to Use:
You hereby authorize Better Family University to use and/or authorize others to
use all or part of your Postings in any manner, format, or medium that Better
Family University sees fit. You shall have no claim or other recourse against Better
Family University for infringement of any proprietary right in Postings.
Disclaimers and Limitation of Liability:
General Disclaimer:
The content on the Site is provided for general information purposes only and
is not intended in any way to be a substitute for face-to-face professional
advice. Persons seeking such advice should consult with a legally-certified
mental health professional. The content, opinions and advice offered on the
Site should not be relied upon for diagnosis or treatment of a mental,
behavioral or medical condition. Do not disregard professional advice or delay
seeking professional advice as a result of something you have read, seen or
hear on the SITE.Â
Visitors reliance on any information provided on the SITE is solely at the risk
of the Visitor. Opinions expressed on the Site are solely the opinions of the
authors of such material posted or appearing on the Site. Provider does not
assume any liability or responsibility for the accuracy of the content of any
material provided on the Site. Provider does not assume any liability or
responsibility for damage or injury to persons or property arising from the use
of any information or material of any nature provided on the Site. Provider
reserves the right, at any time, to modify or to stop providing any component
or feature of the Site.
VISITOR SHALL BE RESPONSIBLE FOR PROTECTING THE CONFIDENTIALITY OF VISITOR'S PASSWORD(S), IF ANY. NEITHER BETTER PARENTING UNIVERSTY, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE ADVICE OR RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SITE.
PRICE INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY AND COMPLETENESS OF ALL INFORMATION, OPINIONS AND OTHER MATERIAL ON THE SITE OR ANY SITES WITH WHICH IT IS LINKED.
Links
to Other Sites:
The Site contains links to other websites, sometimes called "third
party" websites. Provider is not responsible for the content of linked
third party sites and does not make any representation, warranty, or
endorsement with respect to any content or material or the accuracy of any
content or material on such third party websites.
No Warranties of Service:
THE SITE 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 INCAPABLE OF EXCLUSION,
RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
Disclaimer of Liability:
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY
FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY
IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT
OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD,
WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY
OTHER CAUSE OF ACTION. VISITOR SPECIFICALLY ACKNOWLEDGES THAT BETTER FAMILY
UNIVERSITY AND ITS LICENSORS ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR
ILLEGAL CONDUCT OF OTHER VISITORS OR THIRD PARTIES AND THAT THE RISK OF INJURY
FROM THE FOREGOING RESTS ENTIRELY WITH VISITOR.
Visitor's Waiver of Damages:
IN NO EVENT WILL BETTER FAMILY UNIVERSITY, OR ANY PERSON OR ENTITY INVOLVED IN
CREATING, PRODUCING OR DISTRIBUTING ANY PART OF THE SITE BE LIABLE FOR ANY
DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE
ANY PART OF THE SITE. VISITOR HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS
SECTION SHALL APPLY TO ALL CONTENT ON ALL BETTER FAMILY UNIVERSITY SITES.
IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER BETTER FAMILY UNIVERSITY, NOR ITS AFFILIATES, INFORMATION PROVIDERS, SEMINAR LEADERS, PARENTING PROFESSIONALS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, QUALITY, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED OR PROVIDED THROUGH ANY BETTER FAMILY UNIVERSITY SITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE VISITOR, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
Indemnification:
Visitor agrees to defend, indemnify and hold harmless Better Family University,
its affiliates and their respective directors, officers, shareholders,
employees, agents, and assigns from and against all claims and expenses,
including attorneys' fees, arising out of Visitor's use of any Better Family
University Site. In no event shall Better
Family University be liable for any indirect, consequential, special or
punitive damages, including any "lost opportunity" costs.
Privacy
Any personal data (for example, your name, address, telephone number or e-mail
address) you transmit to the Site by electronic mail or otherwise will be used
in accordance with the Better Family University Privacy Policy. Any other
communication or material you transmit to the Site, such as questions,
comments, suggestions or the like, will be treated as non-confidential and
nonproprietary.
Copyright Policy
This website contains copyrighted materials, animations, photographs, images, videos, footage, text, music, webinars, podcasts, and sounds (collectively referred to as the "Content") which is owned by Better Family University or its licensors. It is illegal to duplicate, download or distribute any Content from this Site except for your use. You may not use photos or images of people or identifiable entities in any manner that suggests the endorsement or association of any product or service or in connection with any pornographic or immoral materials.
Pursuant to 17 USC. § 512 as amended by Title II of the Digital Millennium Copyright Act (the "DMCA"), the Site has instituted procedures to receive written notification of claimed infringements and to process such claims in accordance with the DMCA. If you believe your copyrights are being infringed, please fill out the Notice of Infringement form below and mail it to Better Family University, LLC
The Notice of Infringement contains requested information that substantively complies with the safe harbor provisions of the Digital Millennium Copyright Act, 17 USC. § 512(c)(3)(A), providing that to be effective under this subsection, a notification of claimed infringement must be a written communication provided to the designated agent of a service provider that includes substantially the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works at that Site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
- Information reasonably sufficient to permit the service provider to contact the complaining party such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Notification from a copyright owner or from a person authorized to act on behalf of the copyright owner that fails to comply substantially with the provisions above shall not be considered as providing actual knowledge or an awareness of facts or circumstances from which infringing activity is apparent.
Please mail to Better Family University, LLC a separate Notice of Infringement each time you would like to report alleged acts of infringement.
Law and Jurisdiction
You agree that any dispute arising out of or relating to these Terms of Use or any content posted to the Site, including copies and republication thereof, whether based in contract, tort, statutory, or other law, will be governed by the laws of the State of California, excluding its conflicts of law provisions. You further consent to the personal jurisdiction of and exclusive venue in the federal and state courts located in and serving Orange County, California as the legal forum for any such dispute.
Entire Agreement
This Agreement constitutes the entire agreement between the parties with
respect to the subject matter contained herein and supersedes any and all other
agreements, communication (written or oral) between the Site and Visitor. Better
Family University may amend this Agreement or impose new conditions at any time
by notice through the Site. Any use of the Site by Visitor after such notice
shall be deemed to constitute acceptance by User of such amendments,
modifications, or new conditions
