Terms of Service

Last Revised: March 1, 2019

The following are terms of a legal agreement between Raising Better Teens, Inc., a California corporation (“us,” “we,” or “RBT”), and you. By accessing, reading, subscribing and/or using RaisingBetterTeens.com and the services, features, content, or applications we offer (collectively, the “Site”), you acknowledge that you have read, understood, and agree to be bound by the following terms and to comply with all applicable laws and regulations. If you do not agree to these terms, do not use the Site.

These terms are void where prohibited by law, and the right to access and use the Site, and the materials (including the Licensed Materials (defined below)) is revoked in any such jurisdiction.

RBT reserves the right to change or modify these terms or any policy or guideline of the Site at any time and in its sole discretion. You hereby waive any right you may have to receive specific notice of changes or modifications to the terms. Therefore, you should periodically review these terms and all applicable Site policies as any changes or modifications will be effective immediately once they have been posted online at http://raisingbetterteens.com/terms-of-service. Your continued use of the Site following the posting of changes or modifications will confirm your acceptance of those changes or modifications or if you do not agree to the changes or modifications, you must stop using the Site.

SUBSCRIPTION
In order to register for a subscription to the Licensed Materials or other services offered by RBT, you must complete the subscription process by providing the complete and accurate information requested on the subscription form and/or Site.

TRIAL SUBSCRIPTIONS AND COUPONS
RBT may, from time to time, offer promotional, free or discounted or trial subscriptions to the Site and the Licensed Materials. Trial subscriptions are for first-time subscribers only. Subscribers that sign up for a trial subscription will be automatically renewed at the normal subscription rate at the end of the trial period. The day you sign up for a trial subscription is the first day of the trial period. For example, if you sign up for a 30-day free trial subscription on a January 1st prior to 11:59PM EST/EDT, you have until the January 30th at 11:59PM EDT/EST to inform us that you wish to cancel. If you wish to cancel your trial subscription, you must inform RBT (via email to scott@raisingbetterteens.com during the active term of the trial subscription that you intend to cancel you trial subscription and not be billed the normal subscription rate when the trial subscription concludes. Refunds will not be granted under any circumstances to those who request cancellation after the free trial subscription concludes.

Only one trial period is allowed per subscriber. Subsequent subscriptions do not qualify for trials. If you sign up for a trial for a second time, RBT reserves the right to immediately charge you for the amount of the applicable subscription rate.

By subscribing to the Site’s services (including the Licensed Materials), you agree that you will be responsible for all payments as specified in the offer, and you agree that RBT may adjust the subscription pricing accordingly and as specified in the offer, promotional materials, or coupon, without further notice or other communication to you.

PRICING
All subscription pricing is subject to change at any time and without notice. Previously purchased subscriptions will not be affected by price changes during the current subscription period. However, subscription pricing changes may be effective upon the automatic renewal of your subscription, and you expressly agree to pay any such increased subscription price for any renewal subscription.

NO REFUNDS
All paid subscriptions for the Site (and the Licensed Materials) are required to be prepaid in advance for the period of time applicable to the particular subscription, and in no event will RBT refund you any money that you have paid to RBT, regardless of the reason for termination of your paid subscription. ALL RISK OF SATISFACTION WITH THE SITE, THE LICENSED MATERIALS AND/OR THE SERVICES OFFERED IS WITH YOU, AND RBT WILL HAVE NO LIABILITY OR OTHER RESPONSIBILITY WHATSOEVER FOR ANY DISSATISFACTION YOU MAY HAVE WITH RBT, THE SITE, THE LICENSED MATERIALS OR THE SERVICES OFFERED. IN DECIDING TO REGISTER FOR A PAID SUBSCRIPTION, YOU ACKNOWLEDGE THAT ANY AMOUNTS THAT YOU PAY TO RBT FOR USE OF THE SITE, THE LICENSED MATERIALS AND ITS SERVICES ARE FINAL AND NON-REFUNDABLE, AND UNDER NO CIRCUMSTANCES WILL YOU BE ENTITLED TO HAVE RETURNED TO YOU ANY PORTION OF ANY AMOUNTS PAID TO USE THE SITE, THE LICENSED MATERIALS OR ITS SERVICES.

NO RESALE OR OTHER TRANSFER
You are not permitted to resell, rent, lease, loan, or otherwise transfer any paid subscription or the Licensed Materials to any person or entity. When you no longer desire to continue paying for access to your subscription, the Licensed Materials or the Site, you must notify RBT in accordance with these terms, and your paid subscription will terminate on the last day for which you have prepaid. As a matter of clarity, you are not permitted to transfer any materials or emails you receive from us (including, without limitation, the Licensed Materials) to another potential subscriber with the intent or effect of causing such transferee not to have to subscribe to the Site or the services offered by RBT in order to receive the Licensed Materials.

CONSENT TO CHARGES/DEBITS
If your paid subscription requires regular, ongoing payments to RBT, then as part of your registration you will be required to provide a method for making such payments. Payments for a paid subscription may be made by credit card or check debit, and you hereby authorize RBT or its designee to transact such payments on your behalf. Unless you have a good faith reason to believe the credit card (or other approved facility) you use to pay for your subscription is lost or stolen, you agree not to report that credit card (or other approved facility) as lost or stolen. Nor will you dispute any authorized charge by RBT or its designee. You agree and acknowledge that, in addition to any liability you may face under applicable laws, it will be a breach of these Terms for which RBT may terminate your subscription, your ability to use the Site and your receipt of the Licensed Materials if you fraudulently report the credit card (or other approved facility) used to pay for your subscription as stolen, or if you fraudulently report that an authorized charge by RBT or its designee is unauthorized. Further, to the extent RBT suffers any damages as a result of such fraud, you may be liable to RBT, which reserves the right to pursue any and all legal remedies available to it. Further, you acknowledge and agree that your subscription may automatically renew, and upon such renewal date, you will be automatically charged for the subsequent subscription term at the then current subscription pricing. If you do not want your subscription to automatically renew, you must provide RBT with at least thirty (30) days prior written notice of your decision not to renew your subscription.

TERMINATION OF SUBSCRIPTION
If you desire to terminate your subscription and stop automatic renewals/payments, you must provide RBT with written notice (which includes notice provided by email to scott@raisingbetterteens.com that you wish to terminate or not renew your subscription. Once RBT receives your written notice of termination, you will not be billed or charged for further access to the Site, and you will be permitted to continue use of the Site (including receipt of the Licensed Materials) for the remainder of any time for which you have paid. IN NO EVENT WILL YOU BE ENTITLED TO ANY REFUND FROM RBT FOR AMOUNTS PREVIOUSLY PAID. Upon expiration of the remaining time period for which you have paid, your subscription will be terminated and you will no longer receive any Licensed Materials.

Notwithstanding the foregoing, if RBT terminates your subscription, access to the Licensed Materials and use of the Site for any violation of these Terms or for any activities prohibited by these Terms, then your access to the services (including the Licensed Materials) and use of the Site will terminate immediately upon RBT’s notice of termination to you.

Notwithstanding the foregoing, RBT may terminate your subscription, access to the Licensed Materials and use of the Site for any violation of these Terms or for any activities prohibited by these Terms, which termination will be effective immediately upon RBT’s notice of termination to you, at which point you will neither receive continued access to the Site’s services (including the Licensed Materials) nor a refund of any payment for time that might otherwise have remained on your paid subscription.

LICENSE TO USE THE SITE AND CONTENT
RBT may make certain data, information, content, software, web services, and other materials or property available to you from the Site or otherwise. The emails sent you in connection with your subscription, including all files and images contained in connection therewith, any other materials or property on the Site, and all other works of authorship embodied in any such materials (collectively, “Licensed Materials”) are deemed to be licensed to you by RBT, for your personal, noncommercial, home use only. RBT does not transfer either the title or the intellectual property rights to any Licensed Materials, and RBT retains full and complete title to the Licensed Materials as well as all intellectual property rights therein. You may not copy (except as may be incidental to the proper exercise of your rights under your subscription), publicly display, rent, sell, redistribute, or reproduce the Licensed Materials, nor may you decompile, reverse engineer, disassemble, or otherwise convert any software included therein to a human-perceivable form. In no event will you offer the use of any RBT service as a part of a service bureau, time-sharing, or other similar arrangement. All trademarks and logos are owned by RBT or its licensors, and you may not copy or use them in any manner except as may be incidental to the proper exercise of your rights under these terms.

You acknowledge that the Site and the Licensed Materials constitute valuable and proprietary property of RBT. If you want to use Licensed Materials or any aspect of the Site in any manner not expressly permitted by these terms or your subscription, you must obtain RBT’s prior written consent to any such use, which consent may be withheld by RBT in its sole discretion, and which consent, if granted, may be conditioned on your payment of an additional fee for the desired rights.

All data and information you obtain or otherwise learn from the Site (or the Licensed Materials) are proprietary to RBT and may not be reproduced, distributed, displayed, or transmitted (except as may occur in connection with your permitted use of the Site and/or your subscription) in whole or in part in any manner without the written prior consent of RBT. You further acknowledge and agree that any information, materials or other copyright you provide to RBT (including, without limitation, testimonials or other suggestions) shall be owned by RBT upon submission to RBT, and RBT shall own all such information, materials and/or other copyright and may use any and all such information, materials and/or other copyright without restriction.

PURPOSE AND USE OF THE SITE
The Site and the Licensed Materials are provided to you solely for your personal use. Neither the Site nor the Licensed Materials are to be used in direct or indirect violation of any local, state, federal, or international laws, rules, or regulations. You understand and agree that RBT cannot provide you with any legal, parental, therapeutic or other professional advice or assurances. Further, it is your sole responsibility to ensure that at all times you comply with the laws that govern you and that you have the complete legal right to use the Site and the Licensed Materials. Use of the Site and the Licensed Materials is at your sole option, discretion, and risk.

You acknowledge and agree that RBT provides no assurances whatsoever regarding the Licensed Materials, including your ability to successfully communicate with your children through the use of the Site, the Licensed Materials or otherwise.

USER’S OBLIGATION TO ABIDE BY APPLICABLE LAW
In connection with the use of the Site and your subscription, you shall abide by all applicable federal, state, or local laws (“Applicable Law”). The information available on the Site may include intellectual property that is protected under the copyright, trademark, and other intellectual property laws of the United States and/or other countries (“Intellectual Property Laws”). Such Intellectual Property Laws generally prohibit the unauthorized reproduction, distribution, or exhibition of all text, photographic, and graphic (art and electronic) images, music, sound samplings, and other protected materials. The violation of applicable Intellectual Property Laws may give rise to civil and/or criminal penalties.

HYPERLINKING AND THIRD-PARTY WEBSITES
RBT makes no representations whatsoever about any other website which may be accessed through the RBT site. When you access a non-RBT website, you acknowledge and agree that it is independent from RBT, and that RBT has no control over the content on that website. In addition, a link or referral to a web site does not mean that RBT endorses or accepts any responsibility for the content or the use of such website. RBT disclaims any and all liability and responsibility for such content. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses, and other items of a destructive or malware nature.

NO SERVICES, ENDORSEMENT, OR PROFESSIONAL CONSULTATION
There may be delays, omissions, or inaccuracies in information obtained through your use of the Site and/or the Licensed Materials. The information on the Site (including the Licensed Materials) are provided to you with the understanding that provision of this information to you does not constitute the rendering of consulting, legal, parental, therapeutic or other professional advice or services. Information on the Site (including the Licensed Materials) should not be relied upon for making parental or other decisions or used as a substitute for consultation with appropriate professional advisors or therapists. Moreover, RBT does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, downloaded, or distributed through the Site or the Licensed Materials by RBT, any user, information provider or any other person or entity. You acknowledge that any reliance upon such opinion, advice, statement, memorandum, or information shall be at your sole option, liability and risk. Moreover, RBT does not grant any license or other authorization to you to use the Site, the Licensed Materials or your subscription in any manner if such use in whole or in part suggests that RBT promotes or endorses a third party’s causes, ideas, political campaigns, political or religious views, web sites, products or services.

ACCESS TO THE SITE
RBT may alter, suspend, or discontinue the Site, your subscription (including access to the Licensed Materials) at any time for any reason without notice or liability to you or any third party. The Site and access to the Licensed Materials may become unavailable due to maintenance or malfunction of computer equipment or for other reasons and may result in damages to your systems or operations. You shall be solely responsible for ensuring that any information or content obtained from the Site or the Licensed Material does not contain any virus or other computer software code or subroutine designed to disable, erase, impair, or otherwise damage your systems, software, or data.

DISCLAIMER OF WARRANTIES
THE SITE AND ALL MATERIALS (INCLUDING THE LICENSED MATERIALS) ARE DISTRIBUTED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, RBT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, RBT DOES NOT WARRANT THAT: (1) THE INFORMATION ON THIS SITE (INCLUDING THE LICENSED MATERIALS) IS CORRECT, ACCURATE, APPROPRIATE FOR YOUR PURPOSES OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE; OR (3) DEFECTS WILL BE CORRECTED, OR THAT THIS SITE (INCLUDING THE LICENSED MATERIALS) OR THE SERVER THAT MAKES THEM AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU HEREBY ACKNOWLEDGE THAT USE OF THE SITE AND/OR THE LICENSED MATERIALS IS AT YOUR SOLE RISK.

LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL RBT OR ANY OF ITS PREDECESSORS, SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, ATTORNEYS, OFFICERS, DIRECTORS, SHAREHOLDERS, INVESTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, AND THEIR RESPECTIVE HEIRS, SUCCESSORS, AND ASSIGNS BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT DIRECTLY OR INDIRECTLY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE INFORMATION CONTAINED ON THIS SITE OR OBTAINED FROM YOUR USE OF THIS SITE OR YOUR SUBSCRIPTION (INCLUDING THE LICENSED MATERIALS), INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SITE OR THE LICENSED MATERIALS, EVEN IF RBT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL RBT OR ANY OF ITS PREDECESSORS, SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, INVESTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, AND ATTORNEYS AND THEIR RESPECTIVE HEIRS, SUCCESSORS, AND ASSIGNS SHARE IN ANY LIABILITY. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN WHICH CASE SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO ALL USERS.

INDEMNIFICATION
You hereby indemnify, defend, and hold harmless RBT and all of its predecessors, successors, parents, subsidiaries, affiliates, officers, directors, shareholders, investors, employees, agents, representatives, and attorneys and their respective heirs, successors, and assigns (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 or relating to any breach by you of these Terms or the representations, warranties, and covenants you have made by agreeing to these Terms. You shall cooperate as fully as reasonably required in the defense of any such claim. RBT reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

VIOLATIONS OF THE TERMS OR OTHER RULES AND POLICIES
RBT reserves the right to terminate your use of the Site and your subscription immediately (including receipt of the Licensed Materials), with or without notice to you, and without liability to you, if RBT believes that you have violated any of these Terms, furnished RBT with false or misleading information, or interfered with use of the Site by others. To ensure that RBT provides a high-quality experience for you and for other users of the Site, you agree that RBT or its representatives may access your subscription and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third-party rights, violations of these Terms, or other unauthorized uses of the Site or the Licensed Materials.

ENFORCEMENT OF TERMS AND CONDITIONS
This agreement is governed and interpreted pursuant to the laws of the State of California, United States of America, notwithstanding any principles of conflicts of law. You expressly agree that exclusive jurisdiction resides in the courts of the State of California. You further agree and expressly consent to the exercise of personal jurisdiction in the State of California in connection with any dispute or claim involving RBT. If any part of these Terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions. No waiver of any breach of any provision of these terms shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of RBT.

Any controversy or claim arising out of or relating to these Terms (or your subscription) shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Santa Ana, California, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. RBT may seek any interim or preliminary relief from a court of competent jurisdiction in Santa Ana, California, necessary to protect the rights or property of RBT pending the completion of arbitration.

You acknowledge that the rights and obligations under these Terms are of a unique and irreplaceable nature, the loss of which shall cause irreparable harm to RBT and which cannot be replaced by monetary damages alone. Accordingly, RBT shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or any anticipated breach of these Terms by you. Furthermore, you hereby irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Site, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Site or any material used or displayed therein (including the distribution of the Licensed Materials) and agree to limit your claims to claims for monetary damages.

COPYRIGHT
All contents of Site are: Copyright © Raising Better Teens, Inc. All rights reserved.

PRIVACY
Your privacy is important to us. Please carefully review our privacy policy at http://raisingbetterteens.com/privacy-policy, which is incorporated by reference into these terms. Our privacy policy details the way we collect, use, and disclose information about you.

ENTIRE AGREEMENT
These Terms constitute the entire agreement between RBT and you with respect to the subject matter of these Terms and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding that subject matter.