TERMS OF SERVICES

Eligibility. You must be 18 years or older to use our Services. If you are under the age of majority where you live, you may only use the Services if your parent or guardian agrees to our Terms. Please read these Terms with them. If you are a parent or legal guardian of a user under the age of majority where you live, you are subject to these Terms and responsible for your child’s activity on the Services.

Registration and Security. To use many of the Services, you must register for an account. You must provide accurate account information, keep this information updated, and maintain the security of your account. Notify us immediately by email at jennifer@mybetterself.com of any unauthorized use of your account or any other breach of security. You are responsible for all activities that occur in connection with your account to the extent permitted by applicable law. You agree not to create an account if we have previously removed you or your account from any of the Services, unless we expressly agree otherwise.

TERMS AND CONDITIONS
BY ACCESSING OUR WEBSITE, APPS, SERVICES, AND THIRD PARY AFFIATES YOU AGREE TO ABIDE BY OUR PROTOCOL PRESENTED THROUGH THE SERVICE OR OTHERWISE AFFIRMATIVELY ACCEPTING THESE TERMS AND CONDITIONS, YOU ACKNOWLEDGE THAT YOU HAVE READ, ACCEPTED, AND AGREED TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE OUR SERVICE OR AFFILATED SERVICES.

ARBITRATION NOTICE: UNLESS YOU TIMELY OPT-OUT OF ARBITRATION IN ACCORDANCE WITH THESE TERMS AND CONDITIONS, YOU AGREE THAT DISPUTES BETWEEN YOU AND US OR YOU AND GROUPS OR PROVIDERS RELATED TO THESE TERMS AND CONDITIONS OR THE SERVICE WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHTS TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION LAWSUIT.

Please read this Agreement carefully because it sets forth the important terms you will need to know about the Service. In this Agreement, the terms “you” and “yours” refer to the person using the Service, or in the case of a use of the Service by or on behalf of a minor, “you” and “yours” refer to and include (a) the parent or legal guardian who provides consent to the use of the Service by such minor or uses the Service on behalf of the minor; and (b) the minor for whom consent is being provided or on whose behalf the Service is being utilized. Notwithstanding My Better Self Services and its website, apps and affiliated parties are not intended for individuals under the age of thirteen and individuals under the age of thirteen are prohibited from using all or any part of the Service or entering into this Agreement, even if a parent or legal guardian would be willing to provide consent to use of the Service or this 

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Acceptance of Terms and Conditions
Your access to and use of the Service is subject to you agreeing to the aforementioned terms, as well as all applicable laws and regulations. If you do not accept and agree to be bound by this Agreement in its entirety, you are strictly prohibited from visiting, accessing, registering with and/or using the Service or any information or Content provided through the Service, except as necessary to review this Agreement. The Service is continually under development, and we reserve the right to revise or remove any part of this Agreement or the Service in our sole discretion at any time and without prior notice to you. Any changes to this Agreement are effective upon posting to the Platform. Unless otherwise indicated, any new Content added to the Service is also subject to this Agreement upon posting to the Platform. If you disagree with this Agreement or any terms or conditions herein, your sole remedy is to discontinue your use of the Service. Your continued use after a change to this Agreement has been posted constitutes your acceptance of this Agreement as modified by such changes.

Your Relationship with MY Better Self
We make available to individuals who register as users of the Service (“Users”) certain products and services 
By accepting this Agreement, you acknowledge and agree that the Providers and My Better Self affiliates may send you messages, reports, and emails via the Service regarding suggestion or recommendations. You understand and agree that My Better Self is not responsible for the security or privacy of communications services you use to receive the messages, reports, and emails sent via the Service. 

Limited Use and Availability
Certain products available through the Service are subject to additional age restrictions, and not all products or services are available to all ages.
Duty to Provide Information, Access, and Connectivity

You are responsible for providing and maintaining, at your own risk, option and expense, appropriate software and hardware capabilities (consistent with any technical, quality or other requirements described in the Service) to enable use of the Service, including but not limited to, a computer or mobile device with a video camera and Internet access. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the Service. You also have a duty to provide truthful, accurate and complete information in any forms or other communications you submit to or through the Service. We reserve the right to change the access configuration, including any software, hardware or other requirements of the Service at any time without prior notice.

Privacy Policy
My Better Self understands the importance of confidentiality and privacy regarding your personal information. Please see our Privacy Policy for a description of how we may collect, use and disclose your personal information.

Protected Health Information
When you use any of the services offered at My Better Self, you are creating a direct customer relationship that enables you to access and utilize the various functions of the Service as a user. As part of that relationship, you provide information, including that may require, but not limited to your name, email address, shipping address and phone number for use and disclosed in accordance with our Privacy Policy.
You must exercise caution, good sense, and sound judgment in using the Service. You are prohibited from violating, or attempting to violate, the security of the Service.

Use and Ownership of the Service
The Service and the information and Content available through the Service are protected by copyright laws throughout the world. You agree that My Better Self and its suppliers own all rights, title and interest in the Service (including but not limited to, any computer code, themes, objects, concepts, photographs, product descriptions, blog posts, artwork, animations, sounds, musical compositions, audiovisual effects, methods, and documentation). You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service. 

In addition, in connection with your use of the Service, you agree you will not: (I) upload or transmit any message, information, data, text, software or images, or other content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or inappropriate with respect to race, gender, sexuality, ethnicity, or other intrinsic characteristic, or that may invade another’s right of privacy or publicity; (II) create a false identity or duplicative accounts for the purpose of misleading others or impersonate any person or entity. 

My Better Self may terminate your use of the Service or any of our features or services at any time and for any reason without notice, including, for example, for conduct violating this Agreement, if any or all of the agreements. 

Except as otherwise provided in the Privacy Policy or as required by applicable law (including any obligation to provide access to health records), we have no obligation, whether before or after the termination of your use of the Service, to return or otherwise provide to you or any third party on your behalf any Content, any information you provide to us, any information your Providers provided to us about or relating to you, or any other information that we may have that relates to you.

Summary Disclaimer
Content and other information contained on the Service is provided by MY Better Self as a convenience. Users relying on Content or other information from the Service do so at their own risk.

 

Privacy Policy

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This Privacy Policy describes how your personal information is collected, used, and shared when you visit, make a purchase from our website https://www.mybetterself.com or use any of our partnerships, links on our site, and our affiliates.

Personal Information we collect and keep in file.

When you visit the Site, we collect certain information about your device, including information about your web browser, IP address, time zone, location, connections, and some of the cookies that are installed on your device. Additionally, as you browse the Site, Apps and our affiliates, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically collected information as Machine, and or Device Information.”

We collect Device Information using the following technologies:

“Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps. https://en.wikipedia.org/wiki/Logging_(computing)

- “Web beacons,” “tags,” and “pixels” are electronic files used to record information about how you browse the Site. i.e https://en.wikipedia.org/wiki/Web_beacon

- “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit https://en.wikipedia.org/wiki/HTTP_cookie

Purchase Information - when you make a purchase, add to your cart, or attempt to purchase through the Site, we collect certain information from you, including your name, billing address, shipping address, payment information through site and our payment providers (including credit card numbers), email address, and phone number.

When we use the term “Personal Information” in this Privacy Policy, we mean Machine, Device Information, Tracking, and Order Information.

How could My Better Self and its affiliates use your personal information?

We use the Order Information that we collect generally to fulfill any orders placed through the Site (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations). Additionally, we use this Order Information to:

Communicate with you.

When in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.

We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), to improve and optimize our Platforms (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns).

We share your Personal Information with third parties to help us use your Personal Information, as described above. For example, we use Shopify to power our online store--you can read more about how Shopify uses your Personal Information here: https://www.shopify.com/legal/privacy. We also use Google Analytics to help us understand how our customers use the Site--you can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/. You can also opt out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.

We may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.

BEHAVIOURAL ADVERTISING

As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.

You can opt out of targeted advertising by:

COMMON LINKS INCLUDE:

FACEBOOK - https://www.facebook.com/settings/?tab=ads

GOOGLE - https://www.google.com/settings/ads/anonymous

BING - https://advertise.bingads.microsoft.com/en-us/resources/policies/personalized-ads

Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/.

 

DATA RETENTION

When you place an order through the Site, we will maintain your Order Information for our records unless and until you ask us to delete this information.

MINORS

The Site is not intended for individuals under the age of 18.

Important information:

PROHIBITED USE OF THE PRODUCTS AND SERVICES

By using the Products and Services you agree not to:

copy, store, reproduce, transmit, modify, alter, reverse-engineer, emulate, decompile, or disassemble the Products or Services in any way, or create derivative works of the Products or Services.

record the Services, including any coaching, therapy or psychiatry session;

use the Products or Services (or any part of them) to create any tool or software product that can be used to create software applications of any nature whatsoever;

upload, post, email, or otherwise send or transmit or introduce any material that contains software viruses, or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly with the Products or Services;

interfere with the servers or networks underlying or connected to the Products and Services or to violate any of the procedures, policies or regulations of networks connected to the Products or Services;

access the Products or Services in an unauthorized manner, including in violation of any local, state, national or international law

circumvent any territorial restrictions applied to the Products or Services;

perform any fraudulent activity including impersonating any other person or entity while using the Products or Services;

offensively conduct yourself while using the Products or Services (including, but not limited to, bullying, harassing, or using hate speech or degrading comments about things like race, religion, culture, sexual orientation, gender or identity, age, disability, or serious disease);

use the Products or Services for any illegal, immoral or harmful purpose (including, without limitation, unlawful, harassing, libelous, invasion of another’s privacy, abusive, threatening or obscene purposes);

use the Products or Services for any purposes related to scientific research, analysis or evaluation of the Products or Services without the express written consent of My Better Self ;

 

• rent, lease, loan, make available to the public, sell or distribute the Products or Services in whole or in part or use the Products or Services except for your own personal use;

• violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right;

• sell or otherwise transfer access granted under these Terms or any Materials (as defined below) or any right or ability to view, access, or use any Materials; or

• attempt to do any of the acts described in this Section or as otherwise prohibited by these Terms or assist or permit any person in engaging in any of the acts described in this Section or otherwise as prohibited by the Terms.

• We reserve the right to immediately terminate your access to or use of our Products or Services if we believe, in our sole discretion, that you exhibit such behavior or you violate or attempt to violate any laws or breach these Terms.

• By breaching the provisions of this Section, you may commit a criminal offense under Applicable Law. We may report any such breach to the relevant law enforcement authorities and we may cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Products and Services will cease immediately.

• We reserve the right to contact emergency services to the extent that we believe, at our sole discretion, that you pose an imminent threat of harm to yourself, to property, or to another person.

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MATTERS OF OWNERSHIP

Subject to the limitations set forth in these Terms, My Better Self  grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to stream, download and make personal non-commercial use of the Products and Services. The Products, including the source code for the Products and any information derived therefrom, is proprietary to, and constitutes the intellectual property (including without limitation a valuable trade secret) of My Better Self  and its licensors and suppliers.

 

COPYRIGHT

(a) All materials (including but not limited to software and content whether downloaded or not) contained in the Products and Services (“Materials”), are owned by My Better Self  (or our affiliates and/or third-party licensors, where applicable), unless indicated otherwise. The Materials are valuable property and other than any specific and limited license for use of such Materials, you will not acquire any ownership rights in or to such Materials. The Materials may not be used except as provided for in these Terms, and any other relevant terms and conditions provided to you, without our prior written consent. ‍

 

(b) Materials on or in the Products or Services are the property of My Better Self or third-party licensors and, without prejudice to any other rights and remedies available, each such licensor has the right to directly enforce relevant provisions of Section 11 against you. ‍

(c) Audio or video content from My Better Self not explicitly indicated as downloadable may not be downloaded or copied from the Products, Services or any Device. ‍‍

(d) The Products and Services are not intended for your commercial use. Commercial advertisements, affiliate links, and other forms of solicitation may be removed by us without notice and may result in the termination of privileges. You must not use any part of the Materials for commercial purposes without obtaining a written license to do so from us. Materials may not be copied or distributed, or republished, or transmitted in any way, without our prior written consent. Any unauthorized use or violation of these Terms immediately and automatically terminates your right to use the Products and Services and may subject you to legal liability. Appropriate legal action may be taken for any illegal or unauthorized use of the Products or Services. ‍‍

(e) You may not otherwise download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials in the Products or Services. If you make other use of the Products or Services, or the content, code, data or materials thereon, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. My Better Self will enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution. ‍

My Better Self ®, the My Better Self logo and all other My Better Self product or service marks are trademarks of My Better Self . All intellectual property, other trademarks, logos, images, product and company names displayed or referred to on or in the Products and Services are the property of their respective owners. Nothing grants you any license or right to use, alter or remove or copy such material. Your misuse of the trademarks displayed or referred to on or in the Products and Services is strictly prohibited. My Better Self will enforce its trademark rights to the fullest extent of the law, including the seeking of criminal prosecution.

By granting you the right to use the Products or Services, the My Better Self Entities (as defined in Section 15) do not assume any obligation or liability with respect to your health or your physical activity or condition. In no event will the My Better Self or its Entities be liable for any death or bodily injury that you suffer, or that you cause to any third party, in connection with your use of the Products or Services or any activity you undertake in connection therewith. As between you and the My Better Self its Entities, you are solely responsible for your use of the Products and Services and your health and medical conditions and treatment related thereto. The My Better Self Entities will have no liability for any unauthorized disclosure of your personally identifiable information caused by your actions or omissions.

Except as otherwise expressly set forth in this Agreement, you Agree to the following.  

MEDICAL DISCLAIMER

(A) IF YOU ARE IN NEED OF OR ARE SEEKING MEDICAL TREATMENT, YOU SHOULD CONTACT YOUR HEALTHCARE PROVIDER. IF YOU ARE HAVING THOUGHTS OF HARMING YOURSELF, PLEASE CALL OR TEXT 988, THE SUICIDE AND CRISIS LIFELINE, AND IF YOU ARE EXPERIENCING A MEDICAL OR MENTAL HEALTH EMERGENCY, PLEASE CONTACT 911 (OR YOUR LOCAL EQUIVALENT) OR GO TO THE NEAREST EMERGENCY ROOM.

 

MY BETTER SELF IS NOT A LICENSED MEDICAL CARE PROVIDER; DOES NOT PROVIDE MEDICAL TREATMENT, ADVICE, OR DIAGNOSIS; HAS NO EXPERTISE IN DETERMINING THE EFFECT OF ANY SPECIFIC TREATMENT ON A MEDICAL CONDITION; AND IS NOT YOUR HEALTHCARE PROVIDER.

 

MY BETTER SELF IS NOT AND DOES NOT PROVIDE 911 OR OTHER EMERGENCY SERVICES AND MAY NOT CONTACT YOU OR ANYONE ON YOUR BEHALF to YOUR MEDICAL CONDITION OR TREATMENT.

ANY WRITTEN MATERIAL PROVIDED BY MY BETTER SELF AND NOT BY ITS AFFILIATED MEDICAL PROVIDERS THROUGH THE PRODUCTS AND SERVICES IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO REPLACE THE RELATIONSHIP BETWEEN YOU AND YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER.

YOU SHOULD ALWAYS CONSULT A PHYSICIAN IF YOU HAVE ANY QUESTIONS REGARDING MEDICAL CONDITION.

NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ OR RECEIVED USING THE PRODUCTS AND SERVICES.

MY BETTER SELF ENTITIES ASSUME NO LIABILITY CONCERNING ANY SURVEY OR RESEARCH/MEDICAL PROGRAM OR STUDY WITH WHICH YOU MAY BE USING THE PRODUCTS OR SERVICES; AND

 

THE MY BETTER SELF ENTITIES ARE NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, EFFECTIVENESS, OR CORRECT USE OF INFORMATION YOU RECEIVE THROUGH OR AS GENERATED BY THE PRODUCTS.