The following Terms Of Use are entered into by and between The Viewer (“you”, “your”) and Behave Your Best LLC (“the Company”, “we”, “our”, or “us”). 

The following Terms Of Use, together with any documents they expressly incorporate by reference (known collectively throughout this document as “Terms Of Use”), govern your access to and use of behaveyourbest.com (“the Website”), including any content, functionality, and Services offered on or through the Website, whether as a guest or a registered user. 

Binding Agreement

The following Terms Of Use are a binding legal contract between you and the Company. Please read these Terms Of Use carefully before you start to use the Website. By using the Website you accept and agree to be bound and abide by these Terms Of Use and our Privacy Policy. If you do not agree to these Terms Of Use including the agreements incorporated by reference herein, you must not access or use the Website. 

Changes To Terms Of Use

At our sole discretion, we may revise and update these Terms Of Use at any time. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. The most current version of these Terms Of Use will supersede all previous versions. Your continued use of the Website following the posting of revised Terms Of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you. 

Rules of Conduct

This Website and Services are offered and available to users who are 18 years of age or older. By using the Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website. We do not knowingly collect personal information from children under 18. If you are under 18, do not use or provide any information on the Website or on or through any of its features, register on the Website, make any purchases through the Website, use any of the interactive or public comment features of the Website, or provide any information about yourself to us, including but not limited to your name, address, telephone number, email address, or any screen name or user name you may use. 

If we learn we have collected or received personal information from a child under 18 without verification of parental consent, we will delete that information. If you believe we have any information from or about a child under 18 without the permission of a legal parent or guardian, please contact us at info@behaveyourbest.com.

By using the Website, you explicitly agree that; (a) you will not provide any content or conduct yourself in any way that may be construed as: unlawful; illegal; threatening; harmful; abusive; harassing; stalking; tortious; defamatory; libelous; vulgar; obscene; offensive; objectionable; pornographic; designed to interfere with or disrupt the operation of the Website or any product or service provided; infected with a virus or other destructive or deleterious programming routine; giving rise to civil or criminal liability; or in violation of an applicable local, national or international law; (b) you will not impersonate or misrepresent your association with any person or entity; you will not forge or otherwise seek to conceal or misrepresent the origin of any content provided by you; (c) you will not collect or harvest any information about other users; (d) you will not provide, and you will not use the Website to provide, any content or service in any commercial manner, or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising or commerce; you will not use the Website to promote or operate any service or content without our prior written consent; (e) you will not provide any content that may give rise to us being held civilly or criminally liable, or that may be considered a violation of any local, national or international law, including, but not limited to, laws relating to copyrights, trademarks, patents, or trade secrets.

You agree that the Website may expose you to content that may be objectionable or offensive. We shall not be responsible to you in any way for content displayed on the Website which you deem to be offensive or objectionable, nor for any error or omission.

We may, in our absolute discretion, restrict, suspend, or terminate your access to and use of the Website, with or without prior notice.

Intellectual Property

We reserve all rights to the Website and its contents, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that we may have in respect of the Website, its content, and goods and Services that may be provided. 

When purchasing any digital product or Service on the Website or through affiliates and any third party payment processor: 

By purchasing a digital product from the Website, you agree to pay the listed price in full. All sales are final, there are no refunds, and the Company does not offer any money-back guarantees. You recognize and agree that you shall not be entitled to a refund for any purchase under any circumstances.

Upon payment, you are granted non-exclusive, non-transferable rights to use any digital content for your personal, non-commercial use. You understand that you may copy, store and transfer digital content and downloads for personal use only. You agree not to infringe the rights of the digital content’s copyright owner and agree not to redistribute, sell, or transfer the content. This digital content and downloads are the intellectual property of the Company and is protected by law. 

By making the Website and its content available to you, we are not providing you with any implied or express licenses or rights, and you will have no rights to make any commercial use of the Website and its content without our prior written consent. 

You may not use the Website or any of the resources available for download from the Website in any manner that could damage, disable, overburden, or impair the Website. 

You agree to observe and abide by all copyright laws and understand that all content on the Website is protected by copyright and other laws that protect intellectual property. 

You will not modify, publish, sell, create derivative works, or in any way exploit any of the Website content. 

The Company name, the Company logo, the Company slogan, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company. You must not use such marks without the prior written permission of the company. 

Indemnification

You agree to indemnify, defend, and hold harmless the Company, and its representatives, subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders, and third parties from any claim or demand, including reasonable legal fees, that may be filed by any third party, arising out of your conduct or connection with the Website or Service, your provision of content, your inability to use the Website, any user postings by you, your violation of any of these Terms Of Use, any other violation by you of the rights of another person or party, or your violation of any applicable laws, rules, or regulations. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses.

Disclaimer Of Warranties And Limitation Of Liability

You agree to use the Website at your own discretion and absolve the Company of any liability or loss that you or any person associated with you may suffer. You agree that the Company shall not be liable for any type of loss or damages. You understand and agree that your use of the Website and related Services is at your own risk. The Website and related Services are provided to you “as is” and “as available”, and we expressly disclaim all conditions, representations and warranties not expressly set out in these Terms Of Use to the fullest extent permitted by law.

You understand and agree that we reserve the right to modify or discontinue any provision of the Website and related Services, and to remove the data you provide, either temporarily or permanently, at any time, without notice and without any liability towards you. You further agree the Company will not be held responsible or liable for timeliness, removal of information, failure to store information, inaccuracy of information, or improper delivery of information.

We make no warranty, either implied or expressed, that any part of the Website will be uninterrupted, error-free, virus-free, timely, secure, accurate, reliable, or of any quality, nor is it warranted either implicitly or expressly that any content is safe in any manner for download. The information contained on the Website and the resources available for download through the Website are provided for informational and educational purposes only and is not intended as, and shall not be understood or construed as medical, health, consultative, clinical, or therapeutic advice.  

Please contact us directly if the Website is not working properly. It is your responsibility to ensure you follow installation instructions for accessing the Website and related Services, have the minimum system requirements, update software as recommended, and contact us directly if you encounter a problem with the Website.

We shall not be liable for delay or failure in performance for causes beyond our control or any other damage which does not result from a breach of our obligations under these Terms Of Use.

We are not liable for business losses. The Website and its content is intended for your personal, non-commercial, and domestic use. If you use the Website for any other purpose we will have no liability to you for any loss of profit, loss of business, business interruption, loss of business opportunity or similar loss.

You expressly understand and agree that we will not be liable for any direct, indirect, special, incidental, consequential or exemplary damages; this includes, but is not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from (i) the use of the Website or the inability to use the Website, (ii) the cost of obtaining substitute goods and/or services resulting from any transaction entered into or through the Website, (iii) unauthorized access to or alteration of your data transmissions, (iv) statements by any third party or conduct of any third party using the Website, or (v) any other matter relating to the Website.

Governing Laws

The Website is controlled, operated and administered by the Company located in the State of Minnesota, USA. If you access the Website from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Company content accessed through the Website in any country or in any manner prohibited by any applicable laws, restrictions or regulations. 

If any Terms of Use shall be unlawful, void, or for any reason unenforceable then that provision shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions.

In the event that any provision of these Terms of Use is deemed to conflict with legislation by a court with jurisdiction over the parties, the said provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of Use will remain valid and applicable. The failure of either party to assert any right under these Terms of Use will not be considered to be a waiver of that party’s right, and the said right will remain in full force and effect. You agree that any claim or cause in respect of the Website must be filed within one (1) year after such claim or cause arose, or the said claim or cause will be forever barred, without regard to any contrary legislation. In no event shall our total liability to you for all damages, losses and causes of action exceed six hundred US dollars (US $600). 

These Terms of Use and any dispute arising out of your use of the Website provided will be governed by and construed in accordance with federal laws and the laws of the State of Minnesota. By submitting information via the Website, or by using the Website, you accept that jurisdiction is granted to the courts in the State of Minnesota, Hennepin County, and that any disputes will be heard by the said courts.

Entire Agreement​

Unless otherwise specified herein, these Terms Of Use, along with the Privacy Policy, constitutes the entire agreement between you and the Company with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and the Company with respect to the Website. A printed version of these Terms Of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms Of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Contact Us

Please direct any questions, complaints or comments related to the Website, our Privacy Policy, or these Terms Of Use to info@behaveyourbest.com or by calling 612-224-1051.

Effective as of October 18, 2023