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WEBSITE TERMS + CONDITIONS

LAST UPDATED: May 12, 2020

 

INTRODUCTION

 

Welcome to www.bybsandthrive.com. This Website is owned and operated by Be Your Best Self and Thrive Counseling, PLLC  d/b/a BYBS+ Thrive (“BYBS”). By visiting our Website and any related media owned and operated by BYBS, its parent, subsidiary, or related companies, or accessing the information, resources, services, products, and tools we provide, you understand and agree to accept and adhere to the following terms and conditions as stated herein (“User Agreement”), along with the terms and conditions set forth in our Privacy Policy.

 

We reserve the right to change this User Agreement from time to time. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such changes will constitute acknowledgment and agreement of the modified terms and conditions. Please look at the top of this page for the last updated date.

 

Please read these terms carefully, as they impact your legal rights, including how you may resolve disputes.

 

RESPONSIBLE USE AND CONDUCT; PROHIBITED USE

 

By visiting our Website and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (“Resources”), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines.

 

You understand and agree to the following terms and conditions for use of our Website:  

 

  • You agree that any information you provide will always be accurate, correct, and up to date.

  • You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account(s).

  • Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You expressly agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.

  • Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.

  • Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.

  • To the fullest extent permitted by law, you are solely responsible any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.

 

We may provide various open communication tools on our Website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our Website, then it is your personal responsibility to use these tools in a responsible and ethical manner.

 

By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share or otherwise distribute any content that:

 

  • Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;

  • Infringes on any trademark, patent, trade secret, copyright, or another proprietary right of any party;

  • Contains any type of unauthorized or unsolicited advertising;

  • Impersonates any person or entity.

 

You agree not to use the Website or our Resources to:

 

  • upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data;

  • harvest, collect, gather, or assemble information or data regarding other users, including e-mail addresses, without their consent;

  • interfere with, disrupt, or create an undue burden on servers or networks connected to the Site including via means of overloading, “flooding”, “mailbombing” or “crashing” the Site, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under this User Agreement;

  • attempt to gain unauthorized access to the Website, other computer systems or networks connected to or used together with the Service, through password mining or other means;

  • tamper with any copyright protection mechanisms applicable to content on the Website;

  • introduce software or automated agents or scripts to the Website so as to produce multiple accounts, generate automated searches, requests and queries, or to strip, scrape, or mine data from the Website (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials);

  • automate what are otherwise manual or one-off procedures;

  • inflate streamers view counts; or

  • frame portions of the Website within another Website.

 

We have the right at our sole discretion to remove any content that we feel, in our sole judgment, does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any third-party copyrights or trademarks. If you post content that we choose to remove, you hereby consent to such removal.

 

We do not assume any liability for any content posted by you or any other third-party users of our Website.

 

USE OF BYBS BY MINORS AND BLOCKED PERSONS

 

Personal information about or obtained from a child will not be used for commercial or trade purposes without the prior written consent of a parent or legal guardian of the child. For more information on BYBS’ compliance with COPPA and data collection for minors, please see the BYBS’ Privacy Policy.

 

BYBS respects the privacy concerns of the users of its Sites. As a general policy, no personal information is automatically collected from users of its Sites. However, certain non-personal information is recorded by the standard operation of BYBS’ Internet servers. Information, such as the type of browser being used, its operating system, and your domain name is gathered in order to customize your online experience. Other uses of this information include internal review of the number of users to the Sites, but only in an aggregate and non-personally-identifiable form.

 

Personally identifiable information that may be collected in connection with your account is retained by BYBS and is not sold or otherwise transferred outside the company without your prior consent. This information may be used to better understand your use of the Sites and to support advertising transactions made on the Sites.

 

FOR PARENTS CONCERNING PRIVACY

 

On the Sites specifically designed for children, BYBS requires children to consult with their parents before furnishing data. However, BYBS believes that parents should supervise their children's online activities and consider using parental control tools available from online services and software manufacturers that may help provide a child-friendly online environment. These tools may also prevent children from disclosing online their name, address, and other personal information without parental permission. Personal information about or obtained from a child will not be used for commercial or trade purposes without the prior written consent of a parent or legal guardian of the child.

 

Users who have been previously blocked or terminated from accessing the BYBS Website are not allowed to access BYBS services, even if under a different account.

 

INDEMNIFICATION

 

You agree to indemnify and hold harmless BYBS and any of its parent companies, subsidiaries, and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. To the fullest extent permitted by law, we reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.

 

While BYBS uses reasonable efforts to include accurate and up to date information in the Site, BYBS makes no warranties or representations as to its accuracy. BYBS assumes no liability or responsibility for any errors or omissions in the content of the Site.

 

DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE

 

Materials may be made available via the Website by third parties not within our control. We are under no obligation to, and do not, scan content posted on the Website for the inclusion of illegal or impermissible content.

 

However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Website.

 

If you believe any materials on the Website infringe a copyright, you should provide us with written notice that at a minimum contains:

 

  • 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 at a single online site 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 us to locate the material;

  • Information reasonably sufficient to allow us 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; and

  • 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.

 

All DMCA notices should be sent via email to info@bybsandthrive.com and by USPS mail to our designated agent as follows:

 

Jamie Molnar

2961 1st Ave N

St. Petersburg, FL

33713

 

It is our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.

 

TRADEMARKS

 

BYBS, the BYBS logo, and any other product or service name, logo, or slogan used by BYBS and the look and feel of the BYBS products and services, including all page headers, custom graphics, button icons, and scripts are the trademark or trade dress of Be Your Best Self and Thrive Counseling, LLC and may not be used in whole or in part in any manner that is likely to cause confusion among customers or in any manner that discredits BYBS, without our prior written permission.

 

All other trademarks referenced in our services are the property of their respective owners.  References on our site to any products, services, processes or other information by trade name, trademark, manufacturer, supplier, or otherwise do not constitute or imply endorsement, sponsorship, or recommendation thereof by us or any other affiliation.

 

UPLOADING CONTENT TO BYBS

 

BYBS uses reasonable security measures to protect User Information you submit via our Website or otherwise against unauthorized access.  However, BYBS does not and cannot guarantee that any unauthorized access of User Information by third parties via cyberattacks, ransomware or other means will not occur.  To the furthest extent permitted by applicable law, you hereby agree that BYBS shall not be liable for any access to your User Information by third parties and release and forever waive any claims you may have against BYBS for any such unauthorized access of your User Information.  THE SECURITY MEASURES TO PROTECT USER INFORMATION USED BY BYBS HEREIN ARE PROVIDED “AS-IS,” AND WITH NO WARRANTIES, GUARANTEES, CONDITIONS, OR ASSURANCES THAT SUCH SECURITY MEASURES WILL WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR THAT THERE WILL BE NO CIRCUMVENTION OF SUCH SECURITY MEASURES.

 

PRIVACY

 

Your privacy is very important to us, which is why we’ve created a separate Privacy Policy and Notice of HIPAA Privacy Practices in order to explain in detail how we collect, manage, process, secure, and store your private information. Our Privacy Policy is included under the scope of and incorporated by reference into this User Agreement. To read our Privacy Policy in its entirety, click here. To read our Notice of HIPAA Privacy Practices in its entirety, click here.

 

LIMITATION OF WARRANTIES

 

TO THE FULLEST EXTENT PERMITTED BY LAW, BY USING OUR WEBSITE, YOU UNDERSTAND AND AGREE THAT ALL RESOURCES WE PROVIDE ARE “AS IS” AND “AS AVAILABLE.” THIS MEANS THAT WE DO NOT REPRESENT OR WARRANT TO YOU THAT:

 

  • THE USE OF OUR RESOURCES WILL MEET YOUR NEEDS OR REQUIREMENTS.

  • THE USE OF OUR RESOURCES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE FROM ERRORS.

  • THE INFORMATION OBTAINED BY USING OUR RESOURCES WILL BE ACCURATE OR RELIABLE, AND

  • ANY DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY RESOURCES WE PROVIDE WILL BE REPAIRED OR CORRECTED.

 

FURTHERMORE, YOU UNDERSTAND AND AGREE THAT:

 

  • ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR RESOURCES IS DONE AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR OTHER DEVICES FOR ANY LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OF SUCH CONTENT.

  • TO THE FULLEST EXTENT PERMITTED BY LAW, NO INFORMATION OR ADVICE, WHETHER EXPRESSED, IMPLIED, ORAL, OR WRITTEN, OBTAINED BY YOU FROM BYBS OR THROUGH ANY RESOURCES WE PROVIDE SHALL CREATE ANY WARRANTY, GUARANTEE, OR CONDITIONS OF ANY KIND, EXCEPT FOR THOSE EXPRESSLY OUTLINED IN THIS USER AGREEMENT.

 

LIMITATION OF LIABILITY

 

TO THE FULLEST EXTENT PERMITTED BY LAW, IN CONJUNCTION WITH THE LIMITATION OF WARRANTIES AS EXPLAINED ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT ANY CLAIM AGAINST US SHALL BE LIMITED TO THE AMOUNT YOU PAID, IF ANY, FOR USE OF PRODUCTS AND/OR SERVICES. BYBS WILL NOT BE LIABLE FOR ANY, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY LOSS OR DAMAGES WHICH MAY BE INCURRED BY YOU AS A RESULT OF USING OUR RESOURCES, OR AS A RESULT OF ANY CHANGES, DATA LOSS OR CORRUPTION, CANCELLATION, LOSS OF ACCESS, OR DOWNTIME TO THE FULL EXTENT THAT APPLICABLE LIMITATION OF LIABILITY LAWS APPLY.

 

TERMINATION OF USE

 

You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our Website and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent, or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information, to the extent permitted by applicable law.

 

GOVERNING LAW

 

This Website is controlled by BYBS from our offices located in the state of Florida, USA. It can be accessed by most countries around the world. As each country has laws that may differ from those of Florida, by accessing our Website, you agree that the statutes and laws of Florida, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this Website and the purchase of any products or services through this site.

 

Furthermore, to the fullest extent permitted by law, any action to enforce this User Agreement shall be brought in the federal or state courts with jurisdiction in Pinellas County, Florida you hereby agree to personal jurisdiction by such courts and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

 

NO GUARANTEE

 

TO THE FULLEST EXTENT PERMITTED BY LAW, UNLESS OTHERWISE EXPRESSED, BYBS EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

 

INTERNATIONAL USE

 

We control and operate the Website from the United States, and all information is processed within the United States. We do not represent that materials on the Website are appropriate or available for use in other locations. You agree to comply with all applicable laws, rules, and regulations in connection with your use of the Website. You represent that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and you are not listed on any U.S. Government list of prohibited or restricted parties.

 

IDEA SUBMISSION

 

By submitting ideas, suggestions, documents and/or proposals to BYBS or its employees, you acknowledge and agree that BYBS shall be entitled to use or disclose those ideas, suggestions, documents and/or proposals for any purpose in any way without providing compensation or credit to you.

 

CONTACT INFORMATION

 

If you have any questions or comments about these our Terms of Service as outlined above, you can contact us by email at info@bybsandthrive.com

 

REVISIONS

 

BYBS may at any time revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the current Terms and Conditions to which you are bound.

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