Learn to Live Inc. (“we”, “us”, “our” or the “Company”) operates the site located at www.bdpfa.friendlybeacon.com and other online platforms (collectively the “Site”) providing, among other services, self-help information and skill development based on the fundamentals of Cognitive Behavioral Therapy to educate people with social anxiety, depression, insomnia, stress, substance use, and related issues and various Community Forums, as defined and addressed below (each a “Service” and collectively “Services”). The Site and the Services should be regarded as a general approach to self-development and not as professional medical advice, diagnosis or treatment.
Applicability
By accessing and using the Site, any portion of the Site, or any Service, you agree to be bound by these Terms of Use and all applicable laws and regulations governing the Site. If you do not agree with the Terms of Use, you are not authorized to access or use the Site or use a Service for any purpose. Additional terms and conditions applicable to specific areas of the Site or to particular transactions are also posted in particular areas of the Site and, together with these Terms of Use, govern your use of those areas. If you do not agree with any of these additional terms and conditions, you are not authorized to access or use those areas of the Site.
Use of the Site
The Company grants you permission to use the Site for your personal, non-commercial purposes. Your use of the Site is further limited as follows:
- You agree not to use the Site for unlawful purposes, and you agree to comply with all applicable laws, rules and regulations while using the Site.
- You agree not to use the Site for any commercial purposes, including any advertisement, commercial solicitation, or promotion of any specific goods or services.
- You agree not to collect or use any information or other data available via the Site inappropriately.
- You may not distribute, modify, copy (except as set forth in these Terms of Use), transmit, display, reuse, reproduce, publish, license, create derivative works from, transfer, translate, sell, reverse engineer, decompile or disassemble, or otherwise use the Site or the Content (as defined herein), except as specifically authorized in the Terms of Use, without the Company’s written permission.
- You agree not to use the Site to post or transmit any threatening, harmful, false, misleading, abusive, harassing, libelous, defamatory, vulgar, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.
- You agree not to use the Site to advertise or perform any commercial solicitation, or otherwise exploiting for any commercial purposes any portion of, use of or access to the Site.
- You agree not to incorporate any code into the code of the Site or to use the Site to post or transmit (or to use in connection with the Site) any virus, worm, Trojan Horse, time bomb, spyware, bot, tracking device, screen scraping software or other computer code, file or program that is harmful or invasive or is intended to damage or hijack the operation of, or to monitor the use or operation of the Site or any user of the Site.
- You agree not to use any robot, screen scraper, spider, or other automated means to access or gather Content from the Site or mirror, co-brand, or frame any pages on the Site, in conjunction with any screen scraping software. For purposes of these Terms of Use, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute the Site or its Content.
- You agree not to restrict or inhibit any other person from use of the Site. You agree not to interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available, or violate any requirements, procedures, policies or regulations of such networks.
- You agree not to use the Site to harvest or collect personally identifiable information about users of the Site.
- You agree not to use the Site to disrespect the privacy or views of others.
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- You agree not to post material on the Site that infringes on the copyright or other intellectual property rights of others, or the privacy, publicity, or other personal rights of others.
User Representation
You represent and warrant that you are at least 13 years of age or older. If you are age 13 or older but under the age of 18, you should review these Terms of Use with your parent or guardian. If you are age 13 or older, your parent or guardian must understand and agree with these Terms of Use and consent to your use of this Site in accordance with these Terms of Use.
Changes in Terms of Use
We reserve the right to modify these Terms of Use at any time. Your use of the Site following any such modification constitutes your agreement to follow and be bound by the Terms of Use as modified. The last date these Terms of Use were revised is noted at the end of these Terms of Use.
Medical Advice
The text, graphics, images, videos, and other material contained on the Site (excluding Submissions, as defined below) are referred to as the “Content.” The Content is for informational and skill development purposes only. The Content should be regarded as a general approach to self-development and is not intended to be a substitute for professional medical advice, diagnosis, or treatment. The Site is not designed to treat clinical levels of mental health disorders. The diagnosis and treatment of mental health disorders requires a medical practitioner or qualified mental health practitioner. People seeking a diagnosis or treatment of mental health disorders should consult a medical practitioner or mental health professional. This Site and the Services do not constitute the practice of any medical, nursing or other professional health care advice, diagnosis or treatment.
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If you think you may have a medical emergency, call your doctor or 911 immediately. The Company does not recommend or endorse any specific tests, providers (including, but not limited to, hospitals and physicians), products, procedures, or other information that may be mentioned on the Site. Any opinions expressed on the Site are the opinions of the individual author, not of the Company. Reliance on any information provided by the Company, its employees, others appearing on the Site at the invitation of the Company, or other visitors to the Site is solely at your own risk.
Communications between you and the Company are subject to the provisions by our Privacy Policy, but are not protected by any healthcare provider-patient privilege or confidentiality laws applicable to healthcare providers. We cannot provide medical advice and can only provide self-help services at your specific direction.
License to Use
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Intellectual Property
The Service, the Site, and the Content are protected by U.S. and international copyright, trademark and other laws, and belong to the Company or its partners, affiliates, contributors or licensors. This protection includes the use of the trademark name “Learn to Live” and the Learn to Live logo. The use or misuse of the Content, except as provided in these Terms of Use or in any additional terms and conditions applicable to specific areas of the Site, is strictly prohibited. You may use the Site, the Service and the Content solely for your personal, non-commercial use as follows: You may print copies of the information on the Site for your personal, non-commercial use, or store the files on your computer for personal, noncommercial use. You may not otherwise copy, distribute or display any Content without express written consent from the Company. Subject to the limited license granted herein, we reserve all right, title and interest in all Content. If any portion of the Terms of Use is violated, the limited license for your usage of this Site is revoked, and all Content in your possession must be deleted or destroyed.
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Registration and Account-Holder Obligations
Users of this Site may choose to set up an account to access certain functionality of the Site. To participate in a Community Forum (as defined and addressed below) each user must register with the Site and setup login credentials as instructed on the Site. Users will be asked to supply personally identifiable information when opening an account or registering with the Site. Failure to comply with these Terms of Use could result in the termination of the user’s account.
Community Forums
The Site may contain chat areas and online forums, which may be organized by subject matter (each a “Community Forum” and collectively “Community Forums”), designed to enable you to post Submissions (as defined below) and communicate with other users of a Community Forum. By using a Community Forum, users agree to adhere to our Community Code of Conduct, found by clicking here. Users of a Community Forum must exercise common sense and courtesy in submitting comments, messages, and materials (each a “Submission” and collectively “Submissions”) to, and otherwise participating in, a Community Forum and agree to use Community Forums only to post Submissions that are proper and related to the particular Community Forum and adhere to our Community Code of Conduct. By way of example, and not as a limitation, you agree that when using a Community Forum, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others including, without limitation, engaging in activity that incites discrimination, hate or violence towards a person or group.
- Post any inappropriate, profane, obscene, indecent or unlawful topic or Submission.
- Promote or provide instructional information about illegal activities.
- Post any Submission that violates any copyright, trademark, patent, trade secret, confidentiality obligation, or other intellectual property or proprietary right of any party.
- Upload files (or other Submissions) that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or network.
- Spam, solicit, advertise, or offer to sell or buy any goods or services.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Post any Submissions that are false or misleading or employ a false identifier to impersonate any person or entity or to disguise the true origin of any Submissions.
- Restrict or inhibit any other user from using a Community Forum.
- Harvest or otherwise collect information about others, including email addresses, without their consent.
- Violate any applicable laws or regulations.
Company may, directly or through a service provider, monitor the Community Forums. Company, directly or through a service provider, reserves the right to review Submissions posted to a Community Forum and to remove any Submissions, in whole or in part, in its sole discretion. Company reserves the right to terminate your access to the Site, Services, Content, Submissions, and any or all of the Community Forums at any time without notice for any reason whatsoever. Company may, directly or through a service provider, respond to Submissions in a Community Forum and take all actions it considers necessary based on a Submission, which may include, without limitation, contacting a user by phone or email. Company reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request. Company further reserves the right to edit or refuse to post any Submission, in whole or in part, in Company’s sole discretion. We highly discourage you from providing any personally identifying information about yourself in any Community Forum.
Submissions are not to be relied on as professional medical advice, diagnosis or treatment. Company does not control, endorse, approve, or recommend any Submission and inclusion in a Community Forum should not be considered an endorsement, approval, or recommendation. The views expressed in a Submission are those of the individual who posted the Submission and should not be considered as representing the views of the Company. Company specifically disclaims any liability with regard to the Community Forum and any actions resulting from your participation in any Community Forum.
By participating in a Community Forum, you agree to receive email notifications when a user posts a Submission in the Community Forum and other communications relating to Community Forums and Submissions. Users may control the email notification settings in the user’s account settings once logged into the Site.
User Supplied Material
If you supply any comments, information or material via the Site, you guarantee to us that you have the legal right to supply such material and that it will not violate any law or the rights of any person or entity. You further agree that all information or material you supply to us through the Site, including business information, ideas, concepts, or inventions, shall be deemed and shall remain our property, and you hereby assign to the Company all right, title, and interest in and to any such information or material, without any restriction or obligation to you.
Disclaimer of Warranties
You agree to assume total responsibility and risk for your use of the site, the service and the content. The company makes no express or implied warranties, representations or endorsements whatsoever with respect to the site, the service or the content. The company expressly disclaims all warranties, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement with regard to the site, the service, and the content. The company does not warrant that the functions performed by the site or the service will be uninterrupted, timely, secure or error-free, free of viruses or other malicious code, or that defects in the site or the service will be corrected. The company does not warrant the accuracy, currency, or completeness of the content, or that any errors in the content will be corrected. The site, the service and the content are provided on an “as is” and “as available” basis.
The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.
Limitation of Liability
YOU UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, GOVERNORS OR DIRECTORS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE, THE SERVICE, OR THE CONTENT, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, THE SERVICE, THE CONTENT, OR THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE COMPANY IS NOT LIABLE TO ANY USER OR PERSON FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE UPON INFORMATION OR CONTENT DISPLAYED OR PROVIDED IN THIS SITE.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE COMPANY’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT COMPANY'S LIABILITY SHALL, IN NO EVENT, EXCEED $1,000.00.
ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OF USE, THIS SITE, THE SERVICE OR CONTENT MUST BE BROUGHT WITHIN ONE YEAR OF THE EVENT FROM WHICH THE CLAIM AROSE. COMPANY SHALL HAVE NO LIABILiTY FOR CLAIMS NOT ASSERTED DURING THIS PERIOD.
Indemnification
You understand and agree that you are personally responsible for your behavior on the Site and for your use of the Content and any Submissions. You agree to indemnify, defend and hold harmless the Company, its subsidiaries, affiliated companies, joint venturers, business partners, providers, licensors, employees, agents, and any third-party information providers from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use of or inability to use the Site, the Service, the Content, or the Submissions, any violation by you of these Terms of Use, or any activity related to your user account (including negligent or wrongful conduct) by you or any other person accessing the Site, Service, Content, or Submissions through your user account.
Errors and Inaccuracies
The information in the Site may contain typographical errors or other errors or inaccuracies and may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We do not, however, guarantee that any errors, inaccuracies or omissions will be corrected.
Charges and Billing
In connection with your access to or use of certain areas of this Site, purchase of products offered through this Site, or the Service, you may be responsible for providing a valid credit card number, expiration date, and card security code from the back of the card at the time you purchase a product or service. You represent and warrant that you are an authorized user of such credit card, and you agree to pay all charges resulting from your purchase of the products or services on this Site at the charges then in effect, including any unauthorized charges incurred prior to your notifying us of such charges. You agree that the Company may provide your credit card information and related personal information to its designated service provider(s) for its use in charging you for appropriate products or services. All charges include sales tax where applicable and any other applicable taxes related to the purchase of the products or services. We reserve the right to modify prices, fees, or institute new charges at any time with at least 30 days’ notice. You understand that products or Services may not be provided if the credit card information you provide is inaccurate or invalid.
These Terms of Use, together with any purchase terms we require related to a Service or product that you may purchase from us, are the entire agreement between you and us relating to the subject matter herein. If you are a purchaser of one of our Services or products, in the event of any conflict between these Terms of Use and the purchase terms for such Services or products, the applicable purchase terms will control.
Links to Third Party Sites
As a convenience to Site users, we may provide hypertext links to third party sites. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by the Company of the third party, the third-party site, or the information contained therein. You acknowledge and agree that the Company is not responsible for the availability of any such site, and that the Company does not endorse or warrant, and is not responsible or liable for, any such site, its content, its privacy policy or practices, or the acts or omissions of its operators.
Geographic Limitations on Use
Like most Internet sites, this Site is accessible worldwide. However, not all products or Services are available to all persons or in all geographic locations. The Company reserves the right to limit the provision of its products and Services to any person, geographic area, or jurisdiction. Any Services identified on the Site is only available where the Company, or any other entity offering the products or Services on the Site, is licensed or authorized to do business. Please consult the Company directly for information regarding the products and Services that may be available to you in your area. This Site is not intended for use outside the United States of America. You agree to comply with all applicable laws and local rules or restrictions relating to this Site.
Personal Information and Privacy Policy
The Company may monitor, record, collect and use for any lawful purpose information generated through your use of the Site. The Company’s collection and use of such information is described in our Privacy Policy. Your obligations under these Terms of Use are in no way conditioned on the Company’s compliance with the terms of the Privacy Policy.
Copyright Agent
We respect the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the following information in writing to the Company’s Copyright Agent:
- a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright.
- a description of the copyrighted work that you claim has been infringed.
- a description of the material that you claim 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 sufficient to permit us to locate the material.
- information so that we can contact you, such as address, telephone number and e-mail address.
- a statement that you have 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 you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed.
The Company’s Copyright Agent can be reached as follows:
Learn to Live, Inc.
510 First Avenue N
Suite 601
Minneapolis, MN 55403
Attn: Copyright Agent
Upon the Company’s receipt of a proper notice of claimed infringement under the Digital Millennium Copyright Act (“DMCA”), we shall respond expeditiously to follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content in issue, including, where applicable, removing, or disabling access to content claimed to be infringing or by removing or disabling access to links to such content.
COPPA Compliance
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Your Suggestions
We appreciate your feedback or other suggestions about the Site, the Service and the Content, but you understand that we may use your feedback or other suggestions without any obligation to compensate you for them.
International Users
The Site is controlled and operated within the United States. If you are a user of the Site outside the United States, you consent to having your personal data transferred to and processed in the United States. The Company makes no representation that content, materials or products available on or through the Site are appropriate or available for use outside of the United States. If you access the Site from a location outside the United States, you are responsible for compliance with applicable laws, including U.S. export laws and regulations.
General Provisions
You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Site, the Service and the Content and your offer to purchase products and/or Services. These Terms of Use shall be governed by and construed in accordance with the laws of the State of Minnesota, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to the terms of these Terms of Use shall be filed only in a state or federal court located in Hennepin County, Minnesota. You hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
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These Terms of Use, together with the Privacy Policy and the Subscription Agreement, represent the entire understanding of the parties regarding the use of the Site, the Service and the Content and supersede any previous documents, correspondence, conversations, or other oral or written understanding related to these Terms of Use. To review our Privacy Policy, click here.
These Terms of Use shall not be modified except as otherwise set forth herein. You may not transfer any of your rights or obligations under these Terms of Use to any third party without the prior written consent of the Company.
All of our rights and obligations under these Terms of Use are freely assignable by the Company in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise. These Terms of Use do not confer any third party beneficiary rights. No waiver of any term, provision or condition of these Terms of Use, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof, whether or not similar, nor shall any waiver constitute a continuing waiver of any such term, provision or condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver. You agree that you will take such further action, that may be necessary or appropriate to effectuate the purposes of these Terms of Use.
General Contact Information
If you have any questions about these Terms of Use, the Site, the Service, or the Content, you may contact us by:
Learn to Live, Inc.
510 First Avenue N
Suite 601
Minneapolis, MN 55403
Date of last modification
May 13, 2019
