Select Page

The information on this website has not been evaluated by the FDA and is not intended to diagnose,

treat, prevent, or cure any disease.  If you have a medical condition, please consult with a qualified

medical provider.

 

Privacy Policy

This Privacy Policy applies to your use of www.beyourbestselftime.com (the “Site”) owned by Be Your Best Self, its subsidiaries, affiliates and partners. Your privacy is very important to us. We want to make your experience on the Internet as enjoyable and rewarding as possible, and we want you to use the Internet’s vast array of information, tools, and opportunities with complete confidence.

We have created this Privacy Policy to demonstrate our firm commitment to privacy and security. This Privacy Policy describes how our company collects information from all end users of our Internet services (the “Services”) – those who access some of our Services but do not have accounts (“Visitors”) as well as those who may purchase Products and/or pay a monthly service fee to subscribe to the Service (“Members”) – what we do with the information we collect, and the choices Visitors and Members have concerning the collection and use of such information. We request that you read this Privacy Policy carefully.

By visiting our Company Website, you are consenting to our policy of collecting and using your data.

Personal Information Our Company Collects and How It Is Used

Introduction: Our company collects information in different ways from Visitors and Members who access the various parts of our Services and the network of Websites accessible through our Service.

Registration: Members may be asked to provide certain personal information when they sign up for our Products or Services including name, address, telephone number, billing information (such as a credit card number), and the type of personal computer being used to access the Services. The personal information collected from Members during the registration process is used to manage each Member’s account (such as for billing purposes). This information may be shared with third parties, as stated herein, or in special circumstances.

However, in instances where our company and a partner jointly promote our Services, we may provide the partner certain personal information, such as the name, address, and username of persons who subscribed to the Services as a result of the joint promotion for the purpose of offering you other products and services.

We may also generate non-identifying and aggregate profiles from personal information Members provide during registration (such as the total number, but not the names, of Members). As explained in more detail below, we may use this aggregated and non-identifying information to sell advertisements that appear on the Services.

Our Company collects personal information through forms you complete on the site, as well as but not limited to contests, sweepstakes, text messages, e-mails, faxes, telephone calls, postal mail or other communications with the user, as well as from outside sources such as credit card processors and database vendors. For example, when you fill out a form subscribing to our emails, we are sent data information from our autoresponder company such as your name, email, the website you signed up from, geographical data such as your city, state, Postal code, country, Latitude, Longitude, Timestamp, Subscription method and IP address.

Also, with purchases, we supply our member’s contact information, to our business partners, who then may contact the member by telephone after the member purchase. Sales proceeds are collected by the business partner company. We also may supply other companies with contact information, for mail offers we believe would be of interest to our members, with or without compensation from those companies. At times we may send an advertisement for a third party product, where we collect the sales proceeds, and forward the purchaser’s information to that third party.

Our Company Partners and Sponsors: Some products and services may be offered to Visitors and Members in conjunction with an affiliate, independent contractor seller or non-affiliated partner. To provide Visitors and Members some of these products and services, the partner may need to collect and maintain personal information.

Online Shopping: At some Web sites, you can purchase products and services or register to receive materials, such as a newsletter, catalog or new product and service updates. In many cases, you may be asked to provide contact information, such as your name, address, email address, phone number, and credit/ debit card information. If you complete an order for someone else, such as an online gift order sent directly to a recipient, you may be asked to provide information about the recipient, such as the recipient’s name, address, and phone number. Our company has no control over the third parties’ use of any personal information you provide when placing such an order. Please exercise care when doing so. If you order services or products directly from our company, we use the personal information you provide to process that order. We do share this information with outside parties that we do business with.

Online Advertisements: Our company may display our online advertisements. In those cases we share information about our Visitors and Members collected through the registration process as well as through online surveys and promotions with these advertisers. Additionally, in some instances, we use this information to deliver tailored advertisements or joint ventures. For instance, an advertiser or joint venture company tells us the audience they want to reach and provides us an advertisement tailored to the audience. Based upon the information we have collected, we may then display or send the advertisement to the intended audience. Our company does share personal information about its Visitors or Members with these advertisers or joint venture companies.

By visiting our Company Website, you are consenting to our policy of collecting and using your data. If you do not want to consent to our policy of collecting and using your data you can “opt out” of our Social Network and Facebook.com Website Custom Audience Ads advertising policy by notifying Company in the following manner:

Social Network and Facebook.com Website Custom Audience Ads (WCA): A Custom Audience on Facebook.com is a list of people our company would like to show our ads to on Facebook.com, who have shown interest in our products and services, with ads we believe would be of interest to them. This audience consists of people, whose information and email addresses our Company already has, because they have already subscribed to receiving Company emails. If you no longer have an interest in our products and services, you can opt-out of seeing Company’s Facebook.com Website Custom Audience Ads. Unsubscribing from our Company’s email list will remove you from Company’s internal email database list and stop future emails from our Company, but not from being shown Facebook.com Website Custom Audience Ads. The Facebook.com Website Custom Audience Ads external database, is different from our Company’s internal database and requires the following Opting-out request.

Opting-out of Facebook.com Website Custom Audience Ads: To opt out of our Company’s Facebook.com Custom Audience Ads, send an email, from the email address you are opting out, to Company using our email address provided in Company’s contact information. Put “Opting Out of Facebook.com Website Custom Audience Ads ” in the subject line of the email. In the body of the email include your name and email address. Our Company staff will forward your name and email address to Facebook.com with a request to delete you from all of Company’s Facebook.com Website Custom Audience Ads.

Google.com Analytics: Our Company may use Analytics tracking code to support Display Advertising, and enable Google Analytics to collect data about your traffic via the DoubleClick cookie in addition to data collected through the standard Google Analytics implementation. Display Advertising lets us enable features in Analytics that aren’t available through standard implementations, like Remarketing with Google Analytics, Google Display Network Impression Reporting, the DoubleClick Campaign Manager integration, and Google Analytics Demographics and Interest Reporting.

Our Company may use Remarketing with Google Analytics to advertise online: This allows third-party vendors, including Google, to show your ads on sites across the Internet. Our Company and third-party vendors, including Google, use first-party cookies (such as the Google Analytics cookie) and third-party cookies (such as the DoubleClick cookie) together to inform, optimize, and serve ads based on someone’s past visits to our website.

Our Company may implement Google Display Network Impression Reporting or the DoubleClick Campaign Manager: Our Company and third-party vendors, including Google, use first-party cookies (such as the Google Analytics cookies) and third-party cookies (such as the DoubleClick cookie) together to report how your ad impressions, other uses of ad services, and interactions with these ad impressions and ad services that are related to visits to your site.

Our Company may implement Google Analytics Demographics and Interest Reporting: The data from Google’s Interest-based advertising or 3rd-party audience data (such as age, gender, and interests) with Google Analytics allows us to serve ads to you based on this data.

Opting-out of Google Analytics’ For The Web and Google Analytics for Display Advertising: Users can opt-out of Google Analytics’ currently available opt-outs for the web at https://tools.google.com/dlpage/gaoptout/

Using the Ads Settings, users can opt-out of Google Analytics for Display Advertising and customize Google Display Network ads at https://www.google.com/settings/personalinfo

Retargeting Ad Campaigns and Persistent Identifiers: Our Company may utilize various types of advertising that appear on our Company sites and services including ads on third party sites and services. Our Company may utilize categories of information, including names and email addresses, collected from users on our sites and services, as well as third party sites and services, in connection with the ads that are served. This advertising may include, but not limited to, contextual advertising, cookies, anonymous cookies, pixels, persistent identifiers, geolocation information, email opt in, search engine terms, behavioral advertising and/or retargeting advertising. This type of advertising is a form of targeted advertising, to the specific individual who is visiting the Web site. These advertisements appear on websites or other media, including display ads, pop up ads and ads displayed in mobile browsers.

Those advertisements are selected and served by automated systems based on the interests relevant to the user from the content displayed to the user, based on what the user is viewing.

Our Company does not conduct inquiries into the information collection practices of third parties that may collect information from users that leave our Web site. Our Company may share customer information with third parties to process orders, for third party analytics and for marketing and advertising purposes.

Responses to Email Inquiries: When Visitors or Members send email inquiries to our company, the return email address is used to answer the email inquiry we receive.

Voluntary Customer Surveys: We may periodically conduct both business and individual customer surveys. We encourage our customers to participate in these surveys because they provide us with important information that helps us to improve the types of products and services we offer and how we provide them to you. We may take the information we receive from individuals responding to our Customer Surveys and combine (or aggregate) it with the responses of other customers we may have, to create broader, generic responses to the survey questions (such as gender, age, residence, hobbies, education, employment, industry sector, or other demographic information). We then use the aggregated information to improve the quality of our services to you, and to develop new services and products. This aggregated; non-personally identifying information may be shared with third parties.

Special Cases: It is our company’s policy to use or share the personal information about Visitors or Members in ways described herein without additional notice or means to opt-out except as noted herein, or otherwise prohibit such unrelated uses. Also, we may disclose personal information about Visitors or Members, or information regarding your use of the Services or Web sites accessible through our Services, for any reason if, in our sole discretion, we believe that it is reasonable to do so, including: credit agencies, collection agencies, merchant database agencies, law enforcement, or to satisfy laws, such as the Electronic Communications Privacy Act, the Child Online Privacy Act, regulations, or governmental or legal requests for such information; to disclose information that is necessary to identify, contact, or bring legal action against someone who may be violating our Acceptable Use Policy or Terms Of Service, or other user policies; to operate the Services properly; or to protect our company and our Members.

Notice to California Residents – Your California Privacy Rights: Under California Law SB 27, California residents have the right to receive, once a year, information about third parties with whom we have shared information about you or your family for their marketing purposes during the previous calendar year, and a description of the categories of personal information shared. To make such a request, please send an email to Company, to the email address provided in our contact information and please include the phrase “California Privacy Request” in the subject line, the domain name of the Web site you are inquiring about, along with your name, address and email address. We will respond to you within thirty days of receiving such a request.

“Cookies” and How Our Company Uses Them. A “cookie” is a small data file that can be placed on your hard drive when you visit certain Web sites. Our company may use cookies to collect, store, and sometimes track information for purposes stated herein as well as for statistical purposes to improve the products and services we provide and to manage our telecommunications networks.

Deleting Cookies: If you don’t want our Company’s cookies on your computer, to be used for the purposes stated herein, they are easy to delete. Simply go to http://www.aboutcookies.org/Default.aspx?page=2 for instructions.

Advertisers and partners may also use their own cookies. We do not control use of these cookies and expressly disclaim responsibility for information collected through them.

Our Company Commitment to Children’s Privacy: Protecting children’s privacy is especially important to us. It is our policy to comply with the Children’s Online Privacy Protection Act of 1998 and all other applicable laws. Therefore, we restrict our Web site to persons thirteen years or older.

IF YOU ARE UNDER THIRTEEN YEARS OF AGE, YOU ARE NOT PERMITTED TO ACCESS THIS WEB SITE FOR ANY REASON. DUE TO THE AGE RESTRICTIONS FOR USE OF THIS WEB SITE, NO INFORMATION OBTAINED BY THIS WEB SITE, FALLS WITHIN THE CHILDREN’S ONLINE PRIVACY PROTECTION ACT (COPPA) AND IS NOT MONITORED AS DOING SO.

Public Forums: Please remember that any information you may disclose in any Member Directory, or other public areas of our Websites or the Internet, becomes public information. You should exercise caution when deciding to disclose personal information in these public areas.

Our Company’s Commitment to Data Security: Services and Web sites we sponsor have security measures in place to protect the loss, misuse, and alteration of the information under our control. While we make every effort to ensure the integrity and security of our network and systems, we cannot guarantee that our security measures will prevent third-party “hackers” from illegally obtaining this information.

Where to Direct Questions About Our Privacy Policy: If you have any questions about this Privacy Policy or the practices described herein, you may contact us through the contact information provided on this Web site.

Revisions to This Policy: Our company reserves the right to revise, amend, or modify this policy, our Terms Of Service agreement, and our other policies and agreements at any time and in any manner, by updating this posting. Your use of this site after such changes are implemented constitutes your acknowledgement and acceptance of these changes. Please consult this privacy statement prior to every use for any changes.

Terms and Conditions

Yes, there’s lots of legal stuff on this page, but we’re required to share it with you. And that’s a good thing, because at Be Your Best Self we believe you should be an informed consumer and user of the Internet.

The terms and conditions below (the “terms”) are what govern your use of the Be Your Best Self website on the Internet and World Wide Web. These terms are a legal contract between you and Be Your Best Self (“we” or “us”.) They govern your access to, and your use of our website, which (as you know) is located at Be Your Best Self (the “site”). These terms also govern your use of any services and products we provide on the site. If you do not agree with any of these terms, please do not access or otherwise use this site and/or our services and products.

Your use of this site, services and/or products on this site means that you agree to abide by each of the terms below. Be Your Best Self may make changes to the services and products offered on this site, at any time and without notice, and Be Your Best Self can change these terms at any time without notice by posting updated terms of use here on the site.

If you continue to use the site after such changes have been posted, it means that you agree to the new terms, even if you have not reviewed the changes. Therefore you really should check the terms of use posted here periodically for updates and changes.

 

Privacy Policy

Your use of the site is governed by the Be Your Best Self Privacy Policy, which is available on this site on our Privacy Policy page.

 

General Use

Be Your Best Self provides content, services and products throughout this site.  All information, documents, products and services, including content, trademarks, logos, graphics and images (which are grouped together under the term “Materials”) are the copyrighted work of Be Your Best Self or Be Your Best Self’s licensors and/or contributors.

Be Your Best Self grants you a limited, personal, non-exclusive and non-transferable license to use the Materials solely for your personal use or internal business use. You agree that you will only use this site and the Materials for lawful uses.

You agree that you have no right to modify, edit, copy, reproduce, create derivative works of, alter, enhance or in any way exploit any of the Materials provided by Be Your Best Self in any manner. Your limited license terminates automatically, without notice to you, if you breach any of these terms.

Upon termination of your limited license, you agree to immediately destroy any downloaded or printed Materials. Except as stated herein, you acknowledge that you have no right, title or interest in or to the site or any Materials on any legal basis.

You are prohibited from taking any action to circumvent or attempt to circumvent the security and access control provisions of the site. Such prohibited conduct includes, but is not limited to, any efforts to: (a) log into an account with a password not assigned to you; (b) access personally identifiable information not intended for you; (c) test the security measures on the site and/or attempt to identify system vulnerabilities; (d) impersonate any other user of the site and/or the products and services, forge any of the header information in any posting, or tamper with the TCP/IP packet header; (d) modify, reverse engineer, disassemble, decompile or otherwise attempt or allow others to attempt to discover the underlying software code for the site and/or the products and services; or (f) overwhelm or disable the site or the products and services or interfere with the access and use of the site and/or the services by any other user.

If Be Your Best Self becomes aware of any of the aforementioned activities on your part, we may investigate and take action. When appropriate, we may work with law enforcement to investigate and prosecute offenders.

Your continued use of the Site and/or the products and services is expressly conditioned on your compliance with the prohibitions, obligations and restrictions just stated. Without limiting the foregoing, you acknowledge that Be Your Best Self prohibits and you agree not to:

  • Take any action that imposes an unreasonable or disproportionately large burden on the site’s infrastructure;
  • Intentionally expose the site and/or any products or services provided on Be Your Best Self to a computer virus or any other program or code that is intended to disrupt or disable the operations of the site and/or our products or services;
  • Frame or link to the site or any of the content or information available from the site, unless Be Your Best Self expressly consents to such linking and/or framing;
  • Use any spider, robot or other program, code or device to copy, retrieve or index any portion of the Be Your Best Self site;
  • Harvest or otherwise collect information about other users for any purpose other than expressly permitted herein;
  • Post any false or inaccurate Submissions (defined below) or information on any part of the site;
  • Use the products and/or services and/or the site to violate any applicable law or regulation, including, without limitation, the infringement of any copyright, trademark, trade secret or other intellectual property rights, or violate the privacy or rights of any other person;
  • Post any Submission or information that is discriminatory, hateful, obscene, vulgar, abusive, defamatory, sexually-orientated, threatening, or otherwise objectionable;
  • Include any hyperlinks or any misleading, irrelevant and/or hidden code or keywords in any Submissions posted by you;
  • Harass, stalk, or otherwise subject any other user of the site and/or products and services to inappropriate or unwanted contact;
  • Make any additions, changes, alterations and/or deletions to any Submissions posted by any user without the express written authorization of such other user;
  • Be Your Best Self reserves the right to terminate our relationship with you under these terms and prohibit your access to the site and/or products or services or to edit, remove or close any Submission or thread for any reason.

The foregoing list of prohibitions is illustrative and is not intended to be complete or exclusive.

You acknowledge and agree that there is the chance that you may be exposed to content that may be offensive or objectionable to you. You hereby acknowledge and agree that all submissions submitted by you or any other user express the views of the author, and Be Your Best Self will not be held responsible for or liable for the content in such submissions.

Your access to the site and Services is undertaken at your own risk and Be Your Best Self is not responsible for any offensive or otherwise objectionable materials that may be posted by any third party.

In addition, the foregoing prohibitions do not impose on Be Your Best Self any obligation to monitor or remove any Submissions or other information or communication submitted by you or any other user.

 

Submissions

Subject to the terms and conditions of the Be Your Best Self Privacy Policy, when you submit data and/or post communications on the site (collectively “Submissions”), you grant to Be Your Best Self and Be Your Best Self. an irrevocable, perpetual, royalty-free, worldwide right (including moral right) and license to use, reproduce, display, distribute, modify and create derivative works of Submissions, in whole or in part, and to incorporate Submissions into other works in any media and utilizing any technology now known or later developed. You warrant that you have all rights, and no third party has retained any such rights, (including moral rights) in and to Submissions you may post to the site.

 

Password Restricted Areas of the Website

Certain areas of the site may be password-restricted so only authorized users can access certain web pages and services (“Restricted Areas”).

If you are an authorized member of the Restricted Areas, you take responsibility for maintaining the confidentiality of your password and account. You agree to notify Be Your Best Self if your password may have been compromised, or is lost, stolen, or disclosed to an unauthorized third party.

You agree to immediately notify Be Your Best Self of any unauthorized use of your account or any other breach of security in relation to the site that may be known to you. You are responsible for activities that occur under your account.

 

Links to Third Party Sites

The Be Your Best Self site may be linked to other sites that are not owned, operated, or managed by Be Your Best Self. We provide these links to you only as a convenience, and Be Your Best Self is not responsible for the content or links displayed on these third party sites.

 

Third Party Content

Some information and content may be provided by third parties to Be Your Best Self (“Third Party Content”).  The Third Party Content is the copyrighted work of the creator/licensor, Be Your Best Self, and Be Your Best Self.

You agree that you will only display the Third Party Content on your personal computer for your personal or internal business use. You acknowledge and agree that you have no right to download, cache, reproduce, modify, display (except as set forth in this paragraph), alter, edit, manipulate or enhance any of the Third Party Content in any manner.

Be Your Best Self disclaims all express, implied and statutory warranties and conditions with regard to third party content. This includes, but is not limited to, all implied warranties of merchantability, fitness for a particular purpose and non-infringement.

 

Unauthorized Activities

Unauthorized use of any Materials or Third Party Content contained on this site may violate certain regulations and laws. You shall indemnify and hold Be Your Best Self and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all damages, costs, expenses, and liabilities, including attorneys’ fees, that Be Your Best Self or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding any claim or demand from a third party in the event that your use of the site or the use of the site by any person using your user name and/or password violates any applicable law or regulation, or the rights of any third party.

 

Copyright Notice

All information, data, and screens appearing on Be Your Best Self, including web pages, documents, site design, text, graphics, logos, images and icons, and the selection and arrangement thereof, are the sole property of Be Your Best Self and Be Your Best Self unless otherwise specified.

All rights not expressly granted herein are reserved worldwide. Any reproduction, distribution, modification, retransmission, or publication of any copyrighted material on the site is strictly prohibited without the express written consent of the copyright holder, except as otherwise required by applicable law.

 

Disclaimer of Warranties

Your use of this site, the Materials and/or the products and services is at your own risk. You assume all risks of using this site, the Materials and/or the products and services. Be Your Best Self does not warrant the accuracy or timeliness of the materials or the Third Party Content contained on this Site. Neither the Materials nor the Third Party Content have been verified or authenticated in whole or in part by Be Your Best Self, and they may not be current or may include inaccuracies or typographical errors.

Be Your Best Self shall have no liability for Materials and/or Third Party Content that is not current or for any errors or omissions in the Materials and/or the Third Party Content, whether provided by Be Your Best Self or our licensors. Be Your Best Self does not guarantee that you will achieve any economic return or benefit from the use of the Materials.

Be Your Best Self, for itself and its licensors, makes no express, implied or statutory representations, warranties, or guarantees in connection with the site, the products and services or any Materials or Third Party Content, relating to the quality, suitability, truth, accuracy, currency or completeness of any information or material contained on the site. This includes, without limitation, the Materials and the Third Party Content.

Be Your Best Self disclaims and excludes any and all implied warranties, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights. Unless otherwise explicitly stated, to the maximum extent permitted by applicable law, the site, the products and services, the Materials, Third Party Content, and any information or material contained on the site is provided to you on an “as is,” “as available” and “where is” basis with no warranty of any kind.

 

Limitation of Liability

In no event shall Be Your Best Self be liable to you or any third party for any indirect, extraordinary, exemplary, punitive, special, incidental, or consequential damages (including loss of data, revenue, profits, use or other economic advantage) however arising, even if Be Your Best Self and Be Your Best Self. have been advised of the possibility of such damage.

Be Your Best Self’s aggregate liability to you or any third party for any damages resulting from your displaying, copying, or downloading any material on the site or reliance on the information and/or material presented on the site shall not exceed fifty dollars ($50.00).

 

Local Laws and Export Control

If you use this site outside the United States of America, you are responsible for compliance with all applicable local laws. Be Your Best Self controls and operates this site from its headquarters in the United States of America and the Materials may not be appropriate or available for use in other locations.

 

Consequences of Violation

If you violate these terms, Be Your Best Self may terminate your access to the site or Password-Restricted Areas without notice. Be Your Best Self prefers to advise you of your inappropriate behavior and recommend any necessary corrective action. However, certain violations of these terms, as determined by Be Your Best Self, will result in immediate termination of your access to the site or Password-Restricted Areas.

Be Your Best Self reserves the right to terminate any password-restricted account for any reason. These terms are governed by Maryland Law and controlling U.S. Federal Law, without regard to the choice or conflicts of law provisions. Any disputes relating to these terms or the site will be heard in courts located in Maryland. If any of these terms is found to be inconsistent with applicable law, then such terms shall be interpreted to reflect the intentions of the parties, and no other terms will be modified.

Be Your Best Self’s failure to enforce any of these terms is not a waiver of such terms. These terms are the entire agreement between you and Be Your Best Self and supersede any and all prior or contemporaneous agreements and understandings between you and Be Your Best Self and Be Your Best Self. These terms may not be modified except pursuant to a written amendment that is executed by an officer of Be Your Best Self and Be Your Best Self.

 

INDEMNIFICATION

  1. To the fullest extent permitted by Law, You agree that
    1. In the event a third party makes any demand or complaint, or commences any action or files any claim whatsoever (“Claim”) in connection with (i) Your Promotions or Products; (ii) any breach of Your representations or warranties; (iii) any allegation that You have infringed upon the IP Rights of any third party. You shall defend, indemnify and hold harmless Be Your Best Self, its related parties and affiliates, and its officers, directors, employees, representatives, agents, licensors, attorneys, heirs, successors, and assignees (the “Be Your Best Self Parties”), from and against any and all damages, liabilities, claims or costs (including the costs of investigation, defense, reasonable attorneys’ fees and costs) (“Losses”) incurred by any Be Your Best Self Party as a result of such Claim, regardless of whether such Losses are direct, incidental, consequential, punitive or statutory.
    2. Upon receiving notice of a Claim for which Be Your Best Self is entitled to indemnification by You, Be Your Best Self shall provide You with written notification and the opportunity to assume sole control over the defense or settlement of the Claim and reasonable assistance to settle and/or defend the Claim at Your sole expense; provided, however, that (i) any settlement which would impose a non-monetary obligation on and/or admission or finding of liability or wrongdoing by Be Your Best Self will require Be Your Best Self’s prior written consent; (ii) the failure to provide timely notice, control, or assistance shall not relieve You of Your indemnification obligations; and (iii) Be Your Best Self may have its own counsel present at and participating in all proceedings or negotiations relating to a Claim, at Be Your Best Self’s own expense, unless You fail or refuse to secure legal counsel to defend any Claim in a timely manner, in which case You shall pay all expenses related to Be Your Best Self’s use of such counsel.
    3. In the event that Be Your Best Self incurs costs, attorneys’ fees or other expenses responding to any complaint other than a Claim, in connection with or in relation to your Promotions or Products, including copyright infringement complaints under the DMCA, Be Your Best Self reserves the right, in its sole discretion, to recover such costs and expenses. You understand and agree that the remedies set forth above are not exhaustive and that Be Your Best Self retains all rights to indemnification described herein.

DMCA Notice

NO PART OF THIS WEBSITE MAY BE REPRODUCED OR TRANSMITTED IN ANY FORM OR BY ANY MEANS, MECHANICAL, ELECTRONIC, OR OTHERWISE, INCLUDING PHOTOCOPYING AND RECORDING, OR BY ANY INFORMATION STORAGE AND RETRIEVAL SYSTEM, OR TRANSMITTED BY E-MAIL, OR USED IN ANY OTHER FASHION WITHOUT THE EXPRESS PRIOR WRITTEN PERMISSION OF THE WEBSITE OWNER.

This website, including all text, HTML, scripts, and images are copyrighted, owned, and/or licensed by Be Your Best Self. All rights are reserved worldwide. This copyright notice applies to everyone who accesses this website, it’s products and/or services, and includes all visitors to this website.

This notice excludes the downloading and temporary caching of this website on a personal computer for the following explicit purposes:

  • Viewing this website
  • Accessing and downloading any information clearly marked as reproducible

This notice is for informational purposes only and should it be construed as, nor is it intended to be legal advice. If you believe that your intellectual property rights have been violated or infringed upon, or if a notice of infringement has been filed against you, seek legal counsel immediately for a professional legal opinion.

 

DMCA Provisions

The Digital Millennium Copyright Act of 1998, found at 17 U.S.C. § 512 (“DMCA”), provides recourse for owners of copyrighted materials who believe that their rights under United States copyright law have been infringed upon on the Internet.

Under the DMCA, the bona fide owner of copyrighted materials who has a good faith belief that their copyright has been infringed may contact not only the person or entity infringing on their copyright, but may also contact the designated agent of an Internet Service Provider (“ISP”) to report the alleged infringements of protected works, when such alleged infringements appear on pages contained within the system of the Internet Service Provider.

Upon receipt of a properly filed complaint under the DMCA, the owner and/or the ISP of this website will block access to the allegedly infringing material. The website owner and/or the ISP will forward a copy of the notification of claimed copyright infringement to the alleged infringer.

Anyone who believes in good faith that a notice of copyright infringement has wrongfully been filed against them, may submit a Counternotice to the website owner and/or the ISP.

The owner of this website and the ISP are committed to complying with international trade law, international trade practices, and all United States laws, including United States copyright law.

 

Notification Of Claimed Copyright Infringement

For details on the information required by law for valid notification, see 17 U.S.C. § 512(c)(3).

To file a notice of infringement with either the website owner or the ISP, you must provide a written communication that sets forth the items specified below. You will be liable for damages (including damages, costs, and attorneys’ fees) if you materially misrepresent that the website or a web page is infringing your copyright. If you are not certain whether certain material of yours are protected by copyright laws, we suggest that you first contact an attorney.

Please send DMCA notifications of claimed copyright infringement to kelly@beyourbestselftime.com.

To expedite our ability to process your request, please use the following format (including section numbers):
1. Identify in detail the copyrighted work that you believe has been infringed upon.
2. Identify the material that you claim is infringing the copyrighted work listed in #1 above. You must include the URL(s) (i/e/ the locations of the page or pages that contain the alleged infringing material. You must also include a description of the specific content which you claim is infringing on your copyright.
3. Provide information reasonably sufficient to permit the website owner to contact you. At a minimum an email address and a phone number are required.
4. Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. I also affirm that as the copyright owner, I have a good faith belief that use of the material in the manner complained of is not authorized by me, my agent, or the law.”
5. The signature of the copyright owner or a person authorized to act on behalf of the copyright owner must be included. You may send your notice via email provided such notice includes a proper electronic signature. The signature or electronic signature must be that of the copyright owner, or a person authorized to act on behalf of the owner, of an exclusive copyright that has allegedly been infringed.

 

Counter-notification To Claimed Copyright Infringement

Please be advised that United States copyright law provides substantial penalties for a false counternotice filed in response to a notice of copyright infringement.

Accordingly, if you are not sure whether certain material of yours is protected by copyright laws, we suggest that you first contact an attorney for a professional legal opinion.

If a notice of copyright infringement has been filed with the website owner and/or the ISP against you, the owner and/or the ISP will attempt to notify you and provide you with a copy of the notice of copyright infringement.

If you have a good faith belief that you have been wrongfully accused, you may file a counter-notification with the website owner and/or the ISP.

If the website owner and/or the ISP receives a valid counter-notification, the DMCA provides that the removed or blocked information will be restored or access will be re-enabled.

The website owner and/or the ISP will replace the removed material and cease disabling access to it in not less than 10, nor more than 14, business days following receipt of the counter-notification, unless the website owner and/or ISP first receives notice from the complaining party that such complaining party has filed an action seeking a court order to restrain the alleged infringer from engaging in infringing activity relating to the material on this website.