TERMS AND CONDITIONS
Best for the Boy LLC, a Limited Liability Company
Welcome to our website. This site is maintained as a service to our customers. By using this site, you (sometimes referred to as “user”), agree to comply with and be bound by the following terms and conditions of use. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you should not use this site.
1. Agreement. This Term of Use agreement (“the “Agreement”) specifies the Terms and Conditions for access to and use of the site Best for the Boy (the “Site”) and describe the terms and conditions applicable to your access of and use of the Site. This Agreement may be modified at any time by Best for the Boy LLC (the “Operator”) upon posting of the modified Agreement. Any such modifications shall be effective immediately. You can view the most recent version of these terms at any time at https://bestfortheboy.org.
Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement. You, or “user” may include, but not limited to, end-user or direct user of services provided by the Operator, legal guardian(s) or parent(s) of end-user, and any third party payor of services which does not use paid services provided by the Operator.
3. Ownership. All content included on this site is and shall continue to be the property of the Operator or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Site is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Site.
4. Intended Audience. This website is intended for children predominantly between the ages of 10-14, who have been referred to use the content available on the site either by their parents or authorized third parties by their parents. The intent of the content is to provide a constructive and educational platform for these children.
5. Trademarks. Any registered and/or unregistered trademarks found on the site, which may include names, slogans and/or logos are the property of Operator and fully protected under the Federal Lanham Act and applicable common law. No use of these trademarks may be used for other purposes without prior written approval by Operator. Other product and company names mentioned on this Site may be trademarks of their respective owners and fall under the same protections. 6. Site Use. Operator grants you a limited, revocable, nonexclusive license to use this site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the site, reverse engineer or break into the site, or use materials, products or services in violation of any law. The use of this website is at the discretion of the Operator and they may terminate your use of this website at any time.
7. Compliance with Laws. You agree to comply with all applicable laws regarding your use of the website. You further agree that information provided by you is truthful and accurate to the best of your knowledge.
8. Indemnification. You agree to indemnify, defend and hold Operator and our partners, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your i) violation of this Agreement, ii) use of the Site, or iii) status of a third party payor of the services provided by the Operator, which the use of the Site by end-user is funded by such third party.
9. User Obligations.
9.1 You acknowledge and agree that the use of the website and its materials is entirely voluntary and not the subject of any state or federal general educational requirements. The purpose of the material is to provide guidance to young individuals who have interacted or are continuously interacting with their peers in a potentially aggressive, mean or otherwise not constructive manner, as determined by their parents, legal guardians, or authorized parties by legal guardians. in all circumstances, such determination is not made and shall not be made by the Operators). Users of the website may be referred normally by the young child’s school or in certain circumstances directly by a parent, the student’s legal guardian, or other authorized third parties. Such third parties are encouraged to obtain applicable direct release of liability from users and/or users’ legal guardian and parent. It is recommended that the user complete ALL of the educational modules in order to gain the most behavioral benefits.
9.2 To gain the most benefit from the website, User acknowledges and agrees that it is upon parents or legal guardian of user to:
i) adhere to all the parental or legal guardian rules;
ii) find and secure a mentor for the user. User, or user’s parents or legal guardian, shall be solely responsible to ensure such mentor meets the mentor guidelines;
iii) pause User’s participation in the program immediately upon the worsening of user’s behaviors.
Operator shall not be responsible for devoting any resources towards the above parental and legal guardian obligations, including but not limited to obtaining mentors for users.
9.3 USER’S PARENTS OR LEGAL GUARDIAN ACKNOWLEDGES AND AGREES THAT THE RELATIONSHIP BETWEEN MENTOR AND USER SHALL BE SUPERVISED AT ALL TIMES BY PARENTS AND OPERATOR IS NOT LIABLE FOR ANY DIRECT OR INDIRECT NEGATIVE OUTCOMES THAT MAY ARISE OUT OF THE MENTOR-USER RELATIONSHIP.
10.1 THE INFORMATION ON THIS SITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. OPERATOR DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE AND ANY ANCILLARY MATERIALS PROVIDED.
10.2 YOU, THE USER, USER’S PARENTS, USER’S LEGAL GUARDIAN AND ANY THIRD PARTY INVOLVED IN THE CARE OF USER OR PAYMENT OF SERVICES PROVIDED BY THE OPERATOR, ACKNOWLEDGES AND AGREES THAT THE INFORMATION PRESENTED BY THE OPERATOR MAY BE SENSITIVE AND GRAPHICAL IN NATURE, AND MAY CAUSE UNDESIRED OR UNFORESEEN EFFECTS, INCLUDING BUT NOT LIMITED TO WORSENING BEHAVIOR. ANY AND ALL RESULTS MAY BE UNPREDICTABLE. NOTHING IN THIS AGREEMENT INFERS OR PROVIDES A GUARANTEE THAT THE USER’S BEHAVIOR WILL IMPROVE. MOREOVER, NEITHER THE OPERATOR NOR ANY REFERRING THIRD PARTY (EG. USER’S SCHOOL) SHALL BE LIABLE UNDER ANY CIRCUMSTANCES SHOULD THE USER’S BEHAVIOR WORSEN, AND WITH OR WITHOUT RESULTING DIRECT OR INDIRECT NEGATIVE CONSEQUENCES, AFTER HAVING VIEWED THE MATERIAL PRESENTED BY THE OPERATOR OR USED THE WEBSITE.
11. LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES WILL OPERATOR BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE.
You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.
13. Copyrights and Copyright Agent. If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information to our Copyright Agent:
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(b) A description of the copyrighted work that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located on the Site; (d) Your address, telephone number, and e-mail address;
(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Our Copyright Agent for Notice of claims of copyright infringement on the website who can be reached as follows:
BEST FOR THE BOY LLC
3637 Mission Ave Bldg A, Ste 4 PMB26888
Carmichael, CA 95608
14. Applicable Law. You agree that this agreement shall be subject to the laws of the State of California, without regard to conflicts of laws provisions will govern these Terms and Condition of Use and any dispute that may arise between you and Operator or its affiliates. 15. Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect. 16. Waiver. The failure of Operator to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by Operator must be in writing and signed by an authorized representative of the Operator. 17. Termination. Operator may terminate this Agreement at any time, with or without notice, for any reason.
18. Refund Policy. The maximum amount of any refund, if it is agreed to in the sole discretion of the Operator, shall not go beyond the repayment of the cost of the license (the course fee) that accompanies product and/or service usage of the Site. There shall be no refund of any course fee (in part or in whole) i) after the viewing of any lesson video, or ii) after five (5) days into enrollment or subscription of the service(s). If any refund is agreed to by the Operator, such refund shall only be issued to the payor of the services.
21. Contact Information.
BEST FOR THE BOY LLC
3637 Mission Ave Bldg A, Ste 4 PMB26888
Carmichael, CA 95608