Conditions of Use

Welcome to Bestofyoutoday.com. The Best of You Today Inc. and/or its affiliates provide website features to you subject to the following conditions. If you visit or shop at Bestofyoutoday.com, you accept these conditions. Please read them carefully. In addition, when you use any current or future Best of You Today service or business (e.g., Your Profile or Your Media Library) you also will be subject to the guidelines, terms and agreements ("Terms")  applicable to such service or business. If these conditions are inconsistent with such Terms, the Terms will control.

PRIVACY

Please review our Privacy Notice, which also governs your visit to Bestofyoutoday.com, to understand our practices.

LIMITATIONS OF LIABILITY

UNDER NO CIRCUMSTANCES WILL THE OWN PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO (A) THE SITES; (B) THE MATERIALS; (C) THE DOWNLOADABLE ITEMS; (D) USER CONTENT; (E) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SITES; (F) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE OWN PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE SITES; (G) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (H) ANY ERRORS OR OMISSIONS IN THE SITES. TECHNICAL OPERATION; OR (I) ANY DAMAGE TO ANY USER.S COMPUTER, HARDWARE, COMPUTER SOFTWARE, WIRELESS DEVICES, CELLULAR PHONE, MODEM OR OTHER EQUIPMENT OR TECHNOLOGY, INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE OWN PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED, IN WHOLE OR IN PART, BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SITES). IN NO EVENT WILL THE OWN PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES, COUNTRIES, PROVINCES AND TERRITORIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE OWN PARTIES. TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED TEN UNITED STATES DOLLARS ($10.00).

YOUR ACCESS TO AND USE OF THE SITES IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE SITES OR ANY OF THE MATERIALS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SITES OR THE MATERIALS.

WAIVER OF UNKNOWN CLAIMS

BY ACCESSING THE SITES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

INDEMNIFICATION

You agree to defend (if requested by Mojganrady.com), indemnify and hold harmless the Mojganrady.com Parties from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, settlements and expenses, including attorneys’ fees, that directly or indirectly arise from or are otherwise directly or indirectly related to: (a) User Content; (b) your use of the Sites or activities in connection with the Sites; (c) your breach of these Terms; (d) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities in connection with your use of the Sites or your activities in connection with the Sites, including, without limitation, all regulatory, administrative and legislative authorities; (e) information or material transmitted through your Internet Device used to access the Sites, even if not submitted by you, that infringes, violates or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy or other right of any person or entity or defames any person; (f) any misrepresentation made by you; or (g) the Mojganrady.com Parties’ use of your information that you submit to us (including your User Content). You will cooperate as fully required by the Mojganrady.com Parties in the defense of any claim. Notwithstanding the foregoing, the Mojganrady.com Parties retain the exclusive right to settle, compromise and pay any and all claims, demands, proceedings, suits, actions or causes of action which are brought against them herein under the terms and provisions of this Section. The Mojganrady.com Parties reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of a duly authorized officer of the Mojganrady.com Parties.

ELECTRONIC COMMUNICATIONS

When you visit Bestofyoutoday.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Best of You Today Inc. or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Best of You Today Inc. and protected by U.S. and international copyright laws. All software used on this site is the property of Best of You Today Inc. or its software suppliers and protected by United States and international copyright laws.

LICENSE AND SITE ACCESS

Best of You Today Inc. grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Best of You Today Inc. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of The Best of You Today Inc. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of The Best of You Today Inc. without express written consent. You may not use any meta tags or any other "hidden text" utilizing The Best of You Today’s name without the express written consent of The Best of You Today Inc. Any unauthorized use terminates the permission or license granted by The Best of You Today Inc. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Bestofyoutoday.com so long as the link does not portray The Best of You Today Inc., or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Best of You Today logo or other proprietary graphic as part of the link without express written permission.

YOUR ACCOUNT

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. The Best of You Today does sell memberships to children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use Bestofyoutoday.com only with involvement of a parent or guardian. The Best of You Today reserves the right to refuse service, terminate accounts, remove or edit content, or cancel memberships in their sole discretion.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

Visitors may post reviews, comments, photos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. The Best of You Today reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant The Best of You Today a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant The Best of You Today and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify The Best of You Today for all claims resulting from content you supply. The Best of You Today has the right but not the obligation to monitor and edit or remove any activity or content. The Best of You Today takes no responsibility and assumes no liability for any content posted by you or any third party.

COPYRIGHT COMPLAINTS

The Best of You Today respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us immediately at info@bestofyoutoday.com

OTHER BUSINESSES

Parties other than The Best of You Today advertise, provide services, or promote product’s and services on this site. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. The Best of You Today does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

APPLICABLE LAW

By visiting Bestofyoutoday.com, you agree that the laws of the state of California, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and The Best of You Today Inc.

DISPUTES

Any dispute relating in any way to your visit to Bestofyoutoday.com or to products or services sold, rendered or distributed by The Best of You Today or through Bestofyoutoday.com in which the aggregate total claim for relief sought on behalf of one or more parties exceeds $7,500 shall be adjudicated in any state or federal court in San Diego County, California, and you consent to exclusive jurisdiction and venue in such courts.

Trial Membership

The Best of You Today offers a trial membership for either a one month or three month period. The membership is free for a period of time however a credit card is required to be entered to take advantage of the free trial period. After such time the card will be charged each month the amount of $29.00 or the monthly advertised membership fee, whichever is greater.

Inner Circle Membership

The Inner Circle Membership is a paid monthly membership and the membership fee is automatically deducted from the credit card entered at checkout. If you wish to cancel the auto deduction of the membership fee or wish to cancel membership entirely we require written notification within 30 days. A cancelation notice must be submitted in writing to either our physical mailing address listed at the bottom of this page, or via email at: info@bestofyoutoday.com

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies posted on this site. These policies also govern your visit to Bestofyoutoday.com. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

OUR ADDRESS

Amazon.com, Inc.
The Best of You Today, Inc.
Po Box 2676
La Jolla, CA. 92038

info@bestofyoutoday.com