BetterClarity legal terms

2024-10-18

IMPORTANT – This is a legal agreement between you (“you” or “your”) and Better Clarity. Better Clarity operates the platform located at www.betterclarity.com, to which these terms of use are linked. Better Clarity is a registered trademark of a New York State nonprofit organization. Before accessing or using any part of the platform, you should read carefully the following terms and conditions contained in this terms of use agreement (the “TOU” or “Terms of Use”). Your access to and use of the platform are subject to these terms of use, as well as to all applicable laws and regulations, and along with any other terms and conditions as may be set forth by betterclarity.com.

Better Clarity is willing to license and allow the use of this platform only on the condition that you accept and agree to all of the terms and conditions contained in these terms of use. If you do not agree with these terms of use, you are not granted permission to access or otherwise use the platform. Your access to and use of this platform constitutes your acceptance of and agreement to abide by these terms of use. These terms of use may be modified by Better Clarity from time to time without advance notice by posting here and you will be bound by any such modified terms of use if you continue to use this platform after such changes are posted. The date these terms of use were last updated is stated at the end of this document. You are encouraged to review these terms of use periodically for updates and changes.

Terms And Conditions
 

The Platform
 

Better Clarity’s mission is to provide support and resources for women and men facing unexpected pregnancy. The platform provides users with access to a wide variety of information and resources, including e-newsletters, works of authorship, educational materials, and courses, videos, articles, podcasts, and other relevant content (collectively, the “content”).
 

Registration; Personal Information
 

You can visit the platform and access some of the content, features and functionality without being required to provide us with any personal information. However, certain content, features, and functionality will require that you either register or provide us with some personally identifying information about yourself, as more specifically detailed in our privacy policy, located here. 
 

Age Requirements
 

The Better Clarity platform is intended solely for users who are 13 years of age or older, and any registration by, use of or access to the platform by anyone under 13 is unauthorized. If you are 13 or older but under the age of 18, you should review these TOU with your parent or guardian to make sure that your parent or guardian understands them, agrees to be bound by them and you should only use the platform with their permission and under their supervision. If you are a parent or guardian of a child who is at least 13 years of age, but under the age of 18, and you give your child permission to use the platform, you hereby agree to the terms set forth in these terms of use on behalf of both yourself and your child. 

If you reside in a jurisdiction that would restrict the use of the platform – or any of the functionalities or features offered via the platform – because of age, or restricts the ability to enter into contracts such as this one due to age, you must abide by such age limits and you must not use the platform if you are not permitted to do so by such local jurisdiction. 
 

Intellectual Property Rights; Trademarks and Service Marks
 

Certain trademarks are the service marks and trademarks of Better Clarity. All page headers, custom graphics, and button icons are service marks, trademarks, logos, and/or trade dress of Better Clarity. All other trademarks, service marks, trade dress, product names, company names, logos, and graphics, whether registered or not, on the platform are the property of their respective owners. In addition to complying with all applicable laws, you agree that you will not use any such trademarks, service marks, trade dress, or the logos from this platform without the prior written authorization of Better Clarity or their respective owners. 
 

Copyright
 

Except as otherwise expressly stated, all content appearing on the platform – including all scripts, videos, and similar materials, is the copyrighted work of either Better Clarity or third-party partners and suppliers, and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content is also the exclusive property of Better Clarity, and is protected by U.S., and international copyright laws. Except as otherwise expressly stated herein or as expressly permitted, you may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, frame, download, store for subsequent use, create derivative works from, transfer, or sell any information or content obtained from the platform, in whole or in part, including any text, images, audio, and video in any manner, without the prior written authorization of Better Clarity, or any applicable third-party suppliers or authorized users. The use of content, including images, by you, or anyone else authorized by you, is prohibited unless specifically permitted by Better Clarity. Any unauthorized use of text or images may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes. Better Clarity does not warrant nor represent that your use of any content or materials displayed on the platform will not infringe rights of third parties.  

Takedown Notice
 

Better Clarity respects the intellectual property rights of others and reserves the right, at its sole discretion, to block and/or terminate access to our platform from those that infringe on the rights of others. Pursuant to section 512(c)(2) of the U.S. copyright act, as enacted through the digital millennium copyright act of 1998, Better Clarity has designated an agent to receive notifications of claimed infringement, as described in this section. If you believe that any content on this platform violates or infringes upon your intellectual property rights or someone else’s intellectual property rights pursuant to title 17, united states code, section 512(c)(2), please contact us at Better Clarity, PO Box 3999, New York, New York 10185. 

In your notice to us, you must do the following:

• Give enough information to enable Better Clarity to contact you regarding your complaint, including your name, address, telephone number and e-mail address, if available.
• Identify the material(s) and/or work(s) that you claim are being infringed upon on this site and the material(s) that are causing such infringement, and give enough information (such as a web page address) to locate such material(s) or work(s) within the site.
• State that you have a good-faith belief that use of the material(s) or work(s) in question is not authorized by the copyright owner, its agent or the law.
• State that the information in this notification is accurate and, under penalty of perjury, that you either own the copyright (or an exclusive right under the copyright) in the material(s) or work(s) that you claim in (2) above are being infringed, or are authorized by such owner to act on its behalf.
• Provide your physical or electronic signature.

Podcasts, Articles, and Videos
 

The platform contains podcasts, articles, and videos. The content, views, and opinions published in podcasts, articles, and videos may be written by employees, volunteers, or unaffiliated third-party contributors. All opinions expressed in podcasts, articles, and videos belong solely to their respective authors and do not necessarily reflect the views of Better Clarity, its management, or employees. Better Clarity is not responsible for, and disclaims any and all liability for, the content of the podcasts, articles, and videos. 
 

Written Submissions

The Platform may allow some individuals to upload feedback on user engagement, satisfaction, journey and outcomes (the “User Experience Feedback”).  Better Clarity shall have the right, but not the obligation, to use the User Experience Feedback  without sharing any personally identifiable information in whole or in part and in any manner whatsoever as determined by Better Clarity in its discretion. You will remain the owner of the User Experience Feedback, but, by submitting/uploading User Experience Feedback to the Platform, you grant to Better Clarity a perpetual, irrevocable, worldwide, non-exclusive, royalty free, fully paid up, transferable license (with the right to sublicense) to host, store, use, display, reproduce, create derivative works of, modify, adapt, edit, publish, and distribute your User Experience Feedback (and its affiliates’ and partners’ and their respective successors) business, including for promoting, marketing and redistributing part or all of the User Experience Feedback in any media now known or hereafter invented for all purposes permitted by law, as well as in connection with any related advertisements, promotions, publicity, marketing or other material, without any payment or compensation to you whatsoever.

By submitting/uploading any User Experience Feedback, you hereby represent and warrant that (i) the User Experience Feedback is a) original to you, or b) you have the necessary rights and releases (as applicable) to the User Experience Feedback; (ii) the use of the User Experience Feedback as contemplated herein will not violate or infringe the rights of any third party or constitute a defamation or invasion of privacy or publicity of any third party.

Better Clarity License Grant
 

This TOU provides to you a personal, revocable, limited, non-exclusive, royalty-free, non-transferable license to access the platform solely for your own personal use. Your use of the platform and the content, including any services, images, videos, materials, or information made available through the platform are conditioned on your continued compliance with the terms and conditions of these TOU. Accordingly, you expressly acknowledge and agree that Better Clarity transfers no ownership or intellectual property interest or title in and to Better Clarity.
 

Reservation of Rights
 

Better Clarity reserves the right, in its sole discretion and at any time, to modify, interrupt, limit, suspend or discontinue, temporarily or permanently, the platform, in whole or in part, including, but not limited to, as we deem necessary for purposes of maintenance, upgrades and the like, or to maintain the platform or to comply with applicable law. Better Clarity shall not be liable to you or to any third party for any such modifications, suspensions, or discontinuances of the platform. 
 

Additional Acknowledgments
 

You hereby agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of the Better Clarity platform and all content. In addition, you also acknowledge and agree that use of the internet and access to or transmissions or communications with the Better Clarity platform is solely at your own risk. While Better Clarity has endeavored to create a secure and reliable platform, you should understand that the confidentiality of any communication or material transmitted to/from the Better Clarity platform over the internet or other form of global communication network cannot be guaranteed. Accordingly, Better Clarity is not responsible for the security of any information transmitted to or from the platform. 

Prohibited Use/Activities
 

In addition to any other restrictions or conditions of use, you hereby acknowledge, and represent and warrant, that your use of the platform, and any submissions or contributions, will not be, or alleged to be:

1. Unlawful, unauthorized, fraudulent, or malicious in purpose; 
2. False, offensive, abusive, libelous, hateful, defamatory, obscene, racist, sexually explicit, ethnically or culturally offensive, indecent, pornographic;
3. An invasion another’s right of privacy or publicity;

in addition, you agree you will not: 

1. License, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the platform or content or in any way; 
2. Modify or make derivative works based upon the platform or content; 
3. Create internet “links” to the service or “frame” or “mirror” the platform on any other server or wireless or internet-based device; 
4. Reverse engineer or access the platform in order to (a) design or build a competitive product or service, (b) design or build a product using similar ideas, features, functions, or graphics of the services or application, or (c) copy any ideas, features, functions or graphics of the services or application;
5. Launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the services or platform;
6. Interfere with or disrupt the integrity or performance of the platform or the data contained therein, or attempt to gain unauthorized access to the platform or its related systems or networks.

Better Clarity will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. You acknowledge that Better Clarity has no obligation to monitor your access to or use of the platform, but has the right to do so for the purpose of operating the platform and providing the services, to ensure your compliance with these TOU, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. 

No Professional Advice
 

The information available on and through the platform is presented in summary form as a supplement to, and not a substitute for, the knowledge, skill, and judgment of qualified psychiatrists, psychologists, physicians, and health care professionals. The information on the platform has been obtained from sources reasonably believed to be accurate and reliable. You hereby acknowledge, understand, and agree that this platform and its content do not constitute the practice of any medical, nursing, or other professional healthcare advice, diagnosis, or treatment. Content accessed on or through betterclarity.org is neither complete nor exhaustive. If you have or suspect that you have a medical problem or condition, please contact a qualified healthcare professional immediately. If you are in the United States and are experiencing a medical emergency, please call 911 or call for emergency medical help on the nearest telephone.

Disclaimer of Warranty; Health Care Disclaimer
 

Nothing in the content should be considered, or used as a substitute for, medical advice. You hereby acknowledge, understand, and agree that this platform site and its content do not constitute the practice of any medical, psychological, psychiatric, or other professional healthcare advice, diagnosis or treatment. You should always talk to your healthcare provider for specific guidelines and instructions, including those related to pregnancy. In providing the content we are in no way representing or warranting that such content is applicable or appropriate for your needs.

General Disclaimer
 

The content contained on this platform has been prepared by Better Clarity as a convenience to its users and is not intended to constitute medical advice or recommendations upon which a user may rely. Better Clarity has used reasonable efforts in collecting, preparing, and providing such information, resources, treatment resources, and content, but makes no warranty or guarantee about the accuracy, completeness, or adequacy of the content contained in or linked to this platform.

Your use of this platform is at your sole risk. All content is provided on an “as is” or “as available” basis, and Better Clarity expressly disclaims all warranties and conditions with respect to the platform and all elements thereof, whether implied, express, or statutory, including the implied warranties of merchantability, fitness for a particular purpose, title, non-infringement of third-party rights, satisfactory quality, quiet enjoyment, and accuracy. Better Clarity makes no warranty that the platform will be uninterrupted, virus-free, or error-free, or that any such problems will be corrected.

Limitation of Liability
 

In addition to the above warranty disclaimers, you understand and agree that in no event will Better Clarity and its officers, directors, employees, and volunteers will be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including, without limitation, loss of use, loss of income, loss of goodwill or reputation, damage to or corruption of data, or personal injury, whether in an action in contract, tort (including but not limited to negligence or medical malpractice) or otherwise, arising out of or in any way connected with use of the platform (or inability to use the platform), information, treatment resources and content contained in or accessed through the platform, including without limitation any damages caused by or resulting from reliance by user on any information obtained from Better Clarity, even if Better Clarity has been advised of the possibilities of those damages. You understand and agree that your use of the platform is predicated upon your waiver of any right to sue Better Clarity and its affiliates directly or to participate in a class action suit for any losses or damages resulting from your use of the platform.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.

Indemnity 
 

You agree to defend, indemnify, and hold harmless Better Clarity and affiliates and all of their respective employees, funders, parents, subsidiaries, joint ventures, affiliates, agents, developers, directors, officers, and attorneys from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees and litigation expenses) relating to or arising from i) any breach or alleged breach by you of this TOU, or ii) any act or omission related to your use of this platform or content, or iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right, or iv) any Better Clarity event that you may organize or otherwise participate in.
 

Governing Law
 

This TOU has been made in and will be construed and enforced solely in accordance with the laws of the United States of America and the state of New York, U.S.A. as applied to agreements entered into and completely performed in the state of New York. You and Better Clarity each agree to submit to exclusive subject matter jurisdiction, personal jurisdiction, and venue to the federal and state courts located in New York County, New York.

You and Better Clarity agree that any proceedings to resolve or litigate any dispute will be conducted solely on an individual basis, and that neither you nor Better Clarity will seek to have any dispute heard as a class action, a representative action, a collective action, a private attorney-general action, or in any proceeding in which you or Better Clarity acts or proposes to act in a representative capacity. You and Better Clarity further agree that no proceeding will be joined, consolidated, or combined with another proceeding without the prior written consent of you, Better Clarity, and all parties to any such proceeding.
 

Arbitration 
 

At Better Clarity’s sole discretion, any disputes or claims under this TOU or its breach may be submitted to and resolved exclusively by arbitration conducted in accordance with American Arbitration Association rules. One arbitrator appointed under such rules shall conduct arbitration. Any such arbitration shall be in New York County, New York, and the laws of New York shall be applied. Any decision in arbitration shall be final and binding upon the parties. Judgment may be entered thereon in any court of competent jurisdiction. Notwithstanding the above, Better Clarity may sue in any court for infringement of its proprietary or intellectual property rights. All claims you bring against Better Clarity must be resolved in accordance with this section. All claims filed or brought contrary to this section shall be considered improperly filed. Any claim or cause of action arising out of or related to use of the platform and/or any of the content, or these TOU, must be filed within one (1) year after such claim or cause of action arose regardless of any status or law to the contrary. In the event any such claim or cause of action is not filed within such one (1) year period, such claim or cause of action shall be barred. Any failure to act by Better Clarity with respect to a breach by you or others does not waive Better Clarity’s right to act with respect to subsequent or similar breaches.
 

Term and Termination 
 

This TOU and your right to use the Better Clarity platform will take effect at the moment you access the Better Clarity platform, and is effective, binding, and enforceable for as long as you use the platform. In addition, Better Clarity reserves all of its legal rights to pursue any and all legal remedies if we believe you are using the platform for fraudulent or unlawful activity or you are taking any actions or omissions that violate any term or condition of this TOU, or in order to protect its name and goodwill, its business, and/or other users. All provisions of this TOU that by their nature are intended to survive termination will so survive and remain binding and effective – such provisions include, but are not limited to the miscellaneous section below, the provisions concerning Better Clarity’s proprietary rights, indemnity, disclaimers of warranty, limitation of liability, and governing law.
 

Changes to the Terms of Use 
 

Better Clarity reserves the right to change, alter, replace or otherwise modify these terms of use at any time. The date of last modification is stated at the end of these terms of use. it is your responsibility to check this page from time to time for updates, and you hereby acknowledge and agree that you will be bound by the then current posted terms of use. 
 

Miscellaneous 
 

This TOU constitutes the entire agreement between you and Better Clarity and governs your use of the platform, superseding any prior agreements between you and Better Clarity. You will not assign the TOU or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of Better Clarity. Any purported assignment or delegation by you without the appropriate prior written consent of Better Clarity will be null and void. We may assign these TOU or any rights hereunder without your consent. Failure by Better Clarity to insist on strict performance of any of the terms and conditions of this TOU will not operate as a waiver by Better Clarity of that or any subsequent default or failure of performance. The platform is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Better Clarity to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the platform or any portion of the platform, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the service or other features that the platform provides. If any provision (or part thereof) contained in this TOU is determined to be void, invalid, or otherwise unenforceable by a court of competent jurisdiction or on account of a conflict with an applicable government regulation, such determination shall not affect the remaining provisions (or parts thereof) contained herein and the illegal, invalid, or unenforceable clause shall be modified in compliance with applicable law in a manner that most closely matches the intent of the original language. No joint venture, partnership, employment, or agency relationship exists between you and Better Clarity as a result of this TOU or your utilization of the Better Clarity platform. 

Headings herein are for convenience only 

Terms of use: last updated October 18, 202