BEING AUTHENTIC TODAY TERMS OF USE

Last Updated April 6, 2022

BeingAuthenticToday.org is a lifestyle blog hosted by Tamara Belland of Changing Course Productions, Inc

to entertain and educate people on their journeys to becoming their most authentic selves.

ACCEPTANCE OF AGREEMENT

These Terms of Use apply to the Being Authentic Today (“BAT,” “we,” “our,” or “us”) website located at

www.beingauthentictoday.org (the “Site”) and include any future modifications and/or addenda.

The following terms of use, together with any documents incorporated by reference (this

“Agreement”) govern your use of the Site and any other sites, products, services, features,

contents, mobile sites, and applications/or offered by us from time to time that link or otherwise

refer to this Agreement, (collectively, including the Site, the “Services”).

Your use of the Services is also subject to additional guidelines or rules posted

in certain areas of the Service.

BAT may incorporate additional guidelines, rules, and/or supplemental terms are also

incorporated into this Agreement. Failure to comply in full with the Agreement will result in

cessation of access and use privileges and may result in legal actions taken against offending

individuals and/or organizations in our sole discretion. We reserve the right to block your access

to the Services for violation of this Agreement. This Agreement may be updated at any time

without notice. You agree to review the Agreement periodically to be aware of such

modifications. Your continued use of the Services constitutes acceptance of any changes to this

Agreement.

Please read this Agreement carefully before you start to use the Services. BY ACCESSING

AND/OR USING THE SERVICES, YOU ACCEPT AND AGREE TO BE BOUND AND

ABIDE BY THIS AGREEMENT AND BAT'S PRIVACY NOTICE (WHICH IS

INCORPORATED HEREIN BY REFERENCE) AND TO COMPLY WITH ALL

APPLICABLE LAWS, RULES, AND REGULATIONS (COLLECTIVELY,

“APPLICABLE LAWS”). If you do not want to agree to this Agreement and the Privacy

Notice, you must not access or use the Services.

DEFINITIONS

The word “User(s)” means any Person (also referred to as “you” or “your”) visiting, accessing,

or using the Services. The word “Person(s)” means any natural person, donor, sole

proprietorship, corporation, partnership, or other entity whatsoever. The word “or” includes the

word “and” The words “includes” or “including” means “includes, but is not limited to” or

“including, but not limited to.”

USE LIMITATIONS

ELIGIBILITY

The Services are offered and available to Users who reside in the United States. By using our

Services, you represent that you are at least thirteen (13) years of age, and if you are under

eighteen (18), that your parent or legal guardian agrees to be bound by this Agreement, and that

you have not been previously removed from or prohibited from using BAT’s Services. For all

Users and Persons over the age of 18 that visit, access, and/or using the Services, you represent

and warrant that you are of legal age to form a binding contract with BAT and meet all of the

foregoing eligibility requirements. If you do not meet all of these requirements, you must not

access or use the Services.

Users and the Person executing this Agreement on behalf of any User that is a proprietorship,

corporation, partnership, or other entity, represent that such Person is duly authorized by all

necessary and appropriate corporate or other action to execute the Agreement on behalf of User.

To access the Services or some of the resources therein, you may be asked to provide certain

registration details or other information. It is a condition of your use of the Services that all the

information you provide is accurate, current, and complete. You agree that all information you

provide to register for a Service or otherwise, including through the use of any interactive

features on the Services, is governed by the Privacy Notice, and you consent to all actions we

take with respect to your personal information consistent with the Privacy Notice. For purposes

of this Agreement, “personal information” means information that relates to, describes, is

capable of being associated with, or could reasonably be linked, directly or indirectly, with a

particular individual or household.

PROHIBITED USES

You may only use the Services for lawful purposes and in accordance with this Agreement. You

specifically agree to not:

 Violate any Applicable Laws while using the Services;

 Use the Services for the purpose of exploiting, harming, or attempting to exploit or harm any

Person in any way, including minors by exposing them to inappropriate content, asking for

personally identifiable information, or otherwise;

 Use the Services to transmit, or procure the sending of, any advertising or promotional

material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation;

 Impersonate or attempt to impersonate BAT, a BAT employee or volunteer, another User, or

any other Person (including by using e-mail addresses or user names associated with any of

the foregoing);

 Engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or

which, as determined by us, may harm BAT or Users of the Services or expose them to

liability;

 Attempt to disable, overburden, damage, or impair the Site or interfere with any other party’s

use of the Services, including their ability to engage in real-time activities through the

Services;

 Take any action that imposes an unreasonable or disproportionately large load on BAT’s

technical infrastructure;

 Copy the Services and/or any of the content, data, and/or materials therein for any other

unauthorized purpose without our prior written consent;

 Use any data mining, robot, spider, crawler, cancelbots, or other devices, processes, or means

to access the Services and/or facilitate the misuse of the Services for any purpose, including

monitoring or copying any of the content, data, or materials that are part of the Services;

 Reverse-engineer, disassemble, or decompile the Services and/or any content, data, and/or

materials therein, or attempt to do the same;

 Use any device, software, or routine that interferes with the proper working of the Services or

otherwise attempt to interfere with the proper working of the Services;

 Introduce any viruses, trojan horses, worms, logic bombs, or other material which is

malicious or technologically harmful or otherwise attempt to gain unauthorized access to,

interfere with, damage, or disrupt any parts of the Services, the server(s) on which the

Services are stored, or any server, computer, or database connected to the Services;

 Attack the Services via a denial-of-service attack, a distributed denial-of-service attack, or

another similar attack; or

 Participate in coordinated efforts or group activities with others in order violate or to exceed

these use limitations. Failure to comply with these limitations will result in cessation of

access and use privileges and may result in legal action against the offending individuals

and/or organizations at the discretion of BAT.

GEOGRAPHIC RESTRICTIONS

The owner of the Services is based in the United States. We provide the Services for use only by

Persons located in the United States. We make no claims that the Services or any of its content

is accessible or appropriate outside of the United States. Access to the Services may not be legal

by certain Persons or in certain countries. If you access the Services from outside the United

States, you do so on your own initiative and are responsible for compliance with local laws.

PRICING, BILLING, FEES, & TRANSACTIONS

BAT may charge incidental fees for products sold. All sales are final and not entitled to a

refund.

NOTICES

You agree that any notices that BAT may be legally required to send to you will be effective

upon either: (a) BAT’s sending an e-mail message to the e-mail address you have on file with

BAT; or (b) BAT publishing such notices on the 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.

FORCE MAJEURE

A Force Majeure is defined as an Act of God, pandemic, epidemic, contagion, disease, fire,

flood, earthquake, storm, act of terrorism, war, protest, civil disobedience, riot, rebellion,

accident, explosion, crime, change in law or regulation, any disruption, outage or malfunction of

interference in communication, network, equipment, or software, act of any military, civil or

regulatory authority, any disruption or delay in supplies, power or other utilities, any labor

disputes or shortage, natural disaster, actions or decrees of governmental bodies, strikes, or

embargo.

DISCLAIMER OF WARRANTIES, TERMS, & LIABILITY

THE SERVICES, INCLUDING ANY CONTENT, DATA, AND/OR MATERIALS

ACCESSIBLE ON THE SERVICES, ARE PROVIDED “AS IS” AND “AS AVAILABLE”

AND THERE MAY BE DELAYS, OMISSIONS, AND/OR INACCURACIES IN SUCH

ITEMS. BAT INDEMNIFIED PARTIES (AS DEFINED BELOW) CANNOT AND DO NOT

GUARANTEE THE ACCURACY, SEQUENCE, COMPLETENESS, TIMELINESS,

MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE SERVICES

AND/OR THE CONTENT, DATA, AND/OR MATERIALS MADE AVAILABLE THROUGH

THE SERVICES OR BY ANY FORCE MAJEURE OR ANY OTHER CAUSE BEYOND

THEIR REASONABLE CONTROL AND HEREBY EXPRESSLY DISCLAIM ANY

WARRANTY THEREFORE.

BAT INDEMNIFIED PARTIES SHALL NOT BE LIABLE TO YOU OR TO ANYONE ELSE

FOR ANY LOSS OR INJURY CAUSED IN WHOLE OR IN PART BY ITS NEGLIGENCE,

OMISSION IN PROCURING, COMPILING, INTERPRETING, EDITING, WRITING,

REPORTING, TRANSMITTING, OR DELIVERING ANY DATA THROUGH THE

SERVICES OR FOR INTERRUPTION IN THE SERVICES. IN NO EVENT, WILL BAT

INDEMNIFIED PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR YOUR USE OF

OR INABILITY TO USE THE SERVICES, THE SITE, ANY SITES LINKED TO OR FROM

THE SERVICES, ANY DATA ON THE SERVICES, OR ANY DECISION MADE OR

ACTION TAKEN BY YOU IN RELIANCE UPON SUCH INFORMATION OR DATA OR

FOR ANY CONSEQUENTIAL, SPECIAL OR SIMILAR DAMAGES, INCLUDING BUT

NOT LIMITED TO LOST PROFITS, DAMAGES RESULTING FROM INCONVENIENCE,

OR LOSS OF USE OF THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF

SUCH DAMAGES. THIS SERVICE MAY BE DISCONTINUED OR LIMITED AT ANY

TIME. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE

EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

BAT makes no warranties of any kind regarding any third-party sites or services (“Third-Party

Services”) to which you may be directed or linked to from the Services. Links are included

solely for your convenience, and BAT makes no representations or warranties with regard to the

accuracy, availability, suitability, or safety of information provided in such Third-Party Services.

Inclusion of any Third-Party Service or a link thereto on the Services does not imply approval or

endorsement by BAT of the Third-Party Service. When you engage with a provider of a Third-

Party Service, you are interacting with the third-party, not with BAT. When you access Third-

Party Services, you understand that you do so at your own risk. If you choose to use a Third-

Party Service and share information with it, the provider of the Third-Party Service may use and

share your data in accordance with its Privacy Notice and your privacy settings on such Third-

Party Service. You should not provide any personally identifiable information to or through any

Third-Party Service unless you know and are comfortable with the party with whom you are

interacting. In addition, the provider of the Third-Party Service may use other parties to provide

portions of the application or service to you, such as technology, development or payment

services.

INDEMNIFICATION

You agree to indemnify and hold BAT, its parents, subsidiaries, affiliates, licensors, advertisers

and sponsors, volunteers, agents, directors, officers, and employees and third-party information

providers (collectively, the “Company Indemnified Parties”) harmless from and against any

and all Losses resulting or arising from any claim, action or proceeding brought by any third

party in connection with or relating to your access to or use of the Services (or the use of the

Services by another Person using your password) or violation of this Agreement. “Losses”

means any and all penalties, claims, actions, suits, costs, judgments, settlements, and expenses of

whatever nature, whether incurred by or issued against an indemnified party or a third party,

including: (a) indirect, special, punitive, consequential, or incidental losses or damages

(including, but not limited to, trading losses, loss of anticipated profits, loss by reason of

shutdown in operation or increased expenses of operation, or other indirect loss or damage); and

(b) administrative costs, investigatory costs, litigation costs, expert costs, and auditors’; fees and

costs, and attorneys’; fees, costs, and disbursements (including in-house personnel).

PROPRIETARY RIGHTS & PROTECTION

All of the data, information, content, materials, services, and software displayed on, transmitted

through, or used in connection with the Services, including, for example, reviews, text,

photographs, images, illustrations, HTML, source and object code, software, Data (as defined

below), etc., as well as its trade dress, layout, presentation, selection, and arrangement, are

owned by BAT (collectively, the “Content”). BAT actively protects its rights to the Content to

the fullest extent of the law. You may not use such Content except as provided in this

Agreement.

You may use the Services online and solely for your personal, non-commercial use. No other

use is permitted. You may not, for example, republish the Content on any Internet, Intranet, or

Extranet site or incorporate the Content in any database, compilation, archive, or cache. You

may not distribute any of the Content to others, whether or not for payment or other

consideration, and, unless explicitly permitted on the Services, you may not modify, copy, frame,

reproduce, sell, publish, transmit, display, download, share, or otherwise use any portion of the

Content without the prior written consent of BAT. For information on requests to use the

Content for any purpose other than as permitted in this paragraph, please contact us at

hello@beingauthentictoday.org. Any use of the Services not expressly permitted by this

Agreement is a breach of this Agreement and may violate copyright, trademark, and/or other

laws.

The Services contain data and other information including written words (collectively, the

“Data”). The Data may be generated by BAT or gathered by BAT from other sources. You

acknowledge and agree that the Data are highly proprietary in nature and that unauthorized

copying, transfer, or use may cause BAT or its affiliates, agents, information providers, and

licensors irreparable injury that cannot be adequately compensated for by means of monetary

damages. You agree that any breach of the Agreement may be enforced by BAT by means of

equitable relief (including, but not limited to, injunctive relief) in addition to any other rights and

remedies available to it. You may not frame or utilize framing techniques that involve any

Content, trademark, logo, copyrighted material, or other proprietary information (including

images, text, page layout, or form) of any portion of the Services without our express prior

written consent.

WEBSITE CONTENT DOWNLOADS AND SUBSCRIPTION TO NEWSLETTER

By registering on our Site to download books, products, or other items, you acknowledge that are

agreeing to receive correspondence from us in the form of email or newsletters. If you decide

that you would no longer wish to unsubscribe from receiving emails or newsletters from us,

please send us an email informing us that you would like to opt-out. Emails can be sent to

hello@beingauthentictoday.org.

CONTESTS AND PROMOTIONS

Contests and other promotions that you enter on our Site, service, application, platform, or with a

third-party website may be subject to official rules and/or conditions that are supplemental to this

Agreement and may provide details governing the contest or promotion. Contest or promotion

details may include eligibility requirements, entry instructions, deadlines, prize information, and

restrictions. If you wish to participate in any contest or promotion, please first review the

applicable contest or promotion official rules and/or conditions. If a contest or promotion’s rules

and/or conditions conflict with this Agreement, the provisions contained in the official rules

and/or conditions govern or control the conflict or promotion. Your entry into a contest or

promotion constitutes User Generated Content and is subject to all provisions of this Agreement

that govern your submission and our use of your user Generated Content.

USER GENERATED CONTENT

Our Site may ask for or allow you to communicate, submit, upload or otherwise make available

text, chats, images, audio, video, contest entries or other content (“User Generated Content”),

which may be accessible and viewable by the public. Access to these features may be subject to

age restrictions. You may not submit or upload User Generated Content that is defamatory,

harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic, or otherwise

offensive or that harms or can reasonably be expected to harm any person or entity, whether or

not such material is protected by law.

Typically, we do not claim ownership of your User Generated Content; however, you grant us a

non-exclusive, sublicensable, irrevocable and royalty-free worldwide license under all

copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual

property rights for the full duration of those rights to use, reproduce, transmit, print, publish,

publicly display, exhibit, distribute, redistribute, copy, index, comment on, modify, transform,

adapt, translate, create derivative works based upon, publicly perform, publicly communicate,

make available, and otherwise exploit such User Generated Content, in whole or in part, in all

media formats and channels now known or hereafter devised (including in connection with the

Site, application, and/or platform), in any number of copies and without limit as to time, manner

and frequency of use, without further notice to you, without attribution (to the extent this is not

contrary to mandatory provisions of applicable law), and without the requirement of permission

from or payment to you or any other person or entity. You agree that submission of User

Generated Content does not establish any relationship of trust and confidence between you and

us and that you have no expectation of compensation whatsoever (except as may be specifically

mentioned by us, in connection with the submission, or arising from it).

You represent and warrant that your User Generated Content conforms to this Agreement and

that you own or have the necessary rights and permissions including, without limitation, all

copyrights, music rights and likeness rights (with respect to any person) contained in the User

Generated Content, without the need for payment to any other person or entity, to use and

exploit, and to authorize us to use and exploit, your User Generated Content in all manners

contemplated by this Agreement; and you agree to indemnify and hold us harmless from any

claims or expenses (including attorneys’ fees) by any third party arising out of or in connection

with our use and exploitation of your User Generated Content resulting from your breach of this

Agreement. You also agree to waive and not to enforce any moral rights, ancillary rights or

similar rights in or to the User Generated Content against us or our licensees, distributors, agents,

representatives and other authorized users, and agree to procure the same agreement to waive

and not to enforce from others who may possess such rights.

To the extent that we authorize you to create, post, upload, distribute, publicly display or

publicly perform User Generated Content that requires the use of our copyrighted works, we

grant you a non-exclusive license to create a derivative work using the specifically referenced

copyrighted works as required for the sole purpose of creating such a work, provided that such

license shall be conditioned upon your assignment to us of all rights worldwide in the work you

create for the duration of copyright in the User Generated Content, in all formats and media

known or to be created in the future, including for use on the Site, application, platform and third

party sites and platforms. If such rights are not assigned to us, your license to create derivative

works using our copyrighted works shall be null and void.

We may monitor, screen, post, remove, modify, store and review User Generated Content or

communications sent to us, at any time and for any reason, including to ensure that the User

Generated Content or communication conforms to this Agreement, without prior notice to you.

We may terminate your account and access to our Site if your User Generated Content violates

this Agreement, including unlawful postings or content, without prior notice to you. We are not

responsible for, and do not endorse or guarantee the opinions, views, advice, or

recommendations posted or sent by users.

DURATION & SURVIVAL

Even after your access to the Services is terminated by you or by BAT, this Agreement will

remain in full force and effect with respect to your past and future use of the Services. If any of

the provisions of this Agreement, or application thereof to any Person or circumstance, shall to

any extent be held invalid or unenforceable, the remainder of this Agreement, or the application

of such terms or provisions to Persons or circumstances other than those as to which they are

held invalid or unenforceable, shall not be affected thereby and each such term and provision of

this Agreement shall be valid and enforceable to the fullest extent permitted by law.

CHANGES TO THE SERVICES OR THE AGREEMENT

BAT may, at any time, change or discontinue any aspect or feature of a Service, including

Content and hours of availability. We may update the Content, including, but not limited to, any

Data on the Services from time to time, but Content is not necessarily complete or up-to-date.

Any of the material on the Services may be out-of-date at any given time, and we are under no

obligation to update such material.

You agree to be bound by future revisions of this Agreement. It is your responsibility to visit the

“Terms of Use” link at the bottom of the www.beingauthentictoday.org homepage periodically to

review the most current terms and conditions. BAT may also impose limits on certain features

and services or restrict your access to parts or all of a Service without notice or liability. We

reserve the right to withdraw or amend the Services, and any material we provide on the

Services, in our sole discretion without notice. We will not be liable if for any reason all or any

part of the Services are unavailable at any time or for any period. From time to time, we may

restrict access to some or all parts of the Services to Users.

BAT may revise and update this Agreement from time to time in our sole discretion. All

changes are effective immediately when we post them and apply to all access to and use of the

Services thereafter. Your continued use of any Service following the posting of a revised

Agreement means that you accept and agree to the changes. You are expected to check this page

from time to time so you are aware of any changes, as they are binding on you.

DISSEMINATION, DISCONTINUANCE, OR MODIFICATION

You understand that, at any time, BAT may discontinue disseminating any feature of the

Services. You will not hold BAT liable for any resulting liability, loss, or damages that may

arise therefrom. You acknowledge that BAT, in its sole discretion, may from time to time make

modifications to its system(s), the Services, or Data.

PRIVACY

Your use of the Services is also governed by BAT’s Privacy Notice and Children’s Online

Privacy and Protection Act Policy. BAT does not knowingly allow access to or collect

information from children under the age of thirteen (13), without verifiable parental or guardian

consent. If you are not over the age of thirteen (13), please do not use the Services.

GOVERNING LAW & JURISDICTION

This Agreement shall be governed by and construed in accordance with laws of the State of

Iowa, without giving effect to any choice of law or conflict of law provision or rule that would

cause the application of the laws of any jurisdiction other than the State of Iowa. The Parties

agree to resolve any disputes peaceably and amicably first. Should any dispute arise over the

application or interpretation of the Agreement, the Parties shall meet to discuss their difference

and arrive at a mutual Agreement. If a mutual Agreement cannot be reached within sixty (60)

days by employing the above methods, the Parties shall consult a private mediator agreeable to

both Parties. Reasonable fees for the mediator shall be split equally between the Parties. Each

Party is responsible for their own attorney’s fees resulting in the mediation. If any such dispute

cannot be resolved through mediation with the 90-day period, any and all claims and actions

arising of or relating to this Agreement or relationship of the Parties, shall be exclusively

litigated in the Jefferson County, Iowa. Each Party shall be responsible for their own attorney’s

fee resulting from such litigation.

CLASS ACTION WAIVER

BOTH YOU AND BAT WAIVE THE RIGHT TO BRING ANY CONTROVERSY, CLAIM,

OR DISPUTE ARISING OUT OF OR RELATING IN ANY WAY TO YOUR USE OF THE

SERVICES OR PURCHASES THROUGH THE SERVICES AS A CLASS,

CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY

GENERAL ACTION, OR TO PARTICIPATE IN A CLASS, CONSOLIDATED,

REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION

REGARDING ANY SUCH CLAIM BROUGHT BY ANYONE ELSE.

ENTIRE AGREEMENT

This Agreement, the Privacy Notice, and the Class Action Waiver, any supplemental terms,

applicable Third-Party Terms (as defined below) and any other required documents for use of the

Services, constitute the sole and entire agreement between you and the Organization with respect

to the Services and supersede all prior and contemporaneous understandings, agreements,

representations, and warranties (both written and oral) with respect to the Services.

FEEDBACK, COMMENTS, & CONCERNS

All feedback, comments, concerns, requests for technical support, and other communications

relating to the Services should be directed to hello@beingauthentictoday.org. For any ideas,

suggestions, recommendations, requests, or other feedback that you provide to the Organization

(collectively, “Feedback”) you grant the Organization a perpetual, irrevocable, transferable,

worldwide, fully-paid, royalty-free license to create derivative works and fully use and exploit

such Feedback without any obligation to you (monetary or otherwise).

TRADEMARK & COPYRIGHT OWNERSHIP NOTICE

The Services contain proprietary, original content that is protected by U.S. copyright and

international treaties. Changing Course Productions, Inc. retains all intellectual

property rights. Changing Course Productions, Inc. will pursue legal action

against anyone who misappropriates its name, trademarks, or content. This notice constitutes

fair warning. All trademarks used herein are the exclusive property of their respective trademark

owners and may not be used in any way without written consent of their owner. Without

limiting the foregoing, the following notices will apply to the Services:

The trademarks and their corresponding logos are owned by Changing Course Productions, Inc.

This copyright statement applies to all photography, images, poetry, blogs, videos and all creative work

found on this website unless stated otherwise.

Headquartered in Fairfield, Iowa U.S.A.