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Terms and Conditions of Use
Last updated on January 30, 2024
NOTICE: These Terms and Conditions of Use are legally binding. It is Your responsibility to read these Terms and Conditions of Use carefully prior to purchase, use or access of any of our products, including online courses. PLEASE READ EACH SECTION IN ITS ENTIRETY.
Welcome to The Prep Talks, operated by The Prep Talks, LLC (“we,” “us,” or “our”). The term “You” or “Your” refers to any user or purchaser of said program(s), product(s) or service(s) (the “Services” and “Platforms”). Upon interacting and engaging with our website at www.theprep-talks.com (the “Site”) and The Prep Talks-controlled social media pages (including Facebook, Instagram, TikTok, LinkedIn, and Twitter), joining our mailing list, purchasing a product from us, or otherwise using our services (collectively, the “Services”), You agree to, and are bound by, these Terms of Use (the “Terms” or “Agreement”) along with the other legal documents listed on the website, including the Privacy Policy, which may but are not necessarily incorporated into this agreement by reference. Upon interacting with The Prep Talks Platforms and Services, You consent to the terms outlined in this agreement, along with the other legal and privacy policies associated with our Services. We reserve the right to change and amend the terms of this agreement at will.
This policy will be updated periodically, so we encourage You to review it when You use our website for any purpose or engage with us on social media. We will alert You to any changes to this Policy by changing the “last updated” date at the top of this Policy. Any changes become effective immediately upon publication on our website, and You waive specific notice of any changes to the Policy by continuing to use and access our site(s). You are deemed to have accepted any changes to any revised Policy by Your continued use of our website after the revised Policy is posted. If You do not agree with the terms in this Policy, please do not use the website or provide any information to us. By continuing to use our Platforms, You consent to the changes and will be legally bound by the updated terms. You may choose to no longer be bound by these Terms by completely and immediately stopping Your use of our Services.
In the event that You have any questions or concerns about our Terms of Use Policy, please contact us at hello@theprep-talks.com.
1. THE WEBSITE AND SERVICES ARE FOR INFORMATIONAL PURPOSES ONLY AND DO NOT PROVIDE MEDICAL OR PSYCHOLOGICAL ADVICE.
You must be at least eighteen years of age to use our Platforms and Services.
The Website and Services provide information and entertainment in the fields of parenthood, health, mental health, exercise, food and other related information to child rearing. The information and Services provided on this website are strictly for entertainment and informational purposes. BY USING THIS WEBSITE AND THESE SERVICES, YOU EXPRESSLY AGREE AND UNDERSTAND THAT THE INFORMATION ON THIS WEBSITE AND THE SERVICES CANNOT AND SHOULD NOT BE USED IN LIEU OF PROFESSIONAL MEDICAL OR PSYCHOLOGICAL ADVICE, DIAGNOSIS OR TREATMENT WHICH CAN ONLY BE PROVIDED BY A PHYSICIAN, PSYCHOLOGIST, PSYCHIATRIST, OR AN APPROVED HEALTH CARE PROFESSIONAL.THIS WEBSITE, AND ASSOCIATED SERVICES, ARE FOR EDUCATIONAL PURPOSES ONLY. THE WEBSITE AND SERVICES DO NOT PROVIDE MEDICAL OR PSYCHOLOGICAL ADVICE. We advise You to consult with Your physician, psychologist, or psychiatrist before implementing any of the information contained within this Website or provided by the Services. Contact Your health care provider immediately if You suspect that You or Your child has a medical or mental health problem. Under no circumstances should You ignore the recommendations or guidance of a licensed Physician or Approved Health Care Provider because of potentially conflicting information and guidance provided by this Website and/or Services.
NONE OF THE INFORMATION AND/OR EDUCATIONAL INFORMATION PROVIDED ON THIS WEBSITE AND/OR SERVICES HAS BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION (FDA) AND ABSOLUTELY NONE OF THE INFORMATION IS DESIGNED TO TREAT, CURE, OR PREVENT ANY DISEASE OR TO BE CONSIDERED IN ANY CAPACITY, MEDICAL OR PSYCHOLOGICAL ADVICE.
The nature of research in the fields of health, mental health, exercise and nutrition is such that it is continuously evolving and therefore, we cannot guarantee that the information provided on the Website and/or Services is always the most up to date. We strive to provide You with the most up to date information.
You expressly understand that the use of this Website and/or Services DOES NOT constitute or create a physician/patient relationship or for that matter, a privileged and/or confidential relationship of any kind.
BY USING THIS WEBSITE AND SERVICES, YOU ACKNOWLEDGE THAT YOU ARE SOLELY AND PERSONALLY RESPONSIBLE FOR YOUR OWN HEALTH AND WELL BEING. YOU ACKNOWLEDGE THAT BY RELYING ON THE INFORMATION CONTAINED IN THIS WEBSITE AND THE ASSOCIATED SERVICES, YOU DO SO AT YOUR OWN RISK AND ABSOLOVE The Prep Talks, LLC OF ALL LIABILITY AND LOSS THAT MAY ARISE BY YOUR IMPLEMENTATION OF THE ADVICE AND/OR SUGGESTIONS PROVIDED BY THIS WEBSITE AND SERVICES.
2. ELIGIBILITY TO USE SERVICES
Not everyone is permitted to create and maintain an account used for our Services. By using our Services, You warrant that:
You are at least 18 years of age;
You have not been previously blocked by us from registration;
You agree to not violate any an all applicable laws, including privacy laws, intellectual property (IP) laws, anti-spam laws, and illegal dissemination;
You agree to use the Services in a way that does not disrupt the Services or community;
You agree to not harass, defame, or otherwise abuse or mistreat any person on the Platform or any The Prep Talks staff;
You agree to not access or use another user’s account, even with their permission;
You agree to not copy, change, or distribute any derivative works from the content in our Services, including material, images, trademarks, trade names, intellectual property, or additional content;
You agree to not damage our Services by injecting viruses or other harmful code into our website or Services;
You agree to not access, use, or publish any of The Prep Talks content without explicit, written consent
3. CONTENT
The Prep Talks owns all content on our Platforms and Services. Any content, text, graphics, images, trademarks, logos, and other intellectual property appearing on our Services is owned, controlled, and/or licensed by us and protected. All rights, title, and interest to our Services and Content remains with us at all times.
4. INTELLECTUAL PROPERTY RIGHTS
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by The Prep Talks, LLC, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:
Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may print [or download] one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
If we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not:
Modify copies of any materials from this site.
Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
If you wish to make any use of material on the Website other than that set out in this section, please address your request to: hello@theprep-talks.com.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by The Prep Talks, LLC. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
5. TRADEMARKS
The Prep Talks, LLC name, the terms and all related names, logos, product and service names, designs, and slogans are trademarks of The Prep Talks, LLC or its affiliates or licensors. You must not use such marks without the prior written permission of The Prep Talks, LLC. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
6. ERRORS AND OMISSIONS
We make no warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information in our Services and Platforms. We are not liable for any inaccuracies, errors or reliance on personal opinions contained in our Services or related material(s).
7. INAPPROPRIATE CONTENT AND MISCONDUCT
If You discover inappropriate or inaccurate content on our Platforms or Services, please report the content and the user by contacting us.
8. PRIVACY
Please review our separate Privacy Policy for details. By using our Services, You agree that You have read and agreed to our Privacy Policy.
9. ACCOUNT TERMINATION
At any time, You may delete Your account. If Your account is terminated by You or by us for any reasons, voluntarily or involuntarily, these Terms remain enforceable. If we choose to terminate Your account due to violation of the terms set forth in this agreement, You will not be refunded for any purchases.
10. REFUNDS
All purchases are nonrefundable.
11. DISCLAIMER
The Prep Talks, LLC DISCLAIMS ALL LIABILITY FOR ANY RESULTING HARM FROM THE ACTS OR OMISSIONS OF YOURSELF AND/OR OTHER USERS, WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE SERVICE OR OTHERWISE. ANY CONTENT OR INFORMATION ACCESSED THROUGH THE USE OF OUR SERVICES IS UNDERSTOOD TO BE ACCESSED AND USED AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, The Prep Talks, LLC IS NOT RESPONSIBLE TO YOU OR ANY OTHER PERSON FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES. MORE SPECIFICALLY, DAMAGES MAY INCLUDE, BUT ARE NOT LIMITED TO, DAMAGES TO YOUR COMPUTER HARDWARE, COMPUTER SOFTWARE, AND DAMAGES FOR LOSS OF DATA.
YOU FURTHER UNDERSTAND THAT YOUR SAFETY IS ENTIRELY UP TO YOU AND YOU ARE ULTIMATELY RESPONSIBLE FOR YOUR OWN SAFETY WHEN MEETING OTHER USERS ON THE PLATFORMS AND IN PERSON. YOU UNDERSTAND THAT WE WILL NOT BE LIABLE FOR PHYSICAL DAMAGES, BODILY INJURY OR EMOTIONAL DISTRESS, DAMAGES ARISING OUT OF THE USE OF THIS SERVICE.
12. TECHNOLOGY DISCLAIMER
We make reasonable efforts to provide You with modern, reliable technology, software and Platforms from which to access our Services and related material(s). However, in the event of a technological failure, You accept and acknowledge our lack of responsibility for said failure, and while we will make reasonable efforts to support You, some technological issues are far outside our control and will require You to access support from a third party provider, such as Teachable.
13. THIRD PARTY CONTENT
The Prep Talks, LLC Services and Platforms may display advertisements and promotions provided by third parties, which may or may not link to the third parties’ respective websites and/or resources. It is possible that the third parties’ websites and resources are not properly functioning at the time of their display on our Platforms. We are not responsible for the availability of these websites or their content. Moreover, The Prep Talks, LLC is not liable for, and does not necessarily support the goods or services provided directly by third-party websites or resources. In the event that You decided to engage with the third parties, which You interfaced with through our Services, the third party’s terms will govern their relationship with You. The Prep Talks, LLC is not responsible or liable for such third parties’ terms or actions.
14. AFFILIATES
This site and our Platforms may use affiliate links to sell certain products or services. We disclaim any and all liability as a result of Your purchase through one of these links. We will use reasonable efforts to notify You when and where we have placed affiliate links in addition to this disclaimer located in these Terms of Use.
15. GEOGRAPHIC RESTRICTIONS
The owner of the Website is based in the State of Washington in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
16. GOVERNING LAW AND JURISDICTION
All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Washington without giving effect to any choice or conflict of law provision or rule (whether of the State of Washington or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Washington. All disputes arising out of or related to these terms must be resolved in King County, Washington in accordance with the Dispute Resolution and Binding Arbitration procedures set forth in Section 17.
17. DISPUTE RESOLUTION AND BINDING ARBITRATION
In the event that You are not happy with our Services, please first contact us immediately, so we can work to rectify the situation together. If You and The Prep Talks, LLC cannot find a resolution to a dispute or potential claim by means of good-faith negotiation, then You explicitly agree to make a reasonable attempt to resolve any such dispute through Alternative Dispute Resolution or Mediation before pursing a legal claim. In the event that You decide to pursue a claim against The Prep Talks, LLC You agree to arbitration pursuant to the terms in this Section 13.
(a) YOU AND THE PREP TALKS, LLC ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM]. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
(b) The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Section 12. (The AAA Rules are available at adr.org or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
(c) You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR THE PREP TALKS, LLC WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
18. INDEMNIFICATION
You agree at all times to indemnify and hold harmless The Prep Talks, our affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of Your breach of these Terms of Service or the documents they incorporate by reference, or Your violation of any law or the rights of a third-party.
19. NON-DISPARAGEMENT
If You are found to be slandering, libeling or otherwise disparaging The Prep Talks, LLC, Services, Platforms, or related materials at our discretion, You will be immediately removed from the Services, Platforms, and any related communications. We reserve the right to file a civil claim of action against You for any such damaging actions You take that materially harm our The Prep Talks, LLC and/or employees..
20. ACCEPTANCE OF ALL TERMS
By engaging and utilizing our Services, irrespective of the technological device which allows You to use our Services, You agree to be bound by (i) these Terms, which we may alter and update from time to time and (ii) our Privacy Policy. Please ensure You have read all policies in their entirety before purchasing Services or engaging with Platforms.
21. AGREEMENT
The entirety of Your agreement with The Prep Talks, LLC concerning Your use of our Services and Platforms is encompassed by these Terms, the Privacy Policy, and any Additional Terms Upon Purchase, all of which supersede any prior agreements or representations between us, oral or written. If it is determined that any clause or provision of these Terms is unenforceable for being either illegal or invalid, the remainder of the Terms shall continue in full force and effect. In the event that The Prep Talks, LLC shall fail to implement or enforce any right or provision of these Terms, such a failure shall not constitute a waiver of such right or provision. By using our Services, You give Your consent to the fact that Your account is non-transferable and all of Your rights to Your account and its content immediately end upon Your death, unless otherwise provided by law. You may not transfer or assign any rights and licenses granted hereunder. We may, however, at our discretion assign these rights as we see fit and restriction. By using our Services, You agree that no agency, partnership, joint venture, fiduciary or other special relationship or employment is created as a result of these Terms, and You may not make any representations on behalf of or bind The Prep Talks, LLC in any capacity.