Terms of Use (Rev. 1343F05) 1 / 11

Commonwealth of Virginia Rev. 1343F05

TERMS OF USE

MY SOBER JOURNEY

Version Date: July 18, 2022

TERMS OF USE AGREEMENT

This Terms of Use Agreement (“Agreement”), along with our Company Privacy Policy

(https://mysoberjourney.tuesdayrobbins.com/privacy-policy/), constitutes a legally binding agreement

made between you, whether personally or on behalf of an entity (“user” or “you”) and My Sober Journey and its

affiliated companies, Websites, applications and tools (collectively,company” or “we” or

“us” or “our”), concerning your access to and use of the https://mysoberjourney.tuesdayrobbins.com

Website(s) as well as any other media form, media channel, mobile website or mobile application related

or connected thereto (collectively, the “Sites”). The Sites provide the following service: Blog post and

videos about my recovery (“Company Services”). Supplemental terms and conditions or documents that

may be posted on the Sites from time to time, are hereby expressly incorporated into this Agreement by

reference.

Company makes no representation that the Sites is appropriate or available in other locations other than

where it is operated by Company. The information provided on the Sites 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 Company to any registration requirement within such

jurisdiction or country. Accordingly, those persons who choose to access the Sites from other locations do

so on their own initiative and are solely responsible for compliance with local laws, if and to the extent

local laws are applicable.

All users who are minors in the jurisdiction in which they reside (generally under the age of 18) are not

permitted to register for the Sites or use the Company Services.

YOU ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT BY ACKNOWLEDGING SUCH

ACCEPTANCE DURING THE REGISTRATION PROCESS (IF APPLICABLE) AND ALSO BY

CONTINUING TO USE THE SITES. IF YOU DO NOT AGREE TO ABIDE BY THIS AGREEMENT, OR

TO MODIFICATIONS THAT COMPANY MAY MAKE TO THIS AGREEMENT IN THE FUTURE, DO NOT

USE OR ACCESS OR CONTINUE TO USE OR ACCESS THE COMPANY SERVICES OR THE SITES.

REFUND AND RETURN

USER REPRESENTATIONS

Regarding Your Registration

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By using the My Sober Journey Services, you represent and warrant that:

1. all registration information you submit is truthful and accurate;
2. you will maintain the accuracy of such information;
3. you will keep your password confidential and will be responsible for all use of your password and

account;

1. you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental

permission to use our Sites; and

1. your use of the Company Services does not violate any applicable law or regulation.

You also agree to: (a) provide true, accurate, current and complete information about yourself as

prompted by the Sites’ registration form and (b) maintain and promptly update registration data to keep it

true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current

or incomplete, or Company has reasonable grounds to suspect that such information is untrue,

inaccurate, not current or incomplete, Company has the right to suspend or terminate your account and

refuse any and all current or future use of the Sites (or any portion thereof).

We reserve the right to remove or reclaim or change a user name you select if we determine appropriate

in our discretion, such as when the user name is obscene or otherwise objectionable or when a

trademark owner complains about a username that does not closely relate to a user’s actual name.

Regarding Content You Provide

We may invite you to chat or participate in blogs, message boards, online forums and other functionality

and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish,

distribute or broadcast content and materials to our Sites and/or to or via the Sites’ forms, emails, chat

agents, popups, including, without limitation, text, writings, video, audio, photographs, graphics,

comments, suggestions or personally identifiable information or other material (collectively

“Contributions”). Any Contributions you transmit to My Sober Journey will be treated as non-confidential and

non-proprietary. When you create or make available a Contribution, you thereby represent and warrant

that:

1. the creation, distribution, transmission, public display and performance, accessing, downloading

and copying of your Contribution does not and will not infringe the proprietary rights, including but not

limited to the copyright, patent, trademark, trade secret or moral rights of any third party;

1. you are the creator and owner of or have the necessary licenses, rights, consents, releases and

permissions to use and to authorize My Sober Journey will the Sites’ users to use your Contributions as

necessary to exercise the licenses granted by you under this Agreement;

1. you have the written consent, release, and/or permission of each and every identifiable individual

person in the Contribution to use the name or likeness of each and every such identifiable individual

person to enable inclusion and use of the Contribution in the manner contemplated by our Sites;

1. your Contribution is not obscene, lewd, lascivious, filthy, violent, harassing or otherwise

objectionable (as determined by My Sober Journey), libelous or slanderous, does not ridicule, mock,

disparage, intimidate or abuse anyone, does not advocate the violent overthrow of any government,

Terms of Use (Rev. 1343F05) 3 / 11

does not incite, encourage or threaten physical harm against another, does not violate any applicable

law, regulation, or rule, and does not violate the privacy or publicity rights of any third party;

1. your Contribution does not contain material that solicits personal information from anyone under 18

or exploit people under the age of 18 in a sexual or violent manner, and does not violate any federal or

state law concerning child pornography or otherwise intended to protect the health or well-being of

minors;

1. your Contribution does not include any offensive comments that are connected to race, national

origin, gender, sexual preference or physical handicap;

1. your Contribution does not otherwise violate, or link to material that violates, any provision of this

Agreement or any applicable law or regulation.

CONTRIBUTION LICENSE

By posting Contributions to any part of the Sites, or making them accessible to the Sites by linking your

account to any of your social network accounts, you automatically grant, and you represent and warrant

that you have the right to grant, to __________ an unrestricted, unconditional, unlimited, irrevocable,

perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and license to host, use,

copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform,

publicly display, reformat, translate, transmit, excerpt (in whole or in part) and distribute such

Contributions (including, without limitation, your image and voice) for any purpose, commercial,

advertising, or otherwise, to prepare derivative works of, or incorporate into other works, such

Contributions, and to grant and authorize sublicenses of the foregoing. The use and distribution may

occur in any media formats and through any media channels. Such use and distribution license will apply

to any form, media, or technology now known or hereafter developed, and includes our use of your name,

company name, and franchise name, as applicable, and any of the trademarks, service marks, trade

names and logos, personal and commercial images you provide. Company does not assert any

ownership over your Contributions; rather, as between us and you, subject to the rights granted to us in

this Agreement, you retain full ownership of all of your Contributions and any intellectual property rights or

other proprietary rights associated with your Contributions. We will not use your contribution in a way that

infringes on your rights and always process your personal information lawfully and with your consent.

Company has the right, in our sole and absolute discretion, to (i) edit, redact or otherwise change any

Contributions, (ii) re-categorize any Contributions to place them in more appropriate locations or (iii) prescreen or delete any Contributions that are determined to be inappropriate or otherwise in violation of this

Agreement.

By uploading your Contributions to the Sites, you hereby authorize Company to grant to each end user a

personal, limited, no-transferable, perpetual, non-exclusive, royalty-free, fully-paid license to access,

download, print and otherwise use your Contributions for their internal purposes and not for distribution,

transfer, sale or commercial exploitation of any kind.

SUBMISSIONS

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You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other

information about the Sites or the My Sober Journey Services (“Submissions”) provided by you to My Sober Journey

are non-confidential and My sober Journey as well as any designee of Company) shall be entitled to the

unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise,

without acknowledgment or compensation to you.

PROHIBITED ACTIVITIES

You may not access or use the Sites for any other purpose other than that for which My Sober Journey makes

it available. The Sites may not be used in connection with any commercial endeavors except those that

are specifically endorsed or approved by My Sober Journey. Prohibited activity includes, but is not limited to:

1. deciphering, decompiling, disassembling or reverse engineering any of the software comprising or

in any way making up a part of the Sites

1. deleting the copyright or other proprietary rights notice from any Sites’ content
2. attempting to bypass any measures of the Sites designed to prevent or restrict access to the Sites,

or any portion of the Sites

1. harassing, annoying, intimidating or threatening any Company employees or agents engaged in

providing any portion of the Company Services to you

1. except as may be the result of standard search engine or Internet browser usage, using or

launching, developing or distributing any automated system, including, without limitation, any spider,

robot (or “bot”), cheat utility, scraper or offline reader that accesses the Sites, or using or launching

any unauthorized script or other software

1. interfering with, disrupting, or creating an undue burden on the Sites or the networks or services

connected to the Sites

1. making any unauthorized use of the Company Services, including collecting usernames and/or

email addresses of users by electronic or other means for the purpose of sending unsolicited email, or

creating user accounts by automated means or under false pretenses

1. using the Company Services as part of any effort to compete with Company or to provide services

as a service bureau

1. using any information obtained from the Sites in order to harass, abuse, or harm another person
2. using the Sites in a manner inconsistent with any and all applicable laws and regulations

INTELLECTUAL PROPERTY RIGHTS

The content on the Sites (“My SOber JOurney__________ Content”) and the trademarks, service marks and logos contained

therein (“Marks”) are owned by or licensed to _My SOber Journey_________, and are subject to copyright and other

intellectual property rights under United States and foreign laws and international conventions.

_My Sober JOurney_________ Content, includes, without limitation, all source code, databases, functionality, software,

Sites’ designs, audio, video, text, photographs and graphics. All My Sober JOurney__________ graphics, logos, designs,

page headers, button icons, scripts and service names are registered trademarks, common law

trademarks or trade dress of __My Sober JOurney________ in the United States and/or other countries. _My Sober JOurney_________

trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain

names, in connection with any product or service in any manner that is likely to cause confusion and may

Terms of Use (Rev. 1343F05) 5 / 11

not be copied, imitated, or used, in whole or in part, without the prior written permission of the

_My sober journey_________.

_____My sober journey_____ Content on the Sites is provided to you “AS IS” for your information and personal use only

and may not be used, copied, reproduced, aggregated, distributed, transmitted, broadcast, displayed,

sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent

of the respective owners. Provided that you are eligible to use the Sites, you are granted a limited license

to access and use the Sites and the ___My sober journey_______ Content and to download or print a copy of any portion

of the __My sober journey________ Content to which you have properly gained access solely for your personal, noncommercial use. ___My sober journey_______ reserves all rights not expressly granted to you in and to the Sites and

__My sober journey________ Content and Marks.

THIRD PARTY WEBSITES AND CONTENT

The Sites contains (or you may be sent through the Sites or the _My sober journey_________ Services) links to other

websites (“Third Party Websites”) as well as articles, photographs, text, graphics, pictures, designs,

music, sound, video, information, applications, software and other content or items belonging to or

originating from third parties (the “Third Party Content”). Such Third Party Websites and Third Party

Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by

us, and we are not responsible for any Third Party accessed through the Sites or any Third Party Content

posted on, available through or installed from the Sites, including the content, accuracy, offensiveness,

opinions, reliability, privacy practices or other policies of or contained in the Third Party Websites or the

Third Party Content. Inclusion of, linking to or permitting the use or installation of any Third Party

Websites or any Third Party Content does not imply approval or endorsement thereof by us. If you decide

to leave the Sites and access the Third Party Websites or to use or install any Third Party Content, you

do so at your own risk and you should be aware that our terms and policies no longer govern. You should

review the applicable terms and policies, including privacy and data gathering practices, of any websites

to which you navigate from the Sites or relating to any applications you use or install from the Sites. Any

purchases you make through Third Party Websites will be through other websites and from other

companies, and __My sober journey________ takes no responsibility whatsoever in relation to such purchases which are

exclusively between you and the applicable third party.

SITE MANAGEMENT

___My sober journey_______ reserves the right but does not have the obligation to:

1. monitor the Sites for violations of this Agreement;
2. take appropriate legal action against anyone who, in _My sober journey_________ sole discretion, violates this

Agreement, including without limitation, reporting such user to law enforcement authorities;

1. in __My sober journey________ sole discretion and without limitation, refuse, restrict access to or availability of, or

disable (to the extent technologically feasible) any user’s contribution or any portion thereof that may

violate this Agreement or any My sober journey__________ policy;

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1. in Company’s sole discretion and without limitation, notice or liability to remove from the Sites or

otherwise disable all files and content that are excessive in size or are in any way burdensome to

__My sober journey________ ‘s systems;

1. otherwise manage the Sites in a manner designed to protect the rights and property of _My sober journey_________

and others and to facilitate the proper functioning of the Sites.

TERM AND TERMINATION

This Agreement shall remain in full force and effect while you use the Sites or are otherwise a user or

member of the Sites, as applicable. You may terminate your use or participation at any time, for any

reason, by following the instructions for terminating user accounts in your account settings, if available, or

by contacting us using the contact information below.

WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, COMPANY RESERVES THE

RIGHT TO, IN COMPANY’S SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY

ACCESS TO AND USE OF THE SITES AND THE COMPANY SERVICES, TO ANY PERSON FOR ANY

REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY

REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY

APPLICABLE LAW OR REGULATION, AND COMPANY MAY TERMINATE YOUR USE OR

PARTICIPATION IN THE SITES AND THE COMPANY SERVICES, DELETE YOUR PROFILE AND ANY

CONTENT OR INFORMATION THAT YOU HAVE POSTED AT ANY TIME, WITHOUT WARNING, IN

COMPANY’S SOLE DISCRETION.

In order to protect the integrity of the Sites and Company Services, Company reserves the right at any

time in its sole discretion to block certain IP addresses from accessing the Sites and Company Services.

Any provisions of this Agreement that, in order to fulfill the purposes of such provisions, need to survive

the termination or expiration of this Agreement, shall be deemed to survive for as long as necessary to

fulfill such purposes.

YOU UNDERSTAND THAT CERTAIN STATES ALLOW YOU TO CANCEL THIS AGREEMENT,

WITHOUT ANY PENALTY OR OBLIGATION, AT ANY TIME PRIOR TO MIDNIGHT OF COMPANY’S

THIRD BUSINESS DAY FOLLOWING THE DATE OF THIS AGREEMENT, EXCLUDING SUNDAYS

AND HOLIDAYS. TO CANCEL, CALL A COMPANY CUSTOMER CARE REPRESENTATIVE DURING

NORMAL BUSINESS HOURS USING THE CONTACT INFORMATION LISTING BELOW IN THIS

AGREEMENT OR BY ACCESSING YOUR ACCOUNT SETTINGS. THIS SECTION APPLIES ONLY TO

INDIVIDUALS RESIDING IN STATES WITH SUCH LAWS.

If Company terminates or suspends your account for any reason, you are prohibited from registering and

creating a new account under your name, a fake or borrowed name, or the name of any third party, even

if you may be acting on behalf of the third party. In addition to terminating or suspending your account,

Company reserves the right to take appropriate legal action, including without limitation pursuing civil,

criminal, and injunctive redress.

MODIFICATIONS

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To Agreement

Company may modify this Agreement from time to time. Any and all changes to this Agreement will be

posted on the Sites and revisions will be indicated by date. You agree to be bound to any changes to this

Agreement when you use the Company Services after any such modification becomes effective.

Company may also, in its discretion, choose to alert all users with whom it maintains email information of

such modifications by means of an email to their most recently provided email address. It is therefore

important that you regularly review this Agreement and keep your contact information current in your

account settings to ensure you are informed of changes. You agree that you will periodically check the

Sites for updates to this Agreement and you will read the messages we send you to inform you of any

changes. Modifications to this Agreement shall be effective after posting.

To Services

Company reserves the right at any time to modify or discontinue, temporarily or permanently, the

Company Services (or any part thereof) with or without notice. You agree that Company shall not be

liable to you or to any third party for any modification, suspension or discontinuance of the Company

Services.

DISPUTES

Between Users

If there is a dispute between users of the Sites, or between users and any third party, you understand and

agree that Company is under no obligation to become involved. In the event that you have a dispute with

one or more other users, you hereby release Company, its officers, employees, agents and successors in

rights from claims, demands and damages (actual and consequential) of every kind or nature, known or

unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to

such disputes and/or the Company Services.

With Company

All questions of law, rights, and remedies regarding any act, event or occurrence undertaken pursuant or

relating to Sites or the Company Services shall be governed and construed by the laws of the

Commonwealth of Virginia, excluding such state’s conflicts of law rules. Any legal action of whatever

nature by or against Company arising out of or related in any respect to this Sites and the Company

Services shall be brought solely in either the applicable federal or state courts located in or with

jurisdiction over United States of America County, Commonwealth of Virginia; subject, however, to the

right of Company, at the Company’s sole discretion, to bring an action to seek injunctive relief to enforce

this Agreement or to stop or prevent an infringement of proprietary or other third party rights (or any

similar cause of action) in any applicable court in any jurisdiction where jurisdiction exists with regard to a

user. You hereby consent to (and waive any challenge or objection to) personal jurisdiction and venue in

the above-referenced courts. Application of the United Nations Convention on Contracts for the

International Sale of Goods is excluded from this Agreement. Additionally, application of the Uniform

Terms of Use (Rev. 1343F05) 8 / 11

Computer Information Transaction Act (UCITA) is excluded from this Agreement. In no event shall any

claim, action or proceeding by you related in any way to the Sites and/or the Company Services

(including your visit to or use of the Sites and/or the Company Services) be instituted more than two (2)

years after the cause of action arose. You will be liable for any attorneys’ fees and costs if we have to

take any legal action to enforce this Agreement.

CORRECTIONS

Occasionally there may be information on the Sites that contains typographical errors, inaccuracies or

omissions that may relate to service descriptions, pricing, availability, and various other information.

Company reserves the right to correct any errors, inaccuracies or omissions and to change or update the

information at any time, without prior notice.

DISCLAIMERS

Company cannot control the nature of all of the content available on the Sites. By operating the Sites,

Company does not represent or imply that Company endorses any blogs, contributions or other content

available on or linked to by the Sites, including without limitation content hosted on third party websites or

provided by third party applications, or that Company believes contributions, blogs or other content to be

accurate, useful or non-harmful. We do not control and are not responsible for unlawful or otherwise

objectionable content you may encounter on the Sites or in connection with any contributions. The

Company is not responsible for the conduct, whether online or offline, of any user of the Sites or

Company Services.

YOU AGREE THAT YOUR USE OF THE SITES AND COMPANY SERVICES WILL BE AT YOUR SOLE

RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY, ITS OFFICERS, DIRECTORS,

EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN

CONNECTION WITH THE SITES AND THE COMPANY SERVICES AND YOUR USE THEREOF,

INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS

FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY MAKES NO WARRANTIES

OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITES CONTENT

OR THE CONTENT OF ANY WEBSITES LINKED TO OUR SITES AND ASSUMES NO LIABILITY OR

RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND

MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,

RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITES, (C) ANY UNAUTHORIZED

ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL

INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION

OR CESSATION OF TRANSMISSION TO OR FROM THE SITES OR COMPANY SERVICES, (E) ANY

BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR

THROUGH OUR SITES BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY

CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A

RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE

AVAILABLE VIA THE SITES. COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR

ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A

THIRD PARTY THROUGH THE SITES OR ANY HYPERLINKED SITES OR FEATURED IN ANY

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BANNER OR OTHER ADVERTISING, AND COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY

BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY

PROVIDERS OF PRODUCTS OR SERVICES.

LIMITATIONS OF LIABILITY

IN NO EVENT SHALL COMPANY OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO

YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY,

INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE,

LOSS OF DATA OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITES OR COMPANY

SERVICES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, COMPANY’S LIABILITY

TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION,

WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE

COMPANY SERVICES DURING THE PERIOD OF __My sober journey________ PRIOR TO ANY CAUSE OF ACTION

ARISING.

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 OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY

HAVE ADDITIONAL RIGHTS.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542,

WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR

DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE

RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT

WITH THE DEBTOR.”

INDEMNITY

You agree to defend, indemnify and hold Company, its subsidiaries, and affiliates, and their respective

officers, agents, partners and employees, harmless from and against, any loss, damage, liability, claim, or

demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out

of your contributed content, use of the Company Services, and/or arising from a breach of this Agreement

and/or any breach of your representations and warranties set forth above. Notwithstanding the foregoing,

Company reserves the right, at your expense, to assume the exclusive defense and control of any matter

for which you are required to indemnify Company, and you agree to cooperate, at your expense, with

Company’s defense of such claims. Company will use reasonable efforts to notify you of any such claim,

action, or proceeding which is subject to this indemnification upon becoming aware of it.

NOTICES

Except as explicitly stated otherwise, any notices given to Company shall be given by email to the

address listed in the contact information below. Any notices given to you shall be given to the email

address you provided during the registration process, or such other address as each party may specify.

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Notice shall be deemed to be given twenty-four (24) hours after the email is sent, unless the sending

party is notified that the email address is invalid. We may also choose to send notices by regular mail.

USER DATA

Our Sites will maintain certain data that you transfer to the Sites for the purpose of the performance of the

Company Services, as well as data relating to your use of the Company Services. Although we perform

regular routine backups of data, you are primarily responsible for all data that you have transferred or that

relates to any activity you have undertaken using the Company Services. You agree that Company shall

have no liability to you for any loss or corruption of any such data, and you hereby waive any right of

action against Company arising from any such loss or corruption of such data.

ELECTRONIC CONTRACTING

Your use of the Company Services includes the ability to enter into agreements and/or to make

transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS

CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY FOR SUCH AGREEMENTS AND

TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC

SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO

RELATING TO THE COMPANY SERVICES, INCLUDING NOTICES OF CANCELLATION, POLICIES,

CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, you may be

required to have certain hardware and software, which are your sole responsibility.

MISCELLANEOUS

This Agreement constitutes the entire agreement between you and Company regarding the use of the

Company Services. The failure of Company to exercise or enforce any right or provision of this

Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement

are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest

extent permissible by law. This Agreement and your account may not be assigned by you without our

express written consent. Company may assign any or all of its rights and obligations to others at any time.

Company shall not be responsible or liable for any loss, damage, delay or failure to act caused by any

cause beyond Company’s reasonable control. If any provision or part of a provision of this Agreement is

unlawful, void or unenforceable, that provision or part of the provision is deemed severable from this

Agreement and does not affect the validity and enforceability of any remaining provisions. There is no

joint venture, partnership, employment or agency relationship created between you and Company as a

result of this Agreement or use of the Sites and Company Services. Upon Company’s request, you will

furnish Company any documentation, substantiation or releases necessary to verify your compliance with

this Agreement. You agree that this Agreement will not be construed against Company by virtue of having

drafted them. You hereby waive any and all defenses you may have based on the electronic form of this

Agreement and the lack of signing by the parties hereto to execute this Agreement.

CONTACT US

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In order to resolve a complaint regarding the Company Services or to receive further information

regarding use of the Company Services, please contact Company as set forth below or, if any complaint

with us is not satisfactorily resolved, and you are a California resident, you can contact the Complaint

Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at

400 “R” Street, Sacramento, California 95814 or by telephone at 1-916-445-1254.

__________

Email: tuesday@tuesdayrobbins.com

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Terms of Use (Rev. 1343F05)

GENERAL INSTRUCTIONS

WHAT IS A TERMS OF USE

AGREEMENT?

A Terms of Use Agreement is a written set of

rules and regulations between two parties, the

User and the Company, that the User must

agree to follow in order to use the Company’s

website and services.

WHEN IS A TERMS OF USE

AGREEMENT NEEDED?

While Terms and Conditions are not required by

law, any website, especially e-commerce or

social networking websites or applications and

any website or internet service provider that

stores a User’s personal data, should consider

having Terms and Conditions.

A written set of Terms and Conditions protects

the Company and acts an instruction manual for

its website. It allows the Company to explain

things related to its service or product, including,

among other things:

• how purchases, payment, and returns are

handled

• ownership and use of content and intellectual

property

• how Users must conduct themselves, including

any prohibited behavior

• limitations on liability and disclaimers
• the Company’s privacy policy

WHO NEEDS A TERMS OF USE

AGREEMENT?

Almost every website or application that

provides a service or product has a Terms of

Use Agreement.

Here are some examples of websites and apps

that use a Terms of Use Agreement:

• E-Commerce Company – Ebay, Amazon,

Target, Gap

• Social Media Website or Application –

Facebook, Instagram, Twitter, Snapchat

• Search Engine – Google, Yahoo, Bing
• Website or Application

Providing a Service or Product –

YouTube, Apple, Uber

• Gaming Website or Application –

Playstation, Pokemon Go, Candy Crush

WHAT SHOULD BE INCLUDED IN A

TERMS OF USE?

A simple Terms of Service should generally

have at least the following:

• Who is the Company providing the service or

product

• What is the service or product provided by the

Company

• Where is the Company’s website
• When will the agreement terminate
• Why might the User not be granted access to

the website

• How does the User agree to accept the Terms

of Service

The Company can tailor the rules and

regulations, or “terms of use”, according to the

service or product it provides and its specific

needs. The Terms of Use Agreement can be

posted on the Company’s website either as a

browsewrap agreement or a clickwrap

agreement.

OTHER NAMES

As a reference, a Terms of Use Agreement is

known by other names:

• Terms of Service Agreement
• Terms and Conditions
• User Agreement
• Statement of Rights and Responsibilities
• Disclaimer
• TOU
• ToS
• TOS
• TOC