TERMS & CONDITIONS OF USE AND SUBSCRIPTION AGREEMENT

This Makingbestbetter.com Terms & Conditions of Use Agreement and Subscription Agreement govern your use of www.makingbestbetter.com (“MBB”). You agree to review this Agreement periodically to be aware of such modifications. Your access and continued use of  MBB constitutes acceptance of the changes. This Agreement was last modified on February 12, 2008.

ACCEPTANCE OF TERMS AND CONDITIONS

Use of MBB and any materials accessed herein provides sufficient evidence of full acceptance by you to the both the Makingbestbetter.com Terms & Conditions of Use Agreement and the MBB Subscription Agreement. Failure to comply in full will result in cessation of access and use privileges and may result in legal action taken against the offending individuals and organizations at the discretion of MAKINGBESTBETTER.COM. We reserve the right to block access to MBB for anyone who violates our Terms of Use Agreements.

SUBSCRIPTION AND SECURITY

When You subscribe, You will fill out our registration form that requires various information about You. You are responsible for providing accurate subscription registration information and of updating it as required. MBB reserves the right to change or revoke Your User name, as it deems necessary. You are also responsible for maintaining the confidentiality of Your password. MAKINGBESTBETTER.COM may store the information provided by You in the MBB registration process, and provide aggregate statistical information about Users to potential advertisers and other publications. MAKINGBESTBETTER.COM may use the information provided by You to inform You about other publications, products and services. For more details, see our Privacy Policy.

TERMS AND TERMINATION

MAKINGBESTBETTER.COM contains online content provided free of charge and content subject to payment (“Free and Paid-for Content”) that MBB will provide to You. By accessing www.makingbestbetter.com (“the Site”) You are agreeing to the terms and conditions contained here. If You use the Site in the course of business You are also agreeing to these terms and conditions on behalf of that business. If You do not agree with the terms and conditions (or You are not authorized to do so), You should not use the Site. If You have any questions You should contact MBB at support@makingbestbetter.com.

You do not have to register to use the Site in order to access it and enjoy the content other than the Paid-for Content. If You wish to access the Paid-for Content, You will be asked to provide the MBB with accurate, complete registration information, including contact details, and it is Your responsibility to update and maintain this information. MBB is entitled to rely on this information to provide Paid-for Content.

Registering for MBB may imply an ongoing subscription based on your selected billing frequency and term. Your registration may constitute advanced consent to receive and pay for the subscription in the future on a continuing basis, without further consent, until You or MAKINGBESTBETTER.COM cancel the subscription. For details refer to our Cancellation Policy .

When you order a paid subscription to MBB through our online process, Your subscription will automatically renew and continue until terminated by MAKINGBESTBETTER.COM or until You notify MAKINGBESTBETTER.COM of Your cancellation. You may cancel Your subscription at any time. For details refer to our Cancellation Policy.

You will also be requested to create a Password in a format specified by MBB (“the Password”).  You shall not disclose the Password to any other person or entity and shall ensure that the Password remains confidential at all times. In the event that You know or have a reasonable suspicion that a third party knows Your Password, You shall notify the MBB immediately by contacting MBB at support@makingbestbetter.com. If the MBB has reasonable grounds for believing that You have misused or are misusing the Password, MBB may require You to change the Password or may suspend Your use of the access to the Site, including Paid-for Content.

CHANGES TO MBB AND AGREEMENT

MAKINGBESTBETTER.COM may, at any time, change or discontinue any aspect or feature of MBB, including content, hours of availability, and equipment and software needed for access or use. You agree to be bound by future revisions of this Agreement. It is Your responsibility to visit the "Terms and Conditions of Use" link at the bottom of the www.makingbestbetter.com homepage periodically to review the most current terms and conditions. MAKINGBESTBETTER.COM may also impose limits on certain features and services or restrict Your access to parts or all of MBB without notice or liability.

FINANCIAL RESPONSIBILITY

You agree not to assign, transfer or sublicense your rights as a subscriber to MBB and agree to be financially responsible for all usage or activity on this account. Changes made to the Fees and Cancellations Policy are effective immediately unless otherwise indicated. You are responsible for reviewing all policy changes at the time that they are made.

Credit Card Charges Authorized. You hereby authorize MBB to charge Your credit card (which You hereby acknowledge was entered by You into the sign-up page) to pay for the ongoing Subscription Fees to MBB at the then current Subscription Rate. You further authorize MBB to charge Your credit card for any and all purchases of products available through, at, in or on, or provided by, MBB. You agree to be personally liable for all charges incurred by You during or through the use of MBB. Your liability for such charges shall continue after termination of Your membership.

Non-Refundable Charges. All charges to your credit card are nonrefundable. In order to avoid such charges, You must cancel your Membership.

 Billed Discreetly by "www.makingbestbetter.com". You understand and agree that Your Subscription to MBB will be billed discreetly to your credit card as www.makingbestbetter.com.
In the event that MBB must collect unpaid subscription amounts from You, You will be held liable for all applicable attorneys' and collection agency fees.

AUTO-RENEW AND CANCELLATION POLICY
Subscriptions purchased are auto-renewed at the end of the subscription term. You will not receive renewal reminders prior to being charged for such renewals. Renewal prices are subject to change without notice. In the event that MAKINGBESTBETTER.COM is unable to process Your credit card payment, We reserve the right to terminate Your access without prior notice. If this happens to You, please contact support@makingbestbetter.com to update Your information.  When You sign up for service on a monthly subscription, Your credit card will be charged the full monthly charge for the service in advance. Please be advised that customers who subscribe to monthly services are not entitled to a refund but may cancel service at any time. Annual subscriptions require a one-year commitment and full payment up front to qualify for an equivalent reduced monthly rate. Annual accounts cancelled prior to the end of the subscription period will be converted to the monthly-base rate amount and then refunded the unused balance of the subscription amount previously paid. See Annual Subscription Cancellation below for more information.

Cancellation Requests
Either You or MBB may terminate or cancel Your member account at any time. This section is for You to cancel Your subscription with MBB. You understand and agree that the cancellation or termination of Your subscription is Your sole right and remedy with respect to any dispute with us, including without limitation, any dispute related to or arising out of: (i) any terms or provisions within the Terms and Conditions or our enforcement or application of the Terms and Conditions; (ii) any practice or policy of MBB or its enforcement or application of said practice or policy; (iii) content available through this Website or any change in content provided through the Website; (iv) Your ability to access and/or use the Website or Services; or (v) the amount or types of fees or charges, including surcharges or applicable taxes; billing methods; or any change to our fees or charges, applicable taxes, or billing methods. Upon cancellation or termination of Your member account, we may immediately deactivate Your member account and deny You access to all related information and files in Your member account, the Website, and Services.
For a month to month subscription, cancellation notice must be received more than ten (10) days before the next billing date; otherwise, the user will be billed for an additional month.
Should You object to any terms and conditions of this Agreement or any subsequent modifications or become dissatisfied with MBB in any way, You agree that Your sole recourse is to immediately (1) discontinue use of MBB; (2) terminate Your subscription by notifying MAKINGBESTBETTER.COM's Customer Service Department in writing by e-mail at support@makingbestbetter.com . Your cancellation request must contain the following:
     Your Full Name:
     Your User Name:
     Your e-mail Address
     The reason You are canceling Your service

Limited-Time Offers
The regular subscription rate fee schedule and cancellation policy may not apply to customers who have responded to a promotional offer. If You believe You are subject to any special promotional rates and You have any questions as to the fees that apply to Your subscription, please address Your questions and/or concerns to support@makingbestbetter.com.

Annual Subscription Cancellation
Annual account subscriptions will expire on the date the cancellation request is processed by MBB. Annual subscriptions require a one-year commitment to qualify for reduced rates. Annual accounts that are cancelled prior to the end of the subscription period will be converted to the monthly-base rate amount and then refunded the unused balance of the subscription amount previously paid.*

* MBB usually processes cancellation requests within five working days of being submitted. Please allow two to four weeks for refunds to credit cards.

TERMINATION DUE TO BREACH

Without limiting the foregoing, MAKINGBESTBETTER.COM has the right to immediately terminate Your account in the event that You breach this Agreement. If Your account is terminated, You are and will remain responsible for all charges incurred up to the time of termination.

MAKINGBESTBETTER.COM'S LICENSE TO YOU

This Agreement grants You a single, limited, non-exclusive, non-transferable personal license to access and use MBB. Your continued compliance with the terms and conditions of this Agreement is required to maintain Your license rights.

YOUR LICENSE TO MAKINGBESTBETTER.COM

You may have occasion to e-mail, post or otherwise transmit, through and/or to MAKINGBESTBETTER.COM, data, questions, comments or suggestions. Unless otherwise notified, any comment or material of this kind will be treated as non-confidential and non-proprietary. By this Agreement You grant a license to MAKINGBESTBETTER.COM to transmit, reproduce, broadcast or publish such on MAKINGBESTBETTER.COM's Web sites or elsewhere.

CUSTOMER CONDUCT & RESPONSIBILITY

You may only use MBB (a) for lawful purposes, and (b) in accordance with this Agreement. You assume total responsibility and risk for Your use of MBB and the Internet. MAKINGBESTBETTER.COM does not guarantee that MBB or the Internet will be uninterrupted or error free; it is provided on an "as available" basis. MAKINGBESTBETTER.COM and its affiliates do not warrant the accuracy, completeness or timeliness of the content and information available through MBB. You acknowledge that any reliance upon any such content, statements or other information shall be at Your sole risk. MAKINGBESTBETTER.COM is entitled to rely on the information provided by You during the registration process. Please promptly update Your registration information as necessary by clicking on the "My Profile" link on Makingbestbetter.com homepage. You agree to waive all claims resulting from failure to receive communications due to changes in Your information.

INTELLECTUAL PROPERTY/REDESSEMINATION PROHIBITED

All of the information, content, services and software displayed on, transmitted through, or used in connection with MBB, including for example, guides, news articles, opinions, reviews, text, photographs, images, illustrations, html, source and object code, software, data, and the like is owned by MAKINGBESTBETTER.COM, and its affiliated companies, licensors and suppliers. MAKINGBESTBETTER.COM actively protects its rights to this content to the fullest extent of the law. You may not use such material except as provided in this Agreement.

You may download and use the content of MBB solely for Your personal, non-commercial use, and You may download the pdf file and print copies for Your use, provided You do not remove any trademark, copyright or other notice contained in the original. 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 You may not reproduce, sell, publish, transmit, display or otherwise use any portion of the content without the prior written approval of MAKINGBESTBETTER.COM. For information on requests to use the content of MBB for any purpose other than as permitted in this paragraph, please contact support@makingbestbetter.com.

THIRD PARTY CONTENT

MBB may contain at times, content supplied by third parties, including advertisements and electronic advertising inserts. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including those made in publications offered by MBB, are those of the respective author(s) or publisher(s) and not of MAKINGBESTBETTER.COM. Neither MAKINGBESTBETTER.COM nor any third party provider of information guarantees the accuracy, completeness, or usefulness of any content. Under no circumstance will We be liable for any loss or damage caused by Your reliance on information obtained through MBB. MBB may contain links to other internet sites and third-party resources. We are not responsible for either the availability of these outside resources or their content.

LIMITATION OF LIABILITY AND INDEMNITY

You expressly agree that the use of, and browsing of the Site is at Your own risk. Neither MBB nor any other party involved in creating, producing or delivering the Site, including SubHub Limited, is liable for any direct, incidental, special, consequential, indirect or punitive damages arising out of Your access to, or use of, or inability to use the Site or any linked site or for the cost of procurement of substitute goods or services or resulting from any goods or services purchased or obtained or messages received or transactions entered into through the Site or resulting from any unauthorized access to or alteration of your transmissions or data, including but not limited to, damages for loss of profits, use, data or other intangible property including legal costs and expenses, even if  MBB has been advised of the possibility of such damages.

You expressly agree that the downloading of any material form the Site is at Your own risk. Neither the MBB nor any other party involved in creating, producing or delivering the Site, including SubHub Limited, is liable for any direct, incidental, special, consequential, indirect or punitive damages resulting from You downloading material from the Site or any linked site, including but not limited to, damages for loss of profits, use, data or other intangible property including legal costs and expenses, even if MBB has been advised of the possibility of such damages.

Without limiting the foregoing, everything on the Site is provided to You “as is” and “as available” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of satisfactory quality, fitness for a particular purpose or non-infringement.

While MBB will use reasonable efforts to include accurate and up to date information on the Site, MBB makes no warranties or representations as to its accuracy or completeness. MBB is not responsible for any errors or omissions or for the results obtained from the use of such information. The information is provided with the understanding that the information does not constitute any form of advice, recommendation or arrangement by MBB or its affiliates or any other party involved in the Site and is not intended to be relied upon by Users in making (or refraining from making) any decisions based on such information.  You must make your own decisions on whether or not to rely on any information posted on the Site.  MBB reserves the right to modify information displayed on this Site but it does not make any commitment to update the information displayed on this Site.

No party who is involved in the workings of the Site, including SubHub Limited, will at any time be liable or responsible in any way for the content, including Paid-for Content, and information provided on or via the Site and for Your use of the Site.

From time to time MBB will make available to You links from the site to third party sites. These sites are not in any way approved, checked, edited, vetted or endorsed by the MBB and You agree that MBB shall not be responsible or liable in any way for the content, advertising or products available from such sites, the quality, functionality, suitability or legality of such sites or for any dealings that You may have, or the consequences of such dealings, with such third party site operators.

Any arrangements made between You and any third party named on  MBB’s Site are at Your sole risk and responsibility and MBB expressly disclaims any liability for third party information or opinions posted on this Site or any linked Sites that arises under criminal or civil laws relating to defamation, intellectual property, infringement, privacy, obscenity, or any other area of law.

INDEMNITY

You agree to indemnify, keep indemnified, defend and hold  MBB and its parent companies, subsidiaries, affiliates and their respective officers, directors, employees, owners, agents, information providers and licensors, including SubHub Limited, (collectively the “Indemnified Parties”) harmless from and against any and all claims, damages, liability, losses, costs and expenses (including legal fees) (whether or not foreseeable or avoidable) incurred or suffered by any Indemnified Party and any claims or legal proceedings which are brought or threatened arising from Your use of, connection with or conduct on the Site or any breach by You of these terms.  MBB or SubHub Limited reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, and in such case, You agree to cooperate with the defense of such claim.

DURATION/SURVIVAL

This Agreement remains in effect for so long as You have the ability to receive Data as contemplated by this Agreement. Paragraphs INTELLECTUAL PROPERTY NOTICES, PROPRIETARY DATA AND INFORMATION and DISCLAIMER OF WARRANTIES, TERMS AND LIABILITY survive termination of this Agreement. 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.

Natural persons executing this Agreement warrant and represent that they are at least eighteen (18) years of age. 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. This Agreement shall be deemed to have been made in the United States in Las Vegas, Nevada and shall be construed and enforced in accordance with, and the validity and performance shall be governed by, the laws of Nevada, without reference to principles of conflicts of laws thereof. User hereby consents to submit to the jurisdiction of the courts of or for Las Vegas, Nevada in connection with any action or proceeding instituted relating to this Agreement.

Under the penalties for perjury, you understand that by using the Service You certify that You have read and understand the above and agree to the terms and conditions.
 
In addition, your use of any of the services listed below and any materials accessed therein indicates your full understanding and acceptance of the Subscription Agreement or Terms of Use for that service, and indicates your full understanding and acceptance of our Makingbestbetter.com Terms & Conditions Of Use. Click the appropriate links below to review their corresponding Agreements.

Terms & Conditions of Use Agreement
Subscription Agreement
Cancellation Policy
Privacy Policy
Forums Rules, Polices and Disclaimers