Terms of Service For Our Online Community

brooknoelstudio.com, Make Today Matter, LLC By using the MTM Services, you agree to these Terms of Service and Site Policies just as if you had signed an agreement with MTM.  If you do not agree to be bound by these Terms of Service, please discontinue your use of the MTM Services or contact Customer Service.How To Contact Us

Should you have other questions or concerns about these policies, please email us at debbie@maketodaymatter.net.

Effective Date: December 6, 2013

1. Acceptance of Terms of Service

Make Today Matter, LLC., (“MTM”) operates a network of websites and services, (collectively, “MTM Services.”) These Terms of Service set forth the terms and conditions that apply to your use of the MTM Services. From time to time, MTM may supplement these Terms of Service with additional terms pertaining to specific content, including, but not limited to, the uploading of photographs and videos, services, products, digital products, courses or events (“Additional Terms”), which Additional Terms may be placed on the MTM Services to be viewed in connection with the specific content, services, products, digital products, courses or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into these Terms of Service. BY USING THE MTM SERVICES, YOU AGREE TO THESE TERMS OF SERVICE JUST AS IF YOU HAD SIGNED AN AGREEMENT WITH MTM. If you do not agree to be bound by these Terms of Service, please discontinue your use of the MTM Services or contact Customer Service.

Although portions of the MTM Services may be viewed simply by visiting the relevant web site, in order to access the message boards and/or receive additional services, and paid member benefits from MTM you need to register as a member. Registering as a member will allow you to access certain services that are not available to unregistered visitors, with different levels granting different access. Unauthorized access, distribution, reproduction, copying, retransmission, publication, sale, exploitation (commercial or otherwise), or any other form of transfer of any portion of the MTM Services, including but not limited to all content, services, digital products, courses, events, tools or products is hereby expressly prohibited.

MTM reserves the right to (i) terminate your membership and access to any specific content , services, digital products, products courses or events, and (ii) remove your personal MTM information, if MTM learns that you have provided MTM with false or misleading registration information.

2. Termination

MTM reserves the right, at its sole discretion, to immediately, without notice, suspend or terminate (i) these Terms of Service; and/or (ii) your registration(s) with or ability to access the MTM Services and/or any other service, tool, specific content, digital products, products, courses or events provided to you by MTM, upon any breach by you of these Terms of Service or otherwise.

3. Modifications of these Terms of Service

MTM may modify these Terms of Service from time to time in its sole discretion. Each time you use the MTM Services, you will be deemed to have accepted any such changes. MTM shall have no obligation to notify you of any such changes other then posting such modifications on the MTM Services, but MTM reserves the right (at MTM’s discretion) to provide you notice of such changes to any e-mail address you have provided to MTM.

4. Use of the MTM Services

A. Content of Messages

You alone are responsible for the content of your messages or any materials you transmit to others, and any consequences of such messages. Please carefully consider the information you choose to post on the MTM Services, including, but not limited to, any message board, chat, comment, share, profile or email. Do not continue any conversation online that makes you feel uncomfortable. You should not include your telephone number or street address on any area of the MTM Services nor provide such personally identifying information to people you do not know. Do not continue any conversation online that makes you feel uncomfortable. MTM assumes no responsibility or liability for any inaccurate, inappropriate, offensive or sexually explicit material or information, products or services you may be provided by other users of the MTM Services. MTM further assumes no responsibility for the deletion of or failure to store  messages.

You further agree that you will not use the MTM Services to send messages or post on message boards, comments or any place on the MTM Services, any message or material of any kind or nature that is unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, racially offensive, inaccurate, or otherwise objectionable material or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation, or encourage the use of controlled substances. MTM reserves the right to delete any such material from the MTM Services. MTM will cooperate fully with any law enforcement officials and/or agencies in the investigation of any person or persons who violate the Terms of Service contained in this Section

You agree not to impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or consultant of MTM. You further agree not to use an inappropriate member name of any kind.

You agree not to post or use the MTM Services to distribute or send any illegal material of any kind, including but not limited to, illegal material in the form of text, graphics, video, programs or audio. Posting content or participating in any form of discussion with the intention to commit any illegal activity is strictly prohibited.

You acknowledge that (i) content on the MTM Services is protected by copyrights, trademarks and other intellectual and proprietary rights (“Rights”); (ii) these Rights are valid and protected in all media and technologies existing now or later developed; and (iii) except as explicitly provided otherwise, the Terms of Service and applicable copyright, trademark and other laws govern your use of such content. You may not post to the MTM Services, copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any material that infringes any Rights.

MTM is not obligated to review content posted by users prior to the content’s posting to any area of the MTM Services, including any private profile. Content posted by any user to the MTM Services does not reflect the opinions or views of MTM, its parent, subsidiaries or affiliates. MTM makes no warranty, whether express or implied, as to the accuracy of any content or material that you send to other MTM members through any MTM service.

B. Non Commercial Use

The MTM Services, its products, services, digital products, events, courses, and tools (as more fully described below) and any other element of the MTM Services are only for the personal use of visitors and members and may not be used in connection with any commercial endeavors. Illegal and/or unauthorized use of the MTM Services, or any portion thereof, including, but not limited to, collecting user names and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the MTM Services is prohibited. In furtherance thereof, you agree that you will not use the MTM Services for chain letters, research study or survey solicitations, junk mail, “spamming,” commercial or non-commercial solicitations, or bulk communications of any kind, including but not limited to distribution lists to any person who has not given specific permission to be included in such list.

 

Any such use shall be deemed to be a violation of these Terms of Service.

C. MTM Interaction Areas

The MTM Interaction Areas service allows members to share with other MTM members through tools, such as messaging, messages boards, comments, databases, chats and other tools and services that may be included from time to time. Your use of the Interaction Areas is subject to this Terms of Service and any Additional Terms. You are solely responsible for your interactions with other users.

You may never use another’s account without permission. If you become aware of any misuse of the MTM Services by any person, please contact MTM by clicking the Customer Service link.

We pride on keeping the MTM Community a positive area–this includes all message boards, chats, and interactions. If we receive complaints regarding a member’s interaction we will use private chat transcripts and administration transcripts to help us to investigate the matter. If more than 3 independent complaints are received against a single member, and verified by the administration through transcripts, that member will be deemed in breach of our terms and service and membership will be immediately revoked. Be positive, be supportive, and if you have questions, ask us at Customer Service.

If a member has been removed from the community they may not rejoin the community at any time.

Registration and Password

You are responsible for maintaining the confidentiality of your information and passwords. You shall be responsible for all uses of your registration and account, whether or not authorized by you. You agree to immediately notify MTM of any unauthorized use of your registration or password.

Usage of Content

Unless otherwise indicated, all information contained on this web site, such as text, graphics, logos, button icons, images, audio clips is copyrighted by and proprietary to Brook Noel and Make Today Matter, LLC. and may not be copied, reproduced, transmitted, displayed, performed, distributed, sublicensed, altered, stored for subsequent use or otherwise used in whole or in part in any manner without MTM prior written consent, except that the user may make such temporary copies in a single computer’s RAM and hard drive cache as are necessary to browse the website. The user may also make a single copy of the Content displayed on any page of the website to be used by the user for personal and noncommercial uses which do not harm the reputation of MTM, provided that the user does not remove any trademarks, copyright and any other notice contained in such content.

 

Endorsements

You acknowledge that the opinions and recommendations contained in the interactive areas of this Website are not necessarily those of the MTM or endorsed by MTM. MTM may provide links on the Website to other websites which are not under the control of MTM. These links are provided for convenience of reference only and are not intended as an endorsement by MTM, the organization or individual operating the website or a warranty of any type regarding the website or the information on the website.

 

Medical Disclaimer

You acknowledge that the information on the Website is provided “as is” for general information only. It is not intended as medical advice, and should not be relied upon as a substitute for consultations with qualified health professionals who are familiar with your individual medical needs.

 

Disclaimer of Warranty

MTM makes no warranties of any kind regarding this Website, including but not limited to any warranty of accuracy, completeness, currency, reliability, merchantability or fitness for a particular purpose, or any warranty that these pages, or the server that makes them available, are free of viruses or other harmful elements, and such warranties are expressly disclaimed.

 

Limitation of Liability

You agree that you will hold harmless MTM and its officers, directors, employees, and volunteers from all claims arising out of or related to your access or use of, or your inability to access or use, this Website or the information contained in this Website or other websites to which it is linked.

Indemnification

You agree to indemnify and hold each of MTM, its parents, subsidiaries, affiliates, officers, directors and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the MTM Services, the violation of these Terms of Service by you, or the infringement by you, or any other subscriber or user of your account, of any intellectual property or other right of any person or entity.

Applicable Law

These Terms of Service shall be governed by and construed in accordance with the laws of the State of Wisconsin, without giving effect to its conflicts of laws provisions. By registering for or entering the MTM Services, you consent and submit to the exclusive jurisdiction and venue of the state and federal courts located in Milwaukee, Wisconsin.

 

 Remedies for Breach of these Terms by You

In the event that MTM determines, in its sole discretion, that you have breached any portion of these Terms of Service, or have otherwise demonstrated conduct inappropriate for the MTM Services, MTM reserves the right to (i) delete any or all content provided by you or your agent(s) to The MTM Services; (ii) discontinue your registration(s) with the MTM Services and/or any other MTM community; (iii) discontinue your subscription to any digital product, product, course, event, content, tool or service purchased through the MTM Services; (iv) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (v) any other action which MTM deems to be appropriate.

If your registration(s) with or ability to access the MTM Services, any other MTM community and/or any other service, product, content, course, event, tool or digital product provided to you by MTM is discontinued by MTM due to your violation of any portion of these Terms of Service or for conduct otherwise inappropriate for the community of the MTM Services, then you agree that you shall not attempt to re-register with or access the MTM Services, any other MTM community and/or any other digital product, course content or service provided by MTM, through use of a different member name or otherwise, and you acknowledge that you will not be entitled to receive a refund for fees related to those digital products, products, courses events or content and services to which your access has been terminated because of Terms of Service violations.

Miscellaneous

The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Terms of Service or to exercise any right under the Terms of Service will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect.

MTM may assign its rights and obligations under these Terms of Service and upon such assignment MTM may be relieved of any further obligation hereunder.

You represent to MTM that you have the authority to register with or visit the MTM Services according to these Terms of Service. MTM does not permit anyone under the age of 18 to become a member of the MTM Site.

These Terms of Service constitute the entire understanding between the parties as to the subject matter hereof, and supersede all prior agreements and understandings. Any legally unenforceable provision of these Terms of Service will, at the election of MTM, be deleted or modified to correct the defect and, regardless, the remainder of the terms of these Terms of Service will remain valid and enforceable.

General Site Policies for Chat, Message Board Additional Terms Guidelines

Post and reply responsibly

Although sharing is encouraged, feel free to read without posting and learn from others

Offer opinions, not judgments

Be yourself–as long as you always act with respect to yourself and others

Keep your personal information personal

Keep posts relevant to the topic at hand

 

IMPORTANT:

  • Keep your language clean and inoffensive
  • Do not post information protected by copyright
  • Never post commercial messages or solicitations of any kind

References to outside programs or services not  endorsed by Brook Noel or Make Today Matter, LLC. are not allowed with the exception of the “Treasures and Finds” area within the Community Forums accessible after completion of the Toolbox.

Why? The MTM Program realizes that “getting sidetracked” is one of the top reasons a plan of action becomes more challenging or is abandoned (as outlined in Step 2 of the Toolbox.) Discussion of other systems that Brook Noel  has not specifically approved or endorsed and Brook Noel and the MTM Staff do not specifically have knowledge of creates content that can sidetrack or confuse members. In order to provide a relevant support system, only information which MTM Staff is specifically trained in, and therefore can answer questions on, is allowed. MTM wants to ensure members know specifically which programs are supported by Brook Noel. MTM is a paid membership program, therefore we diligently enforce information is relevant to the instruction and use of the MTM Program. If you have a specific suggestion you would like to share with a user, please use the messaging system.

 

Help us watch: If you see a post before we do or encounter a member that you feel is in violation of our Policies, please report it to us by emailing debbie@maketodaymatter.net.

 

We Reserve the Right to:

  • Organize, discontinue or replace message boards in order to best serve the majority of our members.
  • Moderate community feature access for members who do not comply with these guidelines at our sole discretion or disable access if we believe
  • Delete messages that are thought to violate these policies, applicable law or that may be harmful to other members, our communities, or the rights of brooknoelstudio.com and Make Today Matter, LLC. 
    Privacy PolicyYour privacy is important to us. To better protect your privacy we provide this notice explaining our online information practices.

    The Information We Collect:

    This notice applies to all information collected or submitted on the brooknoelstudio.com and Make Today Matter, LLC. websites. On some pages, you can order products, make requests, and register to receive materials. The types of personal information collected at these pages are:

    Name
    Address
    Email address
    Phone number
    Credit/Debit Card Information

    User Name

    Password

    On some pages, you can submit information about other people. For example, if you order a gift online and want it sent directly to the recipient, you will need to submit the recipient’s address. In this circumstance, the types of personal information collected are:

    Name
    Address
    Phone Number
    Email address (for e-based services)

     

    The Way We Use Information:

    We use the information you provide about yourself when placing an order only to complete that order. We do not share this information with outside parties except to the extent necessary to complete that order.

    We use the information you provide about someone else when placing an order only to ship the product and to confirm delivery. We do not share this information with outside parties except to the extent necessary to complete that order.

    We use return email addresses to answer the email we receive. Such addresses are not used for any other purpose and are not shared with outside parties.

    We use non-identifying and aggregate information to better design our website and to share with advertisers. For example, we may tell an advertiser that X number of individuals visited a certain area on our website, or that Y number of men and Z number of women filled out our registration form, but we would not disclose anything that could be used to identify those individuals.

    Finally, we never use or share the personally identifiable information provided to us online in ways unrelated to the ones described above without also providing you an opportunity to opt-out or otherwise prohibit such unrelated uses.

    Our Commitment To Children’s Privacy:

    Protecting the privacy of the very young is especially important. For that reason, we never collect or maintain information at our website from those we actually know are under 13, and no part of our website is structured to attract anyone under 13. Our Terms of Service require members to be 18 or older.

     

 

How To Contact Us

Should you have other questions or concerns about these policies, please email us at debbie@maketodaymatter.net.

 

Should you have other questions or concerns about these policies, please email us at debbie@maketodaymatter.net.