Terms of Use | Do Better Collective

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I agree to the following terms and conditions:

TERMS OF SERVICE

Welcome to The Do Better Collective LLC’s (“The Do Better Collective”) Terms of Service (“Terms”). This page contains important information about your legal rights. By using this website (“Community”), you signify your assent to these Terms. If you do not agree to all of these Terms and Conditions of Use, do not use this website.

These Terms cover the information about The Do Better Collective and the services we provide to registered users for your use of and access to the website, products, applications, tools and features (collectively, the “Services”) provided by The Do Better Collective (together with its officers, directors, employees, agents, subsidiaries and affiliates). Our Privacy Policy explains what personal information we collect and how it’s used and shared. By using or accessing the Services, you’re agreeing to these Terms and our Privacy Policy (collectively, the “Agreement”). If you’re using the Services for an organization, you’re agreeing to this Agreement on behalf of that organization, and represent and warrant that you have the authority to do so. If you don’t agree to all the terms in this Agreement, you may not use or access the Services. It includes important information about your legal rights, remedies and obligations including various limitations and exclusions, and governs how disputes will be resolved. The Do Better Collective reserves the right, at its sole discretion, to deny further or continuing access to the Community to any visitor, including without limitation, any user that The Do Better Collective determines has violated any aspect of these Terms. The Do Better Collective reserves the right, at its sole discretion, to seek and obtain any other remedies available to it pursuant to any applicable laws and regulations or at equity as a result of your breach of these Terms or any other act or omission by you that gives rise to a claim by The Do Better Collective. Because irreparable injury may result to The Do Better Collective in the event of a breach or threatened breach of any of these Terms, The Do Better Collective shall be entitled to, in addition to money damages, equitable relief to protect its interests, including, but not limited to, preliminary and permanent injunctive relief. Please contact us if you have any questions.

This Community does not provide medical or professional services or advice

The content in this Community is intended to be a general information resource in regard to the subject matter covered, and is provided solely on an “as is” and “as available” basis as noted on these Terms and Conditions of Use. You are encouraged to confirm the information contained herein with other sources, and to review the information carefully. The Do Better Collective is not engaged in rendering medical or similar professional services or advice via this website, and the information provided is not intended to replace clinical expertise and training you have received in the field of behavior analysis nor does it constitute or replace clinical advice or training you have received from a behavior analyst or related professional. If you desire or need such services or advice, you should consult a professional healthcare provider. You should not construe The Do Better Collective’s publication of this content as an endorsement by The Do Better Collective of the views expressed herein, or any warranty or guarantee of any strategy, recommendation, treatment, action or application of procedures or interventions made by the author of the content. The Community and all information posted via the Community are for educational and informational purposes only, and no content constitutes expert, professional, or legal advice or opinion. If you rely on and/or use any information you obtain via the Community you do so AT YOUR OWN RISK.

Community Agreements

This Community exists to facilitate the sharing of ideas and information to improve the professional practice of behavior analysts and related service providers.

As with any community, there are guidelines governing behavior on this Community. Establishing and following these guidelines helps to ensure that everyone’s experience in the Community is pleasant, useful, and respectful of others.

By joining and using the Community, you agree that you have read and will follow these Community Agreements in addition to the other items within these Terms. You also agree to limit discussions to topics that are relevant and appropriate to these forums. If you do not wish to accept the Terms, then please do not participate in the Community.

The Do Better Collective aims to create a space of learning from a place of curiosity and seeking to improve our practice by synthesizing the information gleaned from various perspectives and the science of behavior analysis. Members of the Do Better Collective enter this space of welcoming and belonging guided by the following agreements (adapted from the Compassionate Listening Project):

Listen and engage from your heart instead of your ego
Lean into ambiguity and differences
Practice cultural humility and allow space for differences of perspectives, communication styles, and emotions
Notice your own bias, privileges, and triggers and practice being humble when members of the Community point out biases, privileges, and triggers
Give space and take space and be respectful of time
Engage from a place that allows for your own and the collective Community’s self-care, we are all humans trying to learn and do better
Recognize impact over intentions and adjust future behavior accordingly
Practice silence
Raise awareness, create opportunities for repair, and seek opportunities for dialogue around “-isms” without shame or blame
Focus on discussing content and action items, refrain from discussing specific people, businesses, organizations, etc

The Professional and Ethical Compliance Code for Behavior Analysts

The Do Better Collective is a community of practice for behavior analysts and related service providers. Board Certified Behavior Analysts® (BCBA) , Board Certified Assistant Behavior Analysts® (BCaBA®) , and Registered Behavior Technicians® (RBT®) are required to adhere to the Professional and Ethical Compliance Code (Code) for Behavior Analysts published by the Behavior Analyst Certification Board® (BACB®). As such, members of this Community are expected to familiarize themselves with this Code and abide by it when interacting within this community. All members of the Community must complete a recorded training outlining how aspects of the Code might interact with this Community and pinpointing action steps to take when content within the Community may violate the Code. Each member of the Community is expected to incorporate the content within the training and future training or communication provided by the Do Better Collective as new considerations around adhering to the Code come to light based on communications and updates from the BACB® or through our own experiences within the Community. The following are some examples of the types of content and/or use that is a potential violation of the Code and prohibited by The Do Better Collective in our Community and you agree to not use the Service to:

Post content that infringes on the BACB®’s intellectual property rights such as logos, original and derivative works of the BACB®, and BACB® exam content
Request or provide client specific clinical advice
Share content that includes identifying client information and/or otherwise does not protect client confidentiality

The following are additional considerations around how the Code interacts with this community and as a member of the Do Better Collective you agree to:

Refrain from using the Code to demand users of the Community change content that clearly represents their own opinion and is part of their right to free speech and not under the purview of the Code.
Follow the steps provided within the training from the Do Better Collective on how to approach content that may be a violation of the Code.
Follow the steps provided within the training from the Do Better Collective on how to respond when approached about a potential violation of the Code.

Creating an Account Registration.

To use the Services, you must first create an account (“Account”). You agree to provide us with accurate, complete, and updated information for your Account. We may need to use this information to contact you. If you choose to register for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service’s registration form. Registration data and certain other information about you are protected and governed by our Privacy Policy.

Staying Safe.

Your safety and security are important to us. The nature of this Community promotes the sharing of some personal information by users with other users. The Do Better Collective cannot and does not assure that it is safe for you to have direct contact with other users of this Community. Please safeguard your Account and do not provide others with your password. You must immediately notify us of any actual or suspected loss, theft or unauthorized use of your Account or password. You’re solely responsible for any activity on your Account. We’re not liable for any acts or omissions by you in connection with your Account. The Do Better Collective does not conduct criminal background checks on or screenings of its users.

Eighteen And Older.

The Services are not intended for and may not be used by children under the age of 18. By using the Services, you represent that you’re at least 18. Mobile Services. The Service includes certain services that are available via a mobile device and your wireless service carrier’s standard charges, data rates, and other fees may apply. Downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. You should check with your carrier to find out if the Mobile Services are available for your mobile device, and what restrictions, if any, may be applicable to your use of such Mobile Services. By using the Mobile Services you agree We may communicate with you regarding The Do Better Collective and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your account information to ensure that your messages are not sent to the person that acquires your old number.

User Responsibility.

You are solely responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”) that you upload, post, publish or display (hereinafter, “Post”) or email or otherwise transmit or use via the Service. The Do Better Collective reserves the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. The following are examples of the kind of content and/or use that is illegal or prohibited by The Do Better Collective on our Community and you agree to not use the Service to:

Post or transmit any content that (i) is unlawful, harmful, threatening, abusive, harassing, tortious, violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another‘s privacy, hateful racially, ethnically or otherwise objectionable or which promotes racism, sexism, abelism, bigotry, hatred or physical harm of any kind against any group or individual (basically, be a good neighbor); (ii) you do not have a right to transmit under any law or under contractual or fiduciary relationships; (iii) poses or creates a privacy or security risk to any person; (iv) not infringe or violate the rights of any third party, including without limitation any copyrights, trademarks, privacy rights, publicity rights, contract rights or any other intellectual property or proprietary rights; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation, or use any distribution lists including any person who has not given specific permission to be included in such a process (commercial or otherwise); (vi) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or (vii) in the sole judgment of The Do Better Collective, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose The Do Better Collective or its users to any harm or liability of any type;

“stalk,” harass, advocate harassment or otherwise violate the legal rights of others;
harm minors in any way; impersonate any person or entity, or falsely state or otherwise misrepresents your affiliation with a person or entity;
exploit people in a sexual or violent manner;
solicit personal information from anyone under the age of 18;
harvest or collect email addresses or other contact information of other users from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
download any file that you know, or reasonably should know, cannot legally be distributed in such manner;
advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or
violate any terms which may be applicable for any particular area of the Service; or intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law;
use the Service in any unlawful manner or in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party‘s use and enjoyment of the Service;
further or promote any criminal activity or enterprise or provide instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; or
obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.

Our recourse.

We may review your conduct and User Content for compliance with these Terms and delete that Content in violation of these Terms. Even though we have no obligation to do so and are not responsible for User Content.

Marketing Use.

We may use in perpetuity, worldwide and free of charge, your comments for the purpose of The Do Better Collective marketing and promotional activities and will remove all personal, identifiable information from marketing material unless you explicitly grant permission. If you don’t want your comments featured in marketing material you can opt out at any time via the by contacting us at https://dobettermovement.us/contact

Follow The Law.

You represent that your use of the Services is not contrary to law, including without limitation applicable US export controls, regulations and sanctions.

Personal Use. The Service is for your personal use and may not be used for direct commercial endeavors.

Fees.

You acknowledge that The Do Better Collective reserves the right to charge for any portion of the Service and to change its fees (if any) from time to time at its discretion. If The Do Better Collective terminates your account and use of the Service because you have breached these Terms of Use, you shall not be entitled to the refund of any unused portion of fees or payments (if any).

Subscriptions.

Share Responsibly.

The Services let you share User Content with others, including without limitation on social media and the open web, so please think carefully about what you share. We’re not responsible for what you share via the Services.

No Resale of Service.

The pages and content on this Community may not be copied, distributed, modified, published, or transmitted in any commercial matter, including use for creative work or to sell or promote other products. Violation of this restriction may result in infringement of intellectual property and contractual rights of The Do Better Collective or third parties which is prohibited by law and could result in substantial civil and criminal penalties. So long as you comply with these Terms of Service, you are authorized to access, use, and make limited number of copies of information and materials available on this Community only for the purposes of your personal use to learn more about The Do Better Collective or its products or services, or to otherwise communicate with The Do Better Collective or utilize our Services.

Third Party Services And Sites and User Content Third Party.

The Services are integrated with various third party services, applications and sites (collectively, “Third Party”) that may have their own terms and policies, and your use of them will be governed by those terms and policies. We don’t control Third Party Services, and we’re not liable for Third Party Services or for any transaction you may enter into with them. Your security when using Third Party Services is your responsibility. You also agree that we may, at any time and in our sole discretion, and without any notice to you, suspend, disable access to or remove any Third Party Services. We’re not liable to you for any such suspension, disabling or removal, including without limitation for any loss of profits, revenue, data, goodwill or other intangible losses you may experience as a result thereof (except where prohibited by law).

Links to Third Party Sites. The Services may contain links to third party sites. When you access third party sites, you do so at your own risk. We don’t control and aren’t liable for those sites.

User Content.

We haven’t reviewed and can’t review all of the User Content made available via the Services. The Services may contain User Content: (a) that is offensive or objectionable; (b) that contains errors; (c) that violates intellectual property, privacy, publicity or other rights of third parties; (d) that is harmful to your computer or network; or (e) the downloading, copying or use of which is subject to additional terms and policies. By operating the Services, we don’t represent or imply that we endorse User Content provided therein, or that we are certain such User Content is accurate, useful or non-harmful. You’re responsible for taking precautions to protect yourself, and your computer or network, from User Content accessed via the Services. In your digital interactions with other users you agree to conduct yourself civilly and respectfully. While using the website, you agree that you shall not under any circumstances harass or make mischief against any other user of the Community. The Do Better Collective reserves the right to determine, at its sole discretion, what constitutes harassment or mischief, and where that has occurred; and may, also at its sole discretion, partially or completely deny service to any infringing party. As part of these efforts, The Do Better Collective may enlist the help of its active users to moderate flagged messages, comments and other content to determine if a user’s conduct is harmful to the community.

Intellectual Property

The contents of this Community are protected by copyright and may not be copied or otherwise reproduced without The Do Better Collective’s written permission except as expressly set forth herein. Users may not publish or create derivative works from the contents of this website for any public or commercial purposes.

Notices and disclaimers

Use of these Services is provided “as is, where is” as an accommodation and without warranty of any kind. The Do Better Collective expressly excludes any express or implied warranty of title, merchantability, fitness for a particular purpose or non-infringement in respect of this website and any links to this website. In no event shall The Do Better Collective be liable for damages of any kind incurred by you as a result of an inaccuracy or error in the information provided on the website, any deficiency, error or interruption in the Community, or any deficiency, defects or failures of any goods or services provided via this website or any links to this Community. The Do better Collective shall not be liable for any indirect, special, consequential, or incidental damages including, without limitation, lost profits or revenues, costs of replacement goods, loss or damage to data or equipment arising out of your reliance on the information provided on this website, the use or inability to use this Community or any deficiency, defect or failure of any Services purchased or provided via this Community or any links to this Community, even if The Do Better Collective has been advised of the possibility of such damages. Your sole remedy in the event of any deficiency, defect, failure, error or interruption shall be to request that The Do Better Collective correct the matter or, if The Do Better Collective fails to do so, to discontinue use of the Community or any relevant Services at your option.

The Do Better Collective Owns the Do Better Collective

The Services are protected by copyright, trademark and other US and foreign laws. These Terms don’t grant you any right, title or interest in the Services, our trademarks, logos or other brand features or intellectual property, or others’ content in the Services. You agree not to change, translate or otherwise create derivative works of the Services.

We Can Use Your Feedback For Free

We welcome your feedback, ideas or suggestions (“Feedback”), but you agree that we may use your Feedback without any restriction or obligation to you, even after this Agreement is terminated.

Our Betas Are Still In Beta

We may release products and features that we’re still testing and evaluating. Those Services have been marked as beta, preview or early access (or a similar phrasing), and may not be as reliable as our other services, so please keep that in mind.

Privacy

Our Privacy Policy explains how we collect, use and share your and your End Users’ information. By using the Services, you agree to our collection, use and sharing of information as set forth in the Privacy Policy.

Term And Termination

This Agreement will remain in effect until terminated by either you or us. To terminate this Agreement, you may contact The Do Better Collective here or simply stop using the Services at any time. We reserve the right to suspend or terminate the Services at any time at our sole discretion and without notice. For example, we may suspend or terminate your use of the Services if you’re violating these Terms. All sections of this Agreement that by their nature should survive termination shall survive termination, including without limitation Your Content, Our Intellectual Property, Warranty Disclaimers, Limitation Of Liability, Indemnification, Dispute Resolution and Additional Terms.

Arbitration and Governing Law

The exclusive means of resolving any dispute or claim arising out of or relating to these Terms of Service (including any alleged breach thereof), the Service, or the Community shall be BINDING ARBITRATION administered by the American Arbitration Association under the Consumer Arbitration Rules. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against the Company in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against the Company any class action, class arbitration, or other representative action or proceeding.

By using the Community or the Service in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and the Company (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY, and the arbitrator shall determine all issues regarding the arbitrability of the dispute. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against the Company (except for small-claims court actions) may be commenced only in the federal or state courts located in the state of Florida. You hereby irrevocably consent to the jurisdiction of those courts for such purposes. This Agreement, and any dispute between you and the Company, shall be governed by the laws of the state of Florida without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act. Your use of this Community is governed by all applicable laws and regulations of the United States and any state and locality having jurisdiction. Information on this Community may be subject to U.S. export control restrictions. Your use of this Community may be subject to the laws of other countries if you are not located in the United States.

Indemnification

To the fullest extent permitted by law, you agree to indemnify and hold harmless The Do Better Collective from and against all damages, losses and expenses of any kind (including without limitation reasonable attorneys’ fees and costs) arising out of or related to: (a) your breach of this Agreement; (b) your User Content; and (c) your violation of any law or regulation or the rights of any third party.

Communications

You agree and consent to receive email messages from us. These emails may be transactional or relationship communications relating to the Community, such as administrative notices and service announcements or changes, or emails containing commercial offers, promotions or special offers from us or third party partners.

Additional Terms

Entire Agreement.

This Agreement constitutes the entire agreement between you and The Do Better Collective regarding the subject matter of this Agreement, and supersedes and replaces any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of this Agreement. This Agreement creates no third party beneficiary rights.
Controlling Law. This Agreement and the Services shall be governed in all respects by the laws of the State of Florida, without regard to its conflict of law provisions.

Waiver, Severability And Assignment.

Our failure to enforce any provision of this Agreement is not a waiver of our right to do so later. If any provision of this Agreement is found unenforceable, the remaining provisions will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under this Agreement, and any such attempt will be void. We may assign our rights under this Agreement to any of our affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.

Modifications.

We may modify this Agreement from time to time, and will always post the most current version on our site. If a modification meaningfully reduces your rights, we’ll notify you (by, for example, sending you an email or displaying a prominent notice within the Services). The notice will designate a reasonable period after which the new terms will take effect. Modifications will never apply retroactively. By continuing to use or access the Services after any modifications come into effect, you agree to be bound by the modified Agreement. If you disagree with our changes, then you should stop using the Services.