terms and conditions
effective may 30, 2023
These Terms and Conditions (“Terms”) govern your access to the website and the mobile phone application provided by the Gabby Bernstein family of companies including Dear Gabby, Inc., Gabby Plus, Inc., and Gabby Bernstein, Inc. (“we,” “our,” or “us”). We operate the website and all affiliated subdomains located at gabbybernstein.com (“Site”), and the Gabby Plus mobile phone application (“App”).
By visiting or using the Site/App or purchasing any product available through the Site/App (“Product”), you engage in our “Service” and agree to be bound by this Agreement. Please read these Terms and Conditions carefully before accessing or using our Site/App. The Terms and Conditions are a binding legal contract between you and us. Do not continue to use the Site or App if you do not agree to accept all of the Terms and Conditions stated on this page.
IMPORTANT NOTICE: YOUR USE OF THIS SITE AND/OR APP AND PURCHASE OF OUR PRODUCTS ARE SUBJECT TO A MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER SET FORTH IN THE SECTION OF THIS AGREEMENT TITLED “Dispute Resolution by Binding Arbitration and Class Action Waiver,” WHICH REQUIRES YOU TO ARBITRATE DISPUTES WITH US ON AN INDIVIDUAL BASIS, UNLESS YOU OPT-OUT AS EXPLAINED IN THE SECTION REFERENCED HEREIN.
table of contents
1. Services and Site Usage
3. Modifications to the Services and Prices
6. Refunds and Cancellations
7. Your Content
8. Third Party Voucher Offers
9. Proprietary Rights
11. Disclaimer of Warranties; Limitations of Liability
12. Dispute Resolution by Binding Arbitration and Class Action Waiver
14. Digital Millennium Copyright Act
16. Consent to Receive Text Messages
17. Notice to California Residents
1. services and site usage
We grant you a non-exclusive, non-transferrable, revocable license to use the Service, including the Products (subject to payment, where applicable), for your personal, non-commercial use in accordance with these Terms and any conditions or restrictions associated with the particular courses or features of our Services. By using the Site/App or purchasing a Product, you represent and warrant that you are at least the age of majority in your state or province of residence, and you agree that you shall not: (a) use any Products or Services available on or through the Site/App for any (i) illegal or unauthorized purpose, or (ii) in any manner that is harmful, deceptive, threatening, abusive, harassing, tortious, obscene, libelous, or otherwise objectionable in our sole discretion; (b) violate any laws in your jurisdiction or the rights of us or any third party; (c) use the Site/App in connection with any products or services not supplied or provided by us or otherwise approved by us in writing; (d) remove any proprietary notices, labels, or marks on the Site/App; (e) attempt to derive any source code or underlying ideas or algorithms of any part of the Site/App; or (f) transmit any worms or viruses or any code of a destructive nature. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or Site/App or any contact on the site through which the Service or Site/App is provided, without express written permission by us. A breach or violation of any of the Terms will result in an immediate termination of your Services and access to the Site/App.
Certain Products may be offered on a subscription basis. If you purchase a subscription, you will continue to be billed on a recurring basis, and your selected Products will automatically be provided at the price and frequency you choose at the time of your purchase unless and until you change or cancel your subscription on our Site, App, or by emailing us at [email protected]. Your Account will be charged for your initial purchase, and all applicable fees, using the payment method provided or selected by you at the time of purchase or otherwise provided in your Account. Some Products may include a free trial period which will convert into automatic, recurring payments after the period ends. If you cancel within the free trial period, you will not be charged.
We reserve the right to adjust our subscription offer, including prices, in our sole discretion, at any time; provided, however, that we will provide you with advance notice of any price changes. Your acceptance of the Products after such notice has been delivered to you will constitute your acceptance of such price changes, unless you cancel your subscription in accordance with these Terms. We may, in our sole discretion, terminate your subscription at any time without notice. If we do so, you will no longer be charged for future recurring subscription fees. We may also, in our sole discretion, suspend, modify, or cancel any subscription offering at any time without notice to you.
3. modifications to the service and price
We reserve all rights, at any time, to change, suspend, or discontinue any aspect of the Service at any time, including the availability of any feature or content. We may terminate your license to use the Service, in whole or in part, including your right to use any Products, without providing any refund, if we determine, in our sole discretion, that you have breached or violated any of the provisions of these Terms. We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service, the Site/App, or any Products.
We generally give a Lifetime Access license to our students when they enroll in a course for a one-time payment or recurring payment plan. Lifetime Access is for the lifetime of the Service. However, we reserve the right, in our sole discretion, to revoke any license to access and use courses at any point in time in the event where we decide or are obligated to disable access to a course due to legal or policy reasons, for example, if the course you enrolled in is the object of a copyright complaint, or if we determine its content violates these Terms. If for any reason, we should dissolve or cease to exist, then your access to the Service will terminate.
You may purchase licenses to certain Products through a one-time payment or in recurring installments, as specified on the Site/App. When you make a purchase, you authorize us to charge the credit card, debit card, PayPal, Google Pay or Apple Pay account you provide on a one-time or recurring basis, depending on which payment plan you elect. You may be asked to provide certain information, including your name, email, phone number, payment card information, billing address, and shipping address. By purchasing a Product, you represent and warrant that: (i) you have the legal right to use any payment card(s) or other payment method(s) used in connection with any purchase; and (ii) the information you supply to us is true, correct, and complete. By submitting this information, you grant us the right to use and provide the information to third-party service providers, including payment processors, to facilitate your purchase. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site or App. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased. If we change or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed for non-personal uses, including suspected purchases by resellers or distributors.
When you make a purchase, you are solely responsible for providing us with accurate shipping information and a valid phone number or email address. If any Product is returned to us as a result of your failure to provide us with accurate shipping information, we are under no obligation to re-send the Product to you, and you shall be responsible for any additional shipping fees or other charges that may be applied to the return of the Product to us or in re-sending the Product to you.
To use certain features of the Site/App, you might be required to register for an account with us (“Account”) and provide certain information about yourself. You represent and warrant that: (a) all information you submit is truthful and accurate; (b) you will maintain the accuracy of such information and will update such information in the event of changes; and (c) your use of the Site/App does not violate any applicable law, regulation, or these Terms.
You are responsible for maintaining the confidentiality of your Account login information. You are responsible for all activities that are associated with your Account (including, but not limited to, any purchases, use of the Site/App, or communications from your Account, and purchases made from your Account). You agree to immediately notify us of any unauthorized use or suspected unauthorized use of your Account or any other breach of security.
6. refunds and cancellations
Each of the Products sold by us on this Site/App has its own refund policy noted on the sales page and/or check-out page. If you have questions about a specific policy, please email us at [email protected] before you purchase. You may contact us about a refund or cancellation at our Site, App, and [email protected].
If you receive a refund for a Product, you will have no further right to use that Product. We will have the sole discretion to determine whether you satisfy the eligibility criteria for a refund. In the event of a refund request, we may treat such requests as requests to cancel, even if the refund is ultimately denied, unless otherwise instructed by you.
7. your content
We may provide the opportunity for you to provide content or materials (“Your Content”) by means of the Services, including by commenting on blog posts, by communicating with us directly, or through other forums. You grant to us and our affiliates a non-exclusive, perpetual, royalty-free, worldwide, assignable, transferrable, right and license to reproduce, display, perform, transmit, modify, publish, create derivative works from and otherwise use Your Content in any formats or media now known or hereafter devised, in connection with our provision or promotion of information products or services.
We shall be under no obligation: (1) to maintain Your Content in confidence; (2) to pay compensation for any of Your Content; (3) to respond to any of Your Content; (4) to use any of Your Content; or (5) to notify you of the use of any of Your Content.
You agree that Your Content will not violate any law or regulation, or the rights of any third party (including copyright, trademark, privacy, personality, or other personal or proprietary right). You further agree that Your Content shall be truthful, honest, and reflect your own opinions, and will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any of Your Content. You are solely responsible for any of Your Content you make and its accuracy. We take no responsibility and assume no liability for any of Your Content posted by you or any third party. We reserve the right, but have no obligation to, monitor, edit, or remove Your Content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any law, regulation, the rights of us or any third party, or these Terms.
8. third party voucher offers
Marie Forleo’s b-school vouchers have no cash value and cannot be combined with any other discounts or offers (affiliate or otherwise) or applied to purchases you have already made. Your b-school payments must be in good standing and remain so (as determined by us) in order to use the voucher. The voucher is transferable, but all of the underlying conditions remain the same. For the full list of products to which the voucher may be applied, please email [email protected].
The Integrative Nutrition vouchers have no cash value and cannot be combined with any other discounts or offers (affiliate or otherwise) or applied to purchases you have already made. Your Integrative Nutrition payments must be in good standing and remain so (as determined by us) in order to use the voucher. The voucher is transferable, but all of the underlying conditions remain the same. For the full list of products to which the voucher may be applied, please email [email protected].
9. proprietary rights
We or our licensors exclusively own all right, title, and interest in and to this Site/App and all contents and materials contained therein, including without limitation all ideas, inventions, inferences, discoveries, software code, developments, derivative works, upgrades, patches, formats, and processes, and all images, trademarks, service marks, logos, and icons displayed therein or related thereto (collectively, “Intellectual Property”). Except as expressly provided in this Agreement, you have no right, license, or authorization to any of the Intellectual Property. You shall not assert any claims to the contrary or do anything inconsistent with the allocation of ownership herein, including, but not limited to, challenging the validity of the authorizations or any intellectual property rights granted herein. In the event you are ever deemed to be the owner of any of the Intellectual Property, you shall immediately take all necessary steps to evidence, transfer, perfect, vest, or confirm our right, title, and interest in the Intellectual Property. We are not transferring or granting to you any right, title, interest, license, or other permission in or to any of the Intellectual Property. ANY UNAUTHORIZED USE OF THE INTELLECTUAL PROPERTY MAY VIOLATE COPYRIGHT LAWS, TRADEMARK LAWS, PRIVACY AND PUBLICITY LAWS, AND COMMUNICATIONS REGULATIONS AND STATUTES, AND IS EXPRESSLY PROHIBITED. Trademarks owned by third parties are the property of those respective third parties.
11. disclaimer of warranties; limitations of liability
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WHILE WE MAKE GOOD FAITH EFFORTS TO INCLUDE SUBSTANTIALLY ACCURATE INFORMATION IN THE SERVICES, ERRORS OR OMISSIONS MAY OCCUR. IF WE RECEIVE NOTICE OF ERRORS OR OMISSIONS, WE WILL MAKE REASONABLE EFFORTS TO CORRECT THEM IN DUE COURSE; BUT WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, PERFORMANCE, CURRENCY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE SERVICES, THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR AS TO THE RESULTS THAT WILL BE DERIVED FROM USING ANY OF THE INFORMATION INCLUDED IN THE SERVICES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO CASE SHALL WE, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS, OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICE OR ANY PRODUCTS PROCURED USING THE SERVICE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY, BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES. THERE IS NO GUARANTEE THAT YOU WILL EARN ANY MONEY OR ACHIEVE ANY PARTICULAR RESULTS USING THE TECHNIQUES AND IDEAS PROVIDED IN CONNECTION WITH THE SERVICES. ALL INFORMATION PROVIDED IN CONNECTION WITH THE SERVICES IS INTENDED FOR EDUCATIONAL PURPOSES ONLY, FOR A GENERAL AUDIENCE, AND NOT AS SPECIFIC ADVICE TAILORED FOR AN INDIVIDUAL OR BUSINESS. NONE OF THE INFORMATION PROVIDED IN CONNECTION WITH THE SERVICES SHALL BE CONSTRUED TO CONSTITUTE MEDICAL, PSYCHOLOGICAL, FINANCIAL OR ACCOUNTING, LEGAL OR OTHER PROFESSIONAL ADVICE; WE URGE YOU TO CONSULT WITH AN APPROPRIATE LICENSED PROFESSIONAL IF YOU SEEK ANY SUCH ADVICE.
12. dispute resolution by binding arbitration and class action waiver
You agree that any dispute, claim, or request for relief relating in any way to your access or use of the Site/App, your use and/or purchase of any Products or Services sold or distributed through the Site/App (including any subscription arrangement), communications between you and us (including telephone calls, emails, text messages, or other communications), any aspect of your relationship with us, or this Agreement (including the enforceability of this arbitration provision) will be resolved by binding arbitration pursuant to the Federal Arbitration Act, rather than in court, except that you may assert claims or seek relief in small claims court if your claims qualify. Arbitration shall be submitted to the American Arbitration Association (AAA) pursuant to the then-current AAA Consumer Arbitration Rules and the AAA Consumer Due Process Protocol, which you can find here: https://www.adr.org/consumer. All disputes, claims, or requests for relief shall be arbitrated either by telephone, online, or based solely on written submissions, including affidavits, and will not involve any personal appearances by parties or witnesses unless you and we agree otherwise. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. You and we will each bear their own costs and attorneys’ fees in the event of a dispute, provided, however, that the prevailing party shall be entitled to recover its costs and reasonable attorneys’ fees to the extent permitted by applicable law or under applicable arbitration rules. The entire dispute, including the scope and enforceability of this arbitration provision and arbitrability of any dispute, shall be determined by the arbitrator.
This arbitration provision shall survive the termination of this Agreement. Nothing in this section is intended to limit the relief available to either you as an individual or us in arbitration or small claims court, including equitable relief that an arbitrator may be required to make available by applicable law. Notwithstanding the foregoing, the following shall not be subject to arbitration and may be adjudicated only in the state and federal courts of Delaware: (i) any dispute, controversy, or claim relating to or contesting the validity of our intellectual property rights and proprietary rights, including without limitation, patents, trademarks, service marks, copyrights, or trade secrets; (ii) an action by us for temporary or preliminary injunctive relief, whether prohibitive or mandatory, or other provisional relief; or (iii) any legal action by us against a non-consumer.
YOU AGREE TO WAIVE YOUR RIGHT TO FILE OR PARTICIPATE IN A CLASS ACTION. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS AGREEMENT MUST BE LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS OR THROUGH PARTICIPATION IN A CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE ACTION. CLAIMS OR DISPUTES OF MORE THAN ONE USER CANNOT BE LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER USER. If a decision is issued stating that applicable law precludes enforcement of any of this limitation on class proceedings as to a given dispute, claim, or request for relief, then such aspect must be severed from the arbitration and brought into the state or federal courts located in Delaware.
You and we agree that all arbitrations between you and us under this agreement are governed by the Federal Arbitration Act (“FAA”) and federal law, notwithstanding any state or local laws, or the laws of other countries, concerning or purporting to place limits on the availability or scope of arbitration or imposing obligations greater than, or inconsistent with, the FAA. In all other respects, the laws of the State of Delaware shall control to the fullest extent permitted, without giving effect to any principles that provide for the application of the laws of another jurisdiction, but only to the extent that the laws of Delaware are consistent with the FAA.
You shall have thirty (30) days from the earliest of the date that you visit the Site/App, make a purchase, or submit information through the Site/App to opt out of this arbitration provision and class action waiver, by contacting us by email at [email protected] or mailing us at Dear Gabby, Inc., 8 The Green; Suite 8436, Dover, DE 19901. If you do not opt out by the earliest of the date that you visit the Site/App, make a purchase, or submit information through the Site/App, then you are not eligible to opt out.
14. digital millennium copyright act
If you believe that any of the Services contain content that infringes on your copyright, please forward the following information by email to [email protected] or in writing to Dear Gabby, Inc., 8 The Green; Suite 8436, Dover, DE 19901.
- Your address, telephone number, and email address;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the alleged infringing material is located;
- A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
The Services may contain links to websites that we do not operate. We are not responsible for the content of any such websites, and you should direct any concerns regarding such websites to their respective site administrators or webmasters.
16. consent to receive text messages
By subscribing to our text notifications, you agree to receive automated marketing text messages from us about our Products and Services at the phone number you provided when you subscribed, and that the messages may be sent via automatic telephone dialing system or other technology. You also authorize us to include marketing content in any such messages. You do not have to Opt-In or agree to Opt-In to receive text messages as a condition of purchase of any Product or Service.
You can cancel the SMS service at any time by texting “STOP” to the short code. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time, and we will start sending SMS messages to you again.
If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly at our Site, App, or [email protected].
Carriers are not liable for delayed or undelivered messages.
As always, message and data rates may apply for any messages sent to you from us and to us from you. Message frequency varies. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
17. notice to california residents
With respect to any electronic commercial service offered on or through the Site/App, California residents are entitled to the following specific consumer rights information. The provider of the Site/App is: Dear Gabby, Inc., 8 The Green; Suite 8436, Dover, DE 19901.
To file a complaint regarding the Site/App, or to receive further information, send a letter to the attention of “Legal Department” at the above address or contact us via e-mail at [email protected] (with “California Resident Request” as the Subject Line). You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at 916.445.1254 or 800.952.5210.
If any provision of these Terms and Conditions are determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions. Such determination shall not affect the validity and enforceability of any other remaining provisions. These Terms and Conditions are effective when you first access or use the Site/App and shall remain in full force unless and until terminated by either you or us. You may terminate these Terms and Conditions at any time by notifying us in writing. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms and Conditions constitute the entire agreement and understanding between you and us and govern your use of the Service and purchase of Products, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions). The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. Any new features or tools which are added to the current Site/App shall also be subject to the Terms and Conditions. You can review the most current version of the Terms and Conditions at any time at this page. We reserve the right, at our sole discretion, to update, modify or replace any part of these Terms and Conditions, and we shall provide notice to you of such changes either through this Site/App, through email, or as is otherwise provided. Your continued use of this Site/App shall constitute your acceptance of any modified terms. It is your responsibility to check our Site/App periodically for changes.