Terms of Use

This Website (“Site”) is owned and operated by Adelaide Media, LLC (“be”).

These Terms of Use (“TOU”) set forth the rules for use of this Site and information associated with, available through and contained thereon. Any time that you access this Site whether by direct connection, link or otherwise, these TOU shall govern your use thereof and the term “Site” shall include any and all contents of this Site, including but not limited to the “A Moment of Wellness” program(s) (the “Program(s)”) and all materials presented and developed by be on the Site. By accessing this Site you agree to be bound by these TOU and the be Privacy Policy (“Privacy Policy”) set forth in this Site and incorporated herein by this reference. If you are not in agreement with these TOU and the Privacy Policy, then do not use or enter the Site.

This Site is intended for United States residents only, if by the nature of the Internet, you access this Site from outside of the United States, you do so at your own risk and it is your responsibility to determine and inquire as to whether accessing the Site from your location complies with local laws.

be reserves the right to change, modify, delete and add to the Site at any time. Your continued use of the Site after any such change, modification, deletion or addition is your agreement to be bound by these TOU thereafter. be is under no obligation to advise you of any such change, modification, deletion or addition.

  1. LICENSE: Subject to the terms of these TOU and the Privacy Policy, be hereby grants you a limited, revocable, nonexclusive, nontransferable, nonassignable, royalty-free license and right to access, view, and use this Site and the contents thereof subject to all of the disclaimers and releases herein and third-party rights, including but not limited to copyrights, trademarks, and service marks of such third parties as more particularly set forth herein. You may use the Site contents: (a) for your personal use and not for further dissemination or commercial purposes; (b) if any of the following are offered on the Site, you may (i) stream copies of be’s audio and video products and Programs provided on the Site to a single computer for non-commercial private use; (ii) download materials, including software, offered on the Site to a single computer for non-commercial private use and no right, title or interest in the software shall be deemed transferred to you; (iii) “grab” a Site Widget and forward same to friends; and (iv) to use elements of the Site as expressly permitted and stated thereon. With respect to any software offered on the Site, you are limited to single copy download for your personal use and you may not lease, rent, lend or assign the software and, further, you may not disassemble, reverse engineer, decompile or attempt to identify, reconstruct or otherwise discover the source code for such software. Permission to reprint or electronically reproduce any of the materials on the Site not originated by be in whole or in part for any other purpose is strictly prohibited unless prior written consent is obtained from the applicable copyright owner. Additionally, should the Site offer you an opportunity to register and/or provide materials for use on the Site or elsewhere, you are hereby granted a license to obtain a registered personal account and interact with other users of the Site.
  2. OWNERSHIP: be is the owner of all contents of the Site and all intellectual property rights therein, including but not limited to copyrights, trademarks, service marks, patents, trade names are owned by be and/or the licensor that has granted rights to be. All such content is protected under the applicable United States and international copyright laws and other intellectual property laws. By accessing the Site, you acknowledge and agree that you have no right or claim with respect to any content on the Site.To the extent the site welcomes user content (”User Content”), you hereby grant be the right to use all such User Content provided by you, as be deems appropriate in its sole discretion. be makes no ownership claim in your User Content other than to the extent such may be incorporated into be property.Any unauthorized use of the Site contents, including but not limited to commercial use, merchandising, republication, linking, manipulation shall be deemed a violation of these TOU and may subject you to criminal and/or civil liability under applicable laws.
  3. USER CONTENT: To the extent permitted, if at all, by the Site, users may submit and include User Content on the Site. Your use of this Site and submission of any User Content are conditioned upon your compliance with these TOU and all applicable laws. No User Content may be submitted by children under the age of 13. This section sets forth some basic rules regarding User Content. These are not to be considered all-inclusive while other sections of these TOU also contain descriptions and limitations on use of this Site.
    1. Submissions must be your original creation and/or you must have a fully executed license permitting your use of the content on the Site. You may not submit any material that is the intellectual property of others without the foregoing license granting you use of such content on the Site.
    2. You may not submit or transmit any material in connection with this Site that is: pornographic, lewd, indecent, obscene, defamatory, and libelous or that discloses personal and private information of third parties without their permission.
    3. You may not post any content which is of a threatening or abusive nature or that is hateful, racially, culturally or ethnically offensive or induces criminal activity and violates any laws, rules or regulations.
    4. No promotional materials, solicitations or advertising may be submitted or posted on the Site.
    5. You may not submit or transmit spam, petitions for signatures, letters relating to pyramid schemes or chain letters. Additionally, you may not post any file that contains worms, or viruses, trojan horses or any other contaminating or destructive features.
    6. No robot, spider or other automated means may be used to access this Site.
    7. YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD be, THE PROGRAM HOSTS AND ENTITIES EXHIBITING THE PROGRAMS AND ITS AND THEIR RESPECTIVE MEMBERS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS AND AFFILIATES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS OF ANY NATURE, COSTS, DAMAGES, PENALTIES AND LOSSES OF ANY TYPE, INCLUDING ATTORNEYS FEES AND COSTS, ARISING OUT OF: (a) YOUR SUBMISSION OF USER CONTENT; (b) YOUR USE OF THE SITE AND MATERIAL CONTAINED THEREON; AND © YOUR BREACH OF THE TERMS OF THESE TOU AND THE PRIVACY POLICY.

    be reserves the right to review any and all User Content submitted to the Site and to prohibit or delete any content in its sole discretion. Notwithstanding the foregoing, be also reserves the right to not review User Content nor monitor same and assumes no responsibility as to the accuracy or unacceptable use of any User Content. The appearance of any User Content on the Site shall not be deemed an approval, acceptance or endorsement by be.

  4. ADVERTISEMENTS/LINKS: The Site may contain advertisements for products and services and links to other Websites not controlled by be, including but not limited to Websites owned and/or operated by Program hosts and others. You acknowledge that be does not control or own any such third party Websites, advertisements or their related products and services, and neither endorses or supports any of them. Should you determine to link to any such third party Websites, you do so at your own risk. be EXPRESSLY DISCLAIMS ALL LIABILITY AND RESPONSIBILITY FOR THE CONTENT OF SUCH WEBSITES, ANY ADVERTISED PRODUCTS OR SERVICES ASSOCIATED THEREWITH, AS WELL AS ANY CONTENT OR SOFTWARE IN CONNECTION WITH SUCH WEBSITES.
  5. NO MEDICAL ADVICE: The content of this Site is presented solely for educational and entertainment purposes. Although the information provided on the Site is intended to provide general information on subjects related to health, nutritional and fitness issues, such information is not a substitute for consultations with licensed physicians and other health practitioners. be, the Programs and their hosts, any other materials produced and/or presented by be, and any guests presented on the Site or in any other be materials, nor any information appearing thereon are not creating a doctor-patient relationship nor are dispensing patient specific medical advice. Any such information should not be used for self-diagnosis. SHOULD YOU HAVE ANY HEALTH PROBLEMS, CONCERNS OR QUESTIONS OR YOU WISH TO PURSUE ANY TREATMENT, LIFESTYLE CHANGES, EXERCISE REGIMEN, ETC., WHETHER INCLUDED IN THE SITE CONTENT OR NOT, YOU ARE ADVISED TO CONSULT WITH A LICENSED PHYSICIAN OR OTHER HEALTH CARE PRACTITIONERS BEFORE STARTING OR STOPPING ANY TREATMENT OR UNDERTAKING ANY COURSE OF ACTION DESCRIBED ON THIS SITE OR IN CONNECTION WITH RELATED MATERIALS AVAILABLE ON AND THROUGH THIS SITE.
  6. PROCEDURES FOR COPYRIGHT INFRINGEMENT: If you believe that your work has been copied in a way that constitutes copyright infringement, in accordance with the Digital Millennium Copyright Act, please send a notice of claimed infringement containing the following information to our agent: (a) an electronic or physical signature of the person authorized to act on behalf of the copyright owner; (b) a description of the copyrighted work that you claim has been infringed; © a description of where the material you claim is infringing is located on the Site; (d) your address, telephone number, and email address; (e) a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and(f) a statement made by you, under the penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or duly authorized to act on the copyright owner’s behalf. Our agent may be contacted as follows:Adelaide Media, LLC
    c/o Law Offices of Larry E. Verbit
    9935 S. Santa Monica Blvd.
    Beverly Hills, CA 90212
  7. DISCLAIMER OF WARRANTIES: YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND ITS CONTENTS IS AT YOUR SOLE RISK. THE SITE (AND ANY PORTION OF THE SITE) IS PROVIDEDAS IS” “WITH ALL FAULTSANDAS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, be, THE PROGRAM HOSTS AND EACH OF ITS AND THEIR RESPECTIVE AFFILIATES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE AND NON-INFRINGEMENT) WITH REGARD TO THE CONTENT, PRODUCTS, SERVICES AND ALL OTHER INFORMATION CONTAINED ON AND/OR MADE AVAILABLE THROUGH THIS SITE, INCLUDING BUT NOT LIMITED TO OTHER WEBSITES TO WHICH LINKS ARE PROVIDED ON THE SITE, INCLUDING BUT NOT LIMITED TO THOSE OWNED AND/OR OPERATED BY THE PROGRAM HOSTS. NEITHER be, NOR ANY ENTITY EXHIBITING THE PROGRAMS OR ANY OF THE FOREGOINGSAFFILIATES MAKE ANY WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE SITE OR THE CONTENT OF ANY WEBSITES, PERSONAL SOCIAL MEDIA OR OTHER INTERNET RESOURCES LINKED TO THE SITE AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY: (i) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (ii) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE (OR ANY PARTS THEREOF); (iii) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE (OR ANY PARTS THEREOF) BY ANY THIRD PARTY; AND/OR (iv) FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY USER CONTENT AND/OR OTHER SITE CONTENT POSTED, SHARED, FORWARDED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE SITE AND/OR OTHERWISE THROUGH YOUR OR ANY OTHER SITE USERSEXERCISE OF ANY RIGHTS GRANTED HEREUNDER. be TAKES NO RESPONSIBILITY FOR USER CONTENT OR THIRD PARTY ADVERTISEMENTS THAT ARE POSTED ON THE SITE, NOR FOR THE GOODS OR SERVICES PROVIDED BY SITE ADVERTISERS.
  8. RELEASE AND AGREEMENT NOT TO SUE: To the maximum extent permitted by law, you irrevocably release each of the Released Parties (as defined below) from any and all claims, actions, damages, liabilities, tangible and intangible losses, costs and expenses of any kind (including but not limited to indirect, incidental, special, consequential or exemplary damages, and attorneys’ fees and costs) arising out of, resulting from, by reason or of your use of the Site and any information obtained therefrom, on any legal or equitable theory of liability whatsoever (including without limitation, whether in tort, statutory, rights of privacy and publicity, defamation, false light, infliction of emotional distress, breach of contract, and copyright infringement) (collectively, the “Released Claims”). To the maximum extent permitted by law, you also agree not to sue or institute any other legal proceedings against any of the released parties based on any of the released claims hereunder. As used above, the term “Released Parties” shall mean and refer to be, the Program hosts, all television stations and channels, cable networks, satellite networks, websites, mobile providers and other distributors to which be provides content, all sponsors and advertisers on the Site, all other persons and entities connected with the Site and be, and each of its and their respective parents, subsidiaries, affiliates, licensees, successors and assigns of each of the foregoing, each of its and their respective members, directors, officers, employees, agents, contractors, partners, shareholders and representatives , and each of their respective heirs, next of kin, spouses, guardians, legal representatives, executors, administrators, successors, licensees and assigns.
    1. There is a possibility that after your acceptance of the terms of this TOU as evidenced by your use of the Site, you may discover facts or incur or suffer claims that were unknown or unsuspected at the time you accepted the terms of this TOU by use of the Site, and which, if known by you at that time, may have materially affected your decision to use the Site. By reason of this TOU and the releases contained herein, you have assumed any risk of such unknown facts and such unknown and unsuspected claims. you are aware of the existence of section 1542 of the California Civil Code, which provides:
      A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.

      Notwithstanding this provision, this release shall constitute a full, final, and complete release, accord and satisfaction of each and every of the Released Claims that you have or may have, at any time, against any of the Released Parties. To the maximum extent permitted by law, by use of the Site you knowingly and voluntarily waive the provisions of section 1542 of the California Civil Code, as well as any other statute, law or rule of similar effect in any other jurisdiction throughout the world, and acknowledge and agree that this waiver is an essential and material term of this release. You understand the significance and consequence of the releases you have made herein, and of your waiver of any rights you may have under section 1542 of the California Civil Code and any other similar statutes, laws and rules.
  9. MEDIATION, ARBITRATION & LIMITATION OF REMEDIES:
    1. MEDIATION. If any controversy or claim arising out of or relating to these TOU, the breach of any term hereof cannot be settled through direct discussions, the parties agree to waive and hereby do waive their right to a jury trial and agree to endeavor first to settle the controversy or claim by mediation conducted in the County of Los Angeles and administered by JAMS or its successor (“JAMS”) under its applicable rules, before commencing any proceedings under the procedures set forth in paragraph 9.b. below. Notwithstanding the foregoing, if any party files suit in court, the other party or parties need not demand mediation to enforce the right to compel arbitration.b. ARBITRATION. If any controversy or claim is not otherwise resolved through direct discussions or mediation, as set forth above, then the parties agree that it shall be resolved by binding arbitration conducted in the County of Los Angeles, and administered by JAMS in accordance with its Streamlined Arbitration Rules and Procedures or subsequent versions thereof, including the optional appeal procedure (the “JAMS Rules”). The JAMS Rules for selection of an arbitrator shall be followed, except that the arbitrator shall be an arbitrator experienced in Internet law and licensed to practice law in California or a retired judge. Any appellate panel shall consist of three neutral members subject to the foregoing requirements. Upon conclusion of any arbitration proceedings hereunder, the arbitrator shall render findings of fact and conclusions of law and a written opinion setting forth the basis and reasons for any decision he or she has reached and shall deliver such documents to each party to the agreement along with a signed copy of the award in accordance with Section 1283.6 of the California Code of Civil Procedure.
    2. CONFIDENTIALITY OF PROCEEDINGS. The parties agree that any mediation or arbitration proceedings, testimony, or discovery, along with any documents filed or otherwise submitted in the course of any such proceedings (and including the fact that the mediation or arbitration is even being conducted) shall be confidential and shall not be disclosed to any third party except to the mediators or arbitrators and their staff, the parties’ attorneys and their staff and any experts retained by the parties, or as required by law. Notwithstanding the foregoing, a party may disclose limited information if required in any judicial proceeding brought to enforce these arbitration provisions or any award rendered hereunder.
    3. LIMITATION OF REMEDIES. Notwithstanding the provisions of Paragraph 8, the total liability of the Released Parties, if any, for losses or damages shall not exceed the fees paid by you/user to be for the particular information or service provided. In no event shall any of the Released Parties be liable to you for any losses or damages other than the amount referred to above. None of the Released Parties will be liable or have any responsibility of any kind for any loss or damage that you incur in the event of any failure or interruption of this Site, or resulting from the act or omission of any other party involved in making this Site or the data contained therein available to you. If any part of this limitation does not apply to you, for any reason, then under those circumstances, the aggregate liability of the Released Parties shall not exceed one hundred ($100) dollars in the aggregate. Notwithstanding the foregoing, if and to the extent required by law, the Parties agree that with respect to the arbitration of any claim not otherwise waived herein and brought under any federal or state statute that mandates specific types of unwaivable remedies, the arbitrator may award any remedy mandated by such statute.
    4. NO INJUNCTION. You hereby acknowledge and agree that you expressly waive any right or remedy to seek and/or obtain injunctive or other equitable relief or to enjoin or otherwise restrain or impair in any manner the development, production, distribution, display or other exploitation of the Site and any of its elements and that your sole remedy in connection with any claim shall be for monetary damages as provided for herein.
  10. 10. SEVERABILITY:
    1. If any portion of the dispute resolution mechanism set forth in paragraphs 9.a. through 9.e is found to be invalid, illegal or unenforceable for any reason, that portion shall be severed from the rest and shall not affect the parties’ agreement to resolve all controversies and claims through mediation and arbitration.
    2. If any portion of the other provisions of these TOU is found to be invalid, illegal or unenforceable for any reason, that portion shall be severed from the rest of these TOU and shall not affect the validity and enforceability of any remaining provisions.
  11. TERMINATION AND ASSIGNMENT: be may terminate your right to use the Site at any time without notice. You may not assign any of your rights or obligations under this TOU and be may assign its right and obligations under this TOU at any time to any party without notice to you.
  12. MISCELLANEOUS: This TOU and your use of the Site shall be deemed to be governed by and interpreted in accordance with the substantive laws of the State of California without regard to that state’s choice of law provisions. You consent to the exclusive personal jurisdiction and venue of any state or federal court located in the County of Los Angeles, California to the extent that any court proceedings are commenced; provided, however, that the foregoing shall not in any way diminish or limit the mediation and arbitration provisions set forth above. These TOU shall bind and inure to the benefit of you and the Released Parties, each of the Release Parties respective parents, subsidiaries and affiliated companies, and each of your and their respective successors, assigns, licensees, heirs, next of kin, spouses, legal representatives, administrators, executors, and guardians. Any cause of action or claim you may have with respect to the Site and/or these TOU must be commenced within one year after the claim or cause of action arises. This TOU together with the Privacy Policy constitutes the entire agreement and understanding between be and you with respect to your access and use of the Site. Any failure by be to insist upon or enforce strict performance of any provision of these TOU shall not be construed as a waiver of any provision or right and neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement.