Terms and Conditions

 

Take On The Day, LLC Terms of Use 

Last Modified: February 11, 2026

These Terms of Use (the “Agreement”) govern your access to and use of any website or application owned or managed by Take On The Day, LLC (“TOTD”) (each a “TOTD Site,” and collectively the “TOTD Sites”) in connection with Dr. Laura’s Schlessinger’s (“Dr. Laura”) radio show and related media content.

Please read this Agreement carefully before using this TOTD Site. Your use of this TOTD Site constitutes your acceptance to be bound by this Agreement without limitation, qualification or change. If at any time you do not accept all the terms and conditions of this Agreement, you must immediately discontinue use of this TOTD Site. This Agreement sets forth TOTD’s policies with respect to its operation of the TOTD’s Site. Other policies govern TOTD’s non-Internet operations.

Certain products or services offered by this and/or other TOTD Site (collectively the “TOTD Internet Services”), and certain areas within this and/or other TOTD Site may be governed by additional terms (“Additional Terms”) presented in conjunction with those products or services. You must agree to those Additional Terms before using those areas of the TOTD Site or TOTD Internet Services. The Additional Terms and this Agreement, taken together, shall apply to your use of those areas of the TOTD Site or TOTD Internet Services. In the event of an irreconcilable inconsistency between the Additional Terms and this Agreement, the Additional Terms shall control.

YOU MAY NOT USE ANY TOTD SITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THIS AGREEMENT AND/OR ANY APPLICABLE ADDITIONAL TERMS. YOUR ACCESS TO ANY TOTD SITE MAY BE TERMINATED IMMEDIATELY IN TOTD’S SOLE DISCRETION, WITH OR WITHOUT NOTICE, IF YOU FAIL TO COMPLY WITH ANY PROVISIONS OF THIS AGREEMENT AND/OR ANY APPLICABLE ADDITIONAL TERMS, OR FOR ANY OTHER REASON, OR NO REASON.

By using this TOTD Site, you are representing and warranting that: (a) you are a legal resident of the United States; (b) you are at or above the legal age of majority in your jurisdiction of residence; (c) you own or have sufficient authorization to use the computer, mobile device, technology or other device you use to access this TOTD Site (collectively, “Device”); and (d) you will access and use this TOTD Site in accordance with this Agreement.

Some parts of this TOTD Site may contain adult content intended for people who are at or above the legal age of majority in their jurisdiction of residence. By viewing this adult content, you are representing that you are at or above such legal age of majority and that the content is acceptable to you. If you are the parent or legal guardian and consent to your minor child’s access to and use of the TOTD Site, you agree to be bound by these terms on behalf of yourself and your minor child.

Content

The TOTD Site, including its text, audio, video, graphics, charts, photographs, interfaces, icons, software, computer code, data, trademarks, logos, slogans, documentation, other components and content, and the design, selection, and arrangement of content, and all intellectual property rights in the foregoing (collectively, the “Content”) are exclusively the property of TOTD or, as applicable, its vendors or licensors.  Except for the rights expressly granted to you in the next section, TOTD reserves all other rights in and to the TOTD Site and Content, including all intellectual property rights.

Use Rights

You may only use the TOTD Site, TOTD Internet Services, or Content for your personal, non-exclusive use in the United States, so long as you comply with this Agreement and all Additional Terms applicable to you (if any), and all applicable laws. You may only use the TOTD Site and the Content for their intended purposes for which they are made available to you by TOTD.

Mobile Devices

If permitted or available through the applicable TOTD Internet Service, to (a) upload content to this TOTD Site via your mobile device and/or tablet, (b) receive and reply to messages, or to access or make posts using text messaging, (c) browse this TOTD Site from your mobile device and/or (d) to access certain features through a mobile application you have downloaded and installed on your mobile device (collectively the “Mobile Services”), you must have a mobile communications subscription (or have the consent of the applicable subscriber) with a participating carrier or otherwise have access to a mobile communications network for which TOTD makes the TOTD Internet Service available as well as any carrier services necessary to download content, and pay any service fees associated with any such access (including text messaging charges for each text message you send and receive on your mobile device). In addition, you must provide all equipment and software necessary to connect to the TOTD Internet Service, including, but not limited to, if this TOTD Site contains a mobile element, a mobile hand set or other mobile access device that is in working order and suitable for use in connection with the TOTD Internet Service and to use any part of that Service. You are responsible for ensuring that your equipment and/or software does not disturb or interfere with TOTD’s or this TOTD Site’s operations or the TOTD Internet Service. Any equipment or software causing interference will be immediately disconnected from the TOTD Internet Service and TOTD will have the right to immediately terminate this Agreement. If any upgrade in or to the TOTD Internet Service requires changes in your equipment or software (including the operating system for your Device), you must effect these changes at your own expense. Unless explicitly stated otherwise, any new or additional features that augment or enhance the current TOTD Internet Service, including the release of new products and services, will be subject to the terms and conditions of this Agreement. You agree to follow and comply with any applicable laws in your use of the TOTD Internet Service.

Mobile Messaging

TOTD operates a mobile messaging program (the “Program”). By enrolling, signing up, or otherwise agreeing to participate in the Program, you accept and agree to the following terms (“Mobile Messaging Terms”).  

1. Program Description: We may send promotional and transactional mobile messages in various formats through the Program. Promotional messages advertise and promote our products and services and may include promotions, specials, and other marketing offers. Transactional messages relate to an existing or ongoing transaction and may include order notifications and updates, appointment reminders, and other transaction-related information. Mobile messages may be sent using an automated technology, including an autodialer, automated system, or automatic telephone dialing system. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of our mobile messages are sent using an autodialer. Message frequency will vary but will not exceed 10 messages per month. You agree that we, our affiliates, and any third-party service providers may send you messages regarding the foregoing topics or any topic and that such messages and/or calls may be made or placed using different telephone numbers or short codes. We do not charge for mobile messages sent through the Program but you are responsible for any message and data rates imposed by your mobile provider, as standard data and message rates may apply for SMS and MMS alerts.  
   
   
2. User Opt-In: By providing your mobile phone number to us, you are voluntarily opting in to the Program and you agree to receive recurring mobile messages from us at the mobile phone number associated with your opt-in, even if such number is registered on any state or federal “Do Not Call” list. You agree that any mobile phone number you provide to us is a valid mobile phone number of which you are the owner or authorized user. If you change your mobile phone number or are no longer the owner or authorized user of the mobile phone number, you agree to promptly notify us at drlaura@drlaura.com. Your participation in the Program is not required to make any purchase from us and your participation in the Program is completely voluntary.  
   
   
3. User Opt-Out and Support: You may opt-out of the Program at any time. If you wish to opt out of the Program and stop receiving mobile messages from us, or you no longer agree to these Mobile Messaging Terms, reply STOP, STOPALL, QUIT, CANCEL, END, and/or UNSUBSCRIBE to any mobile message from us. You may continue to receive text messages for a short period while we process your request and you may receive a one-time opt-out confirmation message. You understand and agree that the foregoing is the only method available to you for opting out of receiving mobile messages from us. For support, reply HELP to any mobile message from us. Our mobile messaging platform may not recognize requests that modify the foregoing commands, and you agree that we and our service providers will not be liable for failing to honor requests that do not comply with the requirements in these Mobile Messaging Terms. We may also change the telephone number or short code we use to operate the Program and we will notify you of any such change. You acknowledge that any requests sent to a telephone number or short code that has been changed may not be received by us and we will not be responsible for failing to honor a request sent to a telephone number or short code that has been changed.  
   
   
4. Disclaimer of Warranty and Liability: THE PROGRAM IS OFFERED ON AN “AS-IS” BASIS AND MAY NOT BE AVAILABLE IN ALL AREAS, AT ALL TIMES, OR ON ALL MOBILE PROVIDERS, AND MAY NOT CONTINUE TO WORK IN THE EVENT OF PRODUCT, SOFTWARE, COVERAGE, OR OTHER CHANGES MADE BY YOUR WIRELESS CARRIER. YOU AGREE THAT NEITHER WE NOR OUR SERVICE PROVIDERS WILL BE LIABLE FOR ANY FAILED, DELAYED, OR MISDIRECTED DELIVERY OF ANY MOBILE MESSAGE OR INFORMATION SENT THROUGH THE PROGRAM. DELIVERY OF MOBILE MESSAGES IS SUBJECT TO EFFECTIVE TRANSMISSION FROM YOUR WIRELESS SERVICE PROVIDER/NETWORK OPERATOR AND IS OUTSIDE OF OUR CONTROL. WE AND OUR SERVICE PROVIDERS AND THE SUPPORTED WIRELESS CARRIERS ARE NOT LIABLE FOR DELAYED OR UNDELIVERED MESSAGES.
   
   
5. Modifications: We may modify or cancel the Program or any of its features at any time, with or without notice. To the extent permitted by applicable law, we may also modify these Mobile Messaging Terms at any time. Any such modification will take effect when it is posted to  the TOTD Site. Your continued participation in the Program will constitute your acceptance of those modifications 

Changes to This Agreement

TOTD reserves the right, in its sole discretion, to modify, alter, or otherwise change this Agreement and/or the Additional Terms at any time. TOTD will provide notice of such change on the TOTD Site. Please review this Agreement and/or Additional Terms periodically for changes. Your continued use of this TOTD Site and/or TOTD Internet Service constitutes your acceptance and agreement to be bound by these changes without limitation, qualification or change. If at any time you do not accept these changes, you must immediately discontinue use of this TOTD Site and/or the TOTD Internet Service to which the changes may apply.

Accounts, Security, Passwords

To access certain features of the TOTD Site or TOTD Internet Services, you may be required to create an account. If you create an account, you must complete the specified registration process by providing us with current, complete, and accurate information as requested by the applicable online registration form. You are responsible for maintaining the currency, completeness, and accuracy of your registration data and any loss or harm resulting from inaccurate or outdated information is your responsibility. After you have fully completed the registration form, you may be asked to choose a password and a user name. It is entirely your responsibility to maintain the confidentiality of your account credentials, including your password and username. Additionally, you are entirely responsible for any and all activities that occur under your account. You agree to notify TOTD immediately of any unauthorized use of your account. To the fullest extent permitted by law, TOTD is not liable for any loss or damage arising from unauthorized use of your account, either with or without your knowledge. You may cancel your account by delivering notice in the manner provided in the Additional Terms governing the particular TOTD Internet Service. TOTD reserves the right, in its sole discretion, to suspend or terminate your account at any time, with or without notice.

Prohibited Uses

In accessing and using this TOTD Site and/or the TOTD Internet Services, you agree that you will not:

• Deliver any unsolicited advertisement, promotional materials, junk email, bulk email (also known as “spam”), chain letters, surveys or contests, or solicit participation in any pyramid schemes (unless it is on a page that explicitly states that such postings are allowed on that page).
• Deliver any unlawful (according to local, state, federal, or international law or regulation) postings to or through this TOTD Site, or any postings which advocate illegal activity.
• Deliver, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable.
• Deliver, or provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability.
• Deliver, or provide links to, any postings containing defamatory, false or libelous material.
• Deliver any posting that infringes or violates any intellectual property or other right of any entity or person, including, without limitation, copyrights, patents, trademarks, laws governing trade secrets, rights to privacy, or publicity.
• Deliver any posting to that you do not have a right to make available under law or contractual or fiduciary relationships.
• Impersonate another person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity, or adopt a false identity if the purpose of doing so is to mislead, deceive, or defraud another.
• Manipulate identifiers, including by forging headers, in order to disguise the origin of any posting that you deliver.
• Deliver any posting containing personal information, such as phone numbers, social security numbers, account numbers, addresses or employer references.
• Use any TOTD service in any manner which could damage, disable, overburden, or impair or otherwise interfere with the use of this TOTD Site or other users’ Devices, or cause damage, disruption or limit the functioning of any software, hardware, or telecommunications equipment.
• Attempt to gain unauthorized access to this TOTD Site, any related website, other accounts, computer system, or networks connected to this TOTD Site, through hacking, password mining, or any other means.
• Obtain or attempt to obtain any materials or information through any means not intentionally made available through this TOTD Site, including harvesting or otherwise collecting information about others such as email addresses.
• Engage in any conduct that, in TOTD’s sole discretion, is harmful to, interferes with, or adversely affects the integrity, security, or reputation of the TOTD Site, the TOTD Internet Services, TOTD, other users, or any third party, or that otherwise violates this Agreement or any applicable Additional Terms.

AI Features

The TOTD Site may offer features or tools that use artificial intelligence or similar automated technologies to generate responses or assist users in interacting with content (collectively, “AI Features”). This includes, without limitation, the Stacy AI Assistant, which is designed to process user inputs and provide responses that may reference, summarize, or direct users to existing content featuring or related to Dr. Laura. AI Features operate automatically and do not involve human review or individualized judgment.

You are solely responsible for any information, text, or other content you submit through AI Features (“Inputs”) and for ensuring that your Inputs comply with this Agreement and applicable law. TOTD does not control and is not responsible for any Inputs submitted through AI Features.

AI Features are provided for general informational and entertainment purposes only. Responses generated by AI Features may be incomplete, inaccurate, or outdated and are not intended to constitute, and should not be relied upon as, psychological, medical, legal, or other professional advice. Use of AI Features does not create a therapist-patient, counselor-client, physician-patient, or similar professional relationship. You are solely responsible for how you interpret and use any information provided through AI Features, and any reliance on such information is at your own risk.

AI Features are provided on an “AS IS” and “AS AVAILABLE” basis and are subject to the disclaimers and limitations of liability set forth in this Agreement. TOTD makes no representations or warranties regarding the accuracy, completeness, reliability, or suitability of any responses generated by AI Features and disclaims all liability arising from your use of, or reliance on, any AI Feature. TOTD may modify, suspend, or discontinue any AI Feature at any time, with or without notice.

No Professional Advice.

The TOTD Site and Content, including any commentary, opinions, or advice provided by or featuring Dr. Laura, are offered for general informational and entertainment purposes only and are not intended to constitute, and should not be relied upon as, psychological, medical, legal, or other professional services or advice. No therapist-patient, physician-patient, counselor-client, or similar professional relationship is created through your use of the TOTD Site or any Content made available through them. You are solely responsible for your own decisions and actions, and any reliance on the Content is at your own risk.

No Warranties

THE TOTD SITE AND CONTENT, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH THIS TOTD SITE ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TOTD MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS TOTD SITE OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS TOTD SITE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, TOTD DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM STATUTE, SUCH AS COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE IN TRADE. TOTD DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THIS TOTD SITE WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS TOTD SITE AND/OR ITS SERVER WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS. TOTD DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY MATERIAL OF ANY KIND CONTAINED WITHIN THIS TOTD SITE FOR ANY PURPOSE, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTENT.

TOTD IS NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, INTERRUPTIONS IN THE TRANSMISSION, OR ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT WARRANT OR ENDORSE ANY THIRD-PARTY CONTENT.

Limitations on Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TOTD, ITS SUBSIDIARIES, AFFILIATES, DISTRIBUTORS, SUPPLIERS, LICENSORS, AGENTS OR OTHERS INVOLVED IN CREATING, SPONSORING, PROMOTING, OR OTHERWISE MAKING AVAILABLE THIS TOTD SITE AND ITS CONTENTS, BE LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO: (I) LOSS OF GOODWILL, PROFITS, BUSINESS INTERRUPTION, DATA OR OTHER INTANGIBLE LOSSES; (II) YOUR INABILITY TO USE, UNAUTHORIZED USE OF, PERFORMANCE OR NON-PERFORMANCE OF THIS TOTD SITE; (III) UNAUTHORIZED ACCESS TO OR TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS; (IV) THE PROVISION OR FAILURE TO PROVIDE ANY SERVICE; (V) ERRORS OR INACCURACIES CONTAINED ON THIS TOTD SITE OR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THIS TOTD SITE; (VI) ANY TRANSACTIONS ENTERED INTO THROUGH THIS TOTD SITE; (VII) ANY PROPERTY DAMAGE INCLUDING DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM CAUSED BY VIRUSES OR OTHER HARMFUL COMPONENTS, DURING OR ON ACCOUNT OF ACCESS TO OR USE OF THIS TOTD SITE OR ANY SITE TO WHICH IT PROVIDES HYPERLINKS; OR (VIII) DAMAGES OTHERWISE ARISING OUT OF THE USE OF THIS TOTD SITE AND TOTD INTERNET SERVICES. THE LIMITATIONS OF LIABILITY SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF TOTD HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE AGGREGATE LIABILITY OF TOTD ARISING OUT OF OR IN CONNECTION WITH THE TOTD SITE OR CONTENT, OR YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE TOTD SITE OR CONTENT EXCEED $100 U.S.D., EVEN IF ANY REMEDY PROVIDED FAILS OF ITS ESSENTIAL PURPOSE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification

YOU SHALL INDEMNIFY AND HOLD HARMLESS TOTD, ITS SUBSIDIARIES, AGENTS, DISTRIBUTORS AND AFFILIATES, AND THEIR OFFICERS, DIRECTORS AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, DEMANDS, LIABILITIES, COSTS AND EXPENSES, INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES, RESULTING FROM YOUR BREACH OF ANY PROVISION OF THIS AGREEMENT, THE ADDITIONAL TERMS, OR ANY WARRANTY YOU PROVIDE HEREIN, OR OTHERWISE ARISING IN ANY WAY OUT OF YOUR USE OF THIS TOTD SITE AND ANY RELATED TOTD INTERNET SERVICE AND/OR SOFTWARE. YOU AGREE TO COOPERATE FULLY WITH TOTD IN ASSERTING ANY AVAILABLE DEFENSES IN CONNECTION WITH A CLAIM SUBJECT TO INDEMNIFICATION BY YOU UNDER THIS AGREEMENT.  WE RESERVE, AND YOU GRANT TO US, THE EXCLUSIVE RIGHT TO ASSUME THE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU (SUBJECT TO YOUR CONTINUING INDEMNIFICATION). 

Modification/Termination

TOTD reserves the right, in its sole discretion, to modify, suspend, or terminate this TOTD Site and/or any portion thereof, including any TOTD Internet Service, and/or your account, password, or use of any TOTD Internet Service, or any portion thereof, at any time for any reason with or without notice to you.

Termination of your account for a TOTD Internet Service removes your authorization to use the TOTD Internet Service. In the event of termination, you will still be bound by your obligations under this Agreement and any Additional Terms, including the warranties made by you, and by the disclaimers and limitations of liability. Additionally, TOTD shall not be liable to you or any third party for any termination of your account or access to a TOTD Internet Service.

Third-Party Websites, Content, and Platforms

This TOTD Site and TOTD Internet Services may contain links to, or make content available through, websites, applications, platforms or other services operated by third parties (the “Linked Sites”). TOTD does not own, monitor, or control the Linked Sites and makes no representations regarding, and is not liable or responsible for, the accuracy, completeness, timeliness, reliability or availability of, any of the content uploaded, displayed, or distributed, or products, or services available at the Linked Sites. If you choose to access any third-party site (including any Linked Site), you do so at your own risk, and your use of that site is subject to its own terms of use and privacy policy, which you should review. The presence of a link to a third-party site does not constitute or imply TOTD’s endorsement, sponsorship, or recommendation of the third party or of the content, products, or services contained on, or available through, the site.

International Use/U.S. Export Controls

The TOTD Site is intended for use in the United States only. We do not guarantee that use of the TOTD Site will be available or permitted in any location other than the United States. Accessing materials on this TOTD Site by certain persons in certain countries may not be lawful, and TOTD makes no representation that materials on this TOTD Site are appropriate or available for use in locations outside the United States. If you choose to access this TOTD Site from outside the United States, you do so at your own risk and initiative, and are responsible for compliance with any applicable local laws. THE EXISTENCE OF THE TOTD SITE OR ANY CONTENT SHALL NOT BE CONSTRUED AS TOTD OFFERING SUCH SITE OR CONTENT TO PERSONS IN JURISDICTIONS WHERE THE PROVISION OF SUCH SITE OR CONTENT IS PROHIBITED BY LAW.

The United States controls the export of any software downloadable from this TOTD Site. No software or any other materials associated with this TOTD Site may be downloaded or otherwise exported or re-exported to countries or persons prohibited under export control laws, including but not limited to countries against which the United States has embargoed goods, or to anyone on the U.S. Treasury Department list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department’s Table of Deny Orders. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of any such materials. By using and/or downloading any such materials from a TOTD Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country to which such import, export, or re-export is prohibited or are not a person or entity to which such export is prohibited.

Third-Party Merchants

This TOTD Site may enable you to order and receive products, information and services from businesses that are not owned or operated by TOTD. The purchase, payment, warranty, guarantee, delivery, maintenance, and all other matters concerning the merchandise, services or information, opinion or advice ordered or received from such businesses are solely between you and such businesses. TOTD does not endorse, warrant, or guarantee such products, information, or services, and is not liable for the accuracy, completeness, or usefulness of such information or the quality of availability of such products or services. TOTD will not be a party to or in any way responsible for monitoring any transaction between you and third-party providers of such products, services, or information, or for ensuring the confidentiality of your credit card information. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility.

Events

You may be invited or asked to attend TOTD-sponsored events or events held by other members and users of this TOTD Site which are not in any way associated with TOTD at various locations throughout the United States (collectively, “Events”). Your participation in any Events is at your own risk and you agree to release and hold TOTD, its subsidiaries, agents, distributors and affiliates, and their officers, directors and employees harmless from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, any injury or death to you or your minor children or wards, resulting from attending the Events or participation in any activities available at the Events. TOTD does not control and is not responsible for Events organized by third parties.  TOTD-sponsored Events may be photographed or recorded for documentary or promotional purposes. Where required by law, TOTD will obtain appropriate consent before using any such photographs or recordings.

Interactive Services

This TOTD Site may offer certain TOTD Internet Services having interactive components such as bulletin boards, chat rooms, blogs, forums and any other social media forms or sites. You may participate in such components by completing the registration form where one is provided. Additional Terms may cover such components and TOTD Internet Services, which appear on the pages where these services are available, in addition to this Agreement. The selection of available TOTD Internet Services may change from time to time in TOTD’s sole discretion.

User Materials

The TOTD Site may allow users to submit, post, upload, or otherwise make available notes, AI inputs, messages, postings, ideas, suggestions, concepts, or other material or files delivered to a TOTD Site by you or other users (collectively “User Materials”). TOTD does not control and is not responsible for any User Materials.  TOTD is not obligated to and does not regularly review, prescreen, monitor, delete, or edit User Materials. However, TOTD reserves the right to do so at any time in its sole discretion, for any reason or no reason, and to refuse, delete, move or edit any User Materials, in whole or in part, with or without notice. The views and opinions expressed in User Materials are those of the individual users and do not necessarily reflect the views of TOTD. TOTD makes no representations or warranties regarding the accuracy, completeness, or reliability of any User Materials, and any reliance on User Materials is at your own risk. TOTD is not responsible or liable for damages of any kind arising from any User Materials even when TOTD is advised of the possibility of such damages, or from TOTD’s alteration or deletion of any User Materials.

You are solely responsible and liable for all User Materials delivered to this TOTD Site using your account. Any violation of these provisions can subject your TOTD account to immediate termination and, possibly, further legal action. You represent and warrant that you own or otherwise control any and all rights in and to the User Materials and that public posting and use of the User Materials by TOTD will not infringe or violate the rights of any third party in any manner.

By submitting, transmitting, posting, uploading, modifying or otherwise providing any User Material in connection with this TOTD Site, whether solicited or unsolicited, you are granting TOTD and its designees a royalty-free, fully paid, non-exclusive, irrevocable, perpetual, unrestricted, worldwide license to reproduce, publish, transmit, perform, display, sublicense, create derivative works from and otherwise use such User Material for any purpose, including, without limitation, advertising and promotional purposes, alone or as a part of other works in any form, media or technology now or hereafter known. No credit, approval or compensation is due to you for any such use of User Materials you may submit. TOTD also has the right, but not the obligation, to use information provided with your User Material, including your name, image, or other identifying information, in connection with broadcast, print, online or other use or publication of your User Materials.  You acknowledge that this TOTD Site is “public,” and in addition to the license granted to TOTD, other users will have access to your User Materials and might copy, modify or distribute them.

If you are aware of any User Material on this TOTD Site which violates this Agreement, please contact us at usermaterials@drlaura.com. Please provide as much detail as possible, including a copy of the underlying material, the location where TOTD may find it, and the reason such User Material should be removed. Please note that filing a complaint will not guarantee its removal, TOTD will only remove User Materials if TOTD believes the measure is necessary, in our sole discretion. To the extent any notice is based on an alleged copyright violation, please follow in the instructions set forth in the section entitled “Copyright Infringement."

Other than those we specifically request, we do not accept or consider unsolicited creative materials, ideas or suggestions either via this TOTD Site, email or other means. However, if you do still transmit to us, via this TOTD Site, email or otherwise, any unsolicited communication or material, you will be deemed to have granted to us the same rights as are set out in this section with respect to User Materials.

Referral Programs and “Forward to a Friend” Opportunities

The TOTD Site may offer referral programs that permit you to submit contact information about individuals you know (each, a “Referred Person”), so that we may send information and/or promotional offers concerning the TOTD Internet Service. You may only refer persons with whom you have a personal relationship and only if you have obtained their prior consent to share their contact information with us. We reserve the right to limit the number of Referred Persons you can submit, and to limit the number of transmissions to any particular Referred Person from time to time. A Referred Person must be a permanent, legal resident of the continental United States, of legal age of majority in their jurisdiction, and be able to register for the TOTD Internet Service, or otherwise use the TOTD Internet Service. The contact information for a Referred Person must be valid and functioning in order for us to contact him or her about the TOTD Internet Service. TOTD may decline to contact any Referred Person or exclude any individual from participation in a referral program in its sole discretion.

If you misuse any referral program or otherwise engage in improper behavior with respect to a referral program, as we determine in our sole discretion, we reserve the right to suspend or terminate the TOTD Internet Service to you. We may from time to time offer incentives or rewards in connection with a referral program, and any such incentive or reward programs shall be subject to Additional Terms which will be posted at the time such programs become available and will be deemed incorporated into, and subject to, this Agreement. We reserve the right, in our sole discretion, to modify or suspend, temporarily or permanently, or cease to provide any and all referral programs without notice, reason or liability.

You agree not to use such TOTD Internet Service to harm, harass, or spam any Referred Person or any other third party, or in violation of any applicable laws, rules or regulations or the terms and conditions of this Agreement.

Voting/Rating Features

The TOTD Site may offer voting, rating, or similar interactive features from time to time. If you participate in any such feature, you must follow instructions on this TOTD Site to submit your votes/ratings, including any restrictions set forth with respect to limitations on voting/rating. Votes/ratings received from you in excess of any stated limitation will be disqualified. Payment or other consideration in exchange for votes/ratings is prohibited. Votes/ratings generated by script, macro or other automated means or any other means intended to impact the integrity of the voting/rating process as determined by us may be void. TOTD assumes no responsibility for incorrect/inaccurate voting/rating information or for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, votes/ratings. We may, at our discretion, modify, terminate, or suspend the voting/rating or void any vote/rating if TOTD determines that the administration, security, or fairness of the voting/rating has been compromised. We reserve the right, in our sole discretion, to disqualify any individual it finds to be violating this Agreement, tampering with the voting/rating process, or acting in an unsportsmanlike or improper manner and void all associated votes/ratings. Our decisions with respect to all aspects of any voting/rating element are final and binding, but not limited to, with respect to the tallying of votes/ratings and the invalidation or disqualification of any suspected votes/ratings or voters/raters.

Subscriptions and Premium Services

The TOTD Site may offer subscription-based or other paid services, including newsletters, alerts, premium content, or other features (collectively, “Subscription Services”). Certain Subscription Services may automatically renew on a monthly or annual basis, and some may be offered as non-renewing gift subscriptions. The features, pricing, billing frequency, and applicable terms for each Subscription Service will be disclosed at the time of enrollment or purchase.

By enrolling in or using a Subscription Service, you agree to pay all applicable fees and to comply with any additional terms presented in connection with the applicable Subscription Service, in addition to this Agreement. You authorize TOTD to charge your selected payment method in accordance with the disclosed billing terms and represent that you are authorized to use the payment method provided.

You may cancel an automatically renewing Subscription Service at any time through your account settings or by contacting customer support as described on the applicable TOTD Site. Cancellation will take effect at the end of the then-current billing period, and you will continue to have access to the Subscription Service through the end of that period. Fees already paid are non-refundable except as required by applicable law.

From time to time, TOTD may offer gifts or promotional items in connection with certain Subscription Services. Such offers are subject to availability and any additional terms disclosed at the time of the offer.

TOTD reserves the right to suspend or terminate access to any Subscription Service at any time. If TOTD terminates a paid Subscription Service without cause before the end of a prepaid subscription period, TOTD will provide a pro-rated refund for the unused portion of the subscription, in accordance with applicable law.

Contests/Sweepstakes

Any sweepstakes, contests, games and/or promotional offers accessible on this TOTD Site are governed by specific rules and/or terms and conditions applicable to the promotion which are linked from the particular page or activity. By entering a sweepstakes or contests or participating in such games or promotional offers available on this TOTD Site, you will be subject to those rules and/or terms and conditions. To the extent of any conflict between those rules and/or terms and conditions and this Agreement, the rules and/or terms and conditions for the sweepstakes, game or promotional offer will govern, but only to the extent of the conflict.

Miscellaneous

This Agreement and any Additional Terms shall be governed by, construed and enforced in accordance with the laws of the State of California, as it is applied to agreements entered into and to be performed entirely within such state, without regard to conflict of law principles. You agree that any and all disputes, claims and causes of action arising out of, or connected with, this Agreement and/or the Additional Terms, or in connection with any matters related to this TOTD Site, shall be resolved individually, without resort to any form of class action, exclusively in either the state or Federal courts located in Los Angeles County, California. You agree to submit to the personal jurisdiction of the courts of the State of California for any cause of action arising out of this Agreement. You agree to file any cause of action with respect to this Agreement within one year after the cause of action arises. You agree that a cause of action filed after this date is barred.

If any provision of this Agreement, or the application thereof to any person or circumstances, is held invalid or for any reason, unenforceable including, but not limited to, the warranty disclaimers and liability limitations, then such provision shall be deemed superseded by a valid, enforceable provision that matches, as closely as possible, the original provision, and the other provisions of this Agreement shall remain in full force and effect. The failure of either party to insist upon strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Unless expressly provided otherwise, this Agreement is the entire agreement between you and TOTD with respect to the use of this TOTD Site and shall not be modified except in writing, signed by an authorized representative of TOTD.

We may assign our rights and delegate our duties under this Agreement at any time to any party without notice to you.  You may not assign your rights or delegate your duties under this Agreement without our prior written consent.  This Agreement inures to the benefit of TOTD’s successors and assigns.

This Agreement and any other documentation, agreements, notices, or communications between you and TOTD may be provided to you electronically to the extent permissible by law. 

If you have any questions concerning this Agreement, you may send them by email to termsagreement@drlaura.com. You must send any official correspondence via postal mail to:

Take on the Day, LLC

c/o Crossover Media Group

360 N Pacific Coast Hwy, Suite 2000

El Segundo, CA 90245

 

Copyright & Trademark Notice

Use of Intellectual Property

The TOTD Site, and all of its contents, including but not limited to articles, other text, photographs, images, illustrations, graphics, video material, audio material, including musical compositions and sound recordings, software, TOTD logos, titles, characters, names, graphics and button icons (collectively “Intellectual Property”), are protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is owned or controlled by TOTD or by other parties that have provided rights thereto to TOTD.

You may not, and agree that you will not, reproduce, download, license, publish, enter into a database, display, modify, create derivative works from, transmit, post, distribute or perform publicly by any means, method, or process now known or later developed, decompile, reverse engineer, disassemble, use on another computer-related environment, transfer or sell any Intellectual Property, information, software or products obtained from or through this TOTD Site, in whole or in part, without the express written permission of TOTD.

Other trademarks, service marks, product names and company names or logos appearing on this TOTD Site that are not owned by TOTD may not be used without express permission from their owners.

Additionally, unless otherwise expressly permitted, websites may not link, whether by hyperlink or otherwise, to any page beyond the homepage of this TOTD Site, or frame this TOTD Site, or any web page or material herein, nor may any entity include a link to any aspect of this TOTD Site in an email for commercial purposes, without the express written permission of TOTD. Further, unless otherwise expressly permitted, you agree not to link to TOTD's Intellectual Property so as to cause you or anyone else to access TOTD's Intellectual Property other than through this TOTD Site.

You may inquire about obtaining permission by writing:

Take On The Day, LLC
 c/o Crossover Media Group
 360 N Pacific Coast Hwy, Suite 2000

El Segundo, CA 90245
By Email: copyright@drlaura.com

 

Copyright Infringement

TOTD respects the intellectual property rights of third parties, and complies with the terms of the Digital Millennium Copyright Act (DMCA) regarding such rights. By submitting any material or photographs through this TOTD Site, you are granting permission to have this material posted on this TOTD Site, and are representing that you are the rightful owner of the submitted material, and that no one else may claim rights to this material. TOTD reserves the right to remove access to infringing material. Such actions do not affect or modify any other rights TOTD may have under law or contract. You can find our procedures for providing notice of alleged copyright infringement below.

Procedure for Making Claim of Copyright Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, you should send written notification thereof, in accordance with the provisions of the Digital Millennium Copyright Act, to our Designated Agent, who can be reached as follows:

By mail:

DMCA Designated Agent
Take On The Day, LLC
c/o Crossover Media Group
360 N Pacific Coast Hwy, Suite 2000
El Segundo, CA 90245

By Email: copyright@drlaura.com

 

 Pursuant to 17 U.S.C. § 512(c), to be effective, the Notification must include the following:

• (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
• (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit TOTD to locate the material.
• (iv) Information reasonably sufficient to permit TOTD to contact the complaining party, such as an address, telephone number, and, if available, an email address.
• (v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
• (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

This process only relates to reporting a claim of copyright infringement. Messages related to other matters will not receive a response through this process.