national Family Resiliency Center, Inc.

 

FAMILY CONNEXTM TERMS OF USE AGREEMENT

 

YOU (“USER”) SHOULD CAREFULLY READ THE FOLLOWING FAMILY CONNEX TERMS OF USE AND ALL TERMS AND CONDITIONS CONTAINED IN THIS FAMILY CONNEXTM TERMS OF USE AGREEMENT (THIS “AGREEMENT”) BEFORE USING THE FAMILY CONNEXTM APPLICATION (THE “APPLICATION”). BY CLICKING THE BUTTON MARKED “I ACCEPT THESE TERMS” OR BY ACCESSING AND/OR USING THE APPLICATION, USER HEREBY ACCEPTS THE FOLLOWING TERMS AND CONDITIONS AND UNDERSTANDS THAT THEY WILL BE LEGALLY BINDING ON USER AND NATIONAL FAMILY RESILIENCY CENTER, INC. (“NFRC”).  IF USER DOES NOT AGREE WITH THE TERMS OF THIS AGREEMENT OR DOES NOT WANT TO BE BOUND BY THEM, USER MUST CLICK “I DO NOT ACCEPT THESE TERMS” AND MUST NOT ACCESS OR USE THE APPLICATION.

 

1.         Application.  The Application is an interactive web-based system hosted on servers owned and/or operated by NFRC and is comprised of certain web-based systems and web pages which provide User with certain information related to parenting and family needs assessment and planning.  Among other things, the Application allows User to obtain and/or create certain customized materials, including needs assessments, parenting plans, and a parenting manual.  The Application also allows User to request and receive fee-based assistance from NFRC in the creation of such customized materials.

 

2.         Subscription.  In consideration of the payment of the subscription fee paid by User, NFRC shall provide User with a username and password which will allow User access to the Application for a subscription period of six (6) months.  User may renew the subscription for successive six (6) month renewal periods by payment of the then-current renewal fee.  The terms and provisions of this Agreement shall apply to any renewed subscriptions.

 

If User does not renew the subscription prior to the end of the subscription period, User’s access will automatically terminate upon expiration of the subscription period, without further action by User or notice by NFRC.

 

3.         License.

 

A.        Grant.  In consideration of the payment of a license fee, which is a percentage of the subscription fee paid by User for access to the Application, NFRC hereby grants User a perpetual, limited, personal, non-exclusive, non-transferable, non-assignable, and fully paid-up license to use the following materials obtained and/or created through use of the Application (the “License”): (1) the Needs Assessment; (2) the Parent Plan, and (3) the Parent Manual.  All rights not expressly granted herein are hereby reserved by NFRC.

 

B.         Termination by NFRC.  NFRC may terminate the License at any time upon notification of User.  In the event of termination by NFRC, NFRC shall refund the pro rated balance of any subscription fees paid by User.

 

C.        Termination Upon Condition or Breach.  The License may terminate upon conditions set forth elsewhere within this Agreement or if User breaches any term or condition of this Agreement.  In such event, no notice shall be required by NFRC to effect such termination and NFRC shall not be obligated to reimburse any portion of any subscription fees paid by user.

 

4.         Ownership.  It is hereby understood and agreed by User that NFRC is the owner of all right, title, and interest in the Application, including all copyrighted and copyrightable materials and other intellectual property, with the exception of any elements provided by third parties and/or not hosted by NFRC.  User, through the purchase of a subscription, does not acquire any rights to the Application or to any files, materials, or other content obtained and/or created through use of the Application, except as expressly granted under this Agreement.

 

The NFRC name, logo, and related indicia of source or origin are trademarks of NFRC.  All trademarks, service marks, trade names, trade dress, and other source identifiers contained in the Application (collectively the "Marks") are the property of NFRC or are used by NFRC under grant of license.  Any use, display, or modification of the Marks without the prior written permission of NFRC is strictly prohibited.

 

5.         Collection of Information

 

NFRC may collect information from User when User registers and pays the subscription fee in order to access the Application.  NFRC is and shall remain the sole owner of any information collected through any website owned and/or operated by NFRC, or through the Application.  NFRC may use the information collected for the purposes of exercising its rights and fulfilling its obligations hereunder, and will not sell, share, or rent this information to any other party without User’s prior written consent.

 

6.         Terms of Use.  As a condition of your use of this Site, you agree and warrant to NFRC that you will not use the Application and related website for any purpose which is unlawful or otherwise prohibited by these terms of use hereunder.  

 

A.        Except as specifically permitted hereunder, User shall not, without NFRC's express written consent:

 

1.                  Copy or reproduce, or attempt to copy or reproduce the Application or any materials or information provided within, or obtained or created through use of, the Application;

 

2.         Use, modify, distribute, republish, or create derivate works from the copyrighted or copyrightable materials provided within, or obtained or created through use of, the Application.

 

B.         USER SHALL NOT DELIBERATELY DAMAGE NOR ATTEMPT TO DAMAGE ANY PORTION OF THE APPLICATION.  ANY ATTEMPT BY USER OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY PORTION OF THE APPLICATION MAY BE A VIOLATION OF FEDERAL AND STATE LAW, AND SHOULD SUCH AN ATTEMPT BE MADE, NFRC RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY LIABLE PARTY TO THE FULLEST EXTENT PERMITTED BY LAW.

 

C.        User may not transfer any materials or information obtained and/or created through use of the Application to another party regardless of whether or not the other party agrees to accept the terms and conditions of this Agreement.

 

D.        User shall not transfer or disclose the assigned username and/or password used to access the Application to any other party, or otherwise allow or aid any other party to access the Application.

 

E.         User shall not sublicense, assign, or transfer the License or this Agreement except as expressly provided in this Agreement.  Any attempt to otherwise sublicense, assign, or transfer any of the rights, duties, or obligations hereunder shall result in immediate termination of  this Agreement.

 

7.         Limitation on Liability / Disclaimer.

 

A.  User shall assume sole responsibility for the installation and use of, and results obtained from, the Application.  The entire risk as to the quality and performance of the Application is with User.  Should the Application prove defective or should User experience any problems of any kind with its access to or use of the Application, User assumes the entire cost of all necessary servicing, repair, or correction.

 

B.  The Application DOES NOT provide mental health evaluation, treatment, or diagnostic services.  The information contained in the Application and any communications with or assistance given to User by NFRC in connection with User’s use of the Application is provided for general informational and educational purposes only.

 

INFORMATION CONTAINED IN THE APPLICATION AND ANY COMMUNICATIONS WITH OR ASSISTANCE GIVEN TO USER BY NFRC IN CONNECTION WITH USE OF THE APPLICATION DOES NOT CONSTITUTE PROFESSIONAL ADVICE, EVALUATION, TREATMENT, DIAGNOSIS, OR COUNSELING.  PERSONS SEEKING SUCH SERVICES SHOULD CONSULT WITH A PROFESSIONAL LICENSED AND/OR CERTIFIED IN THEIR JURISDICTION.  IF ANYONE IS IN CRISIS AND/OR NEEDS IMMEDIATE HELP, OR IF ANYONE IS IN PHYSICAL DANGER, IMMEDIATELY CALL 911 AND NOTIFY THE POLICE OR EMERGENCY MEDICAL SERVICES.  DO NOT DISREGARD PROFESSIONAL ADVICE OR DELAY SEEKING PROFESSIONAL ADVICE AS A RESULT OF ANY INFORMATION CONTAINED WITHIN THE APPLICATION.

 

C.  The state or local jurisdiction in which User is located may require entities or individuals who provide mental health services in such jurisdiction to be licensed and/or certified by an appropriate governmental or administrative body.  IF USER DESIRES OR INTENDS TO OBTAIN SERVICES WHICH MAY REQUIRE LICENSURE AND/CERTIFICATION, USER SHOULD CONSULT A PROFESSIONAL WHO IS APPROPRIATELY LICENSED AND/OR CERTIFIED IN USER’S JURISDICTION.  NFRC does not represent or warrant that any content, materials, or information within the Application or any communications with or assistance given to User in connection with User’s use of the Application is provided by a mental health professional licensed and/or certified in User’s jurisdiction.  NFRC hereby disclaims all representations and warranties with respect to the licensure and/or certification in any jurisdiction of any individuals affiliated with NFRC and who may provide any content, information, or materials in the Application.  User hereby waives any claims User may now or in the future have against NFRC arising out of the licensure and/or certification in any jurisdiction of any individuals affiliated with NFRC.

 

D.  THE APPLICATION IS INTENDED FOR THE USE OF INDIVIDUALS OVER 18 (EIGHTEEN) YEARS OF AGE. 

 

E.  THE APPLICATION AND THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS CONTAINED THEREIN, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED ON AN "AS IS" BASIS WITH NO WARRANTY EITHER EXPRESSED OR IMPLIED.  TO THE MAXIMUM EXTENT PERMITTED BY LAW, NFRC DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES, PRODUCTS, AND MATERIALS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND ANY IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING OR COURSE OF PERFORMANCE.  IN ADDITION, NFRC DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS APPLICATION IS ACCURATE, COMPLETE OR CURRENT.  NFRC DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE PROGRAM WILL MEET USER’S REQUIREMENTS, THAT THERE WILL BE NO INTERFERENCE WITH USER’S ENJOYMENT OF INFORMATION, OR THAT THE OPERATION OF THE PROGRAM WILL BE UNINTERRUPTED OR ERROR FREE. 

 

IN NO EVENT SHALL NFRC BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF NFRC HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE THROUGH THE APPLICATION.  THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.  BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON THE LENGTH OF AN IMPLIED WARRANTY OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO USER.

 

F.  NFRC may make changes or improvements to the Application at any time, or may stop providing any component or feature of the Application, at its sole discretion.  NFRC shall not be held responsible for any errors, or any incorrect or inaccurate information.  If, for any reason, the Application is not capable of operating, including due to instability of NFRC computers or servers by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of NFRC that corrupt or adversely affect the operation of the Application, NFRC reserves the right at its sole discretion to suspend access to the Application.

 

G.  The information, content, and services available within and through the Application may contain inaccurate information or typographical errors, and may be subject to amendment or modification at any time.  Reliance by User on any information provided on the Application is solely at User’s own risk.

 

8.         Limited Warranties.

 

A.        NFRC warrants that it owns all rights, title, and interest in and to the Application or, in the case of any third party software or materials, that it has the right to grant a sublicense to use such third party software.  NFRC further warrants that, to the best of NFRC’s knowledge, User’s use of the Application in accordance with this Agreement will not, in and of itself, infringe any third party's copyright, patent, or other intellectual property right.

 

B.         No oral or written advice or information given by NFRC, its dealers, distributors, employees or agents (whether actual or apparent) shall in any way extend, modify or add to the foregoing warranties.

 

9.         External Sites.  The Application may contain links to other sites on the Internet that are owned and/or operated by third party vendors and other third parties (collectively the "External Site(s)").  The External Sites are not under the direction or control of NFRC and NFRC is not responsible for the contents of any External Site, the availability of goods, services, or information located on or through any External Site, or any changes or updates to the External Sites.  User should contact the site administrator or webmaster for a particular External Site if User has any concerns regarding the content, goods, services, or information located on such External Sites.

 

10.       Indemnification.  User agrees to indemnify and hold harmless NFRC, its parents, subsidiaries, affiliates, officers, and employees from any claim, demand, or damages, including reasonable attorney’s fees, asserted by any third party due to or arising out of User’s use of the Application.

 

11.       Jurisdiction and Disputes / Choice of Law.  This Agreement shall be construed under and governed by, for all purposes, the laws of the State of Maryland, without regard to its conflict of laws principles, and any dispute arising hereunder will be governed by the laws of the State of Maryland.  User agrees that the exclusive venue for any suit arising hereunder shall be in the state and federal courts sitting in Baltimore, Maryland, USA.

 

            Pursuant to Md. Code Ann. Section 22-104, the parties hereby expressly agree to opt out of application of and waive applicability under the Maryland Uniform Computer Information Transaction Act (MUCITA), Md. Code Ann. Commercial Law Sections 22-101 et seq., to the extent allowable by law.

 

12.       Miscellaneous.  This Agreement, including any addenda or exhibits attached hereto, constitute the entire agreement and understanding between the parties with respect to its subject matter.  No waiver of breach or failure to exercise any option, right, or privilege under the terms of this Agreement on any occasion or occasions shall be construed to be a waiver of the same or any other option, right or privilege on any other occasion.  Except as otherwise specifically provided herein, this Agreement merges and supersedes all prior and contemporaneous agreements, assurances, representations, and communications between or among the parties hereto concerning the matters set forth herein.  Amendments, modifications, and supplements to this Agreement shall not be permitted unless such changes are in writing signed and consented to by NFRC.

 

If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid or unenforceable for any reason, the remainder of the provision shall be amended to achieve as closely as possible the effect of the original terms and conditions and all other provisions shall continue in full force and effect.

USER HEREBY ACKNOWLEDGES THAT IT HAS READ THIS AGREEMENT, UNDERSTANDS IT AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS.