TERMS OF SERVICE
Thank you for visiting the Family Proud®, Inc. (“Family Proud®”) website, and for your interest in the content and online services accessible on our website.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING OUR WEBSITE.
By visiting the Family Proud® website (“Website”) or using any services that we offer through our Website, through a mobile application or otherwise (“Services”), you agree that you have read and agree to be bound as a party to these Terms of Service (“Agreement”). Unless you unconditionally agree to these Terms of Service, you have no right to use our Website or our Services.
1. Key Definitions
Authorized Contractor. Business entities or person hired by Family Proud® under legal agreements to perform tasks on our behalf or on behalf of our users, e.g. to provide Family Proud® Services to our users.
Individual. A natural person who is the subject of Personal Information.
Personal Information. A data element or set of information that can be used to identify an Individual, either alone or in combination with other information. Personal Information may include, for example, “personally identifiable information” as defined in the California Online Privacy Protection Act of 1993 (CalOPPA).
2. Access to the Family Proud® Website and Services
Our Website, domain name (i.e. www.familyproud.com), and any Services, other linked pages, features, or content offered at the time of your agreement to these Terms of Services are owned and operated by Family Proud®. We may change, suspend or discontinue the Website or certain content, features (including one or more of our Services), or links within or from the Website at any time and without notice. Family Proud® may also specifically limit your access to certain content, Services, and other features of our Website without notice or liability. We reserve the right, in our sole discretion, to amend these Terms of Services at any time by posting a notice on our Website, or otherwise providing you written notice of the amendments. You shall be responsible for reviewing and becoming familiar with any such amendments. By using our Services or other features of our Website following such notice, you agree that you have read and agree to be bound as a party to the amended Terms of Service.
3. Content
The information, images and other content of the Family Proud® Website and/or accessible through our Services (“Family Proud® Content”) are intended solely for the personal, non-commercial use of authorized users of our Services and other visitors to our Website, and may only be accessed and used in accordance with the provisions of these Terms of Service. All Family Proud® Content is covered by copyright and other intellectual property protections under applicable laws. Therefore, you shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Family Proud® Content, or software code, or other feature of our Website or Services, in whole or in part, whether owned by Family Proud® or another party, with the exception of content that you may disclose to us in the course of using our Services, as described in Family Proud®’s Privacy Policy.
You hereby understand that all information and other content not directly owned or licensed by Family Proud® that are publicly posted or privately transmitted through our Website are the sole responsibility of the person or other legal entity (e.g. user, Authorized Contractor) from whom such content originated, and that Family Proud® will not be liable for any errors, omissions, lack of authenticity, or violations of copyright or other applicable intellectual property protection laws regarding such content not directly owned or licensed by us.
4. Who May Use the Family Proud® Website and Services
Users of our Website may include unregistered guests who visit public-facing portions of our Website, as well as registered authorized users of our Services. You may need to create an account to use our Services. To protect your Family Proud® account and your Personal Information, please keep your access credentials confidential. You must provide accurate, complete and current registration information in order to create an account.
Our Services are intended for use by citizens and residents of the United States. Please read our Privacy Policy for additional information regarding the scope of intended users of our Services.
You must be at least 13 years old to create an account to use our Services. A parent, legal guardian, or other legally authorized representative (e.g. person with power of attorney to make healthcare decisions on behalf of another Individual) may create an account on behalf of a minor or an Individual who lacks capacity to make his/her own health care decisions. By creating an account on behalf of an Individual, you represent that you are that Individual’s legally authorized representative. If you are a legally authorized representative, you acknowledge that Family Proud® may ask you to provide documentation verifying that you have the authority to represent the Individual for whom you created an account. A minor between the ages of 13 and 17 may create a user account if his/her parent or guardian provides us with express written permission to do so.
Any minor younger than 13 years of age (i.e. a “child”) is not permitted to use our Services. Family Proud® does not operate a “website or online service directed to children”, as defined in the federal Children’s Online Privacy Protection Act (COPPA). We do not knowingly seek or collect any Personal Information directly from children under the age of 13. If we become aware that we have unknowingly collected any Personal Information directly from a child under the age of 13, we will take commercially reasonable efforts to delete such data from our system.
5. User Activity Guidelines and Restrictions
You are responsible for all your activity while using or otherwise in connection with our Website. You warrant, represent and agree that you will not conduct, cause or participate in the following activities in the course of, or as a result of access to and use of our Website (“Restricted Activities”):
Infringement or violation of the intellectual property rights or other rights concerning the protection or privacy of information or other assets owned by or entrusted to Family Proud®, it’s Authorized Contractors, or any other third party, including Family Proud® Content;
Uploading to or distribution via our Website or Services of any information or other content that may prudently be construed as harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable;
Marketing, sales, or other commercial activities without our express written approval;
Disseminating electronic message or email spam, or operating other types of manual or automated messaging services without our express written approval;
Impersonation of any person or legal entity;
Compromise of information security safeguards, or exploitation of gaps in information security safeguards, including but not limited to phishing and other forms of social engineering used to facilitate unauthorized access to any Family Proud® or third-party computing system;
Uploading, execution, and/or dissemination of any malicious software (e.g. virus, trojan horse, worm);
Compromising the functionality or availability of the Website, Services or any other Family Proud® or third-party computing system;
Decompiling, reverse engineering, or other attempt to obtain the source code of the Website;
Any other unauthorized access to or use of our Website; or
Violation of any law, whether covering Restricted Activities described above or not.
6. Discretion to Remove and Block Website Content
We reserve the right to temporarily or permanently remove content from our Website or Services at any time. We also reserve the right to temporarily or permanently block upload to, distribution via, or presentation on our Website or Services of any content at any time. We may take these actions for reasons including but not limited to receipt of a complaint or other notification from a government entity or other third party alleging, claiming or verifying commission of a Restricted Activity; however we do not need a specific reason to do so.
7. Disclaimer of Warranties
Family Proud® disclaims any liability regarding any actions resulting from your use of our Services or other features of our Website. You acknowledge and agree that your use of the Website and Services is at your own risk. Our Services and other features of our Website are provided “as is” and “as available”, and we expressly disclaim ALL express and implied warranties of any kind regarding our Website and Services, including but not limited to:
Fitness for a particular purpose or in accordance with your requirements or expectations;
Implied warranties of merchantability;
Lack of interruption of availability; or
Absolute security of information stored or transmitted to, from or within.
You further acknowledge and agree that any information or files downloaded or otherwise obtained via your use of our Website or Services is done at your own discretion and risk, and that you will be solely responsible for any damages to your computing device or your other personal property that results from acquiring such information or files.
If you are a patient or healthcare consumer, you should not use information found on our Website in place of the advice of your physician or other health care professional, and should not rely on information on our Website as professional medical advice. Always seek the advice of your physician or other qualified healthcare provider concerning questions you have regarding a medical condition, and before starting, stopping or modifying any treatment or medication. In the case of a health emergency, seek immediate assistance from emergency personnel. Never delay obtaining medical advice or disregard medical advice because of something you have or have not read on our Website.
8. Privacy Policy
For information regarding Family Proud®’s protection of Personal Information and privacy practices regarding such information, please review our current Privacy Policy, which is hereby incorporated by reference.
9. Indenity
You will indemnify and hold Company, its parents, subsidiaries, affiliates, officers, and employees harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) from any claim or demand made by any third party due to or arising out of your access to the Family Proud® Website, use of our Website, your violation of this Agreement, or the infringement by you or any third party using your account of any intellectual property or other right of any person or entity.
10. Limitation of Liability
We limit our liability to the fullest extent allowed by applicable law. With respect to this Agreement, the Family Proud® Website, or our Services, in no event shall Family Proud® be liable under any legal or equitable theory for any unintentional damage, any actual, incidental, or consequential damage, or for any loss or claim of any kind. Some jurisdictions do not allow us to have a broad limit on our liability. If you are dissatisfied with any portion of the terms of this Agreement, our Services or other features of our Website, your sole remedy is to stop using our Website, and if you are using any of our Services, cancel your subscription to our Services. Our total liability in any matter related to this Agreement or use of our Website is limited to the aggregate amount you paid us during the 12-month period preceding the event giving rise to the liability. If you live in one of those jurisdictions, some of these limitations may not apply to you.
11. Interactions with Third Parties
Our Website may contain links to third-party websites or services (“Third-Party Websites”) that are not owned or controlled by Family Proud®. When you access Third-Party Websites, you do so at your own risk. We have no control over, and assume no responsibility for, the content, accuracy, privacy policies, business practices, or opinions of any third party or Third-Party Websites. We will not and cannot monitor, verify, censor or edit the content of any Third-Party Website. By using our Website, you expressly relieve and hold harmless Family Proud® from any and all liability arising from your use of any Third-Party Website.
Your interactions with third parties via our Website are solely between you and such third parties. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Family Proud® shall not be responsible or liable for any loss or damage incurred as the result of any such interactions. If there is a that does not involve Family Proud® between you and another user of our Website, or between you and any third party, you understand and agree that we are under no obligation to become involved. In the event that you have a dispute with one or more other users or third parties, you hereby release Family Proud®, its officers, employees, agents, and successors in rights from claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
12. Termination, Suspension and Limitation of User Account and Access Privileges
This Agreement shall remain in full force and effect while you use our Services or other features of our Website. You may terminate your use of our Services at any time. We may also terminate or suspend your access to our Services and/or other features of our Website immediately, without prior notice or liability, if you breach any of the terms or conditions of this Agreement or of our Privacy Policy. Upon termination of your account, your right to access our Services will cease immediately. All provisions of this Agreement which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
13. Entire Agreement
These Terms of Service, including all rules, guidelines, and other documents incorporated herein by reference, comprise the entire Agreement between you and Family Proud® regarding your use of our Website, and supersede any prior express or implied agreements regarding your use of our Website.
14. Applicable Law and arbitration
If you have a dispute regarding this Agreement, the Family Proud® Website, or our Services, such dispute shall be governed by California law regardless of your country of origin or residence, or where you access our Website and Services. Any disputes shall be resolved by final and binding arbitration conducted in English, in San Diego, California, under the rules and auspices of the American Arbitration Association, to be held in San Diego, California, in English, with a written decision stating legal reasoning issued by the arbitrator(s) at either party's request. Arbitration costs and reasonable documented attorneys' costs of both parties shall be borne by the party that ultimately loses. Either party may obtain preliminary or permanent injunctive relief and orders to compel arbitration or enforce arbitral awards in any court of competent jurisdiction. Furthermore, you understand and agree that this Agreement waives the right to a trial by jury or to participate in a class action against Family Proud®.
15. Term for cause of action
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Agreement, the Family Proud® Website, or our Services must be filed within one (1) year after such claim or cause of action arose or be forever barred.
16. Notices
We may send notices regarding this Agreement to users of our Website for whom we have a physical address and/or e-mail address on file. We may also publish notices regarding amendments to our Terms of Service on our Website.
Please send written notices pertaining to this Agreement by email to: info@familyproud.com, or via mail to:
Family Proud®, Inc.
2031 Commercial St.
San Diego, California 92113
17. Assignment
As a unique user of our Website, you may not, without our written consent, assign or transfer any of your rights and obligations under this Agreement. There shall be no third-party beneficiaries to this Agreement. We reserve the right to assign or transfer our rights and obligations under this Agreement.
18. Amendments
We reserve the right to amend the terms of this Agreement, effective upon publication of such amended Terms of Service on our Website, or otherwise providing you notice of the amendment. If you do not want to agree to changes to the Agreement, you can terminate the Agreement at any time per Section 11 above. You are encouraged to check back often for updates and/or amendments to this Agreement.
19. Severability
If any portion of this Agreement is in violation of any law or is found to be otherwise unenforceable, the remainder of this Agreement shall remain in full force and effect.
20. Effective Date
This version of these Terms of Service went into effect July 1st, 2019. Last reviewed February 16th, 2022.
