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1. Description of Service. WholeFamily.com (the "Web
Site") is a service offered by WholeFamily Center,
Inc. and its affiliates (collectively, "WholeFamily")
designed to let you and others (collectively, "Users")
access and participate in a forum dedicated to family matters
(the "Service"), INCLUDING SENSITIVE AND
CONFIDENTIAL INFORMATION ABOUT YOURSELF OR OTHERS. WHOLEFAMILY
MAKES NO WARRANTY OR REPRESENTATION REGARDING THE SECURITY
STANDARDS UTILIZED TO TRANSMIT SUCH INFORMATION AND CANNOT
GUARANTEE THE CONFIDENTIALITY OR INTEGRITY OF THE TRANSMISSIONS.
YOU UNDERSTAND THAT YOUR COMMUNICATION WITH WHOLEFAMILY WILL
BE STORED BY WHOLEFAMILY OR WHOLEFAMILY.COM FOR LATER ACCESS
AND MAY BE SHARED WITH THIRD PARTIES FOR ADMNISTRATIVE, RESEARCH,
AND MARKETING PURPOSES WITHOUT IDENTIFYING YOU AS THE SOURCE
OF THE INFORMATION.
ALTHOUGH WHOLEFAMILY.COM UTILIZES HEALTH OR MENTAL CARE PROFESSIONALS
TO RESPOND TO CERTAIN INQUIRIES, THESE PROFESSIONALS ARE NOT
AND DO NOT ACT IN THE CAPACITY OF YOUR PROVIDERS, AND THE
ADVICE THEY GIVE IS GENERAL. THE INFORMATION YOU AND WHOLEFAMILY
SHARE WILL NOT BE PROTECTED BY APPLICABLE LAW GOVERNING PRIVILEGED
RELATIONSHIPS. IF YOU REQUIRE ADVICE SPECIFIC TO YOUR SITUATION,
YOU UNDERSTAND THAT YOU MUST CONSULT YOUR OWN HEALTH OR MENTAL
CARE PROVIDER.
2. Password and Access to the Service. You will be
assigned a password to access certain restricted areas of
the Content (defined in Section 3) which you will maintain
as private and confidential information. You are responsible
for all use of the Service accessed through your password.
You warrant that you are not a "minor" as defined
by applicable law. This Service is not made available to minors
under the age of 13. You acknowledge that areas accessible
on or through the Web Site or Service may contain material
unsuitable for a minor. If you are a parent or guardian, you
agree to supervise usage of the Service by, and be fully responsible
for, any minor whom you permit to use the Service, and you
will defend, indemnify, and hold WholeFamily harmless from
and against any and all claims, liability or expenses arising
out of your minor's use of the Web Site or Service.
3. Intellectual Property Rights. All text, software
(including source and object codes), visual, oral or other
digital material, advice, counseling, information, data, and
all other content of any description available on the Web
Site or included in the Service (collectively, the "Content"),
and all world-wide copyrights, trade marks, service marks,
patents, patent registration rights, trade secrets, know-how,
database rights, and all other rights in or relating to the
Content (collectively, the "Intellectual Property")
are owned by WholeFamily or its licensors. You may only use
the Content, Service, or Intellectual Property or access the
Web Site as expressly permitted in this Agreement and for
no other purposes.
4. Grants of Licenses. (a) You irrevocably grant
WholeFamily and its assigns a nonexclusive, royalty-free,
world-wide and perpetual license to copy, display, disseminate,
publish, translate, modify, reformat, or create derivative
works from anything you publish or post on the Web Site
("your information") or to combine
your information with other material. (b) WholeFamily
grants you a personal, nonexclusive, nonassignable and
nontransferable license to use and display the Content
on any machine(s) of which you are the primary User,
and to copy or download Content solely for your own
non-commercial use. No other hard copy or electronic
duplication, transmission, redistribution, or publication
of any Content is allowed, and you may not use or include
any content in any other print or electronic publication
or service. You will not alter or remove any trademark,
copyright or other notice from any copies of the Content.
Your violation of the foregoing may result in civil
and/or criminal liability. You may not sublicense, assign
or transfer this license. Requests regarding use of
the Service or Content for any purpose other than your
personal, non-commercial use should be directed to toby@wholefamily.com.
Questions regarding copyright infringement should be
directed to our legal dept. at legal@wholefamily.com.
5. Member Conduct. You are solely responsible for
your information and warrant that you have all legal rights
and licenses necessary for you to comply with Section 4(a).
In connection with the Services and Content, you will not:
(a) act in an unwanted or offensive manner toward another
User; (b) use the Service for political, commercial or advertising
purposes; (c) harm or exploit minors in any way, which includes
requesting personal or other information; (d) post, submit
or otherwise do anything with the Service, Content, or Web
Site that is unlawful, harmful, tortious, defamatory, profane,
obscene, libelous, hateful or offensive to the average User;
(e) act in a racially, ethnically, or otherwise objectionable
manner; (f) collect or store personal data of any other User;
(g) post or reference pornographic materials (whether in visual,
textual, or audio format); (h) discuss, incite or otherwise
solicit illegal activity; or (i) violate or infringe upon
the proprietary or other rights of any individual or third
party.
6. Linking. If you operate a web site and wish
to link to the Service, you may link only to the WholeFamily
home page on the Web Site and not to any other portion
of the Service. WholeFamily reserves the right to reject
or terminate any links to the Service at any time and
for any reason. WholeFamily has not reviewed every site
linked to the Service and is not liable for any off-site
pages or links to any other sites. Inquires regarding
linking to WholeFamily should be directed to busdev@wholefamily.com.
7. User Material and Information. (a) WholeFamily
retains exclusive ownership of all data, material, or other
information regarding Users of the Service, including demographic
data, information about personal preferences and any other
material provided by Users. No third party may use such material
without WholeFamily's specific prior written consent. (b)
If you are accessing the Web Site or using the Service within
the boundaries of aEuropean Union member state, you agree
that (i) for the purposes of the Data Protection Act(s) 1994
or 1998 (as applicable), you acknowledge that in the course
of registering and using this Web Site, certain personal informaiton
por data about you will be captured electronically or otherwise
and transmitted to WholeFamily. You expressly agree to transfer
such personal information to WholeFamily to use, store and
process the personal information for the purposes of providing
the service offered on this Web Site, or any affiliated web
sites. (ii) for the purposes of the Data Protection Act(s)
1984 abd 1998 (as applicable), you further agree that WhooleFamily
may send your personal data outside of the European Economic
Area for processing. (iii) you may revoke the consents given
in this subparapgraph (b) by giving notice to WholeFamily
at webmaster@wholefamily.com.
In those circumstances you must exit the Web site and will
have no further rights to access the Web Site or use the Service.
8. Unsolicited Materials. WholeFamily does not accept
unsolicited materials or ideas for use or publication, except
in connection with message boards, chat rooms and other portions
of the Service specifically inviting User content. WholeFamily
shall not be responsible for the similarity of any of its
content or programming in any media to materials or ideas
transmitted to the Service or Content.
9. Authorized Third Parties. WholeFamily reserves
the right to allow third parties to provide any necessary
services to WholeFamily and/or to Users to enable WholeFamily
to provide the Service.
10. Indemnity. You agree to defend, indemnify and
hold harmless WholeFamily, including its officers, agents,
affiliates, employees, licensors, and service providers, from
any and all claims, liability, and expenses, including attorneys'
fees, whether in tort, contract, or otherwise, relating to
or arising out of your breach of any term or warranty in this
Agreement, applicable law, or any right of WholeFamily or
any third party.
11. LIMITATION OF LIABILITY. WHOLEFAMILY CANNOT AND
DOES NOT MONITOR ALL MATERIAL POSTED OR TRANSMITTED BY USERS
OR OTHER THIRD PARTIES. WHOLEFAMILY MAKES NO WARRANTIES OR
REPRESENTATIONS AS TO THE ACCURACY, TRUTHFULNESS, USEFULNESS,
EFFECTIVENESS, RELIABILITY OR SECURITY OF THE SERVICE OR CONTENT
AND ASSUMES NO LIABILITY OR RESPONSIBILITY THEREFOR. WHOLEFAMILY
RESERVES THE RIGHT TO DELETE ANY OF YOUR INFORMATION OR OTHER
MATERIALS THAT IT DEEMS, IN ITS SOLE DISCRETION AND REGARDLESS
OF WHETHER IT VIOLATES APPLICABLE LAW, TO VIOLATE THIS AGREEMENT
OR ANYBODY'S RIGHTS OR TO BE UNACCEPTABLE FOR ANY REASON.
WHOLEFAMILY WILL FULLY COOPERATE WITH LAW ENFORCEMENT AUTHORITIES
AND LEGAL PROCEEDINGS REQUIRING WHOLEFAMILY TO DISCLOSE THE
IDENTITY OF USERS.
12. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY AGREE
THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE
AND CONTENT ARE AVAILABLE STRICTLY ON AN "AS IS"
BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT
OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE OR OTHERWISE, OTHER THAN THOSE WARRANTIES
WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION,
OR MODIFICATION UNDER APPLICABLE LAW. NEITHER WHOLEFAMILY
NOR ANY OF ITS LICENSORS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING
OUT OF OR RELATED TO THE SERVICE, WEB SITE, CONTENT OR THIRD
PARTY MATERIALS THEREIN INCLUDING, WITHOUT LIMITATION, RELATING
TO COMPUTER VIRUSES OR YOUR USE OR INABILITY TO USE THE SERVICE
OR CONTENT; ANY ERRORS, OMISSIONS OR DEFECTS IN THE SERVICE
OR CONTENT; OR LOSSES FROM INTERRUPTION, TERMINATION OR FAILED
OPERATION OF THE SERVICE; OR ANY BREACHES OF SECURITY WITH
RESPECT TO ANY OF YOUR STORED INFORMATION.
13. Choice of Law. This Agreement shall for all purposes
be governed, interpreted, construed and enforced solely and
exclusively in accordance with the law of the state of DELAWARE,
USA, without regard to conflicts of law provisions thereof.
You agree that the courts located in DELAWARE, USA, shall
constitute the sole and exclusive forum for the resolution
of any and all disputes arising out of or in connection with
this Agreement. You hereby consent to the jurisdiction of
such courts and irrevocably waive any objections thereto,
including on grounds of forum non conveniens, regardless of
the location from which you access the Service.
14. Severability and Survival. If any provision of
this Agreement is determined to be invalid, all other provisions
shall remain in full force and effect. The provisions of Sections
3, 4, 10, 11 and 12 shall survive any termination of this
Agreement.
15. Modification. WholeFamily may modify or assign
this Agreement at any time. Notification of discontinuance
or changes to this Agreement may be posted on the Web Site,
or sent via e-mail or postal mail. Your continued use of the
Service after the posting of any amendment to the Agreement
shall constitute your agreement to be bound thereby. WholeFamily
may modify, suspend, discontinue, delete, or restrict the
use of any portion of the Content at any time without notice
or liability. WholeFamily may deny access to any person or
User at any time for any reason.
16. Merger. This Agreement constitutes the entire
and final agreement between you and WholeFamily relating to
the Service and Web Site and any modifications thereof, and
supersedes all other communications and agreements with respect
to its subject matter.
17. ACCEPTANCE OF TERMS. YOU UNDERSTAND THAT, IF YOU
ARE DISSATISFIED WITH THE SERVICE OR CONTENT, YOUR SOLE AND
EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE. YOU
CONFIRM YOUR AGREEMENT TO VOLUNTARILY USE THE SERVICE AND
ACCESS THE CONTENT SUBJECT TO THE TERMS AND CONDITIONS OF
THIS AGREEMENT BY CLICKING THE "I ACCEPT" BUTTON
BELOW.
IF YOU DO NOT AGREE TO THE TERMS STATED ABOVE, PLEASE EXIT
THIS SITE.
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