Terms of Use

Last Updated on January 17, 2019. These terms and conditions are effective immediately for all viewers of this website, http://www.FamilyCareZone.com, and all subdomains operating under the domain http://FamilyCareZone.com (“FamilyCareZone”).

These terms and conditions (the "Terms") govern your access to and use of FamilyCareZone's websites, including user of all FamilyCareZone subdomains, which link to or reference these Terms ("Site"). By accessing or using the Site, you are agreeing to these Terms and concluding a legally binding contract with FamilyCareZone.com. Do not access or use the Site if you are unwilling or unable to be bound by the Terms.
 

  1. DEFINITIONS
    1. Parties

"You" and "your" refer to you, as a user of the Site. A "user" is someone who accesses, browses, crawls, scrapes, or in any way uses the Site. "We," "us," and "our" refers to FamilyCareZone.

    1. Content

"Content" means text, images, photos, audio, video, location data, and all other forms of data or communication. "Your Content" means Content that you submit or transmit to, through, or in connection with the Site, such as ratings, reviews, content posted using one of our online forms, and any information that you publicly display or displayed in your account profile. "User Content" means Content that users submit or transmit to, through, or in connection with the Site. "FamilyCareZone Content" means Content that we create and make available in connection with the Site. "Third Party Content" means Content that originates from parties other than FamilyCareZone or its users, which is made available in connection with the Site. "Site Content" means all of the Content that is made available in connection with the Site, including Your Content, User Content, Third Party Content, and FamilyCareZone Content.

    1. Content Guidelines

We allow users to contribute different kinds of content, including reviews, photos, events, votes, tips, private messages, and more. Please also read the guidelines below for specific types of content that you might contribute to the site.

Inappropriate content: We do not tolerate threats, harassment, lewdness, hate speech, and other displays of bigotry.

Conflicts of interest: Your contributions should be unbiased and objective. Do not write reviews for:

1) your own business,
2) your friend or relative’s business,
3) your employer’s business, or
4) your direct competitor’s business.

Promotional content: You are not allowed to post promotional content unless you are utilizing our classified or advertising service.

Relevance: FamilyCareZone is intended to help customers locate and become aware of quality businesses in their area. Your reviews or comments on employment practices, political ideologies, extraordinary circumstances, or other matters that don't address the core of the consumer experience are not considered relevant and may be deleted at our discretion.

Privacy: Do not publicize 1) other’s private information, 2) close-up photos, 3) full names (unless referring to a particular business that makes the operators’ names readily available).

Intellectual property: All content should be created from your own volition. You are liable for your own infringement of text, logos, images, or any intellectual property.

 

  1. CHANGES TO THE TERMS OF SERVICE

We may modify the Terms from time to time. The most current version of these Terms will be located here. You understand and agree your access to or use of the Site is governed by the Terms effective at the time of your access to or use of the Site. If we make material changes to these Terms, we will notify you by email or by posting a notice on the Site prior to the effective date of the changes at the top of the Terms page. We will also indicate at the top of this page the date that revisions were last made. You should revisit these Terms on a regular basis as revised versions will be binding on you. Any such modification will be effective upon our posting of new Terms. You understand and agree that your continued access to or use of the Site after the effective date of modifications to the Terms indicates your acceptance of the modifications.
 

  1. TRANSLATION

We may translate these Terms into other languages for your convenience. Nevertheless, the English version governs your relationship with FamilyCareZone, and any inconsistencies among the different versions will be resolved in favor of the English version.

  1. USING THE SITE
    1. Eligibility

To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into these Terms. Do not access or use the Site if:

1) You operate, work for, or are associated with a website that reviews businesses, or

2) We have previously banned you from the Site, or

3) We have previously closed your account.

    1. Permission to Use the Site

We grant you permission to use the Site subject to the restrictions in these Terms. Your use of the Site is at your own risk, including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.

    1. Site Availability

The Site may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.

    1. User Accounts

You must create an account and provide certain information about yourself in order to use some of the features that are offered through the Site. You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason.

Your account is for your personal, non-commercial use only. In creating it, we ask that you provide complete and accurate information about yourself to bolster your credibility as a contributor to the Site. Do not impersonate someone else (e.g., adopt the identity of a celebrity or your next-door neighbor), create or use an account for anyone other than yourself, provide an email address other than your own, or create multiple accounts. If you use a pseudonym, take care to note that others may still be able to identify you if, for example, you include identifying information in your reviews, use the same account information on other sites, or allow other sites to share information about you with FamilyCareZone. Please read our Privacy Policy for more information.

    1. Communications from FamilyCareZone and other Users

By creating an account, you agree to receive certain communications in connection with the Site. For example, you might receive messages from other Users. You may also receive an e-mail newsletter about various events in your locale or updates to the site. You can opt-out of non-essential communications by accessing your account profile.
 

  1. CONTENT
    1. Responsibility for Your Content

You alone are responsible for Your Content, and once published, it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of Your Content as described herein. Do not imply that Your Content is in any way sponsored or endorsed by FamilyCareZone.

You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.

    1. Our Right to Use Your Content

We may use Your Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms ("Other Media"). As such, you hereby irrevocably grant us world-wide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable rights to use Your Content for any purpose. Please note that you also irrevocably grant the users of the Site and any Other Media the right to access Your Content in connection with their use of the Site and any Other Media. Finally, you irrevocably waive, and cause to be waived, against FamilyCareZone and its users any claims and assertions of moral rights or attribution with respect to Your Content. By "use" we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of Your Content.

    1. Ownership

As between you and FamilyCareZone, you own Your Content. We own the FamilyCareZone Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, including, but not limited to, our compilation of User Content and other Site Content, computer code, products, aggregate user review ratings, and all other elements and components of the Site excluding Your Content, User Content and Third Party Content. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world ("IP Rights") associated with the FamilyCareZone Content and the Site, which are protected by copyright, trade dress, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, do not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the FamilyCareZone Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Site and the FamilyCareZone Content are retained by us.

    1. Advertising

FamilyCareZone and its licensees may publicly display advertisements and other information adjacent to or included with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.

    1. Content Feeds

We make some of the Site Content ("Feed Content") available via Real Simple Syndication and Atom feeds ("Feeds"). You may access and use the Feeds in order to display Feed Content on your personal computer, website, or blog ("Your Site"), provided that (i) your use of the Feeds is for personal, non-commercial purposes only, (ii) your display of the Feed Content links back to the relevant pages on FamilyCareZone's websites, and attributes FamilyCareZone as the source of the Feed Content, (iii) your use or display of the Feed Content does not suggest that FamilyCareZone promotes or endorses any third party causes, ideas, websites, products or services, including Your Site, (iv) you do not redistribute the Feed Content, and (v) your use of the Feeds does not overburden FamilyCareZone's systems. FamilyCareZone reserves all rights in the Feed Content and may terminate the Feeds at any time. If you have any additional questions concerning content syndication, please contact us.

    1. Other

User Content (including any that may have been created by users employed or contracted by FamilyCareZone) does not necessarily reflect the opinion of FamilyCareZone. We reserve the right to remove, screen, edit, or reinstate User Content from time to time at our sole discretion for any reason or no reason, and without notice to you. For example, we may remove a review if we believe it violates our website’s purposes. We have no obligation to retain or provide you with copies of Your Content, nor do we guarantee any confidentiality with respect to Your Content.
 

  1. RESTRICTIONS

We are under no obligation to enforce the Terms on your behalf against another user. While we encourage you to let us know if you believe another user has violated the Terms, we reserve the right to investigate and take appropriate action at our sole discretion.

    1. You agree not to, and will not assist, encourage, or enable others to use the Site to:
      1. Violate our Content Guidelines, for example, by writing a fake or defamatory review, trading reviews with other businesses, or compensating someone or being compensated to write or remove a review;
      2. Violate any third party's rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
      3. Threaten, stalk, harm, or harass others, or promote bigotry or discrimination;
      4. Promote a business or other commercial venture or event, or otherwise use the Site for commercial purposes, except in connection with a Business Account and as expressly permitted by FamilyCareZone;
      5. Send bulk emails, surveys, or other mass messaging, whether commercial in nature or not; engage in keyword spamming, or otherwise attempt to manipulate the Site's search results or any third party website;
      6. Solicit personal information from minors, or submit or transmit pornography; or
      7. Violate any applicable law.
    2. You also agree not to, and will not assist, encourage, or enable others to:
      1. Violate the Terms;
      2. Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Site or Site Content (other than Your Content), except as expressly authorized by FamilyCareZone;
      3. Use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of the Site or any Site Content;
      4. Reverse engineer any portion of the Site;
      5. Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Site or on any materials printed or copied from the Site;
      6. Record, process, or mine information about other users;
      7. Access, retrieve or index any portion of the Site for purposes of constructing or populating a searchable database of business reviews;
      8. Reformat or frame any portion of the Site;
      9. Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on FamilyCareZone's technology infrastructure or otherwise make excessive traffic demands of the Site;
      10. Attempt to gain unauthorized access to the Site, user accounts, computer systems or networks connected to the Site through hacking, password mining or any other means;
      11. Use the Site or any Site Content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, "Viruses");
      12. Use any device, software or routine that interferes with the proper working of the Site, or otherwise attempt to interfere with the proper working of the Site;
      13. Use the Site to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Site or Site Content; or
      14. Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of Site Content, or features that enforce limitations on the use of the Site.

The restrictions above only apply to the extent permissible under applicable law. Nevertheless, you agree not to act contrary to them (even if permissible under applicable law) without providing 30 days' prior written notice to us here, together with any information that we may reasonably require to give us an opportunity to provide alternative remedies or otherwise accommodate you at our sole discretion.

 

  1. GUIDELINES AND POLICIES
    1. Content Guidelines

You represent that you have read and understood our Content Guidelines.

    1. Privacy

You represent that you have read and understood our Privacy Policy. Note that we may disclose information about you to third parties if we have a good faith belief that such a disclosure is reasonably necessary to (i) take action regarding suspected illegal activities; (ii) enforce or apply our Terms and Privacy Policy; (iii) comply with legal process or other government inquiry, such as a search warrant, subpoena, statute, judicial proceeding, or other legal process served on us; or (iv) protect our rights, reputation, and property, or that of our users, affiliates, or the public. If you use the Site outside of the United States, you consent to having your personal data transferred to and processed in the United States.

    1. Copyright And Trademark Disputes

If you believe that your copyright or trademark is being infringed on the Site, please send us a written notice with the following information:

  1. Identification of the copyrighted or trademarked work that you claim has been infringed;
  2. Identification of the allegedly infringing content, and information reasonably sufficient to permit FamilyCareZone to locate it on the Site (e.g., the URL for the web page on which the content appears);
  3. A statement by you that you have a good faith belief that the use of the content identified in your notice in the manner complained of is not authorized by the copyright/trademark owner, its agent, or the law;
  4. A statement by you that you attest, under penalty of perjury, that the information in your notice is accurate and that you are the copyright/trademark owner or authorized to act on the owner's behalf; and
  5. Your physical or electronic signature, together with your contact information (address, telephone number and, if available, email address).

At the same time, we do not take kindly to those who abuse the scope of their own intellectual property rights. If you believe that your content should not have been removed for alleged copyright or trademark infringement, you may send us a written counter-notice with the following information:

  1. Identification of the copyrighted or trademarked work that was removed, and the location on the Site where it would have been found prior to its removal;
  2. A statement, under penalty of perjury, that you have a good faith belief that the content was removed as a result of a mistake or misidentification. For trademark disputes only: information reasonably sufficient to explain why you believe you are not infringing the trademarked work;
  3. A statement that you consent either to the jurisdiction of (a) the Federal District Court for the judicial district in which your address is located if you live in the United States, or (b) any judicial district in which FamilyCareZone is located if you live outside the United States. Please also include a statement that you will accept service of process from the person who sent the original infringement notice to FamilyCareZone, or an agent of such person;
  4. Your physical or electronic signature, together with your contact information (address, telephone number and, if available, email address).

We will respond to all such notices and comply with applicable law. We reserve the right to remove content alleged to be infringing without prior notice and at our sole discretion. We also reserve the right to terminate a user's account if the user is determined to be a repeat infringer.

Per Digital Millennium Copyright Act (17 USC §§512, 1201–1332), we are obligated to list the name, address, telephone number, e-mail address, and other contact information of the person designated by the company to received notices for all copyright infringement claims or claims under 17 USC §512(c). You can send us your copyright or trademark notices in the following ways.

By mail:

FamilyCareZone

P.O Box 881002

San Diego, CA 92168

 

    1. Event Terms

 

1. Translations

 

Any inconsistencies among the different versions will be resolved in favor of this English version. Similarly, any inconsistencies between these Event Terms and the Terms of Service will be resolved in favor of the Event Terms.

 

2. Qualifications

 

 You represent that (a) you are at least 21 years old (or otherwise over the legal drinking age in your jurisdiction), (b) you have the requisite power and authority to enter into these Event Terms, and (c) you have read and understood these Event Terms as well as FamilyCareZones's Terms of Service and Content Guidelines.

 

3. Photos

 

By participating or attending any event linked to on FamilyCareZone, you agree that you may appear in some of these photos and videos, and you authorize their use in this fashion. On the flip side, if you take any photos or videos of attendees at a event and provide them to us, you authorize us to use them in the same fashion, and represent that the attendees that appear in your photos and videos have also consented to such use.

 

We do not control Non-FamilyCareZone Events or the people that organize them. Organizers or attendees of non-FamilyCareZone events may take photos or shoot videos which may appear online at some point. By attending one of these events you authorize FamilyCareZone to utilize these images.

 

4. ASSUMPTION OF RISK / RELEASE OF LIABILITY / INDEMNITY

 

 (a) Assumption of Risk. You agree to carefully consider the inherent risks in any activities that you choose to take part in and to take reasonable precautions before you choose to attend or participate at any event linked to through FamilyCareZone. You should ensure that you are in good physical health before engaging in any physical activity at any event, and you should always drink responsibly given the risks associated with drunk driving and participating in activities while your judgment is impaired. Second, please note that FamilyCareZone does not organize events and has no say in who may attend these events. These other guests may present additional risk to you which is outside of our control.  

 

In sum, you understand that your attendance and participation in any event represented or linked to by FamilyCareZone is voluntary, and you agree to assume responsibility for any resulting injuries to the fullest extent permitted under applicable law.

 

By using this site, you agree that FamilyCareZone is not responsible for any injuries or accidents that you might sustain at Non-FamilyCareZone Events listed on the FamilyCareZone site.

 

(b) Release of Liability. You (for yourself, your heirs, personal representatives, or assigns, and anyone else who might make a claim on your behalf) hereby release, waive, discharge and covenant not to sue FamilyCareZone and its respective affiliates, officers, directors, partners, shareholders, members, agents, employees, vendors, sponsors, and volunteers from any and all claims, demands, causes of action, damages, losses or expenses (including court costs and reasonable attorneys fees) which may arise out of, result from, or relate in any way to your attendance at any event linked to by this website, except, of course, for any gross negligence or willful misconduct by FamilyCareZone.

 

(c) Indemnity. By the same token, you agree to indemnify and hold FamilyCareZone, its parents, subsidiaries, affiliates, officers, directors, employees, agents and representatives harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party due to, related to, or connected with your attendance or conduct at any event.

 

5. Choice of Law and Venue

 

California law will govern these Event Terms, as well as any claim, cause of action or dispute that might arise between you and FamilyCareZone (a "Claim"), without regard to conflict of law provisions. FOR ANY CLAIM BROUGHT BY EITHER PARTY, YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE STATE AND FEDERAL COURTS LOCATED WITHIN SAN DIEGO COUNTY, CALIFORNIA.

 

6. General Terms

 

 You agree that you will not represent yourself as an employee, representative, or agent of FamilyCareZone (unless, of course, you are actually employed by FamilyCareZone, in which case these Event Terms will govern your participation in any event to the extent such Terms are not inconsistent with FamilyCareZone's standard employment agreements or policies). Any failure on FamilyCareZone's part to exercise or enforce any right or provision of the Event Terms does not constitute a waiver of such right or provision. If any provision of the Event Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Event Terms shall otherwise remain in full force and effect and enforceable.

 

7. Unofficial FamilyCareZone Events

 

From time to time, members of the FamilyCareZone community may organize their own meet-ups and events. Although FamilyCareZone representatives may attend these events from time-to-time, these events are not sponsored or endorsed by FamilyCareZone, even when they are promoted on the FamilyCareZone website. If you organize aan event, you agree to (a) promote it as such, and (b) not create the impression that it is sponsored or endorsed by FamilyCareZone. All terms and conditions relating to FamilyCareZone events apply equally to events that you sponsor through the FamilyCareZone website.

 

  1. FAMILYCAREZONE DEALS AND FAMILYCAREZONE ADVERTISING

If you purchase any advertising on FamilyCareZone, the terms of your purchase will be governed by the FamilyCareZone Advertising Purchase Terms indicated below. Please review them before you make each purchase since they may change from time to time. FamilyCareZone Advertising Purchase Terms indicated below prevail over any conflicting terms located on the FamilyCareZone website.

 

1. FamilyCareZone’s Advertising Purchase Terms

 

a. Restrictions

 

Unless otherwise set forth or required under applicable law the following additional restrictions apply:

No Resale Right: Do not resell advertising you have purchased from us.

Advertising Credit Voiding Procedure: If you violate these restrictions your advertising credits may become void.

Minimum Rights: You must be 18 years old to purchase advertising on this website.

Refund Right: FamilyCareZone may void classified or advertising credit at any time by refunding the holder the amount paid less any value already received through redemption

 

b. No Warranties

 

FAMILYCAREZONE MAKES NO WARRANTIES AS TO THE MERCHANTS OR SERVICE PROVIDERS REPRESENTED ON OUR WEBSITE OR THE PRODUCTS OR SERVICES THAT THE MERCHANT OFFERS. FAMILYCAREZONE DISCLAIMS ALL WARRANTIES OF QUALITY, SAFETY, USABILITY, MERCHANTABILITY OR FITNESS OF ANY UNDERLYING PRODUCT OR SERVICE REDEEMED BY YOU IN CONNECTION WITH YOUR USE OF FAMILYCAREZONE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY A FAMILYCAREZONE REPRESENTATIVE WILL CREATE A WARRANTY.

 

c. No Liability

 

YOU ACKNOWLEDGE AND AGREE THAT THE MERCHANT OR SERVICE PROVIDER, AND NOT FAMILYCAREZONE, IS RESPONSIBLE FOR ALL PRODUCTS AND SERVICES THAT YOU MAY RECEIVE FROM THEIR WEBSITES OR THE LOCATIONS WHERE THEY CONDUCT BUSINESS. AS SUCH, TO THE EXTENT PERMITTED UNDER THE LAW, YOU RELEASE FAMILYCAREZONE FROM ANY AND ALL CLAIMS OR LIABILITY RELATED TO ANY PRODUCTS OR SERVICES RECEIVED FROM ANY MERCHANTS OR SERVICE PROVIDERS OTHER THAN FAMILYCAREZONE. TO THE EXTENT PERMITTED UNDER THE LAW, YOU AGREE TO BRING ALL CLAIMS, CAUSES OF ACTION OR DISPUTES ARISING FROM YOUR CONTACT WITH A SERVICE PROVIDER OR MERCHANT OTHER THAN FAMILY CARE ZONE AGAINST THAT MERCHANT OR SERVICE PROVIDER, AND NOT FAMILYCAREZONE.

 

NEITHER YOU NOR FAMILYCAREZONE WILL BE LIABLE TO THE OTHER FOR ANY INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM ANY CONTACT OR RELATIONSHIP THAT YOU MAY DEVELOP WITH A MERCHANT OR SERVICE PROVIDER LINKED TO OR REPRESENTED IN ANY WAY BY FAMILYCAREZONE. IN ADDITION, NEITHER YOU NOR FAMILYCAREZONE WILL BE LIABLE TO THE OTHER IN THE AGGREGATE FOR ANY DAMAGES HEREUNDER, REGARDLESS OF FORM, IN EXCESS OF ANY AMOUNTS PAID TO FAMILYCAREZONE.

 

d. Indemnification

 

You agree to defend, indemnify and hold harmless FamilyCareZone, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of or related to (i) your breach of the Terms, (ii) your use and access to FamilyCareZone’s website., and (iii) any products or services for which you purchase through the FamilyCareZone website. This defense and indemnification obligation will survive these Consumer Terms and your use of FamilyCareZone’s websites, mobile applications, and other services. For your reference, FamilyCareZone’s use is governed by the Terms of Service posted at http://www.FamilyCareZone.com/terms-of-service.

 

e. Choice of Law and Arbitration

Any claim, controversy, cause of action or dispute that might arise between you and FamilyCareZone ("Claim") will be exclusively governed by California law consistent with the Federal Arbitration Act without regard to conflict of law provisions or giving effect to any principles that may provide for the application of the laws of another jurisdiction. You agree that any subpoena, third-party discovery request, or other third-party process directed to FamilyCareZone must issue from, or be domesticated by, the state or federal courts located within San Diego County, California.

 

All Claims must be exclusively and finally resolved and settled by final and binding arbitration administered by and in accordance with the rules of the American Arbitration Association (“AAA”) before a single arbitrator who is a member of the AAA. Arbitrations will be held in San Diego, California, but the parties may choose for themselves whether to appear in person, by phone, or through the submission of documents. The arbitrator will issue a ruling in writing, and will detail all findings of fact and law upon which the ruling was made. The arbitrator will not have the power to commit errors of law or legal reasoning, and the ruling may be vacated or corrected on appeal to a court of competent jurisdiction for such errors. The arbitrator’s ruling will otherwise be final and binding on all parties, and may be entered in any court of competent jurisdiction. NOTWITHSTANDING THE FOREGOING, FOR ANY CLAIM WHICH IS NOT SUBJECT TO ARBITRATION OR ANY DISPUTE AS TO THE ENFORCEABILITY OF THIS ARBITRATION PROVISION OR ITS APPLICABILITY TO A SPECIFIC CLAIM, YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE STATE AND FEDERAL COURTS LOCATED WITHIN SAN DIEGO COUNTY, CALIFORNIA.

 

THE TERMS AND CONDITIONS MUST BE CONSTRUED AS IF THEY WERE JOINTLY WRITTEN BY BOTH PARTIES. YOU AND FAMILYCAREZONE AGREE THAT EACH MAY BRING OR PARTICIPATE IN CLAIMS AGAINST THE OTHER ONLY IN THEIR RESPECTIVE INDIVIDUAL CAPACITIES, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. UNLESS BOTH YOU AND FAMILYCAREZONE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. IF A CLAIM IMPLICATES THIS SUBSECTION (C), AND THIS SUBSECTION (C) IS FOUND TO BE INVALID, UNENFORCEABLE OR ILLEGAL BY A COURT, SUCH CLAIM MUST BE ADJUDICATED BY A COURT AND NOT BY AN ARBITRATOR.

 

Notwithstanding anything to the contrary in the Terms, FamilyCareZone may apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

 

8. Miscellaneous

 

The Terms comprise the entire agreement between you and FamilyCareZone relating to your use of this website, superseding all prior or contemporaneous written and oral agreements, representations or negotiations.

 

The final determination that any provision of the Terms is invalid or unenforceable will not invalidate the terms as a whole, and the Consumer Terms will be construed and performed in all respects as if such invalid or unenforceable provisions were omitted to the extent of such invalidity or unenforceability. Any invalid or unenforceable provisions will be replaced by mutually acceptable, valid and enforceable provisions that most closely reflect the intention of the parties underlying the invalid or unenforceable provisions.

 

Any purchase made through FamilyCareZone is subject to these Terms, and the Terms relating to purchases are in effect at the time of your purchase. You should read the applicable Terms in their entirety each time you purchase anything from this website.

 

 

  1. SUGGESTIONS AND IMPROVEMENTS

By sending us any ideas, suggestions, documents or proposals ("Feedback"), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against FamilyCareZone and its users any claims and assertions of any moral rights contained in such Feedback.

 

  1. THIRD PARTIES

The Site may include links to other websites or applications (each, a "Third Party Site"). We do not control or endorse any Third Party Site. You agree that we are not responsible for the availability or contents of such Third Party Sites. Your use of Third Party Sites is at your own risk.

 

Some of the services made available through the Site may be subject to additional third party or open source licensing terms and disclosures. Some of these terms and disclosures include:

Site mapping features are powered by Google Inc., the use of which is also governed by the terms of use located at http://maps.google.com/help/terms_maps.html (or such other URL as may be updated by Google Inc.).

 

Some of the Site's mapping features are powered by Microsoft Bing Maps, the use of which is also governed by the terms of use located at http://www.microsoft.com/maps/assets/docs/terms.aspx#11. Microsoft Corporation's privacy policy can be found here: http://privacy.microsoft.com/en-us/fullnotice.aspx

 

If you use an Apple mobile device (including but not limited to iPhone, iPad and iTouch) with the FamilyCareZone services, you agree to the following terms and conditions to the extent they apply to your use of the Apple mobile device:

  1. Scope of License: The license granted to you for the Licensed Application is a limited non-transferable license to use the Licensed Application on any iPhone or iPod touch that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service.

 

  1. Support: Third parties are not responsible for any maintenance, support, intellectual property or warranty claims for the Licensed Application. You acknowledge that iTunes has no obligation whatsoever to furnish any maintenance and support services with respect to any third-party licensed Product.

 

  1. U.S Government Embargo: You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country.

 

  1. Third Party Beneficiaries: You acknowledge and agree that iTunes, Apple, and Apple's subsidiaries, are third party beneficiaries of the Licensed Application End User License Agreement or any other end-user license agreement for any licensed Product, and that, upon Your acceptance of the terms and conditions of such license, iTunes will have the right (and will be deemed to have accepted the right) to enforce such license against You as a third party beneficiary thereof.

 

  1. If you use a Palm mobile device with the FamilyCareZone services or applications, you agree to the following terms and conditions to the extent they apply to your use of the Palm mobile device:

 

You acknowledge and agree that Palm, Inc. is a direct and intended third party beneficiary of this License Agreement, and that Palm, Inc. will have the right (and will be deemed to have accepted the right) to enforce such License Agreement against you as a third party beneficiary thereof.


 

  1. INDEMNITY

You agree to indemnify, defend, and hold FamilyCareZone, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them (collectively, the "FamilyCareZone Entities") harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to (i) your access to or use of the Site, (ii) your violation of the Terms, (iii) any products or services purchased or obtained by you in connection with the Site, or (iv) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. FamilyCareZone reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of FamilyCareZone. FamilyCareZone will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

 

  1. DISCLAIMERS AND LIMITATIONS OF LIABILITY

PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF THE FAMILYCAREZONE TO YOU. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED. IF YOU ARE UNSURE ABOUT THIS OR ANY OTHER SECTION OF THESE TERMS, PLEASE CONSULT WITH A LEGAL PROFESSIONAL PRIOR TO ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS, INCLUDING THIS SECTION. YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THESE TERMS.

    1. THE SITE IS MADE AVAILABLE TO YOU ON AN "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE" BASIS, WITH THE EXPRESS UNDERSTANDING THAT THE FAMILYCAREZONE ENTITIES MAY NOT MONITOR, CONTROL, OR VET USER CONTENT. AS SUCH, YOUR USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK. THE FAMILYCAREZONE ENTITIES MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE SITE, ITS SAFETY OR SECURITY, OR THE SITE CONTENT. ACCORDINGLY, THE FAMILYCAREZONE ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE SITE'S INOPERABILITY, UNAVAILABILITY OR SECURITY VULNERABILITIES OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE BUSINESS LISTINGS, RATINGS, REVIEWS (INCLUDING THEIR CONTENT, ORDER, AND DISPLAY), OR METRICS FOUND ON, USED ON, OR MADE AVAILABLE THROUGH THE SITE.
    2. THE FAMILYCAREZONE ENTITIES MAKE NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, SUCH AS THE BUSINESSES OR ADVERTISERS LISTED ON THE SITE OR THE SITE'S USERS. ACCORDINGLY, THE FAMILYCAREZONE ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS OR OMISSIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER USER OR BUSINESS MISUSES YOUR CONTENT, IDENTITY OR PERSONAL INFORMATION, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE BUSINESSES OR ADVERTISERS LISTED OR FEATURED ON THE SITE. YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SITE IS AT YOUR OWN DISCRETION AND RISK.
    3. THE FAMILYCAREZONE ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES AS TO THE PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE SITE, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED TO YOU BY A REPRESENTATIVE OF ONE OF THE FAMILYCAREZONE ENTITIES SHALL CREATE A REPRESENTATION OR WARRANTY.
    4. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SITE, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SITE.
    5. THE FAMILYCAREZONE ENTITIES' MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SITE OR THESE TERMS IS LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO THE FAMILYCAREZONE ENTITIES IN CONNECTION WITH THE SITE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (ii) $100.
    6. THE FAMILYCAREZONE ENTITIES DISCLAIM LIABILITY FOR ANY (i) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (ii) LOSS OF PROFITS, (iii) BUSINESS INTERRUPTION, (iv) REPUTATIONAL HARM, OR (v) LOSS OF INFORMATION OR DATA.
  1. CHOICE OF LAW AND VENUE

California law will govern these Terms, as well as any claim, cause of action or dispute that might arise between you and FamilyCareZone (a "Claim"), without regard to conflict of law provisions. FOR ANY CLAIM BROUGHT BY EITHER PARTY, YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE STATE AND FEDERAL COURTS LOCATED WITHIN SAN DIEGO COUNTY, CALIFORNIA.

 

  1. TERMINATION
    1. You may terminate the Terms at any time by closing your account, discontinuing your use of the Site, and providing FamilyCareZone with a notice of termination here. Please review our Privacy Policy for information about what we do with your account when terminated.
    2. We may close your account, suspend your ability to use certain portions of the Site, and/or ban you altogether from the Site for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing your account, the Site, Your Content, Site Content, or any other related information.
    3. In the event of any termination of these Terms, whether by you or us, Sections 1, 5, 6, 10 - 14 will continue in full force and effect, including our right to use Your Content as detailed in Section 5.
  2. GENERAL TERMS
    1. We reserve the right to modify, update, or discontinue the Site at our sole discretion, at any time, for any or no reason, and without notice or liability.
    2. We may provide you with notices, including those regarding changes to the Terms by email, regular mail or communications through the Site.
    3. Except as otherwise stated in Section 10 above, nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.
    4. The Terms contain the entire agreement between you and us regarding the use of the Site, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.
    5. Any failure on FamilyCareZone's part to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
    6. If any provision of the Terms is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties' intention or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.
    7. The Terms, and any rights or obligations hereunder, are not assignable, transferable or sublicensable by you except with FamilyCareZone's prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void.
    8. The section titles in the Terms are for convenience only and have no legal or contractual effect.

 

 

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