BY USING THE PLATFORM, YOU ACKNOWLEDGE AND AGREE TO OUR SAFETY NOTICE, DISCLAIMER, AND RELEASE. PLEASE REVIEW IT CAREFULLY. DO NOT ATTEMPT ANY ACTIVITIES, PROCESSES, OR TECHNIQUES DISCUSSED OR DEPICTED WITHIN THE CONTENT OF THE PLATFORM WITHOUT CONSULTATION WITH AND SUPERVISION BY YOUR MEDICAL PROFESSIONAL.
If you are using the Platform on behalf of a company, entity, or organization, you represent and warrant that you are an authorized representative of such company, entity, or organization with the authority to bind it to this Agreement.
IF YOU HAVE NOT READ THE AGREEMENT, DO NOT UNDERSTAND OR AGREE TO BE BOUND BY THE AGREEMENT, OR ARE NOT ABLE TO CONSENT TO BE BOUND BY THE AGREEMENT (E.G., IF YOU ARE NOT OLD ENOUGH TO ENTER INTO A BINDING LEGAL CONTRACT), DO NOT USE THE PLATFORM.
Table of Contents
- 1. Accounts
- 2. Access Rights and Restrictions
- 3. Terms and Conditions of App Platforms
- 4. Communications
- 5. Payments, Credits, and Refunds
- 6. Subscription Terms
- 7. Content and Behavior Rules
- 8. Copyright Infringement Complaints
- 9. The Family Hope Center’s Rights to Content You Post
- 10. Using The Family Hope Center Platform at Your Own Risk
- 11. Ownership and Intellectual Property
- 12. Disclaimers
- 13. Limitation of Liability and Limitation of Claims
- 14. Indemnification
- 15. Notices
- 16. Relationship Between Us
- 17. No Assignment
- 18. Sanctions and Export Laws
- 19. Governing Law and Jurisdiction
- 20. Dispute Resolution
- 21. Binding Agreement
- 22. Modifications of the Platform and Updating the Agreement
- 23. How to Contact Us
You need an account, with a login name and a password, for most activities on The Family Hope Center Platform. When setting up and maintaining your account, you must provide and continue to provide accurate and complete information, including a valid email address. You have complete responsibility for your account and everything that happens on your account, including for any harm or damage (to us or anyone else) caused by someone using your account without your permission. This means you need to be careful with your password. You may not share your account login credentials with anyone else and you may not transfer your account to someone else or use someone else’s account. If you suspect someone else is using your account, let us know by contacting our Support Team. If you contact us to request access to an account, we will not grant you such access unless you can provide us with the information that we need to prove you are the owner of that account. In the event of the death of an End User, the account of that End User will be closed.
You must be at least 18 years of age to create an account. If you are younger than 18 but above the required age for consent to use online services where you live, you may not set up an account, but we encourage you to invite a parent or guardian to open an account and help you access content that is appropriate for you. If you are below this age of consent to use online services, you may not create a The Family Hope Center account. If we discover that you have created an account that violates these rules, we will terminate your account.
2. Access Rights and Restrictions
Subject to the terms and conditions of the Agreement, The Family Hope Center grants you a limited, non-exclusive, non-transferable license to access and view the content for which you have paid all required fees, solely for your personal, non-commercial, educational purposes through the Platform, in accordance with the Agreement and any conditions or restrictions associated with the particular content or feature of our Platform, including the terms of any applicable Subscription Plan. All other uses are expressly prohibited.
You may not do any of the following while accessing or using the Platform:
reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, sublicense, or otherwise transfer or use any content or feature of the Platform, unless we give you explicit permission to do so in a written agreement signed by an authorized representative of The Family Hope Center;
access, tamper with, or use non-public areas of the Platform (including content storage), The Family Hope Center’s computer systems, or the technical delivery systems of The Family Hope Center’s service providers;
disable, interfere with, or try to circumvent any of the features of the Platform related to security or probe, scan, or test the vulnerability of any of our systems;
copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code of or content on the Platform;
access or search, or attempt to access or search, our Platform by any means (automated or otherwise) other than through our currently available search functionalities;
scrape, spider, use a robot, or use other automated means of any kind to access the Platform;
in any way use the Platform to send altered, deceptive, or false source-identifying information (such as sending email communications falsely appearing as The Family Hope Center);
remove or modify any proprietary notice or labels on the Platform, or related materials, including author attribution and copyright notices, or use any of our trademarks, including in connection with search engine optimization;
impersonate or misrepresent your affiliation with any person or entity;
interfere with or disrupt, or attempt to interfere with or disrupt, the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Platform, or in any other manner interfering with or creating an undue burden on the Platform; or
post any content to the Platform that: (i) includes any profane, obscene, defamatory, discriminatory, threatening, menacing, harassing, or violent content; (ii) depicts or suggests nudity or sexual acts; (iii) promotes hatred, including against members of a protected group under federal, state, or local law (such as, for example, a group defined by race, gender, or national origin); (iv) is objectively shocking or disgusting; (v) depicts or suggests presently occurring illegal activity, including, e.g., illicit drug use or underage drinking; (vi) includes unlicensed proprietary content of a third party, including, e.g., third-party content protected by copyright or trademark for which you do not have a license; (vii) breaches any duty of confidentiality you may have to a third party (e.g., discloses private information about a third party without consent); or (viii) is contrary to the Agreement, including any of our rules and policies.
We reserve the right to revoke any license to access and use the Platform, or any content or feature of the Platform, at any point in time, including in the event you violate any of the above restrictions or other terms of the Agreement or where we decide or are obligated to disable access to content or a feature due to legal or policy reasons.
3. Terms and Conditions of App Platforms
You acknowledge and agree that the availability of the App is dependent on the third-party app platform from which you received the App, e.g., the Apple App Store® or the Google Play® Store (“App Platform”). You acknowledge that this Agreement is between you and The Family Hope Center, and not with the App Platform provider, and the App Platform provider is not responsible for the App, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance, or intellectual property infringement). You agree to pay all fees charged by the App Platform provider in connection with the App. Each App Platform may have its own terms and conditions to which you must agree before downloading the App from it. You agree to comply with, and your license to use the App is conditioned upon your compliance with, all applicable agreements, terms, and conditions of use/service, and other policies of the applicable App Platform. You acknowledge that the App Platform provider (and its subsidiaries) is a third-party beneficiary of this Agreement and will have the right to enforce this Agreement.
3.2 Apple App Store Terms
The following additional terms apply to the App as accessed through or downloaded from Apple’s iTunes® or App Store® (“App Store-Sourced Mobile App”):
(2.a) You acknowledge and agree that (1) this Agreement is concluded between you and us only, and not Apple, and (2) we, not Apple, are solely responsible for the App Store-Sourced Mobile App and content thereof. The license granted to you in this Agreement to use the App Store-Sourced Mobile App is a non-transferable right to use the App Store-Sourced Mobile App on any Apple Device that you own or control, and only as permitted by the Usage Rules set forth in the App Store Terms of Service.
(2.b) You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store-Sourced Mobile App.
(2.c) In the event of any failure of the App Store-Sourced Mobile App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store-Sourced Mobile App, if any, to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store-Sourced Mobile App. As between The Family Hope Center and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of The Family Hope Center.
(2.d) You and we acknowledge that, as between The Family Hope Center and Apple, Apple is not responsible for addressing any claims you have or any claims of any third-party relating to the App Store-Sourced Mobile App or your possession and use of the App Store-Sourced Mobile App, including, but not limited to: (1) product liability claims; (2) any claim that the App Store-Sourced Mobile App fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation.
(2.e) You and we acknowledge that, in the event of any third-party claim that the App Store-Sourced Mobile App or your possession and use of that App Store-Sourced Mobile App infringes that third-party’s intellectual property rights, as between The Family Hope Center and Apple, we, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement.
(2.f) You and we acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Agreement as related to your license of the App Store-Sourced Mobile App, and that, upon your acceptance of the terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement as related to your license of the App Store-Sourced Mobile App against you as a third-party beneficiary thereof.
(2.g) Without limiting any other terms of this Agreement, you must comply with all applicable third-party terms of agreement when using the App Store-Sourced Mobile App.
You agree that we, our affiliated companies, and necessary third-party service providers and those acting on our behalf may send you operational and informational text (SMS) messages about your use of the Platform at the mobile phone number you provide us. We may also send marketing or other promotional messages to the extent that you have provided the appropriate opt-in consent. Messages from us may include, but are not limited to: operational communications concerning your End User account or use of the Platform, updates concerning new and existing features of the Platform, communications concerning promotions run by us or our third-party partners, and news concerning The Family Hope Center. Standard text messaging charges applied by mobile phone carrier will apply to text messages we send. Your agreement to receive promotional texts is not a condition of any purchase or service offered by us. If you change or deactivate the phone number you provide to us, you must update your account information to help prevent us from inadvertently communicating with anyone who acquires your old number. You agree that texts, calls, or prerecorded messages may be generated by automatic telephone dialing systems.
You may opt out of receiving text messages from us at any time by replying STOP to any text message from us. If you opt-out of receiving all text messages from us, you will not be able to use certain features of the Platform without agreeing to receive operational text messages. You may continue to receive text messages for a short period while we process your request, and you may also receive text messages confirming the receipt of your opt-out request.
When you install an App on your mobile device you agree to receive push notifications, which are messages an app sends you on your mobile device even when the app is not on. You can turn off notifications by adjusting your mobile device’s “settings.”
You agree that we may send you emails concerning our products and services, as well as those of third parties. You may opt-out of promotional emails by following the unsubscribe instructions in a promotional email.
5. Payments, Credits, and Refunds
We will use commercially reasonable efforts to publish accurate pricing information for items for purchase through the Platform. Please note that, in some instances, the price of an item offered on a Website may not be exactly the same as the price offered on an App, due to mobile platform providers’ pricing systems and their policies around implementing sales and promotions.
We occasionally run promotions and sales, during which certain items are available at discounted prices for a set period of time. Any and all terms, conditions, and restrictions applicable to such promotions and sales, such as be limited only to new End Users, are within our discretion. The price applicable to the item will be the price at the time you complete your purchase of the item (at checkout). Any price offered for a particular item may also be different when you are logged into your account from the price available to End Users who aren’t registered or logged in, because some of our promotions are available only to new End Users.
If you are logged into your account, the listed currency you see is based on your location when you created your account. If you are not logged into your account, the price currency is based on the country where you are located. We do not enable End Users to see pricing in other currencies.
If you are located in a country where use and sales tax, goods and services tax, or value added tax is applicable to consumer sales, we are responsible for collecting and remitting that tax to the proper tax authorities. Depending on your location, the price you see may include such taxes, or tax may be added at checkout.
When you make a payment, you agree to use a valid payment method. You agree to pay the fees for items that you purchase, and you authorize us to charge your debit or credit card or process other means of payment for those fees. The Family Hope Center works with payment service providers to offer you the most convenient payment methods in your country and to keep your payment information secure. We may update your payment methods using information provided by our payment service providers.
When you make a purchase, you agree not to use an invalid or unauthorized payment method. If your payment method fails and you still get access to the item you purchased, you agree to pay us the corresponding fees within thirty (30) days of notification from us. We reserve the right to disable access to any item for which we have not received adequate payment.
5.3 Refunds and Refund Credits
If the item you purchased is not what you were expecting, you can request, within 30 days of your purchase of the item, that The Family Hope Center apply a refund to your account. This refund option does not apply to Subscription Plan purchases, which are covered in detail below. We reserve the right to apply your refund as a refund credit or a refund to your original payment method, at our discretion, depending on capabilities of our payment service providers, the portion of the Platform from which you made your purchase (e.g., Website or App), and other factors. No refund is due to you if you request it after the 30-day guarantee time limit has passed. However, if the item you previously purchased is disabled for legal or policy reasons, you may be entitled to a refund beyond this 30-day limit. The Family Hope Center also reserves the right to refund End Users beyond the 30-day limit in cases of suspected or confirmed account fraud, or otherwise in our discretion.
If we decide to issue refund credits to your account, they will be automatically applied towards your next purchase on a Website, but can’t be used for purchases in our Apps. Refund credits may expire if not used within the specified period and have no cash value, in each case unless otherwise required by applicable law.
At our discretion, if we believe you are abusing our refund policy, such as if you’ve consumed a significant portion of the items that you want to refund or if you’ve previously refunded the item, we reserve the right to deny your refund, restrict you from other future refunds, ban your account, and/or restrict all future use of the Platform. If we ban your account or disable your access to an item due to your violation of the Agreement, you will not be eligible to receive a refund.
5.4 Gift and Promotional Codes
The Family Hope Center or our partners may offer gift and promotional codes. Certain codes may be redeemed for gift or promotional credits applied to your The Family Hope Center account, which then may be used to purchase eligible items on our Platform, subject to the terms included with your codes. Other codes may be directly redeemable for specific items.
These codes and credits, as well as any promotional value linked to them, may expire if not used within the period specified in your The Family Hope Center account. Gift and promotional codes offered by The Family Hope Center may not be refunded for cash, unless otherwise specified in the terms included with your codes or as required by applicable law. Gift and promotional codes offered by a partner are subject to that partner’s refund policies. If you have multiple saved credit amounts, The Family Hope Center may determine which of your credits to apply to your purchase. Check out our Websites and any terms included with your codes for more details, or contact our Support Team with any questions.
6. Subscription Terms
This section covers additional terms that apply to your use of our subscription-based content and features (“Subscription Plans”). By using a Subscription Plan, you agree to the additional terms in this section.
6.1 Subscription Plans
From time to time, we may offer paid Subscription Plans that permit you to access additional content and features of the Platform. The scope, features, price, and other details of each Subscription Plan are provided within the Platform. You may not transfer, assign, or share your subscription with anyone else.
We reserve the right to modify or revoke any Subscription Plan, including for legal or policy reasons, at any time and at our sole discretion, such as if we no longer have the right to offer the content or features through a Subscription Plan.
6.2 Account Management
You may cancel your subscription to any Subscription Plan by following the steps outlined in the applicable place on the Platform. If you cancel your subscription to a Subscription Plan, your access to that Subscription Plan will automatically end on the last day of your billing period. On cancellation, you will not be entitled to receive a refund or credit of any fees already paid for your subscription, unless otherwise required by applicable law. For clarity, cancellation of a subscription does not terminate your account for non-subscription access to The Family Hope Center Platform.
6.3 Free Trials & Renewals
Your subscription may start with a free trial. The duration of the free trial period of your subscription will be specified during sign-up. The Family Hope Center determines free trial eligibility at our sole discretion and may limit eligibility or duration. We reserve the right to terminate the free trial and suspend your subscription if we determine that you aren’t eligible.
We will charge the subscription fee for your next billing cycle at the end of the free trial period. Your subscription will automatically renew according to your subscription settings (e.g., monthly or annually) unless you cancel your subscription prior to the end of the free trial period. For more information on how to view applicable fees and dates of your free trial period, please contact our Support Team.
6.4 Payments and Billing
The subscription fee will be listed at the time of your purchase. You can contact our Support Team to learn more about where to find the fees and dates applicable to your subscription. We may also be required to add taxes to your subscription fee as described in the “Payments, Credits, and Refunds” section above. Payments are non-refundable and there are no refunds or credits for partially used periods, unless otherwise required by applicable law. Depending on where you are located, you may qualify for a refund.
To subscribe to a Subscription Plan, you must provide a payment method. By subscribing to a Subscription Plan and providing your billing information during checkout, you grant us and our payment service providers the right to process payment for the then-applicable fees via the payment method we have on record for you. At the end of each subscription term, we will automatically renew your subscription for the same length of term and process your payment method for payment of the then-applicable fees.
In the event that we update your payment method using information provided by our payment service providers (as described in the “Payments, Credits, and Refunds” section above), you authorize us to continue to charge the then-applicable fees to your updated payment method.
If we are unable to process payment through the payment method we have on file for you, or if you file a chargeback disputing charges made to your payment method and the chargeback is granted, we may suspend or terminate your subscription.
We reserve the right to change our Subscription Plans or adjust pricing for our Subscription Plans at our sole discretion. Any price changes or changes to your subscription will take effect following notice to you, except as otherwise required by applicable law.
6.5 Subscription Disclaimers
We make no guarantees as to the availability of any specific content or feature in any Subscription Plan or as to any minimum amount of content or features in any Subscription Plan. At any point in the future, we reserve the right to offer or cease to offer additional features to any Subscription Plan, or to otherwise modify or terminate a Subscription Plan at our sole discretion.
7. Content and Behavior Rules
You may only use The Family Hope Center Platform for lawful purposes. To the extent that the Platform permits you to post any content to it, you are responsible for such content. You should keep any reviews, questions, posts, and other content you upload in line with the law, and respect the intellectual property rights of others. We may ban your account for repeated or major offenses.
You may not access or use the Platform or create an account for unlawful purposes. Your use of the Platform and behavior on our Platform must comply with applicable local or national laws or regulations of your country. You are solely responsible for the knowledge of and compliance with such laws and regulations that are applicable to you.
If we are put on notice that any content you post to the Platform may violate the law or the rights of others (for example, if it may violate intellectual property or privacy rights of others, or is about an illegal activity) or if we believe your content or behavior is unlawful, inappropriate, or objectionable (for example if you impersonate someone else), we may remove your content from our Platform.
The Family Hope Center has discretion in enforcing the Agreement, including our rules and policies. We may restrict or terminate your permission to use our Platform or ban your account at any time, with or without notice, for any or no reason, including for any violation of the Agreement, if you fail to pay any fees when due, for fraudulent chargeback requests, upon the request of law enforcement or government agencies, for extended periods of inactivity, for unexpected technical issues or problems, if we suspect that you engage in fraudulent or illegal activities, or for any other reason in our sole discretion. Upon any such termination, we may delete your account and content, and we may prevent you from further access to the Platform. Your content may still be available on the Platform even if your account is terminated or suspended. You agree that we will have no liability to you or any third party for termination of your account, removal of your content, or blocking of your access to our Platforms.
8. Copyright Infringement Complaints
The Family Hope Center seeks to respect intellectual property and comply with applicable laws. If you believe a work protected by copyright that you own has been published on the Platform without authorization, you may notify our copyright agent, providing the following information:
- a physical or electronic signature of the person authorized to act on behalf of the copyright owner;
- identification of the copyright work claimed to have been infringed;
- a detailed description of the material you claim is infringing, together with information sufficient to enable us to locate it, including the URL or other description of where the infringing material appears;
- your name, mailing address, telephone number, and e-mail address;
- a statement by you that you believe in good faith that the material identified on the Platform is being used in a manner that is not authorized by the copyright owner, its agent, or the law; and
- a statement by you that the above information is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of the copyright allegedly infringed.
To notify The Family Hope Center of a claimed copyright infringement, please contact:
The Family Hope Center
Attn: Copyright Complaint
2490 Boulevard of the Generals #250
Norristown, PA 19403
9. The Family Hope Center’s Rights to Content You Post
You retain ownership of content you post to our Platform. We’re allowed to share your content to anyone through any media, including promoting it via advertising on other websites. By posting content, you allow and authorize The Family Hope Center (and our affiliates, suppliers, partners, agents, and sublicensees) to reuse and share it but you retain any ownership rights you may have in your content.
When you post content, comments, questions, reviews, and when you submit to us ideas and suggestions for new content, features or improvements, you authorize The Family Hope Center (and our affiliates, suppliers, partners, agents, and sublicensees) to use and share these items with anyone, distribute these items and promote these items on any platform and in any media, and to make modifications or edits to them as we see fit.
By submitting or posting content on or through the Platform, you grant us a worldwide, non-exclusive, royalty-free, transferrable, sublicensable license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute your content (including your name and image) in any and all media or distribution methods (existing now or later developed). This includes making your content available to other companies, organizations, or individuals who partner with The Family Hope Center for the syndication, broadcast, distribution, or publication of content on other media, as well as using your content for marketing purposes. You also waive any rights of privacy, publicity, or other rights of a similar nature applicable to all these uses, to the extent permissible under applicable law. You represent and warrant that you have all the rights, power, and authority necessary to authorize us to use any content that you submit. You also agree to all such uses of your content with no compensation paid to you.
10. Using The Family Hope Center Platform at Your Own Risk
Other End Users may use The Family Hope Center Platform to create and publish content. The Platform also permits End Users to interact with each other, including for teaching and learning. Like other platforms where people can post content and interact, some things can go wrong, and you use The Family Hope Center Platform at your own risk.
As a platform model that permits End Users to post content directly, we do not review or edit all content for legal issues, and we are not in a position to determine the legality of all content. WE ALSO DO NOT GUARANTEE IN ANY MANNER THE RELIABILITY, VALIDITY, ACCURACY, OR TRUTHFULNESS OF THE CONTENT ON THE PLATFORM. IF YOU ACCESS CONTENT, YOU RELY ON ANY INFORMATION PROVIDED AT YOUR OWN RISK.
By using the Platform, you may be exposed to content that you consider offensive, indecent, or objectionable. The Family Hope Center has no responsibility to keep such content from you and no liability for your access to such content, to the extent permissible under applicable law. This also applies to any content relating to health, wellness, and physical exercise. YOU ACKNOWLEDGE THE INHERENT RISKS AND DANGERS IN THE STRENUOUS NATURE OF THESE TYPES OF CONTENT, AND BY ACCESSING SUCH CONTENT YOU CHOOSE TO ASSUME THOSE RISKS VOLUNTARILY, INCLUDING RISK OF ILLNESS, BODILY INJURY, DISABILITY, OR DEATH. YOU ASSUME FULL RESPONSIBILITY FOR THE CHOICES YOU MAKE BEFORE, DURING, AND AFTER YOUR ACCESS TO THE CONTENT.
When you interact directly with other End Users, you must be careful about the types of personal information that you share. We do not control what End Users do with the information they obtain from other End Users on the Platform. If you do not feel safe or comfortable doing so, you should not share with other End Users your email or other personal information about you.
To the fullest extent of applicable law, we disclaim any and all responsibility and liability for any interactions involved between and among End Users. We are not responsible or liable for disputes, claims, losses, injuries, or damage of any kind that might arise out of or relate to the conduct of other End Users.
When you use our Platform, you will find links to other websites and online services that we don’t own or control. Unless expressly stated to the contrary, such links do not constitute an affiliation with or endorsement by The Family Hope Center of any such third-party websites or services. You acknowledge that The Family Hope Center is providing any links to such links and online services to you solely as a convenience to you, and you agree that we are not responsible for the content, features, or any other aspect of these third-party sites and services, including their collection of information about you, nor for any injury, harm, damages, or negative experience you may encounter by accessing, visiting, or using such websites and services. Please read the terms and conditions and privacy policies applicable to such third-party sites.
11. Ownership and Intellectual Property
The Family Hope Center and its licensors own the content and features of the Platform. The content and features of the Platform are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing gives you a right to use The Family Hope Center name or any of The Family Hope Center trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding The Family Hope Center or the Platform is provided entirely voluntarily, without any obligation of confidentiality or non-use, and we will be free to use such feedback, comments, or suggestions, or not, as we see fit and without any obligation to you.
It may happen that our Platform is down, either for planned maintenance or because something goes down. It may happen that another End User’s content makes misleading statements. It may also happen that we encounter security issues. These are just examples. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE, ACCEPT, AND AGREE THAT YOU WILL NOT HAVE ANY RECOURSE AGAINST US IN ANY OF THESE TYPES OF CASES WHERE THINGS DON’T WORK OUT RIGHT. THE PLATFORM AND ALL CONTENT AND FEATURES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE (AND OUR AFFILIATES, LICENSORS, SUPPLIERS, PARTNERS, AGENTS, SUCCESSORS, AND ASSIGNS) MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY, LACK OF ERRORS, OR ACCURACY OF THE PLATFORM OR ITS CONTENT OR FEATURES, AND EXPRESSLY DISCLAIM ANY WARRANTIES OR CONDITIONS (EXPRESS OR IMPLIED), INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE (AND OUR AFFILIATES, LICENSORS, SUPPLIERS, PARTNERS, AGENTS, SUCCESSORS, AND ASSIGNS) MAKE NO WARRANTY THAT YOU WILL OBTAIN SPECIFIC RESULTS FROM USE OF THE PLATFORM. YOUR USE OF THE PLATFORM (INCLUDING ANY CONTENT OR FEATURES INCLUDED THEREIN) IS ENTIRELY AT YOUR OWN RISK. SOME JURISDICTIONS DON’T ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
WE MAY DECIDE TO CEASE MAKING AVAILABLE CERTAIN CONTENT OR FEATURES OF THE PLATFORM AT ANY TIME AND FOR ANY REASON. UNDER NO CIRCUMSTANCES WILL THE FAMILY HOPE CENTER OR ITS AFFILIATES, LICENSORS, SUPPLIERS, PARTNERS, AGENTS, SUCCESSORS, OR ASSIGNS BE HELD LIABLE FOR ANY DAMAGES DUE TO SUCH INTERRUPTIONS OR LACK OF AVAILABILITY OF SUCH CONTENT OR FEATURES.
WE ARE NOT RESPONSIBLE FOR DELAY OR FAILURE OF PERFORMANCE OF THE PLATFORM CAUSED BY EVENTS BEYOND OUR REASONABLE CONTROL, LIKE AN ACT OF WAR, HOSTILITY, OR SABOTAGE; NATURAL DISASTER; ELECTRICAL, INTERNET, OR TELECOMMUNICATION OUTAGE; OR GOVERNMENT RESTRICTIONS.
BY USING THE PLATFORM, YOU ACKNOWLEDGE AND AGREE TO OUR SAFETY NOTICE, DISCLAIMER, AND RELEASE. FOR THE AVOIDANCE OF DOUBT, THE PLATFORM IS NOT INTENDED TO OFFER MEDICAL ADVICE OR TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE, AS SUCH. ANY INFORMATION ACCESSED THROUGH THE PLATFORM IS FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY, IS NOT INTENDED TO BE A SUBSTITUTE FOR MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT, AND IS NOT INTENDED TO COVER ALL POSSIBLE USES, DIRECTIONS, PRECAUTIONS, OR ADVERSE EFFECTS OF ANY PRODUCTS REFERRED TO OR DISCUSSED THEREIN. ALWAYS CONSULT YOUR DOCTOR OR OTHER QUALIFIED HEALTH CARE PROVIDER IF YOU HAVE ANY QUESTIONS ABOUT A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THE PLATFORM.
13. Limitation of Liability and Limitation of Claims
THERE ARE RISKS INHERENT TO USING OUR PLATFORM, FOR EXAMPLE, IF YOU ACCESS HEALTH AND WELLNESS CONTENT LIKE YOGA, AND YOU INJURE YOURSELF. YOU FULLY ACCEPT THESE RISKS AND YOU AGREE THAT YOU WILL HAVE NO RECOURSE TO SEEK DAMAGES AGAINST US (AND OUR AFFILIATES, LICENSORS, SUPPLIERS, PARTNERS, AGENTS, SUCCESSORS, AND ASSIGNS) EVEN IF YOU SUFFER LOSS OR DAMAGE FROM USING OUR PLATFORM.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE (AND OUR AFFILIATES, LICENSORS, SUPPLIERS, PARTNERS, AGENTS, SUCCESSORS, AND ASSIGNS) WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, OR BUSINESS OPPORTUNITIES, OR PERSONAL INJURY OR DEATH), WHETHER ARISING IN CONTRACT, WARRANTY, TORT, PRODUCT LIABILITY, OR OTHERWISE, AND EVEN IF WE’VE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES IN ADVANCE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR LIABILITY (AND THE LIABILITY OF EACH OF OUR AFFILIATES, LICENSORS, SUPPLIERS, PARTNERS, AGENTS, SUCCESSORS, AND ASSIGNS) TO YOU OR ANY THIRD PARTIES UNDER ANY CIRCUMSTANCE RELATING TO THE PLATFORM OR THIS AGREEMENT IS LIMITED TO THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO YOUR CLAIMS.
SOME JURISDICTIONS DON’T ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
NO ACTION, REGARDLESS OF FORM, ARISING OUT OF OR RELATING TO THIS AGREEMENT MAY BE BROUGHT BY EITHER PARTY MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION HAS ACCRUED, EXCEPT WHERE THIS LIMITATION CANNOT BE IMPOSED BY LAW.
If you behave in a way that gets us in legal trouble, we may exercise legal recourse against you. You agree to indemnify, defend (if we so request), and hold harmless The Family Hope Center, our affiliates, and its and their owners, members, officers, directors, employees, licensors, suppliers, partners, agents, successors, and assigns from an against any third-party claims, causes of action, complaints, demands, losses, damages, fines, penalties, assessments, costs, and expenses (including reasonable attorney fees), of any and all kinds, arising from (a) the content you post or submit, (b) your use of the Platform (c) your violation of the Agreement, or (d) your violation of any rights of a third party. Your indemnification obligation will survive the termination of this Agreement and your use of the Platform.
Any notice or other communication to be given hereunder will be in writing and given by registered or certified mail return receipt requested, or email (by us to the email associated with your account or by you to firstname.lastname@example.org).
16. Relationship Between Us
You and we agree that our relationship is one of independent contractors and that no joint venture, partnership, employment, or agency relationship exists between us.
17. No Assignment
You may not assign or transfer this Agreement (or the rights and licenses granted under them). For example, if you registered an account as an employee of a company, your account cannot be transferred to another employee. We may assign this Agreement (or the rights and licenses granted under them) to another company or person without restriction. Except with respect to your indemnification and defense obligations of third-party indemnitees, nothing in this Agreement confers any right, benefit, or remedy on any third-party person or entity. You agree that your account is non-transferable and that all rights to your account and other rights under this Agreement terminate upon your death.
18. Sanctions and Export Laws
You warrant that you (as an individual or as a representative of any entity on whose behalf you use the Platform) aren’t located in, or a resident of, any country that is subject to applicable U.S. trade sanctions or embargoes (such as Cuba, Iran, North Korea, Russia, Sudan, Syria, or the Crimea and other disputed regions of Ukraine). You also warrant that you aren’t a person or entity who is named on any U.S. government specially designated national or denied-party list.
If you become subject to such a restriction during the term of any agreement with The Family Hope Center, you will notify us within 24 hours, and we will have the right to terminate any further obligations to you, effective immediately and with no further liability to you (but without prejudice to your outstanding obligations to The Family Hope Center).
Access to and use of our Platform are unauthorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation this provision. You may not access, use, export, re-export, divert, transfer or disclose any portion of the Platform or any related technical information or materials, directly or indirectly, in violation of any United States and other applicable country export control and trade sanctions laws, rules and regulations. You agree not to upload any content or technology (including information on encryption) whose export is specifically controlled under such laws.
19. Governing Law and Jurisdiction
This Agreement is governed by the laws of the Commonwealth of Pennsylvania, USA without reference to its choice or conflicts of law principles. In cases where the “Dispute Resolution” section below doesn’t apply to you, you consent to the exclusive jurisdiction and venue of federal and state courts located in or that have jurisdiction over Norristown, Pennsylvania, USA.
20. Dispute Resolution
If there’s a dispute, our Support Team is happy to help resolve the issue. If that doesn’t work and you live in the United States or Canada, your options are to go to small claims court or bring a claim in binding arbitration; YOU MAY NOT BRING THAT CLAIM IN ANOTHER COURT OR PARTICIPATE IN A NON-INDIVIDUAL CLASS ACTION CLAIM AGAINST US.
This “Dispute Resolution” section applies only if you live in the United States or Canada. Most disputes can be resolved, so before bringing a formal legal case, please first try contacting our Support Team.
20.1 Small Claims
Either of us may bring a claim in small claims court in (a) San Francisco, California, (b) the county where you live, or (c) another place we both agree on, as long as it qualifies to be brought in that court.
20.2 Going to Arbitration
If you and we can’t resolve our dispute amicably, you and The Family Hope Center agree to resolve any claims related to this Agreement (or our other legal terms) through final and binding arbitration, regardless of the type of claim or legal theory. If one of us brings a claim in court that should be arbitrated and the other party refuses to arbitrate it, the other party can ask a court to force us both to go to arbitration (compel arbitration). Either of us can also ask a court to halt a court proceeding while an arbitration proceeding is ongoing.
20.3 The Arbitration Process
Any disputes that involve a claim of less than $10,000 USD must be resolved exclusively through binding non-appearance-based arbitration. A party electing arbitration must initiate proceedings by filing an arbitration demand with the American Arbitration Association (AAA). The arbitration proceedings shall be governed by the AAA Commercial Arbitration Rules, Consumer Due Process Protocol, and Supplementary Procedures for Resolution of Consumer-Related Disputes. You and we agree that the following rules will apply to the proceedings: (a) the arbitration will be conducted by telephone, online, or based solely on written submissions (at the choice of the party seeking relief); (b) the arbitration must not involve any personal appearance by the parties or witnesses (unless we and you agree otherwise); and (c) any judgment on the arbitrator’s rendered award may be entered in any court with competent jurisdiction. Disputes that involve a claim of more than $10,000 USD must be resolved per the AAA’s rules about whether the arbitration hearing has to be in-person.
20.4 No Class Actions
We both agree that we may each only bring claims against the other on an individual basis. This means: (a) neither of us may bring a claim as a plaintiff or class member in a class action, consolidated action, or representative action; (b) an arbitrator may not combine multiple people’s claims into a single case (or preside over any consolidated, class, or representative action); and (c) an arbitrator’s decision or award in one person’s case may only impact that End User, not other End Users, and may not be used to decide other End Users’ disputes. If a court decides that this “No class actions” clause isn’t enforceable or valid, then this “Dispute Resolution” section will be null and void, but the rest of the Agreement will still apply.
Notwithstanding the “Modifications of the Platform and Updating the Agreement” section below, if The Family Hope Center changes this “Dispute Resolution” section after the date you last indicated acceptance to this Agreement, you may reject any such change by providing The Family Hope Center written notice of such rejection by mail or hand delivery to The Family Hope Center Attn: Legal, 2490 Boulevard of the Generals #250 Norristown, PA 19403, or by email from the email address associated with your Account to email@example.com, within 30 days of the date such change became effective, as indicated by the “last updated on” language above. To be effective, the notice must include your full name and clearly indicate your intent to reject changes to this “Dispute Resolution” section. By rejecting changes, you are agreeing that you will arbitrate any dispute between you and The Family Hope Center in accordance with the provisions of this “Dispute Resolution” section as of the date you last indicated acceptance to the Agreement.
21. Binding Agreement
As stated above, you agree that by accessing or using any portion of the Platform, you are agreeing to enter into a legally binding contract with The Family Hope Center. If you do not agree to the Agreement, do not register, access, or otherwise use any of portion of the Platform.
If you are accepting the Agreement and using our Platform on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so.
Any version of this Agreement in a language other than English is provided for convenience and you understand and agree that the English language will control if there is any conflict.
If any part of the Agreement is found to be invalid or unenforceable by applicable law, then that provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement will continue in effect.
Even if we are delayed in exercising our rights or fail to exercise a right in one case, it doesn’t mean we waive our rights under the Agreement, and we may decide to enforce them in the future. If we decide to waive any of our rights in a particular instance, it doesn’t mean we waive our rights generally or in the future.
The following sections shall survive the expiration or termination of these Terms: 3 (Terms and Conditions of App Platforms), 6.5 (Subscription Disclaimers), 9 (The Family Hope Center’s Rights to Content You Post), 10 (Using The Family Hope Center Platform at Your Own Risk), 11 (Ownership and Intellectual Property), 12 (Disclaimers), 13 (Limitation of Liability and Limitation of Claims), 14 (Indemnification), 15 (Notices), 16 (Relationship Between Us), 17 (No Assignment), 18 (Sanctions and Export Laws), 19 (Governing Law and Jurisdiction), 20 (Dispute Resolution), 21 (Binding Agreement), and 22 (Modifications of the Platform and Updating the Agreement).
22. Modifications of the Platform and Updating the Agreement
The specific features and functionality of the Platform are dynamic and may change from time to time. We reserve complete discretion with respect to the operation of the Platform. We also reserve the right to withdraw, suspend, or discontinue any functionality or feature of the Platform at any time.
From time to time, we may update the Agreement to clarify our practices or to reflect new or different practices (such as when we add new features), and The Family Hope Center reserves the right in its sole discretion to modify and/or make changes to the Agreement at any time. If we make any material change, we will notify you using prominent means, such as by email notice sent to the email address specified in your account or by posting a notice through our Platform. Modifications will become effective on the day they are posted unless stated otherwise.
Your continued use of our Platform after changes become effective shall mean that you accept those changes. Any revised terms and conditions shall supersede all previous terms and conditions.
23. How to Contact Us
The best way to get in touch with us is to contact our Support Team. We’d love to hear your questions, concerns, and feedback about our Platform.