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Terms & Conditions
REGISTRANTS

Welcome to FamilyID Inc. ("FamilyID"). These General Terms of Service ("Terms of Service" or "Terms") govern your use of the web site www.familyid.com, including all related domains and sub-domains and all services provided or received thereby (collectively, the "Services"). FamilyID may change these terms from time to time. You can review the most current version of the Terms of Service at www.familyid.com/terms-of-service#registrants.

By accessing and using the Services, you agree to be bound by these Terms. If you do not agree with these Terms, do not use the Services. If you have questions, please contact us at info@familyid.com.

Privacy Policy

Your privacy is very important to us. Your Registration Data (which is defined below) and certain other information about you and your family members are subject to these Terms and our Privacy Policy. You can read the Privacy Policy at www.familyid.com/privacy.

USER ACCOUNT, PASSWORD AND SECURITY

When you register with FamilyID (and in registering, you become a "Registrant"), you will select your own unique user name and password. You are responsible for protecting your user name and password, and for use of the Service through your password. Please notify FamilyID immediately if you become aware of any unauthorized use of your password or account or any other breach of security.

USER REGISTRATION OBLIGATIONS

You represent that you are at least 18 years old, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into and will comply with the Terms of Service, and that you are not a person barred from using the Services under the laws of the United States or other applicable jurisdiction. In any case, you affirm that you are at least 13 years old. You also agree to: (a) provide accurate and complete information about yourself or your family members, as prompted by the Service's registration form (the "Registration Data"), and (b) maintain and promptly update the Registration Data to keep it accurate and complete.

USER CONDUCT

You understand that you are responsible for all information, including Registration Data, text, photographs, video, audio, messages, comments or the like ("User Information") that you post on the Service. For example, you are responsible for all registration or enrollment information that you provide to camps, schools, athletic teams or other programs ("Program Providers") through the Service. FamilyID has no liability for any User Information that is posted on or transmitted through the Service. To ensure that your User Information is accurate, you should review and update it periodically.

You agree that the FamilyID Services are being provided to you for your personal use, and you will not use the Services for any business purposes nor will use the Services in violation of law or take any actions that would harm or infringe the rights of any one else. While FamilyID does not generally pre-screen User Information, it does reserve the right to pre-screen, refuse, or remove any User Information that it reasonably believes violate these Terms of Service or is otherwise objectionable.

FamilyID must reserve the right to access, preserve and disclose your account information and User Information if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process or claims or third parties; (ii) enforce the Terms of Service; (iii) respond to your requests for customer service; or (v) protect FamilyID or its users.

DEALINGS WITH THIRD PARTIES

You are responsible for any registration, enrollment, correspondence or other business dealings with Program Providers, advertisers or other third parties through the Services. FamilyID shall not be responsible for any problems or damage that result from these activities.

As you know, the primary purpose of the Service is to help Registrants connect with Program Providers. FamilyID is not responsible for any Program Provider, and their participation in the Service does not constitute an endorsement of such organization by FamilyID. Further, if you register with a Program Provider via the Service, you will be subject to the registration terms required by the Program Provider. FamilyID is not a party to any agreement or arrangement between you and a Program Provider, and shall have no liability with respect to any such arrangement.

OWNERSHIP OF USER INFORMATION

You retain full ownership of your User Information. However, by submitting User Information to FamilyID, you grant FamilyID a perpetual, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, display, transfer and distribute (i) the User Information solely in connection with its provision of the Services, and (ii) User Information and any information relating to your use of the Services, in aggregated statistical form and provided that no individual or entity can be identified from such data. All the information, content, media, image files, and materials offered by FamilyID Services are protected by U.S. and international copyright laws and by other applicable laws. You understand that FamilyID is unable to provide you with permission to copy, display or distribute material for which you do not own the copyright, and FamilyID does not provide others with such rights to your User Information.

If you submit any ideas regarding new products or services, these ideas will be the property of FamilyID.

MODIFICATIONS TO SERVICES

FamilyID reserves the right time to modify or discontinue, temporarily or permanently, the Services (or any part thereof).

TERMINATION OF ACCOUNT

You agree that FamilyID may, without prior notice and without liability to you or others, terminate, limit your access to or suspend your FamilyID account and access to the Services. Cause for such termination, limitation of access or suspension shall include, but IS not limited to, (a) violations of the Terms of Service or other applicable agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) discontinuance or material modification to the Services (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) suspected engagement by you in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by you in connection with the Services.

Termination of your FamilyID account may include: (a) removal of access to all or part of the offerings within the Services, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of all or part of the Services.

You may cancel your FamilyID account at any time by submitting such termination request to FamilyID. Note that such termination does not require FamilyID to return or delete your User Information, which may, for example, be stored on backups and archives.

FAMILYID'S PROPRIETARY RIGHTS

You agree that the Services and any software or other technology used in connection with the Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further agree that content contained in advertisements or information presented to you through the Services by Program Providers, advertisers or others is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by FamilyID or the applicable third party (such as a Program Provider), you agree not to modify, rent, loan, sell, distribute, publicly perform or create derivative works based on the Services, such content or the software, in whole or in part.

FamilyID grants you a personal, non-transferable and non-exclusive right and license to access and use the Services, provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, or sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Services or any underlying software.

You agree that all of FamilyID's trademarks, trade names, service marks and other FamilyID logos and brand features, and product and service names are trademarks and the property of FamilyID Inc. (the "FamilyID Marks"). Without FamilyID's prior written permission, you agree not to display or use in any manner the FamilyID Marks.

DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY

YOU EXPRESSLY AGREE THAT USE OF THE SERVICES, INCLUDING BUT NOT LIMITED TO YOUR REGISTRATION OR ENROLLMENT WITH ANY PROGRAM PROVIDER OR USE OF ANY PRODUCT OR SERVICE OFFERINGS LISTED ON OR PROVIDED VIA THE SERVICES, IS AT YOUR SOLE RISK. WHILE FAMILYID WILL USE COMMERCIALLY REASONABLE TECHNOLOGY FOR PROTECTING YOUR REGISTRATION DATA, FAMILYID (A) MAKES THE SERVICES AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS AND (B) EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND RELATING TO THE SERVICES OR ITS CONTENTS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. FAMILYID MAKES NO WARRANTY (A) THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT ACCESS TO THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR (B) AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. ACCORDINGLY, YOU UNDERSTAND AND AGREE THAT IF YOU RECEIVE ANY SERVICES, CONTENT OR INFORMATION THROUGH USE OF THE SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND RISK AND THAT, AS BETWEEN YOU AND FAMILYID, YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT YOU INCUR. IN NO EVENT SHALL FAMILYID, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE, OR INABILITY TO USE, THE SERVICES OR ANY PRODUCT OR SERVICE OFFERINGS LISTED OR PROVIDED THEREON, INCLUDING THE OFFERINGS OF ANY PROGRAM PROVIDERS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FAMILYID IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT FAMILYID SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

YOU AGREE THAT THESE LIMITATIONS ON LIABILITY ARE AN ESSENTIAL BASIS OF THE BARGAIN AND THAT FAMILYID WOULD NOT PROVIDE, OR PERMIT YOU TO ACCESS, THE SERVICES ABSENT SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT UNDER THE DIGITAL MILLENNIUM COPYRIGHT ACT

FamilyID respects the intellectual property of others, and we ask our users to do the same. FamilyID may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who have infringed others' intellectual property rights. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide FamilyID's Copyright Agent with the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • a description of the copyrighted work or other intellectual property that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the Services;
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

FamilyID's Agent for Notice of Claims of Copyright is: Rochelle Nemrow, FamilyID Inc., 61 Beaver Road, Weston, MA 02493; email copyright@familyid.com.

GENERAL

These Terms of Service constitutes the entire agreement between you and FamilyID and governs your use of the FamilyID Services, superseding any prior version of these Terms of Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other FamilyID services, affiliate services, third-party content or third-party software. You and FamilyID agree that the Terms of Service and the relationship between you shall be governed by the laws of the Commonwealth of Massachusetts without regard to its conflict of law provisions and that all claims, causes of action or disputes (regardless of theory) arising out of or relating to the Terms of Service, or the relationship between you and FamilyID, shall be brought exclusively in the state and federal courts of the Commonwealth of Massachusetts. You agree to waive all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts in any such dispute. These Terms of Service will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. The failure of FamilyID to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect. These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by FamilyID without restriction. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the FamilyID Services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.

PROGRAM PROVIDERS

Welcome to FamilyID Inc. ("FamilyID"). These General Terms of Service ("Terms of Service" or "Terms") govern your use of the web site www.familyid.com, including all related domains and sub-domains and all services provided or received thereby (collectively, the "Services"). FamilyID reserves the right to amend these terms without advance notice, and FamilyID may charge you a fee to use certain Services. You can review the most current version of the Terms of Service at any time at www.familyid.com/terms-of-service#program-providers.

By accessing and using the Services, you agree to be bound by the Terms of Service. Your use of the Services is entirely conditioned on and subject to your compliance with these Terms. If you do not agree with these Terms of Service, do not use the Services. If you have questions about these Terms, please contact us at info@familyid.com.

PRIVACY POLICY

Your privacy is very important to us. Your Registration Data and certain other information about your organization are subject to our applicable Privacy Policy. For more information, see the FamilyID Privacy Policy at www.familyid.com/privacy. You understand that through your use of the Services, you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transmission of this information for storage, processing and/or use by FamilyID or individuals or families who have registered to use the Services ("Registrants") and who desire to gather information about you or to register or enroll with you via the Services.

USER ACCOUNT, PASSWORD AND SECURITY

By registering with the Services as a "Program Provider" you will enable Registrants to submit to you via the Services enrollment or registration information, and you will be able to participate in such services promotions, marketing events and communications offerings as FamilyID makes generally available to Program Providers. When you register with FamilyID, you will select your organization's unique user name and password. You are responsible for maintaining the confidentiality of the user name and password, and you are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify FamilyID of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. FamilyID cannot and will not be liable for any loss or damage arising from your failure to comply with this paragraph.

USER REGISTRATION OBLIGATIONS

You represent that you are at least 18 years old, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into and will comply with the Terms of Service, and that you are not a person barred from using the Services under the laws of the United States or other applicable jurisdiction. In any case, you affirm that you are at least 13 years old. You also agree to: (a) provide accurate and complete information about your organization, as prompted by the Service's registration form (the "Registration Data"), and (b) maintain and promptly update the Registration Data to keep it accurate and complete. If you provide any information that is untrue or incomplete, or if FamilyID has reasonable grounds to suspect that such information is untrue or incomplete, FamilyID has the right to suspend or terminate your account and refuse your current or future use of the Services.

USER CONDUCT

You understand that you are responsible for all information, data, including Registration Data, text, photographs, video, audio, graphics, messages, comments, postings, tags, links, or other materials ("User Information") that you post on or otherwise offer or transmit via the Services. FamilyID does not guarantee the accuracy, integrity or quality of your User Information. Under no circumstances will FamilyID be liable in any way for any User Information, including, but not limited to, any errors or omissions in any User Information, or any loss or damage of any kind incurred as a result of the use of any User Information posted, emailed, transmitted or otherwise made available via the FamilyID Services.

You agree to not use the FamilyID Services to:

  • upload, post, email, print, transmit or otherwise make available any User Information that
  • infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
  • is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy or reveals another's personal information, hateful, shocking or disgusting, or racially, ethnically or otherwise objectionable;
  • you do not have a right to make available under any law or under contractual or fiduciary relationships;
  • contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
  • is in the nature of unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
  • harm minors in any way;
  • impersonate any person or entity, including, but not limited to, an FamilyID official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Information transmitted through the Services;
  • interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services, including using any device, software or routine to bypass our robot exclusion headers;
  • intentionally or unintentionally violate any applicable local, state, national or international law, rule, regulation, treaty or tariff, including any laws regarding the transmission of technical data exported from your country of residence;
  • stalk or otherwise harass another; and/or
  • collect or store personal data about other users in connection with the prohibited conduct and activities set forth in above.

You acknowledge that FamilyID may not pre-screen User Information, but that FamilyID and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any User Information that is available via the FamilyID Services. Without limiting the foregoing, FamilyID and its designees shall have the sole right to remove any User Information that it reasonably believes violates these Terms of Service or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any User Information, including any reliance on the accuracy, completeness, or usefulness of such User Information.

You agree that FamilyID may access, preserve and disclose your account information and User Information if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the Terms of Service; (iii) respond to claims that any User Information violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of FamilyID, its users and the public.

You understand that the FamilyID Services and software embodied within the Services may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by FamilyID and/or third parties that provide content to the Services. You may not attempt to override or circumvent any of the usage rules embedded into the FamilyID Services. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the FamilyID Services, in whole or in part, is strictly prohibited.

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the FamilyID Services.

DEALINGS WITH THIRD PARTIES

Your registration or enrollment of, or correspondence or other business dealings with, Registrants or other third parties on or through the Services, are solely between you and such third party. You agree that FamilyID shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties on the FamilyID Services.

You further agree that FamilyID is not responsible for any actions or inactions of any Registrants that you may be introduced to via the Services. Further, FamilyID is not a party to any agreement or arrangement between you and a Registrant, and shall have no liability whatsoever under any such agreement or with respect to any such arrangement.

LINKS

The Services may provide, or third parties, including advertisers, may provide, links to other World Wide Web sites or resources. You agree that FamilyID is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further agree that FamilyID shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

OWNERSHIP OF USER INFORMATION

You retain full ownership of your User Information. However, by submitting User Information to FamilyID, you grant FamilyID a perpetual, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, display, transfer and distribute (i) User Information solely in connection with its provision of the Services, and (ii) User Information and any information relating to your use of the Services, in aggregated statistical form, provided that no individual or entity can be identified from such data.

All the information, content, media, image files, and materials offered by FamilyID Services are protected by U.S. and international copyright laws and by other applicable laws. You understand that FamilyID is unable to provide you with permission to copy, display or distribute material for which you do not own the copyright, and FamilyID does not provide others with such rights to your User Information. You may not copy or distribute such material without the written consent of the copyright owner, and you are solely responsible for any copyright violations that you may incur as a result of your activities on the Services. FamilyID retains the absolute right to terminate your FamilyID usage or to exclude you from the Services if you violate the intellectual property rights of others while using the Services.

If you submit any ideas regarding new products or services, such ideas automatically become the property of FamilyID, and you automatically forfeit your right to the intellectual property of these ideas. If you intend to own the intellectual property rights of your ideas in any way (patent, trade secrets, copyright, trademark, etc.) please do not submit your ideas to FamilyID.

INDEMNITY

You agree to defend, indemnify and hold harmless FamilyID, its officers, directors, employees, agents, licensors, affiliates, and suppliers, from and against any and all claims, actions or demands, liabilities and settlements, damages, obligations, losses, costs or debt, and expenses (including but not limited to reasonable legal and accounting fees) arising or resulting from your use or misuse of the Services, your violation of any term of these Terms of Service, any violation of any third party right, including without limitation any intellectual property, privacy or publicity right by you or any other subscriber or user of your account, or any claim that your User Information caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Services.

MODIFICATIONS TO SERVICES

FamilyID reserves the right at any time to modify or discontinue, temporarily or permanently, the FamilyID Services (or any part thereof) with or without notice. You agree that FamilyID shall not be liable to you or to any third party for any modification, suspension or discontinuance of the FamilyID Services (or any part thereof).

TERMINATION OF ACCOUNT

You agree that FamilyID may, without prior notice, immediately terminate, limit your access to or suspend your FamilyID account, any associated email address, and access to the Services. Cause for such termination, limitation of access or suspension shall include, but not be limited to, (a) violations of the Terms of Service or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) discontinuance or material modification to the Services (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) engagement by you in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by you in connection with the Services. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in FamilyID's sole discretion and that FamilyID shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Services.

Termination of your FamilyID account includes any or all of the following: (a) removal of access to all or part of the offerings within the Services, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of all or part of the Services. Upon termination of your account by FamilyID, you agree that you will not attempt to re-register with or access the Services or use any Services content or any other product or service provided by FamilyID, whether through use of a different member name or otherwise.

You may cancel your FamilyID account at any time by submitting such termination request to FamilyID.

FAMILYID'S PROPRIETARY RIGHTS

You agree that the FamilyID Services and any necessary software used in connection with the Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further agree that content contained in advertisements or information presented to you through the Services is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by FamilyID or the applicable third party (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the Services, such content or the software, in whole or in part.

FamilyID grants you a personal, non-transferable and non-exclusive right and license to access and use the Services; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, or sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Services or any underlying software. You agree not to modify the Services or any underlying software in any manner or form, nor to use modified versions of such software, including (without limitation) for the purpose of obtaining unauthorized access to the Services. You agree not to access the Services by any means other than through the interface that is provided by FamilyID for use in accessing the Services.

You agree that all of FamilyID's trademarks, trade names, service marks and other FamilyID logos and brand features, and product and service names are trademarks and the property of FamilyID, Inc. (the "FamilyID Marks"). Without FamilyID's prior written permission, you agree not to display or use in any manner the FamilyID Marks.

DISCLAIMER OF WARRANTIES, LIMTATION OF LIABILITY

YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. FAMILYID (A) MAKES THE SERVICES AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS AND (B) EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND RELATING TO THE SERVICES OR ITS CONTENTS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. FAMILYID MAKES NO WARRANTY (A) THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT ACCESS TO THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR (B) AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. IN NO EVENT SHALL FAMILYID, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AFFILIATES, AND SUPPLIERS BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE, OR INABILITY TO USE, THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FAMILYID IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT FAMILYID SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

YOU AGREE AND ACKNOWLEDGE THAT THE FOREGOING LIMITATIONS ON LIABILITY ARE AN ESSENTIAL BASIS OF THE BARGAIN AND THAT FAMILYID WOULD NOT PROVIDE, OR PERMIT YOU TO ACCESS, THE SERVICES ABSENT SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

NO THIRD-PARTY BENEFICIARIES

You agree that, except as otherwise expressly provided in these Terms of Service, there shall be no third-party beneficiaries to this agreement.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT UNDER THE DIGITAL MILLENNIUM COPYRIGHT ACT

FamilyID respects the intellectual property of others, and we ask our users to do the same. FamilyID may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who have infringed others' intellectual property rights. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide FamilyID's Copyright Agent with the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • a description of the copyrighted work or other intellectual property that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the Services;
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

FamilyID's Agent for Notice of Claims of Copyright is: Rochelle Nemrow, FamilyID Inc., info.address; emailcopyright@familyid.com.

GENERAL

These Terms of Service constitutes the entire agreement between you and FamilyID and governs your use of the FamilyID Services, superseding any prior version of these Terms of Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other FamilyID services, affiliate services, third-party content or third-party software. You and FamilyID agree that the Terms of Service and the relationship between you shall be governed by the laws of the Commonwealth of Massachusetts without regard to its conflict of law provisions and that all claims, causes of action or disputes (regardless of theory) arising out of or relating to the Terms of Service, or the relationship between you and FamilyID, shall be brought exclusively in the state and federal courts of the Commonwealth of Massachusetts. You agree to waive all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts in any such dispute. These Terms of Service will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. The failure of FamilyID to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect. These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by FamilyID without restriction. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the FamilyID Services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.