Terms of Service

Updated 2/25/13

INTRODUCTION

BY USING FAMILIES.COM AS A GUEST OR BY REGISTERING AS A MEMBER, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF SERVICE. If you do not agree to these Terms of Service, please do not register as a member of Families.com and do not use this website.

Families.com is a service of NetworkMedia.com, Inc, of:
PO Box 426
445 1st Street
Avila Beach, CA 93424, USA.

MODIFICATION

The Terms of Service may be modified from time to time. Please regularly check the update date at the top of this document to determine whether a change has been made to these Terms of Service. If you do not agree to changes in the Terms of Service, please to terminate your registration with and use of Families.com immediately. Your continued use of Families.com will signify your acceptance of any change in the Terms of Service. Families.com can also choose to amend these Terms of Service either by emailing you about the amended terms, which take effect when we send you the email, or by displaying amended terms to you when you log in to Families.com, which take effect when we post them.

UNAUTHORIZED USE

Unauthorized access, distribution, reproduction, copying, retransmission, publication, sale, exploitation (commercial or otherwise), or any other form of transfer of any portion of Families.com, including but not limited to all content, reviews, user data, forum posts, blog entries, or blog commentary, databases, services, digital products, listings, courses, events, tools or products is hereby expressly prohibited.

BUSINESS LISTINGS, ADVERTISERS AND OTHER WEBSITES

Businesses, advertisers, products and websites are promoted at Families.com, yet their exposure on Families.com does not constitute endorsement or advocacy by Families.com. Please consult with the Chamber of Commerce, the Better Business Bureau and accrediting sources if you wish to check the credibility of these organizations. Families.com will not be responsible for any damages that result from using the services or products promoted on Families.com. Families.com provides many links to other web sites and it is impossible for us to constantly monitor what is on each of the sites to which we link. Families.com is not liable for any damages that result from following any of the links provided at Families.com.

COPYRIGHT

All content included on Families.com, such as text, information, graphics, forum posts, reviews, logos, button icons, images, audio clips, digital downloads, data compilations, and software, and all accompanying intellectual property rights, is the property of Families.com and protected by United States and international copyright and other intellectual property laws. The compilation of all content on this site is the exclusive property of Families.com and protected by U.S. and international copyright laws. All software used on this site is the property of Families.com or its software suppliers and is protected by United States and international copyright and other intellectual property laws.

CONTENT AVAILABLE TO THE PUBLIC

Any content that you choose to put publicly on Families.com websites will probably be available through Internet search engines, and email addresses that you post can be gathered by spammers. Do not post your email address on Families.com or other public locations unless you are comfortable receiving increased amounts of spam.

ERROR

Because of issues such as computer, change and human error, Families.com cannot guarantee the accuracy of any statistics or other information that is presented through the site and you agree to use them at your own risk and to hold Families.com harmless from any damages that might occur.

ADVICE

By asking a question of Families.com, you agree that any counsel given by e-mail, telephone, or through the website is non-authoritative, and that you will not rely upon this information, and that you will consult with a qualified professional before making any decisions. You agree that Families.com assumes no liability from answering these questions, or posting this information.

TERMINATION

You can terminate your membership at any time by contacting Families.com. Families.com reserves the right, at its sole discretion, to immediately, without notice to suspend or terminate (i) these Terms of Service; (ii) your registration with or ability to access Families.com and/or any other service provided to you by Families.com including any e-mail account upon any breach by you of the Terms of Service, or for any other reason.

CONTENT OF MESSAGES & CONTENT SUBMISSION

You alone are responsible for the content of your messages, and the consequences of any such messages. Families.com reserves the right to terminate your registration if it becomes aware and determines, in its sole discretion, that you are violating any of the guidelines.

Any use by you of any other subscriber’s information, personal or otherwise, for any commercial purpose or to obtain direct financial gain (e.g. mass marketing) is prohibited. Families.com is to be used by you for your personal use only. Commercial uses of Families.com are strictly prohibited unless prior written consent from Families.com has been granted. You agree that you will not use Families.com for chain letters, junk mail, ‘spamming,’ solicitations (commercial or non-commercial) or bulk communications of any kind including but not limited to distribution lists to any person who has not given specific permission to be included in such a list.

You further agree not to use Families.com to send or post on message boards or any place on Families.com, any message or material that is unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, sexually oriented, threatening, racially offensive, inaccurate, or otherwise objectionable material of any kind or nature or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation, or encourage the use of controlled substances. Families.com reserves the right to delete any such material from Families.com within its sole discretion.

If Families.com becomes aware of a member harassing, stalking, or defaming another member on this or any other website or privately, Families.com reserves the right to immediately terminate the membership of that member and take other actions it deems appropriate. If Families.com chooses NOT to take action, in the case of this or another violation of the Terms of Service, that shall not be viewed as a waiver of our rights to take action in the future, and we shall have no liability for our inaction. Families.com will cooperate fully with any law enforcement officials and/or agencies in the investigation of any person or persons who violate the Terms of Service.

“Flaming” of other members is not permitted in posts. We expect that members are polite to one another, even when in disagreement. Members who post derogatory comments about competing websites or forums on Families.com will also be subject to having their comments deleted and their membership revoked.

You agree not to impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or consultant of Families.com. You further agree not to use an inappropriate member name. An inappropriate member name includes but is not limited to use of vulgar or obscene language, a term which denigrates, mocks, or harasses another user, an actual name of an individual, an attempt to sell or promote a product or service, or a reference to illegal or inappropriate activity. These guidelines also apply to signatures and avatars.

Private messaging is available for registered users to communicate off board and away from public view with other members. It is not to be used for spam, sales, harassment, or mass messaging with the purpose of creating a “whisper campaign” against a member, moderator, administrator, or competing website, or to engage in illegal activity or hate speech. Any member found to be engaging in this practice may be promptly banned and their posts deleted.

You agree not to post or use Families.com to distribute or send any illegal material of any kind, including but not limited to, illegal material in the form of text, graphics, video, programs or audio. Posting content or participating in any form of discussion with the intention to commit any illegal activity is strictly prohibited.

Families.com reserves the right to terminate accounts created through use of proxy servers and disguised IP signatures which appear to be for the purpose of disguising identity or creating multiple accounts for the same user, even if no other infraction appears to have been committed. We recognize that many ISPs such as AOL do use proxy servers – this provision is intended for those accounts which are set up in such a way as to disguise identity and promote fraud or illegal activity using proxys known to be assumed for this purpose. Any user found creating multiple accounts for any purpose will be subject to termination.

You acknowledge that (i) Families.com permits access to content that is protected by copyrights, trademarks and other intellectual and proprietary rights (“Rights”); (ii) these Rights are valid and protected in all media and technologies existing now or later developed; and (iii) except as explicitly provided otherwise, the Terms of Service and applicable copyright, trademark and other laws govern your use of such content. You may not post to Families.com, copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any material subject to any Rights. The burden of determining that any information, software, images or any other content on Families.com is not protected by Rights rests with you.

By submitting content, which shall include but not be limited to your member name, posts, journal entries, comments, reviews, and other contribution of information to Families.com, you grant Families.com and its affiliates a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any Rights that may exist in such content. You also warrant that the holder of any Rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any subscriber to access, display, view, store and reproduce such content for personal use. Subject to the foregoing, the owner of such content placed on Families.com retains Rights that may exist to continue to personally use the content that they submit in a non-commercial, non-competing way. You agree that you will not repost content that you have submitted to Families.com on another commercial or competing website. You agree that you will not solicit, encourage or participate in any way with helping other Families.com members to post their content or have their content posted on any other form or location.

FAMILIES.COM DEALS SECTION

Families.com Deals is your place for grocery and coupon savings, frugal living, money saving and other deals. These additional rules are specific to Families.com Deals:

Using coupons and rebates is an excellent way to save money, but abuse of the system is illegal. Families.com Deals managers and moderators attempt to actively monitor, and edit or delete posts as necessary if they violate the terms of service, or encourage illegal or fraudulent activity. The following non-inclusive list gives examples of activity not allowed on Families.com Deals:

- Printing more than the allowed limit of printable coupons,
- Coding/decoding of coupons,
- Using expired coupons in places that do not allow their use,
- Using a coupon for anything other than what the manufacturer intended, including the use of a coupon for a different size or quantity than is written on the coupon,
- Any kind of “cheating”, and
- Sale of coupons or rebate forms.

Any posts that encourage or describe improper methods of coupon use may be deleted without further notice, and members engaging in these activities may be banned at the discretion of Families.com.

A searchable coupon database is included in the Deals section of Families.com. We do not guarantee the accuracy of the data within this database. This database and its contents is the property of Families.com. Members may search the database, or add content to it for the sole purpose of sharing information about coupons with other members.

Families.com is not liable for any trades, information, sales, or purchases in the Deals section or any other area of Families.com.

THIRD PARTY SERVICES

You may order services or merchandise through Families.com from other persons not affiliated with Families.com (“Seller”). All matters concerning the merchandise and services desired from Seller, including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and Seller. Families.com makes no warranties or representations whatsoever with regard to any goods or services provided by Sellers. You will not consider Families.com nor will Families.com be construed as a party to such transactions, whether or not Families.com may have received some form of revenue or other remuneration in connection with the transaction or be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transaction.

REGISTRATION AND PASSWORD

You are responsible for maintaining the confidentiality of your Information and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify Families.com of any unauthorized use of your registration or password.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY AGREE THAT USE OF FAMILIES.COM IS AT YOUR SOLE RISK. FAMILIES.COM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. FAMILIES.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

FAMILIES.COM MAKES NO WARRANTY THAT FAMILIES.COM WILL MEET YOUR REQUIREMENTS, OR THAT FAMILIES.COM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES FAMILIES.COM MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF FAMILIES.COM. FAMILIES.COM WILL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, WHETHER FORSEEABLE OR NOT, WHICH MAY RESULT FROM THE UNAVAILABILITY OR MALFUNCTION OF FAMILIES.COM.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF FAMILIES.COM IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

YOU UNDERSTAND AND AGREE THAT FAMILIES.COM DOES NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION IN OR PROVIDED IN CONNECTION WITH FAMILIES.COM. FAMILIES.COM IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION. THE INFORMATION IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER FAMILIES.COM NOR ITS MEMBERS, WHILE SUCH MEMBERS ARE PARTICIPATING IN FAMILIES.COM, ARE ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. FAMILIES.COM ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM WHICH YOU MAY HAVE.

FAMILIES.COM SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN THIS SERVICE AREA. YOUR PARTICIPATION IN FAMILIES.COM IS SOLELY AT THE YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FAMILIES.COM OR THROUGH FAMILIES.COM SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

FAMILIES.COM MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH FAMILIES.COM OR ANY TRANSACTIONS ENTERED INTO THROUGH FAMILIES.COM.

LIMITATION OF LIABILITY

FAMILIES.COM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE FAMILIES.COM OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH FAMILIES.COM OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF FAMILIES.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, BY ACCEPTING THE TERMS OF SERVICE YOU SPECIFICALLY AGREE THAT FAMILIES.COM AND OUR AFFILIATES SHALL NOT BE LIABLE TO YOU FOR MORE THAN $100.

INDEMNIFICATION

You agree to indemnify and hold each of Families.com, their parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of Families.com, the violation of these Terms of Service by you, or the infringement by you, or any other subscriber of your account, of any intellectual property or other right of any person or entity.

APPLICABLE AND GOVERNING LAW

This Agreement will be governed by and construed in accordance with the laws of the State of California, without giving effect to any contrary choice of law rules, and applicable United States federal law. Any action or proceeding brought by one party to this Agreement against the other party to this Agreement that seeks to enforce any provision of, or based on any right arising out of, this Agreement shall be brought exclusively in a state or federal court located in San Francisco County, California. Each of the parties consents to the exclusive jurisdiction of such courts (and the appropriate appellate courts) in any such action or proceeding and waives any objection to venue laid therein.

MISCELLANEOUS

In the event that any provision of the Terms of Service conflicts with the law under which the Terms of Service are to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to the Terms of Service, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of Service will remain in full force and effect.

The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Terms of Service or to exercise any right under the Terms of Service will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect.

Families.com may assign its rights and obligations under these Terms of Service and upon such assignment Families.com may be relieved of any further obligation.

Families.com may modify or discontinue Families.com, or any portion thereof or any services, digital products, products, events or courses related thereto, with or without notice to you and without liability to you or any third party, except as otherwise provided herein.

Families.com reserves the right to offer internal and third party services and products to you based on the preferences that you identify during the registration process and based on your subsequent preferences.

These Terms of Service and any Additional Terms (such as Families.com Deals rules) constitute the entire understanding between the parties as to subject matter hereof, and supersede all prior agreements and understandings. Any legally unenforceable provision of these Terms of Service will, at the election of Families.com, be deleted or modified to correct the defect and, regardless, the remainder of the terms of these Terms of Service will remain valid and enforceable.

REPORT VIOLATIONS

If you discover someone who is not abiding by this Terms of Service, you agree that you will immediately contact us by e-mail at webmaster@families.com.

CONCLUSION

Neither Families.com, its affiliates, its sponsors, nor any other contributors take responsibility for any consequence relating directly or indirectly to any information, recommendations, advice, treatment, computer, networking, site error, human error, procedure, release of information, links to other sites, action or application of medicine or law by any person using Families.com web site or any other services of Families.com.