Welcome to the Creative Family Connections LLC (the “Company,” “we,” “our”) website (“Website”). Please read the following information carefully before accessing and/or using this Website. These are the terms, covenants, conditions, and provisions (the “Terms and Conditions”) governing your access to and use of the Company’s Website, including the products or services offered or provided through the Website. If you do not accept these Terms and Conditions or you do not meet or comply with the provisions, you may not use the Website. If you choose to continue to use or access this Website, you recognize that the Company has provided valuable consideration by offering this Website free of charge, and in exchange for that valuable consideration, you agree to these Terms and Conditions. Note, however, these Terms and Conditions do not apply to your access or use of, or any data or information that may be collected by any third parties, including any third-party platform, server hosts, or vendors, so please refer to their respective terms and conditions, privacy policies, terms of use, and data practices for more information.
Acceptance and Conduct
By accessing or using the Website, you implicitly accept these Terms and Conditions, any other Company policy, and any applicable third-party terms and conditions, privacy policies, terms of use, and/or data practices, and agree to be legally bound by them, and all applicable laws, rules, and regulations associated with your access or use of the Website. If you do not agree to be bound by these Terms and Conditions, the Privacy Policy, or any other published policy of the Company or applicable third parties, you are not authorized to access or use the Website or to submit a contact form or application to the Company. We reserve the right, in our sole discretion, to modify or update these Terms and Conditions at any time. Please check the Terms and Conditions each time you visit the Website for the most current version and information. Third parties may also modify or update their respective terms and conditions, privacy policies, terms of use, and/or data practices from time to time, so please periodically refer to their policies as well for the most current version.
These Terms and Conditions apply to the Website and to all products, services, and content contained herein, whether you access such content directly on this Website, you download such content from this Website, or you use any other service offered by the Company. You are authorized by the Company to access and use the information on the Website solely for personal, non-commercial use, provided you are at least 18 years of age. The information, materials, and products displayed on the Website may not otherwise be copied, transmitted, displayed, distributed, downloaded, licensed, modified, published, posted, reproduced, used, sold, transmitted, used to create a derivative work, or otherwise used for commercial or public purposes without the Company’s express prior written consent, which may be withheld or conditioned in the Company’s sole and absolute discretion. Any use of data mining, robots or similar data gathering or extraction tools or processes in connection with the Website, and any reproduction or circumvention of the navigational structure or presentation of the Website or its content, is strictly prohibited. You agree not to use the Website for any unlawful purpose.
In order to access certain features of the Website, you may be required to submit a contact form and/or an application to the Company and provide certain Personal Information (as defined in the Privacy Policy of the Company). You are responsible for maintaining the confidentiality of passwords provided to you and/or any account information and are fully responsible for all activities that occur under such password or account, including all information submitted or obtained under such password and/or account. You agree to immediately notify the Company in writing of any unauthorized use of the password or account or any other breach of security. The Company reserves the right to block your account or your use of any passwords if it suspects that you have violated these Terms and Conditions or any other policy of the Company.
If you supply a telephone number in connection with use of the Website, you consent to receive calls or texts at that number, whether manually or automatically dialed or sent, from the Company and/or from participating vendors. If you supply an email address in connection with the use of the Website, you consent to receive electronic communication from the Company, participating vendors or other third-party vendors. You may opt out of these communications by writing to the Company at info@creativefamilyconnections.com.
You agree not to modify the Website or use modified versions of the Website (except if modified by the Company) including for the purpose of your own commercial use or obtaining unauthorized access to the Website. You agree not to access the Website by any means other than through the interface provided by the Company for use in accessing the Website.
Privacy
Please review the Company’s Privacy Policy, which can be found here, to understand our practices. Information regarding the Company’s processing of Personal Information is set forth in its Privacy Policy and is incorporated into these Terms and Conditions By using our Website or by submitting a contact form or an application to the Company, you agree that we may use and share your Personal Information, as defined and set forth in the Privacy Policy.
Specifically, you acknowledge that the Company may collect certain Personal information, share certain Personal Information with third parties, and may contact you periodically, all in accordance with the terms of the Privacy Policy. The Company also reserves the right to comply, in its sole discretion, with legal requirements, requests from law enforcement agencies or requests from government entities, even to the extent that such compliance may require disclosure of certain Personal Information.
Ownership of Materials; Intellectual Property Rights
The Website, services, and content contained herein, including without limitation, Company names, The Surrogacy Law Map™ (defined to include the state law descriptions), research, product/services names, images, graphics, text, articles, software, codes, scripts, graphics, blogs, information, photos, sounds, videos, website design, interactive features and the like (“Content”) and the copyrighted information, trademarks, service marks, and logos contained therein (“Marks”) are the sole property of the Company or its licensors, and are protected by United States and international copyright, trademark and other laws (Content and Marks are collectively referred to as “Company IP”). Except for the limited licenses expressly granted to you in these Terms and Conditions, if any, the Company retains all proprietary rights to the Company IP. Without limiting the foregoing, you may not reproduce, copy, modify, display, sell, or distribute the Company IP, or use it in any other way for public or commercial purposes. This includes any code that the Company creates to generate or display the Content or the pages making up the Website. The use of any of the Company IP on any other website or in a networked computer environment for any purpose is strictly prohibited.
You must retain all copyright, trademark, service mark and other proprietary notices contained on the Company IP or other Company materials on any authorized copy you make of the Company IP. Company IP on the Website is provided to you AS IS for your information and for personal use only. The Company reserves all rights not expressly granted in and to the Website and the Company IP. You agree to not engage in the use, copying, or distribution of any of the Company IP other than expressly permitted herein. If you download or print a copy of the Company IP for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any the Company IP or enforce limitations on use of the Website or the content therein. If you believe any trademarks, service marks, or logos used on the Website to be the property of someone else, please notify the Company in writing at info@creativefamilyconnections.com.
Licenses
The Company hereby grants you a limited, terminable, non-assignable, non-exclusive, revocable right to access and use the Company IP as contemplated herein. All such uses are for your personal, non-commercial use only and shall not be used for any commercial purpose. You expressly agree and acknowledge that no Company IP may be copied, transmitted, displayed, distributed, downloaded, licensed, modified, published, posted, reproduced, used, sold, transmitted, used to create a derivative work, or otherwise used for commercial or public purposes without the Company’s express prior written consent, which may be withheld or conditioned in the Company’s sole and absolute discretion. The Company reserves the right to suspend or terminate your access and use of the Website at any time if Company, in its sole discretion, determines that you are in breach of these Terms and Conditions.
You agree to give the Company a non-exclusive, royalty-free, worldwide license (and right to sub-license), of any rights, including intellectual property rights, in any Personal Information (as defined in the Company’s Privacy Policy) that you provide to the Company subject to the limitations set forth herein, within the Privacy Policy, and other published policy of the Company. Any information, including Personal Information, provided to the Company, including through the Website, or to a third-party through the Website will be collected and used by the Company in its sole and absolute discretion to help improve the content and functionality of the Website, to better tailor the Website to your needs, to respond to any inquiry or requests submitted by you, and to suggest products or services that may be relevant to you during your use of the Website. The Company may also use such information to customize the Website to provide a better user experience and to enhance or maintain the Website, including any products, services, or content.
User Content
The Website may contain features that allow you and any other user to submit certain content and information that are publicly available to other users, such as testimonials (“Common Spaces”). Any content that you submit, contribute, post, upload, or send through the Common Spaces of the Website (“User Content”) may be used by Company in any manner consistent with these Terms and Conditions and the Company’s Privacy Policy. Note that User Content only includes content that is submitted by you on the Common Spaces. It does not include any content that is shared with the Company through other means. The Company reserves the right to use any User Content as it deems appropriate including, without limitation, by changing, deidentifying, redacting, modifying, editing, rejecting, or refusing to use, upload, publish or post it.
You acknowledge and agree that you are solely responsible for all User Content you make available through the Website. By submitting, providing, contributing, posting, uploading, or sending User Content on or through the Website, you represent and warrant that: (i) the User Content is original to you; (ii) no other party has any exclusive rights thereto; (iii) you either own the User Content or have the rights necessary to grant Company and other users rights in the User Content, as provided for below; (iv) the submitting, contributing, providing, posting, uploading, or sending of the User Content through the Website, or Company’s exercise of the rights granted to it in the User Content, will not violate the rights of any third parties (for example, patents, copyrights, trademarks, trade secrets, or other intellectual property rights, or rights of publicity or privacy) or any applicable statutes, laws, rules, regulations, guidelines, or ordinances; and (v) no payments of any kind shall be due to any third party. Company is not responsible for maintaining any User Content that you provide on the Website, and Company may delete or destroy any such User Content at any time and for any reason and without notice to you.
Third-Party Materials
Through the Website you may come across, access, review, display, or use third-party products, services, resources, software, technology, materials, information, Content, or your or other Website user’s User Content, including testimonials (“Third-Party Materials”). You acknowledge and agree that you are solely responsible for and assume all risks arising from your access to, use of, or reliance on any Third-Party Materials, and Company disclaims any liability that you may incur arising from your access to, use of, or reliance on Third-Party Materials or other users’ User Content. You also acknowledge and agree that Company: (i) has no responsibility for the availability or accuracy of Third-Party Materials, including third-party products or services, or other users’ User Content; (ii) has no liability to you or any third party for any harm, injuries, or losses suffered as a result of your purchase of, access to, use of, or reliance on such Third-Party Materials or other users’ User Content; and (iii) does not make any promises to remove Third-Party Materials or other users’ User Content from the Website or from being accessed through the Website. Nothing in these Terms of Use authorizes you to, and you may not, reproduce, transmit, distribute, publicly display, publicly perform, communicate to the public, make available, create derivative works of, or otherwise use or exploit any Third-Party Materials or other users’ User Content except as expressly permitted by the Website, these Terms and Conditions or any other published policy of the Company.
Company neither endorses nor guarantees in any way the third-party vendors, suppliers, organizations, sponsors, authors, advertisers, partners, data, information, materials, views, recommendations, plans, or products or services offered, published, posted, uploaded, expressed, and/or promoted on the Website. These include, but are not limited to, insurance providers, IVF Centers, mental health providers, lenders, escrow companies, attorneys, and other third parties that may be involved in assisted reproductive technology.
The Website may include hypertext links or links to other websites or webpages, or to information and/or articles created and maintained by other organizations or users/individuals. These links are provided solely for Company users’ information and convenience. When users select a link to an external platform, website or webpage, they leave the Company Website and are subject to the privacy and security policies of the owners/sponsors of the external link. The Company is not responsible for any Personal Information provided to or collected by third parties on other sites.
Representations
In addition to all other representations contained herein, you expressly represent, warrant, and agree that you will not use (or plan, encourage, or help others to use) the Website for any purpose in any manner that is prohibited by these Terms and Conditions, the Privacy Policy, any other published policy of the Company, or by applicable law.
Website Content
The Company created the Website to provide general information about surrogacy and assisted reproductive technology and the services offered by the Company. The Website is for informational purposes only. Company makes no representation that any or all of the information, materials, Content, products or services on the Website are accurate, appropriate, or available for sale or use by its users in any or all locations. The information provided on the Website is provided by the Company as a convenience to you. The Content or User Content contained on this Website does not obligate Company to provide any specific material, product or service. Company will use reasonable efforts to include accurate and up-to-date information. However, the Company does not warrant and cannot guarantee the accuracy, availability, completeness or authenticity of the information contained on the Website, or its suitability for any purpose.
The Website may include technical inaccuracies or typographical errors. The Company will from time to time revise the information, products, and services described on the Website, and reserves the right to make such changes to the Terms and Conditions, the Privacy Policy, and/or any other published policy of the Company from time to time without notice to you. Any changes to the Terms and Conditions will be effective immediately upon the posting of the revised Terms and Conditions on the Website. Your continued use of the Website after any such posting of the revised Terms and Conditions shall constitute your acceptance of any changes, additions, or deletions to the Terms and Conditions.
Submitted Applications
By submitting an application to become a surrogate or to receive surrogacy services through the Company, you are (i) inquiring about providing or receiving a service, (ii) representing that you are at least 21 years old, (iii) representing that all information you provide to us in connection with such application is true and accurate, (iv) representing that you accept and agree to these Terms and Conditions, the Privacy Policy, and any other published policy of the Company. Note, however, a contractual relationship between you and the Company shall be created only upon execution of a direct contract between you and the Company. Nothing in this Website, or your actions in response to this Website, is sufficient to create any contractual obligations by the Company.
We reserve the right to: (i) refuse any application submitted to us; (ii) correct any errors, inaccuracies or omissions with regard to the services requested or offered; (iii) change or update information in connection with any services requested or offered; (iv) contact you by phone or email to confirm the information provided in the application or follow up on an incomplete application; and/or (v) modify or cancel your application at any time without notice to you and without incurring any liability.
Company shall not be liable to you or to any other person for any delays in performance or any nonperformance of Company’s obligations caused by circumstances beyond Company’s control; for example, as a result of any of the following events: a cybersecurity attack, data breach or similar event, failure of performance by surrogate or intended parents; statute, regulation, order or any other action of any governmental authority; pandemic, widespread infectious disease or public health or other emergency; acts of God or natural disaster; acts of terror; war and acts of war (whether declared or not). Such circumstances shall result in Company’s relief from damages and other measures.
Subject to the terms and conditions set forth in a direct contract between you and the Company, in the event you are in breach of these Terms and Conditions, the Company may elect to either suspend or terminate its obligations to perform any of its obligations, including providing any products or services, and Company shall be immediately paid by you for all products/services rendered up to the time of such election.
DISCLAIMER OF WARRANTIES
THE USE OF THE WEBSITE, INCLUDING ALL MATERIALS AND INFORMATION CONTAINED THEREIN, IS ENTIRELY AT YOUR OWN RISK AND ANY MATERIALS DOWNLOADED, INFORMATION PROVIDED OR OBTAINED THROUGH THE USE OF THE WEBSITE (INCLUDING CONTENT AND USER CONTENT), AND THE PRODUCTS OR SERVICES PROVIDED BY OR RECEIVED FROM OR THROUGH THE COMPANY AND/OR ANY SURROGATES OR INTENDED PARENTS ARE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR AND WAIVE ANY AND ALL CLAIMS WITH RESPECT TO ANY DAMAGE TO YOUR PERSON, BUSINESS, COMPUTER SYSTEM, EQUIPMENT, INTERNET ACCESS, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIALS, INFORMATION, PRODUCTS, OR SERVICES. THE COMPANY MAKES NO WARRANTY OR REPRESENTATION AS TO THE SECURITY OF ANY INFORMATION YOU TRANSMIT TO THE COMPANY OR THROUGH THE WEBSITE. THE MATERIALS, PRODUCTS, SERVICES, CONTENT AND INFORMATION ON THE WEBSITE ARE PRESENTED SOLELY FOR GENERAL INFORMATIONAL PURPOSES, WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND AND ARE PROVIDED ON AN ‘AS IS’ AS-AVAILABLE BASIS WITHOUT ANY WARRANTY OF ANY KIND. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, AND USEFULNESS OF THE INFORMATION, CONTENT, USER CONTENT, PRODUCTS, OR SERVICES PROVIDED.
THE COMPANY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES OF ANY KIND WITH RESPECT TO (I) THE WEBSITE, (II) THE INFORMATION CONTAINED THEREIN, INCLUDING THE CONTENT AND USER CONTENT, AND (III) ANY PRODUCTS OR SERVICES OFFERED ON THE WEBSITE BY THE COMPANY, ITS CONTRACTORS, OR ANY OTHER THIRD-PARTY. SUCH WARRANTIES DISCLAIMED BY THE COMPANY INCLUDE, BUT ARE NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, QUALITY, EFFECTIVENESS, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. ADDITIONALLY, THE COMPANY DISCLAIMS ANY AND ALL WARRANTIES FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME, UNINTERRUPTED ACCESS, AND ANY WARRANTIES CONCERNING THE AVAILABILITY, CONNECTIVITY, DISPLAYABILITY, ACCURACY, PRECISION, CORRECTNESS, THOROUGHNESS, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION. FURTHER, COMPANY DOES NOT WARRANT THAT YOUR USE OF THE WEBSITE, INCLUDING PERSONAL INFORMATION, USER CONTENT, OR OTHER INFORMATION PROVIDED BY YOU, WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE OR ERROR-FREE, OR THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS OR THAT ANY DEFECTS ON THE WEBSITE WILL BE CORRECTED. NO PRODUCTS (INCLUDING THIRD-PARTY PRODUCTS), SERVICES (INCLUDING SERVICES FROM THIRD PARTIES SUCH AS SURROGATES OR INTENDED PARENTS), OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE COMPANY OR THROUGH OR LINKED TO OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY EXPRESS OR IMPLIED.
THE COMPANY SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED WITH RESPECT TO ANY PRODUCTS, SERVICES, OR CONTENT, INCLUDING THIRD-PARTY PRODUCTS, SERVICES, CONTENT OR USER CONTENT, THAT YOU MAY PURCHASE, RECEIVE, ACCESS, OR USE. THE COMPANY DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO SUCH PRODUCTS OR SERVICES. SUCH PRODUCTS OR SERVICES MUST BE USED FOR ITS INTENDED PURPOSES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE, IN CERTAIN CIRCUMSTANCES THE LIMITATION OF LIABILITY AND DISCLAIMERS MAY NOT APPLY TO YOU.
THE COMPANY DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THE WEBSITE AND THEIR SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE WEBSITE RESULTS DIRECTLY OR INDIRECTLY IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS.
THE COMPANY MAKES NO REPRESENTATIONS OR GUARANTEES REGARDING THE CONTENT OF THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, BROKEN LINKS, INACCURACIES OR TYPOGRAPHICAL ERRORS.
LIMITATION OF LIABILITY
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE, PRODUCTS, SERVICES, THE INTERNET GENERALLY, AND THE INFORMATION, MATERIALS, CONTENT, USER CONTENT, AND OTHER MATERIALS YOU ACCESS AND FOR YOUR CONDUCT ON AND OFF THE WEBSITE. SPECIFICALLY, YOU AGREE TO RELEASE THE COMPANY AND ITS MEMBERS, OWNERS, MANAGERS, EMPLOYEES, REPRESENTATIVES, INSURERS SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, AND/OR AGENTS (THE “COMPANY PARTIES”) AS FOLLOWS:
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, IN NO EVENT SHALL THE COMPANY PARTIES BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, PROPERTY DAMAGE, BODILY HARM, INJURY, OR DEATH, GOODWILL OR DAMAGES RESULTING FROM LOSS OF DATA, OR BUSINESS INTERRUPTION RESULTING FROM OR ARISING UNDER OR IN CONNECTION WITH THE PRODUCTS, SERVICES, CONTENT OR USER CONTENT OFFERED OR PROVIDED BY THE COMPANY OR ANY THIRD-PARTY THROUGH THE WEBSITE, OR THE USE OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE COMPANY WILL NOT BE RESPONSIBLE FOR ANY DETRIMENTAL RELIANCE THAT YOU MAY PLACE UPON THE WEBSITE OR ITS CONTENTS, OR THE PRODUCTS, SERVICES, CONTENT OR USER CONTENT OFFERED ON THE WEBSITE OR PROVIDED BY THE COMPANY AND/OR ANY THIRD-PARTY THROUGH THE WEBSITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH ANY SERVICE, PRODUCT, THE WEBSITE, CONTENT, AND/OR USER CONTENT IS TO STOP USING THE WEBSITE, SERVICE, PRODUCT, CONTENT, AND/OR USER CONTENT. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR DAMAGES GREATER THAN THE AMOUNT OF MONEY, IF ANY, THAT YOU PAID TO COMPANY TO USE THIS WEBSITE.
DUE TO THE NATURE OF THIS AGREEMENT, IN ADDITION TO MONEY DAMAGES, YOU AGREE THAT THE COMPANY WILL BE ENTITLED TO EQUITABLE RELIEF UPON A BREACH OF THIS AGREEMENT BY YOU.
California Residents
If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
Confidentiality
You agree to not use, disclose, divulge, reveal, recreate, reproduce, publish, or transfer to any person any and all Confidential Information of the Company, which term shall include any information not in the public domain, in any form, possessed by, used by, under the control of, emanating from, or otherwise relating to the Company.
SMS Service
You may now or in the future register to receive communications via short message service (“SMS Service”). Participation in the SMS Service is not necessary to use the Website. By registering to participate in the SMS Service, you certify that you are authorized: (i) to enroll the designated mobile phone number in the SMS Service, and (ii) to incur any mobile message or data charges that may be incurred by participating in the SMS Service.
You may subscribe to the SMS Service by entering and submitting your mobile phone number and full name in the provided submission form available on our Website. By entering this information and completing the submission form, you consent to the Company and other third parties contacting you on your mobile phone for marketing purposes.
By subscribing to the SMS Service, you expressly consent and agree to accept and receive communications via text message to your mobile device and to the cellular/mobile telephone number(s) that you provided to the Company. The information in any message may be subject to certain time lags and/or delays.
You can text STOP to stop receiving text messages from us and HELP to receive help. You consent that following such a request to unsubscribe, you may receive one final message confirming that you have unsubscribed.
By participating in the SMS Service, you approve any such charges from your mobile carrier. Check your carrier’s plan for details. You acknowledge and agree that you are solely responsible and liable for obtaining, maintaining, and paying all charges related to your mobile device(s).
The Company is not responsible for incomplete, lost, late, or misdirected messages, including (but not limited to) undelivered messages resulting from any form of filtering by your mobile carrier or service provider or otherwise.
You acknowledge and agree that the SMS Service may be provided in some cases through automatic telephone dialing technology, an artificial voice or a pre-recorded voice. By providing the Company with your phone number, you expressly consent to receive the SMS Service through automatic dialing technology, artificial and pre-recorded voice. You agree to receive notifications from the Company, its representatives, employees, and agents, through any means authorized under these Terms and Conditions, the Privacy Policy, and any other published policy of the Company, including phone calls and text messages that use automatic telephone dialing technology, artificial voice or pre-recorded voice or live person.
The Company reserves the right, in its sole discretion, to cancel or suspend any or all of the SMS Service, in whole or in part, for any reason, with or without notice to you.
Entire Agreement/Reservation of Rights
These Terms and Conditions, the Privacy Policy and any other policy of the Company that is published or provided to you, which are incorporated herein by reference, represent the entire Terms and Conditions between you and the Company with respect to the use of the Website, and supersede all prior communications and proposals, whether electronic, oral, or written between you and the Company with respect to the Website, products, or services, or use and/or disclosure of Personal Information. In the event any other terms and conditions of the Company provided to you conflicts with or differs from any provision in these Terms and Conditions, these Terms and Conditions shall prevail and govern for all purposes and in all respects. (Note these Terms and Conditions apply only to use of the Website. Should you enter into a direct contractual agreement with the Company, you will receive the Company’s standard Terms of Service.) Any rights not expressly granted herein are reserved. Any attempt to alter, supplement or amend these Terms and Conditions is null and void, unless otherwise agreed to in writing by you and the Company.
Downtime; Service Suspensions; Termination
Your access to and use of the Website may be suspended for the duration of any anticipated, unanticipated, scheduled or unscheduled downtime, maintenance, system updates, malfunction, or other unavailability of any portion or all of the Website for any reason, including as a result of power outages, system failures, or other interruptions.
The Company shall be entitled, without any liability to you, to suspend access to any portion or all of the Website at any time, on a system-wide basis: (a) for scheduled downtime to permit the Company to conduct maintenance or make modifications to the Website; (b) in the event of a denial of service attack or other attack on the Website or other event that the Company determines, in the Company’s sole discretion, may create a risk to the Website if the Website is not suspended; or (c) in the event that the Company determines that the Website is prohibited by law, or the Company otherwise determines that it is necessary or prudent to do so for legal or regulatory reasons.
You further agree that the Company reserves the right to terminate your access to any part of the Website for any reason in the Company’s sole discretion, at any time, without notice. The Company also reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website with or without notice. You acknowledge and agree that the Company shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Website.
Indemnification
You agree to defend, indemnify, and hold harmless the Company and its members, managers, owners, subsidiaries, affiliates, representatives, insurers, sponsors, partners, successors, assigns, employees and agents from and against any third party claims, liability, contributions, compensation, damages, judgments, losses, actions or demands (including, without limitation, costs, damages and reasonable legal and accounting fees) alleging or resulting from or in connection with your use of the Website, Company IP, Content, User Content, or other material, services provided to you from anyone other than the Company, or other material, or your breach of the Terms and Conditions, the Privacy Policy, or any other published policy of the Company.
Governing Law; Waiver; Severability; Costs of Enforcement
This Agreement is governed by the internal substantive laws of the State of Maryland, USA, without respect to its conflict of laws principles. Jurisdiction for any claims arising under these Terms and Conditions shall lie exclusively within the Courts of Montgomery County, Maryland, USA, and you consent to the exclusive jurisdiction and venue of these Courts to enforce the terms of this Agreement. You expressly waive the right to transfer any action filed therein. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of all or part of a provision shall not affect the validity of the remaining parts and provisions of the Terms and Conditions, which shall remain in full force and effect. All provisions of these Terms and Conditions shall survive termination except those granting access or use to the Website, and you shall cease all your use and access thereof immediately. You may not assign or transfer your obligations under these Terms and Conditions. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided by the Company in a particular “Legal Notice,” or material on particular web pages of the Website, these Terms and Conditions, the Company’s Privacy Policy, and other published policy by the Company constitute the entire agreement between you and the Company. In the event of any legal action arising hereunder or between you and the Company, and the Company is the prevailing party, the Company shall be entitled to recover all costs and expenses including but not limited to reasonable attorneys’ fees incurred in enforcing, attempting to enforce, or defending any of the Terms and Conditions, including costs incurred prior to commencement of legal action and in any appeal.
Rights You Agree to Give Up
If either you or we choose to litigate any claim, then you and we agree to waive the following rights: RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR A CLASS MEMBER IN ANY CLASS CLAIM YOU MAY HAVE AGAINST THE COMPANY WHETHER IN COURT OR IN ARBITRATION.
2 Wisconsin Circle, Suite 700 Chevy Chase, MD 20815 OR info@creativefamilyconnections.com
