FAMILYCHANGESERVICES.COM TERMS OF USE


This is familyservices.com website (the "Website") is provided solely to assist families in gathering information and opinions about alternative separation -divorce care service and local service providers and for no other purposes. The terms "We", "us", "our" and "FCS" refer to Family Changes Services, LLC, a pennsylvania limited liability company. The term "you" refers to the user visiting the Website and/or contributing content on this Website.


This Website is offered to you conditioned upon your acceptance without modification of any/all the terms, conditions, and notices set forth below (collectively, the “Terms of Use”). By accessing or using this Website in any manner, you agree to be bound by the Terms of Use. If you do not accept all of these terms and conditions, do not use this Website. We reserve the right at any time, at our sole discretion, to change or otherwise modify these Terms of Use without prior notice, and your continued access or use of this Website signifies your acceptance of the updated or modified Terms of Use.


1.   USE OF THE WEBSITE


You and other users of the Website have access to the Website at the sole discretion of FCS. This Website is intended for use by persons who are at least 18 years old. By using the Website, you represent and warrant that you: (i) are at least 18 years old and of legal age to form a binding contract, and you hereby ratify any prior grant of rights, consents, agreements, assignments and waivers made by you; (ii) all information supplied by you on this Website is true, accurate, current and complete; and (iii) if applicable, you will safeguard your Account information and will supervise and be completely responsible for any use of your Account by anyone other than you. We retain the right at our sole discretion to deny access to anyone to this Website and the services we offer, at any time and for any reason, including, but not limited to, for violation of these Terms of Use.


We grant you a limited, revocable, non-transferable, non-sublicensable, non-exclusive license, under the rights FCS has in the content displayed on the Website (the “Content”), including any message, data, information, text, music, sound, photos, videos, graphics, code or any other material posted by a user of the Website, to privately display such Content on your computer for your own personal, noncommercial purposes, and to print a reasonable number of copies of the Content as needed for that use. We reserve all other rights in the Content, on its own behalf and the behalf of its licensors (including contributors), and we do not, directly or by implication, by estoppel or otherwise, grant any other rights or licenses to you under these Terms of Use. Except as expressly stated in this paragraph, you may not reproduce, distribute, modify, publicly perform or display, or prepare derivative works of any Content without prior written consent from FCS or the contributor of the Content or other third-party owner of the rights in that Content (if any).


You hereby grant FCS a perpetual, worldwide, irrevocable, royalty-free, freely transferable, freely sublicensable (through unlimited levels of sublicense), non-exclusive license to use, reproduce, modify, transmit, distribute, publicly perform and display (including in each case by means of a digital audio or video transmission), and create derivative works of the Content that you post or upload to the Website, in any form, media, or technology now known or later developed. You also hereby waive any moral rights you may have in such Content under the laws of any jurisdiction. You agree that we may (but are not obligated to) display the Content that you have posted or uploaded to the Website, and your username or your actual name along with your Content, and that any decision to discontinue the display of the Content posted or uploaded by you to the Website shall not affect our rights under the license that you grant pursuant to these Terms of Use.


You may use the Website only when and as available. We reserve the right from time to time to temporarily or permanently modify or discontinue, and restrict or block access to, the Website (or any part thereof) without notice. We may temporarily or permanently modify or remove any part or all of Content posted or uploaded by you from the Website at any time without any notice to you. We will not be liable to you or any third party for any such modification, suspension, discontinuance or removal.


2.   PRIVACY POLICY


Your privacy rights are set forth in our Privacy Policy, found at [insert link], the terms of which are incorporated herein by reference. All capitalized terms not defined in these Terms of Use will carry the meaning given to such terms in our Privacy Policy.


3.   PROHIBITED ACTIVITIES


You agree not to do, or attempt to do, any of the following when using the Website, subject to applicable law: (a) access or use the Website or any service on the Website in any way that violates or is not in full compliance with any applicable local, state, national or international law, regulation, or statute (including export laws), contracts, intellectual property rights or constitutes the commission of a tort, or for any purpose that is harmful or unintended (by us), or other than in full compliance with the Terms of Use; (b) access, tamper with, or use services or areas of the Website that you are not authorized to access; (c) alter information on or obtained from the Website; (d) tamper with postings, registration information, profiles, submissions or Content of other users of the Website; (e) use any robot, spider, scraper or other automated means or interface not provided by us to access the Website or extract data or gather or use information, such as email addresses, available from the Website in a way that interferes with or is inconsistent with the intended operation of the Website, as determined by us in our sole discretion, or transmit any unsolicited commercial email, advertising, “junk mail,” “spam,” or “chain letters” to or from the Website; (f) frame any part of the Website, or deceptively link to the Website, or otherwise make it look like you have a relationship to us or that we have endorsed you or Content you posted to the Website for any purpose except as expressly permitted in writing by us, as determined in our sole discretion; (g) impersonate or misrepresent your identity or your affiliation with any person or entity; (h) reverse engineer any aspect of the Website or do anything that might reveal or attempt to reconstruct source code, or bypass or circumvent measures employed to prevent or limit access to any area, Content or code of or on the Website (except as otherwise expressly permitted by law); (i) send to or otherwise direct to or from the Website, or operate on it, harmful, illegal, deceptive or disruptive code such as a virus, “spyware,” “adware” or other code that could adversely impact the Website or any recipient; (j) take any action which might impose a significant burden (as determined by us in our sole discretion) on the Website's infrastructure or computer systems, or otherwise interfere with the ordinary operation of the Website; or (k) engage in phishing or other deceptive practices for the purpose of collecting usernames or passwords.


You agree that you shall not post, upload to, transmit, distribute, store, create or otherwise publish through the Website any of the following:


       (i) Any Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;

       (ii)Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;

       (iii)     Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;

       (iv)     Content that impersonates any person or entity or otherwise misrepresents your identity or affiliation with a person or entity, including FCS;

       (v)Unsolicited promotions, political campaigning, advertising, contests, raffles, or solicitations;

       (vi)     Private information of any third party, including, without limitation, surname (family name) addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;

       (vii)     Viruses, corrupted data or other harmful, disruptive or destructive files; or

       (viii)Content or links to Content that, in the sole judgment of FCS, (a) violates the previous subsections herein, (b) is objectionable, or (c) which may expose FCS or its affiliates or its users to any harm or liability of any type.


In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect FCS’s systems and customers, or to ensure the integrity and operation of FCS’s business and systems, FCS may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, email address, etc.), IP addressing and traffic information, usage history, and posted Content.


4.   DISCLAIMER


THE CONTENT PUBLISHED ON THIS WEBSITE MAY INCLUDE INACCURACIES OR ERRORS. FCS DOES NOT GUARANTEE THE ACCURACY OF, AND DISCLAIMS ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO THE CONTENT DISPLAYED ON THIS WEBSITE. THE WEBSITE IS PROVIDED “AS IS”, “WHERE IS” AND “WITH ALL FAULTS”.


FCS DOES NOT ENDORSE OR RECOMMEND ANY PRODUCTS, PROCESSES, OR SERVICES. THEREFORE, MENTION OF PFODUCTS, PROCESSES, OR SERVICES ON THE WEBSITE CANNOBE be CONSTRUED AS AN ENDORSEMENT OR RECOMMENDATION.


FCS PROVIDES THE WEBSITE FOR INFORMATIONAL PURPOSES ONLY AND IT IS NOT INTENDED TO REPLACE THE ADVICE OF A QUALIFIED PROFESSIONAL. FCS DISCLAIMS ALL WARRANTIES AND INDEMNITIES WITH RESPECT TO THE WEBSITE EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE AND AGREE THAT ANY USE AND/OR RELIANCE ON ANY INFORMATION OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, FCS DOES NOT WARRANT THAT: (I) THE WEBSITE SHALL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, SECURE, OR TIMELY, (II) FCS WILL CORRECT ALL PROGRAM ERRORS, OR (III) THE WEBSITE WILL MEET YOUR REQUIREMENTS. TO THE EXTENT THAT DATA IS BEING TRANSMITTED OVER THE INTERNET, YOU ACKNOWLEDGE THAT FCS HAS NO CONTROL OVER THE FUNCTIONING OF THE INTERNET AND FCS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE PERFORMANCE OF THE INTERNET.


5.   LIMITATION OF LIABILITY


THE TOTAL LIABILITY, IF ANY, OF FCS UNDER THE TERMS OF USE, INCLUDING BUT NOT LIMITED TO LIABILITY ARISING OUT OF NEGLIGENCE, BREACH OF CONTRACT, TORT, BREACH OF WARRANTY CLAIMS BY THIRD PARTIES OR OTHERWISE, REGARDLESS OF THE FORM OF ACTION, SHALL NOT IN ANY EVENT EXCEED, IN THE AGGREGATE, THE LESSER OF FEES ACTUALLY PAID BY YOU TO FCS DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY OR $10.00.


FCS SHALL IN NO EVENT WHATSOEVER BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR SIMILAR DAMAGES, INCLUDING DAMAGES FOR LOST DATA OR ECONOMIC LOSS, EVEN IF FCS HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH LOSS.


The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in the Terms of Use is found to have failed of its essential purpose.


6.   INDEMNIFICATION


You agree to defend and indemnify FCS and its affiliates and any of their officers, directors, members, managers, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:


   (i) your breach of these Terms of Use;

   (ii) your violation of any law or the rights of a third party; or

   (iii) your use of this Website.


7.   THIRD PARTY WEBSITES


The Website may or may not contain advertisements, offers, or other links to other websites and resources of third parties that we do not control. These links are provided on the Website for informational purposes and the convenience of its users. You acknowledge and agree that FCS is not responsible or liable for (a) the availability or accuracy of such websites or resources; or (b) the content, advertising, or products or services on or available from such websites or resources. The inclusion of any link on the Website does not imply that we endorse the linked website. You use the links at your own risk. Once you choose to link to another website, you should read and understand that website's privacy statement before disclosing any personal information.


8.   GENERAL


This Website is operated by a U.S. entity and these Terms of Use are governed by the laws of the Commonwealth of Pennsylvania, USA. You agree that all claims you may have against Family Change Service, LLC. arising from or relating to the Website must be heard and resolved exclusively in a court of competent subject matter jurisdiction located in Montgomery County, Pennsylvania.


To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of this Website within two (2) years from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.


If any part of the Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions in the Terms of Use shall continue in effect.


The Terms of Use (and any other terms and conditions referenced herein), constitutes the entire agreement between you and FCS with respect to this Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and FCS with respect to this Website. A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.