Terms $ Conditions
Please read these Terms of Service (the “Terms”) and our Privacy Policy carefully because they govern your use of the Extended Family website (the “Site”) and the associated community travel services accessible via the Site offered by Extended Family.
1. Agreement to Terms
By using Extended Family, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use Extended Family. IF YOU ARE ACCESSING AND USING EXTENDED FAMILY ON BEHALF OF A COMPANY (SUCH AS YOUR EMPLOYER) OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT ENTITY TO THESE TERMS. IN THAT CASE, “YOU” AND “YOUR” WILL REFER TO THAT ENTITY.
2. Privacy Policy
Please review our Privacy Policy, which also governs your use of Extended Family, for information on how we collect, use, and share your information.
3. Changes to these Terms or Extended Family
We may update the Terms from time to time in our sole discretion. If we do, we’ll let you know by posting the updated Terms on the Site and/or may also send other communications. It’s important that you review the Terms whenever we update them or you use Extended Family. If you continue to use Extended Family after we have posted updated Terms, it means that you accept and agree to the changes. If you don’t agree to be bound by the changes, you may not use Extended Family anymore. Because Extended Family is evolving over time, we may change or discontinue all or any part of Extended Family, at any time and without notice, at our sole discretion.
4. Who May Use Extended Family
You may use Extended Family only if you are 18 years or older, you reside within the United States, you are capable of forming a binding contract with Extended Family, and you are not otherwise barred from using Extended Family under applicable law.
5. Feedback
We appreciate feedback, comments, ideas, proposals, and suggestions for improvements to Extended Family (“Feedback”). If you choose to submit Feedback, you agree that we are free to use it without any restriction or compensation to you, and you hereby grant Extended Family a perpetual, irrevocable, royalty-free, and fully-paid up license to use and exploit all Feedback in connection with Extended Family’s business purposes, including, without limitation, the testing, development, maintenance, and improvement of Extended Family and Extended Family’s other products and services.
6. Your Content
(a) Posting Content. Extended Family may allow you to store or share content such as text (in posts or communications with others), files, documents, graphics, and images. Anything (other than Feedback) that you post or otherwise make available through Extended Family is referred to as “User Content”. Extended Family does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to your User Content.
(b) Permissions to Your User Content. By making any User Content available through Extended Family, you hereby grant to Extended Family a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works based upon, distribute, publicly display, and publicly perform your User Content in connection with operating and providing Extended Family.
(c) Your Responsibility for User Content. You are solely responsible for all your User Content. You represent and warrant that you have (and will have) all rights that are necessary to grant us the license rights in your User Content under these Terms. You represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through Extended Family, nor any use of your User Content by Extended Family on or through Extended Family will infringe, misappropriate, or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
(d) Removal of User Content. You can remove your User Content by specifically deleting it. You should know that in certain instances, some of your User Content (such as posts or comments you make) may not be completely removed, and copies of your User Content may continue to exist on Extended Family. To the maximum extent permitted by law, we are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
(e) Extended Family’s Intellectual Property. We may make available through Extended Family content that is subject to intellectual property rights. We retain all rights to that content.
7. General Prohibitions and Extended Family’s Enforcement Rights
-
You agree not to do any of the following:
(a) Use any content obtained through (or otherwise made available to you in connection with) Extended Family for any purpose other than which it was provided to you, including in any malicious, harmful, damaging, disparaging, or malignant manner, or otherwise in bad faith;
(b) Post, upload, publish, submit or transmit any User Content that (i) infringes, misappropriates, or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading, or deceptive; (iv) is defamatory, obscene, pornographic, vulgar, or offensive; or (v) promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group;
(c) Use, display, mirror, or frame Extended Family or any individual element within Extended Family, Extended Family’s name, any Extended Family trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page, without Extended Family’s express written consent;
(d) Access, tamper with, or use non-public areas of Extended Family, Extended Family’s computer systems, or the technical delivery systems of Extended Family’s providers;
(e) Attempt to probe, scan or test the vulnerability of any Extended Family system or network or breach any security or authentication measures;
(f) Attempt to access or search Extended Family or download content from Extended Family using any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Extended Family or other generally available third-party web browsers;
(g) Use Extended Family, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
(h) Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide Extended Family;
(i) Interfere with, or attempt to interfere with, the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing Extended Family;
(j) Collect or store any personally identifiable information from Extended Family from other users of Extended Family without their express permission;
(k) Impersonate or misrepresent your affiliation with any person or entity;
(l) Violate any applicable law or regulation; or
(m) Encourage or enable any other individual to do any of the foregoing.
Extended Family is not obligated to monitor access to or use of Extended Family or to review or edit any content. However, we have the right to do so for the purpose of operating Extended Family, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any content, including User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider it objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects Extended Family. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
8. Links to Third-Party Websites or Resources
Extended Family may allow you to access third-party websites or other resources. We provide access only as a convenience and are not responsible for the content, products, or services on or available from those resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party resources.
9. Termination
We may suspend or terminate your access to and use of Extended Family, including suspending access to or terminating your account, at our sole discretion, at any time and without notice to you. You may cancel your account at any time by sending us an email at [Contact Email]. Upon any termination, discontinuation, or cancellation of Extended Family or your account, the following Sections will survive: 5, 6 (for payments due and owing to Extended Family prior to termination), 7(b), 7(c), 7(e), 8, 10, 11, 12, 13, 14, 15, and 16
10. Warranty Disclaimers
-
EXTENDED FAMILY IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that Extended Family will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of any information or content on Extended Family.
11. Indemnity
You will indemnify and hold Extended Family and its officers, directors, employees, and agents harmless from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of Extended Family, (b) your User Content, or (c) your violation of these Terms.
12. Limitation of Liability
-
(a) TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY, NOR EXTENDED FAMILY’S SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING EXTENDED FAMILY, WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR, WITH REGARD TO EXTENDED FAMILY, DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE EXTENDED FAMILY, IN EACH CASE WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT EITHER PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
-
(b) TO THE MAXIMUM EXTENT PERMITTED BY THE LAW OF THE APPLICABLE JURISDICTION, IN NO EVENT WILL EXTENDED FAMILY’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE EXTENDED FAMILY EXCEED THE AMOUNTS YOU HAVE PAID OR ARE PAYABLE BY YOU TO EXTENDED FAMILY FOR USE OF EXTENDED FAMILY.
-
(c) THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN EXTENDED FAMILY AND YOU.
13. Governing Law and Forum Choice
These Terms and any action related thereto will be governed by the laws of the State of Nevada without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 14 (Dispute Resolution), the exclusive jurisdiction for all Disputes (defined below) that you and Extended Family are not required to arbitrate will be the state and federal courts located in Nevada, and you and Extended Family each waive any objection to jurisdiction and venue in such courts.
14. Dispute Resolution
15. General Terms
(a) Reservation of Rights. Extended Family and its licensors exclusively own all right, title, and interest in and to Extended Family, including all associated intellectual property rights. You acknowledge that Extended Family is protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying Extended Family.
(b) Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between Extended Family and you regarding Extended Family, and these Terms supersede and replace all prior oral or written understandings or agreements between Extended Family and you regarding Extended Family. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without Extended Family’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Extended Family may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
(c) Notices. Any notices or other communications provided by Extended Family under these Terms will be given: (i) via email; or (ii) by posting to Extended Family. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
(d) Waiver of Rights. Extended Family’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Extended Family. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
16. Contact Information
If you have any questions about these Terms or Extended Family, please contact us at welcome@extendedfamily.io .