[Doc. #7] Effective date: January 19, 2017
TERMS OF USE
These Terms of Use (these "Terms") constitute an agreement between you and Relationships First, Inc.
(“we,”“our,” “us”) and govern your use of our website at www.relationshipsfirst.org (the “Site”), our mobile
application(s) (the “App”) and any other programs, presentations, information, materials, products or services that
we may offer from time to time by means of the Site or the App (collectively, together with the Site and the App, the
“Services”).
By using the Services, you acknowledge that you have read, understood, and agree to be bound by and comply with
these Terms.
1.
DISCLAIMERS. ALL OF THE CONTENT AVAILABLE BY MEANS OF THE SERVICES, INCLUDING
TEXT, IMAGES, VIDEO, PODCASTS, BOOKS AND OTHER MATERIALS, WHETHER AVAILABLE
DIRECTLY ON THE SERVICES, DOWNLOADED OR PURCHASED FROM THE SERVICES, OR
ACCESSED BY A LINK (“LINKED CONTENT”) ON THE SERVICES (COLLECTIVELY, “CONTENT”),
IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. NONE OF THE CONTENT IS MEANT AS
MEDICAL ADVICE OR TO SUBSTITUTE FOR IN-PERSON TREATMENT OR THERAPY FROM A
QUALIFIED PHYSICIAN, PSYCHOTHERAPIST OR OTHER HEALTHCARE PROVIDER. IF YOU HAVE
A HEALTH-RELATED EMERGENCY, SEEK IMMEDIATE MEDICAL ATTENTION. WE DO NOT
RECOMMEND OR ENDORSE SPECIFIC THERAPISTS, PRODUCTS, PROCEDURES, OPINIONS, OR
OTHER INFORMATION THAT MAY BE INCLUDED IN THE CONTENT, INCLUDING IN ANY
LINKED CONTENT. ALTHOUGH WE SEEK TO PROVIDE USEFUL INFORMATION FROM RELIABLE
SOURCES, WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY
OR EFFECTIVENESS OF ANY OF THE CONTENT. IF WE INCLUDE LISTINGS FOR WORKSHOPS OR
OTHER PROGRAMS OFFERED BY THIRD PARTY PROVIDERS, BE ADVISED THAT WE ARE NOT
RESPONSIBLE FOR, AND DO NOT ENDORSE, THE CONTENT OF SUCH PROGRAMS OR
WORKSHOPS OR SUCH THIRD PARTY PROVIDERS. YOU ASSUME ALL RESPONSIBILITY AND
RISK FOR YOUR USE OF THE SERVICES AND THE CONTENT. WE DO NOT WARRANT THAT THIS
OR ANY WEBSITES TO WHICH WE LINK, OR THEIR SERVERS OR EMAIL SENT FROM SUCH
WEBSITES, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICES ARE
PROVIDED "AS IS" WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE, NON-INFRINGEMENT, OR IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
2.
WHO MAY USE THE SERVICES. The Site and the App are intended for use only by adults. You must be
at least 13 to use either the Site or the App.
3.
WHAT’S NOT ALLOWED. When using the Services, you agree that you will not:
(a) violate any applicable federal, state or local laws, ordinances and regulations;
(b) submit or upload any content or materials (“Your Information”), if and when we provide the
opportunity for you to do so on the Services, whether by means of a chatroom or other forum, as a
comment to a blog, or otherwise, which (i) are unlawful, deceptive, misleading, false, harmful,
fraudulent, threatening, harassing, discriminatory, libelous, defamatory, vulgar, pornographic, obscene
or otherwise reasonably objectionable, (ii) invade another person’s rights of privacy or publicity, (iii)
infringe or violate any intellectual property right (“Intellectual Property Right”), including patent,
trademark, service mark, trade secret, copyright or other proprietary rights of any third party, or (iv)
include any personal information, including names or email addresses, pertaining to someone else;
(c) impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person
or entity, or include intentional inaccuracies in Your Information, including when you register on the
Services;
(d) violate or attempt to violate the security of the Services; or
(e) infringe or violate any Intellectual Property Right or other rights of ours or our affiliates or principals.
4.
WHO OWNS WHAT. We and/or our principals, affiliates or licensors, as applicable, own the Services, any
and all Content (other than Linked Content on third party websites), software and other technology, and the
contents, design, layout, functions and appearance of the Services, including all Intellectual Property Rights
inherent in or appurtenant to the Services. You represent and warrant to us that you own all Intellectual
Property Rights in Your Information, if applicable. By submitting Your Information (if and when we offer you
the opportunity to do so on the Services), you automatically grant us a non-exclusive, royalty-free, worldwide,
perpetual, irrevocable right and license to use Your Information in connection with the Services, for
promotional or research purposes, and otherwise in ways consistent with our mission and privacy policy. We
may, but have no obligation to, monitor, review or edit, any of Your Information or any other third party
Content on the Services, and we take no responsibility for any such materials. “Relationships First” is a
registered trademark of Relationships First, Inc. “Safe Conversations,” “Zero Negativity Challenge” and “ZN
Challenge” are registered trademarks of Helen LaKelly Hunt and Harville Hendrix, used under license. Any
other logos, taglines, trademarks or servicemarks on the Services are our trademarks and/or those of our
principals, affiliates or licensors. You may not reproduce or use any of these trademarks without permission.
5.
YOUR PRIVACY. Your use of the Services is subject to our privacy policy. The provisions of our privacy
policy are incorporated into these Terms. By using the Services, you acknowledge and consent to our
collection, sharing and use of information as set forth in the privacy policy.
6.
INDEMNITY. You agree to indemnify and defend us and our affiliates and principals, and the respective
officers, directors, owners, contractors, agents and licensors of the foregoing (collectively, the "Indemnified
Parties") and hold the Indemnified Parties harmless from and against any and all liability and costs, including
reasonable attorneys' fees, incurred by the Indemnified Parties in connection with Your Information, your use of
the Content, or any breach by you of these Terms. We reserve the right, at our own expense, to assume the
exclusive defense and control of any matter subject to indemnification by you.
7.
LIMITATIONS OF LIABILITY. IN NO EVENT SHALL WE OR OUR AFFILIATES OR PRINCIPALS
BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY, SPECIAL OR
CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE
OF OR INABILITY TO USE THE SERVICES. THE AGGREGATE LIABILITY OF US AND/OR OUR
AFFILIATES AND PRINCIPALS FOR ANY DAMAGES OF ANY KIND IN CONNECTION WITH THE
SERVICES SHALL BE LIMITED TO THE LESSER OF (A) THE AMOUNT, IF ANY, YOU HAVE PAID
TO US IN CONNECTION WITH THE MATTER GIVING RISE TO SUCH LIABILITY, OR (B) IF YOU
HAVE NOT MADE ANY PAYMENT, THE AMOUNT OF $50. SOME STATES OR JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES AND THUS CERTAIN LIMITATIONS ABOVE MAY NOT APPLY TO YOU.
IF THIS LIMITATION OF LIABILITY OR THE EXCLUSION OF WARRANTY SET FORTH ABOVE IS
HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, OUR MAXIMUM LIABILITY FOR
ANY TYPE OF DAMAGES SHALL BE LIMITED TO $50.
8.
CHANGES TO THESE TERMS. We may modify these Terms at any time by posting changes on the
Services; however, (i) these changes will only become effective and binding with respect to you after we
provide notice on the Services that these Terms have changed, and you first use the Services following the date
of such posting, and (ii) the changes will only apply with respect to your use of the Services after such changes
become effective. If at any time you find these Terms unacceptable and do not agree with them, you thereafter
will have no right to use or access the Services.
9.
DIGITAL MILLENNIUM COPYRIGHT ACT. If you believe that the Services contain content that
infringes on your copyright, please forward the following information by email to [email protected]
or by postal mail to Pomeroy Law Group PLLC, Attention: Relationships First, 54 W. 40th St., New York NY
10018.
•
Your address, telephone number, and email address;
•
A description of the copyrighted work that you claim has been infringed;
•
A description of where the alleged infringing material is located;
•
A statement by you that you have a good faith belief that the disputed use is not authorized by
you, the copyright owner, its agent, or the law;
•
An electronic or physical signature of the person authorized to act on behalf of the owner of the
copyright interest; and
•
A statement by you, made under penalty of perjury, that the above information in your notice is
accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
10. MISCELLANEOUS. No joint venture, partnership, employment or agency relationship exists between you
and us as a result of these Terms or your use of the Services. The person accepting these Terms on behalf of
each party represents and warrants that he or she has been duly authorized by that party to accept the Agreement
and thereby bind it to these terms. These Terms will be effective as of the date accepted by you. These Terms
represent the entire agreement between you and us with respect to the subject matter hereof, and supersede any
and all prior understandings, statements or representations, whether electronic, oral or written, regarding such
subject matter. We may assign these Terms at its discretion. You may not assign these Terms. No waiver of any
obligation or right of either party will be effective unless in writing, executed by the party against whom it is
being enforced. These Terms will be governed by the laws of the United States of America and the State of
New York, without regard to conflict of laws rules. The parties consent to have any action or dispute between
them resolved exclusively within the jurisdiction of the state or federal courts located in the State of New York.
In addition to money damages, we shall be entitled to seek equitable relief where appropriate if you breach any
of these Terms. These Terms are severable and may be construed to the extent of their enforceability in light of
the parties' mutual intent. The headings in these Terms are for convenience only and are not to be considered in
construing it. All references in the Terms to “including” shall be deemed to mean, “including, but not limited
to.” We will send any notices that are intended for you personally and not all users of the Services to the most
recent email address we have on file for you. Any notice from you to us should be sent to Pomeroy Law Group
PLLC, Attention: Relationships First, 54 W. 40th St., New York NY 10018.