Terms of Use

Listed below are FAR’s Terms of Use (“Terms”) for its website located at www.findandremind.com (or “Site”). Usage of this Site signifies the User(s)’, which includes but is not limited to individuals, organizations and/or groups, (hereafter referred to as “You” or “User”) acceptance of all Terms set forth herein.  Be sure to check this page periodically for updates, as any continued use of the Site signifies acceptance of any changed items.  The Terms are subject to change by FAR at any time, effective upon posting on the Site, and usage of the Site or its services after such posting will constitute User(s)’ acceptance of such changes.  We will update the “last updated” date when changes are made to our Terms of Use.

PROPER USE OF OUR SITE
Portions of these pages provide Users an opportunity to exchange ideas, documents and information. The ideas, documents and information posted do not necessarily reflect the views of FAR. While using these pages, you agree not to post, transmit or otherwise distribute any material that may be unlawful, obscene, defamatory, threatening, infringing on any copyright or other rights of others, or damaging to software or hardware, or otherwise objectionable content of any kind, including but not limited to any content that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable law.

Although FAR cannot monitor the conduct of Users of the Site, it is also a violation of these Terms of Use to use any information obtained from the Site to harass, abuse, or harm another person, or to contact, advertise to, solicit, or sell to any User without their prior explicit consent. The Site and related services may not be used by any person or organization to recruit, solicit, or contact in any form Users for employment or contracting for a business not affiliated with FAR without express written permission from FAR.

FAR reserves the right, which it may or may not exercise, to review, edit or delete any material that it deems to be inappropriate or in violation of these Terms and to deny access to anyone who violates these Terms.  We may disclose any content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Site or our business; or (iii) to protect the rights or property of FAR, its suppliers, you or other Users of the Site.

The materials posted on these pages by Users, or by FAR may be retrieved solely for your own personal use and may be downloaded to your own hard disk or sent to a printer solely for that purpose.  You may not otherwise copy, modify or distribute the contents of these pages without the express written permission of FAR.

INFORMATION PROVIDED BY USERS
You are responsible for providing accurate, current and complete information in connection with your registration for use of the Site. FAR is not responsible for any claims relating to any inaccurate, untimely or incomplete information provided by Users of the Site.  You also agree to update that information as required to keep it current. You may update any of your account information by clicking on the My Profile button, and select Edit Settings.  By posting or submitting any material to the Site, you represent that you have all necessary rights in and to such material and that such material will not infringe on any personal or proprietary rights of any third parties. You authorize FAR to use and/or authorize others to use such material in any manner or medium.

SMS TEXT MESSAGE ALERT SERVICE
FAR may make an SMS text message alert service to cellular phones and/or mobile devices available to its members.  Use of the SMS text message service is voluntary. By deciding to use this service, you give FAR express permission to send SMS text messages to your cellular phone and/or mobile device. FAR will not have control over or assume any responsibility for the quality, accuracy, or reliability of this service. Users opting for this service will have to check with their carrier if charges apply for receiving SMS text messages. Users of this service are solely responsible for any costs incurred when receiving SMS text message alerts from FAR.

ASSUMPTION OF RISK
You assume all risk when using the Services, including but not limited to all of the risks associated with any online or offline interactions with Users of the website. You agree to take all necessary precautions when interacting with other Users of the website.

YOUR INTERACTIONS WITH OTHER USERS AND/OR CARESEEKERS AND/OR FAMILY HELPERS (“USERS”)

You are solely responsible for your interactions with other Users. You understand that FAR does not conduct criminal background checks on its Users. FAR also does not inquire into the backgrounds of all of its Users or attempt to verify the statements of its Users. FAR makes no representations or warranties as to the conduct of Users.  FAR reserves the right to conduct any criminal background check or other screenings (such as sex offender register searches), at any time and using available public records.

In no event shall FAR be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the service, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other registered Users of this service or persons you meet through this service. You agree to take reasonable precautions in all interactions with other Users of the service, particularly if you decide to meet offline or in person. You understand that FAR makes no guarantees, either express or implied, regarding your ultimate compatibility with individuals you meet through the service. You should not provide your financial information (for example, your credit card or bank account information) to other Users.

MINORS
You must be at least 13 years of age to use this Site.  If you are at least 13 but not yet 18 you may use the Site only with the permission and involvement of a parent or guardian.  We will not knowingly collect any information from children under the age of 13.  If we learn that we have collected personal information from a child under age 13, we will delete that information as quickly as possible. If you believe that we might have any information from a child under age 13, please contact us at support@findandremind.com.

We recommend that parents create a sub-account for their children who are not yet 18 years old who wish to make use of the social calendar planning for their personally formed groups and that those accounts be monitored by the parent or legal guardian of the minor.  We strongly recommend that minors 13 years of age or older ask their parent’s permission before sending any information about themselves to anyone over the Internet and we encourage parents to teach their children about safe Internet use practices.

ELIGIBILITY FOR EMPLOYMENT SEEKING AND/OR CARE RELATED SERVICES
FAR provides a platform for care seekers to look for Family Helpers of various child and home-related services.  FAR does not warrant the representations of care seekers or Family Helpers.  FAR’s section of its website is restricted to individuals and companies that can form legally binding contracts under applicable law.  Without limiting the foregoing, these services are not available to persons under the age of eighteen (18) or to anyone who may not legally work within the jurisdiction of theUnited States.  This Site is currently available only toUnited States citizens and/or any individuals who are legally in the jurisdiction of theUnited States and may legally work within its jurisdiction.

By requesting to use, registering to use and/or using the Site for purposes of seeking services or employment, you represent and warrant that you and each member of your household (a) have never been the subject of a complaint, restraining order or any other legal action involving, arrested for, charged with, or convicted of any felony, any criminal offense involving violence, abuse, neglect, fraud or larceny, or any offense that involves endangering the safety of others, and (b) have not been and are not currently required to register as a sex offender with any government entity.

THIRD PARTY SITES
Links to other websites operated by third parties, including FAR’s suppliers and vendors, do not constitute sponsorship, endorsement, or approval by FAR of the content, policies, or practices of such linked sites. Linked websites are not operated, controlled, or maintained by FAR, and FAR is not responsible for the availability, content, security, policies, or practices of linked websites, including without limitation privacy policies and practices. Links to other websites are provided for your convenience only, and you access them at your own risk.

Unless otherwise set forth in a written agreement between you and FAR, you may link your Website to the home page of our Site provided that (i) any link to FAR’s Site must be a text only link and clearly marked that the User will be taken to the www.findandremind.com website, (ii) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with FAR’s name, trademarks, and certification marks, (iii) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with FAR, (iv) when selected by a User, the link must display the FAR Site on full-screen and not within a “frame” on the linking Site, and (v) FAR reserves the right to revoke its consent to use and placement of the link at any time and at its sole discretion.

BILLING AND PAYMENT POLICY. Findandremind reserves the right, at any time, to modify its fees and/or billing methods. Upon registration for a paid membership, User agrees to pay Findandremind at the prices then in effect, and User authorizes Findandremind to charge its chosen payment provider in connection therewith. Findandremind reserves the right to correct any payment errors even if it has already requested and/or received payment. While use of the Site may be free for individual care providers, some services, including without limitation consumer reports, may be offered for a fee.

Findandremind may use third party payment processing services to process credit card information. While Findandremind will use commercially reasonable efforts to protect the privacy of all personal and financial information, Findandremind expressly disclaims any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages, arising from and/or in any way related to Findandremind’s use of third party payment processing services, including without limitation for any damage that may result should any such information be released to any third parties. For further information about Findandremind’s use of payment processing services, please contact Findandremind by email at support@findandremind.com

Findandremind may offer limited-time, free trial memberships or other promotions from time to time. If User continues their membership after the end of the free trial or promotional period, User will be charged the price then in effect for a monthly membership to the site. To avoid such charges, Users with free trial or promotional memberships must cancel their membership prior to the end of the free trial or promotional period.

Renewal and CancellationMemberships and some paid features (“Features”) may be automatically extended for successive renewal periods of the same duration as the membership and/or Feature term originally selected. Findandremind may continue to renew memberships and/or Features until User requests a cancellation. To cancel a membership and/or Feature, User may contact Findandremind by email at support@findandremind.com or by changing User’s account settings. If User cancels its membership and/or Feature, User will have access to the membership benefits until the end of the then-current membership and/or Feature term; the membership and/or Feature will not be renewed after that term expires. User will not be eligible for a refund of any portion of the membership and/or Feature fees paid for the then-current membership and/or Feature period. Findandremind is not responsible for and will not reimburse any fees incurred by Users from their bank or other financial institution, including without limitation overdraft charges, insufficient funds charges, interest charges, or finance charges, which may have occurred as a result of charges billed by Findandremind.

DISCLAIMER OF WARRANTY, LIMITATION OF LIABILITY, AND RELEASE
The site, and all its contents, is provided to you “AS IS.” FAR makes no warranties or representations, express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, non-infringement of the rights of third parties, data accuracy, or quiet enjoyment.  FAR does not guarantee, warrant or make any representations regarding the accuracy of information found on the site. Your reliance on information found on the site is at your own risk.  We undertake no obligation to verify or maintain the accuracy of such information.  FAR disclaims any liability whatsoever for any misstatements, content posted and/or misrepresentations made by any Users of the site.  Under no circumstances will FAR or any others involved in creating the site and its contents be liable for any damages or injury, including any direct, indirect, incidental, special, consequential, punitive or other damages resulting from any circumstance involving the site or its content (including but not limited to damages or injury caused by error, omission, interruption, defect, denial of service attacks, increased or fluctuating demand, actions and omissions of third parties, failure of performance, unauthorized access to your personal information, misdirected or redirected transmissions, periodic system maintenance, scheduled or unscheduled, acts of god, technical failure of the software, telecommunications infrastructure, or delay or disruption attributable to viruses, failed internet connections, unauthorized use of this site, lost data, delay in operation or transmission, breach of security, line failure, defamatory, offensive or illegal conduct of any User of this site, or computer virus, worm, Trojan horse or other harmful component), even if you have advised FAR in advance of the possibility of such damage.

Applicable law may not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations or exclusions may not apply to you.  However, in no event shall FAR’s aggregate liability to you or any third party for damages, losses, and causes of action exceed the amount paid by you, if any, for accessing this Site or $50.00, whichever is lesser. You agree to bring any and all actions within one year from the date of the accrual of the cause of action, and that actions brought after this date will be time barred.

RELEASE/INDEMNIFICATION
You agree to defend, indemnify, and hold harmless FAR, its officers, directors, employees, agents, licensors, suppliers and vendors, and their respective affiliates and related entities and agents from and against any and all claims, losses, damages, liabilities, and costs (including but not limited to reasonable attorneys’ fees, court costs, and costs incurred by FAR in connection with any claim by a third party (including an intellectual property claim) arising out of (i) materials and content you submit, post or transmit through the Site, or (ii) use of the Site in violation of the Terms of Use or any applicable law. Users further agree that they will cooperate as reasonably required in the defense of such claims. FAR reserve the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Users, and Users shall not, in any event, settle any claim or matter without the written consent of FAR. Users further agree to hold harmless FAR from any claim arising from a third party’s use of information or materials of any kind that Users post to the Site.

Care seekers (“Care Seeker”) may hire or otherwise interact with other types of care and Family Helpers (“Family Helper”) through the use of the Site.  In the event that a Care Seeker and a Family Helper agree on the provision of services such agreement is solely between them; FAR is not a party to any such agreement. Any issues concerning the services received by the Care Seeker or payment due to the Family Helper must be resolved directly by and between those parties. FAR will not be held responsible and expressly disclaims any liability whatsoever for any claims, demands or damages direct or indirect of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such issues. By using this Site, you do hereby represent, understand, and expressly agree to hold FAR harmless for any claim or controversy that may arise from any disputes between you and any other User(s) of the Site.

In the event that you have a dispute with FAR, you release FAR (and our officers, directors, agents, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. 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 favor at the time of executing the release, which if known by him must have materially altered his settlement with the debtor.”

MEMBER DISPUTES

You are solely responsible for your interactions with other findandremind.com users. FAR reserves the right, but has no obligation, to monitor disputes between you and other Users.

EXCLUSIVE USE
Your account is for your sole, personal use, you may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity.  You are responsible for maintaining the confidentiality of your account information, including your password, and for all activity that occurs under your account.  You agree to notify us immediately of any unauthorized use of your account or password, or any other breach of security.

NOTICES
You consent to receive electronic communications from us, whether addressed to the e-mail address associated with your account or posted on the Site.  You acknowledge and agree that any communication by e-mail or by posting on this Site satisfies any legal requirement that such communications be made in writing.

PRIVACY
FAR will only use the information you provide on the Site in accordance with our Privacy Policy.  For more information, see our full Privacy Policy http://www2.findandremind.com/helpful/privacy-policy/.

COPPA COMPLIANCE
Parent Users and Family Helpers should monitor children’s use of the Internet.  FAR will not knowingly collect any information from children under 13.  You must identify your age during the registration process. FAR takes the Children’s Online Privacy Protection Act of 1998 (COPPA) as well as all FTC regulations very seriously.  That being said, we do not assume any responsibility for any misrepresentations regarding your age or parental consent when using this Site. Should we determine that you provided any false information to us when using this Site, your membership will be terminated immediately.

THIRD PARTY VERIFICATION SERVICE
The FAR site may contain links and/or advertisements for third-party verification services to which Care Seekers and Family Helpers may elect to use to verify information such as, but not limited to, name, address, social security number, and criminal background.  Use of a third-party verification service is voluntary.  If you decide to use or access information provided by a third-party verification service that advertises or for which there is a link on the Site, you do hereby represent, understand and expressly agree that FAR does not have control over or assume any responsibility for the quality, accuracy, or reliability of the information or services provided by any third-party verification service.

If you decide to access, use, or share information provided by a third-party verification service with any other party (either through this Site or otherwise), you agree to do so in accordance with applicable law and to indemnify and hold harmless FAR from any loss, liability, damage, or costs that may result from such access, use, or sharing of this information regardless of the cause. FAR does not assume and expressly disclaims any liability that may result from the use of information provided by a third-party verification service.

NOTICE OF INTELLECTUAL PROPERTY RIGHTS
The service marks and trademarks “findandremind.com”, its logo, artistic design and text present on the website is intellectual property owned by FAR.  Any other trademarks, service marks, logos and/or trade names appearing on the Site are the property of their respective owners. Users acknowledge the rights of FAR and the respective third parties in those marks.  Users may not copy or use any of FAR’s marks, logos, trade names or intellectual property belonging to FAR without its express prior written permission.

If you believe that your rights under United States or international copyright laws are being violated by any content posted on or transmitted through the Site, please contact us promptly so that we may investigate the situation and, if appropriate, block or remove the offending content and/or advertisements. It is our policy to disable access to infringing materials, and to terminate access of repeat infringers to the Site. In order for us to investigate your claim of infringement, you must provide us with a notice containing: 1) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; 2) A description of the copyrighted work or other intellectual property that you believe has been infringed; 3) A description of where the material that you claim is infringing is located or identified on the Site (including the URL); 4) Your name, address, telephone number, and e-mail address; 5) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and 6) A statement by you, made under penalty of perjury, that the information submitted to FAR is accurate and that you are the owner of the copyright or intellectual property or authorized to act on behalf of the owner of the copyright or intellectual property.  The above information should be provided to FAR’s copyright agent via email at support@findandremind.com.

MISCELLANEOUS
The headings and captions in these Terms are intended for convenience only and shall in no way affect the interpretation of the Terms.  Nothing in these Terms shall be construed as making either party the partner, joint venturer, agent, legal representative, employer, contractor or employee of the other.  Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound.  These Terms are binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto.

These pages are controlled and operated by FAR in theUnited Statesand are intended for use within theUnited States. FAR makes no representation that materials on these pages are appropriate or available for use in other locations. Those who choose to access these pages from other locations do so on their own initiative and are responsible for compliance with local laws.

VIOLATIONS AND ADDITIONAL TERMS
FAR reserves the right in its sole discretion to seek all remedies available at law and in equity for violations of these Terms, including suspending or blocking your access to all or part of the Site, to remove your profile and/or any content posted by or about you from the Site, and/or to terminate your membership in FAR, for any reason or no reason, with or without notice. Following any termination of any member’s use of the Site, FAR reserves the right to send a notice thereof to other members which whom you have corresponded.  Please see our Privacy Policy for our policies regarding privacy, which is incorporated herein by reference.

FAR reserves the right in its sole discretion to restrict the number of emails which a User may send to other Users in any 24-hour period and to block Users from certain IP addresses from accessing the Site at any time in its sole.

NO WAIVER
No delay or failure by FAR to enforce any of the Terms shall constitute a waiver of any of its rights under these Terms. Neither the receipt of any funds by FAR nor the reliance of any person on our actions shall be deemed to constitute a waiver of any part of these Terms. Only a specific, written waiver signed by an authorized representative of FAR shall have any legal effect.

SEVERABILITY
If any clause or provision set forth in these Terms is determined to be illegal, invalid or unenforceable under present or future law, the clause or provision shall be deemed to be deleted without affecting the enforceability of all remaining clauses or provisions.

ARBITRATION, JURISDICTION AND GOVERNING LAW

Arbitration Agreement. The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof), the Service, or the Website shall be BINDING ARBITRATION administered by the American Arbitration Association. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against FAR in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against FAR any class action, class arbitration, or other representative action or proceeding.

Notice of Rights. By using the Website or the Service in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and FAR (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, please email us at support@findandremind.com to request our Arbitration Procedures.

Court Proceedings. Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against FAR (except for small-claims court actions) may be commenced only in the federal or state courts located inLos Angeles County,California. You hereby irrevocably consent to the jurisdiction of those courts for such purposes agree to submit to the personal jurisdiction and venue of the courts of the State ofCalifornia for any legal proceeding or dispute involving the Site, regardless of who initiated the proceeding.

Governing Law. This Agreement, and any dispute between you and FAR, shall be governed by the laws of the state of California without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act. Any disputes arising under or related to these Terms and/or the Privacy Policy or to this Site will be governed byU.S. federal law and the laws of the State ofCalifornia, without reference to its conflict of law principles.

CONTACT INFORMATION
If you have any questions regarding our Terms of Use statement or FAR, please contact us by sending an email to:  support@findandremind.com, calling our corporate office at 213-341-2355, or writing to us at 4470 W. Sunset Blvd STE 188,Los Angeles,CA 90027.

If you do not agree with these Terms, do not use the web pages hosted by findandremind.com.

© 2011 findandremind. All Rights Reserved. Last Revised 9-25-12.

 

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