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Home > Terms of Use - Privacy Policy
Terms of Use - Privacy Policy1. ACCEPTANCE OF TERMS
Restoring Family provides a collection of online resources, including ads,
forums, and various counseling services, (referred to hereafter as "the
Service") subject to the following Terms of Use ("TOU"). By using the Service in
any way, you are agreeing to comply with the TOU. In addition, when using
particular Restoring Family services, you agree to abide by any applicable
posted guidelines for all Restoring Family services, which may change from time
to time. Should you object to any term or condition of the TOU, any guidelines,
or any subsequent modifications thereto or become dissatisfied with Restoring
Family in any way, your only recourse is to immediately discontinue use of
Restoring Family.
2. CONTENT
You understand that all postings, messages, text, files, images, photos,
video, sounds, or other materials ("Content") posted on, transmitted through, or
linked from the Service, are the sole responsibility of the person from whom
such Content originated. More specifically, you are entirely responsible for
each individual item ("Item") of Content that you post, email or otherwise make
available via the Service. You understand that Restoring Family does not
control, and is not responsible for Content made available through the Service,
and that by using the Service, you may be exposed to Content that is inaccurate,
misleading, or otherwise objectionable. Furthermore, the Restoring Family site
and Content available through the Service may contain links to other websites,
which are completely independent of Restoring Family. Restoring Family makes no
representation or warranty as to the accuracy, completeness or authenticity of
the information contained in any such site. Your linking to any other webites is
at your own risk. You agree that you must evaluate, and bear all risks
associated with, the use of any Content, that you may not rely on said Content,
and that under no circumstances will Restoring Family be liable in any way for
any Content or for any loss or damage of any kind incurred as a result of the
use of any Content posted, emailed or otherwise made available via the Service.
You acknowledge that Restoring Family shall have the right (but not the
obligation) in its sole discretion to refuse, delete or move any Content that is
available via the Service, for violating the letter or spirit of the TOU or for
any other reason.
3. THIRD PARTY CONTENT, SITES, AND SERVICES
The Restoring Family site and Content available through the Service may
contain features and functionalities that may link you or provide you with
access to third party content which is completely independent of Restoring
Family, including web sites, directories, servers, networks, systems,
information and databases, applications, software, programs, products or
services, and the Internet as a whole.
Your interactions with organizations and/or individuals found on or through
the Service, including payment and delivery of goods or services, and any other
terms, conditions, warranties or representations associated with such dealings,
are solely between you and such organizations and/or individuals. You should
make whatever investigation you feel necessary or appropriate before proceeding
with any online or offline transaction with any of these third parties.
You agree that Restoring Family shall not be responsible or liable for any
loss or damage of any sort incurred as the result of any such dealings. If there
is a dispute between participants on this site, or between users and any third
party, you understand and agree that Restoring Family is under no obligation to
become involved. In the event that you have a dispute with one or more other
users, you hereby release Restoring Family, its officers, employees, agents and
successors in rights from claims, demands and damages (actual and consequential)
of every kind or nature, known or unknown, suspected and unsuspected, disclosed
and undisclosed, arising out of or in any way related to such disputes and / or
our service. 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 affected his settlement
with the debtor."
4. PRIVACY AND INFORMATION DISCLOSURE
Restoring Family has established a Privacy Policy to explain to users how
their information is collected and used:
Protecting your privacy
We don't share your information with third parties for marketing purposes.
We don't engage in cross-marketing or link-referral programs with other
sites.
We don't employ tracking devices for marketing purposes ("cookies", "web
beacons," single-pixel gifs).
We don't send you unsolicited communications for marketing purposes.
Data we collect
We sometimes collect your email address, for purposes such as sending
self-publishing and confirmation emails, authenticating user accounts, providing
subscription email services, registering for forums, etc.
We may collect personal information if you provide it in feedback or comments,
post it on our interactive forums, or if you contact us directly. Please do not
post any personal information on Restoring Family's forums or classifieds that
you expect to keep private.
Data we store
All classified and forum postings are stored in our database, even after
"deletion," and may be archived elsewhere.
Our web logs and other records are stored indefinitely.
Although we make good faith efforts to store the information in a secure
operating environment that is not available to the public, we cannot guarantee
complete security.
Circumstances in which Restoring Family may release information
Restoring Family may disclose information about its users if required to do
so by law or in the good faith belief that such disclosure is reasonably
necessary to respond to subpoenas, court orders, or other legal process.
5. CONDUCT
You agree not to post, email, or otherwise make available Content:
a) that impersonates any person or entity, including, but not limited to, a
Restoring Family employee, or falsely states or otherwise misrepresents your
affiliation with a person or entity (this provision does not apply to Content
that constitutes lawful non-deceptive parody of public figures.);
b) that is false, deceptive, misleading, or deceitfut.
c) that infringes any patent, trademark, trade secret, copyright or other
proprietary rights of any party, or Content that you do not have a right to make
available under any law or under contractual or fiduciary relationships;
d) that constitutes or contains "affiliate marketing," "link referral code,"
"junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited
commercial advertisement;
e) that constitutes or contains any form of advertising or solicitation if:
posted in areas of the Restoring Family sites which are not designated for such
purposes; or emailed to Restoring Family users who have not indicated in writing
that it is ok to contact them about other services, products or commercial
interests.
f) that includes links to commercial services or web sites, except as allowed
in "services";
g) that contains software viruses or any other computer code, files or
programs designed to interrupt, destroy or limit the functionality of any
computer software or hardware or telecommunications equipment;
h) that disrupts the normal flow of dialogue with an excessive amount of
Content (flooding attack) to the Service, or that otherwise negatively affects
other users' ability to use the Service.
i) that employs misleading email addresses, or forged headers or otherwise
manipulated identifiers in order to disguise the origin of Content transmitted
through the Service.
j) contact anyone who has asked not to be contacted;
k) "stalk" or otherwise harass anyone;
l) collect personal data about other users for commercial or unlawful
purposes;
m) use automated means, including spiders, robots, crawlers, data mining
tools, or the like to download data from the Service.
n) attempt to gain unauthorized access to Restoring Family's computer systems
or engage in any activity that disrupts, diminishes the quality of, interferes
with the performance of, or impairs the functionality of, the Service or the
Restoring Family website.
6. LIMITATIONS ON SERVICE
You agree that Restoring Family has no responsibility or liability for the
deletion or failure to store any Content maintained or transmitted by the
Service. You acknowledge that Restoring Family reserves the right at any time to
modify or discontinue the Service (or any part thereof) with or without notice,
and that Restoring Family shall not be liable to you or to any third party for
any modification, suspension or discontinuance of the Service.
You may create a hyperlink to the home page of Restoring Family sites so long
as the link does not portray Restoring Family, its employees, or its affiliates
in a false, misleading, derogatory, or otherwise offensive matter.
7. TERMINATION OF SERVICE
You agree that Restoring Family, in its sole discretion, has the right (but
not the obligation) to delete or deactivate your account, block your email or IP
address, or otherwise terminate your access to or use of the Service (or any
part thereof), immediately and without notice, and remove and discard any
Content within the Service, for any reason, including, without limitation, if
Restoring Family believes that you have acted inconsistently with the letter or
spirit of the TOU. Further, you agree that Restoring Family shall not be liable
to you or any third-party for any termination of your access to the Service.
Further, you agree not to attempt to use the Service after said termination.
8. PROPRIETARY RIGHTS
The Service is protected to the maximum extent permitted by copyright laws
and international treaties. Content displayed on or through the Service is
protected by copyright as a collective work and/or compilation, pursuant to
copyrights laws, and international conventions. Any reproduction, modification,
creation of derivative works from or redistribution of the site or the
collective work, and/or copying or reproducing the sites or any portion thereof
to any other server or location for further reproduction or redistribution is
prohibited without the express written consent of Restoring Family. You further
agree not to reproduce, duplicate or copy Content from the Service without the
express written consent of Restoring Family, and agree to abide by any and all
copyright notices displayed on the Service. You may not decompile or
disassemble, reverse engineer or otherwise attempt to discover any source code
contained in the Service. Without limiting the foregoing, you agree not to
reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes,
any aspect of the Service
Although Restoring Family does not claim ownership of content that its users
post, by posting Content to any public area of the Service, you automatically
grant, and you represent and warrant that you have the right to grant, to
Restoring Family an irrevocable, perpetual, non-exclusive, fully paid, worldwide
license to use, copy, perform, display, and distribute said Content and to
prepare derivative works of, or incorporate into other works, said Content, and
to grant and authorize sublicenses (through multiple tiers) of the foregoing.
Furthermore, by posting Content to any public area of the Service, you
automatically grant Restoring Family all rights necessary to prohibit any
subsequent aggregation, display, copying, duplication, reproduction, or
exploitation of the Content on the Service by any party for any purpose.
9. DISCLAIMER OF WARRANTIES
YOU AGREE THAT USE OF THE RESTORING FAMILY SITE AND THE SERVICE IS ENTIRELY
AT YOUR OWN RISK. THE RESTORING FAMILY SITE AND THE SERVICE ARE PROVIDED ON AN
"AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. TO THE
FULLEST EXTENT PERMITTED BY LAW, RESTORING FAMILY DISCLAIMS ANY WARRANTIES FOR
THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE
RESTORING FAMILY SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW,
RESTORING FAMILY DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED
THROUGH OR ADVERTISED ON THE RESTORING FAMILY SITE OR THE SITES OR SERVICE, OR
ACCESSED THROUGH ANY LINKS ON THE RESTORING FAMILY SITE. TO THE FULLEST EXTENT
PERMITTED BY LAW, RESTORING FAMILY DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER
HARMFUL COMPONENTS IN CONNECTION WITH THE RESTORING FAMILY SITE OR THE SERVICE.
10. LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL RESTORING FAMILY BE LIABLE FOR DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF RESTORING
FAMILY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY
ASPECT OF YOUR USE OF THE RESTORING FAMILY SITE OR THE SERVICE, WHETHER THE
DAMAGES ARISE FROM USE OR MISUSE OF THE RESTORING FAMILY SITE OR THE SERVICE,
FROM INABILITY TO USE THE RESTORING FAMILY SITE OR THE SERVICE, OR THE
INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE
RESTORING FAMILY SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH
RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED
THROUGH OR ADVERTISED IN CONNECTION WITH THE RESTORING FAMILY SITE OR THE
SERVICE OR ANY LINKS ON THE RESTORING FAMILY SITE, AS WELL AS BY REASON OF ANY
INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE
RESTORING FAMILY SITE OR THE SERVICE OR ANY LINKS ON THE RESTORING FAMILY SITE.
THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
11. INDEMNITY
You agree to indemnify and hold Restoring Family, its officers, subsidiaries,
affiliates, successors, assigns, directors, officers, agents, service providers,
suppliers and employees, harmless from any claim or demand, including reasonable
attorney fees and court costs, made by any third party due to or arising out of
Content you submit, post or make available through the Service, your use of the
Service, your violation of the TOU, your breach of any of the representations
and warranties herein, or your violation of any rights of another.
12. GENERAL INFORMATION
The TOU constitute the entire agreement between you and Restoring Family and
govern your use of the Service, superceding any prior agreements between you and
Restoring Family. The TOU and the relationship between you and Restoring Family
shall be governed by the laws of the State of California without regard to its
conflict of law provisions. You and Restoring Family agree to submit to the
personal and exclusive jurisdiction of the courts located within the county of
San Francisco, California. The failure of Restoring Family to exercise or
enforce any right or provision of the TOU shall not constitute a waiver of such
right or provision. If any provision of the TOU is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that the court should
endeavor to give effect to the parties' intentions as reflected in the
provision, and the other provisions of the TOU remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or
cause of action arising out of or related to use of the Service or the TOU must
be filed within one (1) year after such claim or cause of action arose or be
forever barred.
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