Effective Date: September 1, 2017
FamilyEmbrace, LLC (“Company”, “us” or “we”) owns and operates the FamilyEmbrace website and mobile applications as an online community (“Service”) to facilitate communication between a loved one, their family and their friends during difficult life transitions. Service providers are third-party entities that provide various forms of support to our Service. By using our Service, you understand and agree to the following Terms of Use.

Users
Site Facilitator. Site Facilitators are responsible for the creation, operation and maintenance of a FamilyEmbrace community. Site Facilitators may create, operate and maintain a FamilyEmbrace community for themselves, a family member or a friend. Site Administrators must be at least 18 years of age to create or maintain a FamilyEmbrace community.

As a Site Facilitator, you must have permission to create a FamilyEmbrace community on behalf of someone else. If they are not able to provide permission due to their age, e.g., a minor child, or circumstances, e.g., incapacitation, you must be authorized to act on behalf of the person for whom the FamilyEmbrace community is created or have the permission of a person authorized to act on that person’s behalf.

As a Site Facilitator, you are responsible for the content you post on the FamilyEmbrace community. Should content you post be deemed inappropriate by Company, that content will be removed from the FamilyEmbrace community. Further, you agree to release, indemnify and hold harmless Company, its successors, employees, service providers, grantees and assigns from and for any and all liabilities, claims actions or causes of action arising from the use of our Service, except for Company’s gross negligence, which said release, indemnification and hold harmless shall survive at all times, forever and into the future.

Community Member. Community Members are the family and friends of a loved one who have joined the FamilyEmbrace community of said loved one. Since the FamilyEmbrace communities are private, Community Members must be invited to join the FamilyEmbrace community by the Site Facilitator. You must be at least 13 years of age to register as a Community Member.

As a Community Member, you are responsible for the content you post on the FamilyEmbrace community. Should content you post be deemed inappropriate by the Site Facilitator or Company, that content will be removed from the FamilyEmbrace community by Company. Further, you agree to release, indemnify and hold harmless Company, its successors, employees, service providers, grantees and assigns from and for any and all liabilities, claims actions or causes of action arising from the use of our Service, except for Company’s gross negligence, which said release, indemnification and hold harmless shall survive at all times, forever and into the future.

As a Site Facilitator or a Community Member, you may not use the password of any other person to access the Service. You are responsible for maintaining the confidentiality of your password and may not let any other person use it to access the Service. If someone else uses your password to gain access to a FamilyEmbrace community, you are solely responsible for the activities of that person, even if their activities were not authorized by you. You must notify us at customerservice@familyembrace.com immediately of any unauthorized use of your password. In addition, if you believe or suspect your password has been compromised, you must promptly change your password using the functionality provided by the Service.

Maintenance of FamilyEmbrace Communities and User Access
Deletion of FamilyEmbrace Community and/or Revocation of a User’s Access. Company may, with or without prior notice, delete your FamilyEmbrace community or revoke a user’s access to a FamilyEmbrace community. Possible causes of deletion of a Community or revocation of a user’s access include:

  • breach or violation of the Terms of Use, Privacy Guidelines or other incorporated agreements or guidelines;
  • written request by law enforcement or other government agency;
  • written request by the subject of a FamilyEmbrace community or a person authorized to represent that person;
  • discontinuance or material modification to the FamilyEmbrace community (or any part thereof);
  • unexpected technical or security issue or problem; and/or
  • failure to pay the annual fee to continue the FamilyEmbrace community by the Site Facilitator or Community Member(s) beyond the initial free period.

You understand and agree that all deletions of a FamilyEmbrace community or revocations of a users’ access will be made in Company’s sole discretion and that Company will not be liable to you or any third-party for said actions. Payments made to Company by Site Facilitators and/or Community Member(s) will not be returned should a FamilyEmbrace community be deleted or a user’s access is revoked.
 
Content
Site Facilitators and Community Members may post a variety of content, including without limitation text, graphics, photographs, information, videos, links and other material (“content”).

Site Facilitators or Company will, in its sole discretion, determine if content is inappropriate and will take action, including deletion of content and/or revocation of a user’s access to a FamilyEmbrace community. Should inappropriate content be a potential violation of law, Site Facilitator or Company may report the post to the appropriate legal authority.

In general, you may not post content that:
violates any copyright, trademark rights, patent rights, rights in know-how, privacy or publicity rights, trade secret rights, confidentiality rights, contract rights, or other rights of any individual or legal entity;

  • is harmful; hateful; threatening; abusive; harassing; defamatory or libelous; sexually explicit, vulgar, lewd, obscene, or pornographic; racially, ethnically or otherwise objectionable or offensive; inappropriate; or inflammatory; is false, deceptive or misleading;
  • contains information that could be used for identity theft purposes, such as social security numbers, credit card, bank account or other financial information, driver’s license numbers, security codes or passwords;
  • contains private or sensitive information about any other individual, such as information about that person’s sex life, political opinions, criminal charges or convictions, religious or philosophical beliefs, physical or mental health conditions, or other sensitive matters, without first obtaining that person’s express permission; contains the image, name, or likeness of anyone other than yourself, unless you have first obtained that individual’s express permission;
  • links to materials or other content, directly or indirectly, to which you do not have a right to link or that violates these restrictions;
  • violates any applicable local, state, national, or international law;
  • violates the spirit of FamilyEmbrace; and/or
  • violates the protected health information (“PHI”) requirements of the Health Insurance Portability and Accountability Act (“HIPAA”).

Right, But Not Obligation, to Monitor Submissions. Company does not and shall not have any obligation to review posted content, and therefore we do not guarantee the accuracy, integrity or quality of posted content, and we cannot assure you that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable content will not appear on our Service. We do, however, reserve the right to review any or all posted content in our sole discretion. In addition, we reserve the right to alter, edit or remove any posted content, in whole or in part, at our sole discretion.

Ownership of Our Service Content. Content published on or throughout our Service, including but not limited to text, graphics, photographs, information, videos, links and other material, are the proprietary property of Company or its subsidiaries, affiliates and licensors. All rights reserved. No content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Company’s prior written permission. Site Facilitators and/or Community Members may download or print a copy of any portion of our Service content solely for Site Facilitator and/or Community Member’s personal, non-commercial use, provided that Site Facilitator and/or Community Member keeps all trademark, copyright, or other proprietary notices intact. Site Facilitator and/or Community Member may not republish our Service content on any Internet, Intranet, or Extranet site or incorporate the information in any other database or compilation. Any other use of our Service content is strictly prohibited. All trademarks, logos, trade dress and service marks on our Service are either trademarks or registered trademarks of Company or its subsidiaries, affiliates, and licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Company.

Ownership of Posted Content. By submitting content for publication on our Service, you automatically grant, and you represent and warrant that you have the right to grant, to Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, royalty-free, worldwide license (with the right to sublicense) to publish content submitted by you on or throughout our Service.

You also automatically grant, and represent and warrant that you have the right to grant, to Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, royalty-free, worldwide license (with the right to sublicense) to make use of content for advertising purposes. Company may use or disclose certain content to third parties in association with defined advertising parameters. Any such disclosure will reference content in an aggregated, non-individualized form, and will not be presented in such a manner as to allow any third party to extrapolate either your identity or personally identifiable information.
 
Your Warranties with Respect to Your Posted Content. By posting content on our Service, you represent and warrant that the posting of your Submission does not violate these Terms of Use or applicable laws.

Your Use of Content Posted by Others. You may not use, copy, reproduce, distribute, publish, display or perform, create derivative works of, transmit, sell, or in any way exploit any of the content posted by others except as expressly set forth in these Terms of Use.

Submissions Do Not Reflect the Views of Company. The content posted on our Service by any person, regardless of that person’s affiliation or non-affiliation with Company, reflect only the opinions of the person posting the content.

Copyright Ownership. You, and you alone, are legally responsible for the content you post on our Service. If any part of your content is not your original work, it is your responsibility to obtain permission from the copyright owner before you post said content.

UNDER NO CIRCUMSTANCES SHALL COMPANY BE LIABLE IN ANY WAY FOR ANY SUBMISSIONS POSTED ON OR MADE AVAILABLE THROUGH A SITE BY YOU OR ANY OTHER USER. We do not control, have no obligation to monitor, and are not responsible for what users post on or through our Service and are not responsible for any offensive, inappropriate, obscene, unlawful, infringing or otherwise objectionable or illegal content you may encounter on our Service or in connection with your use of our Service.

Restrictions on Use of the Service
You may not post, email or make available any content or use this Service:
to engage in spamming, “chain letters,” “pyramid schemes”, advertisement of illegal or controlled products or services, or other advertising or marketing activities that violate the Terms of Use, any applicable laws, regulations or generally-accepted advertising industry guidelines;
in a manner that is misleading, deceptive or fraudulent or otherwise illegal or promotes illegal activities, including engaging in phishing or otherwise obtaining financial or other personal information in a misleading manner or for fraudulent or misleading purposes;
to interfere or attempt to interfere with the proper working of this Service or prevent others from using this Service, or in a manner that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Service, or that otherwise negatively affects other persons’ ability to use this Service;
in a manner 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;
to use any manual or automated means, including agents, robots, scripts, or spiders, to access or manage any user’s account or to monitor or copy this Service or the content contained therein; and/or
to post irrelevant content, repeatedly post the same or similar content or otherwise impose an unreasonable or disproportionately large load on this Service’s infrastructure.

Ownership of the Services and Submissions
Ownership of the Service. Our Service, including all of the software and code comprising or used to operate the Sites and all content provided by Company is owned by Company or by third parties who have licensed their rights to Company. No right, title or interest in the Service or any content contained in the Service is transferred to you under these Terms of Use. Company does not claim ownership of the copyrights in your Submissions.

Trademarks. All tradenames, trademarks and service marks displayed on this website are the registered or unregistered trademarks of Company, or its licensors, or other third parties (collectively, the “Trademarks”) and are protected by U.S. and international trademark laws and treaties. You may not use any Trademarks displayed on this website without the prior express written permission of Company or the trademark owner.

Ownership of Ideas
DO NOT SUBMIT PROTECTED CONFIDENTIAL OR PROPRIETARY IDEAS TO US. DO NOT SUBMIT IDEAS TO US IF YOU EXPECT ANY FORM OF COMPENSATION. ANY IDEAS YOU CHOOSE TO SUBMIT TO US MAY BE USED BY US IN ANY MANNER WHATSOEVER WITHOUT COMPENSATING YOU IN ANY WAY AND WITHOUT OBLIGATION OF CONFIDENTIALITY. PLEASE READ THIS SECTION CAREFULLY BEFORE YOU SUBMIT ANY IDEAS TO US.

As used in these Terms of Use, the term “ideas” refers to any feedback, suggestions, inventions, conceptions or ideas you submit to Company. The term “ideas” does not include any Submission you post on a FamilyEmbrace Site. Company does not wish to receive confidential or proprietary ideas. All ideas submitted to Company through our Service shall be considered NON-CONFIDENTIAL and NON-PROPRIETARY.

By submitting ideas to Company, you are granting to Company and its designees a perpetual, irrevocable, worldwide, non-exclusive, fully-paid up and royalty free, fully assignable, transferable and sublicensable license to use, exploit, modify, improve, copy, distribute, display or perform publicly (including, in the case of sound recordings, to perform publicly in digital audio transmission), prepare derivative works of the ideas you submit (and all rights therein), without restrictions of any kind, without any payment or other consideration of any kind, without notification to you or any third party, and without attribution, throughout the universe and in any form, format or medium now or hereafter known, and to authorize others to do the same. This license includes the right to reduce to practice, make, have made, use, import, export, sell, and offer to sell products and services incorporating, embodying, or using the ideas (including, to the extent reasonably necessary, any ideas underlying the Ideas) and to authorize others to do the same.

Right to Modify or Discontinue Service and Sites
Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, our Service (or any part thereof) with or without notice. Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service, nor will it be liable to refund any annual fees that may have been paid by Site Facilitator and/or Community Member(s) prior to the modification, suspension or discontinuance of the Service.

Disclaimer of Warranties
COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER WITH RESPECT TO OUR SERVICE, ANY CONTENT (INCLUDING USER SUBMISSIONS) ON OUR SERVICE, OR ANY PRODUCT OR SERVICE PROMOTED THROUGH OUR SERVICE. THE SERVICE AND ALL OF ITS CONTENT ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, ARISING BY STATUTE, CUSTOM OR COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COMPANY DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, CORRECTNESS, RELIABILITY, COMPLETENESS OR USEFULNESS OF ANY CONTENT APPEARING ON OUR SERVICE.

Limitations of Liability
UNDER NO CIRCUMSTANCES, SHALL COMPANY, OR ITS SPONSORS, LICENSORS, OR SERVICE PROVIDERS, OR ANY OF ITS OR THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE “RELEASED PARTIES”), BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SERVICE, ITS CONTENT (INCLUDING USER SUBMISSIONS), ANY PRODUCTS OR SERVICES MADE AVAILABLE THROUGH OUR SERVICE, OR YOUR USE OF OR INABILITY TO USE OUR SERVICE, INCLUDING ANY LOSS OR DAMAGE DUE TO VIRUSES THAT MAY AFFECT YOUR COMPUTER EQUIPMENT, SOFTWARE, DATA OR OTHER PROPERTY ON ACCOUNT OF YOUR USE OF OUR SERVICE OR YOUR DOWNLOADING OF ANY MATERIAL FROM OUR SERVICE.

THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER THE CLAIM IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL THEORY, EVEN IF AN AUTHORIZED REPRESENTATIVE OF COMPANY OR ANOTHER RELEASED PARTY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES.

IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF COMPANY, ITS SPONSORS, LICENSORS, AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, UNDER SUCH CIRCUMSTANCES TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE THESE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS AND CONDITIONS SHALL LIMIT OR EXCLUDE LIABILITY FOR LOSSES OR DAMAGES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.

Security
Company has no way of knowing and will not be responsible or liable if the individual accessing our Service obtained access through improper means. In addition, individuals using our Service must understand that the Internet is inherently insecure and no website operator can guarantee that a website is secure. Although we will make reasonable efforts to ensure that our Service and the Content on our Service is secure, Company does not warrant that our Service is absolutely secure or “hackerproof.” You use our Service solely at your own risk.

Choice of Law, Jurisdiction and Venue
These Terms of Use and the relationship between you and Company shall be governed by and construed in accordance with the federal laws of the United States of America and the internal laws of the State of North Caroline, U.S.A., excluding conflict of laws provisions that would indicate the application of the laws of any other jurisdiction. ANY LEGAL ACTION OR PROCEEDING RELATING TO YOUR ACCESS TO, OR USE OF, THE SERVICE OR THESE TERMS OF USE SHALL BE INSTITUTED ONLY IN A STATE OR FEDERAL COURT LOCATED IN BUNCOMBE COUNTY, NORTH CAROLINA, U.S.A. YOU AND COMPANY IRREVOCABLY AGREE TO SUBMIT TO THE JURISDICTION OF SUCH COURTS. You expressly waive any claim of improper venue and any claim that such courts are an inconvenient forum. If the courts of the country in which you reside should determine that the provisions of this paragraph are not enforceable, then you agree to submit to binding arbitration.

Statute of Limitations
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 our Service or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

General
As used in these Terms of Use, the term “including” means “including, but not limited to.” Section headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

Our failure at any time to require performance of any provision of these Terms of Use or to exercise any right provided for herein shall not be deemed a waiver of such provision or such right. If any provision of these Terms of Use is held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining provisions. The remaining provisions of these Terms of Use shall remain in full force and effect.

These Terms of Use set forth the entire understanding and agreement between us and supersede all prior understandings and agreements between you and Company with respect to the subject matter hereof.

Linked Sites
The Service may provide links to other websites or resources that are neither controlled nor endorsed by Company. Company is not responsible in any manner for any content, advertising, products or other materials on or available on linked sites.

These Terms of Use May Change
We reserve the right to update or modify these Terms of Use at any time, without prior notice, by posting the revised version of these Terms of Use behind the link marked “Terms of Use”. When we change the Terms of Use we will update the Effective Date at the bottom of this page. Your continued use of our Service after we have posted the revised Terms of Use constitutes your agreement to be bound by the revised Terms of Use.

Privacy Policy
Our Privacy Policy describes the personal information we collect when you and others use our Service. It also describes how we use the personal information you share with us and some of the steps we take to protect your privacy. Our Privacy Policy is part of these Terms of Use.

Contact Us
If you have any questions regarding these Terms of Use, please contact us by email at customerservice@familyembrace.com.