Last updated on March 5, 2018
BY USING OUR SERVICES, YOU AGREE TO THESE TERMS SO PLEASE READ THEM CAREFULLY.
Our Services are diverse and evolving so sometimes additional terms or requirements may be communicated to you when you use certain Services. In those cases, the additional terms will govern such Services and become part of these Terms.
You may be required to confirm your acceptance of certain additional terms by clicking through buttons labeled with consent language (example, “I Agree” or “Okay”) or by taking other steps to indicate your acceptance of such terms. Those additional terms also become part of these Terms and govern the relevant Services.
To use the Services, you must be able to enter a binding contract with FSV and you must not be legally barred from receiving services. You also must be above the age of majority where you live (usually 18 or 19 years old); or at least 13 years old with parent/guardian consent and agreement to Terms (see below)
Any parent/guardian agreeing behalf of a child over 13 agrees that the child’s use of the Services must be supervised by the parent/guardian, who is fully responsible for such use.
Children under 13 may not use the Services and their parents/guardians cannot agree to these Terms on their behalf.
Commercially available parental control protections (such as computer hardware, software, or filtering services) are available that may assist you in limiting access to material that is harmful to minors. Information on such protections is available at websites such as http://www.getwise.org. The preceding link is provided for information purposes only. FSV is not affiliated with http://www.getwise.org and this is not intended as an endorsement of http://www.getwise.org Internet website, services, or policies.
You are responsible for your use of the Website and for any User Content (as defined below) that you post or upload by you using the Services, including complying with all applicable laws, rules or regulations. You should not post or publish any User Content using the Services that you would not want shared by others.
You agree that that any reliance or use by you of the Services or any content available using the Services is at your own risk. Material and software published on the Services, including hyperlinks, may be inaccurate or out-of-date and you agree that FSV has no responsibility or liability for any inaccuracies, typographical errors and/or out-of-date material. Material and software on the Services may be changed or revised from time to time without notice.
Although the Services may host a great deal of information that pertains to personal issues in a number of areas and a variety of related topics, including professional topics such as medical, legal, or financial issues, such information is presented for general informational purposes only. It should not be taken as professional advice. If you need expert advice for any question (such as medical, legal, or financial issues), you should seek the help of a licensed or qualified professional in lieu of acting on any information, opinion, or advice contained on the Services.
Likewise, FSV does not encourage users to offer professional advice on or though the Services to other users. The issues faced by family members of extra needs children are usually both complex and highly variable, affected by any number of factors such as medical, societal, religious, economic and other diverse challenges that are unique to that family. Attempting to offer professional advice, no matter how well-intentioned, in such an informal setting is not well-suited to the highly nuanced and individualized nature of the questions that may be raised.
As detailed below, FSV may provide access to User Content that other users have contributed and edited. You acknowledge that by using the Services, you may be exposed to User Content that may be offensive, harmful, inaccurate, mislabeled, deceptive or otherwise inappropriate. All User Content (as defined) is the sole responsibility of the person who originated it and FSV has no obligation to edit, monitor or delete any User Content (as defined below) or any responsibility for User Content. FSV does not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any User Content or communications available through the Services or any opinions in such material. Consequently, you agree that FSV has no responsibility for any User Content posted or transmitted via the Services by others. ANY RELIANCE ON USER CONTENT IS AT YOUR OWN RISK.
The Services may contain hyperlinks to websites operated by third parties (“Third-Party Sites”). Such hyperlinks are provided for reference and convenience only and do not constitute endorsement or association of such Third-Party Sites in any way. FSV has no control over for Third-Party Sites and you agree that FSV is not liable for any Third-Party Sites, or their availability, content, security, privacy policies or any other aspect of their operation and you use such Third-Party Sites at your sole risk. Unless expressly stated, FSV does not endorse or warrant the reliability, quality or accuracy of any products, services, or business practices of any other party advertised or relating to any Third-Party Site. You are solely responsible for evaluating any content or advertisements, including accuracy, completeness or usefulness. FSV may terminate such links at any time without notice.
FSV may allow you to upload, post, transmit or otherwise provide content to FSV Services, including, but not limited to, photos, video, audio, comments, articles, blogs, forums, information, messages, software, communications and any other material in which you provide content to the Services (collectively referred to as "User Content"). You agree that you are solely responsible for your User Content and that your failure to comply with any of the Rules Governing User Content below will constitute a breach of these Terms.
FSV respects the intellectual property of others, and, particularly as to User Content available through the Services, whether in comments, discussion boards or in other user contributed content, as applicable, we ask our users to do the same. FSV reserves the right to remove User Content alleged to be infringing, without prior notice, at our sole discretion, and without liability to you.
FSV will respond to claims of copyright infringement that comply with applicable law in accordance with our Copyright Policy. If you believe your copyrighted material has been infringed by User Content, you may report this using the procedure described in our Copyright Policy.
In consideration for being allowed to post, upload or contribute User Content via the Services, you agree that you will not:
In addition, you agree that any User Content posted, uploaded or otherwise shared using the Services will not:
As noted above, you may not use our Services to transmit content belonging to any person or party other than yourself, without the prior written consent of such owner. Simply because material is available on the Internet does not mean it is in the public domain. In fact, most materials on the Internet are protected by copyright and/or trademark laws.
By submitting, posting or displaying User Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such User Content in all media or distribution methods (now known or later developed).
This license authorizes FSV to make your User Content available to the rest of the world and to let others do the same. You agree that this license includes the right for FSV to provide, promote, and improve the Services and to make User Content submitted to or through the Services available to other companies, organizations or individuals for the syndication, broadcast, distribution, promotion or publication of such User Content on other media and services, subject to our terms and conditions for such use.
For this reason, you should not transmit, post or send any User Content that contains any confidential, sensitive or nonpublic information. FSV does not guarantee that any personal information posted or transmitted will not be viewed, distributed, republished or otherwise used by any other persons.
Such additional uses described above by FSV, or other companies, organizations or individuals, may be made with no compensation paid to you with respect to the User Content that you submit, post, transmit or otherwise make available through the Services.
As noted above, FSV does not assume any responsibility for the consequences of any User Content on the Services. However, FSV shall have the right, but not the obligation, to monitor any User Content areas of the Services to determine compliance with these Terms (including the Rules Governing User Content above) and any other operating rules that may be established by FSV from time to time.
You may only use the Services for personal and noncommercial purposes and you agree not to use the Services for any purpose that is prohibited by these Terms or unlawful under applicable laws, rules or regulations.
FSV gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you as part of the Services. This license has the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by FSV, in the manner permitted by these Terms.
You may make single copies of materials displayed on the Services for your own personal and noncommercial use only, provided any copies include the copyright and other notices displayed with the materials on the Services. You may not distribute such copies to others, whether free or for charge or consideration, without prior written permission from FSV or the copyright owner of the copied material. Requests to reproduce materials on the Services for distribution or other purposes should be directed to FSV. See Contact Us.
Our Services may change from time to time, at our discretion, as we modify or add features. FSV may stop (permanently or temporarily) providing any features within the Services to you or to users generally. FSV retains the right to limit use and/or storage at our sole discretion at any time. FSV may also remove or refuse to permit any User Content on the Services and suspend or terminate users without liability to you.
In consideration for granting you access to and use of the Services, you agree that FSV and its third-party providers and/or partners may place advertising on the Services or in connection with the display of User Content or information from the Services whether submitted by you or other users.
You agree not to use or help others use the Services for any purpose or in any manner that is prohibited by the Terms, or by applicable laws, regulations, rules or ordinances, including any export controls.
You agree not to misuse the Services, including by interfering with them or accessing them using a method other than the FSV-provided interface. While using the Services, you shall not:
Violations of Website or network security may result in civil or criminal liability. FSV will investigate occurrences that may involve violations of the use of the Services and may contact and/or cooperate with law enforcement authorities in prosecuting users or any other persons who are involved in any violations of the use of the Services.
The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the FSV name or any of the FSV trademarks, logos, domain names, and other distinctive brand features. All right, title, and interest in and to the Services (excluding User Content provided by users) are and will remain the exclusive property of FSV and its licensors. Any feedback, comments, or suggestions you may provide regarding FSV, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
By using the Services, you acknowledge that these rights are valid and protected in all forms, media, and technologies existing now or hereinafter developed. Nothing in the Terms or your use of the Services shall be construed as granting you a license to use such material under any copyright, service mark, trademark, patent or other intellectual property right of FSV or any third party, except as expressly set forth and granted in the Terms.
It is your responsibility to ensure that your use of the Services complies with the Terms and applicable law and to request prior written permission from FSV for any uses not permitted or expressly specified in these Terms.
You agree to provide truthful and accurate billing and/or registration information through the Services and that if you fail to do so, you may be in violation of these Terms and your use of the Services may be terminated or suspended.
Certain features and areas of the Services are available only with registration and login. If you are required to register and select a unique login and password ("Credentials"), you are responsible for safeguarding your account, so use a strong password and limit its use to this account. FSV cannot and will not be liable for any loss or damage arising from your failure to comply with the above. You should contact FSV immediately if you suspect there has been any unauthorized use of your Credentials or you have other security concerns.
You can control most communications from the Services. We may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your account, and you may not be able to opt-out from receiving them.
Your access to and use of the Services or any content are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. The “Released Parties” refers to FSV, its parents, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE RELEASED PARTIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. The Released Parties make no warranty or representation and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the Released Parties or through the Services, will create any warranty or representation not expressly made herein.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE RELEASED PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE RELEASED PARTIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID FSV, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE RELEASED PARTIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Because some states do not permit the exclusion or limitation of liability for consequential or incidental damages, some or all the above limitations may not apply to you.
You agree to defend, indemnify and hold the Released Parties harmless from all claims or liabilities, including reasonable legal and accounting fees, allegedly resulting from your use of the Services or related content, product or services in violation of these Terms.
In certain (hopefully unlikely) circumstances it may be necessary for FSV to terminate all or any part of the Services, terminate these Terms, or suspend or terminate your account or privileges (see below).
FSV reserves the right to suspend or end any or all the Services or any services thereon at any time, with or without cause, and with or without notice.
FSV may suspend or terminate your privilege to use any or all the Services at any time if we reasonably believe that (i) you have breached any of these Terms, (ii) you have created risk or possible legal exposure for FSV, (iii) our provision of the Services is no longer commercially viable[STB1] . We will make reasonable effort to notify you at the e-mail address you have provided or when you next access your account, depending on the circumstances.
We hope that no serious disagreements arise involving you, but, if there is a dispute, our goal is to provide you a neutral and cost-effective means to resolve it quickly. Accordingly, you agree that, if a dispute arises between you and FSV, you will first contact FSV customer service to describe the problem and seek a resolution. You may contact us as set out below (Contact Us).
If that does not resolve the issue, then you and FSV agree to the following methods to resolve any dispute or claim between us. First, as set forth below (Law & Venue), you agree that the Terms are governed by the law of the State of Florida, without regard to its principles on conflicts of laws, and the federal law of the United States of America. Second, you agree that you will seek arbitration in accordance with the Arbitration Procedure below.
ANY DISPUTE RELATING IN ANY WAY TO YOUR USE OF THE SERVICES SHALL BE SUBMITTED TO CONFIDENTIAL BINDING ARBITRATION IN Collier County, Florida, EXCEPT FOR INTELLECTUAL PROPERTY CLAIMS BROUGHT BY EITHER PARTY (WHICH FOR PURPOSES OF THIS SECTION DO NOT INCLUDE PRIVACY AND PUBLICITY CLAIMS) AND CLAIMS THAT MAY BE BROUGHT IN SMALL CLAIMS COURT. IF YOU CAN DEMONSTRATE TO US THAT ARBITRATION IN Collier County, Florida WOULD CREATE AN UNDUE BURDEN ON YOU, WE WILL ALLOW YOU TO INITIATE THE ARBITRATION IN YOUR HOME STATE. ANY DISAGREEMENTS REGARDING THE FORUM FOR ARBITRATION WILL BE SETTLED BY THE ARBITRATOR. If arbitration cannot resolve the issue, you agree, as also set forth below, to unconditionally and irrevocably submit to the mandatory and exclusive personal jurisdiction and venue of the state or federal courts located within Collier County, Florida to litigate such claims or disputes. You agree that you will not object to such jurisdiction and venue on the grounds of lack of personal jurisdiction, inconvenient forum or otherwise. EACH PARTY IRREVOCABLY WAIVES ALL RIGHTS TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS. FSV reserves all rights and remedies available to it, in law or equity, with respect to any matter relating to these Terms.
Any arbitration will be governed by the consumer arbitration rules then prevailing of the American Arbitration Association (“AAA’s Consumer Rules”), excluding any rules and procedures governing or permitting class or representative actions. the rules are available at the American Arbitration Association’s website, http://www.adr.org or by calling the AAA at 1-800-778-7879. YOU AND FSV AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and FSV agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. Any claim or controversy as to the enforceability of this arbitration provision’s restriction on your right to participate in or pursue a class action or class wide arbitration shall be brought only in the United States District Court for the Southern District of Florida or any State court located in Collier County, Florida. THE ARBITRATOR SHALL APPLY Florida LAW, AND THE ARBITRATOR'S AWARD SHALL BE BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION. THERE SHALL BE NO APPEAL FROM ANY AWARD OF THE ARBITRATOR. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO ARBITRATION UNDER THIS AGREEMENT SHALL BE JOINED TO AN ARBITRATION INVOLVING ANY OTHER PARTY SUBJECT TO THIS AGREEMENT, WHETHER THROUGH CLASS ARBITRATION PROCEEDINGS OR OTHERWISE. IF ANY PART OF THIS ARBITRATION PROVISION IS FOUND TO BE INVALID, UNENFORCEABLE OR ILLEGAL, THE REST OF THIS PROVISION SHALL REMAIN IN EFFECT. IF THE ENTIRE ARBITRATION PROVISION IS FOUND TO BE INVALID OR UNENFORCEABLE, THEN THE PARTIES CONSENT TO PERSONAL JURISDICTION AND EXCLUSIVE VENUE IN THE STATE AND FEDERAL COURTS IN Collier County, Florida.
If you initiate the arbitration, your arbitration fees will be limited to the filing fee set forth in the AAA's Consumer Rules. Regardless of who initiates the arbitration, FSV will pay any other arbitration fees, including your share of arbitrator compensation. If the arbitrator rules against FSV, in addition to accepting whatever responsibility is ordered by the arbitrator, FSV will reimburse your reasonable attorneys’ fees and costs, regardless of who initiated the arbitration. In addition, if the arbitrator rules in our favor, we will not seek reimbursement of our attorneys’ fees and costs, regardless of who initiated the arbitration.
Notwithstanding the foregoing, this arbitration provision does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. This arbitration provision shall survive termination of these Terms.
In the event of intellectual property claims by FSV against you, FSV shall have the right to litigate such claims in any state or federal court in Collier County, Florida, and you consent to the exclusive and mandatory venue in such courts.
If you seek to file a legal claim against us not subject to the Agreement to Arbitrate, you agree to file and resolve it exclusively in a state or federal court located in Collier County, Florida and you consent to personal jurisdiction and waive any objection as to inconvenient forum or improper venue. You also agree that the laws of Florida and, to the extent applicable, the laws of the United States of America will govern these Terms, as well as any legal claim that might arise between you and us (without reference to conflict of laws principles). You agree that neither the Uniform Computer Information Transaction Act nor the United Nations Convention on Contracts for International Sale of Goods will apply.
To ensure that disputes are dealt with soon after they arise, you agree that regardless of any statute or law to the contrary, any claim or cause of action you might have arising out of or related to use of the Services or these Terms must be filed within the applicable statute of limitations or, if earlier, one (1) year after the pertinent facts underlying such claim or cause of action could have been discovered with reasonable diligence (or be forever barred).
The Services are controlled and operated by FSV from its principal office in Florida, United States of America. FSV makes no representation that materials on the Services are appropriate or available for use in other locations. Those who choose to access the Services from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. The Services are not intended to subject FSV to the laws or jurisdiction of any state, country or territory other than the Florida and the United States of America.
You may communicate with us via e‐mail, U.S. mail, phone, fax, our Website, mobile applications (if any) and other services. FSV also may send you service announcements, administrative messages, and other information. You may opt out of some of those communications. By providing your e-mail address, you agree to receive notices via e-mail and that such notices have legal effect and satisfy any requirement that they be provided in writing.
FSV may revise these Terms from time to time. The changes will not be retroactive, and the most current version of the Terms will govern our relationship with you. We will try to notify you of material revisions, for example via a service notification or an e-mail to the e-mail associated with your account and by indicating above the date the Terms were last updated (See Last Updated). By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
A printed version of these Terms and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to use of the Services to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
The failure of to exercise or enforce any right or provision in these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be enforced to the fullest extent of the law, and all other provisions will remain in full force and effect.
We may translate these Terms into other languages for your convenience. Nevertheless, the English version governs your relationship with FSV, and any inconsistencies among the different versions will be resolved in favor of the English version.
These Terms are an agreement between you and FSV, 1850 San Marco Road, Suite A, Marco Island, Florida 34145, USA. If you have any questions about these Terms or our Services generally, please free to contact us.
You may contact customer service using any of the following means:
Copyright© 2018 Family Support Village. All rights reserved. Any rights not expressly granted herein are reserved.
[STB1]Do you want to include this? If so, we should talk about the effect on paid memberships and/or whether you will have any refund policies
[STB2]Some clients prefer to have arbitration provisions as a more efficient and favorable means of resolving disputes – this is optional of course but I wanted to include the paragraphs and procedure for your consideration