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Terms & Conditions

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These Terms and Conditions of Use (the “Terms of Use”) apply to the websites, mobile applications, and software owned or operated by  Phase Family Centers (“PFCC”), The PFCC Sites are the property of PFC and its licensors. BY USING AN PFC SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE ANY PFC SITE.

Subject to your compliance with these Terms of Use in effect at the time of your visit to the Site or use of the Service, PFC grants you a personal, non exclusive, non transferable, limited privilege to enter and use the public areas of the PFC Sites. For some PFC Sites, this license is subject to your payment of a licensing fee to access non public areas of the applicable PFC Site.

Content

All text, graphics, images, music, video, audio, text, maps, animation, widgets, user interfaces, trademarks, logos, software code, and other copyrighted or otherwise proprietary content (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the PFC Sites is owned, controlled or licensed by or to PFC, and is protected by trade dress, copyright and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, or in a separate subscription or other license agreement you may execute with PFC, no part of the PFC Sites and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication, distribution, or for any enterprise (commercial or non commercial), without PFC’s express prior written consent.

You may use information describing PFC products and services purposely made available by PFC for downloading from the PFC Sites, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, ministry, or informational purposes and do not copy or post such information on any networked computer or otherwise make it publicly available; (3) make no modifications to any such information; and (4) not make any additional representations or warranties relating to such information.

Your Use of the PFC Sites

You may not use any “deep link”, “page scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access,

acquire, copy or monitor any portion of the PFC Sites or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the PFC Sites or any Content, to obtain or attempt to obtain any curriculum materials, documents or information through any means not purposely made available through the PFC Sites. PFC reserves the right to bar any such activity.

You may not attempt to gain unauthorized access to any portion or feature of the PFC Sites or PFC’s curriculum or other Content available only to licensed subscribers, or any other systems or networks connected to the PFC Sites or to any PFC server, or to any of the services offered on or through the PFC Sites, by hacking, password “mining” or any other illegitimate means.

You may not probe, scan, or test the vulnerability of the PFC Sites or any network connected to the PFC Sites, nor breach the security or authentication measures on the PFC Sites or any network connected to the PFC Sites. You may not reverse look up, trace, or seek to trace any information on any other user of or visitor to the PFC Sites, or any other customer of PFC, including any PFC account not owned by you, or exploit the PFC Sites or any service or information made available or offered by or through the PFC Sites.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the PFC Sites or PFC’s systems or networks, or any systems or networks connected to the PFC Sites or to PFC.

You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the PFC Sites or any transaction being conducted on the PFC Sites, or with any other person’s use of the PFC Sites.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to PFC or through the PFC Sites or any service offered on or through the PFC Sites. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity when accessing or otherwise using the PFC Sites.

You may not use the PFC Sites or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of PFC or others.

Comments and/or Content Originating With Users

Certain locations within the PFC Sites may allow account owners to post reviews, comments, or other communications; or submit suggestions, ideas, comments, questions, or other information. By posting content to a PFC Site, you agree not to post content that infringes upon the intellectual property rights of any third party (including but not limited to copyright and trademark), or that is illegal, obscene, threatening, defamatory, invasive of privacy, injurious to any third party, or otherwise objectionable. You further agree that you will not post or submit any content to any PFC Site which contains a virus, adware, spyware, or any other software or code which may be harmful to a third party’s computer or network, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of spam. You may not create an account using a false e-mail address or post content under a false account or a third party’s account without express permission, impersonate any person or entity, or otherwise mislead as to the origin of any post or submission.

PFC reserves the right to remove or edit any content submitted to or posted on a PFC Site. However, PFC does not regularly review content posted to the PFC Sites and is not responsible for content originating with a party other that PFC. PFC makes no warranty regarding content posted by third parties. By posting content to a PFC Site, you grant to PFC an irrevocable, worldwide, non exclusive license to use or exploit the content to market PFC or its products or services.

Purchases; Other Terms and Conditions

All purchases from the PFC Sites are only returnable in accordance with PFC’s Return Policies. Additional terms and conditions apply to curriculum subscriptions, purchases of goods or services, and to specific portions or features of the PFC Sites, including contests, promotions or other similar features. You agree to abide by such additional terms and conditions. If there is a conflict between these Terms of Use and the terms posted for or applicable to a curriculum subscription or other specific portion of any PFC Site or for any service offered on or through any PFC Site, the latter terms shall control with respect to your use of that portion of the PFC Site or the specific service.

PFC’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on the PFC Sites shall be construed to alter such agreements.

PFC may make changes to any products or services offered on the PFC Sites, or to the applicable prices for any such products or services, at any time, without notice. PFC attempts to be as accurate as possible. However, PFC does not warrant that product descriptions or other content of any PFC product or service is complete, reliable, current, or error free. PFC reserves the rights to cancel any transaction up until the time the item is shipped or downloaded. All items purchased from PFC are made pursuant to a shipping contract. Therefore, the risk of loss and title for such items pass to you upon PFC’s delivery to the carrier.

Privacy

PFC’s Privacy Policy applies to use of the PFC Sites, and its terms are hereby incorporated by reference. Additionally, by using the PFC Sites, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the PFC Sites may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

Links to Other Sites and to the PFC Sites

The PFC Sites may contain links to other independent third party web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under PFC’s control, and PFC is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

Disclaimers

PFC DOES NOT PROMISE THAT THE PFC SITES OR ANY CONTENT, SERVICE, OR FEATURE OF THE PFC SITES WILL BE ERROR FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE PFC SITES WILL PROVIDE SPECIFIC RESULTS. THE PFC SITES AND THEIR CONTENT ARE DELIVERED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE PFC SITES IS SUBJECT TO CHANGE WITHOUT NOTICE. HOWEVER, TO THE EXTENT THAT THESE TERMS OF USE HAVE CHANGED SINCE YOUR PRIOR VISIT TO THE SITE, ONLY THE TERMS IN EFFECT AT THE TIME OF YOUR VISIT WILL APPLY TO YOU. PFC CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE PFC SITES WILL BE FREE OF VIRUSES, CONTAMINATION, OR OTHER DESTRUCTIVE FEATURES. PFC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. PFC DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE PFC SITES AND/OR ANY PFC SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE PFC SITES AND ANY LINKED SITES. EXCEPT AS MAY BE SPECIFIED IN A SEPARATE AGREEMENT, YOUR SOLE REMEDY AGAINST PFC FOR DISSATISFACTION WITH THE PFC SITES OR ANY CONTENT IS TO STOP USING THE PFC SITES OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN YOU AND PFC.

The above disclaimer applies to any damages, liability, or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

PFC reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend, or terminate operation of or access to the PFC Sites, or any portion of the PFC Sites, for any reason; (2) to modify or change the PFC Sites or any portion of the PFC Sites; and (3) to interrupt the operation of the PFC Sites, or any portion of the PFC Sites, as necessary to perform routine or non routine maintenance, error correction, or other changes.

Limitation of Liability

Except where prohibited by law, in no event will PFC be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if PFC has been advised of the possibility of such damages.

If, notwithstanding the other provisions of these Terms of Use, PFC is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the PFC Sites or any Content, PFC’s liability shall in no event exceed the greater of: (1) the total of any subscription fee, license fee, or similar fees with respect to any service or feature of or on the PFC Sites paid in the six months prior to the date of the initial claim made against PFC, or (2) US$100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

Indemnity

You agree to indemnify and hold PFC, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against PFC by any third party due to or arising out of or in connection with your violation of these Terms of Use.

Violation of These Terms of Use

PFC may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the PFC Sites, or to identify, contact, or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) PFC’s rights or property, or the rights or property of visitors to or users of the PFC Sites, including PFC’s customers. PFC reserves the right at all times to disclose any information that PFC deems necessary to comply with any applicable law, regulation, legal process, or governmental request. PFC also may disclose your information when PFC determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that PFC may preserve any transmittal or communication by you with PFC through the PFC Sites or any service offered on or through the PFC Sites, and may also disclose such data if required to do so by law or PFC determines that such preservation or disclosure is reasonably necessary to: (1) comply with legal process; (2) enforce these Terms of Use; (3) respond to claims that any such data violates the rights of others; or (4) protect the rights, property or personal safety of PFC, its employees, users of or visitors to the PFC Sites, and the public.

You agree that PFC may, in its sole discretion and without prior notice, terminate your access to the PFC Sites and/or block your future access to the PFC Sites if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the PFC Sites. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to PFC, for which monetary damages would be inadequate, and you consent to PFC obtaining any injunctive or equitable relief that PFC deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies PFC may have at law or in equity.

You agree that PFC may, in its sole discretion and without prior notice, terminate your access to the PFC Sites, for cause, which includes (but is not limited to): (1) requests by law enforcement or other government agencies; (2) discontinuance or material modification of the PFC Sites or any service offered on or through the PFC Sites; or (3) unexpected technical issues or problems.

If PFC does take any legal action against you as a result of your violation of these Terms of Use, PFC will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to PFC. You agree that PFC will not be liable to you or to any third party for termination of your access to the PFC Sites as a result of any violation of these Terms of Use.

Governing Law; Dispute Resolution

You agree that all matters relating to your access to or use of the PFC Sites, including all disputes, will be governed by the laws of the United States and by the laws of the State of Georgia without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the federal court in Atlanta, Georgia, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out of pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between PFC and you arising out of or in connection with your use of the PFC Sites, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

Void Where Prohibited

Although the PFC Sites are accessible worldwide, not all features, products, or services discussed, referenced, provided, or offered through or on the PFC Sites are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. PFC reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product, or service to any person or geographic area. Any offer for any feature, product, or service made on the PFC Sites is void where prohibited. If you choose to access the PFC Sites from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

Miscellaneous

You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the PFC Sites, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and PFC with regard to your use of the PFC Sites, and any and all other written or oral agreements or understandings previously existing between you and PFC with respect to such use are hereby superseded and cancelled. PFC’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by PFC of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between PFC and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

Feedback and Information

Any feedback you provide at a PFC Site shall be deemed to be non confidential. PFC shall be free to use such information on an unrestricted basis.

Changes to Terms of Use

Should PFC change any of the Terms of Use above, it will display them on the PFC Sites. Please review these Terms of Use frequently as PFC may modify them from time to time. As provided in the disclaimer above, only the Terms of Use in effect at the time of your visit will apply to you.

[Last updated April 19, 2019]