End User Agreement
Special Needs Family LLC END USER LICENSE AGREEMENT
NOTICE TO USER: PLEASE READ CAREFULLY. THIS END USER LICENSE AGREEMENT (the “Agreement,” or the “End User License Agreement”) IS A BINDING CONTRACT. BY ACCEPTING, ACCESSING, INSTALLING, OR OTHERWISE USING THE LICENSED SOFTWARE REFERRED TO HEREIN, YOU AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT, INCLUDING BUT NOT LIMITED TO THE LIMITATIONS ON USE, WARRANTY, AND LIABILITY. YOU SPECIFICALLY AGREE AND ACKNOWLEDGE THAT THIS LICENSE AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN CONTRACT SIGNED BY YOU. IF YOU DO NOT ACCEPT THESE TERMS, YOU MAY NOT ACCESS, USE, OR INSTALL THE LICENSED SOFTWARE.
- Special Needs Family LLC, on its own behalf and on behalf of its affiliates (collectively, “SNF”) is the owner of or has the necessary rights to license to others certain computer programs which are marketed under the AdvisorRed® trademark (the “Advisor Red Software”), the Special Needs Learning Platform™ trademark (the Advisor Red “Software as a Service”) and the Advisor Red Platform as a Service® trademark. In addition, SNF has entered into one or more agreements with third parties (each a “Third Party Provider”) pursuant to which SNF is entitled to provide data hosting or other services or integrate software, data, services, or other products owned by the Third Party Providers (the “Third Party Software”) into the Licensed Software (as defined below) and to license same for use by clients of SNF on the terms and conditions of this End User License Agreement.
- SNF, or the duly authorized licensee or sublicensee of SNF with whom you are dealing (sometimes herein called a “Licensor Other Than SNF”) is willing to grant you (sometimes herein called the “User”) a personal, non-exclusive, non-transferable, revocable license which would enable you to use, in accordance with and subject to the provisions of this End User License Agreement, such of the Advisor Red Software, Advisor Red SaaS, Advisor Red PaaS, the Special Needs Learning Platform, including; SNF VOD (Special Needs Family Video on Demand), SNF PPV (Special Needs Family Pay Per View), and any enhancements, supplements, optional components and updates to such Software that are made available to the User by SNF from time to time, and Third Party Software, which is made available to the User from time to time, together with the related documentation (collectively, the “Licensed Software”).
TERMS AND CONDITIONS:
- GRANT OF LIMITED LICENSE. Subject to the terms and conditions of this End User License Agreement and any other terms included in any license agreement, including payment of all applicable license fees, SNF hereby grants to you a limited, non-transferable, non-exclusive, revocable license: (i) to use the Licensed Software; and (ii) to the extent applicable to your license and upon payment of all applicable fees for SaaS (as defined below),: (A) to access and use the Licensed Software via SNF’s hosted Web site (the “Web Site”) and store and retrieve information and data pertaining to such use through the Web site in the ordinary course of your business (collectively called the “SaaS”); or (B) permit access to the portions of the Licensed Software intended for consumers (the “Client Software”) to your customers or prospective customers through a sub-domain URL designated by SNF; all in accordance with the terms and conditions herein.
- AFTER-SALES SERVICE. During the term of your license, you may have online access to certain training materials at no extra charge. After-sales service, on-site training, and technical support may be provided by SNF to you from time to time during the term and any renewal period at SNF’s standard rates then in effect unless otherwise agreed to in writing by both parties. Full details and descriptions of the services, training, and technical support that are available shall be provided by SNF to you upon reasonable request.
- COMMUNICATIONS. You agree that communications between you and SNF, including information respecting enhancements and updates to the Licensed Software, may be made by e-mail.
RESTRICTIONS ON USE.
- Other than the limited license granted above, SNF (or any Third Party Provider) retains all right, title, and interest in and to the Licensed Software; no other rights or licenses of any kind are granted to you, and the Licensed Software is and remains the sole and exclusive property of SNF or any Third Party Provider.
- SNF shall use commercially reasonable efforts to retain the Third Party Software existing as of the effective date, but may from time to time, in its sole discretion, substitute existing Third Party Software with substantially similar data, content or software. If substantially similar data, content or software cannot be reasonably procured by SNF, SNF may remove such Third Party Software from the Licensed Software.
- The Licensed Software shall not be installed or used in any country that would violate the rules and regulations of the U.S. Department of Commerce, Bureau of Export Administration. Any disclaimer language included in the Licensed Software shall not be removed without the consent of SNF and the Third Party Provider.
- If your license entitles you to install a copy of the Licensed Software on your computer, you shall be entitled to make a single copy of the Licensed Software for backup purposes. No other copies of the Licensed Software shall be made. Both copies of the Licensed Software must be kept in your possession.
- The Licensed Software may be used for the sole purposes of preparing or viewing financial plans, or providing financial planning services. This license does not entitle anyone other than you to use the Licensed Software unless: (i) those other persons are also licensed to use the Licensed Software; or (ii) if you have been granted access to the Client Software, by your advisor or prospective advisor, in which case you may access the Client Software as permitted herein, subject to payment by you of applicable fees. In addition, you shall not use the Licensed Software if you are a competitor of SNF or for the purposes of evaluating the Licensed Software for competitive purposes or for any other purposes whatsoever.
You shall not (and shall not permit anyone to):
- modify, adapt, or translate the Licensed Software or documentation, including any disclaimers or notices, or change the Licensed Software’s data structures.
- send or store any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law.
- copy, use, analyze, reverse engineer, decompile, disassemble, translate, convert, or apply any procedure or process to the Licensed Software or data stored through the Licensed Software in order to: (A) ascertain, derive, or appropriate for any purpose whatsoever the source code or source listings or data structures for the Licensed Software; (B) transfer, copy, or convert any such data into other software or for any other purpose other than to prepare financial plans or provide financial planning services for your existing and prospective customers through the use of the Licensed Software as permitted herein; or (C) otherwise attempt to discover the source code or source listings of the Licensed Software or any trade secret information.
- rent, lend, lease, donate, sublicense, pledge, sell, assign, transfer, or otherwise convey to a third party the Licensed Software or your rights in the Licensed Software.
- permit any third party to use or access the Licensed Software at any time, or, unless specifically authorized by SNF, use the Licensed Software in a service bureau or any other manner whereby a beneficial use of or access to the Licensed Software is gained by a representative, colleague, agent, or employee of the User who is not similarly licensed to use the Licensed Software and has not paid a license fee to SNF for the Licensed Software.
SNF SaaS (Software as a Service).
- Your use of the SaaS is subject to SNF’s Acceptable Use Policy ("AUP"), which may be viewed here and is incorporated by reference herein. SNF may modify the AUP, at any time as it may deem appropriate in its sole discretion, effective upon posting of the modified AUP.
- If, for any reason whatsoever, the arrangement between SNF and its hosting Third Party Provider is or is about to be terminated and SNF has been unable to enter into a corresponding arrangement with another hosting provider for provision of the SaaS that is satisfactory to SNF in its sole discretion, SNF shall be entitled to terminate this Agreement on fifteen (15) days’ notice. Neither party shall be deemed to be in breach of this Agreement as a result of termination pursuant to this paragraph.
- You shall be required to use a unique alphanumeric user name and password in order for you to access and use the Licensed Software (the “User ID”). It is a condition of this End User License Agreement that you keep the User ID confidential, do not share the User ID with anyone else, and do not permit anyone other than yourself to have access to the Licensed Software by using the User ID. You hereby release SNF from any liability that may arise from disclosure of the User ID. In addition, you are solely responsible for the integrity and security of your Internet connection, as well as the integrity and security of your computer hardware, and you hereby release SNF from any liability that may arise from vulnerability of such connections or hardware, or breach of security.
- You have the sole responsibility for (i) obtaining, installing, and maintaining all network servers and other equipment, together with all required software or related components which are necessary for interconnection to our network facilities, or otherwise required for use in connection with the SaaS (the “User Provided Equipment”); and (ii) ensuring that such User Provided Equipment and related services are compatible with our requirements (including any modifications of the SaaS made by us from time to time).
- You acknowledge that delivery of the SaaS is dependent on the continuous availability and proper functioning of the User Provided Equipment and that SNF has no liability for failure to deliver the SaaS arising from your failure to comply with paragraph (e) above.
- You acknowledge that delivery of the SaaS is dependent on the Internet and that the quality or availability of the SaaS may from time to time be adversely affected due to delays, limitations, or other problems inherent in the use of the Internet. SNF has no liability for delays or failure to deliver the SaaS arising from delays, limitations, or problems inherent in the use of the Internet.
- You acknowledge that all IP addresses and/or network connections assigned by SNF or its hosting service providers to you in connection with the SaaS remain the property of SNF or its hosting service provider and all use thereof shall be surrendered by the User on termination of this Agreement.
- You acknowledge that routine maintenance and periodic system repairs, upgrades, and reconfigurations may result in temporary impairment or interruption in the SaaS. As a result, we reserve the right, from time to time, to temporarily reduce or suspend the SaaS.
- During the term of this Agreement, it is your sole responsibility to retain archived copies of data or reports created by the Licensed Software.
- TheClient Software may only be accessed by customers or prospective customers using a URL designated by SNF.
- AUDIT RIGHTS. SNF shall have the right to review and audit your records upon request and reasonable notice to ensure your compliance with this Agreement.
- TERMINATION. Upon termination of this End User License Agreement as a result of breach of any of its terms and conditions by you, you shall make no further use of the Licensed Software, shall purge same from any computer into which it has been installed, and shall destroy any copies thereof in your possession. In that event, SNF shall be entitled, but not obliged, to delete all information related to you that has been provided to it, including data and financial plans pertaining to your customers, to bar you from having access to the Web site and to any Licensed Software in the control of SNF.
- YOU ACKNOWLEDGE THAT SNF, ANY LICENSOR OTHER THAN SNF, AND THE THIRD PARTY PROVIDERS ARE NOT IN THE BUSINESS OF PROVIDING ADVICE WITH RESPECT TO THE PREPARATION OF FINANCIAL PLANS AND THAT THE LICENSED SOFTWARE IS NOT ERROR FREE. THE LICENSED SOFTWARE IS PROVIDED “AS IS,” AND YOU ARE USING THE LICENSED SOFTWARE AND THE SAAS ENTIRELY AT YOUR OWN RISK. NEITHER SNF, NOR ANY LICENSOR OTHER THAN SNF NOR ANY THIRD PARTY PROVIDER (WHICH INCLUDES SUCH PARTY AND ITS STOCKHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS) MAKE ANY REPRESENTATION OR WARRANTY: (A) THAT THE OPERATION OF THE LICENSED SOFTWARE SHALL BE UNINTERRUPTED OR ERROR FREE OR THAT ALL ERRORS IN THE LICENSED SOFTWARE WILL BE CORRECTED; (B) THAT FUNCTIONS CONTAINED IN THE LICENSED SOFTWARE THAT MAY BE SELECTED FOR USE BY YOU SHALL MEET YOUR REQUIREMENTS; (C) AS TO THE OPERATION, CAPACITY, SPEED, FUNCTIONALITY, QUALIFICATIONS, CAPABILITIES, ACCURACY, COMPLETENESS, SEQUENCE, TIMELINESS, RELIABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR MERCHANTABILITY OF THE LICENSED SOFTWARE OR ANY INFORMATION TO WHICH YOU HAVE ACCESS THROUGH THE LICENSED SOFTWARE OR ANY SERVICES, GOODS, PERSONNEL, OR RESOURCES PROVIDED; (D) AS TO THE MATERIALS, WORKMANSHIP, OR PERFORMANCE OF THE LICENSED SOFTWARE OR SAAS.
- SNF, ANY LICENSOR OTHER THAN SNF, AND THE THIRD PARTY PROVIDERS HEREBY DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, WITH RESPECT TO THE LICENSED SOFTWARE AND THE SAAS, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND ANY WARRANTIES ARISING FROM STATUTE, COURSE OF DEALING OR COURSE OF PERFORMANCE.
- THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE LICENSED SOFTWARE IS EXPRESSLY ASSUMED BY YOU AND YOU ACCEPT FULL RESPONSIBILITY FOR ANY INVESTMENT DECISIONS OR STOCK TRANSACTIONS MADE BY YOU OR YOUR CUSTOMERS USING THE LICENSED SOFTWARE OR SAAS OR ANY INFORMATION AVAILABLE THROUGH THE LICENSED SOFTWARE.
- In addition, neither SNF nor any Third Party Providers shall be liable, either in contract, tort, warranty, strict liability, negligence or under any statute, regulation, or any other theory for any losses or damages resulting from (i) unauthorized access, alteration, theft, corruption, or destruction of or to the User’s Confidential Information or the User’s computer files, databases, network, transmission facilities, or equipment; or (ii) the content, accuracy, or quality of the data transmitted using the SaaS.
- Some states do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. If such disclaimer of implied warranties is not permitted by law, the duration of any such implied warranties is limited to ninety (90) days from the date of your initial access of the licensed software. If an error in the Licensed Software is reported by you and is a result of a breach of the foregoing limited warranty, SNF’s sole and exclusive obligation under this paragraph, at SNF’s option, shall be to (a) use commercially reasonable efforts to supply a workaround for the error, or (b) use commercially reasonable efforts to correct the error.
LIMITATION OF LIABILITY.
- YOU EXPRESSLY AGREE THAT NEITHER SNF, ANY LICENSOR OTHER THAN SNF, NOR ANY THIRD PARTY PROVIDER, SHALL BE LIABLE FOR YOUR USE OF THE LICENSED SOFTWARE. THE LIABILITY OF SNF, ANY LICENSOR OTHER THAN SNF, OR ANY THIRD PARTY PROVIDER UNDER THIS END USER LICENSE AGREEMENT IS LIMITED TO THE CORRECTION OF ANY ERROR OR MALFUNCTION IN THE LICENSED SOFTWARE AND SHALL NOT INCLUDE LIABILITY FOR LOSS OF DATA, LOSS OF COMPUTER TIME, ANY DIRECT OR INDIRECT DAMAGES, OR ANY CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOST REVENUE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT PRODUCT LIABILITY, OR OTHERWISE SUSTAINED BY THE USER OF THE LICENSED SOFTWARE, OR BY ANY THIRD PARTY WHO ADVANCES A CLAIM AGAINST EITHER SNF OR THE USER, HOWEVER CAUSED AND BASED ON ANY THEORY OF LIABILITY ARISING OUT OF OR RELATING TO THIS LICENSE OR THE USE OF THE LICENSED SOFTWARE, AND REGARDLESS OF WHETHER SNF WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES PRIOR TO OR AFTER THIS LICENSE CAME INTO EFFECT. IN NO EVENT SHALL SNF’S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN CONNECTION WITH THIS END USER LICENSE AGREEMENT EXCEED THE TOTAL FEES PAID TO SNF BY YOU FOR THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE IMPOSITION OF SUCH LIABILITY.
- THE LIMITATIONS SET FORTH ABOVE SHALL BE DEEMED TO APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDIES. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE FULLY CONSIDERED THE FOREGOING ALLOCATION OF RISK AND FIND IT REASONABLE, AND THAT THE FOREGOING LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN SNF AND YOU. IF YOU DO NOT WANT TO ACCEPT THESE RISKS, DO NOT ACCESS, USE, OR INSTALL THE LICENSED SOFTWARE.
- SEVERABILITY. The invalidity or unenforceability of any provision in this Agreement will not affect the validity or enforceability of any other provision. However, it is intended that any invalid or unenforceable provision of this Agreement be construed by a court of competent jurisdiction by limiting or reducing it so as to be valid or enforceable to the extent compatible with applicable law.
- INDEMNITY. The User will indemnify and save each of SNF, any Licensor other than SNF and any Third Party Provider, and its and their affiliates, officers and directors, harmless from and against all loss, liability, damage and expense, including reasonable legal fees, caused by the User or the User’s officers, employees, agents, vendors, or contractors and arising from claims or demands: (a) for damages to property or for injury or death to persons, including without limitation any disability, death or Worker’s Compensation benefits; (b) from data transmitted, received, or stored using the SaaS by or through the User in violation of any of the provisions of this Agreement or any applicable law; (c) of infringement of a third party’s proprietary rights based upon any information, materials, or access to same provided by the User; or (d) out of or relating to the conduct of the User’s business, including without limitation, claims by any customer or end user of the User's products or services, and claims relating to the use by the User of the Licensed Software, SaaS, or any work product therefrom.
- “User’s Confidential Information” means non-public personal, confidential, private, or secret information of the User in all material forms that is transmitted to or from SNF (or to or from a Third Party Provider) for processing or otherwise pursuant to this Agreement. The confidentiality of any communication or material transmitted by way of a Web site or e-mail cannot be guaranteed. Use of the Internet when disclosing User’s Confidential Information carries the inherent risk of it becoming accessible to the public, and consequently, collected and used by others without the consent of the User. Neither SNF nor its Third Party Providers have any responsibility or liability for the security of User’s Confidential Information during transmission by way of the Internet.
- The parties to this Agreement shall comply with their respective obligations pursuant to the Gramm-Leach-Bliley Act (United States of America) and the Personal Information Protection and Electronic Documents Act (Canada) (the “Privacy Laws”), as applicable. The policies and practices of SNF with respect to the privacy of User’s Confidential Information are that no use thereof or disclosure to non-affiliated third parties will be made except:
- To assist in the use of the Licensed Software by the User;
- To test and upgrade the Licensed Software incidental to the normal assistance to be provided to the User by SNF;
- To create statistical analyses for use by the User, SNF, and by others to whom the User has authorized SNF to provide such analyses. Subject as hereinafter provided, the only non-affiliated third parties to whom the User’s Confidential Information may be provided by SNF are Third Party Providers who are engaged to process the User’s Confidential Information, and who will be contractually bound to keep same confidential and to make no other use thereof. Each of the User and SNF agrees to comply with the Privacy Laws applicable to its business, and represents to the other that it has implemented and will maintain commercially reasonable policies, practices, and security measures as may be required pursuant to such Privacy Laws.
- If the User is an employee, agent, or independent contractor associated with an employer, principal, or other organization that has an agreement with SNF under which SNF is to provide either statistical or other reports respecting the User’s use of the Licensed Software or copies of plans prepared using the Licensed Software, the User consents to the provision thereof by SNF to such employer, principal or organization.
- Neither this End User License Agreement nor any rights granted herein may be assigned by you.
- You are responsible for paying all federal, state, provincial, and local taxes that may be payable on account of the Licensed Software and for any service or product provided under this Agreement and all of them shall be paid when due.
- You agree that you will comply with all applicable export laws with respect to the use of the Licensed Software.
- If you have been licensed to use the Licensed Software by a Licensor other than SNF, then in consideration of SNF’s having consented to your being licensed as such, SNF shall be entitled to enforce this End User License Agreement as if it had directly licensed the Licensed Software to you on the terms and conditions of this End User License Agreement.
- If any one or more of the provisions of this End User License Agreement shall for any reason be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions of this End User License Agreement shall be unimpaired and shall remain in full force and effect, and the invalid, illegal, or unenforceable provision shall be replaced by a valid, legal, and enforceable provision that comes closest to the intent of the parties underlying the invalid, illegal, or unenforceable provision.
- Any waiver by SNF of your breach of any provision of this End User License Agreement shall be made in writing, and shall not operate or be interpreted as a waiver of any other or subsequent breach by you.
- This End User License Agreement, and any and all claims that may arise in connection with the Licensed Software, shall be governed by the substantive laws of the State of Texas without giving effect to its conflict of law principles. The state and federal courts for Sherman, Texas, shall have exclusive jurisdiction of disputes arising under this Agreement.
- You hereby consent to and waive any objection to jurisdiction of and venue in such courts. If any action is commenced to enforce the terms or provisions of this End User License Agreement, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and costs incurred thereby. To the fullest extent permitted by law, each party hereby expressly waives (on behalf of itself and on behalf of any person or entity claiming through such party) any right to a trial by jury in any action, suit, proceeding, or counterclaim of any kind arising out of or in any manner connected with this Agreement or the subject matter hereof.
- This End User License Agreement and the Master Subscription Agreement or Integration Agreement (if any) between you and SNF (the “MSA”) constitutes the entire agreement and understanding of the parties with respect to its subject matter, and they supersede all prior or contemporaneous oral or written agreements or understandings concerning the Licensed Software. In the event of any conflict between this End User License Agreement and the MSA or Integration Agreement (if any), the MSA or Integration Agreement shall control.
- You acknowledge that the Third Party Providers are third party beneficiaries of, and are relying upon, the provisions in this End User License Agreement.
Terms & Conditions
For Families of Special Needs, Inc. TERMS & CONDITIONS
These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
[You must be at least  years of age to use this website. By using this website [and by agreeing to these terms and conditions] you warrant and represent that you are at least  years of age.]
License to use website
Unless otherwise stated, [NAME] and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages [or [OTHER CONTENT]] from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
- republish material from this website (including republication on another website);
- sell, rent or sub-license material from the website;
- show any material from the website in public;
- reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;]
- [edit or otherwise modify any material on the website; or]
- [redistribute material from this website [except for content specifically and expressly made available for redistribution].]
[Where content is specifically made available for redistribution, it may only be redistributed [within your organisation].]
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without [NAME'S] express written consent.
[You must not use this website to transmit or send unsolicited commercial communications.]
[You must not use this website for any purposes related to marketing without [NAME'S] express written consent.]
[Access to certain areas of this website is restricted.] [NAME] reserves the right to restrict access to [other] areas of this website, or indeed this entire website, at [NAME'S] discretion.
If [NAME] provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.
[[NAME] may disable your user ID and password in [NAME'S] sole discretion without notice or explanation.]
In these terms and conditions, â€œyour user contentâ€ means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
You grant to [NAME] a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to [NAME] the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or [NAME] or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
[NAME] reserves the right to edit or remove any material submitted to this website, or stored on [NAME'S] servers, or hosted or published upon this website.
[Notwithstanding [NAME'S] rights under these terms and conditions in relation to user content, [NAME] does not undertake to monitor the submission of such content to, or the publication of such content on, this website.]
This website is provided â€œas isâ€ without any representations or warranties, express or implied. [NAME] makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, [NAME] does not warrant that:
- this website will be constantly available, or available at all; or
- the information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind. [If you require advice in relation to any [legal, financial or medical] matter you should consult an appropriate professional.]
Limitations of liability
[NAME] will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
- [to the extent that the website is provided free-of-charge, for any direct loss;]
- for any indirect, special or consequential loss; or
- for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if [NAME] has been expressly advised of the potential loss.
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit [NAME'S] liability in respect of any:
- death or personal injury caused by [NAME'S] negligence;
- fraud or fraudulent misrepresentation on the part of [NAME]; or
- matter which it would be illegal or unlawful for [NAME] to exclude or limit, or to attempt or purport to exclude or limit, its liability.
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.
[You accept that, as a limited liability entity, [NAME] has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against [NAME'S] officers or employees in respect of any losses you suffer in connection with the website.]
[Without prejudice to the foregoing paragraph,] you agree that the limitations of warranties and liability set out in this website disclaimer will protect [NAME'S] officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as [NAME].
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
You hereby indemnify [NAME] and undertake to keep [NAME] indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by [NAME] to a third party in settlement of a claim or dispute on the advice of [NAME'S] legal advisers) incurred or suffered by [NAME] arising out of any breach by you of any provision of these terms and conditions[, or arising out of any claim that you have breached any provision of these terms and conditions].
Breaches of these terms and conditions
Without prejudice to [NAME'S] other rights under these terms and conditions, if you breach these terms and conditions in any way, [NAME] may take such action as [NAME] deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
[NAME] may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
[NAME] may transfer, sub-contract or otherwise deal with [NAME'S] rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
These terms and conditions [, together with [DOCUMENTS],] constitute the entire agreement between you and [NAME] in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.
Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with [GOVERNING LAW], and any disputes relating to these terms and conditions will be subject to the [non-]exclusive jurisdiction of the courts of [JURISDICTION].
About these website terms and conditions
We created these website terms and conditions with the help of a free website terms and conditions form developed by Contractology and available at www.For Families of Special Needs, Inc..com. Contractology supply a wide variety of commercial legal documents, such as template data protection statements.
[Registrations and authorisations
[[NAME] is registered with [TRADE REGISTER]. You can find the online version of the register at [URL]. [NAME'S] registration number is [NUMBER].]
[[NAME] is subject to [AUTHORISATION SCHEME], which is supervised by [SUPERVISORY AUTHORITY].]
[[NAME] is registered with [PROFESSIONAL BODY]. [NAME'S] professional title is [TITLE] and it has been granted in [JURISDICTION]. [NAME] is subject to the [RULES] which can be found at [URL].]
[[NAME] subscribes to the following code[s] of conduct: [CODE(S) OF CONDUCT]. [These codes/this code] can be consulted electronically at [URL(S)].
[[NAME'S] [TAX] number is [NUMBER].]]
The full name of [NAME] is [FULL NAME].
[[NAME] is registered in [JURISDICTION] under registration number [NUMBER].]
[NAME'S] [registered] address is [ADDRESS].
You can contact [NAME] by email to [EMAIL].
By using this WEBSITE TERMS AND CONDITIONS template document, you agree to the terms and conditions set out on For Families of Special Needs, Inc..com. You must retain the credit set out in the section headed "ABOUT THESE WEBSITE TERMS AND CONDITIONS". Subject to the licensing restrictions, you should edit the document, adapting it to the requirements of your jurisdiction, your business and your website. If you are not a lawyer, we recommend that you take professional legal advice in relation to the editing and use of the template.