EverydayFamily.com Terms of Use

THIS AGREEMENT CONTAINS THE GENERAL TERMS AND CONDITIONS GOVERNING YOUR USE OF THIS WEBSITE AND OUR SERVICES. AMONG OTHER THINGS, THESE TERMS OF USE DESCRIBE THE USER’S RESPONSIBILITY AND LIMIT EVERYDAYFAMILY’S LIABILITY. BY ACCESSING, USING OR SIGNING UP FOR THIS WEBSITE, OUR NEWSLETTERS OR ANY OTHER SERVICES, YOU AGREE TO BE BOUND BY THIS AGREEMENT.

EverydayFamily was created to educate, inform, support and entertain parents and parents-to-be. Registering with EverydayFamily also provides access to special site features, special offers and deals from our sponsors and informative health newsletters about your growing family. These Terms of Use (this “Agreement”) set forth the terms and conditions governing your use of this web site and all associated services.

Changes to the Terms of Use – EverydayFamily reserves the right, in its sole discretion, to amend these Terms of Use at any time upon posting the amended terms on the site, or upon providing notice thereof by electronic or conventional mail or any other reasonable means. The amended terms shall automatically be effective. The user’s continued use of the site or any of our services following EverydayFamily’s posting of any changes will constitute the user’s acceptance of such changes. Accordingly, whenever you visit this web site you should check to see if a new version of the Agreement has been posted.

Eligibility – You must be 18 or over, or the legal age to form a binding contract in your jurisdiction if that age is over 18 years of age, to register as a EverydayFamily member. This site is directed to adults in the United States and is not intended for children under the age of thirteen. If you do not meet these eligibility requirements, please do not use the site or any services offered by EverydayFamily.

Privacy – Our privacy practices related to personally identifiable information is described in our Privacy Policy which is incorporated into these Terms of Use by reference, as if set forth fully herein.

Informational Purposes Only (Content Disclaimer) – There is a variety of content (education articles, advice, recommendations, comments, posts, text, graphics, photographs, videos, and other materials) provided on the web site. Some of the content is provided by EverydayFamily, its advertisers or its suppliers, and other content is provided by persons who use the web site, such as user opinions and views provided via posts to comment walls, blogs, discussion forums or on their personal websites. While EverydayFamily makes it’s best effort to keep the content that it posts on the web site accurate, complete, and up-to-date, EverydayFamily cannot guarantee, and is not responsible for, the accuracy, completeness, or timeliness of any content, whether provided by EverydayFamily its advertisers, its suppliers or by users of the web site. Any opinions, advice, statements or other information expressed or made available by users or third parties, including but not limited to bloggers, are those of the respective user or other third party and not of EverydayFamily. EverydayFamily does not endorse and is not responsible for the accuracy or reliability of any opinion, advice or statement made on the web site. EverydayFamily does not have any obligation to filter, prescreen, remove or edit any content provided by third parties or users that is posted on or available through the web site. EverydayFamily will have the right in its sole discretion and for any reason, to prescreen, edit, refuse to accept, move or remove any such content.

THE INFORMATION OFFERED ON EVERYDAYFAMILY.COM IS FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. NO INFORMATION, SERVICES, OR MATERIALS OFFERED BY OR THROUGH THIS SITE SHALL BE CONSTRUED AS OR UNDERSTOOD TO BE MEDICAL ADVICE OR CARE. NONE OF THE INFORMATION ON THIS SITE SHALL BE USED TO DIAGNOSE OR TREAT ANY HEALTH PROBLEM OR DISEASE. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER REGARDING ANY MEDICAL CONDITION AND BEFORE STARTING ANY NEW TREATMENT.

Restrictions of Use - EverydayFamily grants you a nonexclusive, nontransferable, revocable, limited license to view, copy, print, and distribute content retrieved from the web site only for your personal, noncommercial use, provided that you do not remove or obscure any copyright notice, trademark notice, or other proprietary rights notices displayed on or in conjunction with the content. You may not use any content available via the web site in any other manner or for any other purpose without the prior written permission of EverydayFamily or the rights holder. All rights not expressly granted in this Agreement are expressly reserved to EverydayFamily.

Trademarks, Service Marks, Logos and Designs – EverydayFamily, and related marks whether registered or unregistered are trade or service marks of EverydayFamily. Trademarks, service marks, logos or designs owned by EverydayFamily or any third party making products available on the site may not be used in connection with any product or service that is not properly authorized by EverydayFamily.

Third Party Services – As a convenience to you, we may provide links to third-party websites or provide co branded pages hosted on third-party websites. Your dealings with advertisers or other third parties found on or accessible through the web site are solely between you and the third party. These dealings include, but are not limited to, your participation in promotions, the payment for and delivery of items if any, and any terms, conditions, warranties, or representations associated with such dealings. Those websites and the parties that control them are beyond our control. We make no representations as to the content, quality, suitability, functionality or legality of any sites to which we may provide links, and you hereby waive any claim you might have against us with respect to such sites and their operators. You may order services or merchandise through links on our sites from persons not affiliated with us. All matters concerning such merchandise or services, including, but not limited to, purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the merchants with whom you chose to do business. We make no warranties or representations whatsoever with regard to any goods or services provided by those merchants. You will not consider us – nor will we be deemed – a party to such transactions, whether or not we may have received some form of remuneration in connection with the transaction. We will not be liable for any costs or damages arising out of any transaction (whether directly or indirectly) between you and any other person or entity.

User Generated Content – At EverydayFamily we encourage our members to post a variety of information to the forums, blogs, or their personal websites including but not limited to videos, photos, user reviews, forum posts and blog posts. Responsibility for what is posted in the discussion groups or other public forums on our site lies with each user–you alone are responsible for the content of your messages, and the consequences of any such messages. You agree not to use our sites to send or submit materials:

  • a) that are false, inaccurate or misleading;
  • b) that infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
  • c) that violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination and false advertising);
  • d) that are libelous, threatening or harassing;
  • e) that are obscene or contain any kind of pornography;
  • f) that contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; that might create liability for us or might cause us to lose (in whole or in part) the services of our Internet service providers or other suppliers;
  • g) that interfere with the ability of others to enjoy our site;
  • h) that impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or consultant of EverydayFamily;
  • i) that link to or include descriptions of goods or services that: (i) are prohibited under this Agreement; or (ii) you do not have a right to link to or include;
  • j) that contain any content that you do not have the right to make available under any law or any contractual or fiduciary relationship (such as inside information and confidential information learned under a non-disclosure agreement); or
  • k) that instigate or encourage others to commit illegal activities or cause injury or property damage to any person.

EverydayFamily does not endorse any user submission or any opinion, recommendation, or advice expressed therein, and EverydayFamily expressly disclaims any and all liability in connection with user submissions. EverydayFamily reserves the right to remove user submissions without prior notice. EverydayFamily will also terminate a user’s access to the site, if they are determined to be repeat offenders. EverydayFamily also reserves the right to decide whether user submissions are appropriate and complies with these Terms of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. EverydayFamily may remove such user submissions and/or terminate a user’s access for uploading such material in violation of these Terms of Use at any time, without prior notice and at its sole discretion.

You understand that when using the site, you will be exposed to user submissions from a variety of sources, and that EverydayFamily is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such user submissions. You further understand and acknowledge that you may be exposed to user submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against EverydayFamily with respect thereto, and agree to indemnify and hold EverydayFamily, its owners/operators, affiliates, and/or licensor, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

EverydayFamily has no obligation whatsoever to monitor any of the content or postings on the message boards, comment walls, or other public forums. However, you acknowledge and agree that we reserve the right to monitor the same at our sole discretion. EverydayFamily employees typically moderate our boards on a daily basis. Unless otherwise stated, these moderators are not medical professionals and should not be construed as such. Our moderators reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users and visitors. In addition, EverydayFamily and EverydayFamily’s moderators reserve the right to contact users to inform them of policies, hide users’ posts or delete users’ accounts without warning or notice in advance, for any reason, including but not limited to the violation of these Terms. By sending or transmitting to us content, images, video, audio files, creative suggestions, ideas, notes, concepts, information or other materials (collectively, “Submission Materials”), or by posting such Submission Materials on the Sites, you hereby grant to us and our designees a worldwide, non-exclusive, sublicenseable, assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute, modify, create derivative works of, publicly perform, publicly display, digitally perform, sell, offer for sale and import such Submission Materials in any media now known or hereafter devised, for any purpose whatsoever, commercial or otherwise, without compensation to you. The foregoing license to EverydayFamily shall be fully paid-up and royalty free. You represent and warrant that any person or entity named or pictured in such Submission Material has provided any necessary licenses, rights or authorizations to allow EverydayFamily’’s use of such Submission Materials in accordance with such license. None of the Submission Materials disclosed or posted via message boards, chats or other public forums shall be subject to any obligation, whether of confidentiality, attribution or otherwise.

Links – We reserve the right to disallow you to link to the Sites at any time in our sole discretion. If we exercise such right, you agree to immediately remove and disable any and all of your links to the Sites. In the absence of a written agreement with us specifying how you may link to the Site, use the following guidelines for adding one or more links to the Site from your website:

  • The link must be a text-only link that clearly includes the URL of the applicable Site;
  • If the link points to any page on a Site other than the home page, the text link must also include the title of the target landing page. (For example, if the link points to the “Health and Wellbeing” area of the EverydayFamily.com Site, the link should include the words “Healthy and Wellbeing – EverydayFamily.”);
  • The appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with our good name and trademarks;
  • The appearance, position and other aspects of the link may not create the false impression that an entity is associated with, sponsored by, or endorsed by us;
  • The link, when activated by a user, must display the Site full-screen and not within a “frame” on the linking website and linking may not trigger any interstitial or pop-up or pop-under windows; and
  • The link may not be used in connection with or appear on a website that a reasonable person might consider offensive, obscene, defamatory or otherwise malicious.

Disclaimer of Warranties – YOU AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. OUR SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EVERYDAYFAMILY, ITS AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION, MATERIALS AND SERVICES AVAILABLE THROUGH OUR SITE. WE DO NOT GUARANTEE OUR SITE TO BE ERROR-FREE, SECURE, CONTINUOUSLY AVAILABLE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

YOU ALSO AGREE THAT IF YOU RELY ON ANY DATA OR INFORMATION OBTAINED THROUGH OUR SITES, YOU DO SO AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS FROM YOUR USE OF ANY MATERIAL AND/OR DATA.

OUR SITE IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER EVERYDAYFAMILY NOR ITS USERS, WHILE SUCH USERS ARE PARTICIPATING IN THE SITE, ARE ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. OUR SITE IS NO SUBSTITUTE FOR PROFESSIONAL SERVICES OR ADVICE. EVERYDAYFAMILY, ITS AFFILIATES, AGENTS, AND LICENSORS MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES REFERRED TO, ADVERTISED ON, OR OBTAINED THROUGH OUR SITE.

Limitation of Liability – UNDER NO CIRCUMSTANCES WILL EVERYDAYFAMILY OR ITS AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF YOUR USE OF OUR SITE, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIABILITY OF EverydayFAMILY, ITS AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO ANY OF OUR SITES WILL NOT EXCEED THE AMOUNT YOU PAID TO US TO USE THE SITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF EVERYDAYFAMILY, ITS AFFILIATES, AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.

Indemnification - You agree to indemnify, defend and hold harmless EverydayFamily, its affiliates and suppliers from any liability, loss, claim and expense (including attorneys’ reasonable fees) related to (i) your violation of this agreement, and (ii) your posting of material to this site.

Termination – Either party may terminate the Agreement for any or no cause, at any time, by notice, which shall be effective immediately or as specified in the notice. After termination, you shall no longer access the Web Site or use any of the services associated with the web site. The provisions of this Agreement which by their intent or meaning intended to survive such termination shall continue to apply indefinitely.

Severability of Agreement – If any provision of the Agreement is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties’ intentions as reflected in that provision, and the remaining provisions contained in the Agreement shall continue in full force and effect.

Governing Law and Jurisdiction - These Terms and Conditions, including but not limited to, the Privacy Policy, represent the entire agreement between you and EverydayFamily with respect to the subject matter hereof, and supersede any and all prior and contemporaneous written and oral representations, understandings, and agreements, express and implied, and will be governed by and construed in accordance with the laws of the State of California, without reference to its conflict of law rules; PROVIDED, HOWEVER, THAT THE TERMS OF ANY APPLICABLE LAW NOW OR HEREAFTER ENACTED THAT IS BASED ON, DERIVED FROM, SIMILAR TO, OR CONNECTED WITH THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT DRAFTED BY THE NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS SHALL NOT APPLY EXCEPT TO THE EXTENT THAT THE LAW EXPRESSLY PROHIBITS ALTERATION BY THESE TERMS AND CONDITIONS OF THE APPLICABILITY OF ONE OR MORE SECTIONS OF THE LAW. By accessing, viewing, or using the content, services or materials on this Site, you consent to the exclusive jurisdiction of the federal and state courts presiding in Hillsborough County, Florida, and agree to accept service of process by personal delivery or mail and hereby waive any and all jurisdictional and venue defenses otherwise available.

Contact Information – If you have any questions or concerns with respect to this Agreement or the Web Site you may contact EverydayFamily by e-mail or mail at EverydayFamily: Member Services, 2406 Cypress Glen Dr #101, Wesley Chapel, FL 33544.

Updated : 08/08/12

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