This Agreement is subject to change by the website at any time, effective upon posting on the website, and your use of the Service after such posting will constitute acceptance by you of such changes. Please consult the end of this Agreement to determine when the agreement was last revised. Your use of, or participation in, certain services may be subject to additional terms, and such terms will be either listed in this Agreement or will be presented to you for your acceptance when you sign up to use such services. CreatingExtendedFamilies.com may offer additional services or revise any of its services, at its discretion, and this Agreement will to apply to all additional services or revised services. CreatingExtendedFamilies.com also reserves the right to cease offering any of the Services at any time without notice.
- Adults Only. You must be at least eighteen (18) years of age (or the age of majority in your jurisdiction, if it is older) to register and use the CEF service. By using the site and/or service, you represent and warrant that you are at least 18 years old and have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
- Platonic Intention. The intention of Creating Extended Families is to match adults for the purpose of creating surrogate extended family relationships, which are platonic. A romantic relationship between users of this service would defeat the purpose of the site. You may not use this site to look for a romantic partner. By using this Website, you represent and warrant that you will not seek to find a romantic partner using the CEF service. CEF reserves the right to investigate (including, but not limited to, reviewing any content, messages, double blind emails, or profiles) and take appropriate action against anyone who violates, in the sole discretion of CEF, this condition of eligibility to use the service, which may include, but is not limited to, terminating membership. If CEF terminates your membership in the Service, because you have breached this condition of eligibility, you will not be entitled to any refund of unused subscription fees.
- Criminal History. By using the service, you represent and warrant that you have never been convicted of a felony or any crime involving fraud. CEF DOES NOT CURRENTLY CONDUCT CRIMINAL BACKGROUND SCREENINGS ON ITS MEMBERS. However, CEF reserves the right to conduct a criminal background check, at any time and using available public records, to confirm your compliance with this subsection.
- Use of Site and Service.
- No Advertising or Commercial Use. The site and service are for the personal use of individual users only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not become members and should not use the site or service for any purpose.
You may not engage in advertising to, or solicitation of, site users. This includes, but is not limited to, solicitation or advertising to buy or sell any products or services through the Service or to attend parties or other social functions or networking for commercial purposes. You may not transmit any chain letters or junk email to site users. Although CEF cannot monitor the conduct of its users off of this site, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent. In order to protect our users from such advertising or solicitation, we reserve the right to restrict the number of matches and/or emails which a user may obtain and/or send to other user in any 24-hour period to a number which we deem appropriate in our sole discretion.
Illegal and/or unauthorized uses of the site, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the site may be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress. Use of the site and service is with the permission of CEF, and it may be revoked at any time, for any reason, in CEF’s sole discretion.
If you breach the terms of this subsection and send or post unsolicited bulk email, spam or other unsolicited communications of any kind through the service, you acknowledge that you will have caused substantial harm to CEF, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay CEF $50 for each such unsolicited communication you send through the service.
- Risk Assumption and Precautions. You assume all risk when using the service, including but not limited to all of the risks associated with any online or offline interactions with others. You agree to take all necessary precautions when meeting individuals through the service. You are solely responsible for your interactions with other members. You understand that CEF does not screen its users; CEF does not do background checks of its users; and CEF does not attempt to verify the statements of its users. CEF makes no representations or warranties as to the conduct of users or their compatibility with any current or future users. In no event shall CEF be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, or other, arising out of or relating to the conduct of you or anyone else in connection with the use of the service, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other users of this service or persons you meet through this service. You agree to take necessary precautions in all interactions with other members of the service, particularly if you decide to meet offline or in person. In addition, you agree to review CEF’s “Usage Tips” page prior to using the service. You understand that CEF makes no guarantees, either express or implied, regarding without limitation: your ultimate compatibility with individuals you meet through the service; the conduct of such individuals; or the number or frequency of matches through the service. Amongst other precautions, you should not provide your financial information (for example, your credit card or bank account information) to other members. You should also not provide personally identifying information in your Member profile, such as any telephone numbers, street addresses, last names, web addresses, URLs, email addresses.
- No Third Party Beneficiaries. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
- Exclusive Use. Your account is for your personal use only. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity.
- Account Security. You are responsible for maintaining the confidentiality of the username and password that you designate during the Registration process, and you are fully responsible for all activities that occur under your username and password. You agree to (a) immediately notify CEF of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. CEF will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You acknowledge that CEF is not responsible for third party access to your account that results from theft or misappropriation of your user names and passwords.
- Unique and Bona Fide Profile. As a user of the service, you will create only one unique profile. In addition, your use of the service must be for a bona fide extended family relationship seeking service (for example, you may not register to compile a report of others seeking such relationships, or to write a school or other kind of research paper.) From time to time, CEF may create test profiles in order to monitor the operation of the Service.
- Geographic Limitations. You agree to only use the Services in a manner consistent with this Agreement and any and all applicable local, state, national and international laws and regulations, including, but not limited to, Unites States export control laws. You represent and warrant that you are not located in, under the control of, or a national or resident of any country which the United States has (i) embargoed goods, (ii) identified on the US Treasury Department’s list as a “Specially Designated National,” or (iii) placed on the US Commerce Department’s Table of Deny Orders. Registration for, and use of, the Services are void where prohibited. To the extent that the Services are not legal in your jurisdiction, you many not use the Services. The Services may not be used where prohibited by law. By using this service, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
- No harassment of CEF owners, employees or agents. You may not harass, annoy, intimidate or threaten any CEF owners, employees or representatives. CEF may provide customer assistance and guidance. When communicating with our owners or representatives, you may not to be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, or otherwise behave inappropriately. If we feel that your behavior towards any of our owners, customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your membership and you will not be entitled to any refund of unused subscription fees.
- You are responsible for the information you submit. You also are solely responsible for, and assume all liability regarding: (i) the information and content you contribute to the site; (ii) the information and content you post, transmit, publish, display or otherwise make available (hereinafter “post”) through the service; and (iii) your interactions with other users of the service.
- Posting and Communication Restrictions.
- Right of review and deletion. You understand and agree that CEF is not obligated to, but may investigate, review and delete (without notice, without saving a copy or the content, and without liability or refund to the offending user) any content, messages, double-blind emails, photos or profiles, or any other material provided by users (collectively "Content"), in each case in whole or in part, which in the sole judgment of CEF violates this Agreement, particularly, but not limited to, such Prohibited Content as is listed below. In such an event, CEF reserves the right to terminate your membership with or without notice and without refund.
- Legal use. Your use of the Service, including but not limited to the Content you post on the Service, must be in accordance with any and all applicable laws and regulations.
- No false information. You will not provide inaccurate, misleading or false information to CEF or to any user. If information provided to CEF or another user subsequently becomes inaccurate, misleading or false, you will promptly notify CEF of such change.
- Reporting of Violations. You should promptly report to CEF any violation of the Agreement by others.
- Prohibited Content. The following is a partial list of the kind of Content that is illegal or prohibited on the site. CEF reserves the right to investigate and take appropriate legal action against anyone who violates, according to the sole discretion of CEF, this provision, including, but not limited to, removing the offending content from the Service and terminating the membership without refund of such violators. It includes, but is not limited to, Content that:
Harasses other users, such as content that:
- is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- stalks, harasses, advocates harassment, annoys, threatens, or intimidates any other user of the site or service;
- indicates an attempt to use this site to find romantic partners;
- is defamatory, libelous, slanderous, inaccurate, abusive, obscene, profane, sexually oriented, false, misleading, or otherwise objectionable;
- is intended to defraud, swindle or deceive other users of the Service;
- promotes or solicits involvement in or support of a political platform, religion, cult or sect;
- disseminates another person’s personal information without his or her permission, or collects or solicits passwords or personal information for commercial or unlawful purposes from other users;
- is off topic, meaningless, or otherwise intended to annoy or interfere with other’s enjoyment of the site;
- solicits gambling or engages in any gambling or similar activity;
- involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
Is illegal, such as content that:
- is illegal or promotes illegal activities;
- impersonates or otherwise misrepresents affiliation, connection or association with any person or entity;
- expresses or implies that any statements you make are endorsed by CEF, without our specific prior written consent;
- infringes or violates another party’s rights (including, but not limited to, intellectual property rights, copyrights, trademarks, patents, privacy rights, publicity rights, personality rights, or any other proprietary rights);
- contains others’ copyrighted content (i.e. music, videos, photographs, images, software, etc.);
- contains video, audio photographs, or images of another person without his or her permission;
- promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files;
- provides material that exploits people under the age of 18 in a sexual or violent manner, or collects or solicits personal information from anyone under the age of 18;
- promotes, enables or provides instructional information about illegal activities, such as making or buying illegal weapons or drugs, violating someone's privacy, harming or harassing another person, obtaining others’ identity information, creating providing or disseminating computer viruses, or circumventing copy-protect devices;
Is destructive to the site, such as content that:
- contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
- engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes;
- uses scripts, bots or other automated technology to access the site or service;
- is in any way used for or in connection with spamming, spimming, phishing, trolling or similar activities;
- uses robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents;
- removes any copyright, trademark or other proprietary rights notices contained in the Service;
- interferes with or disrupts the Services or the site or the servers or networks connected to the Services or the site;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- forges headers or otherwise manipulates identifiers in order to disguise the origin of any information transmitted through the Service;
- "frame" or "mirror" any part of the Service or the Website, without CEF's prior written authorization. You also shall not use meta tags or code or other devices containing any reference to CEF or the Service or the site in order to direct any person to any other web site for any purpose;
- and you will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or the Website or any software used on or for the Service or cause others to do so.
- Proprietary Rights.
- Ownership of Proprietary Information. Creating Extended Families, LLC owns and retains all proprietary rights in the Website and the Service, including, but not limited to, Confidential Information. The Website contains (or CEF is in the process of obtaining) the copyrighted material, trademarks, patents and other proprietary information of Creating Extended Families, LLC and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
- No use of Confidential Information. You will not post, modify, transmit, disclose, show in public, create any derivative works from, distribute, make commercial use of, or reproduce in any way any (i) Confidential Information or (ii) other copyrighted material, trademarks, or other proprietary information accessible via the Website and/or Services, without first obtaining the prior written consent of the owner of such proprietary rights.
- Other Users’ Information. Other Registered Users may post copyrighted information, which has copyright protection whether or not it is identified as copyrighted. You agree that you will not copy, modify, publish, transmit, distribute, display, commercially use, or sell any proprietary information of CEF or of a third party, which is available via the Services or the Site.
- License to Posted Content. By posting information or Content to CEF in any profile page or public area of the Service, including but not limited to reporting success stories with or without accompanying photos and/or submitting suggestions and advice to CEF, you automatically grant, and you represent and warrant that you have the right to grant, to CEF and its users, affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, reproduce, copy, perform, publically perform, publically display, adapt, modify and distribute such information and content, and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. You further represent and warrant that public posting and use of your content by CEF will not infringe or violate the rights of any third party.
From time to time, we may create, test or implement new features or programs on the site in which you may voluntarily choose to participate, in accordance with the additional terms and conditions of such features or programs. By your voluntary participation in such features or programs, you grant us the rights stated in this subsection in connection with the additional terms and conditions (if any) of such features or programs.
- Liability and RELEASE OF LIABILITY.
- RELEASE OF LIABILITY. READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS. YOU HEREBY RELEASE, DISCHARGE AND COVENANT TO HOLD HARMLESS CEF, ITS OWNER, OWNERS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, OTHER PARTNERS, SUBSIDIARIES, HEIRS, SUCCESSORS AND ASSIGNS FROM ANY AND ALL CLAIMS, DEMANDS, INJURIES, COSTS, EXPENSES, LOSS OF SERVICES, ACTIONS, CAUSES OF ACTIONS, AND DAMAGES OF EVERY KIND OR NATURE ARISING OUT OF OR RELATED TO USE OF THIS WEBSITE AND/OR SERVICE, INCLUDING, BUT NOT LIMITED TO: DISPUTES, INJURIES, OR DAMAGES ARISING OUT OF YOUR INTERACTIONS WITH OTHER USERS OF THIS WEBSITE AND/OR SERVICE; AND DISPUTES, INJURIES OR DAMAGES ARISING OUT OF ANY ACT, OCCURRENCE OR OMISSION OF CEF. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY EXPRESSLY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR". IF YOU ARE NOT A CALIFORNIA RESIDENT, YOU EXPRESSLY WAIVE ANY APPLICABLE STATE, FEDERAL, NATIONAL OR INTERNATIONAL STATUTE(S), COMMON LAW(S), OR ANY OTHER LAW(S) OF SIMILAR EFFECT. PURSUANT TO CALIFORNIA LAW, ANY PERSON WHO KNOWINGLY PRESENTS A FALSE OR FRAUDULENT CLAIM FOR THE PAYMENT OF A LOSS IS GUILTY OF A CRIME AND MAY BE SUBJECT TO FINES AND CONFINEMENT IN STATE PRISON.
- Limitation of Liability for Lack of Service. In no event will CEF be liable to you or any third person for any indirect, consequential, exemplary, incidental, special, punitive, or any other kind of damages, including also loss of profits, arising from your use or inability to use the Website or the Service, including without limitation damages for loss or corruption of data or programs, service interruptions, and procurement of substitute services, even if CEF knows or has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, under no circumstances will CEF’s aggregate liability, in any form or action whatsoever in connection with this agreement or the use of the services or the site, exceed the price paid by you, if any, for your account.
- No Liability for non-CEF Actions. In no event will CEF, its owners, representatives or agents, be liable for any losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the services, including but not limited to death, bodily injury, emotional distress, financial losses, property damage and/or any other damages arising out of or resulting from anyone’s use of the website or service, any content posted on the service or transmitted to users, or any interactions, communications or meetings with other users of the service, whether online or offline. This includes, but is not limited to, any claims, losses or damages arising from the conduct of users who have registered under false pretenses or who attempt to defraud or harm you.
- No liability for Links. The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because CEF has no control over such sites and resources, you acknowledge and agree that CEF is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that CEF shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such Content, goods or services available on or through any such site or resource.
- Indemnity by You. You agree to indemnify and hold CEF, its owner, owners, officers, directors, employees, agents, affiliates, other partners, subsidiaries, heirs, successors, assigns and third parties harmless from any loss, liability, claim, costs, demands, and/or expenses, including reasonable attorney's fees, made by any third party relating to or arising out of: (a) your use or inability to use the site or service; (b) any user postings made by you; (c) your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth herein; (d) your violation of any rights of a third party; or (d) your violation of any applicable laws, rules, or regulations. CEF reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with CEF in asserting any available defenses.
- Disclaimer of Warranties.
No Warranties. THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW. THE WEBSITE AND THE SERVICE ARE PROVIDED ON AN "AS-IS" AND “AS AVAILABLE” BASIS, AND CEF GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SERVICES OR THE SITE, (INCLUDING ALL INFORMATION CONTAINED THEREIN), INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
CEF DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE, WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. CEF DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE, WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICES.
CEF assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications.
CEF is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service.
- No guarantee of results. CreatingExtendedFamilies.com cannot guarantee and does not promise any specific results from use of the Website and/or the Service.
- Content. Any advice that may be posted on the Website is for informational and entertainment purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. CEF makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Website. If you have specific concerns or a situation arises in which you require professional advice, you should consult with an appropriately trained and qualified specialist. CEF is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Service, whether caused by CEF, users, or by any of the equipment or programming associated with or utilized in the Service.
- Third Party Content and Conduct. Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by CEF, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. CEF DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION ON THE SERVICE, OR (ii) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY THAT APPEARS ON THE WEBSITE. UNDER NO CIRCUMSTANCES WILL CEF, ITS OWNERS, OR AFFILIATES BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE WEBSITE OR TRANSMITTED TO OR BY ANY MEMBERS/USERS OF THE SERVICE.
CEF does not verify the accuracy of any information provided by other users. CEF does not warrant and has no liability to you arising from any incorrect information from other users.
CEF is not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service.
- Beta Features. From time to time, CEF may offer new “beta” or test features or tools with which its users may experiment on the Services. Such features or tools are offered solely for experimental purposes and without any warranty of any kind, and may be modified or discontinued at CEF’s sole discretion. The provisions of this Agreement, including this disclaimer, apply with full force to such features or tools.
- User Information.
- Communication and Privacy. We may use your email address to contact you regarding the services, to send you messages notifying you of important changes to the Services, or regarding special offers. Further, we may contact you by telephone, if you provide us with your telephone number, in order to communicate with you regarding the Services.
- No Contact Information. You agree that you will not post any personally identifying information in your Member profile, such as any telephone numbers, street addresses, last names, web addresses, URLs, email addresses, profile pages you may have on a third party website, or other contact information in your profile. You may, at your discretion, exchange such information after you begin emailing with your matches. CEF reserves the right, but has no obligation, to delete personally identifying information in user profiles, without notice or liability.
- Disclosure by law. You acknowledge and agree that CEF may disclose information you provide if required to do so by law, at the request of a third party, or if we, in our sole discretion, believe that disclosure is reasonable to (1) comply with the law, requests or orders from law enforcement, or any legal process (whether or not such disclosure is require by applicable law); (2) protect or defend CEF’s, or a third party’s rights or property; or (3) protect someone’s health or safety, such as when harm or violence against another person is threatened.
- Use of anonymous Information for Research. By using the Services, you agree to allow CEF to anonymously use the information from you and your experiences through the Services to continue CEF’s research into successful relationships and to improve the Services.
- Blocking of IP Addresses. In order to protect the integrity of the Service, CEF reserves the right at any time in its sole discretion to block users from certain IP addresses (or via other personal or hardware identifying information) from accessing the Website. CEF reserves the right to disclose such information to third parties for the purpose of their assisting in the protection of the integrity of the service.
- Membership/Subscription, Term, Cancellation and Billing.
- Subscription plans and/or policies that are disclosed to you in subscribing to the service are deemed part of this Agreement. For purposes of this Agreement, the term "Member" includes subscribers, unless where its usage indicates otherwise. From time to time, CEF may remove the profiles of non-subscribers or those whose subscriptions have expired (without notice, without saving a copy or the content, and without liability).
- Term & Cancellation. This Agreement will become effective upon your acceptance of the Agreement by your use of the Site or the Services and will remain in effect in perpetuity unless terminated hereunder. Either you or CEF may terminate your account at any time, for any reason or no reason, without explanation. Even after your membership or subscription is terminated, this Agreement will remain in effect. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination. Following any termination of any Registered User’s use of the service, CEF reserves the right to send a notice thereof to other Registered Users with whom you have corresponded.
- Cancellation At Any Time With No Refund. You may terminate your membership and/or subscription online by following the instructions on this site or by sending CEF written notice of termination to Creating Extended Families, LLC, Attn: Cancellations, PO Box 470215, San Francisco, California 94147. If you terminate your subscription, you will not be entitled to a refund, but your subscription will remain active until the end of your then-current subscription period (that is, the subscription period through which you had paid prior to your termination).
- 3-Day Cancellation. Regarding the Service, you, the buyer, may cancel the Agreement, without any penalty or obligation, at any time prior to midnight of the third business day following the date of this Agreement, excluding Sundays and holidays. To cancel this Agreement, mail or deliver a signed and dated notice, or send a telegram which states that you, the buyer, are canceling this Agreement, or words of similar effect. This notice under this Section shall be sent to Creating Extended Families, LLC, Attn: Cancellations, P.O. Box 470215, San Francisco, California, 94147. In addition, you may e-mail us through this site. Please make sure that the subject line of the email clearly states: "Cancellation: Requesting cancellation within 3 days of subscription." The day that you submit a completed subscription form will be the date of this Agreement. Within 10 days after CEF’s actual receipt of your cancellation notice under this 3-day cancellation policy, CEF will request your refund from its Payment Service Vendor. CEF is not responsible for any third party vendor’s delay in issuing a refund, but CEF will make best efforts and work with you and its vendor to ensure a refund as timely as possible.
- Cancellation As a Result of Death or Disability. If by reason of death or disability you are unable to receive all Services for which you contracted, you or your estate may elect to be relieved of the obligation to make payments for services other than those received before death or the onset of disability, except as provided in subsection (c) as follows: (a) If you have prepaid any amount for the Service, so much of the amount prepaid that is allocable to services that you have not received will be promptly refunded to you or your representative; (b) “Disability” means a condition which precludes you from physically using the Service during the term of disability and the condition is verified in writing by a physician designated and remunerated by you. Written verification from the physician must be presented to CEF; (c) If the physician determines that the duration of the disability will be less than six (6) months, CEF may extend the term of the Services contract for a period of six (6) months at no additional charge to you in lieu of cancellation.
- Cancellation by CEF. CEF may terminate your membership and/or subscription by sending notice to you at the email address you provide in your application for membership, or such other email address as you may later provide to CEF. If CEF terminates your membership in the Service, because you have breached this Agreement, you will not be entitled to any refund of unused subscription fees, and all outstanding or pending payments will immediately be due. All decisions regarding the termination of accounts shall be made in the sole discretion of CEF. CEF is not required to provide you notice prior to terminating your membership and/or subscription. CEF reserves the right to immediately suspend or terminate your access to any of the Services, without notice, for any reason or no reason. We also reserve the right to remove your account information or data from our Services and any other records at any time at our sole discretion. CEF is not required, and may be prohibited, from disclosing a reason for the termination of your account.
- Billing. CEF bills you through an online account (your "Billing Account") for use of the Service. You agree to pay CEF all charges at the prices then in effect for any use of the Service by you or other persons (including your agents) using your Billing Account, and you authorize CEF to charge your chosen payment provider (your "Payment Method") for the Service. You agree to make payment using that selected Payment Method. CEF reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method (the "Payment Method Provider"). If CEF does not receive payment from your Payment Method Provider, you agree to pay all amounts due on your Billing Account upon demand.
- Recurring Billing and/or auto renewal. Some subscription plans to the Service may consist of an initial period, for which there is a one time charge, followed by recurring period charges as agreed to by you. By entering into this Agreement, you acknowledge that if your subscription has an initial and recurring payment feature, you accept responsibility for all recurring charges prior to cancellation. If you have a recurring payment plan, CEF may submit periodic charges (e.g., monthly or yearly) without further authorization from you, until you provide prior notice (confirmed in writing upon request by CEF) that you have terminated this authorization, wish to change your payment method, or have terminated your membership. Such notice will not affect charges submitted before CEF could reasonably act.
- Current information required. If you have a recurring payment plan, you must provide current, complete and accurate information for your billing account. You must promptly update all information to keep your billing account current, complete and accurate (such as a change in billing address, credit card number, or credit card expiration date), and you must promptly notify CEF if your payment method is canceled (e.g., for loss or theft) or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your user name or password. Changes to such information can be made online. If you fail to provide CEF any of the foregoing information, you agree that CEF may continue charging you and you will pay CEF for any use of the service under your billing account unless you have terminated your subscription for the service (confirmed by you in writing upon request by CEF).
- Chargebacks and Reversals. If you issue a chargeback or reversal of charges without first following the cancellation procedures, the Subscriber will be responsible for a $50.00 billing service fee.
- Change in Amount Authorized. If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and CEF shall provide, notice of the amount to be charged and the date of the charge at least 10 days before the scheduled date of the transaction. Any agreement you have with your Payment Method Provider will govern your use of your Payment Method. You agree that CEF may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
- Free Trials and Other Promotions. Any free trial or other promotion that provides subscriber-level access to the Service must be used within the specified time of the trial. If the trial includes an automatic renewal following the trial, you must cancel your subscription before the end of the trial period in order to avoid being charged a subscription fee. If you cancel prior to the end of the trial period and are inadvertently charged for a subscription, please contact Customer Care to have the charges reversed.
- Digital Millennium Copyright Act Notice. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on this Site, please notify CEF’s copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 (DMCA). For your complaint to be valid under the DMCA, you must provide the following information in writing: an electronic or physical signature of the person authorized to act on behalf of the copyright owner; identification of the copyrighted work that you claim is being infringed; identification of the material that is claimed to be infringing and where it is located on the site; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. The above information must be submitted to the following DMCA Agent at: Designated Copyright Agent, Creating Extended Families, LLC, PO Box 470215, San Francisco, California 94147.
- General & Miscellaneous Provisions.
- Controlling Law and Jurisdiction. You agree that California law, without giving effect to its conflicts of law principles, will govern this Agreement, the Site, and the Services, and that any dispute arising out of or relating to this Agreement, the Site or Services will be subject to the exclusive jurisdiction and venue of the federal and state courts in the Northern District of California. You acknowledge and agree that any violation of this Agreement may cause CEF irreparable harm, and therefore agree that CEF will be entitled to seek extraordinary relief in court, including but not limited to temporary restraining orders, preliminary injunctions and permanent injunctions without the necessary of posting a bond or other security, in addition to and without prejudice to any other rights or remedies that CEF may have for a breach of this Agreement.
- Miscellaneous. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. Unless otherwise explicitly stated, the Agreement will survive termination of your registration to the Service. The failure of CEF to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such a right or provision. The section titles in this Agreement are for convenience and have no legal or contractual effect.
- Member Disputes. You are solely responsible for your interactions with other CEF users. CEF reserves the right, but has no obligation, to monitor disputes between you and other users.
- Complaints & Law Enforcement Contact. Please email by clicking on a contact us link on the site, or by contacting at us at: PO Box 470215, San Francisco, California 94147.
- Modifications to Service. CreatingExtendedFamilies.com reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that CEF shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Revision Date: This agreement was last revised on September 1, 2009.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED HEREIN.
Creating Extended Families, LLC All Rights Reserved