Last Revised: July 15, 2008
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE, PLEASE EXIT AND DISREGARD THE INFORMATION CONTAINED HEREIN.
This Web site is owned and operated by Foster and Adoptive Family Services ("FAFS").
These terms and conditions (the "Site Terms") apply exclusively to your access to, and use of, the Web sites of FAFS including FAFSTrainOnline.learn.com (collectively, the "Sites") and do not alter in any way the terms or conditions of any other agreement you may have with FAFS or its affiliate programs for products, services or otherwise. Please note: In the event that FAFSTrainOnline.learn.com or the site that hosts FAFSTrainOnline.learn.com contains terms and conditions that are inconsistent with the Site Terms (the "Alternative Terms"), the Alternative Terms shall apply to use of FAFSTrainOnline.learn.com.
If you have any questions regarding the use of this Site, please direct such questions to the email address email@example.com or call us at 1.800.222.0047.
- Limited License
FAFS grants you a limited license to make personal use only of the Sites. Such license is subject to these Site Terms and does not include: (a) any resale or commercial use of the Sites or content therein; (b) the collection and use of any product listings, pictures or descriptions; (c) making derivative uses of the Sites and Site contents; (d) use of any data mining, robots or similar data gathering or extraction methods; (e) downloading (other than the page caching) of any portion of the Sites or any information contained on the Sites, except as expressly permitted on the Sites; or (f) any use of the Sites other than for their intended purpose. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in under any patent, trademark, or proprietary right of FAFS or any third party.
- Terms and Conditions of Sale
If you purchase any products from the Sites, then any terms, conditions and policies applicable to your purchase shall apply. By ordering products through this Site, you agree to be bound by and accept such terms and conditions.
Unless otherwise indicated, all Site materials and content, including, without limitation, the FAFS logo, and all designs, text, graphics, other files, and the selection and arrangement thereof are the proprietary and copyrighted property of FAFS or its licensors. You may electronically copy and print to hard copy portions of the Sites for the sole purpose of using materials they contain for informational, non-commercial, personal use only. Any other use of the materials on the Sites—including any commercial use, reproduction for purposes other than described above, modification, distribution, republication, display, or performance—without the prior written permission of FAFS is strictly prohibited.
- Repeat Infringer Policy
FAFS respects the intellectual property of others, and we ask our users to do the same. FAFS may, in appropriate circumstances and at its own discretion, limit access to the Sites and/or terminate the accounts of any users who infringe the intellectual property rights of others.
- Copyright Complaints
If you believe that any material on the Sites infringes upon any copyright which you own or control, or that any link on the Sites directs users to another Web site that contains material that infringes upon any copyright, which you own, or control, please promptly call FAFS at 1.800.222.0047.
Any service or product name or slogan contained in the Sites are trademarks of FAFS and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of FAFS or the applicable trademark holder. In addition, the look and feel of the Sites, including all page headers, custom graphics, button icons, and scripts, is the service mark, trademark, and/or trade dress of FAFS, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of FAFS. All other trademarks, registered trademarks, product names and company names or logos mentioned herein are the property of their respective owners.
You are granted a limited, non-exclusive right to create a hyperlink to any of the Sites for noncommercial purposes provided such link does not portray FAFS or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use, frame or utilize framing techniques to enclose any FAFS trademark, logo or other proprietary information, including the images found at the Sites, the content of any text or the layout/design of any page or form contained on a page without FAFS' express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of FAFS or any third party.
FAFS makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party Web sites accessible by hyperlink from this any of the Sites, or Web sites linking to any of the Sites. The linked sites are not under the control of FAFS and FAFS is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. FAFS is providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by FAFS of the site or any information contained therein.
- Third Party Content and Services
FAFS may provide links to Web pages and content of third parties ("Third Party Content") as a service to those interested in this information. FAFS does not monitor nor have any control over any Third Party Content or third party Web sites. FAFS does not endorse or adopt any Third Party Content and can make no guarantee as to its accuracy or completeness. FAFS does not represent or warrant the accuracy of any information contained therein, and undertakes no responsibility to update or review any Third Party Content. Users use these links and Third Party Content contained therein at their own risk.
You acknowledge and agree that any materials (excluding, however, any credit card information that you provide in making a donation or otherwise purchasing from FAFS), including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of e-mail or other submissions to FAFS, or postings on the Sites, are non-confidential and shall become the sole property of FAFS without compensation. FAFS shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You acknowledge that you are responsible for whatever material you submit, and you, not FAFS, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright. By submitting material to any public area of this Website, you automatically grant or warrant that the owner of such material has expressly granted FAFS the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other user to access, view, store or reproduce the material for that other user's use.
- Forums and Interactive Areas
The Sites may include discussion forums or other interactive areas, including chat rooms or bulletin boards ("Interactive Areas"). You are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any forum or interactive areas, you agree not to post, upload to, transmit, distribute or otherwise publish through this Site any of the following:
a. Any message, data, information, text, graphics or other material ("Content") that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
b. Content that would constitue, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local,state, national, or international law;
c. Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any Content, you represent and warrant that you have the lawful right to distribute and reproduce such Content;
d. Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
e. Unsolicited promotions, advertising or solicitations;
f. Private information of any third party, including without limitation addresses, phone numbers, e-mail addresses, Social Security numbers and credit card numbers;
g. Viruses, corrupted data or other harmful, disruptive or destructive files; and
h. Content that, in the sole judgment of FAFS, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Web sites, or which may expose FAFS or its users to any harm or liability of any type.
FAFS takes no responsibility and assumes no liability for any Content posted or uploaded by you or any third-party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of the Interactive areas is at your own risk. As a provider of interactive services, FAFS is not liable for any statements, representations, or Content provided by its users in any public forum, personal home page or other Interactive Area. Although FAFS has no obligation to screen, edit or monitor any of the Content posted in any Interactive Area, FAFS reserves the right and has absolute discretion, to remove, screen or edit any Content that violates these provisions or is otherwise objectionable. Any use of the Interactive Areas or the Sites in violation of the foregoing is in violation of these terms and may result in, among other things, the termination or suspension of your rights to use the Interactive Areas and/or the web site.
- Disclaimer of Warranties
FAFS has taken reasonable measures to ensure that the information contained within the Sites is reliable, however, by using the Sites, you accept the information, products and services provided herein "AS IS." FAFS makes no express or implied warranty regarding the accuracy, content, completeness, reliability, operability, or legality of information contained within the Sites, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights.
- Representation and Consequences
As a user of the Sites, you are responsible and liable for the accuracy of the information that you provide to FAFS. FAFS reserves the right to suspend or terminate your access to any of the Sites if you violate these Site Terms. If your violation causes harm to others, you agree to indemnify and hold FAFS harmless from and against any and all loss, damage, or expense. If any dispute arises between us regarding these Site Terms or your use of any of the Sites, it shall be resolved through good faith negotiations between the parties. If such efforts prove unsuccessful, all such controversies, claims, or disputes shall be submitted to binding arbitration pursuant to the Federal Arbitration Act, 9 U.S.C., §1 et seq. Arbitration shall be conducted in accordance with the rules of the American Arbitration Association. The arbitration award shall be final and binding, and it may be confirmed and enforced in any court of competent jurisdiction. Each party shall pay for all attorney fees it incurred in connection with the arbitration and shall share equally in the costs of the arbitration. The venue for any arbitration shall be New Jersey.
THE SITES AND THE MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. FAFS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. FAFS DOES NOT REPRESENT OR WARRANT THAT MATERIALS ON THE SITES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. FAFS DOES NOT REPRESENT OR WARRANT THAT THE SITES OR THEIR SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FAFS reserves the right to change any and all content contained on the Sites at any time without notice. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by FAFS. Points of view or opinions in the Sites are those of the author and do not necessarily represent the official position or policies of FAFS.
- Limitation of Liability
IN NO EVENT SHALL FAFS, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITES OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, ANY OF THE SITES, INCLUDING WITHOUT LIMITATION ANY DAMAGES CASED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM FAFS, OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERROR, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO FAFS RECORDS, PROGRAMS, OR SERVICES.
- Applicable Law
These Site Terms and your use of the Sites shall be governed by and construed in accordance with the laws of the State of New Jersey, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Site Terms that is not arbitrated as set forth under Paragraph 13 above shall be filed only in the state and federal courts located in Middlesex County, New Jersey and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Site Terms.
Notwithstanding any of these Site Terms, FAFS reserves the right, without notice and in its sole discretion, to terminate your license to use any of the Sites, and to block or prevent future access to and use of the Sites.
If any provision of these Site Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Site Terms and shall not affect the validity and enforceability of any remaining provisions. The section headings used herein are for convenience only and shall not be given any legal import.
- Questions & Contact Information
Questions or comments about any of the Sites may be directed to FAFS at the email address firstname.lastname@example.org or call us at 1.800.222.0047.
Copyright © 2008 Foster and Adoptive Family Services
Monmouth Junction, NJ, USA
All rights reserved.
Effective July 15, 2008