Terms of Use - Use of First My Family Website

Welcome to our shopping site, www.firstmyfamily.com (the “Site”) provided by First My Family, LLC (referred to as “First My Family,” “we,” “us,” “our” or the “Company”). We provide this site to you subject to the following terms of use (“Terms”). If you access or shop at this site, you accept these Terms. YOU SHOULD READ CAREFULLY THE FOLLOWING TERMS BEFORE CLICKING THE “ I AGREE ” BUTTON IN THE REGISTRATION SECTION OF THE USER PORTAL AND BEFORE PROCEEDING TO USE THE FEATURES MADE AVAILABLE VIA THE SITE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, THEN IMMEDIATELY STOP ACCESSING THE SITE AND DO NOT PURCHASE ANY PRODUCT OFFERED THROUGH THE SITE.

The Terms and/or Privacy Policy are subject to change as necessary at the discretion of the Company without notice to you, as further described in the section entitled “Site Policies, Modification, and Severability.” The changes also will appear in this document, which you can access at any time by selecting the “Terms of Use” link on the home page. If you do not agree to be bound by the changes, you should not enter or use the Site again. Every time you use the Site, you are agreeing now to be bound by all of the changes. We encourage you to review these Terms periodically prior to your use of the Site.

As a condition of your use of this Site, you agree and represent that:

You are an individual person at least 18 years of age;
You are able to create a binding legal obligation;
You are not barred from receiving products or services under US law;
Your use of this Site will at all times comply with these Terms;

If you elect to create an account:

You may create only one account for your personal use;
You must provide a true and current email address and such other information as is prompted by the Site’s registration form;
You may only make legitimate purchases that comply with the letter and spirit of the terms of the respective offers;
You may only make purchases on the Site for your own use and enjoyment, or, when offered, as a gift for another;
You must safeguard your password and supervise the use of your account, and you understand and agree that you are responsible for your own use and the use of your account by anyone you allow to access it; and
You are responsible for updating and correcting information you have submitted to the Site.
You have the right to provide any and all information you submit to the Site, the information is only about yourself, and all such information is accurate, true, current and complete.

We reserve the right to suspend, deactivate, replace or delete user accounts, names, passwords and any User Content (as defined below) at any time for any reason.

INTELLECTUAL PROPERTY RIGHTS

This Site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Site are protected by copyright, trademark, and other intellectual property laws of the United States. First My Family owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, distribute, publish, transmit, publicly display, publicly perform, participate in the transfer or sale, create derivative works, or in any way exploit any of the content on the Site as described above, in whole or in part. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of First My Family or the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, you will make independent attribution and/or make no changes in or deletion of any author attribution, trademark legend or copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Any violation of these restrictions may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and/or criminal penalties.

You will not upload, post or otherwise make available on this Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. First My Family does not have any express burden or responsibility to provide you with indications, markings or anything else that may aid you in determining whether the material in question is copyrighted or trademarked. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission.

"First My Family ", the First My Family logos, and variations thereof found on the Site are intellectual property owned by First My Family and all use of these marks inures to the benefit of First My Family. Other marks on the site not owned by First My Family may be under license from the trademark owner thereof, in which case such license is for the exclusive benefit and use of First My Family unless otherwise stated, or may be the property of their respective owners. You may not use First My Family’s name, logos, trademarks, or brands without First My Family’s express permission.

LICENSE AND SITE ACCESS

We grant you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with our express written consent. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) without our express written consent. You may not use any meta tags or any other "hidden text" utilizing our name or trademarks without our express written consent. Any unauthorized use terminates our permission or license.

First My Family retains the right at our sole discretion to deny service, or access to the Site or an account to anyone, at any time and for any reason. You acknowledge that there may be interruptions in service or events that are beyond our control. While we use reasonable efforts to keep the Site accessible, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of our control Site access may be interrupted, suspended or terminated.

COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

Visitors may submit reviews, suggestions, ideas, comments, questions, or other information (“User Content”), so long as the User Content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead to the origin of the User Content. We reserve the right (but not the obligation) to remove or edit such User Content, or disable your right to post User Content.

If you do post User Content, and unless we indicate otherwise, you grant us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant us and our sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify us for all claims resulting from content you supply. We have the right but not the obligation to monitor and edit or remove any activity or content. We take no responsibility and assume no liability for any content posted by you or any third party. You understand and agree that all User Content are public and not private. Any and all User Content you post to the Site are not confidential. Any other person (whether or not a user of First My Family’s services) may read your User Content without your knowledge. Please do not include any personal information in your User Content that you do not wish to be publicly disclosed. First My Family is not responsible for the use or disclosure of any personal information that you voluntarily disclose in connection with the Statements

USER CONDUCT ON THE SITE

Our Site is private property. All interactions on this Site must be lawful and must comply with these Terms. To the extent your conduct (as judged by us in our sole discretion), restricts or inhibits any other user from using or enjoying any part of this Site, we may limit your privileges on the Site and seek other remedies. PLEASE DO NOT ENGAGE IN ANY OF THE FOLLOWING ACTIVITIES, they are prohibited on the Site and constitute express violations of these Terms:

Submitting any purposely inaccurate information, committing fraud or falsifying information in connection with your First My Family account or in order to create multiple First My Family accounts;
Attempting to access, or actually accessing, data not intended for you, such as logging into a server or an account which you are not authorized to access;
Attempting to scan, or test the security or configuration of the Site or to breach security or authentication measures;
Tampering or interfering with the proper functioning of any part, page or area of the Site or any functions or services provided by First My Family;
Attempting to interfere with service to any user in any manner, including, without limitation, by means of submitting a virus to our Site, or attempts at overloading, “flooding”, “spamming”, “mail bombing” or “crashing” the Site;
Using frames, framing techniques or framing technology to enclose any content included on the Site without our express written permission;
Using any Site content in any meta tags or any other “hidden text” techniques or technologies without our express written permission;
Using the Site or any of its contents to advertise or solicit, for any other commercial, political or religious purpose, or to compete, directly or indirectly with First My Family;
Reselling or repurposing your access to the Site or any purchases made through the Site;
Using the Site or any of its resources to solicit users of the Site, or business partners of First My Family to become users or partners of other online or offline services directly or indirectly competitive or potentially competitive with First My Family, including without limitation, aggregating current or previously offered deals;
Collecting content from the Site, including but not limited to current or previously offered deals, and featuring such content to consumers in any manner that diverts traffic from the Site without our express written permission;
Collecting the personal information, User Content, data or content of any users of the Site or business partners of First My Family;
Using any end user or merchant information from the Site for any commercial purpose, including, but not limited to, marketing;
Exceeding or attempting to exceed quantity limits when purchasing vouchers or products, or otherwise using any First My Family account to purchase vouchers or products for resale, or for speculative, false, fraudulent or any other purpose not expressly permitted by this Agreement and the terms of a specific offer on the Site;
Accessing, monitoring or copying any content or information from this Site using any “robot,” “spider,” “scraper” or other automated means or any manual process for any purpose without our express written permission;
Violating the restrictions in any robot exclusion headers on this Site or bypassing or circumventing other measures employed to prevent or limit access to this Site;
Taking any action that places excessive demand on our services, or imposes, or may impose an unreasonable or disproportionately large load on our servers or other portion of our infrastructure (as determined in our sole discretion);
Aggregating any live or post-feature content or other information from the Site (whether using links or other technical means or physical records associated with purchases made through this Site) with material from other sites or on a secondary site without our express written permission;
Deep-linking to any portion of this Site (including, without limitation, the purchase path for any voucher) without our express written permission;
Acting illegally or maliciously against the business interests or reputation of First My Family or our partners; or
Hyperlinking to the Site from any other website without our initial and ongoing consent.

PRODUCT DESCRIPTIONS

We attempt to be as accurate as possible in describing the products available on the Site. We have taken reasonable steps to display as accurately as possible the colors and other details of products we sell. However, the colors and details you see on the Site will depend on the equipment you use to view the Site. We cannot guarantee that the display of any color or other details on your television, mobile device, computer or other device will exactly reflect the color or details of the actual items. All information is provided for informational purposes only and we encourage you to read all information presented on labels, warnings and directions which accompany the products before use.

We do not warrant that product descriptions or other content of this site are accurate, complete, reliable, current, or error-free. If a product is not as described, your sole remedy is to return it in unused condition.

First My Family is not responsible for any performance or quality claims associated with product or descriptions. The original manufacturer of the products that you find on this site is responsible for all products made available to you and for any and all injuries, illnesses, damages, claims, liabilities and costs (“Liabilities”) such products may cause you to suffer, directly or indirectly, in full or in part. You waive and release First My Family, LLC and its subsidiaries, affiliates, partners, officers, directors, employees and agents from any Liabilities arising from or related to any act or omission of a manufacturer in connection with your purchase of products from this Site.

SHIPPING AND DELIVERY

Shipment and tracking options and applicable charges will be stated in the fine print included in a product description and will vary by offer. Shipment may be limited to specific geographic locations.

Shipping and delivery estimates are only estimates; they are not guaranteed delivery times and should not be relied upon as such.

We may have to cancel an order before your products are delivered; if this happens, we will promptly contact you at the email address that is registered with your account.

When products are delivered to the delivery address provided at checkout, legal title to those products will transfer to the recipient (i.e. the products will become the recipient's personal property).

RETURNS

Most items sold by First My Family may be returned to us, subject to the First My Family Return Policy, but certain items are final sale and may not be returned unless defective, as set forth in the First My Family Return Policy and the offer’s fine print.

First My Family takes legal title to returned items only after the items arrive at the designated returns destination.

For purchases that qualify for a refund, First My Family will issue a refund within 30 days after processing of a properly returned shipment. Applicable shipping charges and restocking fees may be deducted from your refund.

We reserve the right to refuse to issue a refund and to recover the cost of the return delivery from you in the event that any items you return: (i) are not eligible for return, in accordance with the First My Family Return Policy or the product’s fine print, or (ii) are found to have suffered damage after delivery to you or have been misused or used other than in accordance with the product directions or instructions.

PRICING

Items sold by First My Family and shipped within the U.S. are subject to applicable sales taxes, which will be added at checkout.

Advertised prices may include shipping and delivery charges. If delivery charges are not included in the advertised price, such costs will be disclosed in the fine print and added at checkout.

Occasionally there may be an error or omission related to the pricing or description of advertised products. We will use reasonable efforts to correct any errors or omissions as soon as practicable after learning of them. We reserve the right to change, modify, substitute, suspend or remove without notice any information related to items for sale. If we made an error or omission and you have already purchased a product: (i) if the actual price of the product is less than the stated price at the time of purchase, we will charge you the lower price; or (ii) if the actual price of the product is higher than the stated price, we will contact you and allow you the option to pay the correct (higher) price or cancel your order and receive a refund.

THIRD-PARTY LINKS

From time to time, the Site may contain links or other references to third-party materials (including without limitation other websites) not controlled by the Company or its licensors. The Company provides such information and links as a convenience to you and should not be considered endorsements of such sites or any content, products or information offered on such sites. You acknowledge and agree that the Company is not responsible for any aspect of the information or content contained in any third party materials or on any third-party sites accessible or linked to the Site. OUR CORRESPONDENCE AND BUSINESS DEALINGS WITH OTHERS FOUND ON OR THROUGH THE SITES AND/OR SERVICES, INCLUDING, WITHOUT LIMITATION, THE PAYMENT AND DELIVERY OF PRODUCTS AND SERVICES, AND ANY TERMS, CONDITIONS, WARRANTIES AND REPRESENTATIONS ASSOCIATED WITH ANY SUCH DEALINGS, ARE SOLELY BETWEEN YOU AND THE THIRD-PARTY. FIRST MY FAMILY ENCOURAGES YOU TO REVIEW ALL POLICIES, RULES, TERMS AND REGULATIONS, INCLUDING THE PRIVACY POLICIES AND TERMS OF USE OF EACH AND ANY THIRD-PARTY SITE THAT YOU VISIT

USE OF INTERNET

Internet software or electronic transmissions may produce inaccurate or incomplete copies of the Site's content when downloaded and displayed on any computer or mobile device. We do not assume any liability or responsibility whatsoever for such matters or the inaccurate or incomplete information or data arising from software problems, transmissions errors, the display of content in browser frames displaying information from other Web sites, or any misinterpretation of the content for such reasons.

Because we do not control the security of the Internet or other networks you use to access the Site or communicate with us, we can’t be, and are not responsible for, the security of information that you choose to communicate with First My Family and the Site while it is being transmitted. In addition, we are not responsible for any data lost during transmission.

We are not responsible for computer viruses or other destructive programs which are introduced by visitors or other providers or software or content. You are advised to employ security and virus protection software on all computer systems used to access the Internet or to share files with other computer systems. Any unprotected e-mail communication over the Internet is, as with communication via any other medium, subject to possible interception or loss.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

IN NO EVENT SHALL FIRST MY FAMILY, ITS SUBSIDIARIES, AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, PARTNERS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE, THE CONTENT, STATEMENTS AND OTHER INFORMATION CONTAINED THEREIN, OR THE PRODUCTS ACCESSIBLE OR AVAILABLE THROUGH THE SITE OR THESE TERMS OF USE. IN NO EVENT WILL FIRST MY FAMILY’S LIABILITY IN CONNECTION WITH A PRODUCT EXCEED THE AMOUNTS PAID FOR SUCH PRODUCT. TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS PAID BY YOU DURING THE SIX MONTHS PRECEDING THE BRINGING OF ANY CLAIM, OR FIVE HUNDRED DOLLARS, WHICHEVER IS LESS.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

We are not the manufacturer of the products sold on the Site. To inquire about a manufacturer's warranty, please contact the manufacturer directly.

INDEMNIFICATION / RELEASE

You agree to defend, indemnify and hold harmless First My Family, its subsidiaries, affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of or related to any products purchased by you, or any User Content submitted or posted by you, in connection with the Site or any use of the Site in violation of these Terms.

To the extent permitted under applicable laws, you hereby release First My Family from any and all claims or liability related to any product you purchase, any action or inaction by the manufacturer of any product, including such manufacturer’s failure to comply with applicable law and/or failure to abide by the terms of First My Family, and any conduct, speech, or User Content, whether online or offline, of any other user.

You agree that all rights under section 1542 of the Civil Code of the State of California are hereby waived. Section 1542 provides as follows: “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.”

INTERNATIONAL USE

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct, personal information and the content made available via the Site. You agree to comply with all applicable laws regarding the transmission of data exported from the United States or the country in which you reside. You consent to having your personal data transferred to and processed in the United States.

APPLICABLE LAW

By visiting our site, you agree that the laws of the state of California, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between us.

PROCEDURE FOR MAKING COPYRIGHT INFRINGEMENT CLAIMS

Company and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us the written information specified below. Please note that this procedure is exclusively for notifying us and our affiliates that your copyrighted material has been infringed. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Site, you may notify our copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 (DMCA).

For your complaint to be valid under the DCMA, you must provide the following information when providing notice of the claimed copyright infringement:

A physical or electronic signature of a person authorized to act on behalf of the copyright owner;
identification of the copyrighted work or other intellectual property that you claim to have been infringed and the location on the Site of the allegedly infringing work;
written statement that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law;
your name and contact information, including address, telephone number, and e-mail address;
a statement by you that you as the complaining party have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
a statement, made under penalty of perjury, that the information in the notification is accurate, and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. The foregoing information must be submitted as a written notification to the following Designated Agent:

First My Family, LLC
Attention: Copyright Agent
corp@firstmyfamily.com
4848 San Felipe Road, STE 150-522
San Jose, CA 95135

WE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.

This information should not be construed as legal advice. For further details on the information required for valid DMCA notifications, see 17 U.S.C.A. 512(c)(3).

NOTE: This information is provided exclusively for notifying the service providers referenced above that your copyrighted material(s) might have been infringed. All other inquiries, including technical requests, reports of e-mail abuse, and third party reports of piracy, will not receive a response through this process.

DISPUTES

These Terms will be governed by the laws of the State of California, United States of America. All disputed arising under, out of or in any way connection to the Terms shall be litigated exclusively in the state or federal courts in San Francisco, California. In such an action, you agree to submit to the subject matter jurisdiction of such courts and waive any objections to venue for such courts.

YOU AND FIRST MY FAMILY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO FIRST MY FAMILY MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies, such as our privacy policy, posted on this site. These policies also govern your visit to our site. We reserve the right to make changes to our site, policies, and these Terms at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. We may assign this Agreement at any time without notice to you. You may not assign this Agreement or your rights and obligations hereunder, in whole or in part, to any third-party without our prior written consent, and any attempt by you to do so will be invalid.