Terms of Service 
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Welcome to www.FamilyMattersUniversity.com! The following agreement (this "Agreement" or the "Terms of Service") describes the terms on which www.FamilyMattersUniversity.com (and it's parent company Webgraham Marketing LLC) offers you access to its services. This offer is conditioned on your agreement to all of the terms and conditions contained in the Terms of Service, including your compliance with the policies and terms linked to (by way of the provided URLs) from this Agreement. By using FamilyMattersUniversity.com, you agree to these Terms of Service. If you do not so agree, you should decline this agreement, in which case you are prohibited from accessing or using FamilyMattersUniversity.com. FamilyMattersUniversity.com may amend this Agreement at any time in its sole discretion. Whenever FamilyMattersUniversity.com is mentioned in the Terms of Service, it directly refers to the parent company Webgraham Marketing LLC and all terms directly apply to Webgraham Marketing LLC as well. Services Offered A free membership is required for access the online community, articles and other benifitial aspects of the website. If you are like most people who registered, you opted for the $1 Gold Membership trial which includes an audio CD of the month and monthly print newsletter. After the initial trial period is over, dues are only $19.77 monthly ($24.77 for international customers due to increased postage and handling) charged automatically to your credit card. You may cancel at anytime with no obligation whatsoever and keep the Family Matters University's CDs and newsletters that you've already received. THE SERVICES AND CONTENT OF FAMILYMATTERSUNIVERSITY.COM 1.1 Basic description of the service: FamilyMattersUniversity.com, a multi-user environment, including forums and informational articles. "FamilyMattersUniversity.com" is the multi-user online service offered by Webgraham Marketing, including the online environments that support the service, including without limitation: the server computation, messaging and protocols that simulate the FamilyMattersUniversity.com environment. (the "Servers"), the software that is provided by FamilyMattersUniversity.com and installed on the local computer or other device you use to access the Servers and thereby view or otherwise access the FamilyMattersUniversity.com environment (the "Viewer"), application program interfaces provided by FamilyMattersUniversity.com to you for use with Second Life (the "APIs"), and access to the websites and services available from the domain and subdomains of http://FamilyMattersUniversity.com (the "Websites"). The Servers, Viewer, APIs, Websites and any other Linden Software collectively constitute the "Service" as used in this Agreement. 1.2 FamilyMattersUniversity.com is a service provider, which means, among other things, that FamilyMattersUniversity.com does not control various aspects of the Service. You acknowledge that FamilyMattersUniversity.com is a service provider that may allow people to interact online regarding topics and content chosen by users of the service, and that users can alter the service environment on a real-time basis. FamilyMattersUniversity.com generally does not regulate the content of communications between users or users' interactions with the Service. As a result, FamilyMattersUniversity.com has very limited control, if any, over the quality, safety, morality, legality, truthfulness or accuracy of various aspects of the Service. 1.3 FamilyMattersUniversity is subject to scheduled and unscheduled service interruptions. All aspects of the Service are subject to change or elimination at FamilyMattersUniversity.com's sole discretion. FamilyMattersUniversity.com reserves the right to interrupt the Service with or without prior notice for any reason or no reason. You agree that FamilyMattersUniversity.com will not be liable for any interruption of the Service, delay or failure to perform and you understand that you shall not be entitled to any refunds of fees for interruption of service or failure to perform. FamilyMattersUniversity.com has the right at any time for any reason or no reason to change and/or eliminate any aspect(s) of the Service as it sees fit in its sole discretion. 1.4 In the event you choose to use paid aspects of the Service, you agree to the posted pricing and billing policies on the Websites. Certain aspects of the Service are provided for a fee or other charge. These fees and charges are described on the Websites, and in the event you elect to use paid aspects of the Service, you agree to the pricing, payment and billing policies applicable to such fees and charges posted. FamilyMattersUniversity.com may add new services for additional fees and charges, or proactively amend fees and charges for existing services, at any time in its sole discretion. You will be notified before such changes are put into effect and given the option to continue recieving the services or not. ACCOUNT REGISTRATION AND REQUIREMENTS 2.1 You must establish an account to use FamilyMattersUniversity.com, using true and accurate registration information. You must establish an account with FamilyMattersUniversity.com (your "Account") to use the Service, except for those portions of the Websites to which FamilyMattersUniversity.com allows access without registration. You agree to provide true, accurate, current and complete information about yourself as prompted by the registration form ("Registration Data") and maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You may establish an Account with Registration Data provided to FamilyMattersUniversity.com by a third party through the use of an API, in which case you may have a separate, additional account relationship with such third party. You authorize FamilyMattersUniversity.com, directly or through third parties, to make any inquiries we consider necessary to validate your Registration Data. FamilyMattersUniversity.com reserves all rights to vigorously pursue legal action against all persons who misrepresent personal information or are otherwise untruthful about their identity, and to suspend or cancel Accounts registered with inaccurate or incomplete information. Notwithstanding the foregoing, you acknowledge that FamilyMattersUniversity.com cannot guarantee the accuracy of any information submitted by any user of the Service, nor any identity information about any user. 2.2 You must be 18 years of age or older to access FamilyMattersUniversity.com. FamilyMattersUniversity.com cannot absolutely control whether minors or adults gain unauthorized access to the Service. You must be at least 18 years of age to participate in the Service. Users under the age of 18 are prohibited from accessing the Service. If you reside in a jurisdiction where the age of majority is greater than 18 years old, you are prohibited from accessing the Service until you have reached such age of majority. By accepting this agreement in connection with an Account, you represent that you are an adult 18 years of age or older. By accepting this agreement in connection with an Account, you represent that (i) you are at least 18 years of age; (ii) you have read and accept this Agreement. 2.3 You need to use an account name in FamilyMattersUniversity.com which is not misleading, offensive or infringing. You must select and keep secure your account password. You must choose an account name to identify yourself to FamilyMattersUniversity.com staff (your "Account Name"), which will also serve as the name for the graphical representation of your body in the Service (such representation, an "Avatar"). You may not select as your Account Name the name of another person to the extent that could cause deception or confusion; a name which violates any trademark right, copyright, or other proprietary right; a name which may mislead other users to believe you to be an employee of FamilyMattersUniversity.com; or a name which FamilyMattersUniversity.com deems in its discretion to be vulgar or otherwise offensive. FamilyMattersUniversity.com reserves the right to delete or change any Account Name for any reason or no reason. You are fully responsible for all activities conducted through your Account or under your Account Name. At the time your Account is opened, you must select a password. You are responsible for maintaining the confidentiality of your password and are responsible for any harm resulting from your disclosure, or authorizing the disclosure of, your password or from use by any person of your password to gain access to your Account or Account Name. At no time should you respond to an online request for a password other than in connection with the log-on process to the Service. Your disclosure of your password to any other person is entirely at your own risk. 2.4 Account registrations are limited per unique person. Transfers of accounts are generally not permitted. FamilyMattersUniversity.com may require you to submit an indication of unique identity in the account registration process; e.g. credit card or other payment information, or SMS message code or other information requested by FamilyMattersUniversity.com. When an account is created, the information given for the account must match the address, phone number, and/or other unique identifier information associated with the identification method. You may register multiple accounts per identification method only at FamilyMattersUniversity.com's sole discretion. A single account may be used by a single legal entity at FamilyMattersUniversity.com's sole discretion and subject to FamilyMattersUniversity.com's requirements. Additional accounts beyond the first account per unique user may be subject to fees upon account creation. You may not transfer your Account to any third party without the prior written consent of FamilyMattersUniversity.com; notwithstanding the foregoing, FamilyMattersUniversity.com will not unreasonably withhold consent to the transfer of an Account in good standing by operation of valid written will to a single natural person, provided that proper notice and documentation are delivered as requested by FamilyMattersUniversity.com. 2.5 You may cancel your account at any time; however, there are no refunds for cancellation. Accounts may be cancelled by you at any time. Upon your election to cancel, your account will be cancelled within 24 hours, but if you have paid for a period in advance you will be allowed to use the remaining time according to these Terms of Service unless your account or this Agreement is suspended or terminated based on our belief that you have violated this Agreement. There will be no refunds for any unused time on a subscription or any prepaid fees for any portion of the Service. 2.6 FamilyMattersUniversity.com may suspend or terminate your account at any time, without refund or obligation to you. FamilyMattersUniversity.com has the right at any time for any reason or no reason to suspend or terminate your Account, terminate this Agreement, and/or refuse any and all current or future use of the Service without notice or liability to you. In the event that FamilyMattersUniversity.com suspends or terminates your Account or this Agreement, you understand and agree that you shall receive no refund or exchange for any unused time on a subscription, any license or subscription fees, any content or data associated with your Account, or for anything else. 2.7 Accounts affiliated with delinquent accounts are subject to remedial actions related to the delinquent account. In the event an Account is suspended or terminated for your breach of this Agreement or your payment delinquency (in each case as determined in FamilyMattersUniversity.com's sole discretion), FamilyMattersUniversity.com may suspend or terminate the Account associated with such breach and any or all other Accounts held by you or your affiliates, and your breach shall be deemed to apply to all such Accounts. 2.8 You are responsible for your own Internet access. FamilyMattersUniversity.com does not provide Internet access, and you are responsible for all fees associated with your Internet connection. CONDUCT BY USERS OF SECOND LIFE 3.1 You agree to abide by certain rules of conduct, including the Community Standards and other rules prohibiting illegal and other practices that FamilyMattersUniversity.com deems harmful. In addition to abiding at all times by the Community Standards, you agree that you shall not: (i) take any action or upload, post, e-mail or otherwise transmit Content that infringes or violates any third party rights; (ii) impersonate any person or entity without their consent, including, but not limited to, a FamilyMattersUniversity.com employee, or falsely state or otherwise misrepresent your affiliation with a person or entity; (iii) take any action or upload, post, e-mail or otherwise transmit Content that violates any law or regulation; (iv) take any action or upload, post, e-mail or otherwise transmit Content as determined by FamilyMattersUniversity.com at its sole discretion that is harmful, threatening, abusive, harassing, causes tort, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (v) take any actions or upload, post, e-mail or otherwise transmit Content that contains any viruses, Trojan horses, worms, spyware, 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; (vi) take any action or upload, post, email or otherwise transmit any Content that would violate any right or duty under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (vii) upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, or promotional materials, that are in the nature of "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation that FamilyMattersUniversity.com considers in its sole discretion to be of such nature; (viii) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; (ix) attempt to gain access to any other user's Account or password; or (x) "stalk", abuse or attempt to abuse, or otherwise harass another user. Any violation by you of the terms of the foregoing sentence may result in immediate and permanent suspension or cancellation of your Account. You agree that FamilyMattersUniversity.com may take whatever steps it deems necessary to abridge, or prevent behavior of any sort on the Service in its sole discretion, without notice to you. RELEASES, DISCLAIMERS OF WARRANTY, LIMITATION OF LIABILITY, AND INDEMNIFICATION 4.1 You release FamilyMattersUniversity.com from your claims relating to other users of FamilyMattersUniversity.com. FamilyMattersUniversity.com has the right but not the obligation to resolve disputes between users of FamilyMattersUniversity.com. As a condition of access to the Service, you release FamilyMattersUniversity.com (and FamilyMattersUniversity.com's shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, distributors) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any dispute you have or claim to have with one or more users of the Service. You further understand and agree that: (a) FamilyMattersUniversity.com will have the right but not the obligation to resolve disputes between users relating to the Service, and FamilyMattersUniversity.com's resolution of any particular dispute does not create an obligation to resolve any other dispute; (b) to the extent FamilyMattersUniversity.com elects to resolve such disputes, it will do so in good faith based solely on the general rules and standards of the Service and will not make judgments regarding legal issues or claims; (c) FamilyMattersUniversity.com's resolution of such disputes will be final with respect to the virtual world of the Service but will have no bearing on any real-world legal disputes in which users of the Service may become involved; and (d) you hereby release FamilyMattersUniversity.com (and FamilyMattersUniversity.com's shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, distributors) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with FamilyMattersUniversity.com's resolution of disputes relating to the Service. 4.2 FamilyMattersUniversity.com provides the Service on an "as is" basis, without express or implied warranties. FAMILYMATTERSUNIVERSITY PROVIDES THE SERVICE, THE LINDEN SOFTWARE, YOUR ACCOUNT AND ALL OTHER SERVICES STRICTLY ON AN "AS IS" BASIS, PROVIDED AT YOUR OWN RISK, AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, WRITTEN OR ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Without limiting the foregoing, FamilyMattersUniversity.com does not ensure continuous, error-free, secure or virus-free operation of the Service, or your Account, and you understand that you shall not be entitled to refunds for fees based on FamilyMattersUniversity.com's failure to provide any of the foregoing other than as explicitly provided in this Agreement. Some jurisdictions do not allow the disclaimer of implied warranties, and to that extent, the foregoing disclaimer may not apply to you. 4.3 FamilyMattersUniversity.com's liability to you is expressly limited, to the extent allowable under applicable law. IN NO EVENT SHALL FAMILYMATTERSUNIVERSITY.COM OR ANY OF ITS SHAREHOLDERS, PARTNERS, AFFILIATES, DIRECTORS, OFFICERS, SUBSIDIARIES, EMPLOYEES, AGENTS, SUPPLIERS, LICENSEES OR DISTRIBUTORS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION ANY DAMAGES FOR LOST PROFITS, ARISING (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) OUT OF OR IN CONNECTION WITH THE SERVICE (INCLUDING ITS MODIFICATION OR TERMINATION), YOUR ACCOUNT (INCLUDING ITS TERMINATION OR SUSPENSION) OR THIS AGREEMENT, WHETHER OR NOT FAMILYMATTERSUNIVERSITY.COM MAY HAVE BEEN ADVISED THAT ANY SUCH DAMAGES MIGHT OR COULD OCCUR AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. IN ADDITION, IN NO EVENT WILL FAMILYMATTERSUNIVERSITY'S CUMULATIVE LIABILITY TO YOU FOR DIRECT DAMAGES OF ANY KIND OR NATURE EXCEED FIFTY DOLLARS (U.S. $50.00). Some jurisdictions do not allow the foregoing limitations of liability, so to the extent that any such limitation is impermissible, such limitation may not apply to you. You agree that Linden Lab cannot be held responsible or liable for anything that occurs or results from accessing or subscribing to the Service. 4.4 You will indemnify FamilyMattersUniversity.com from claims arising from breach of this Agreement by you, from your use of FamilyMattersUniversity.com, from loss of Content due to your actions, or from alleged infringement by you. At FamilyMattersUniversity.com's request, you agree to defend, indemnify and hold harmless FamilyMattersUniversity.com, its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, distributors, Content Providers, and other users of the Service, from all damages, liabilities, claims and expenses, including without limitation attorneys' fees and costs, arising from any breach of this Agreement by you, or from your use of the Service. You agree to defend, indemnify and hold harmless FamilyMattersUniversity.com, its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, and distributors, from all damages, liabilities, claims and expenses, including without limitation attorneys' fees and costs, arising from: (a) any action or inaction by you in connection with the deletion, alteration, transfer or other loss of Content, status or other data held in connection with your Account, and (b) any claims by third parties that your activity or Content in the Service infringes upon, violates or misappropriates any of their intellectual property or proprietary rights. |
