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Terms & Conditions |
I. Introduction
A. This web site is owned by Keeping Families Connected (hereby referred to as 'KFC'). Thank you for visiting our web site. In order to use www.keepingfamiliesconnected.org, you must agree to conform to and be legally bound by the terms and conditions described below. Your use of this Web Site constitutes your agreement to be bound by these terms and conditions of use. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THIS SITE.
B. KFC MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE
ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT (TEXT AND
IMAGES) OF THIS SITE OR ANY OF THE SITES WE HOST.
II. Relationship Between KFC and User; Providing Only a
Venue.
A. KFC shall not be liable for damages
of any kind, including without limitation special or
consequential damages, arising out of your access to, or
inability to access, this site or your use of, or reliance upon,
this site or the content hereof. In addition, KFC shall have no
duty to update this site or the content hereof within a specific
time frame and shall not be liable for any failure to update
such information. Further, KFC is neither responsible nor liable
for your use of other web sites which you may access via certain
links within this site. These links and other "resources"
referenced on this site are provided merely as a public service
to users of the World Wide Web and inclusion in our site does
not constitute an endorsement by or affiliation with KFC.
B. KFC is an internet site that facilitates
communication between legal & counseling professionals and
potential users of those services. KFC acts as a venue for
providers and purchasers of those professional services to
exchange information with the potential of eventually forming a
professional relationship. KFC does not guarantee that Users
will successfully find a qualified professional through this
system. KFC takes no position and offers no opinion on when or
if an attorney or counseling/client relationship has been
formed.
C. KFC does not involve itself in the
agreements between attorneys or counselors and clients or the
actual representation of clients. Therefore, we cannot ensure
the completion of the agreement or the integrity of either
party. The User, and not KFC, is solely responsible for
assessing the integrity, honesty, and trustworthiness of all
persons with whom the User communicates on the Service.
Disclaimer of attorney/client relationship: Any form of use of the service by a subscribing professional or potential client is not intended to and will not create an attorney/client relationship between any person or entity and KFC. Any electronic communication sent to KFC will not create an attorney/client relationship between the User and KFC, such being expressly denied.
KFC does not screen or vouch for any of its Users. a. Providing a service where potential clients and legal or counseling professionals can meet does not imply an endorsement of any subscribing professional. KFC makes no representation concerning any professional’s qualifications (except that the attorney or counselor stated that they were licensed to practice law or in the mental health field in a least one state at the time of registration), nor does it sanction statements any professional may post on the system. KFC does not screen potential cases, or otherwise channel potential clients to selected attorneys or counselors.
KFC does not provide legal advice: KFC is not a law firm. KFC offers no expert legal or mental health advice, recommendations, mediation, or counseling under any circumstance. KFC encourages the User not to accept, as legal advice any information received from any source found on this service, unless it is from an attorney or counselor the User has retained.
Disclaimer of representations by Users: KFC makes no representation, guarantee, or warranty (express or implied) as to the legal ability, competence, or quality of representation which may be provided by any of the attorneys, law firms or counseling professionals which may be listed through this web site or any affiliate thereof.
III. Compensation.
A. There may be some professional service providers listed
on this site that pay a fee to be listed. There may also be
books and other publications listed that may result in
compensation to the owner of this website.
IV. User Comments.
A. As part of our service to all Users, KFC may provide a
blog/forum for clients to comment on their experiences with the
attorneys or counselors reached by using the Service. If a
blog/forum is provided, comments posted on the comment board
will be available for review by all KFC Users and attorneys.
While we encourage open and unrestricted use of the blog/forum,
we do not tolerate offensive conduct. When using the discussion
blog/forum to comment on your experiences, please keep the
comments accurate, constructive and civil. Bear in mind that use
of disparaging and defamatory comments does not serve the
purpose of the blog/forum and may result in legal liability to
the User. KFC reserves the right to terminate this Agreement and
restrict future access to the Service to Users who post comments
that are defamatory, hostile, vulgar, or otherwise distasteful.
We are not responsible for any obscene or offensive content that
you receive or view from others while using our website.
However, if you do receive or view such content, please contact
us by e-mail at support@keepingfamiliesconnected.org so that we
can investigate the matter.
V. Disclaimer of Information Obtained on the Service.
A. KFC provides professionals and potential clients with an
internet site that functions as an open market. KFC is not
responsible for the content of materials posted on its web
sites. The opinions and views expressed are those of the
individual Users of the Service and do not reflect those of KFC.
Data submitted by other Users (both professionals and lay
persons) is not verified or reviewed in any way before it
appears on the KFC web site. KFC does not warrant the validity
or accuracy of any such information. Please use caution and
common sense when using this site.
B. KFC does not continuously review the standing of any
attorney, counselor or subscriber with any regulatory authority.
When considering employing any attorney, law firm or counselor,
Users should check the professional’s standing with the
applicable regulatory body.
C. KFC makes no representation regarding the status,
standing or ability of any professional service provider that is
listed through this web site.
D. Users are urged to make their own independent
investigation and evaluation of any professional service
provider being considered. The determination of the need for
professional services and the choice of a professional are
extremely important decisions and should not be based solely on
advertisements, claims of expertise, or on the cost of rendering
the requested legal services.
E. KFC is not responsible for, and in no way endorses, any
description or indication of specialization or limitation of
practice by any professional service provider listed. Please be
aware that no agency or board may have certified such attorney
as a specialist or expert in any indicated field of law
practice. In addition, an attorney claiming specialization is
not necessarily any more expert or competent than other
attorneys. It is up to the User to question the professional on
the factual basis of any statement they make, ask for the names
of the certifying agencies, and verify all information.
F. Users are encouraged to use caution when reviewing any
information submitted by attorneys and other parties. Although
KFC strongly encourages all professionals to comply with all
regulations governing their professional and ethical conduct, it
is impossible for KFC to monitor the professional’s integrity or
compliance with applicable rules of conduct.
G. KFC in no way endorses the content or legality of any
offers, statements, or promises made by any professional or any
other parties, on or off this site.
VI. Confidentiality.
A. KFC makes every effort to maintain the confidentiality of
any information submitted by Users to our system. See Privacy
Policy below.
VII. Indemnification
A. This User agrees that KFC is not responsible for any harm
that this Service may cause. The User agrees to indemnify,
defend, and hold KFC, its’ principles, owners, employees and
affiliates harmless from and against any and all liability and
costs incurred in connection with any loss, liability, claim,
demand, damage, and expenses arising from or in connection with
the contents or use of the Service. The User agrees that the
defense and indemnity shall also apply to any breach by the user
of the Agreement or the foregoing representations, warranties
and covenants. The User further agrees that this defense and
indemnity shall include without limitation attorney's fees and
costs. The User also agrees that this defense and indemnity
shall apply to KFC affiliates, directors, officers and
employees. KFC reserves the right, at its own expense, to assume
the exclusive defense and control of any matter otherwise
subject to indemnification by the User and the User shall not in
any event settle any matter without the written consent of KFC.
VIII. KFC Other Rights.
A. KFC also reserves the following rights:
To release current or past User information, pursuant to the terms of the Privacy Policy, in the event, KFC believes that accounts are in violation of the terms of service or page content guidelines, used to commit unlawful acts, if the information is subpoenaed, and/or if KFC deems it necessary and/or appropriate;
To deny service to offenders of these guidelines or the Agreement;
To terminate or deny service to anyone for any reason or
no reason
IX. Modifications to Terms of Service.
A. KFC reserves the right to change this Legal
Statement, and (2) monitor and remove postings from the
blog/form. If any term, condition, or provision of this Legal
Statement is determined to be unlawful, invalid, void, or for
any reason unenforceable, the validity and enforceability of the
remaining terms, conditions and provisions shall not in any way
be affected or impaired thereby. This Legal Statement
constitutes the entire agreement between you and KFC relating to
the subject matter herein.
B. It is the
responsibility of the User to read the terms and conditions to
determine if changes have been made. Continued use of the
Service will indicate acceptance of the new terms and
conditions.
X. Modifications to Service.
A. KFC reserves the right to modify or
discontinue, temporarily or permanently, the Service with or
without notice to the User. The User agrees that KFC shall not
be liable to the User or any third party for any modification or
discontinuance of the Service. The User acknowledges and agrees
that any termination of Service under any provision of this
Agreement may be effected without prior notice, and acknowledges
and agrees that KFC may immediately delete data and files in the
User's account and bar any further access to such files or the
Service.
XI. KFC'S Proprietary Rights.
A. KFC owns certain things on this system, including
the 'look and feel' of the system, the name of the system, and
the collective work copyright in sequences of public messages on
the system. Users cannot reproduce any message thread from the
system, either electronically or in print, without KFC'S
permission and the permission of all participants in the thread.
This is not a complete list - other things on the system are
also KFC'S property. Contact KFC before copying anything from
the system with plans of reproducing it or distributing it.
XII. Disclaimer of Warranties and Limitation of Liability.
A. A great danger for KFC, and for all
operators of online systems, is that we might be held
accountable for the wrongful actions of our Users. If one User
libels another User, the injured User might blame us, even
though the first User was really at fault. If a User uploads a
program with a computer virus, and the other User's computers
are damaged, we might be blamed even through a User left the
virus on our system. If a User transmits illegal or improper
information to another User, we might be blamed even through we
did nothing more than unknowingly carry the message from one
User to another. Accordingly, we need all Users to accept
responsibility for their own acts, and to accept that an act by
another User that damages them must not be blamed on us, but
only on the other User.
B. Although it is KFC'S goal
to provide Users with a reliable, quality system, we may make
mistakes or experience system failure from time to time. Such
problems are inevitable in operating a system of this size. We
would not be able to make this system available to Users if we
had to accept blame or financial liability or any usability
problems, system failures or errors, or mistakes or damages of
any kind, in order to continue offering and improving our
Service, KFC must deny any warranties on this Service and insure
that our liability for any problems connected with the use of
our system is strictly limited.
C. These needs are accomplished by the following
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XIII. Arbitration
A. Any controversy or claim arising out of or relating to this
Agreement or KFC Services shall be settled by binding
arbitration in accordance with the commercial arbitration rules
of the American Arbitration Association. Any such controversy or
claim shall be arbitrated on an individual basis, and shall not
be consolidated in any arbitration with any claim or controversy
of any other party. The arbitration shall be conducted in the
County of Washington, Oregon, and judgment on the arbitration
award may be entered by any court having jurisdiction thereof.
Either the User or KFC may seek any interim or preliminary
relief from a court of competent jurisdiction in the County of
Washington, Oregon, necessary to protect the rights or property
of the User or KFC pending the completion of arbitration. This
arbitration clause does not prohibit either KFC or the User from
seeking to have the arbitration dismissed or judicially
terminated on the basis the claims in the arbitration action
fail to provide a legal basis upon which a claim for relief may
be granted. Any motion or action to dismiss must be filed in a
court of general jurisdiction within the County of Washington,
Oregon. In any dispute between KFC and USER, the prevailing
party shall be entitled to recover their attorney’s fees and
costs in the arbitration.
IVX. General
A.
This Agreement, the Agreement, incorporates by reference our
Privacy Policy and any notice by KFC contained in any of the web
site pages and constitutes the entire understanding between the
User and KFC regarding the User's relationship to our Service.
B. Users can reach our Service from all fifty (50) states and
around the world. Each of these places has a different set of
laws. Since KFC cannot keep track of all these laws and their
requirements, the Agreement and the relationship between the
User and KFC shall be governed by the laws of the State of
Oregon without regard to its conflict of law provisions.
C. If KFC fails to exercise or enforce any right or provision of
this Agreement, that failure shall not be used to prove that KFC
has waived the right or provision If any provision of this
Agreement is found by a court of competent jurisdiction to be
invalid, the parties nevertheless agree that the court should
endeavor to give effect to the parties' intentions as reflected
in the provision, and that the other provisions of the Agreement
remain in full force and effect. The User agrees that regardless
of any statute or law to the contrary, any claim or cause of
action arising out of or related to use of the Service or the
agreement must be filed within one (1) year after such claim or
cause of action arose or be forever barred. The section titles
in the Agreement are for convenience only and have no legal or
contractual effect.
D. KFC recommends products and services on this web site based
in part on a good faith belief that the purchase of such
products or services will help Users in general. The
representations made by the Owner about products and services
reflect the Owner’s honest opinion based upon the facts known to
the Owner at the time a product or service is mentioned on this
site.
Minors.
E. We do not provide services or sell products to children. If
you are below the age of 18, you may use our website only with
the permission and active involvement of a parent or legal
guardian. If you are a minor, please do not provide us or other
website visitors with any personal information.
F. Our anti-Spam policy is part of, and subject to, these terms
and conditions of use. We fully endorse and comply with the
requirements of the CAN-SPAM Act of 2003 (Controlling the
Assault of Non-Solicited Pornography and Marketing Act), and all
other applicable unsolicited commercial e-mail laws. If you
subscribe to electronic newsletters or other communications from
us or our website, you will always have an option to unsubscribe
immediately.
XV. Privacy Policy
A. This web site is owned by Keeping Families Connected
(hereby referred to as 'KFC'). KFC recognizes that many visitors
to our site are concerned about the information they provide and
how KFC treats that information. Our Privacy Policy addresses
those concerns. KFC may update the Policy from time to time, so
please check in occasionally.
B. At this site, we don't collect personally identifiable
information from you unless you provide it to us voluntarily and
knowingly. You can visit our site without telling us who you are
or revealing information about yourself. However, if you
specifically agree to provide us with identifiable information,
such as by subscribing to our membership services, or submitting
your story, KFC may put your story on this site, and have it
available for the media to reprint. You understand that by
submitting your story, you are explicitly permitting us and the
media to use your work. Under no circumstances does KFC sell or
provide your private information to any outside party.
XV. Entire Agreement
A. These terms and conditions, including the policies
incorporated herein by express reference, constitute your entire
agreement with us with respect to the use of our website.
This site is dedicated to all children around the world whom we will do our best to shield from the effects of alienation, be it through their parents, or through their future spouses.