Ser Familia Website Terms of Use

Website © 2024 Ser Familia Inc. 

Terms of Use last updated: July 2024

Acceptance of Terms of Use

This Terms of Use Agreement (the "Terms of Use" or "Agreement") is entered into between you (“you” or “User”) and Ser Familia Inc. (“we,” “us,” “our,” or the “Organization). This Agreement sets forth the terms and conditions under which you may use this website or mobile application, including, without limitation, any content, functionality, and services offered on or through this website or mobile application (collectively, the "Site"). The Site contains various information relating to the Organization in the form of text, graphics, images, news, data, reports, and other materials ("Content"). PLEASE READ THE AGREEMENT CAREFULLY. By accessing, browsing, or using the Site you acknowledge that you have read, understood, and agree to be legally bound by the Agreement. If you do not accept the Agreement (and therefore do not agree to be bound by the Agreement), you may not access or use the Site. We reserve the right to amend the Agreement at any time by posting the amended terms on the Site and changing the “Last updated” date.

This Site is offered and available to users who are 13 years of age or older, and reside in the United States or any of its territories or possessions. By using this Site, you represent and warrant that you are of legal age to form a binding contract with us and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Site thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Site. 

Your continued use of the Site following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you. 

Use of Site and Content

We reserve the right to withdraw or amend this Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict user access, including registered user access, to some parts of the Site or the entire Site. 

To access some of the resources the Site offers, we may ask users to provide certain registration details and information. Those who register are responsible for the security and confidentiality of their own user ID, password, and other related information. You acknowledge that your account is personal to you and agree not to provide any other person with access to the Site using your information. You agree to notify us of any unauthorized access to the Site or related breach of security.

You acknowledge that copyrights, trademarks, trade secrets, patents, or other proprietary rights of the Organization and other parties protect the Content. The Organization grants you a license to view, print, store, archive, and use the Content on the Site (without alteration, website framing, or redaction) solely for your personal, noncommercial use or for the benefit of the Organization and in accordance with this Agreement. We reserve all other uses of the Site. You shall not claim ownership over any Content by reason of your use of or any right to use the Site. You may not modify, redistribute, sell, or modify any Content, in whole or in part without permission from the Organization. 

Prohibited Uses

You may use the Site only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Site:

• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries). 
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the website content standards as determined in our reasonable discretion.
• To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
• To impersonate or attempt to impersonate the Organization, an Organization employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by us, may harm the Organization or users of the Site, or expose them to liability.

Additionally, you agree not to:

• Use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Site, including their ability to engage in real time activities through the Site.
• Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
• Use any manual process to monitor or copy any of the material on the Site, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Site.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site. 
• Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Site.

If you violate the above license for use of this Site, your right to use the Site ends immediately and you must, at our discretion, return or destroy any copies of the materials you have reproduced. No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by the Organization. Any use of the Site not expressly permitted by this Agreement is a breach of this Agreement and may violate copyright, trademark, or other such laws.

Third-Party Websites

The Site provides links to third-party websites ("Third-Party Sites") for specific purposes, such as making donations, or applying for job opportunities with the Organization. While we strive to provide accurate and quality information, we do not endorse any content in a Third-Party Site. WE ARE NOT RESPONSIBLE FOR THE CONTENT OF ANY THIRD-PARTY SITE, NOR DO WE MAKE ANY WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, REGARDING THE CONTENT (OR THE ACCURACY OF SUCH CONTENT) ON ANY THIRD-PARTY SITES, AND WE SHALL HAVE NO LIABILITY OF ANY NATURE WHATSOEVER IN RELATION TO ANY OF THE FOREGOING. Visit Third-Party Sites at your own risk and take precautions when downloading files from this and all Third-Party Sites to protect your computer from viruses and other destructive programs. 

Your use of a Third-Party Site and the collection and use of your personal information at such site will be governed by the Third-Party Site’s terms of use and/or privacy policy, and not by this Agreement or Privacy Policy of this Site. You should direct any concerns regarding the Third-Party Site to the Third-Party Site’s administrator or webmaster. 

Social Media Sites

The Site also provides links to officially monitored and curated social media channels that also display Content from the Organization. Your use of the Organization’s Content posted on social media channels is also subject to this Agreement, and your use of the social media platforms are subject to their own applicable terms of use.

User Submissions and Content

The Site provides fillable forms or functionality for specific purposes, such as volunteering and making referrals. By submitting information through these forms, you represent and warrant that you own and control all rights to any submissions and have the right to grant the license to us and our licensees, successors, and assigns, and that all submissions do, and will, comply this Agreement. You understand and acknowledge you are responsible for any contributions you submit and you, not the Organization, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

Disclaimer of Warranty

THE CONTENT PROVIDED ON THE SITE IS PROVIDED AS A SERVICE TO MEMBERS OF THE PUBLIC. INFORMATION PRESENTED ON THE SITE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. NO INFORMATION PRESENTED ON THE SITE CONSTITUTES LEGAL, FINANCIAL, OR MEDICAL ADVICE, NOR DOES IT CREATE AN ATTORNEY-CLIENT, DOCTOR-PATIENT, FIDUCIARY, OR COUNSELING RELATIONSHIP BETWEEN US AND YOU OR ANY OTHER PARTY. YOU ACKNOWLEDGE AND AGREE THAT THE SITE AND THE CONTENT THEREIN ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NONE OF US, ANY OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, VOLUNTEERS, CONTRIBUTORS, OR LICENSEES (COLLECTIVELY THE "SITE PARTIES") GUARANTEES THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY OF THE CONTENT. THERE ARE NO THIRD-PARTY BENEFICIARIES TO THIS AGREEMENT.

NONE OF THE SITE PARTIES WARRANTS THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT THE SITE, ITS SERVER, OR ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THE SITE ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ELEMENTS. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE AND THE ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU.

NONE OF THE SITE PARTIES MAKES ANY, AND HEREBY SPECIFICALLY DISCLAIMS ANY, REPRESENTATIONS, ENDORSEMENTS, GUARANTEES, OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE OR ANY CONTENT, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ALL OF THE SITE PARTIES DISCLAIM ANY WARRANTIES WITH RESPECT TO ANY RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW

Limitation of Liability

UNDER NO CIRCUMSTANCES WILL ANY SITE PARTIES BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT ON THE SITE, INCLUDING WITHOUT LIMITATION ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED FROM THIRD PARTY SITES TO WHICH THIS SITE IS LINKED. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION OR ANY CONTENT AVAILABLE THROUGH THE SITE.

IN NO EVENT SHALL ANY SITE PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE CONTENT, SERVICE, OR THE AGREEMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR NEGLIGENCE, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS SITE PARTIES' LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE.

Indemnification

User agrees to indemnify, defend, and hold harmless the Organization and its affiliates, licensors, and service providers, as well as their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, judgments, damages, expenses, losses, or liabilities arising out of or relating to your violation of this Agreement or your use of the Site, including, but not limited to, user submissions and any use of the Content and services outside what has been expressly authorized in this Agreement.

Termination

We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Site or the Content, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Site or the Content at any time without prior notice or liability.

User Must Comply With Applicable Laws

We make no claims concerning whether the Site or Content may be viewed, printed, archived, downloaded, or used outside of the United States or otherwise outside of our intended service area. You are solely responsible for ensuring compliance with the laws of your specific jurisdiction. Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone using or posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS THE ORGANIZATION AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

Governing Law And Jurisdiction

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Georgia without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Site shall be instituted exclusively in the federal or state courts located in Cobb County, Georgia. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Arbitration

At Organization's sole discretion, it may require you to submit any disputes arising from these Terms of Use or use of the Site, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Georgia law.

Limitation On Time To File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Miscellaneous

In the event that any portion of the Agreement is held to be invalid or unenforceable, the invalid or unenforceable portion shall be construed in accordance with the applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the Agreement shall remain in full force and effect. The paragraph headings herein are provided only for reference and shall have no effect on the construction or interpretation of the Agreement. If we fail to enforce strict performance of any provision of the Agreement, such failure will not constitute a waiver of our right to subsequently enforce such provision or any other provision of the Agreement. Neither the course of conduct between you and the Organization nor trade practice shall act to modify any provision of the Agreement. The disclaimers and limitations of liability will survive any termination or expiration of the Agreement. IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT IN THE EVENT ANY REMEDY HEREUNDER IS DETERMINED TO HAVE FAILED ITS ESSENTIAL PURPOSE, ALL LIMITATIONS OF LIABILITY AND EXCLUSIONS OF DAMAGES WILL REMAIN IN EFFECT.

The Agreement shall be governed by and construed in accordance with the laws of the State of Georgia, except with regard to its conflicts of law rules. Any action relating to the Content, Site or the Agreement must be brought in the federal or state courts located in Atlanta, Georgia or the county in which we primarily operate, and you hereby irrevocably consent to the jurisdiction of such courts. Additional written terms and conditions posted on the Site or executed in writing with you, including but not limited to, a Privacy Policy, govern use of the Site and Content and supersede any oral or other communication between the parties concerning the Site and Content. 

Entire Agreement

The Terms of Use, and our Privacy Policy constitute the sole and entire agreement between you and the Organization regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site. 

Your Comments and Concerns

This website is operated by Ser Familia, 445 Atlanta South Pkwy Suite 140, Atlanta, GA 30349. All feedback, comments, requests for technical support, and other communications relating to the Site should be directed to: INFO@SERFAM.ORG