TOOLS4FAMILIES® TERMS OF USE
Last Updated: December 29, 2024
We may modify these Terms from time to time. When we do, we will provide notice to you by publishing the most current version and revising the date at the top of this page. By continuing to use the Service after any changes come into effect, you agree to the revised Terms; if you do not agree with any of the revised Terms, you must stop using the Service.
1. THESE TERMS OF USE. THESE TERMS OF USE (“TERMS OF USE”) ARE A LEGAL CONTRACT BETWEEN YOU AND TOOLS4FAMILIES. The Tools4Families website provides users (each individually a “User” or “Member” and collectively, “Users” or “Members”) with access to workshops, podcasts, newsletters, and other paid and no-cost content regarding a wide spectrum of family, partnership, mental health, and self-care topics The terms “Tools4Families,” “we,” “us,” and “our” refer to Mind Matters Institute, A Psychological Corporation (dba Tools4Families). The terms “you” and “your” refer to any person accessing and/or using the Service, including accessing or subscribing to Available Content (as such terms are defined in Section 7). We provide the Service to you expressly subject to these Terms of Use, together with our Privacy Policy. “Terms” means these Terms of Use. BY CLICKING “I ACCEPT,” OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE TERMS, INCLUDING THE PRIVACY POLICY. If you do not agree to these Terms or are unable to do so, do not use the Service.
NOTE: PLEASE READ THESE TERMS OF USE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTIONS) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND, FURTHER, THAT (1) YOU WILL BE PERMITTED TO PURSUE CLAIMS AGAINST TOOLS4FAMILIES ONLY ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY ON AN INDIVIDUAL BASIS, AND (3) YOU ARE WAIVING YOUR RIGHT TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.
The Available Content on this Service is for informational purposes only. As described further in Section 13 below, Tools4Families is not engaged in rendering therapy services by providing the Service, and your use of the Service does not create any therapist-patient or other treatment relationship between you and Tools4Families or any of its representatives.
2. YOUR ACCOUNT. The Service may be accessed and used only by individuals who can form legally binding contracts under applicable laws, are not barred from using the Service under applicable laws or by Tools4Families, and are at least 18 years old. By using this Service, you represent that you meet all these eligibility requirements.
You must register for an account to access and use Available Content, materials, and services offered on and through the Service. When you register for an account, you must provide us with some basic information, including your first and last name, email address, payment card information, user ID, and password. You will also be able to provide additional optional information in response to questions in connection with onboarding. Please keep your email address and other account information current and accurate. Also, you agree to maintain the security and confidentiality of your password. You are solely responsible for anything that happens if you fail to maintain the security and privacy of your account. If someone is using your password or accessing your account without your permission, email us at info@tools4families.com.
3. YOUR PRIVACY. Tools4Families collect registration and other information about you through the Service. Please refer to our Privacy Policy for details on how we collect, use, and disclose this information.
4. PROHIBITED ACTIVITIES. You agree that you will not (directly or indirectly) use the Service to advertise or disseminate advertisements regarding any offered products or services or the need for any products or services, regardless of whether you are doing so on a professional or personal basis. To avoid doubt, this prohibition includes (but is not limited to) advertisements and dissemination of advertisements regarding the offer, purchase, sale, sharing, and/or availability of childcare services, therapy/counseling/coaching services, and other similar products and services. Additionally, you agree that you will not (directly or indirectly) use the Service: (i) to advertise or disseminate advertisements regarding any other types of promotional materials, ‘pyramid schemes’, ‘junk mail’, and ‘chain letters’; (ii) to advertise or disseminate advertisements or messages of a political nature, including, but not limited to, disseminating information on political rallies, marches, protests, and/or other political events; (iii) for any unlawful purpose or for any purpose that would give rise to civil liability; (iv) to solicit others to perform or participate in any unlawful acts; (v) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (vi) to submit false or misleading information, create a false identity, or otherwise manipulate identifiers in order to deceive others or disguise the origin of any content transmitted to or via the Service; (vii) to upload or transmit viruses or any other type of malicious code that may be used in any way to affect the functionality or operation of the Service; (viii) other than for your use of the Service as expressly permitted in these Terms, to access or attempt to access any systems or servers on which the Service is hosted or modify or alter the Service in any way; (ix) or to spam, phish, pharm, pretext, spider, crawl, data-mine, or scrape; (x) to interfere with or circumvent the security features of the Service or services of third-party service providers; (xi) to damage, disable, overburden, or impair Tools4Families’ servers or networks or those of third-party service providers; (xii) to defame, abuse, harass, stalk, threaten, or otherwise violate the dignity or legal rights (such as rights of privacy and publicity) of others; (xiii) to use language, images, or other content that Tools4Families in its sole discretion deems insensitive, offensive, obscene, sexually explicit, or otherwise inappropriate or inconsistent with Tools4Families’ brand; or (xiv) to post anything that exploits children or that depicts cruelty to animals.
5. USER CONTENT, LIVE EVENTS, AND CONDUCT OF OTHERS. At Tools4Families, we value community. Within any community, two things are true – disagreements are natural, and respect is required. By using our Service or purchasing and attending, or participating in, live event workshops or any other Tools4Families events (each an “Event” and collectively, “Events”), you agree to conduct yourself in a productive and respectful manner and otherwise in accordance with these Terms.
If we become aware of User Content (as defined in Section 6 below) that is inappropriate or does not otherwise comply with these Terms on the Service or conduct at one of our live events, we reserve the right to investigate and take appropriate action, which may include moderating content, and temporary or permanent suspension from our Service or, in the case of an Event, removal of any participant whose comments or behavior are deemed to be inappropriate or disruptive. We may become aware of User Content that is inappropriate or does not comply with these Terms through the use of automated technologies.
Notwithstanding any of the foregoing, Tools4Families does not control the User Content or conduct of other Users. We are not required to monitor, police, or remove any User Content or conduct, and we assume no liability for any such User Content or conduct. Additionally, we are not a party to any communications or arrangements made among Users through the Service. We do not conduct or require background checks on Users, and we do not attempt to verify the truth or accuracy of statements made by Users. We make no representations or warranties concerning the conduct or User Content of any Users or their interactions with you.
6. YOUR USER CONTENT. You are responsible for the information, opinions, messages, comments, photos, videos, graphics, sounds, and other content or material that you submit, upload, post, or otherwise make available on or through the Service or at an Event (“User Content”) and through the services available in connection with this Service. You may not upload, post, or otherwise make available on this Service any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark, or other proprietary right owned by a third party, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, violation of contract, privacy or publicity rights, or any other harm resulting from any User Content you make. You have full responsibility for any and all User Content you make, including its legality, reliability, and appropriateness.
You agree that any User Content you provide in connection with this Service is provided on a non-proprietary and non-confidential basis. You hereby grant to Tools4Families a non-exclusive, perpetual, irrevocable, transferable, royalty-free, fully paid-up, worldwide license (including the right to sublicense through multiple tiers) to use, reproduce, process, adapt, publicly perform, publicly display, modify, prepare derivative works, publish, transmit and distribute each of your User Content, or any portion thereof, in any form, medium or distribution method now known or hereafter existing, known or developed, and authorize others, including third-party service providers, to use the User Content. We may modify or adapt your User Content to transmit, display, or distribute them over computer networks and in various media and/or make changes to the User Content as necessary to conform and adapt them to any requirements or limitations of any networks, devices, services, or media.
7. SERVICE USE RESTRICTIONS AND INTELLECTUAL PROPERTY.
(a) As used in these Terms, “Service” means: (i) the websites www.tools4families.com, www.mindmattersinstitute.org, www.nooshaniv.com, along with our related websites and any future affiliated website(s), including all webpages on such websites (collectively, the “Websites”), hosted applications, mobile and other downloadable applications (collectively, the “Apps”); and (ii) the workshops, lessons, classes, podcast episodes, videos, audio files, scripts, newsletters, articles, documents, photos, and other content made available to you, on a paid or non-paid basis, for your informational and instructional use (collectively, the “Available Content”); and (iii) any current or future public forum(s) hosted on, or as part of, the Service.
(b) All Available Content and other aspects of the Service are protected by copyright and owned, controlled, or licensed by Tools4Families. You may not (i) sell, rent, lease, copy, reproduce, hyperlink, frame, republish, upload, post, modify, transmit, translate, encode, publicly display, or distribute in any way via any medium any Available Content or any other part of the Service without Tools4Families’ express prior written consent; (ii) remove any proprietary notices or labels on the Available Content; (iii) attempt to disable, bypass, modify, defeat, or otherwise circumvent any digital rights management or other content protection system used on or as part of the Service; or (iv) use the Service for any commercial or illegal purpose.
(c) Most Available Content is in “streaming” format, which means that it is made available to you as a contemporaneous digital transmission via the Internet from the Service to your device for personal viewing in real-time. Except as expressly set forth below, you may not download any Available Content or any other part of the Service without Tools4Families’ express prior written consent: Certain Available Content may specifically indicate that downloading is permitted. In such cases, you may download one copy of such Available Content on any single device for your personal, non-commercial use only, so long as you keep intact all copyright and other proprietary notices.
(d) The Available Content and all other aspects of the Service, including any and all trademarks, logos, text, images, graphics, music, data, software, source code, and other information available through or as a part of the Service, and including the design, structure, selection, coordination, expression, “look and feel,” and arrangement of the Service, are the sole property of Tools4Families and/or its licensors, are protected by copyright, trademark, and other intellectual property laws, and may not be used except in accordance with these Terms or with Tools4Families’ express written consent. Subject to your compliance with these Terms, Tools4Families grants you a limited, non-exclusive, revocable, non-sublicensable, non-transferable right to (i) install and use one object code copy of any mobile or other downloadable application associated with the Service (whether installed by you or pre-installed on your mobile device by the device manufacturer or a wireless telephone provider) on a mobile device that you own or control; and (ii) use the Service to access and use Available Content, in each case of (i) and (ii), solely for your personal, non-commercial purposes. Other than as necessary for your use of the Service in accordance with these Terms, Tools4Families grants you no other privileges, licenses, or rights in and/or to the Service, and you must keep intact all patent, copyright, trademark, and other proprietary notices on the Service.
(e) You acknowledge and agree that any breach of any provision of this Section 7 would result in irreparable harm to Tools4Families, for which money damages alone would be an inadequate remedy, and, therefore, you agree that Tools4Families is entitled to injunctive relief to prevent or restrain any breach or threatened breach of this Section 7, in addition to any other remedies available at law or in equity.
8. AVAILABILITY AND STREAMING QUALITY OF AVAILABLE CONTENT. Tools4Families regularly updates the Available Content on the Service. Additionally, Tools4Families may test certain Available Content or Service features by making them available to you for limited periods of time. In all cases, Tools4Families reserves the right to change or remove any or all Available Content from the Service at any time without notice and without liability to you or third parties. The playback resolution and quality of the Available Content depends on a number of factors. Tools4Families makes no guarantee as to the resolution or quality of the Available Content you will receive when streaming, even if you have paid for access to such Available Content.
9. PAID CONTENT. Users can purchase additional sessions or services for additional fees, and such additional sessions or services may be subject to additional terms that must be agreed upon to access the additional session or services. Except as expressly set forth herein, all fees are non-refundable once paid. All fees are in U.S. dollars. Any promotional or “trial basis” discounts offered are temporary and will terminate at the end of the applicable promotional period but may be terminated earlier at Tools4Families’ sole discretion. You may pay for Services only with credit and debit card payments (Visa, MasterCard, American Express, and Discover). We may use a third-party payment processor to process your payment.
10. THIRD-PARTY LINKS; AFFILIATE ADVERTISING. The Service contains links to websites, tools, and resources operated by parties other than Tools4Families. For Tools4Families to provide the Service to you, Tools4Families may link to, incorporate, or integrate third-party services such as Zoom Video Communications, Inc. (“Zoom”). By using these tools and features, you may be subject to certain terms and policies, including Zoom’s terms of service (available at https://explore.zoom.us/en/terms/ ), Zoom’s acceptable use guidelines (available at https://explore.zoom.us/en/community-standards/), and all other applicable guides, statements, notices, and policies located at zoom.us/legal. By using the third-party tools or functions, you hereby authorize Tools4Families to transfer your information to the applicable third-party service. Third-party services are not under Tools4Families’ control, and to the fullest extent permitted by law, Tools4Families is not responsible for any third-party service’s use of your exported information. The Service may also contain links to third-party websites. Linked websites are not under Tools4Families’ control, and Tools4Families is not responsible for their content. Please review the terms of use and privacy policy of any third-party services before you share any User Content or information with such third-party services. Once sharing occurs, Tools4Families will have no control over the information that has been shared.
Many websites we link to are operated by third parties that pay Tools4Families fees when you purchase their products after clicking on a link from our Service. Affiliate advertising allows Tools4Families to continue providing relevant and valuable Available Content. We may also allow unaffiliated third parties to sell Tools4Families branded merchandise. Notwithstanding the foregoing, Tools4Families does not control such third-party websites, tools, products, merchandise, services, or resources, and WE ARE NOT RESPONSIBLE FOR THE CONTENT, PRODUCTS, SERVICES, OR INFORMATION OFFERED BY ANY SUCH THIRD PARTIES. Neither the inclusion on the Service of links to such third-party websites nor our participation in affiliate marketing programs with such third parties shall be construed as Tools4Families’ endorsement of any such third-party content, products, or services. IF YOU ACCESS, PURCHASE, OR USE ANY THIRD-PARTY PRODUCTS, MERCHANDISE, SERVICES OR RESOURCES, YOU DO SO ENTIRELY AT YOUR OWN RISK, AND WE SHALL HAVE NO LIABILITY WHATSOEVER ARISING FROM OR RELATING TO YOUR ACCESS, PURCHASE OR USE OF SUCH THIRD-PARTY PRODUCTS, MERCHANDISE, SERVICES OR RESOURCES. Additionally, note that you will be subject to the terms and conditions and the privacy policies imposed by such third parties. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
11. UNSOLICITED INFORMATION. From time to time, you may send us unsolicited information or materials, including, without limitation, ideas or suggestions related to new or improved services, enhancements, names, technologies, advertising and marketing campaigns, plans, or promotions (collectively, “Unsolicited Information”). Notwithstanding the foregoing, Tools4Families does not want to receive confidential or proprietary information from you, and you agree never to send to Tools4Families any User Content that would violate or infringe any copyrights, trademarks, or any other intellectual property rights or other rights of third parties, including, without limitation, the rights of publicity or privacy. By sending Tools4Families any Unsolicited Information, you grant to Tools4Families, its affiliates, and subsidiaries an unrestricted, irrevocable, perpetual, worldwide license to use, reproduce, display, perform, modify, transmit, and distribute such Unsolicited Information. You also agree that Tools4Families is free to use any ideas, concepts, know-how, or techniques you send to it for any purpose without attribution or compensation to you of any kind. Tools4Families has no obligation to review any Unsolicited Information. These provisions do not govern Tools4Families’ obligations concerning your personal information, which obligations are set forth in Tools4Families’ Privacy Policy.
12. INTELLECTUAL PROPERTY INFRINGEMENT. Tools4Families respects the intellectual property rights of others, and we ask you to do the same. Tools4Families may, in appropriate circumstances and at our discretion, terminate service and/or access to this Service for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Service, please email info@tools4families.com with the following information:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed,
Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online Service are covered by a single notification, a representative list of such works at that Service,
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Service, and information reasonably sufficient to permit Tools4Families to locate the material;
Information reasonably sufficient to permit Tools4Families to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law;
A statement that the information in the notification is accurate and under penalty of perjury that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Termination of Repeat Infringers. Tools4Families reserves the right, in its sole discretion, to terminate the account or access of any user of our website and/or service who is the subject of repeated DMCA or other infringement notifications.
13. NOT PROFESSIONAL ADVICE; NO PROFESSIONAL RELATIONSHIP CREATED. Although this Service may provide information related to mental health, clinical psychology, and other medical issues, such information is not intended to constitute or be a substitute for advice from a qualified healthcare provider. Tools4Families is not engaged in rendering mental health advice, clinical psychology advice, therapy, or other medical advice or services by providing the Service, and your use of the Service does not create any therapist-patient or other treatment relationship between you and Tools4Families or any of its representatives (including, but not limited, Tools4Families’ principal, Dr. Noosha Niv).
Tools4Families assumes no responsibility for any consequence relating directly or indirectly to any action or inaction you take based on the Available Content or other information or material on this Service. Reliance on any information provided by Tools4Families, Tools4Families representatives, or others contributing to the Service at the invitation of Tools4Families is solely at your own risk. Always seek the advice of your qualified healthcare professionals with any questions you may have regarding a medical condition. Never disregard professional advice or delay seeking it because of something you have read on this Service.
LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, SERVICES, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THE SERVICE IS PROVIDED TO YOU ‘AS IS’ AND ‘AS AVAILABLE,’ WITHOUT ANY REPRESENTATIONS, GUARANTEES, OR WARRANTIES OF ANY KIND, EITHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT, OR RELATING TO THE QUALITY, SUITABILITY, OPERABILITY, CONDITION, TRUTH, ACCURACY, ABSENCE OF DEFECTS, WHETHER LATENT OR PATENT, OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THE SERVICE, AND WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE). TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO CASE SHALL TOOLS4FAMILIES BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS, LOSS OF DATA, OTHER ECONOMIC ADVANTAGE OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM: (A) YOUR USE OF THE AVAILABLE CONTENT OR OTHER PARTS OF THE SERVICE; (B) THE SERVICE’S SECURITY, OPERABILITY, OR AVAILABILITY; (C) ANY INFORMATION, ADVICE, SERVICES, OR GOODS OBTAINED THROUGH OR ADVERTISED ON THE SERVICE; (D) STATEMENTS, CONDUCT, INTERACTIONS, OR DEALINGS WITH ANY OTHER SERVICE MEMBER OR THIRD PARTY; OR (E) ANY OTHER CLAIM RELATED IN ANY WAY TO THE SERVICE – EVEN IF ADVISED OF THE POSSIBILITY OF SUCH INJURY, LOSS, CLAIM, OR DAMAGES. Our liability to you or any third parties in any circumstance is limited to the greater of $100 or the amount of fees, if any, you paid to us in the twelve months prior to the action that may have given rise to liability. The limitations set forth in these Terms do not limit Tools4Families’ liability for gross negligence, fraud, or intentional, malicious, or reckless misconduct. Further, because some jurisdictions do not allow the limitation of liability for consequential or incidental damages, in such jurisdictions, Tools4Families’ liability shall be limited to the maximum extent permitted by law. You may have additional legal remedies if you are based in the EU.
14. INDEMNIFICATION. To the full extent permitted by applicable law, you agree to indemnify, defend, and hold Tools4Families and its officers, directors, shareholders, employees, contractors, and agents harmless from any costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) suffered in relation to or arising from any claim or demand made by any third party due to or arising out of your violation of these Terms; your use, misuse, or abuse of the Service; your User Content; your violation of any law, statute, ordinance or regulation; or your violation of the rights of a third party. You agree to cooperate with Tools4Families in defending such claims and not to settle any claim without Tools4Families’ prior written consent.
15. DISPUTE RESOLUTION BY BINDING ARBITRATION; CLASS ACTION WAIVER; JURY WAIVER; GOVERNING LAW AND VENUE.
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
Please read this Section carefully. It provides that all Disputes between you and Tools4Families shall be resolved by binding arbitration. Arbitration replaces the right to go to court. In the absence of this arbitration agreement, you may otherwise have a right or opportunity to bring claims in a court before a judge or jury and/or to participate in or be represented in a case filed in court by others (including but not limited to class actions). Except as otherwise provided, entering into these Terms constitutes a waiver of your right to litigate claims and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow these Terms and can award the same damages and relief as a court (including attorney’s fees).
WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED BELOW, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.
(a) Pre-Arbitration Claim Resolution. Before making a claim, you and Tools4Families agree to try to resolve any disputes through good-faith discussions. For the purpose of this Section, “Tools4Families” means Tools4Families and its parents, subsidiaries, and affiliate companies, as well as each of their respective officers, directors, employees, and agents. As used herein, the term “Dispute” means any dispute, claim, or controversy regarding, arising out of, or relating to these Terms, any aspect of your relationship with Tools4Families, or your use of the Service, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable cause of action or claim for relief, and includes the validity, enforceability or scope of this Section (with the exception of the enforceability of the Class Action Waiver clause below), but excluding any claims Tools4Families may make for injunctive or other equitable relief. You or Tools4Families may initiate this dispute resolution process by sending written notice describing the dispute and the proposed resolution. That written notification must include (1) your name, (2) your address, (3) a written description of your Dispute, and (4) a description of the specific relief you seek. In the event that you and Tools4Families cannot resolve the issue within ninety (90) days following receipt of the initial notice, either party may bring a Dispute in accordance with the remainder of this Section 15.
(b) Jurisdiction. You agree that the Service shall be deemed a passive website based solely in California that does not give rise to personal jurisdiction over Tools4Families, either specific or general, in jurisdictions other than California. These Terms shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Notwithstanding the foregoing, any arbitration conducted pursuant to these Terms shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The application of the UN Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in Los Angeles County, California, for any actions for which Tools4Families may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of its intellectual property or proprietary rights, including any provisional relief required to prevent irreparable harm. You agree that Los Angeles County, California, is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.
(c) Arbitration Procedures; Location of Arbitration. For any Dispute not settled pursuant to Section 17(a), you and Tools4Families agree to resolve such Dispute by binding arbitration by JAMS under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This Section governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action or representative action procedures or rules apply to the arbitration. The arbitration will be conducted in Los Angeles County, California unless you and Tools4Families agree otherwise. You may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing Tools4Families from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our intellectual property rights or other rights in our Available Content or other aspects of the Service.
(d) Class Action Waiver; Jury Waiver. Where permitted under applicable law, you agree to bring claims against Tools4Families only in your individual capacity and not as a plaintiff or class member in any purported class or representative action. Unless Tools4Families agrees, no action or court of law may consolidate more than one person’s claims or otherwise preside over any form of a representative, consolidated, or class proceeding against Tools4Families. This waiver applies to class arbitration, and unless Tools4Families agrees otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action, representative action, or private attorney general action). You understand and agree that by entering into these Terms, you and Tools4Families are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind. Notwithstanding the foregoing, per Section 25, this Section 20(d) shall be deemed deleted in the event that it is illegal or unenforceable under applicable law.
(e) Severability; Survival. If any clause within this Section (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Section, and the remainder of this Section will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Section will be unenforceable, and the Dispute will be decided by a court. This Section shall survive the termination of your service with Tools4Families or its affiliates.
16. TERM AND TERMINATION. These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Service, and ending when terminated as described in this Section 16. You agree that Tools4Families, in its sole discretion, may suspend or terminate your use of the Service and may remove any User Content or other data within the Service for any reason, including, without limitation, if Tools4Families believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use, if it is in the best interest of the Tools4Families Member community, or to protect our brand. Any suspected fraudulent, abusive, or illegal activity that may be grounds for terminating your use of the Service may be referred to appropriate law enforcement authorities. Tools4Families may also, in its sole discretion and at any time, discontinue providing any or all Available Content or any other part of the Service, with or without notice. You agree that any termination of your access to the Service under any provision of these Terms of Use may be affected without prior notice and acknowledge and agree that Tools4Families may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to your account or the Service. Except for the foregoing limited circumstance, you agree that Tools4Families will not be liable to you or any third party for any termination of your access to the Service. Upon termination or your written request to Tools4Families, Tools4Families will work with you to delete your User Content.
17. CALIFORNIA CONSUMER NOTICE. Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: This Service is provided by Tools4Families. If you have a question or complaint regarding the Service, please contact Tools4Families’ customer service at info@tools4families.com. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
18. NOTICES. Except as otherwise stated in these Terms or as expressly required by law, any notice to us shall be emailed to info@tools4families.com. Any notice to you shall be given to the most current email address in your account.
19. ASSIGNMENT. These Terms are not assignable, transferable, or sublicensable by you except with Tools4Families’ prior written consent but may be assigned or transferred by us to any affiliate or subsidiary or in connection with a merger, acquisition, reorganization, sale of Tools4Families’ assets, or similar transaction.
20. ADDITIONAL TERMS. The Service is controlled and operated from the United States. Those who access or use the Service from other jurisdictions do so at their own risk and are solely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States or are a foreign person or entity blocked or denied by the United States government. The headings used in these Terms of Use are included for convenience only and will not limit or otherwise affect these Terms. If any provision of these Terms is held by any court or administrative body of competent jurisdiction to be invalid, illegal, or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality, or unenforceability will not affect the validity of the remaining provisions herein or the validity of all provisions in another jurisdiction. No joint venture, partnership, employment, or agency relationship exists between you and Tools4Families as a result of these Terms or your use of the Service. Tools4Families’ performance of these Terms is subject to existing laws and legal processes, and nothing contained in these Terms is in derogation of Tools4Families’ right to comply with law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by Tools4Families with respect to such use. These Terms constitute the entire agreement between you and Tools4Families with respect to the Service, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Tools4Families with respect to the Service. The intellectual property rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability, and general provisions shall survive any termination of these Terms.