TERMS OF USE

Welcome to Then Comes Family and thank you for choosing our website. The Then Comes Family website is owned by Then Comes Family, LLC. Then Comes Family is an online community focusing on parenting and family. We hope you enjoy the site. By using and/or registering for our site, you are hereby agreeing to the following terms and conditions:

ACCOUNT REGISTRATION. In order to fully access Then Comes Family (hereinafter “the site” you will be asked to create a User Account and provide certain user registration data. Your completion of an account registration will be done through the site and will be considered as your attestation that the information provided in your user registration is true and correct and that you will notify the site of any changes in your user registration information. By accessing and using this website (including any and all accessible versions on various digital platforms), you agree to be bound by the terms and provisions of this agreement. Additionally you are subject to any posted guidelines or rules applicable to such services, sub-sites, and forums (community), which may be posted and modified at our discretion. All such guidelines and rules are hereby incorporated by reference into the Terms of Use (hereafter “TOU”).

Users also agree, that by submitting the personal information associated with your registration, the site is granted permission to access the registration information to send you messages and/or notices using the email address provided upon registration.

The Site is operated by Then Comes Family, LLC from its office in the United States. The Site is directed toward adults and is not intended for use by children under the age of 13, or by any individual who is unable to form a legally binding contract in their home jurisdiction.

If you do not agree with all of the Terms of Use as set forth on this page, please do not register for or use the site. Participation in the site is voluntary. Anyone who does not agree to submit to these terms and conditions is not eligible to be a user of the site. Any use of the site, whether voluntary or automated will act as acceptance of these Terms of Use.

IF YOU DO NOT ACCEPT THESE TERMS, PLEASE EXIT THIS PAGE IMMEDIATELY.

LICENSE. If you are thirteen (13) years of age or older, we grant you a limited, revocable, nonexclusive, nonassignable, nonsublicenseable license to access the Then Comes Family website. You agree not to license, distribute, make derivative works, display, sell or “frame” content from the site. You grant the site a perpetual, irrevocable, unlimited, worldwide, fully paid/sublicensable license to use, copy, perform, display, distribute and make derivative works from the content you post.

PURPOSE OF THE SITE. Then Comes Family is an online community that provides informational and educational tools and information as well as a forum for users to communicate with one another. Only registered users will have complete access to the site.

THE CONTENT AVAILABLE VIA THE WEB SITE IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER THEN COMES FAMILY NOR ITS SUPPLIERS OR USERS ARE ENGAGED IN RENDERING MEDICAL, COUNSELING, LEGAL, OR OTHER PROFESSIONAL SERVICES OR ADVICE. SUCH CONTENT IS INTENDED SOLELY AS A GENERAL EDUCATIONAL AID. IT IS NOT INTENDED AS MEDICAL OR HEALTHCARE ADVICE, OR TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT, FOR ANY INDIVIDUAL PROBLEM. IT IS ALSO NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE AND SERVICES FROM A QUALIFIED HEALTHCARE PROVIDER FAMILIAR WITH YOUR UNIQUE FACTS. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE SITE OR THROUGH THE SERVICES. THE USE OF ANY INFORMATION PROVIDED ON THE SITES OR THROUGH THE SERVICES IS SOLELY AT YOUR OWN RISK ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER REGARDING ANY MEDICAL CONDITION AND BEFORE STARTING ANY NEW TREATMENT, MEDICAL OR OTHERWISE.

The content posted by registered users expresses the views and opinions of that user, only. Anything posted by a user does not represent the views and opinions of the site or Then Comes Family, LLC, or its owners, operators or employees.

USE & GENERAL RESTRICTIONS.Then Comes Family will be available to users who are ages thirteen (13) and older. No user account will be created for a user under the age of thirteen (13). Furthermore, if any user account is later found to be used or accessed by a user under the age of 13, the account will immediately be terminated. As a registered user of Then Comes Family you agree (1) not to use the site for any illegal purpose (2) not to post material, including photos, videos and text that is illegal (3) not to post material that you do not have the right to provide, transmit or distribute and (4) to refrain from any activity that may expose the site, its users or yourself or others to harm or liability. By using and/or registering for this website, you agree to use the site for its intended purposes only. Users will not perform any activity that will harm the systems, software of equipment of the site and/or Then Comes Family, LLC and its registered users including but not limited to hacking activities, attempts to breach security systems and inducing viruses, malware, spyware or any other harmful material. Then Comes Family is a website intended to be used for locating and sharing information about parenting and families. Any other activities will be considered to be for a purpose other than that of the site and will subject the user to termination of their account.

OWNERSHIP RIGHTS. A variety of information, advice, recommendations, letters, messages, comments, posts, text, graphics, software, music, sound, photographs, videos, data, and other materials ("Content") is available on the Web Site. All Users hereby agree that Then Comes Family, LLC owns all right, title and interest, including, all intellectual property rights, in and to the technology being used by the site. Then Comes Family, LLC will also retain the rights to Member Data collected by the site. Any rights not expressly granted herein, are reserved to Then Comes Family, LLC. You agree to abide by all copyright notices, information, or restrictions contained in any part of the site. You must not alter, delete, or conceal any copyright, trademark, patent, or other notices contained on the site, including notices on any site technology you download, transmit, display, print or reproduce from or using the site.

SITE CONTENT. Users may use the Site, and any content, for personal, non-commercial use. This TOU provides a revocable, limited, non-exclusive, royalty-free, non-transferable license to use the Site with the condition of compliance with these TOU.

Users may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium, any content from the Site unless explicitly authorized in these Terms of Use or by the owner of the content. Users may print and download materials and information from the Site solely for personal use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information.

Some of the Content displayed is provided by Then Comes Family, and other Content is provided by persons who use the Web Site ("Users"), such as User opinions and views provided via posts to chat rooms, blogs, bulletin boards, or discussion forums. While we strive to keep Content accurate, we cannot guarantee accuracy, completeness, or timeliness of any content, whether supplied by Then Comes Family or by Users, and we are not responsible for the aforementioned.

Then Comes Family has no obligation to screen, edit, or remove any Content provided by Users that is available on or through the Site. Notwithstanding, we reserve the right to edit, refuse to accept, remove, or move any Content at our sole discretion.

Nothing in this section should be construed as restricting or replacing the rights afforded to User-Submitted Content in this agreement.

USER SUBMITTED CONTENT. Then Comes Family makes no claims to ownership of User-Submitted Content (“User Content”) that you submit, post, or otherwise make available through the Site. To clarify, You continue to retain all ownership of User Content and are free to use your User Content as you desire. Because You own Your User Content, under the law, Then Comes Family requires a license from You before it can allow the User Content to be posted to the Website. For these reasons, the following provision is a necessary part of this Agreement:

BY SUBMITTING USER CONTENT TO THE SITE, YOU GRANT THEN COMES FAMILY AND ITS AFFILIATES A WORLDWIDE, NONEXCLUSIVE, PERPETUAL, FULLY SUB-LICENSABLE, ROYALTY-FREE RIGHT AND LICENSE TO THE CONTENT, INCLUDING ALTERATIONS THEREOF, FOR OUR BUSINESS PURPOSES, VIA ANY FORM WE CHOOSE. BY SUBMITITNG USER CONTENT, YOU AFFIRM THAT THE USER CONTENT POSTED FOR CUBMITTED BY YOU TO THE SITE IS ORIGINAL TO YOU AND THAT YOU HAVE THE RIGHT TO GRANT US THIS USAGE AS SET BELOW:

With respect to photos, graphics, audio, journal, or video that you submit, post or otherwise make available to public areas of the Web Site (e.g. not intended as private communication), the license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and publicly display such Works (in whole or part) worldwide via the Web Site or otherwise, and/or to incorporate it in other works in any form, media, or technology now known or later developed.

Furthermore, all user-submitted content for editorial consideration is subject to the Content Submission Policy.

THIRD PARTY CONTENT. The Site may contain links to other websites or to third party sellers of products and services, which are provided as a convenience with the understanding that your access of these third party sites is at your own risk. Any opinions, advice, statements, services, advertisements, offers or other information or content expressed or made available through the Sites by third parties, including information providers, are those of the respective authors or distributors and not Then Comes Family.

Furthermore, Then Comes Family is not responsible for, and does not endorse, the content of any such sites, or the products and services sold on them, nor do we take responsibility for the accuracy of any such sites nor their Privacy Policies, Terms of Use, or other access agreements. You may be exposed through the Third Party Sites to content that violates our policies, is sexually explicit, or may otherwise cause offense.

Then Comes Family does not make any representations or warranties with respect to any content or privacy practices, or otherwise with respect to such third parties or any items or services that may be obtained from such third parties, and you agree that We will have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third party, or as a result of the presence of such third parties on the site.

CONDUCT. As a user of the site you agree to engage in respectful conduct. Then Comes Family users must not post obscene materials, nor advertise or seek any services or goods that are prohibited by law. You agree not to harass, threaten or attempt to intimidate other users. You agree that if while using the site or engaging in transactions arising from your use of the site, you violate any of these provisions, Then Comes Family has the right to terminate your access to the site and remove all content posted by your account, including disbanding your account. Then Comes Family has full and final discretion in determining conduct that is inappropriate for this application. Then Comes Family has the right, at any time, to monitor and/or moderate the activity of individual users of this site.

In connection with your use of the Site, you acknowledge and agree that you will not:

- Circumvent, copy, reverse engineer, reverse assemble, otherwise attempt to discover the source code, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or services obtained through the Site;

- Harvest information from the site using automated or manual means on a mass basis. This includes, but is not limited to, information about other users of the site, demographics information, and information on the offerings, products, services, or promotions available on the Site;

- Access the Site by any means other than through the standard industry-accepted interfaces;

- Obtain or attempt to obtain access to areas of the Site or systems that are not intended for access by you;

- Post or transmit any material that contains a virus or corrupted data;

- Intentionally overwhelm the Site with requests or in any manner overburden or disrupt the Site or its systems;

- Delete any author attributions, legal notices or proprietary designations or labels;

- Manipulate identifiers in order to disguise the origin of information posted on the Site;

- Violate any applicable local, state, national or international law, rule or regulation or use the Sites and/or the Services for any purpose that is prohibited by these TOU;

- Manipulate or otherwise display the Site by using framing or similar navigational technology;

- Register, subscribe or unsubscribe any party for Then Comes Family service if you are not expressly authorized by such party to do so;

- Use the Site in any manner that could damage, disparage, or otherwise negatively impact Then Comes Family, our trademarks, or other intellectual property;

- Restrict or inhibit another User from using the Site; and

- Impersonate any person, including, but not limited to, other community members, moderators, site Administrators, or employees.

CONTESTS, SWEEPSTAKES & GAMES. Then Comes Family reserves the right to conduct sweepstakes, contest, give-aways, or games (collectively “contests”) on the Site, the rules governing any of the foregoing shall be accessible through a hypertext link prominently displayed on the page where the sweepstake, contest or game may be located. By participating in such contests, sweepstakes, or games, you agree to be subject to the rules and regulations, and affirm that it is legally permissible for you to participate in such events.

ACCOUNT SECURITY. Users are responsible for keeping their account information secure. You will be responsible for all activity occurring under your registered account whether or not it is performed by you. You must notify the site of any unauthorized use of your account immediately.

You are responsible for any and all activities and contact, whether by you or anyone else, authorized or unauthorized, automated or manual that are conducted through your account. You agree to notify Then Comes Family immediately of any noticed or suspected unauthorized activity or breach of password or security.

Then Comes Family is not liable for any loss or damage incurred from your failure to protect your passwords, account information, or account access.

PRIVACY. Then Comes Family’s policy with respect to the collection, storage and use of your personally identifiable information is set forth at www.thencomesfamily.com/privacy.php and is incorporated by reference into these TOU as if fully set forth herein. BY ACCESSING THE SITES AND/OR SERVICES, YOU AGREE THAT YOU ARE ACCEPTING OUR PRIVACY POLICY.

COMMUNITY GUIDELINES AND RULES OF FORUM CONDUCT. Then Comes Family’s policy with respect to the rules of conduct and Community Guidelines pertaining to our internet message board can be found at www.proboards.com/tos and is incorporated by reference into these TOU as if fully set forth herein. BY ACCESSING THE SITE AND/OR SERVICES, YOU AGREE THAT YOU ARE ACCEPTING ADHERENCE TO THE COMMUNITY GUIDELINES AND RULES OF FORUM CONDUCT.

OPTIONAL FEATURES. The Then Comes Family offers many optional features to its Users, such as chat, online forums and message boards. These features are intended to enhance the experience for our Users, however, these features are strictly optional. Users hereby agree that, if they understand and acknowledge that if they choose to utilize any of the optional features offered by the site, now, or at any time in the future, they are doing so at their own risk. Users agree that the site will not be responsible for anything related to a User’s use of any optional feature offered through the site. Users agree to refrain from enabling or utilizing any feature that they do not agree to use at their sole discretion and at their own risk.

DISCLAIMER. You agree and understand that states may have individual laws protecting its consumers and limiting the ability of consumers to waive certain rights. Then Comes Family, LLC respects and honors these laws and will not consider any right waived if such waiver is expressly prohibited by law in the user’s jurisdiction.

Users also agree that they hereby hold Then Comes Family harmless for any and all technical or software glitches, failures, service interruptions, illegal hacking activity or other unforeseen circumstances which may arise.

INDEMNITY. You agree to indemnify Then Comes Family for any and all claims arising out of your actions or use of the site, including any transactions agreed to inside the site.

RIGHT TO TERMINATION. You agree that Then Comes Family has the right to terminate your use of the site at any time and for any reason. We will notify Users whose access is terminated via email. Also, a registered user may terminate the Agreement for any or no cause, at any time, by notice, which shall be effective immediately or as specified in the notice. After termination, you shall no longer access the site. We have the right to deny access to, suspend, or otherwise terminate your access to the Site or any portions therein, and to remove any content or materials you have submitted at any time, for any reason, including for any violation by you of these Terms of Use. The provisions of this Agreement which by their intent or meaning intended to survive such termination shall continue to apply indefinitely.

RESERVATION OF RIGHTS. Then Comes Family reserves the exclusive right to make changes to the site, its platform, terms and conditions or services at any time without notice. Then Comes Family users are responsible for reviewing the Terms and Conditions on a regular basis to be advised of any changes.

FEEDBACK. Then Comes Family welcomes your feedback. Any feedback provided to Then Comes Family including but not limited to ideas, suggestions, improvements or questions will not be treated as confidential and will become the sole property of the site regardless of the nature of the information. Any information considered by a user to be his or her own intellectual property will become the intellectual property of Then Comes Family immediately upon submission. Users who submit material of any type to Then Comes Family will not be entitled to compensation of any kind. We will have the sole right to reproduce, utilize, share any feedback submitted by users. The site will also have the sole right to create derivative works based upon user feedback. User feedback may be submitted to customerservice@thencomesfamily.com.

COPYRIGHT POLICY. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by Then Comes Family infringe your copyright, you or your agent may send to Then Comes Family a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon Then Comes Family actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to Then Comes Family a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details.
Please direct all copyright inquiries to customerservice@thencomesfamily.com

INTERNATIONAL USERS. We control and operate the Site from our facilities in the United States of America, and unless otherwise specified, the materials displayed on the Site are presented solely for the purpose of promoting products and services available in the United States, its territories, possessions, and protectorates. Those who choose to access the Sites or use the Services from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. We do not represent that materials on the Site are appropriate or available for use in other locations.

WAIVER & SEVERABILITY These Terms of Use, and the relationship between you and us, will be governed by the laws of the United States and the State of Michigan, without giving effect to any principles of conflicts of law. The failure of Then Comes Family to exercise or enforce any right or provision of these TOU shall not constitute a waiver of such right or provision. If any provision of these TOU is found by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severed herefrom and shall not affect the validity and enforceability of any remaining provisions.

DISCLAIMER OF WARRANTIES. THE SITE AND ITS CONTENT AND ANY SERVICES PROVIDED THEREIN ARE PROVIDED FOR ENTERTAINMENT, EDUCATIONAL AND PROMOTIONAL PURPOSES. WE PROVIDE THE SITE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS OR IMPLIED (INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE AND NON-INFRINGEMENT).WE DO NOT MAKE ANY WARRANTY THAT THE WEBSITE WILL MEET YOUR NEEDS OR REQUIREMENTS.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING,THEN COMES FAMILLY, ITS AFFILIATES, LICENSORS, SUPPLIERS, AND AGENTS DO NOT WARRANT AND EXPRESSLY DISCLAIM THAT: (i) YOUR USE OF THE SITES AND/OR SERVICES AND ACCESS TO AND USE OF ALL OF THE TOOLS AND FEATURES THEREON WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE; (ii) THAT ANY INFORMATION OBTAINED THEREIN IS ACCURATE, RELIABLE OR COMPLETE; (iii) THAT DEFECTS WILL BE CORRECTED; OR (iv) THAT ANY SOFTWARE, SERVICES, SITES OR SERVER(S) ON WHICH THE SITES OR SERVICES ARE HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SITES AND THE SERVICES AND ANY INFORMATION OR MATERIALS PROVIDED ON OR THROUGH THE SITES AND SERVICES ARE ENTIRELY AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE PRODUCTS OR SERVICES SOLD OR ADVERTISED HEREIN OR ABOUT THE SATISFACTION OF GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS WITH REGARD TO THE CONTENT CONTAINED ON THE SITES OR THROUGH THE SERVICES. WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY TREATMENT, ACTION OR APPLICATION OF MEDICINE, MEDICATION OR THE INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH THE SITES OR THE SERVICES.WE ARE NOT RESPONSIBLE FOR ANY CONTENT OR MATERIALS POSTED TO THE SITE BY USERS, NOR FOR DISPUTES BETWEEN USERS, OR BETWEEN USERS AND THIRD PARTIES.

LIABILITY. As a registered user you hereby agree that you are solely responsible for your actions. You hereby agree that any claim, cause of action or dispute relating to the Terms and Conditions of Then Comes Family or your use of our application will be governed by the laws of the United States of America. You agree to submit personal jurisdiction to the state and federal courts of the United States of America and waive your right to remove any such claims or actions to another jurisdiction. You also agree that any claims or actions must be brought within one (1) year of the date of the incident complained of. If said claims are not brought within one year, you agree that said claims are forever and irrevocably waived by you and your heirs, agents and assigns.

LIMITATION OF LIABILITY. IF YOU ARE DISSATISFIED WITH THE SITE, OR ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE'S TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

IN NO EVENT WILL WE OR ANY OF OUR AFFILIATES, OR ANY OF OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS, BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES) ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SITE (OR THE CONTENT, MATERIALS AND FUNCTIONS PROVIDED AS PART OF THE SITE), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR STRICT LIABILITY. THESE LIMITATIONS WILL APPLY WHETHER OR NOT THEN COMES FAMILY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.