Last Update: March 1, 2019
Welcome to Families Are Forever, (“FAF”) and its website, provided and maintained by Families Are Forever, Inc., ( “FAF”, or “Company,” or “We,” or “Us,” or “Our”), a not-for-profit international orphan care ministry and adoption organization, that provides a service that prepares families for international adoption through Our Hague compliant, interactive, educational courses, content, tools and training (“Services”) through Our Website located at www.familiesareforever.org (“Website” or “Site”). Our Services help give families what they need to become loving advocates for their adoptive children.
FAF’s Services provides You and/or Your family interactive, educational courses, content, tools and training through Our Website located at www.familiesareforever.org, to better prepare You and Your family for the international adoption process. Our Services include, both FAF created mandatory user training courses, FAF authored material, content, articles, videos and resources. Our Services also include free training, tools, services, videos and content authored and licensed to Us from other trusted sources that We believe are helpful in the entire adoption process.
a. FAF Services
i. Training. FAF provides Hague standard accredited, sequential, and relevant training courses (“FAF Training Courses”) for each phase of Your adoption journey. After enrolling, each time You log in, Your Training Courses will continue from where You last left off. Following completion of each course, You will receive Your training certificates (“Training Certificates”).
ii. Mandatory Training Phases. There are two phases to the mandatory training courses (“Mandatory Training Courses”). Phase 1 consists of eight (8) separate classes for a total of eighteen (18) hours. Phase 2 consists of eight (8) classes for a total of twenty (20) hours. Completion of both Phases may be mandatory depending on the agency requirements.
iii. Completion. Users are required to complete FAF Training Courses and receive all Training Certificates in order to become an eligible member of FAF. However, completion of the FAF Training Courses is not required for users that have previously successfully completed the FAF Training Courses and/or completed an approved third party training course before registering and using the FAF Site and Services.
iv. Content/Articles. FAF may provide You with additional content, articles and material to provide You with more information about the training and adoption process.
v. Language. FAF Services are provided primarily in English.
b. Non-FAF Services
i. Training. Non-FAF training courses (“Non-FAF Training Courses”) are made available on the Site, but FAF does not guarantee the accreditation, results and/or success of those courses. Non-FAF Training Courses may include, without limitation, training videos, articles and content from other organizations such as Texas Christian University (TCU) and/or Karyn Purvis Institute of Child Development (KPICD), that implement the Trust-Based Relational Intervention (TBRI) training method. FAF is not liable for the content accuracy, availability and success of all Non-FAF Training Courses and services provided through Our Site.
ii. Completion. Completion of the Non-FAF Services is not mandatory for Use of FAF Services, and does not guarantee receipt of any Training Certificates.
vi. Content/Articles. Non FAF Services may include additional content, articles and material licensed by Us to provide Our Users with more information about the training and adoption process.
In order to use the FAF Services, Users represent that they are (1) over the age of eighteen (18); and (2) have read, understood, and agree to be bound by the Terms, regardless of the device or platform by which You access any of the FAF Services. If You do not agree to the Terms or are under the age of eighteen (18), You may not use the FAF Services.
b. User Types
You may sign up and use the FAF Services if You are one of the following Users Types:
i. Prospective Adoptive Parents. You have not yet enrolled with an adoption agency but are looking for more information on the adoption process.
ii. Adoptive Parents. You have enrolled, been verified and signed an agreement with an adoption agency and You have begun the adoption process but have not yet completed the adoption process.
iii. Post Adoption Parents. You have successfully completed the adoption process through an adoption agency.
In order to complete the Mandatory Training Phases, get access to the FAF Services, and become a verified user, You agree to pay the fees set forth on the Site at the time of registration (“Training Fees”). Except as otherwise expressly stated on the Site: (a) All proceeds go to FAF. (b) Training Fees for Phase 1 must be paid in full before gaining access to the FAF Services. (c) The Training Fees for Phase 2 may be paid individually per class at the then current stated rate or by package(s) in the stated amount. Additional material and resources are provided for free on the Site, unless stated otherwise. Once You have completed either phase of the Mandatory Training Phases, You will be able to access these courses at anytime and indefinitely, unless Your Account is terminated for whatever reason.
b. Payment Gateway
There are no refunds for Training Fees or other payments made on or through the FAF Site. You may terminate Your Account with FAF at any time and for any reason, however, You will not receive a full refund or pro-rata refund for any Training Fees paid. If there was a mistake with Your merchant account with Our Third Party Payment Gateway, all account and refund inquiries and request shall be made through the Third Party Gateway used during the time of the payment or Training Fee.
By using the FAF Services, You agree to the following: When You register and create an account to use the Services, You agree: (a) to submit a valid e-mail address and password to create Your account (“Account”); (b) to submit accurate information, including but not limited to Your location, phone number, and email address if requested, on Your account; (c) to keep confidential, all aspects of Your Account including Your user name and password, and content associated with and within it; (d) that You are responsible for any and all uses of Your Account, whether or not You’ve authorized such use; (e) to keep confidential all aspects of other Users’ Account information that You may have authorized access to; (f) to immediately notify Us in writing of any unauthorized use of Your Account; and (g) that You will not use the Site and/or Services for any unlawful or otherwise prohibited activity. The information required to create an Account may vary depending on the types of user, location, and adoption agency membership or non-membership.
You shall not voluntarily share or disclose Your Account password to anyone outside of Your direct control and supervision, and You shall notify Us immediately of any actual or perceived unauthorized use of Your Account, or if You suspect that Your Account password has been stolen. You are responsible for all activities that occur under Your Account, whether or not You know about them. You shall not authorize any other person or entity to use Your Account User ID and password, unless they are an authorized person or agent. You are solely responsible for preventing unauthorized use of Your account, and for the activities that take place on Your Account under any unauthorized use. If you become aware of any unauthorized activity please notify Us immediately by emailing us at email@example.com We are not liable for any misuse of Your account, and the sensitive information within, by an unauthorized party, unless the unauthorized use arises directly from Our gross negligence.
In connection with Your use of the Services, We may send You service announcements, administrative messages, notifications, offers, promotions, affiliate information and other important information. You may opt out of some of those communications by clicking the “unsubscribe” button on the bottom of all emails sent from FAF to You.
1. Content and User Content
For purposes of these Terms: (i) “Content” means any text, software, scripts, graphics, photos, sounds, music, videos, logos, audiovisual combinations, interactive features and other materials You may view on, access through, or contribute to the Site and/or Services, and (ii) “User Content” means any Content or data that Account holders (including You) provide to be made available through the FAF Services, including without limitation, user names, passwords, and email addresses.
a. We reserve the right to cancel a User Account at any time for any reason in Our sole discretion. User Accounts may be canceled for several reasons, including but not limited to:
i. Submitting any unlawful, harassing, libelous, abusive, threatening, harmful, bigoted, racially offensive, obscene, or otherwise objectionable User Content;
ii. Any sexually explicit User Content;
iii. Language or User conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law or regulation;
iv. Posting any unsolicited or unauthorized advertising, “spam,” or junk mail, including “chain letters” and “pyramid schemes”;
v. Submitting any User Content that is alleged to infringe any patent, trademark, trade secret, copyright, or other proprietary right;
vi. Uploading a virus or User Content designed to disrupt, limit, or damage any functionality of any computer software, hardware or server;
vii. If We in Our judgment and sole discretion deem it appropriate.
viii. If We discontinue offering these Services.
a. Unless You have Our express written consent, You shall not, and will not attempt to:
i. Use the FAF Services to submit, store, transmit, or process malicious code, worms or viruses;
ii. Use the FAF Services to submit, store, transmit, or process User Content that is or may be: (a) threatening, harassing, degrading, hateful or intimidating; (b) libelous or defamatory; (c) fraudulent, tortious or unlawful; (d) obscene, indecent, pornographic or otherwise objectionable; or (e) infringing of any person’s rights, any applicable laws, or Your obligations to any third party;
iii. Use the FAF Services to submit, store, transmit or process User Content that would give rise to criminal or civil liability or that encourages unlawful activity;
iv. Gain unauthorized access to the FAF Services, or to Our systems or networks;
v. Interfere with or disrupt the integrity or performance of the FAF Services, or third-party content contained therein;
vi. Impersonate any person or entity or misrepresent Your affiliation with any person or entity in connection with the FAF Services;
vii. Reverse engineer, disassemble, or decompile the FAF Services or apply any other process or procedure to derive the source code of any software included in the FAF Services;
viii. Copy, reproduce, alter, create derivative works, sell, license, sublicense, rent, lease, transfer, duplicate, publish, display any Services, Intellectual Property, logos and trademarks, trade dress, found on the Site;
ix. Unless otherwise provided, remove any copyright, trademark, or other proprietary rights notice from the FAF Services.
a. We take the rights of others very seriously. If You have any concerns that User Content is improper or infringing, please contact Us at firstname.lastname@example.org and if You would like the User Content removed, please provide Us with:
i. A detailed description of the objectionable content, including where it is located;
ii. A statement that You have a good faith belief that the poster does not have permission to use the said objectionable content;
iii. A statement that You are the owner, or exclusive agent of the owner, of the objectionable content;
iv. Your contact information, including telephone number and physical address, and;
A signed and sworn statement, under penalty of perjury, that Your statements above are true to Your knowledge.
This Agreement shall remain in effect until You terminate Your Account and cease to use the FAF Services and/or Site, or until We cancel Your Account for whatever reason (“Term”).
You may stop using Our Services at any time and for whatever reason, and FAF may also stop providing Services to You, or add or create new limits to Our Services at any time, with written notification to You (“Termination”).
c. In the Event of Termination
a. Using FAF Services and/or the Site does not give You ownership of any intellectual property rights in Our Services and/or Site, or the content You access. You shall not use content from Our Services and/or Site unless You obtain explicit written permission from Us or the rightful owner or are otherwise permitted by law. These terms do not grant You the right to use any branding, trademarks, trade dress or logos used in Our Services and/or Site without Our written permission. You shall not remove, obscure, or alter any legal notices displayed in or along with Our Services and/or Site.
a. In return for the Training Fees, FAF gives You a limited, perpetual, worldwide, non-assignable and non-exclusive license to use the Services provided to You by FAF, including videos, content, articles, materials, tools and resources (“Limited License”). This Limited License is for the sole purpose of enabling You to use the Services as provided by FAF, in the manner permitted by this Agreement. You may not copy, modify, distribute, sell, or lease any part of Our Services or included materials, nor may You reverse engineer or attempt to extract the source code of any Services or materials found on or through the Site. There is no transfer of ownership of the Content from Us to You, at any time. You are granted no right or license in any of Our trademarks unless otherwise provided in this Agreement. You agree that You will not download any Content unless that specific Content is accompanied by a “download” or similar link. We authorize You, subject to these Terms, to access and use the FAF Services solely for educational purposes. Any other use of the Site and/or Our Services is expressly prohibited.
a. We may suspend or stop providing Our Services to You if You do not comply with Our or applicable third party affiliates and/or partners’ terms or policies. In order to enhance Your experience, We may display and use some content and services that are not owned or operated by FAFA (“Affiliate Content and Services”). This Affiliate Content and Services are solely responsible for the content and service it provides to You. We are under no obligation to ensure that those Affiliate Content and Services work error-free, are accurate and are up-to-date. We may (but are not obligated to) review content to determine whether it is illegal or violates Our policies, and We may remove or refuse to display the Affiliate Content and Services that We reasonably believe violates Our Terms or the law.
c. FAF does not endorse any third party affiliate made available on or through Our Site and/or Services.
a. USE OF FAF SERVICES IS AT YOUR SOLE RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS THAT RESULTS FROM SUCH USE. THE FAF SERVICES ARE PROVIDED ON AN “AS IS” BASIS. WE AND OUR LICENSORS, AFFILIATES, PARTNERS, THIRD PARTY AFFILAITES, IF ANY, EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTY AS TO THE PERFORMANCE OF ANY THIRD PARTY, INCLUDING ANY VENDOR. NEITHER WE NOR ANY OF OUR LICENSORS MAKE ANY WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. NEITHER WE, NOR ANY OF OUR LICENSORS, MAKES ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE, OR THAT DEFECTS IN THE SERVICE IN WHOLE OR IN PART, INCLUDING SOFTWARE, WILL BE CORRECTED. FAF MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF FAF SERVICES’ CONTENT OR THE CONTENT OF ANY SITES LINKED TO FAF SERVICES’ AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. FAF DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. IMPORTANTLY YOU ARE SOLELY RESPONSIBLE FOR THE SAFEKEEPING OF ANY DIGITAL CURRENCY OR WALLET CREATED ON OR USED IN CONJUNCTION WITH THE SERVICES. WE DO NOT STORE OR PROTECT YOUR PAYMENT INFORMATION OR ONLINE WALLETS AND WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY LOST OR THEFT OF YOUR PAYMENT INFORMATION FOR ANY REASON.SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
a. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE FAF’S SERVICES AND/OR SITE, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF DATA OF ANY KIND, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE SHALL NOT BE LIABLE FOR DAMAGES OF ANY TYPE, WHETHER DIRECT OR INDIRECT, ARISING OUT OF OR IN ANY WAY RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES ALLEGEDLY ARISING FROM THE COMPROMISE OR LOSS OF YOUR LOGIN CREDENTIALS OR FUNDS, OR LOSS OF OR INABILITY TO RESTORE ACCESS FROM YOUR BACKUP PHRASE, OR FOR MISTAKES, OMISSIONS, INTERRUPTIONS, DELAYS, DEFECTS AND/OR ERRORS IN THE TRANSMISSION OF TRANSACTIONS OR MESSAGES TO THE NETWORK OR SERVER, OR THE FAILURE OF ANY MESSAGE TO SENT OR TO BE RECEIVED BY THE INTENDED RECIPIENT IN THE INTENDED FORM. FURTHER, WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY THIRD PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN ANY EVENT, THE MAXIMUM LIABILITY OF US TO YOU SHALL NOT EXCEED THE NET AMOUNT OF FEES PAID BY YOU THROUGH THE SERVICE DURING THE THREE-MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF YOUR CLAIM.
b. USERS MAY NOT INVOLVE US OR ANY OTHER INDEMNIFIED PARTY IN ANY DISPUTE, INCLUDING LITIGATION, ARISING OUT OF OR RELATED TO ANY TRANSACTION, AGREEMENT, OR ARRANGEMENT YOU MAY HAVE WITH ANY OTHER USER, RETAILER, OR OTHER THIRD PARTY ARISING OUT OF OR IN ANY WAY RELATED TO THE FAF SERVICES (“DISPUTE”). IF YOU ATTEMPT TO DO SO YOU SHALL: (I) PAY ALL COSTS AND REASONABLE ATTORNEYS’ FEES INCURRED IN CONNECTION THEREWITH BY US, ANY OF OUR AFFILIATES, OR ANY OF THEIR RESPECTIVE EMPLOYEES, AND YOU SHALL INDEMNIFY AND HOLD HARMLESS THE INDEMNIFIED PARTIES FROM ALL LOSSES INCURRED BY ANY OF THEM AS A RESULT, AND (II) THE JURISDICTION FOR ANY SUCH DISPUTE SHALL BE LIMITED TO THE JURISDICTION SET FORTH ABOVE.
a. By using the FAF Services, You acknowledge that damages may be an inadequate remedy if You or anyone under Your direction or control breaches or threatens to breach any Terms, and that any such breach may cause Us significant and irreparable injury and damage. Accordingly, You acknowledge that We shall be entitled, without waiving any additional rights or remedies otherwise available to it at law or in equity or by statute, to seek injunctive relief in such event without the necessity of posting a bond.
a. The Terms are governed in all respects by the laws of the State of Washington. If You and/or we have any dispute which cannot be amicably settled, it shall be settled by submission to the State and Federal courts in Washington, and You hereby consent to the exclusive personal jurisdiction of such courts (“Jurisdiction”).
a. If any provision of any Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining Terms shall be enforced, with the invalid or unenforceable provision deemed modified to the least extent necessary to make it valid and enforceable while encompassing the intent of the Terms. Any failure to act on Our part with respect to a breach of any Term does not waive our right to act with respect to a continuing, subsequent, or similar breach.
a. You may not assign or transfer Your rights under the Terms, and any attempt to the contrary shall be void and of no effect. We may transfer our rights under this agreement in the event of a business consolidation or transfer. The Terms shall inure to the benefit of and be binding upon your and our respective successors and assigns.
Any notice required or given to You under the Terms may be delivered by electronic mail at the e-mail address You provide during registration on the Services or Site, or on Your Account. All notice sent to Us shall be sent to: email@example.com