Family Source Terms of Service

Introduction

Welcome to the Family Source web site (a "Service"), provided to you by InteliMark Enterprises, LLC. ("InteliMark"). These Terms of Service govern your use of this site and its Services. Your use of this site and our Services constitutes acceptance of these Terms of Service and creates a binding legal agreement, so please read them carefully. InteliMark may change these Terms from time to time, so please check back periodically.

DISCLAIMER OF WARRANTY AND LIMITATIONS OF LIABILITY

A) DISCLAIMER OF WARRANTY: THIS SITE AND ALL PRODUCTS AND SERVICES PROVIDED THROUGH IT ARE PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER. INTELIMARK CANNOT IN ANY WAY BE HELD RESPONSIBLE FOR THE ACCURACY OR TRUTHFULNESS OF ANY OF THE INFORMATION PROVIDED IN ANY LINK OR LISTING. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. TO THE FULLEST EXTENT PERMITTED BY LAW, INTELIMARK DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SITE.

B) NO ENDORSEMENT OF CONTENT: YOU, THE USER ACKNOWLEDGE AND AGREE THAT INTELIMARK DOES NOT ENDORSE THE CONTENT OF ANY MEMBER AND IS NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT, EVEN THOUGH IT MAY BE UNLAWFUL, HARASSING, LIBELOUS, PRIVACY INVADING, ABUSIVE, THREATENING, DISCRIMINATORY, HARMFUL, VULGAR, OBSCENE, OR OTHERWISE OBJECTIONABLE, OR THAT IT INFRINGES OR MAY INFRINGE THE INTELLECTUAL PROPERTY OR OTHER RIGHTS OF ANOTHER. YOU ACKNOWLEDGE THAT INTELIMARK DOES NOT PRE-SCREEN ALL CONTENT, BUT THAT INTELIMARK AND ITS DESIGNEES WILL HAVE THE RIGHT (BUT NOT THE OBLIGATION) IN THEIR SOLE DISCRETION TO REFUSE, EDIT, MOVE OR REMOVE ANY CONTENT THAT IS PUBLICLY AVAILABLE VIA THE SERVICE.

C) LIMITATION OF LIABILITY: YOU, THE USER ACKNOWLEDGE AND AGREE THAT INTELIMARK WILL NOT BE LIABLE FOR ANY HARMS, WHICH LAWYERS AND COURTS OFTEN CALL DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF INTELIMARK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) THE DOWNLOAD OR UPLOAD OF ANY MATERIAL THROUGH AN INTELIMARK SITE (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA OR TRANSMISSIONS; (v) STATEMENTS OR CONDUCT OF ANYONE USING THE SITE OR ON THE SERVICE; OR (vi) ANY OTHER MATTER RELATING TO THE SERVICE. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

D) INDEMNIFICATION: YOU AGREE TO PROTECT AND FULLY COMPENSATE INTELIMARK AND ITS SERVICE PROVIDERS FROM ANY AND ALL THIRD-PARTY CLAIMS, LIABILITY, DAMAGES, EXPENSES AND COSTS (INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEYS FEES) ARISING FROM YOUR USE OF THE SERVICES, YOUR VIOLATION OF THE TERMS OR YOUR INFRINGEMENT OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANYONE.

Acceptance of General Terms

By using the Family Source web site, you acknowledge that you are bound by the terms and conditions set forth herein. All legal issues arising from or related to the use of this site or Family Source's services shall be construed in accordance with the laws of the State of California without regard to conflicts of law principles. These Terms of Service constitute the entire agreement between you and InteliMark and its subsidiary, Family Source with respect to the use of this site and any Family Source services. InteliMark's failure to enforce any right or provision in these Terms of Service shall not constitute a waiver of such right or provision or of any other rights or provisions in these Terms of Service. If a court should find that one or more rights or provisions set forth in these Terms of Service are invalid, you agree that the remainder of the Terms of Service shall be enforceable and that the invalid provision shall be enforceable to the fullest extent permitted by law.