AGREEMENT TO OUR LEGAL TERMS
Welcome to GrandparentsToBe! We’re delighted to have you with us. Before you begin using our website or application, please take a few moments to review these Terms and Conditions of Use (these “Terms”).
Please also review our Community Guidelines and Privacy Policy, as they are part of these Terms.
We are GrandparentsToBe LLC (“Company,” “we,” “us,” “our“), a company registered in Florida, United States at 1000 Brickell Ave Ste 715, Miami, FL 33131.
We operate the website http://www.grandparentstobe.com (the “Site“), the mobile application GrandparentsToBe (the “App“), as well as any other related products and services that refer or link to these legal terms (the “Legal Terms“) (collectively, the “Services“).
GrandparentsToBe is a heartwarming app designed to connect generations and foster meaningful relationships. Whether you’re looking for a grandparent figure, a supportive family, or a friendly companion, GrandparentsToBe ensures that no one has to face loneliness. This innovative platform bridges the gap between younger and older generations, creating a space where wisdom meets youthful energy. Users can search for and connect with individuals who match their preferences and needs, building a network of love, support, and companionship. GrandparentsToBe is more than an app; it’s a community where every interaction helps to build a bridge between generations, enriching lives and creating lasting bonds.
We recommend conducting a background check on individuals. Please refrain from sharing personal data too quickly or prematurely. As a family app, we strongly advise you to pay close attention to your match and perform thorough personal checks.
You can contact us by email at mail@grandparentstobe.com or by mail to 1000 Brickell Ave Ste 715, Miami, FL 33131, United States.
These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you“), and GrandparentsToBe LLC, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted.
The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.
We recommend that you print a copy of these Legal Terms for your records.
1. OUR SERVICES
The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Services are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
2. RULES
Account Registration and Usage Policy
Before you proceed with creating an account on GrandparentsToBe, it is crucial to ensure that you meet the eligibility requirements for utilizing our Services. This section not only delineates the qualifications you must meet but also specifies the actions you are permitted and prohibited from undertaking while using our platform. Additionally, it details the rights and permissions you grant to GrandparentsToBe upon using our Services.
You are strictly prohibited from creating an account or using the Services unless all the following conditions are met. By utilizing our Services, you hereby represent and warrant that each of the following statements is accurate:
1. **Individual Eligibility**: You confirm that you are an individual, not a corporation, partnership, or any other business entity. You must be at least 18 years old to qualify for using our Services.
2. **Legal Capacity**: You affirm that you possess the legal capacity to enter into a binding agreement with GrandparentsToBe. This means you are legally competent to understand and agree to our terms and conditions.
3. **Geographical Restrictions**: You assert that you are not residing in or a citizen of any country that is currently under a U.S. Government embargo. Furthermore, you must not be in a country that has been designated by the U.S. Government as a “terrorist supporting” country.
4. **Compliance with Government Lists**: You guarantee that you are not listed on any U.S. Government lists of individuals prohibited from engaging in commercial transactions with the United States. This includes but is not limited to, the U.S. Treasury Department’s list of Specially Designated Nationals or any analogous lists maintained by other governmental agencies.
5. **Legal Prohibitions**: You confirm that no legal prohibitions prevent you from using our Services. This means there are no outstanding legal orders or judgments that would restrict your access to our platform.
6. **Criminal History**: You assure us that you have not committed, been convicted of, or pled no contest to any felony, indictable offense, sex crime, or any crime involving violence or threats of violence. Exceptions are made only if you have received clemency for a non-violent crime and we have reviewed and determined that you do not pose a threat to other users.
7. **Sex Offender Registry**: You affirm that you are not required to register as a sex offender with any state, federal, or local sex offender registry. This is a strict condition for maintaining the safety and integrity of our community.
8. **Account Limitations**: You acknowledge that you do not have more than one active account on our Services. This helps us maintain order and prevent fraudulent activities.
9. **Previous Removals**: You confirm that you have not been previously removed or banned from our Services or those of our affiliates. If you have been removed, you must have obtained explicit written permission from us to create a new account.
By continuing to use our Services, you are not only agreeing to adhere to these stipulations but also acknowledging that any breach of these terms can result in immediate termination of your account and access to our Services. GrandparentsToBe reserves the right to take any necessary actions to enforce these rules and ensure a safe and compliant environment for all users.
**Please be aware that we actively monitor for underage use and will terminate, suspend, or require age verification if we suspect underage activity.**
Use of Twilio Servicees for Account Verifications
By creating an account on www.GrandparentsToBe.com (hereafter “GPTB”), you agree to the use of third-party services, including Twilio, to facilitate account verification via SMS. Twilio is used solely for the purpose of verifying your account and ensuring the security of our platform. By agreeing to these Terms & Conditions, you consent to sharing your phone number with Twilio for this purpose. GPTB does not store or share your phone number beyond what is necessary for verification. For more information on how Twilio handles your data, please refer to Twilio’s Privacy Policy.
Account Creation
You have the option to create an Account through manual registration or by using your Facebook login details. If you choose to register via Facebook, you authorize us to access, display, and utilize specific information from your Facebook account (such as profile pictures, relationship status, location, and information about your Facebook friends). For comprehensive details on the information we collect and how it is used, please refer to our Privacy Policy.
Prohibition on Account Sharing
Account sharing or using another individual’s Account without explicit permission is strictly prohibited.
Account Deletion
Should you wish to delete your Account, you can do so at any time by navigating to the ‘Settings’ page and selecting the ‘Delete account’ link. Your Account will be deleted immediately, although it may take some time for all your content to be fully removed from the App. Your profile information will be managed in accordance with our Privacy Policy. If you delete your Account and subsequently create a new one with the same credentials within this period, we will reactivate your original Account.
Monitoring and Enforcement
We employ a combination of automated systems, user reports, and a dedicated team of moderators to monitor and review accounts and content for compliance with our Terms. We reserve the right to terminate or suspend any Account, restrict access to the App, or employ any operational, technological, legal, or other measures at our discretion, including blocking specific IP addresses.
For users residing in the European Union (“EU”), we will notify you if action is taken against your Account or content unless prohibited by law enforcement agencies. For all other users, we may take such action at any time without liability or prior notice. We reserve the right to terminate or suspend your Account without notice for the following reasons:
1. Violation of these Terms.
2. Inappropriate or improper conduct on the App or with other users, including offline behavior.
3. Inappropriate or improper conduct on other apps operated by our affiliates.
4. Any other reason we deem justifiable.
If your Account is terminated or suspended, you will not receive a refund for any paid services or features.
Appeal Process
If you believe an error has been made in taking action on your Account or content, you may appeal through the processes outlined within the App or by contacting us using our support form.
Additional Rights for EU and UK Users
For users residing in the EU, additional rights under the Digital Services Act include:
1. Accessing third-party out-of-court dispute settlement processes.
2. Seeking remedies from the courts in your EU member state.
3. Lodging a complaint with your local EU regulatory authority.
For users residing in the UK, you have the right under local law to bring a claim for breach of contract if you believe we have violated these Terms by removing, restricting, or limiting access to your content, or by suspending or terminating your Account.
Security and Access
Unauthorized access, tampering, or use of non-public areas of the App or our systems is strictly prohibited. Certain portions of the App may be inaccessible without an Account.
For further inquiries or assistance, please contact our support team mail@grandparentstobe.com
3. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the “Content”), as well as the trademarks, service marks, and logos contained therein (the “Marks”).
Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.
The Content and Marks are provided in or through the Services “AS IS” for your personal, non-commercial use or internal business purpose only.
Your use of our Services
Subject to your compliance with these Legal Terms, including the “PROHIBITED ACTIVITIES” section below, we grant you a non-exclusive, non-transferable, revocable license to:
- access the Services; and
- download or print a copy of any portion of the Content to which you have properly gained access.
Solely for your personal, non-commercial use or internal business purpose.
Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: mail@grandparentstobe.com. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.
We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.
Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.
Your submissions and contributions
Please review this section and the “PROHIBITED ACTIVITIES” section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.
Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services (“Submissions”), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
Contributions: The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality during which you may create, submit, post, display, transmit, publish, distribute, or broadcast content and materials to us or through the Services, including but not limited to text, writings, video, audio, photographs, music, graphics, comments, reviews, rating suggestions, personal information, or other material (“Contributions”). Any Submission that is publicly posted shall also be treated as a Contribution.
You understand that Contributions may be viewable by other users of the Services and possibly through third-party websites.
When you post Contributions, you grant us a license (including use of your name, trademarks, and logos): By posting any Contributions, you grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to: use, copy, reproduce, distribute, sell, resell, publish, broadcast, retitle, store, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), and exploit your Contributions (including, without limitation, your image, name, and voice) for any purpose, commercial, advertising, or otherwise, to prepare derivative works of, or incorporate into other works, your Contributions, and to sublicense the licenses granted in this section. Our use and distribution may occur in any media formats and through any media channels.
This license includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide.
Content uploaded by members is governed by the provisions outlined in Sections 512(c) and/or 512(d) of the Digital Millennium Copyright Act (DMCA) of 1998. For any complaints regarding member content, please refer to the Digital Millennium Copyright Act section below for further details.
You are responsible for what you post or upload: By sending us Submissions and/or posting Contributions through any part of the Services or making Contributions accessible through the Services by linking your account through the Services to any of your social networking accounts, you:
- confirm that you have read and agree with our “PROHIBITED ACTIVITIES” and will not post, send, publish, upload, or transmit through the Services any Submission nor post any Contribution that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
- to the extent permissible by applicable law, waive any and all moral rights to any such Submission and/or Contribution;
- warrant that any such Submission and/or Contributions are original to you or that you have the necessary rights and licenses to submit such Submissions and/or Contributions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions and/or Contributions; and
- warrant and represent that your Submissions and/or Contributions do not constitute confidential information.
You are solely responsible for your Submissions and/or Contributions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law.
We may remove or edit your Content: Although we have no obligation to monitor any Contributions, we shall have the right to remove or edit any Contributions at any time without notice if in our reasonable opinion we consider such Contributions harmful or in breach of these Legal Terms. If we remove or edit any such Contributions, we may also suspend or disable your account and report you to the authorities.
Copyright infringement
We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately refer to the “COPYRIGHT INFRINGEMENTS” section below.
Use of Recommender Systems
Our platform utilizes advanced matching algorithms to predict your compatibility with other users, ensuring we present individuals who are highly likely to be a good match for you. For detailed information on our use of recommender systems and the key parameters involved, please refer to our Privacy Policy.
4. USER REPRESENTATIONS
By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Legal Terms; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Services for any illegal or unauthorized purpose; and (7) your use of the Services will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
You Agree To:
– Comply with all applicable laws, including privacy, intellectual property, anti-spam, equal opportunity laws, and regulatory requirements.
– Use your real name and age in creating your Bumble account and profile.
– Use the services in a safe, inclusive, and respectful manner, adhering to our Community Guidelines.
You Agree Not To:
– Act unlawfully or disrespectfully, including being dishonest, abusive, or discriminatory.
– Misrepresent your identity, age, positions, qualifications, or affiliations.
– Disclose information without consent.
– Stalk or harass other users.
– Use the App deceptively or manipulatively, including scams, spam, inauthentic profiles, or commercial activities.
– Submit unfounded appeals, reports, notices, or complaints.
– Use software, devices, scripts, or any technology to scrape or exfiltrate data from Bumble.
Misconduct Reporting:
Report any abuse or complaints by contacting us or directly from a profile or chat using the ‘Block & Report’ link. We may investigate and terminate any user’s access to the App without prior notice if these Terms, user rights, or third-party rights are violated.
IN CERTAIN CIRCUMSTANCES, SUCH AS IN RESPONSE TO MEMBER-GENERATED OR PRESS REPORTS OF SUSPECTED MISCONDUCT, GRANDPARENTSTOBE MAY INITIATE AN INVESTIGATION TO DETERMINE WHETHER A MEMBER HAS A CRIMINAL HISTORY. DEPENDING ON THE SITUATION, THIS MAY INVOLVE SEARCHING SEX OFFENDER REGISTRIES OR OTHER PUBLIC RECORDS. IF THE INVESTIGATION REVEALS A PERSON WITH A CRIMINAL CONVICTION, GRANDPARENTSTOBE WILL UTILIZE AVAILABLE INFORMATION TO CONFIRM WHETHER THE INDIVIDUAL IDENTIFIED IS INDEED THE MEMBER IN QUESTION. FOLLOWING SUCH AN INVESTIGATION, IF THE BUMBLE GROUP REASONABLY BELIEVES THAT A MEMBER HAS BEEN CONVICTED OF SERIOUS OFFENSES SUCH AS SEXUAL ASSAULT, SEXUAL HARASSMENT, HUMAN TRAFFICKING, STALKING, KIDNAPPING, CHILD ABUSE, DOMESTIC ABUSE, MURDER, HATE CRIMES, OR TERRORISM OR VIOLENT EXTREMISM, THE COMPANY MAY TAKE STEPS TO RESTRICT THAT PERSON’S ACCESS TO THE SERVICE AND PREVENT THEM FROM COMMUNICATING WITH OTHER MEMBERS. GRANDPARENTSTOBE ALSO RESERVES THE RIGHT TO BLOCK MEMBERS FOR OTHER OFFENSES, VIOLATIONS OF TERMS, OR OTHER REASONS AT ITS SOLE DISCRETION. IT SHOULD BE NOTED THAT CRIMINAL BACKGROUND CHECKS, WHEN CONDUCTED, ARE NOT REGULARLY UPDATED. FURTHERMORE, WHILE SOME MEMBERS MAY BE SUBJECT TO SUCH CHECKS, THE SYSTEM IS NOT INFALLIBLE, AND MOST MEMBERS WILL NOT UNDERGO A CRIMINAL HISTORY CHECK. THESE INVESTIGATIONS MAY CREATE A FALSE SENSE OF SECURITY. CRIMINALS CAN AVOID EVEN THE MOST ADVANCED SEARCH TECHNOLOGIES. NOT ALL STATES HAVE PUBLIC CRIMINAL RECORDS, AND NOT ALL DATABASES ARE CURRENT. CHECKS INCLUDE ONLY PUBLICLY AVAILABLE CONVICTIONS AND DO NOT COVER OTHER TYPES OF CONVICTIONS, ARRESTS, OR FOREIGN CONVICTIONS.
User Interactions:
We do not control user actions or content; you are solely responsible for your interactions with other users.
5. USER REGISTRATION
You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
No Criminal Background or Identity Verification Checks
GrandparentsToBe does not perform criminal background or identity verification checks on its users. Although we strive to promote a respectful user experience, we are not responsible for the behavior of any user on or off the platform. It is important to use your best judgment and follow our Safety Tips when interacting with others.
You understand that GrandparentsToBe does not verify users’ criminal backgrounds or identities and makes no guarantees about users’ conduct, identity, health, physical condition, intentions, or legitimacy. GrandparentsToBe reserves the right to conduct criminal background checks or other screenings (such as sex offender registry searches) using public records at any time. By using our service, you authorize us to use any information you provide for these purposes. If we conduct any screenings through a consumer reporting agency, you consent to us obtaining and using a consumer report about you to determine your eligibility under these terms.
You are solely responsible for your interactions with other users. We cannot and do not guarantee your safety and are not a substitute for following our Safety Tips and other sensible safety precautions. Always use your best judgment and take appropriate safety measures when communicating with or meeting new people. Communications received through our service, including automatic notifications, may come from users engaging in improper activities such as fraud, abuse, or harassment.
While GrandparentsToBe aims to encourage a respectful user experience, we cannot be held accountable for the conduct of any user on or off the service. You agree to use caution in all interactions with other users, especially if you choose to communicate off the platform or meet in person.
6. SUBSCRIPTIONS/PAYMENT TERMS
GrandparentsToBe offers services through automatically-renewing subscriptions, including one-month subscriptions or annual subscriptions -“Gold Services”-. If you purchase a subscription, it will renew at the end of each period unless you cancel it beforehand. The renewal will be charged at the current rate for such subscriptions.
To avoid being charged for a new period, you must cancel your subscription as outlined below before the current subscription period ends. Please note that deleting your account or the app from your device does not cancel your subscription.
You will be notified of any changes in the pricing of the services you have subscribed to and will have the opportunity to cancel if desired. If GrandparentsToBe adjusts its prices and you do not cancel, you agree to be charged at the updated rates.
Subscription Management and Cancellation Policy
If you purchased a subscription directly from GrandparentsToBe, you can cancel or change your payment method through the payment settings option in your profile. For subscriptions obtained via Third Party Stores such as the Apple App Store or the Google Play Store, you must access your account with the respective store and follow their instructions to change or cancel your subscription.
Upon canceling your subscription, you can continue using it until the end of the current billing period. However, please note the following:
1. You will not be eligible for a prorated refund, except as outlined in the “Refunds” section below.
2. Your subscription will not renew after the current period ends.
3. You will lose access to Premium Services or In-App Purchases enabled by your subscription once the period expires
Cancellation
You can cancel your subscription at any time by logging into your account. Your cancellation will take effect at the end of the current paid term. Canceling your subscription does not delete your profile from our services, as our services can be used without a subscription.
If you have any questions or are unsatisfied with our Services, please email us at mail@grandparentstobe.com.
Billing and Renewal
Your subscription will continue and automatically renew unless canceled. You consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order. The length of your billing cycle is monthly or annual.
Fee Changes
We may, from time to time, make changes to the subscription fee and will communicate any price changes to you in accordance with applicable law.
Additionally, we regularly test new features and payment options. GrandparentsToBe reserves the right, without prior notice, to:
- Limit the quantity or discontinue any product, feature, service, or offer.
- Impose conditions on the honoring of any coupon, discount, offer, or promotion.
- Restrict any user from making transactions.
- Refuse to provide any user with any product, service, or offer, or honor any offer.
Requesting a Refund
To cancel your subscription and request a refund, please follow the appropriate steps based on your subscription method:
Apple ID Subscriptions: If you subscribed using your Apple ID, refunds are managed by Apple. GrandparentsToBe does not handle these refunds.
To request a refund:
- Go to iTunes and click on your Apple ID.
- Select “Purchase History.”
- Locate the transaction and click “Report Problem.”
- Alternatively, you can submit a request through Apple Support.
Other Purchases: For all other purchases, please contact our customer support team mail@grandparentstobe.com and provide your order number. You can find the order number in your order confirmation email or, if you purchased from the Google Play Store, by logging into Google Wallet.
7. PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
- Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
- Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
- Use any information obtained from the Services in order to harass, abuse, or harm another person.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Use the Services in a manner inconsistent with any applicable laws or regulations.
- Engage in unauthorized framing of or linking to the Services.
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Delete the copyright or other proprietary rights notice from any Content.
- Attempt to impersonate another user or person or use the username of another user.
- Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
- Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
- Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
- Copy or adapt the Services’ software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
- Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
- Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software.
- Use a buying agent or purchasing agent to make purchases on the Services.
- Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
- Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.
- Sell or otherwise transfer your profile.
- Use the Services to advertise or offer to sell goods and services.
- This is not a dating app
8. USER GENERATED CONTRIBUTIONS
The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Services and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
- The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
- You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Legal Terms.
- Respect for Third-Party Rights: The content must respect all third-party rights, including but not limited to intellectual property rights (such as copyrights, trademarks, and patents) and privacy rights. This includes ensuring that any use of third-party material is appropriately licensed or otherwise permitted.
- Legality: The content must not encourage, promote, or incite any form of illegal activity, whether directly or indirectly.
- You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Legal Terms.
- Protection of Minors: The content must be appropriate and safe for minors, avoiding any material that could be deemed harmful or inappropriate for children.
- Your Contributions are not false, inaccurate, or misleading.
- Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
- Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
- Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
- Consent for Depictions: The content must not depict individuals without their explicit consent. This includes any images, videos, or other representations that could be used to identify a person, ensuring their privacy and consent are respected.
- Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
- Your Contributions do not violate any applicable law, regulation, or rule.
- Your Contributions do not violate the privacy or publicity rights of any third party.
- Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
- Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
- Discrimination and Bigotry: The content must not be discriminatory or promote any form of racism, sexism, hatred, or bigotry. This includes any material that could incite discrimination or prejudice against individuals or groups based on race, gender, religion, sexual orientation, or other characteristics.
- Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms, or any applicable law or regulation.
Any use of the Services in violation of the foregoing violates these Legal Terms and may result in, among other things, termination or suspension of your rights to use the Services.
9. CONTRIBUTION LICENSE
By posting your Contributions to any part of the Services or making Contributions accessible to the Services by linking your account from the Services to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Services. You are solely responsible for your Contributions to the Services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Services; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
10. GUIDELINES FOR REVIEWS
We may provide you areas on the Services to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hateful language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to review.
11. MOBILE APPLICATION LICENSE
Use License
If you access the Services via the App, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on wireless electronic devices owned or controlled by you, and to access and use the App on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Legal Terms. You shall not: (1) except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the App; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the App; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the App; (5) use the App for any revenue-generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the App available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the App for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the App; (8) use the App to send automated queries to any website or to send any unsolicited commercial email; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the App.
Apple and Android Devices
The following terms apply when you use the App obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the Services: (1) the license granted to you for our App is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) we are responsible for providing any maintenance and support services with respect to the App as specified in the terms and conditions of this mobile application license contained in these Legal Terms or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the App; (3) in the event of any failure of the App to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the App, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the App; (4) you represent and warrant that (i) you are not located in a country that is subject to a US government embargo, or that has been designated by the US government as a “terrorist supporting” country and (ii) you are not listed on any US government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the App, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the App; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Legal Terms, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Legal Terms against you as a third-party beneficiary thereof.
12. SOCIAL MEDIA
As part of the functionality of the Services, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the Services; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Services via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Services. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Services. You will have the ability to disable the connection between your account on the Services and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Services. You can deactivate the connection between the Services and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.
13. THIRD-PARTY WEBSITES AND CONTENT
The Services may contain (or you may be sent via the Site or App) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Legal Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services or relating to any applications you use or install from the Services. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us blameless from any harm caused by your purchase of such products or services. Additionally, you shall hold us blameless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
14. ADVERTISERS
We allow advertisers to display their advertisements and other information in certain areas of the Services, such as sidebar advertisements or banner advertisements. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.
15. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.
16. PRIVACY POLICY
We care about data privacy and security. Please review our Privacy Policy: http://www.grandparentstobe.com/policy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please be advised the Services are hosted in the United States. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Services, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.
17. COPYRIGHT INFRINGEMENTS
We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Services infringes your copyright, you should consider first contacting an attorney.
18. TERM AND TERMINATION
These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
19. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.
We acknowledge that our Terms are exceptional, but occasional revisions may be necessary.
GrandparentsToBe reserves the right to modify, amend, or alter these Terms at any time (a “Change”). Should this occur, the Changes will be posted on this page, with the Effective Date of the updates indicated at the bottom of the Terms. In some cases, we may notify you of a Change via email. Additionally, we might request your agreement to our Changes, and we will inform you accordingly. To stay informed, we recommend regularly checking this page for any updates.
By continuing to use GrandparentsToBe after any Change, you are accepting the revised Terms and will be legally bound by them. If you do not agree with any Changes, you should discontinue your use of GrandparentsToBe immediately (though we understand that this might be difficult).
20. GOVERNING LAW
These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the State of Florida applicable to agreements made and to be entirely performed within the State of Florida, without regard to its conflict of law principles.
21. DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
Binding Arbitration
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the American Arbitration Association (AAA) website. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Miami, Florida. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Miami, Florida, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non convenience with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Legal Terms.
If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
22. CORRECTIONS
There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.
23. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES’ CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION 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 ANY 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.
24. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
25. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Services; (3) breach of these Legal Terms; (4) any breach of your representations and warranties set forth in these Legal Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
26. USER DATA
We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
27. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction, which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
28. CALIFORNIA USERS AND RESIDENTS
If you are a California subscriber, you may cancel your subscription and request a refund at any time before midnight of the third business day following your subscription date.
- If you subscribed using your Apple ID, refunds are managed by Apple. Please visit Apple Support for assistance.
- If you subscribed through the Google Play Store or directly through GrandparentsToBe, please contact our customer support team for help with your refund request.
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
29. MISCELLANEOUS
These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.
30. CONTACT US
In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:
GrandparentsToBe LLC
1000 Brickell Ave Ste 715
Miami, FL 33131
United States mail@grandparentstobe.com