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Newsflash:
Thursday, 29 March 2001

Terms Of Service Agreement

WholeFamily Center, Inc.

1. Description of Service. WholeFamily.com (the "Web Site") is a service offered by WholeFamily Center, Inc. and its affiliates (collectively, "WholeFamily") designed to let you and others (collectively, "Users") access and participate in a forum dedicated to family matters (the "Service"), INCLUDING SENSITIVE AND CONFIDENTIAL INFORMATION ABOUT YOURSELF OR OTHERS. WHOLEFAMILY MAKES NO WARRANTY OR REPRESENTATION REGARDING THE SECURITY STANDARDS UTILIZED TO TRANSMIT SUCH INFORMATION AND CANNOT GUARANTEE THE CONFIDENTIALITY OR INTEGRITY OF THE TRANSMISSIONS. YOU UNDERSTAND THAT YOUR COMMUNICATION WITH WHOLEFAMILY WILL BE STORED BY WHOLEFAMILY OR WHOLEFAMILY.COM FOR LATER ACCESS AND MAY BE SHARED WITH THIRD PARTIES FOR ADMNISTRATIVE, RESEARCH, AND MARKETING PURPOSES WITHOUT IDENTIFYING YOU AS THE SOURCE OF THE INFORMATION.
ALTHOUGH WHOLEFAMILY.COM UTILIZES HEALTH OR MENTAL CARE PROFESSIONALS TO RESPOND TO CERTAIN INQUIRIES, THESE PROFESSIONALS ARE NOT AND DO NOT ACT IN THE CAPACITY OF YOUR PROVIDERS, AND THE ADVICE THEY GIVE IS GENERAL. THE INFORMATION YOU AND WHOLEFAMILY SHARE WILL NOT BE PROTECTED BY APPLICABLE LAW GOVERNING PRIVILEGED RELATIONSHIPS. IF YOU REQUIRE ADVICE SPECIFIC TO YOUR SITUATION, YOU UNDERSTAND THAT YOU MUST CONSULT YOUR OWN HEALTH OR MENTAL CARE PROVIDER.


2. Password and Access to the Service. You will be assigned a password to access certain restricted areas of the Content (defined in Section 3) which you will maintain as private and confidential information. You are responsible for all use of the Service accessed through your password. You warrant that you are not a "minor" as defined by applicable law. This Service is not made available to minors under the age of 13. You acknowledge that areas accessible on or through the Web Site or Service may contain material unsuitable for a minor. If you are a parent or guardian, you agree to supervise usage of the Service by, and be fully responsible for, any minor whom you permit to use the Service, and you will defend, indemnify, and hold WholeFamily harmless from and against any and all claims, liability or expenses arising out of your minor's use of the Web Site or Service.


3. Intellectual Property Rights. All text, software (including source and object codes), visual, oral or other digital material, advice, counseling, information, data, and all other content of any description available on the Web Site or included in the Service (collectively, the "Content"), and all world-wide copyrights, trade marks, service marks, patents, patent registration rights, trade secrets, know-how, database rights, and all other rights in or relating to the Content (collectively, the "Intellectual Property") are owned by WholeFamily or its licensors. You may only use the Content, Service, or Intellectual Property or access the Web Site as expressly permitted in this Agreement and for no other purposes.


4. Grants of Licenses. (a) You irrevocably grant WholeFamily and its assigns a nonexclusive, royalty-free, world-wide and perpetual license to copy, display, disseminate, publish, translate, modify, reformat, or create derivative works from anything you publish or post on the Web Site ("your information") or to combine your information with other material. (b) WholeFamily grants you a personal, nonexclusive, nonassignable and nontransferable license to use and display the Content on any machine(s) of which you are the primary User, and to copy or download Content solely for your own non-commercial use. No other hard copy or electronic duplication, transmission, redistribution, or publication of any Content is allowed, and you may not use or include any content in any other print or electronic publication or service. You will not alter or remove any trademark, copyright or other notice from any copies of the Content. Your violation of the foregoing may result in civil and/or criminal liability. You may not sublicense, assign or transfer this license. Requests regarding use of the Service or Content for any purpose other than your personal, non-commercial use should be directed to toby@WholeFamily.com. Please direct questions regarding copyright infringement here.


5. Member Conduct. You are solely responsible for your information and warrant that you have all legal rights and licenses necessary for you to comply with Section 4(a). In connection with the Services and Content, you will not: (a) act in an unwanted or offensive manner toward another User; (b) use the Service for political, commercial or advertising purposes; (c) harm or exploit minors in any way, which includes requesting personal or other information; (d) post, submit or otherwise do anything with the Service, Content, or Web Site that is unlawful, harmful, tortious, defamatory, profane, obscene, libelous, hateful or offensive to the average User; (e) act in a racially, ethnically, or otherwise objectionable manner; (f) collect or store personal data of any other User; (g) post or reference pornographic materials (whether in visual, textual, or audio format); (h) discuss, incite or otherwise solicit illegal activity; or (i) violate or infringe upon the proprietary or other rights of any individual or third party.


6. Linking. If you operate a web site and wish to link to the Service, you may link only to the WholeFamily home page on the Web Site and not to any other portion of the Service. WholeFamily reserves the right to reject or terminate any links to the Service at any time and for any reason. WholeFamily has not reviewed every site linked to the Service and is not liable for any off-site pages or links to any other sites. Please contact us regarding linking to WholeFamily.


7. User Material and Information. (a) WholeFamily retains exclusive ownership of all data, material, or other information regarding Users of the Service, including demographic data, information about personal preferences and any other material provided by Users. No third party may use such material without WholeFamily's specific prior written consent. (b) If you are accessing the Web Site or using the Service within the boundaries of aEuropean Union member state, you agree that (i) for the purposes of the Data Protection Act(s) 1994 or 1998 (as applicable), you acknowledge that in the course of registering and using this Web Site, certain personal informaiton por data about you will be captured electronically or otherwise and transmitted to WholeFamily. You expressly agree to transfer such personal information to WholeFamily to use, store and process the personal information for the purposes of providing the service offered on this Web Site, or any affiliated web sites. (ii) for the purposes of the Data Protection Act(s) 1984 abd 1998 (as applicable), you further agree that WhooleFamily may send your personal data outside of the European Economic Area for processing. (iii) you may revoke the consents given in this subparapgraph (b) by giving notice to WholeFamily at webmaster@WholeFamily.com. In those circumstances you must exit the Web site and will have no further rights to access the Web Site or use the Service.


8. Unsolicited Materials. WholeFamily does not accept unsolicited materials or ideas for use or publication, except in connection with message boards, chat rooms and other portions of the Service specifically inviting User content. WholeFamily shall not be responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to the Service or Content.


9. Authorized Third Parties. WholeFamily reserves the right to allow third parties to provide any necessary services to WholeFamily and/or to Users to enable WholeFamily to provide the Service.


10. Indemnity. You agree to defend, indemnify and hold harmless WholeFamily, including its officers, agents, affiliates, employees, licensors, and service providers, from any and all claims, liability, and expenses, including attorneys' fees, whether in tort, contract, or otherwise, relating to or arising out of your breach of any term or warranty in this Agreement, applicable law, or any right of WholeFamily or any third party.


11. LIMITATION OF LIABILITY. WHOLEFAMILY CANNOT AND DOES NOT MONITOR ALL MATERIAL POSTED OR TRANSMITTED BY USERS OR OTHER THIRD PARTIES. WHOLEFAMILY MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY, TRUTHFULNESS, USEFULNESS, EFFECTIVENESS, RELIABILITY OR SECURITY OF THE SERVICE OR CONTENT AND ASSUMES NO LIABILITY OR RESPONSIBILITY THEREFOR. WHOLEFAMILY RESERVES THE RIGHT TO DELETE ANY OF YOUR INFORMATION OR OTHER MATERIALS THAT IT DEEMS, IN ITS SOLE DISCRETION AND REGARDLESS OF WHETHER IT VIOLATES APPLICABLE LAW, TO VIOLATE THIS AGREEMENT OR ANYBODY'S RIGHTS OR TO BE UNACCEPTABLE FOR ANY REASON. WHOLEFAMILY WILL FULLY COOPERATE WITH LAW ENFORCEMENT AUTHORITIES AND LEGAL PROCEEDINGS REQUIRING WHOLEFAMILY TO DISCLOSE THE IDENTITY OF USERS.


12. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND CONTENT ARE AVAILABLE STRICTLY ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER APPLICABLE LAW. NEITHER WHOLEFAMILY NOR ANY OF ITS LICENSORS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THE SERVICE, WEB SITE, CONTENT OR THIRD PARTY MATERIALS THEREIN INCLUDING, WITHOUT LIMITATION, RELATING TO COMPUTER VIRUSES OR YOUR USE OR INABILITY TO USE THE SERVICE OR CONTENT; ANY ERRORS, OMISSIONS OR DEFECTS IN THE SERVICE OR CONTENT; OR LOSSES FROM INTERRUPTION, TERMINATION OR FAILED OPERATION OF THE SERVICE; OR ANY BREACHES OF SECURITY WITH RESPECT TO ANY OF YOUR STORED INFORMATION.


13. Choice of Law. This Agreement shall for all purposes be governed, interpreted, construed and enforced solely and exclusively in accordance with the law of the state of DELAWARE, USA, without regard to conflicts of law provisions thereof. You agree that the courts located in DELAWARE, USA, shall constitute the sole and exclusive forum for the resolution of any and all disputes arising out of or in connection with this Agreement. You hereby consent to the jurisdiction of such courts and irrevocably waive any objections thereto, including on grounds of forum non conveniens, regardless of the location from which you access the Service.


14. Severability and Survival. If any provision of this Agreement is determined to be invalid, all other provisions shall remain in full force and effect. The provisions of Sections 3, 4, 10, 11 and 12 shall survive any termination of this Agreement.

15. Modification. WholeFamily may modify or assign this Agreement at any time. Notification of discontinuance or changes to this Agreement may be posted on the Web Site, or sent via e-mail or postal mail. Your continued use of the Service after the posting of any amendment to the Agreement shall constitute your agreement to be bound thereby. WholeFamily may modify, suspend, discontinue, delete, or restrict the use of any portion of the Content at any time without notice or liability. WholeFamily may deny access to any person or User at any time for any reason.


16. Merger. This Agreement constitutes the entire and final agreement between you and WholeFamily relating to the Service and Web Site and any modifications thereof, and supersedes all other communications and agreements with respect to its subject matter.


17. ACCEPTANCE OF TERMS. YOU UNDERSTAND THAT, IF YOU ARE DISSATISFIED WITH THE SERVICE OR CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE. YOU CONFIRM YOUR AGREEMENT TO VOLUNTARILY USE THE SERVICE AND ACCESS THE CONTENT SUBJECT TO THE TERMS AND CONDITIONS OF THIS AGREEMENT BY CLICKING THE "I ACCEPT" BUTTON BELOW.
IF YOU DO NOT AGREE TO THE TERMS STATED ABOVE, PLEASE EXIT THIS SITE.

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