As a condition of your use of this Site, you agree and represent that:
If you elect to create an account:
We reserve the right to suspend, deactivate, replace or delete user accounts, names, passwords and any User Content (as defined below) at any time for any reason.
This Site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Site are protected by copyright, trademark, and other intellectual property laws of the United States. First My Family owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, distribute, publish, transmit, publicly display, publicly perform, participate in the transfer or sale, create derivative works, or in any way exploit any of the content on the Site as described above, in whole or in part. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of First My Family or the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, you will make independent attribution and/or make no changes in or deletion of any author attribution, trademark legend or copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Any violation of these restrictions may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and/or criminal penalties.
You will not upload, post or otherwise make available on this Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. First My Family does not have any express burden or responsibility to provide you with indications, markings or anything else that may aid you in determining whether the material in question is copyrighted or trademarked. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission.
"First My Family ", the First My Family logos, and variations thereof found on the Site are intellectual property owned by First My Family and all use of these marks inures to the benefit of First My Family. Other marks on the site not owned by First My Family may be under license from the trademark owner thereof, in which case such license is for the exclusive benefit and use of First My Family unless otherwise stated, or may be the property of their respective owners. You may not use First My Family’s name, logos, trademarks, or brands without First My Family’s express permission.
We grant you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with our express written consent. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) without our express written consent. You may not use any meta tags or any other "hidden text" utilizing our name or trademarks without our express written consent. Any unauthorized use terminates our permission or license.
First My Family retains the right at our sole discretion to deny service, or access to the Site or an account to anyone, at any time and for any reason. You acknowledge that there may be interruptions in service or events that are beyond our control. While we use reasonable efforts to keep the Site accessible, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of our control Site access may be interrupted, suspended or terminated.
Visitors may submit reviews, suggestions, ideas, comments, questions, or other information (“User Content”), so long as the User Content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead to the origin of the User Content. We reserve the right (but not the obligation) to remove or edit such User Content, or disable your right to post User Content.
If you do post User Content, and unless we indicate otherwise, you grant us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant us and our sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify us for all claims resulting from content you supply. We have the right but not the obligation to monitor and edit or remove any activity or content. We take no responsibility and assume no liability for any content posted by you or any third party. You understand and agree that all User Content are public and not private. Any and all User Content you post to the Site are not confidential. Any other person (whether or not a user of First My Family’s services) may read your User Content without your knowledge. Please do not include any personal information in your User Content that you do not wish to be publicly disclosed. First My Family is not responsible for the use or disclosure of any personal information that you voluntarily disclose in connection with the Statements
Our Site is private property. All interactions on this Site must be lawful and must comply with these Terms. To the extent your conduct (as judged by us in our sole discretion), restricts or inhibits any other user from using or enjoying any part of this Site, we may limit your privileges on the Site and seek other remedies. PLEASE DO NOT ENGAGE IN ANY OF THE FOLLOWING ACTIVITIES, they are prohibited on the Site and constitute express violations of these Terms:
We attempt to be as accurate as possible in describing the products available on the Site. We have taken reasonable steps to display as accurately as possible the colors and other details of products we sell. However, the colors and details you see on the Site will depend on the equipment you use to view the Site. We cannot guarantee that the display of any color or other details on your television, mobile device, computer or other device will exactly reflect the color or details of the actual items. All information is provided for informational purposes only and we encourage you to read all information presented on labels, warnings and directions which accompany the products before use.
We do not warrant that product descriptions or other content of this site are accurate, complete, reliable, current, or error-free. If a product is not as described, your sole remedy is to return it in unused condition.
First My Family is not responsible for any performance or quality claims associated with product or descriptions. The original manufacturer of the products that you find on this site is responsible for all products made available to you and for any and all injuries, illnesses, damages, claims, liabilities and costs (“Liabilities”) such products may cause you to suffer, directly or indirectly, in full or in part. You waive and release First My Family, LLC and its subsidiaries, affiliates, partners, officers, directors, employees and agents from any Liabilities arising from or related to any act or omission of a manufacturer in connection with your purchase of products from this Site.
Shipment and tracking options and applicable charges will be stated in the fine print included in a product description and will vary by offer. Shipment may be limited to specific geographic locations.
Shipping and delivery estimates are only estimates; they are not guaranteed delivery times and should not be relied upon as such.
We may have to cancel an order before your products are delivered; if this happens, we will promptly contact you at the email address that is registered with your account.
When products are delivered to the delivery address provided at checkout, legal title to those products will transfer to the recipient (i.e. the products will become the recipient's personal property).
Most items sold by First My Family may be returned to us, subject to the First My Family Return Policy, but certain items are final sale and may not be returned unless defective, as set forth in the First My Family Return Policy and the offer’s fine print.
First My Family takes legal title to returned items only after the items arrive at the designated returns destination.
For purchases that qualify for a refund, First My Family will issue a refund within 30 days after processing of a properly returned shipment. Applicable shipping charges and restocking fees may be deducted from your refund.
We reserve the right to refuse to issue a refund and to recover the cost of the return delivery from you in the event that any items you return: (i) are not eligible for return, in accordance with the First My Family Return Policy or the product’s fine print, or (ii) are found to have suffered damage after delivery to you or have been misused or used other than in accordance with the product directions or instructions.
Items sold by First My Family and shipped within the U.S. are subject to applicable sales taxes, which will be added at checkout.
Advertised prices may include shipping and delivery charges. If delivery charges are not included in the advertised price, such costs will be disclosed in the fine print and added at checkout.
Occasionally there may be an error or omission related to the pricing or description of advertised products. We will use reasonable efforts to correct any errors or omissions as soon as practicable after learning of them. We reserve the right to change, modify, substitute, suspend or remove without notice any information related to items for sale. If we made an error or omission and you have already purchased a product: (i) if the actual price of the product is less than the stated price at the time of purchase, we will charge you the lower price; or (ii) if the actual price of the product is higher than the stated price, we will contact you and allow you the option to pay the correct (higher) price or cancel your order and receive a refund.
Internet software or electronic transmissions may produce inaccurate or incomplete copies of the Site's content when downloaded and displayed on any computer or mobile device. We do not assume any liability or responsibility whatsoever for such matters or the inaccurate or incomplete information or data arising from software problems, transmissions errors, the display of content in browser frames displaying information from other Web sites, or any misinterpretation of the content for such reasons.
Because we do not control the security of the Internet or other networks you use to access the Site or communicate with us, we can’t be, and are not responsible for, the security of information that you choose to communicate with First My Family and the Site while it is being transmitted. In addition, we are not responsible for any data lost during transmission.
We are not responsible for computer viruses or other destructive programs which are introduced by visitors or other providers or software or content. You are advised to employ security and virus protection software on all computer systems used to access the Internet or to share files with other computer systems. Any unprotected e-mail communication over the Internet is, as with communication via any other medium, subject to possible interception or loss.
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
CERTAIN STATE 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, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
We are not the manufacturer of the products sold on the Site. To inquire about a manufacturer's warranty, please contact the manufacturer directly.
You agree to defend, indemnify and hold harmless First My Family, its subsidiaries, affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of or related to any products purchased by you, or any User Content submitted or posted by you, in connection with the Site or any use of the Site in violation of these Terms.
To the extent permitted under applicable laws, you hereby release First My Family from any and all claims or liability related to any product you purchase, any action or inaction by the manufacturer of any product, including such manufacturer’s failure to comply with applicable law and/or failure to abide by the terms of First My Family, and any conduct, speech, or User Content, whether online or offline, of any other user.
You agree that all rights under section 1542 of the Civil Code of the State of California are hereby waived. Section 1542 provides as follows: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct, personal information and the content made available via the Site. You agree to comply with all applicable laws regarding the transmission of data exported from the United States or the country in which you reside. You consent to having your personal data transferred to and processed in the United States.
By visiting our site, you agree that the laws of the state of California, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between us.
Company and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us the written information specified below. Please note that this procedure is exclusively for notifying us and our affiliates that your copyrighted material has been infringed. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Site, you may notify our copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 (DMCA).
For your complaint to be valid under the DCMA, you must provide the following information when providing notice of the claimed copyright infringement:
First My Family, LLC
Attention: Copyright Agent
4848 San Felipe Road, STE 150-522
San Jose, CA 95135
WE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.
This information should not be construed as legal advice. For further details on the information required for valid DMCA notifications, see 17 U.S.C.A. 512(c)(3).
NOTE: This information is provided exclusively for notifying the service providers referenced above that your copyrighted material(s) might have been infringed. All other inquiries, including technical requests, reports of e-mail abuse, and third party reports of piracy, will not receive a response through this process.
These Terms will be governed by the laws of the State of California, United States of America. All disputed arising under, out of or in any way connection to the Terms shall be litigated exclusively in the state or federal courts in San Francisco, California. In such an action, you agree to submit to the subject matter jurisdiction of such courts and waive any objections to venue for such courts.
YOU AND FIRST MY FAMILY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO FIRST MY FAMILY MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.