Last Update: March 29, 2013
Our Site makes child custody and visitation tracking easy. However, we play no active role in user custody and visitation arrangements. The Site is a neutral online platform that is not a party to any member activity. We have no control over user conduct and we cannot undertake to verify the truth or accuracy of any user submitted content. Therefore, we disclaim all liability arising out of user conduct and content.
Our service is provided through the Site “AS IS,” with no warranties of any kind, and you hereby agree that the use of and reliance on our service is at your own risk, and that under no circumstances shall the Site be liable for any missed appointments, losses, damages or injuries of any kind incurred as a result of the use of or reliance on any content made available through our Site. You acknowledge that, due to the sensitive nature of custodial information submitted, we shall have the right (but no obligation), at our sole reasonable discretion, to refuse, modify, delete or move any content, for any reason.
The Site is owned and operated by Web Synct, LLC, a Texas limited liability company. Site contents and features, images, information, registered and unregistered trademarks are the exclusive property of Web Synct, LLC. Site content is protected by the US and international copyright, trademark, trade secret and other intellectual property or proprietary rights laws. You may not republish our Site content, delete or alter any copyright, trademark or other proprietary rights notices from copies of materials that do not entirely belong to you. You retain all intellectual property and other rights to the content submitted by you and we do not use it for our own purposes at all.
You agree that all notices or other communications regarding your account and/or your use of our Site service ("Communications"), may be provided to you electronically. You agree to receive all Communications from us in electronic form. You may print a copy of any Communications and retain it for your records. All electronic Communications will be considered just as legally binding as if they were in paper form. Electronic Communications will be deemed received no later than five (5) business days after posting or dissemination, whether or not you have received or retrieved the Communication. We reserve the right but assume no obligation to provide Communications in paper format. You may revoke your consent to receive Communications electronically, but if you revoke your consent to receive Communications electronically, we reserve the right to terminate your right to use the Service.
We respect the intellectual property rights of others and expect our users to do the same. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, we will address the claims of copyright infringement committed using our Website if such claims are reported to our designated DMCA Copyright Agent at email@example.com. If we believe that any posted material violates any applicable law, we will remove or disable access to any such material. In notifying us of alleged copyright infringement, include the following information: (i) description of the copyrighted work that is the subject of claimed infringement; (ii) description of the infringing material and information sufficient to permit us to locate the alleged material; (iii) contact information for you, including your address, telephone number and/or e-mail address; (iv) a statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law; (v) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and (vi) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf. Failure to include all of the above-listed information may result in the delay of the processing of your complaint.
By using this Site, you represent and warrant that you are of legal age and have the full capacity to form a legally binding contract.
You cannot use the Site for any illegal purpose whatsoever.
You will not submit any libellous, defamatory, hateful or otherwise objectionable content to our Site. By submitting anything to our Site, you guarantee that you have full legal right to do so without violating any privacy, intellectual property or other rights of others.
You guarantee that you will not use our Site to harass, stalk or otherwise infringe on rights of others.
You must treat your login credentials confidential. We have the right to disable any user identification code or password, whether chosen by you or provided by us, at any time for any reason or no reason without notice or explanation.
You must not reverse engineer, copy, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any part of our Site.
You must not:
- Use a false name for registration.
- Attempt to gain unauthorized access to any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site.
- Send any unsolicited mass communication, advertising or promotional material without our prior written consent.
- Use any device, software or routine that interferes with the proper working of the Site or anybody’s use and enjoyment of it.
- Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
- Use the Service to obtain materials, data, or information for purposes of gaining a competitive advantage.
- Be on the U.S. Treasury Department's list of Specially Designated Nationals or be located in a country that is subject to a U.S. government embargo;
You agree to indemnify and hold the Site (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers) harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, including reasonable attorneys' fees, costs, expenses or damages arising out of or related to a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party and your submissions.
As a neutral venue, we do not offer mediation, arbitration or any other forms of dispute resolution and do not actively monitor user interactions and custody arrangements. You are solely responsible for your interactions, agreements and disputes with other users. The Site reserves the right, but has no obligation, to facilitate disputes between its users.
- Block violator’s IP address and/or notify his or her Internet Service Provider.
- Disclose your identity to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
LIMITATION OF LIABILITY
WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT. IN NO EVENT WILL OUR LIABILITY EXCEED THE LESSER OF A) MEMBERSHIP FEES COLLECTED FROM YOU DURING THE LAST 12 MONTH OR B) $200 U.S. DOLLARS. NO CLAIM SUIT OR ACTION MAY BE BROUGHT AGAINST US AFTER 12 MONTHS FROM THE UNDERLYING CAUSE OF ACTION.
YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. WE DO NOT WARRANT THAT ANY SERVICES WILL MEET YOUR EXPECTATIONS OR REQUIRMENTS. IN NO EVENT WILL WE, OUR SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY SITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER SITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
You agree that the limitation liability above is reasonable considering the cost of the Site service.
You acknowledge that you will receive no refunds. However, you may cancel membership at any time to end the monthly fee.
GOVERNING LAW AND JURISDICTION
The Site and the Terms will be governed by, and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles which would result in the application of laws of any other jurisdiction. Any litigation, dispute or claim arising from or related to the use of the Website shall be subject to the jurisdiction of the courts sitting in San Antonio, Texas, and you hereby accept to submit to the exclusive jurisdiction of those courts.
Please submit all comments, requests and questions relating to the Site or our service to firstname.lastname@example.org