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Terms of Use

Effective:  February 21, 2009
Last Updated:  March 25, 2013

These Terms of Use (the “Terms of Use”) contain the complete agreement between you (“you” or “user”) and Tiffany L. Clark. ("TLC") concerning your use of the www.family-life-possibilities.com, including without limitation, all content, information and services contained therein ("FLP").

Acknowledgement

By accessing or using FLP, you agree to abide by these Terms of Use, as they may be amended by TLC from time to time in her sole discretion, and that such Terms of Use constitute a binding contract between you and TLC. It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, you agree to immediately leave FLP and cease all use of FLP. TLC reserves the right, at any time, to modify or discontinue, temporarily or permanently, FLP (or any part thereof) without notice. You agree that TLC shall not be liable to you or to any third party for any modification, suspension, or discontinuance of FLP.

No Legal or Other Advice, or Confidentiality
By using FLP, you agree to seek advice, personalized for you by relevant professionals (licensed if/as required), before making any decisions regarding topics discussed on FLP.  In addition, you agree to submit no confidential information to TLC, per the terms described further below in this section.

TLC makes available FLP and related informational products for general informational purposes only

General information could be inapplicable to your situation, out-of-date, and/or incorrect.  

No statement on FLP is intended to guarantee any particular outcome for you or your family.  

Nor is FLP intended to offer or give advice of any kind, whether legal, lactation, medical, psychological, or other otherwise. 

Unlike general information, such as that 
offered through FLP, “advice” is customized to your particular circumstances, is more likely current and accurate, may involve promises of confidentiality, is ideally offered by a qualified professional with the relevant license (if any is required), and is typically, and in TLC's case definitely, only given after the creation of a written professional-client agreement signed by both the professional and the client.  By contrast, general information, such as that available through FLP, is static, not customized, and not necessarily updated.  

FLP is also not intended to act as a solicitation for the formation of any kind of professional-client, advice-giving relationship, and no such relationship is created through your use of FLP. TLC is not a licensed physician, lactation specialist, psychologist, or the like, but simply a passionate, mother and lawyer, self-taught with respect to many of the topics covered herein.  Although TLC does form attorney-client relationships, this done only pursuant to terms described on www.tiffanyclarklaw.com.  

Emails or information sent to TLC do not create any kind of professional-client relationship with TLC, will not be considered confidential, and may be disclosed to others pursuant to TLC's Privacy Policy

THEREFORE, I AGREE NOT SUBMIT ANY INFORMATION I CONSIDER CONFIDENTIAL THROUGH FLP, OR TO TLC VIA ANY OTHER MEANS.   

Although TLC does form confidential attorney-client relationships, this is not the topic of this website, but of www.tiffanyclarklaw.com. And, I understand that, even on that website, she only commits to keeping information confidential (under most circumstances), if either 1) a person shares confidential information pursuant to a signed client fee agreement, between TLC and the person, entered into prior to the person sharing their confidential information, or 2) a person shares confidential information pursuant to other written assurances of confidentiality, sent by TLC to the person prior to the person sharing their confidential information. Therefore, unless one of the above applies, I agree no refrain from communicating any information that I wish to have kept confidential.  And, in any event, I will not submit confidential information through this website or any means related to this website.

TLC does not seek to represent anyone desiring representation based upon viewing or communicating through FLP, especially in a state, territory or foreign country where FLP fails to comply with applicable laws and ethical rules.  Finally, TLC does not seek to practice law in states, territories and foreign countries where she is not properly authorized to do so.

Minors
You represent that you are of legal age and capacity to form a binding contract. TLC does not provide services for children, and FLP is not intended for use by children. If you are under 18, you may use FLP only with involvement of a parent or guardian. TLC reserves the right to refuse service in her sole discretion.

Privacy Policy
TLC is committed to maintaining the privacy and security of information that you provide to TLC through FLP, however personal information that you provide to TLC through FLP is subject to our Privacy Policy. By using FLP you consent to the collection and use of this information as set forth in the Privacy Policy. For more information, see our full Privacy Policy.

Proprietary Rights
You agree that as between the parties, TLC is the exclusive owner of FLP and all constituent parts, including without limitation, all software code, any content on FLP, HTML scripts, the uniform resource locators (URL’s) for FLP, the organization and layout of FLP, all TLC trademarks, trade names, service marks, trade dress and logos, all enhancements and improvements thereto, and derivatives thereof, and all patent, copyright, trademark, trade secret, trade dress and other intellectual property rights therein throughout the world (collectively the “TLC IP”).  Any goodwill attached to, or generated by, such TLC IP is owned exclusively by TLC and shall inure solely to the benefit of TLC.  Nothing contained herein or on FLP should be understood as granting you any right or license to any of the TLC IP, except as expressly granted herein. All rights not expressly granted herein are reserved by TLC. TLC retains full and complete title to the TLC IP. You agree to not: (i) include TLC IP in your corporate name and/or domain name; (ii) obtain, use, register, or otherwise acquire any trade names, trademarks, service marks, and/or trade dress that are confusingly similar to TLC IP; (iii) have any claim of ownership in the TLC IP; (iv) sell, redistribute, transfer, sublicense or reproduce the TLC IP, nor may you decompile, reverse-engineer, disassemble, or otherwise convert any of the TLC IP to a human-perceivable form; and (v) use or copy the TLC trademarks, except as specifically set forth herein. These Terms of Use do not limit any rights that TLC may have under trade secret, copyright, patent, trademark or other laws. You acknowledge and agree that FLP contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in any sponsor advertisements or information that may have been presented to you through FLP are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.

User Conduct
You agree to comply with all applicable laws and regulations in connection with your use of FLP. Without limiting the foregoing, you agree not to use FLP in connection with (i) the infringement of intellectual property rights (including TLC's rights in its Marks); (ii) the unauthorized transmission of unsolicited commercial electronic mail; (iii) the transmission of defamatory materials; or (d) fraud. You will not violate, attempt to violate, or knowingly facilitate the violation of the security or integrity of FLP. Without limiting the foregoing, you agree not to (a) attempt to or enable others to attempt to gain unauthorized access to any other accounts, computer systems or networks hosting FLP, through hacking, password theft or any other means; (b) use any "deep-link," "page-scrape," "robot," "spider" or other automatic device, program, algorithm or methodology, or any equivalent manual process, to access, acquire, copy or monitor any portion of FLP, or in any way circumvent the navigational structure or presentation of FLP; (c) attempt or enable others to attempt to obtain any materials from FLP through any means that TLC has not intentionally made available on FLP; or (d) use FLP in any manner that could damage, disable, overburden, or impair any server(s) hosting FLP, or the network(s) connected to any server(s) hosting FLP, or that might interfere with any other person's access to or use or enjoyment of FLP.

Third Party Services and Sites
FLP may provide links to other World Wide Web sites or resources.  Your business dealings with any third party, third party website or third party content (collectively “Third Party”) found on or through FLP, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations, associated with such dealings, are solely between you and such Third Party. TLC makes no endorsement or guarantee about the content, goods or services provided by such Third Party. TLC shall not be responsible for any loss or damage of any sort incurred as the result of: (i) any dealings or transaction between you and any Third Party or as the result of the presence of such Third Party on FLP; (ii) any insufficiency of or problems with any such Third Party's background, insurance, credit or licensing; or (iii) the quality of services performed by any such third party or any other legal liability arising out of or related to the performance of such services. In the event that you have a dispute with any such third party, you release TLC from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. Unless expressly provided otherwise, these Terms of Use govern your use of any and all third party content.

Limitation of Liability and Disclaimer of Warranties
FLP IS PROVIDED TO YOU "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TLC, HER AFFILIATES AND HER SUPPLIERS DO NOT MAKE ANY, AND HEREBY DISCLAIM ALL, WARRANTIES THAT MIGHT ARISE FROM YOUR USE OR RELIANCE ON FLP, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. TLC, HER AFFILIATES AND HER SUPPLIERS WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF FLP, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN IF TLC, HER AFFILIATES AND/OR HER SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE AND NOTWITHSTANDING THE FAILURE OF ANY LIMITED REMEDY OF ITS ESSENTIAL PURPOSE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH FLP IS TO STOP USING FLP. TO THE EXTENT THAT TLC MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR LIMIT ITS LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF TLC'S LIABILITY SHALL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.

Indemnity
You agree to defend, indemnify and hold TLC, her affiliates, employees, agents, and suppliers, harmless from and against any and all claims, demands, losses, liability, costs and expenses (including but not limited to attorneys' fees) arising from: (i) content you submit, post, transmit or otherwise make available through FLP, (ii) your use of FLP, (iii) your connection to FLP, (iv) your violation of any provision of these Terms of Use, or (v) your violation of any third party's rights, including but not limited to infringement of any intellectual property right, violation of any proprietary right and invasion of any privacy rights. This obligation will survive the termination of these Terms of Use.

Termination
You acknowledge and agree that TLC may at any time in her sole discretion terminate your access to and use of FLP, or any part thereof, with or without notice.

Miscellaneous
These Terms of Use constitute the entire agreement between you and TLC and governs your use of FLP, superseding any prior agreements between you and TLC (including, but not limited to, any prior versions of these Terms of Use) with respect to its subject matter. You also may be subject to additional terms and conditions that may apply when you use affiliate or other TLC websites, services or products, third-party content or third-party software. Except as otherwise provided in these Terms of Use, these Terms of Use may only be modified in a writing signed by an authorized officer of TLC.

You agree that no attorney-client, mediator-client, coach-client, other kind of client, joint venture, partnership, employment, or agency relationship exists between you and TLC as a result of these Terms of Use or use of FLP. TLC's performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of TLC's right to comply with governmental, court and law enforcement requests or requirements relating to your use of FLP or information provided to or gathered by TLC with respect to such use.

You may not assign these Terms of Use.  TLC may assign or transfer these Terms of Use or its rights or obligations hereunder without notice or your prior approval. These Terms of Use are for the sole benefit of the parties hereto and do not create any third-party beneficiaries, whether intended or incidental. These Terms of Use will inure to the benefit of TLC and its successors and assigns. The failure of TLC to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. Neither the course of conduct between you and TLC, nor trade practice, shall act to modify any provision of these Terms of Use.

These Terms of Use are governed exclusively by the laws of the State of California as applied to agreements made, entered into, and performed entirely in California by California residents, notwithstanding your actual place of residence, and without reference to the states conflicts of law principles.  The parties hereby submit to the exclusive personal jurisdiction of, and agree that any controversy, claim or legal proceeding with respect to or arising under these Terms of Use shall be brought in the California Eastern District Court or the state courts located in Sacramento County, California.  You agree that any claim or cause of action arising out of or related to your use of FLP or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.  The prevailing party in any claim or proceeding shall be entitled to reimbursement of reasonable attorneys’ and experts’ fees and costs.  You hereby acknowledge that a breach of these Terms of Use may cause irreparable harm and significant injury to TLC that may be difficult to ascertain, and that a remedy at law may be inadequate.  Accordingly, you agree that TLC shall be entitled, without waiving any additional rights or remedies otherwise available to TLC at law or in equity and without the necessity of posting bond, to seek injunctive and other equitable relief in the event of a breach or intended or threatened breach by you.  Notwithstanding anything to the contrary, TLC shall be entitled to seek and obtain injunctive relief in any court of competent jurisdiction.

Use of FLP is not authorized in any jurisdiction that does not give effect to all provisions of these Terms of Use. FLP is controlled and operated by TLC from her offices in the State of California, in the U.S.A. TLC makes no representation that FLP, or any other TLC website to which you have been given access are available or appropriate for use outside of the U.S.A. Your use of or access to FLP should not be construed as TLC’s purposefully availing herself of the benefits or privilege of doing business in any state or jurisdiction other than California.

If any provision of these Terms of Use, including without limitation, the warranty disclaimers and liability limitations set forth above, is found by a court of competent jurisdiction to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use shall continue in effect.

The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.  Sections 5 through 11 of these Terms of Service shall survive the termination of these Terms of Use. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

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