Terms of Use

September 06, 2023

Family Care Learning, a service provided by Christian Family Care Agency Inc. (“Christian Family Care”, “we”, “us”, or “our”), maintains this website, any courses offered and other linked and related sites (the “Site”) for the use of its customers, vendors, students, and other Site users (“Users”) upon agreement to the following Family Care Learning Terms of Use. Please read these Terms (defined below) carefully before using the Site and any online service provided by Christian Family care that posts a link to these Terms (collectively, the “Service”).

These Family Care Learning Terms of Use are entered into by You and Christian Family Care. These Family Care Terms of Use, any documents they incorporate by reference, and any Additional Terms (defined below) you agree to in connection with Christian Family Care’s provision of the Service (collectively, “Terms”), govern your access to and use of the Service. You also acknowledge, agree, and accept (1) our Website Terms of Use, and (2) our data practices, as described in our Privacy Policy and any documents they incorporate by reference.

Use of the Service indicates acceptance of these Terms of Use and forms a binding agreement between you and Christian Family Care. These Terms affect your legal rights, responsibilities and obligations and govern your use of the Service, are legally binding, limit Christian Family Care’s liability to you and require you to indemnify us and to settle certain disputes through individual arbitration. If you do not agree to these Terms and any Additional Terms, do not use the Service and uninstall Service downloads and applications.

This Service is offered and available only to users who are (1) the age of majority in the jurisdiction in which they reside; (2) minors, subject to the consent of their parent or legal guardian; and (3) minors who have been emancipated. By using this Service, you represent and warrant that you are at least one of the above where you reside. If you do not meet this requirement, you must not access or use the Service.



Changes to the Terms

We may revise and update these Terms of Service from time to time at our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Service thereafter. It is your responsibility to review the posted Terms of Service and any applicable Additional Terms each time you use the Service (at least prior to each transaction or submission). EACH TIME YOU SIGN IN TO OR OTHERWISE USE THE SERVICE YOU ARE ENTERING INTO A NEW AGREEMENT WITH US ON THE THEN APPLICABLE TERMS OF SERVICE AND YOU AGREE THAT WE MAY NOTIFY YOU OF NEW TERMS OF SERVICE BY POSTING THEM ON THE SERVICE (OR IN ANY OTHER REASONABLE MANNER OF NOTICE WHICH WE ELECT), AND THAT YOUR USE OF THE SERVICE AFTER SUCH NOTICE CONSTITUTES YOUR GOING FORWARD AGREEMENT TO THE NEW TERMS OF SERVICE FOR YOUR NEW USE AND TRANSACTIONS. Any new Terms of Service or Additional Terms will be effective as to new use and transactions as of the time that we post them, or such later date as may be specified in them or in other notice to you. In the event any notice to you of new, revised, or additional terms is determined by a tribunal to be insufficient, the prior agreement shall continue until sufficient notice to establish a new agreement occurs. You can reject any new, revised, or additional terms by discontinuing use of the Service.

Additional Terms

In some instances, additional or different terms, posted on the Service, apply to your use of certain parts of the Service (individually and collectively, “Additional Terms”). To the extent there is a conflict between these Terms of Service and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise.



1. FAMILY CARE LEARNING

Family Care Learning is a service offered by Christian Family Care that provides various materials, information, quizzes, tests, questions, articles, news and other information on this and related sites and in courses offered through this Site (the “Materials”).



2. OWNERSHIP AND YOUR RIGHTS TO USE THE SERVICE AND CONTENT

Christian Family Care authorizes each User to view and download one copy of the Materials. Materials may be downloaded and a maximum of one copy of the Materials may be printed provided that Users make no modifications to the Materials. Users may not modify the Materials at this Site in any way or reproduce, share or distribute them.

The Service and its entire contents, features, and functionality, including, but not limited to all information, data, text, displays, content, materials, images, visual interfaces, designs, compilations, educational videos and exercises, video, audio, software, computer code (including source code or object code), and the design, selection, and arrangement thereof (collectively “Service Content” or “Content”), including all copyrights, patents, trademarks, service marks, trade names and all other intellectual property rights therein (“Intellectual Property”), are owned or controlled by Christian Family Care, our licensors, and certain other third parties. All right, title, and interest in and to the Content and Intellectual Property available via the Service is the property of Christian Family Care, our licensors or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent and/or other Intellectual Property and unfair competition rights and laws to the fullest extent possible. Christian Family Care owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Service.

Your right to use the Service and content is subject to your strict compliance with these Terms. Your right to access and use the Service and the Intellectual Property shall automatically terminate upon any violations. These rights are non-exclusive, limited, and revocable by us at any time in our sole discretion without advance notice or liability. As your right to access and use the Service and the Content is personal to you, you may not assign nor transfer your right; any attempt to do so is void. You may, for your personal, non-commercial, lawful use only (collectively, the following are the “Licensed Elements”):

  • Display, view, use, and play the Content on a computer, mobile or other internet enabled or permitted device (“Device”) and/or print one copy of the Content (excluding source and object code in raw form or otherwise) as it is displayed to you;
  • Stream the Content using any of the widgets and/or other digital streaming internet video players, if any, provided on the Service;
  • Subject to any applicable additional terms, if the Service includes a “Send to Friend” social media sharing or similar tool that allows you to initiate and send to one or more of your contacts a communication that includes content, or to post our content to third-party services or your own site or online service, and the tool is operational, use the tool to do so; provided, however, that you do not do so in any manner that violates applicable law or third-party rights or reflects negativity on Christian Family Care, and only send to recipients you have permission to contact;
  • If the Service includes a “Download” link next to a piece of content (including, without limitation, an image, icon, wallpaper, music track, video, trailer, or an RSS feed), you may only download a single copy of such content to a single Device;
  • Download, install and use one copy of any software, including apps, that we make available through the Service (“Software”) on your Device in a machine-executable object code form only and make one additional copy for back-up purposes; provided, however, that you understand and agree that (1) by allowing you to download the Software, Christian Family Care does not transfer title to the Software to you (i.e., you own the medium on which the software is recorded, but the Software’s owner (which may be Christian Family Care and/or its third-party Software licensor) will retain full and complete title to such Software); (2) you may not copy, modify, adapt, translate into any language, distribute, or create derivative works based on the Software, except as expressly authorized in these Terms and applicable Additional Terms, without prior written consent of Christian Family Care; (3) you may not assign, rent, lease, or lend the Software to any person or entity and any attempt by you to sublicense, transfer, or assign the Software will be void and of no effect; and (4) you may not decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Software by any means whatsoever, except to the extent the foregoing restriction is prohibited by applicable law;
  • If made available to you, obtain a registered personal account (and/or related username and password) on the Service and interact with the Service in connection therewith;
  • Link to the Service from a website or other online service, so long as: (a) the links only incorporate text, and do not use any Christian Family Care names, logos, or images, (b) the links and the content on your website do not suggest any affiliation with Christian Family Care or cause any other confusion, and (c) the links and the content on your website do not portray Christian Family Care or its products or services in a false, misleading, derogatory, or otherwise offensive manner, and do not contain content that is unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third-party or are otherwise objectionable to Christian Family Care. Christian Family Care reserves the right to suspend or prohibit linking to the Service for any reason, in its sole discretion, without advance notice or any liability of any kind to you or any third party; and
  • Use any other functionality expressly provided by Christian Family Care on or through the Service for use by users, subject to these Terms of Service (including, without limitation, functionality to create and/or post Submissions (as defined below)) and any applicable Additional Terms.

In using the Service, you must respect the Intellectual Property and rights of others and Christian Family Care. Your unauthorized use of Content may violate the rights of others and applicable laws and may result in your civil and criminal liability. If you believe that your work has been infringed via the Service, please refer to the Procedure for Alleging Copyright Infringement section.

These Terms and any applicable Additional Terms include only narrow, limited grants of rights to use and access the Service and content. No other right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. ALL RIGHTS NOT EXPRESSLY GRANTED TO YOU ARE RESERVED BY CHRISTIAN FAMILY CARE AND ITS LICENSORS AND OTHER THIRD PARTIES. Any unauthorized use of any Content or the Service for any purpose is prohibited.



3. THIRD-PARTY SERVICES

We are not responsible for third parties or their content, advertisement(s), apps or sites (“third- party services”). For instance, portions of the service may be integrated into or linked to third- party sites, platforms and apps that we do not control. Similarly, we may make third-party ads and other third-party services, which we also may not control, available to you on or via our service. This may include the ability to register or sign in to our services using facebook connect or other third-party tools, and to post content on third-party services using their plug-ins made available on our services. Use caution when dealing with third parties and consult their terms of use and privacy policies. We take no responsibility for third-party services.



4. CONTENT YOU SUBMIT

A. Submissions

You grant us a non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, transferable and cost-free right and license to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense (through multiple levels), display, publicly perform, transmit, publish, broadcast, translate, make derivate works of, and otherwise use and exploit in any manner whatsoever, all or any portion of any material or information you post or submit to us (on or via the Service, or by means other than the Service, including without limitation via our social media pages and accounts such as Facebook, Twitter and LinkedIn) (“Submissions”), and derivative works thereof, for any purpose whatsoever in all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same, all without any obligation to you not required by applicable law, or explicit terms of our Privacy Policy or applicable Additional Terms. As permitted by applicable law, and subject to any explicit terms of our Privacy Policy and applicable Additional Terms, you also irrevocably consent to our use and association of your name (and, if part of a Submission, your likeness) in connection with your Submissions and derivatives thereof. As permitted by applicable law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any Submissions, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this section. In addition, we and our successors, assigns and licensees retain all of the rights held by members of the general public regarding your Submissions. Our receipt of your Submissions is not an admission of their novelty, priority, or originality, and it does not impair our right to contest existing or future Intellectual Property rights relating to your Submissions.

B. Appropriate Content and Alerting Us of Violations

We expect Submissions to be appropriate for a general audience, but do not undertake to monitor it, and you consent to potentially encountering content that you find offensive and inappropriate. We may include venue and content rules as Additional Terms. If you discover any content that violates these Terms or any applicable Additional Terms, then you may report it here. For alleged infringements of Intellectual Property, please see the Procedure for Alleging Copyright Infringement section.



5. SERVICE AND CONTENT USE RESTRICTIONS

A. Service Use Restrictions

You agree that you will not: (i) use the Service for any political or commercial purpose (including, without limitation, for purposes of advertising, soliciting funds, collecting product prices, and selling products); (ii) use any meta tags or any other “hidden text” utilizing any Intellectual Property; (iii) engage in any activities through or in connection with the Service that seek to attempt to or do harm any individuals or entities or are unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third- party, or are otherwise objectionable to Christian Family Care; (iv) decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Service by any means whatsoever or modify any Service source or object code or any Software or other products, services, or processes accessible through any portion of the Service; (v) engage in any activity that interferes with a user’s access to the Service or the proper operation of the Service, or otherwise causes harm to the Service, Christian Family Care, or other users of the Service; (vi) interfere with or circumvent any security feature (including any digital rights management mechanism, device or other content protection or access control measure) of the Service or any feature that restricts or enforces limitations on use of or access to the Service, the Content, or the Submission; (vii) harvest or otherwise collect or store any information (including personally identifiable information about other users of the Service, including email addresses, without the express consent of such users); (viii) attempt to gain unauthorized access to the Service, other computer systems or networks connected to the Service, through password mining or any other means; or (ix) otherwise violate these Terms or any applicable Additional Terms.

B. Content Use Restrictions

You also agree that, in using the Service, you: (i) will not monitor, gather, copy, or distribute the Content (except as may be a result of standard search engine activity or use of a standard browser) on the Service by using any robot, rover, “bot”, spider, scraper, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind; (ii) will not frame or utilize framing techniques to enclose any such content (including any images, text, or page layout); (iii) will keep intact all Trademark, copyright, and other Intellectual Property and other notices contained in such content; (iv) will not use such content in a manner that suggests an unauthorized association with any of our or our licensors’ products, services, or brands; (v) will not make any modifications to such content (other than to the extent of your specifically permitted use of the Christian Family Care Licensed Elements, if applicable); (vi) will not copy, modify, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate or transfer to any third-party or on any third-party application or website, or otherwise use or exploit such content in any way for any purpose except as specifically permitted by these Terms or any applicable Additional Terms or with the prior written consent of an officer of Christian Family Care or, in the case of content from a licensor, the owner of the content; and (vii) will not insert any code or product to manipulate such content in any way that adversely affects any user experience or the Service.

C. Availability of Service and Content

Christian Family Care, in its sole discretion without advance notice or liability, may immediately suspend or terminate the availability of the Service and/or Content (and any elements and features of them), in whole or in part, for any reason, in Christian Family Care’s sole discretion, and without advance notice or liability.



6. COPYRIGHT

A. DMCA Notice

We respect the intellectual property rights of others, and require that the people who use the Service, or the services or features made available on or through the Service, do the same. It is our policy to respond appropriately to clear notices of alleged copyright infringement, as set forth more fully below. In Service’s sole discretion, Christian Family Care may remove content that may be infringing on another person’s intellectual property rights with or without notice to the potential infringer. In accordance with the U.S. Digital Millennium Copyright Act (“DMCA”) and other applicable law, Christian Family Care has adopted a policy of terminating, in appropriate circumstances, users who are deemed to be repeat infringers.

B. DMCA Takedown Procedure

If you believe that your work has been copied in a way constitutes copyright infringement, please forward the following information to our Copyright Agent, designated as such pursuant to the DMCA, 17 U.S.C. § 512(c)(2), named below:

  • A legend or subject line that says: “DMCA Copyright Infringement Notice”;
  • Your full name, address, telephone number, and email address;
  • A description of the copyrighted work that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
  • A description of where the alleged infringing material is located that is reasonably sufficient to permit us to locate the material (please include the full URL of the page(s) on the Service on which the material appears);
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.

Copyright Agent: John Politan, Statutory Agent, [email protected]. For customer service issues, please contact us at [email protected] or call us at (800) 939-5432.

It is often difficult to determine if your copyright has been infringed. Christian Family Care may elect to not respond to DMCA Notices that do not substantially comply with all of the foregoing requirements, and Christian Family Care may elect to remove allegedly infringing material that comes to its attention via notices that do not substantially comply with the DMCA.

Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

We may send the information that you provide in your notice to the person who provided the allegedly infringing work. That person may elect to send us a DMCA Counter-Notification.

Without limiting Christian Family Care’s other rights, Christian Family Care may, in appropriate circumstances, terminate a repeat infringer’s access to the Platform or any part thereof and any other platform or service owned or operated by Christian Family Care.

C. Counter-Notification

If access on the Service to a work that you submitted to Christian Family Care is disabled or the work is removed because of a DMCA Copyright Infringement Notice, and if you believe that the disabled access or removal is the result of mistake or misidentification, then you may send us a DMCA Counter-Notification to the email address above. Your DMCA Counter-Notification should contain the following information:

  • a legend or subject line that says: “DMCA Counter-Notification”;
  • a description of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled (please include the full URL of the page(s) on the Service from which the material was removed or access to it disabled);
  • a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled because of mistake or misidentification of the material to be removed or disabled;
  • your full name, address, telephone number, email address, and the username associated with your account;
  • a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or, if the address is located outside the U.S.A., to the jurisdiction of the United States District Court for the District of Arizona), and that you will accept service of process from the person who provided DMCA notification to us or an agent of such person; and
  • your electronic or physical signature.

Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.

If we receive a DMCA Counter-Notification, then we may replace the material that we removed (or stop disabling access to it) in not less than ten (10) and not more than fourteen (14) business days following receipt of the DMCA Counter-Notification. However, we will not do this if we first receive notice at the email addresses above that the party who sent us the DMCA Copyright Infringement Notice has filed a lawsuit asking a court for an order restraining the person who provided the material from engaging in infringing activity relating to the material on the Service. You should also be aware that we may forward the Counter-Notification to the party who sent us the DMCA Copyright Infringement Notice.

D. Notice, Questions, and Customer Service

You agree that we may give you notices or otherwise respond to you by mail or to your email (if we have it on file) or in any other manner reasonably elected by us. All legal notices to us must be sent to: John Politan, Statutory Agent, 5122 East Wagoner Road, Scottsdale, AZ 85254. If you have a question regarding the Service, you may contact our Customer Support at [email protected] or call us at (800) 939-5432 or via our Contact Us Form. You acknowledge that we have no obligation to provide you with customer support of any kind and that customer service personnel cannot change or waive Terms or applicable Additional Terms.



7. ARBITRATION AND DISPUTE TERMS

A. Forum Selection/Jurisdiction

Jurisdiction and venue for any controversy, allegation, or claim arising out of or relating to the Service, the Content, your Submissions, these Terms, or any applicable Additional Terms (collectively, “Dispute”) shall be in Phoenix, Arizona. Each party submits to personal jurisdiction and venue in Phoenix, Arizona for all purposes.

B. Pre-Arbitration Notification

Christian Family Care and you agree that it would be advantageous to discuss and hopefully resolve any Disputes before formal proceedings are initiated; provided, however, that Christian Family Care need not do so in circumstances where its claims of Intellectual Property rights (“IP Disputes” with all other disputes referred to as “General Disputes”) are concerned. The party making a claim—whether you or Christian Family Care—shall send a letter to the other side briefly summarizing the claim and the request for relief. If Christian Family Care is making a claim, the letter shall be sent, via email, to the email address listed in your Christian Family Care account, if applicable. If no such information exists or if such information is not current, then we have no notification or delay obligations under this section. If you are making a claim, the letter shall be sent to John Politan, Statutory Agent, 5122 East Wagoner Road, Scottsdale, AZ 85254. If the Dispute is not resolved within sixty (60) days after notification, the claimant may proceed to initiate proceedings as set forth in this section. Either you or Christian Family Care, however, may seek provisional remedies (such as preliminary injunctive relief, subject to the Limitation on Injunctive Relief section below) before the expiration of this sixty (60)-day period.

C. Arbitration of Claims

Unless you give us notice of opt-out within five (5) business days of your first use of the Service, addressed to John Politan, Statutory Agent, 5122 East Wagoner Road, Scottsdale, AZ 85254, all actions or proceedings arising in connection with, touching upon or relating to any Dispute, or the scope of the provisions of this section, shall be submitted to JAMS (www.jamsadr.com) for final and binding arbitration under its Comprehensive Arbitration Rules and Procedures if the matter in dispute is over $250,000 or under its Streamlined Arbitration Rules and Procedures if the matter in dispute is $250,000 or less, to be held in Maricopa County, Arizona, before a single arbitrator. If the matter in dispute is between Christian Family Care and a consumer, the matter shall be submitted to JAMS in accordance with its Policy on Consumer Arbitration Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness. The arbitrator shall be selected by mutual agreement of the parties or, if the parties cannot agree, then by striking from a list of arbitrators supplied by JAMS. We may have the right to pay the JAMS fees if required for arbitration to be enforceable. If you are a consumer, you have the right to an in-person hearing. The arbitration shall be a confidential proceeding, closed to the general public; provided, however, that a party may disclose information relating to the arbitration proceedings to its and its affiliates’ lawyers, insurance providers, auditors and other professional advisers. The fact that there is a dispute between the parties that is the subject of arbitration shall be confidential to the same extent. The parties may engage in the discovery or exchange of non-privileged information relevant to the dispute. The arbitrator shall issue a written opinion stating the essential findings and conclusions upon which the arbitrator’s award is based. Neither party shall be entitled or permitted to commence or maintain any action in a court of law with respect to any matter in dispute until such matter shall have been submitted to arbitration as herein provided and then only for the enforcement of the arbitrator’s award; provided, however, that prior to the appointment of the arbitrator or for remedies beyond the jurisdiction of an arbitrator, at any time, either party may seek pendente lite relief (subject to the provisions of these Terms waiving or limiting that relief) in a court of competent jurisdiction in Maricopa County, Arizona or, if sought by Christian Family Care, such other court that may have jurisdiction over you, without thereby waiving its right to arbitration of the dispute or controversy under this section; provided further, however, that the losing party shall have fifteen (15) business days after the issuance of the arbitrator’s decision to fully comply with such decision, after which the prevailing party may enforce such decision by a petition to the Superior Court of Arizona in Maricopa County or, in the case of you, such other court having jurisdiction over you, which may be made ex parte, for confirmation and enforcement of the award.

D. Limitation on Injunctive Relief

AS PERMITTED BY APPLICABLE LAW, IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR USE OF THE SERVICE, THEN THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE DEEMED IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND. THIS MEANS (WITHOUT LIMITATION) THAT, IN CONNECTION WITH YOUR CLAIM, YOU AGREE THAT YOU WILL NOT SEEK, AND THAT YOU WILL NOT BE PERMITTED TO OBTAIN, ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION, CONTENT, SUBMISSIONS, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED, OR CONTROLLED BY ANY CHRISTIAN FAMILY CARE PARTY (DEFINED BELOW) (INCLUDING YOUR LICENSED SUBMISSIONS) OR A LICENSOR OF ANY CHRISTIAN FAMILY CARE PARTY.

E. Class Action Waiver

As permitted by applicable law, both you and Christian Family Care waive the right to bring any Dispute as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any Dispute brought by anyone else. Notwithstanding any provision in the JAMS Comprehensive Arbitration Rules and Procedures to the contrary, the arbitrator shall not have the authority or any jurisdiction to hear the arbitration as a class, consolidated, representative, or private attorney general action or to consolidate, join, or otherwise combine the Disputes of different persons into one proceeding. Notwithstanding the arbitration provision set forth above, if the provision regarding waiver of class, collective, representative, and private attorney general claims of this Section is found to be void or otherwise unenforceable, any such class, collective, representative, or private attorney general claims must be heard and determined through an appropriate court proceeding, and not in arbitration.

F. Jury Waiver

AS PERMITTED BY APPLICABLE LAW, THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING UNDER, IN CONNECTION WITH, TOUCHING UPON OR RELATING TO THESE TERMS, THE BREACH THEREOF AND/OR THE SCOPE OF THE PROVISIONS OF THIS SECTION, WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF.

G. Small Claims Matters

Notwithstanding the foregoing, either of us may bring qualifying claims of General Dispute (but not IP Disputes) in small claims court, subject to the Class Action Waiver section above.

The provisions of this Arbitration and Dispute Terms section shall supersede any inconsistent provisions of any prior agreement between the parties. This Section shall remain in full force and effect notwithstanding any termination of your use of the Service or these Terms.



8. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES

AS PERMITTED BY APPLICABLE LAW, YOUR ACCESS TO AND USE OF THE SERVICE IS AT YOUR SOLE RISK AND THE SERVICE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS.

To the fullest extent permissible by applicable law, Christian Family Care and their direct and indirect parents, subsidiaries, affiliates, and each of their respective employees, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, customers, successors, and assigns (collectively, “Christian Family Care Parties”) hereby disclaim and make no representations, warranties, endorsements, or promises, express or implied, in connection with, or otherwise directly or indirectly related to, without limitation, the Service, Content, Christian Family Care Licensed Elements, Submissions or other Christian Family Care products or services, except as set forth below.

EXCEPT FOR ANY SPECIFIC WARRANTIES PROVIDED HEREIN, OR IN APPLICABLE ADDITIONAL TERMS, OR AS OTHERWISE REQUIRED BY APPLICABLE LAW, CHRISTIAN FAMILY CARE PARTIES HEREBY FURTHER DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.

NOTWITHSTANDING THE FOREGOING, THIS SECTION DOES NOT EXPAND OR LIMIT (I) ANY EXPRESS, WRITTEN PRODUCT WARRANTY OR RELATED DISCLAIMERS THAT ARE PROVIDED BY CHRISTIAN FAMILY CARE PARTIES OR THEIR SUPPLIERS WITH REGARD TO A PHYSICAL PRODUCT SOLD BY CHRISTIAN FAMILY CARE PARTIES TO YOU, OR ANY WARRANTY ON A PHYSICAL PRODUCT TO THE EXTENT REQUIRED BY APPLICABLE LAW; (II) CHRISTIAN FAMILY CARE PARTIES’ LIABILITY FOR PERSONAL INJURY TO YOU CAUSED BY CHRISTIAN FAMILY CARE PARTIES TO THE EXTENT NOT WAIVABLE OR CANNOT BE LIMITED UNDER APPLICABLE LAW; OR (III) ANY CAUSE OF ACTION YOU MAY HAVE AGAINST CHRISTIAN FAMILY CARE PARTIES THAT IS NOT WAIVABLE OR CANNOT BE LIMITED UNDER APPLICABLE LAW.



9. LIMITATIONS OF OUR LIABILITY

AS PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL ANY CHRISTIAN FAMILY CARE PARTIES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, including personal injury or death or for any direct, indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages of any kind, including without limitation loss of profits, in connection with, or otherwise directly or indirectly related to, without limitation, the Service, Content, Christian Family Care Licensed Elements, Submissions or other Christian Family Care products or services, except to the extent not waivable under applicable law, for direct damages for personal injury caused by a physical product manufactured, sold or provided by Christian Family Care.

The foregoing limitations of liability will apply even if any of the events or circumstances were foreseeable and even if Christian Family Care Parties were advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action based in contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of God, telecommunications failure, or destruction of the Service).

AS PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CHRISTIAN FAMILY CARE PARTIES’ TOTAL LIABILITY TO YOU, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SERVICE AND YOUR RIGHTS UNDER THESE TERMS, EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE PAID CHRISTIAN FAMILY CARE IN CONNECTION WITH THE TRANSACTION(S) THAT UNDERLIE THE CLAIM(S).



10. INDEMNITY

As permitted by applicable law, you agree to, and you hereby, defend (if requested by Christian Family Care), indemnify, and hold Christian Family Care Parties harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, and expenses (including attorneys’ fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against any Christian Family Care Party, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with: (i) your Submissions; (ii) your use of the Service and your activities in connection with the Service; (iii) your breach or alleged breach of these Terms or any applicable Additional Terms; (iv) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of the Service or your activities in connection with the Service; (v) information or material transmitted through your Device, even if not submitted by you, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (vi) any misrepresentation made by you; and (vii) Christian Family Care Parties’ use of the information that you submit to us (including your Submissions) subject to our Privacy Policy (all of the foregoing, “Claims and Losses”). You will cooperate as fully required by Christian Family Care Parties, in the defense of any Claim and Losses. Notwithstanding the foregoing, Christian Family Care Parties retain the exclusive right to settle, compromise, and pay all Claims and Losses. Christian Family Care Parties reserve the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of a Christian Family Care Party. This section is not intended to limit any causes of action against us that you may have but are not waivable under applicable law.



11. APPLICABLE LAW

These Terms and any applicable Additional Terms, General Disputes and IP Disputes, and any other claim brought by you against Christian Family Care or by Christian Family Care against you pursuant to this section, or otherwise related to the Service, Content, Christian Family Care Licensed Elements, Submissions or other Christian Family Care products or services, will be governed by, construed, and resolved in accordance with, the laws of the State of Arizona, U.S.A., without regard to its conflicts of law provisions that might apply the laws of another jurisdiction. This section shall be governed solely by the Federal Arbitration Act, 9 U.S.C. §1, et seq., and not by the law of any state, and is enforceable pursuant to its terms on a self-executing basis. You and Christian Family Care agree that we intend that this Section 10 satisfies the “writing” requirement of the Federal Arbitration Act. This Section 10 can only be amended by mutual agreement. Either party may seek enforcement of this section in any court of competent jurisdiction. The arbitrator shall determine all challenges to the arbitrability of a claim.



12. FEES

Our Learning Management Website offers various courses that require a fee for enrollment. The fees for each course will be clearly stated before you enroll. By enrolling in a course, you agree to pay the stated fee. We reserve the right to change the fees at any time but will provide notice before any changes take effect.



13. REFUNDS

If for any reason you are not satisfied with a course you have enrolled in, you may request a refund within 14 days of your enrollment. Requests for refunds must be made in writing to our support team. After the 14-day period, no refunds will be issued. Refunds may take up to 10 business days to process.



14. PARTICIPATION CANCELLATION

You may cancel your participation in a course at any time, but please note that no refunds will be issued for canceled participation. To cancel your participation, please contact our support team. We reserve the right to cancel your participation in a course for any reason, including but not limited to violation of our code of conduct.



15. SEVERABILITY, INTERPRETATION

If any provision of these Terms, or any applicable Additional Terms, is for any reason deemed invalid, unlawful, void, or unenforceable by a court or arbitrator of competent jurisdiction, then that provision will be deemed severable from these Terms or the applicable Additional Terms, and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms or the applicable Additional Terms. To the extent permitted by applicable law, you agree to waive, and will waive, any applicable statutory and common law that may permit a contract to be construed against its drafter.



16. QUESTIONS AND CONTACT INFORMATION

Privacy Compliance Officer

Email: [email protected]

Mail: Christian Family Care Agency, 2346 N. Central Avenue, Phoenix, AZ 85004

Approved by the President of Christian Family Care, September 6, 2023.