Last updated: August 26, 2020
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the https:www.ourfamilyencounter.com website and Our Family Encounter mobile application (the “Service”) operated by Miller Mediation and Solution, Inc. dba Our Family Encounter (“us”, “we”, or “our”).
Your access to use the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms than you may not access the Service.
Our Family Encounter grants you a non-exclusive, non-transferable, revocable license to gather, question and provide resources to you regarding different aspects of aging. All information shared will be held in confidence and will be kept private. Any notes collected during conversations will be shredded and destroyed. Only written and approved documentation will be kept of contact information of professionals who you have a business agreement with. Such documents may be stored on our website as well as aggregated details from taking surveys through our Website, strictly in accordance with our Legal Terms. You are responsible for providing accurate contact information for your emergency clients to connect with you.
Copyrights and Trademarks
Unless otherwise noted, all materials including without limitation, logos, brand names, images, designs, photographs, video clips and written and other materials that appear as a part of our Website are copyrights, trademarks, service marks, trade dress and/or other intellectual property whether registered or unregistered (“Intellectual Property”) owned, controlled or licensed by the Our Family Encounter.com. Our Website as a whole is protected by copyright and trade dress. Nothing on our Website, should be construed as granting, by implication, estoppel or otherwise, any license or right to use Intellectual Property displayed or used on our Website, without the prior written permission of the Intellectual Property owner. Our Family Encounter aggressively enforces intellectual property rights to the fullest extent of the law. The names and logos of Our Family Encounter, may not be used in any way, including in advertising or publicly pertaining to the distribution of materials on our Website, without prior, written permission from Our Family Encounter. Our Family Encounter prohibits use of any logo of Our Family Encounter or any of it’s affiliates as a part of a link to or from any Website unless Our Family Encounter approves such a link in advance and in writing. Fair use of Our Family Encounter’s Intellectual Property requires proper acknowledgement. Other product and company names mentioned in our Website may be the Intellectual Property of their respective owners. All videos, brand names, logos, designs, content, photographs and written material provided in your submission to promote your business, and that appear as a part of your Subscription, are exempt from any violation of “Intellectual Property” rights by Our Family Encounter.
Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring monthly basis based on the number of subscriptions you purchase. If you decide to end your Subscriptions, we need thirty days’ notice to make the changes.
If you are receiving services on an hourly basis, we will invoice you for your services rendered based on documentation provided by the Implementation Stewards or Escalation Stewards. Payment will be expected within 30 days. A late payment fee totaling 1.5% of your balance will accrue after 30 days. Our Family Encounter reserves the right to place a lien against your property for any unpaid balances.
Postings on our Website are made at such times as Our Family Encounter determines in its discretion. You should not assume that the information contained on our Website has been updated or contains current information. Each user needs to maintain their own information and keep it up to date. Our Family Encounter does not review past postings to determine whether they remain accurate and information contained in such postings may have been superseded. THE INFORMATION AND MATERIALS IN OUR WEBSITE ARE PROVIDED FOR YOUR REVIEW IN ACCORDANCE WITH THE NOTICES, TERMS AND CONDITIONS SET FORTH HEREIN. THESE MATERIALS ARE NOT GUARANTEED OR REPRESENTED TO BE COMPLETE, CORRECT OR UP TO DATE. THESE MATERIALS MAY BE CHANGED FROM TIME TO TIME WITHOUT NOTICE.
Links To Other Web Sites
Our Service contains links to Websites that are not owned or operated by Our Family Encounter. The purpose of our Service is to provide an equal access to businesses and services as needed to provide a comprehensive plan based on your wishes and income. Our Family Encounter does not monitor or control outside Websites and is not responsible for their content. Our Family Encounter inclusion of links to an outside Website does not imply any endorsement of the material on our Website or the outside company’s video or, unless expressly disclosed otherwise, any sponsorship, affiliation or association with its owner, operator or sponsor, nor does Our Family Encounter inclusion of the links or videos imply that Our Family Encounter is authorized to use any trade name, trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the linked website or video.
We Will Not Sell Services to Third Parties
We are committed to provide confidential services to our customers. While we may collect marketing information and analytics on how customers interact with referrals and to maintain documents to be provided to Emergency contacts, we will not provide that information to any third-party.
We issue refunds for cancelled subscriptions within 30 days (prorated) of written cancellation request received.
Our Family Encounter reserves the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
No Warranties; Exclusion of Liability; Indemnification
OUR WEBSITE IS OPERATED BY OUR FAMILY ENCOUNTER ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, OUR FAMILY ENCOUNTER SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGMENT FOR OUR WEBSITE AND ANY CONTRACTS AND SERVICES YOU PURCHASE THROUGH IT. OUR FAMILY ENCOUNTER SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMMISSIONS IN THE CONTENT OF OUR WEBSITE, FOR CONTRACTS OR SERVICES SOLD THROUGH OUR WEBSITE, FOR YOUR ACTION OR INACTION IN CONNECTIN WITH OUR WEBSITE OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE THAT MAY OCCUR IN CONNECTION WITH OUR WEBSITE. YOUR USE OF OUR WEBSITE AND ANY CONTRACTS OR SERVICES ARE AT YOUR OWN RISK. IN NO EVENT SHAT EITHER OUR FAMILY ENCOUNTER OR THEIR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, OR SPECIAL OR CONSQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OUR WEBSITE, CONTRACTS AND SERVICES PURCHASED THROUGH OUR WEBSITE, THE DELAY OR INABILITY TO USE OUR WEBSITE OR OTHERWISE ARISING IN CONNECTION WITH OUR WEBSITE, CONTRACTS OR RELATED SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. IN NO EVENT SHALL OUR FAMILY ENCOUNTER LIABILITY FOR ANY DAMAGE CLAIM EXCEED THE AMOUNT PAID BY YOU TO OUR FAMILY ENCOUNTER FOR THE TRANSACTION GIVING RISE TO SUCH DAMAGE CLAIM.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTIAL OR CONSQUENTIAL DAMANGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
WITHOUT LIMITING THE FOREGOING, OUR FAMILY ENCOUNTER DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THE WEBSITE IS ACCURATE, COMPLETE, RELIABLE USEFUL, TIMELY OR CURRENT OR THAT OUR WEBSITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR.
YOU AGREE THAT YOU WILL OWN THE ACCURATE AND TIMELY UPDATES TO YOUR PROFILE, VIDEO CONTENT AND CONTACT INFORAMTION.
OUR FAMILY ENCOUNTER MAKES NO RESPRESENTATION THAT CONTENT PROVIDED ON OUR WEBSITE, CONTRACTS, OR RELATED SERVICES ARE APPLICABLE OR APPROPRIATE FOR USE IN ALL JURISDICTIONS.
You agree to defend, indemnity and hold Our Family Encounter harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees arising from or related to your use of our Website or any Subscriptions or any Contracts or Services you purchase through it.
If you have any questions about these Terms, please contact us.