Disclaimer

Terms of Use

Effective Date: October 19, 2012

Welcome to Friendly House Inc. website. Friendly House maintains this website for your personal information, education and communication. Your access to and use of this website is subject to the following Terms of Use. These Terms of Use govern all websites owned and operated by Friendly House and its subsidiaries. Please read these Terms of Use carefully before accessing or using this website, so that you fully understand your rights and responsibilities. By accessing or using this website, you signify your agreement with these Terms of Use. These Terms of Use are agreed to by and between you and Friendly House. Please print a copy of these Terms of Use for your reference.

Friendly House reserves the right to modify or amend these Terms of Use at any time. Notice of changes to these Terms of Use will be communicated to you in advance. All changes shall be effective immediately upon their posting. Material changes will be posted conspicuously on this website. You agree that accessing or using the Website without objection to any changes constitutes your acceptance of the Agreement and any changes at that time.

Intellectual Property Rights

Copyright 2012 Friendly House All rights reserved.

All copyrightable text, audio, video, graphics, charts, photographs, icons, and the design, selection, and arrangement of content in any medium on this website are copyrighted by Friendly House, unless otherwise noted. The distinctive and original layout and presentation of this website also constitutes protectable trade dress under applicable federal law. This website may also contain references to third-party marks, and copies of third-party copyrighted materials, which are the property of their respective owners. Any unauthorized use of any trade dress, marks, or any other intellectual property belonging to Friendly House or any third party is strictly prohibited, and will be prosecuted to the fullest extent of the law.

Third Party Intellectual Property Rights

Friendly House respects the rights of intellectual property owners, and asks that its users do the same. If you believe that your work has been copied in a way that constitutes infringement, please provide Friendly House the following information, in the form prescribed by Section 512 of Title 17, United States Code:

  1. an electronic or physical signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. a description of the copyrighted work or works that you claim have been infringed;
  3. a description of the allegedly infringing material, including its location on the website;
  4. your address, telephone number, and e-mail address;
  5. 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; and
  6. 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 authorized to act on the copyright owner's behalf.

You and Friendly House understand and agree that: (1) Friendly House assumes no liability or responsibility for any content or material of any kind that is submitted for or posted on any interactive area on the website (including without limitation any bulletin boards, chat rooms, surveys on the website) by you or by any other users or third parties and (2) Friendly House is a publisher of any such content, and is acting solely as an Internet Service Provider as such term is defined in the Digital Millennium Copyright Act.

Third-Party Websites

This website may link to, or be linked to, other websites not maintained by or related to Friendly House. Such links are provided only as a service to our visitors. Friendly House is not, directly or indirectly, implying any approval, association, sponsorship, endorsement or affiliation with the linked or linking website, unless specifically stated therein. Friendly House has not reviewed all such websites and is not responsible for the content, accuracy, or policies of any such websites. Your linking to any other pages or websites is at your own risk. We encourage you to review the privacy policies of such websites before disclosing your personal information to them to understand your rights.

Donations

Contributions to Friendly House, a tax-exempt organization under Section 501(c)(3) of the Internal Revenue Code, are deductible. Friendly House uses generally accepted, industry-standard security systems, software, and encryption technologies to protect against unauthorized access to the Friendly House servers, equipment, and other components of our online presence. This includes using industry-standard security systems to protect credit card processing information.

No Liability

In no event shall Friendly House or any of its officers, representatives, directors, employees, consultants or agents be liable for any direct, indirect, punitive, special, incidental, exemplary or consequential damages or any damages whatsoever (including without limitation, damages for loss of use, data, information, profits or business interruption) arising out of or in any way related to the use or performance of this website or any linked website or to any material, information, data, products, or services obtained through this website, or otherwise arising out of your use of this website, your inability to use this website or any decision made or action taken by you in reliance of any information, advice or materials provided on this website, whether such damages are based in tort, contract, negligence, strict liability or otherwise, even if Friendly House has been advised of the possibility of such damages. Your sole and exclusive remedy is to discontinue your access to and use of the website. Some states do not allow the exclusion or limitation of incidental or consequential damages, so some of the above exclusions or limitations may not apply to you.

Warranty

Friendly House makes all commercially reasonable efforts to ensure that all material, information and data on this website is accurate and reliable; however, accuracy cannot be guaranteed. Except as expressly provided in these Terms of Use, this website is provided by Friendly House on an "AS IS" basis. Friendly House disclaims all warranties with respect to this website, including without limitation all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Friendly House makes no warranty or representation regarding the results that may be obtained from use of this website, or use of material, information or data downloaded or otherwise obtained from this website, or regarding the accuracy or reliability of any information obtained from this website. Friendly House does not warrant or guarantee (1) the accuracy, completeness, correctness, timeliness, or usefulness of this website or any material, information or data downloaded or otherwise obtained through use of this website or (2) that use of this website or any materials on this website will meet any users requirement by uninterrupted, timely, secure or error-free. FRIENDLY HOUSE shall have no responsibility for the timeliness, deletion, misdelivery or failure to store any user communication.

You acknowledge and agree (1) that your use of this website is at your own discretion and risk, (2) that use of any material, information or data downloaded or otherwise obtained through the use of this website is at your own discretion and risk, and (3) that you are solely responsible for any damage to your computer system for loss of data that results from the download of such material, information or data, and for any other form of damage that may be incurred. Friendly House does not warrant or guarantee that files or other materials and information available through this website will be free of infections, viruses, worms, Trojan horses or other code that could be harmful to your computer system. None of the parties involved in creating, producing, or delivering this website or its content, including without limitation Friendly House, shall be liable to users of this website for any damage resulting from use of this website or use of material, information or data downloaded or otherwise obtained from this website, nor are such parties in any way responsible for the conduct of users of this website or for information posted or exchanged on this website.

No advice or information, whether oral or written, obtained by you from Friendly House or in any manner from this website shall create any warranty.

Indemnification

You agree to indemnify, defend and hold harmless Friendly House, its officers, representatives, directors, employees, consultants and agents from any and all losses, expenses, third-party claims, liabilities, damages and costs (including without limitation attorneys' fees) arising from or related to your use of this website, your use of any material, information or data downloaded or otherwise obtained from this website, or your violation of these Terms of Use, including without limitation, your infringement of any intellectual property or other right of Friendly House or any other person or entity.

Interpretation and Disputes

These Terms of Use are governed by the laws of the United States and the State of Arizona, without regard to any conflict of law provisions. Venue shall be proper exclusively in Maricopa County, Arizona with respect to any dispute arising under these Terms of Use, unless otherwise specifically agreed by Friendly House in its sole discretion. In the event of any dispute, the prevailing party shall be entitled to recovery of its reasonable attorneys' fees and costs. If any provision of these Terms of Use is deemed unenforceable or invalid by a court or arbitrator, then the court or arbitrator shall modify such provision to the minimum extent necessary to make such provision enforceable and valid. Should such modification prove impossible or impracticable then the provision shall be severed and the remaining terms of these Terms of Use shall be interpreted and read to give them maximum enforceability. Any cause of action or claim with respect to this website must be commenced within one (1) year after the action or claim arises.

Contacting Us

If you have any other questions or concerns regarding these Terms of Use, please contact us at:
Friendly House Inc.
P.O. Box 3695
Phoenix, AZ 85030

Electronic Disclosure Agreement

By accessing, using or purchasing products through this website, you hereby agree to the above Terms of Use and the Friendly House Privacy Policy. These documents constitute the entire agreement between you and Friendly House with respect to the subject matter discussed and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding this subject matter. The Terms of Use and Friendly House Privacy Policy will inure to the benefit of Friendly House's successors, assigns and licensees. Please make sure to print a copy of for your records.