Please read these Terms of Service ("Terms", "Terms of Service" or this "Agreement") carefully before accessing the website www.family-first.com  or otherwise using the online or offline services (collectively the "Service") operated by Family First ("us", "we", or "our"). This Agreement sets forth the legally binding terms governing access to and use of the Service. Your ("you", "your" or "user") access to and use of the Service is conditioned upon your acceptance of and compliance with this Agreement. This Agreement applies to all visitors, users, and others who wish to 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, you do not have permission to access the Service. In addition, by accessing or using the Service, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement, and that you will so abide. In such a case, "you", "your" and "user" shall refer to that entity. PLEASE SEE SECTIONS 12-14 BELOW REGARDING YOUR LEGAL RIGHTS IN ANY DISPUTE INVOLVING OUR SERVICES, INCLUDING MANDATORY ARBITRATION AND A WAIVER OF RIGHTS TO A JURY TRIAL OR CLASS ACTION. 

This Agreement serves as a supplement to Family First’s other policies, including but not limited to its Privacy Policy. If you have entered into a specific agreement with us for certain services we provide, the terms of that agreement will control to the extent there is any conflict with these Terms. 

  1. Definitions
  • "Care Expert" — A Family First employee who serves as the primary point of contact with the member as part of their Case (defined herein). 
  • "Case — An online account for the member to manage the care of a Care Recipient. 
  • "Care Recipient" — The individual  For whom a Care Expert is assisting a Caregiver to support. 
  • "Care Associate" — A Family First employee whose participates in a Case being managed by the Care Expert. 
  • "Member" — An individual who participates in managing a Care Recipient's care using the Service, also referenced as a caregiver. 
  • “Support Network” – individuals invited by the member or on behalf of the member, who participates in managing the care of a Care Recipient. 
  • A user is anyone who uses the service including but not limited to any other Care Expert, Caregiver, Care Recipient, Care Associate, support network member or Loved One. 
  1. General

The Service is owned, provided, and operated by Family First. Family First provides a telephonic and online service to assist caregivers managing the care of a loved one.  

  1. Modifications to Terms

We may modify the Agreement from time to time without notice to you. In the event of such change, we will post the updated Terms on this page and will update the last updated date at the bottom of this Agreement. The changes will take effect immediately (unless stated otherwise). You are solely responsible for familiarizing yourself with this Agreement and ensuring that you periodically review the Terms. Your continued use of the Service following such update will signify your consent to be bound by the modifications. If you do not agree with the changes, do not use the Service. 

  1. Use of the Service

(a) Use License 

We grant you a revocable, non-exclusive, non-sublicensable and non-transferable license to use the Service and Family First Content solely for the purposes of managing a Care Recipient's Case for a Care Recipient. We reserve the right to refuse service, terminate accounts, remove content, or edit content in our sole discretion. 

(b) Eligibility 

When you create an Account with us, you represent and warrant that you are at least 18 years of age and authorized to either (a) create a Case for the Care Recipient or (b) participate in a Case for the Care Recipient. We may, in our sole discretion, refuse to offer the Service or grant access to you or any other user (or amend your access to the Care Project) at any time and for any reason. 

(c) Accounts 

In order to use the Service, you must create a password-protected account ("Account"). Creating an Account requires you to provide your e-mail, name and a password. Your e-mail may not contain a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use an e-mail that is offensive, vulgar, or obscene. 

You are the sole authorized user of your Account, and you are responsible for keeping your Account safe and secure from unauthorized access. You accept responsibility for any and all activities or actions that occur under your Account. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your Account. Family First is not liable for any losses or harm that may be incurred by you or a third party that is due to unauthorized use of your Account. Users are responsible for maintaining the confidentiality of their login credentials and account security. You agree not to share your password or access credentials with others and to notify Family First immediately of any unauthorized use of your account. Family First is not responsible for any losses or damages arising from unauthorized access due to compromised user credentials. 

Users are prohibited from engaging in activities that could compromise the security of the Service, including but not limited to: 

  • Attempting to access accounts or data that do not belong to them. 
  • Using automated scripts, bots, or scraping tools to collect data. 
  • Introducing malware, viruses, or other harmful code into the system. 
  • Conducting penetration testing, hacking, or security vulnerability scans without written authorization from Family First. 

In addition, you represent and warrant that the information you provide us with respect to your Account is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your Account. You are responsible for maintaining the confidentiality of your Account and password, including but not limited to the restriction of access to your computer and/or Account. 

You hereby grant, subject to the Privacy Policy, Family First a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to use your information, in order to perform and improve upon the Service. 

(d) Restrictions 

  1. You represent and warrant that your actions and the information you provide, whether such information is provided via the Service, a telephone call, e-mail, or other communication (a) do not infringe, violate, or misappropriate any third party's copyright, patent, trademark, trade secret, or other proprietary right or rights of publicity or privacy; (b) will not violate any law, statute, ordinance, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising); (c) will not be defamatory, libelous, unlawfully threatening, or unlawfully harassing; (d) will not be obscene or contain child pornography or be harmful to minors; (e) will not contain any viruses, Trojan Horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or personal information; and (f) will not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other partners or suppliers. 
  1. In addition, you agree to refrain from engaging in the following types of behavior: (a) copyright or trademark infringement; (b) hacking; (c) privacy or confidentiality violations; (d) interfering with, interrupting, destroying, or limiting the functionality of the Service (including attempts to do any of the aforementioned); (e) harassment or stalking; (f) impersonating any person or entity; (g) access or use the Service by means of any automated program, expert system, electronic agent or “bot”; (h) scrape, copy, republish, license, or sell the information or the Service; or (i) encouraging anyone to engage in any of the aforementioned behaviors. 

The foregoing is not an exhaustive list of the types of conduct that are prohibited while you are using the Service. We reserve the right to take action as we deem necessary against any behavior we believe, in our sole discretion, violates this Agreement. 

(e) Invitations 

If you invite another person to use the Service, Family First will send invitations on your behalf to such person's e-mail address for the purpose of inviting them to use the Service. By providing Family First with such person's e-mail address, name and an optional message, you represent to us that you are authorized to share such invitee's e-mail address and name with us and you authorize us to invite them and to send them any message you include in your invitation and any reminders to join the Service. 

If a Care Expert invites another person to be a Support Network Member, said Support Network will be granted full access to all of the Care Recipient's information on the Service, and will be able to invite other individuals and entities to be Support Network Members or users. If you are a Support Network Member, you should be cautious to only invite individuals as Support Network Members if you want them to have access to all of the Care Recipient's information and to have the ability to give such access to others. Family First is not responsible for any accidental or unauthorized access granted to an individual or entity by a Caregiver, Care Recipient or Support Network member. 

NEITHER FAMILY FIRST NOR ANY OF OUR OWNERS, EMPLOYEES, CONTRACTORS, AGENTS, OFFICERS, DIRECTORS, AND LEGAL REPRESENTATIVES ARE RESPONSIBLE FOR THE ACTS OR OMISSIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICE, AND YOU HEREBY RELEASE FAMILY FIRST AND OUR OWNERS, EMPLOYEES, CONTRACTORS, AGENTS, OFFICERS, DIRECTORS, AND LEGAL REPRESENTATIVES FROM ANY LIABILITY, CLAIM, INJURY, LOSS, OR DAMAGE INCURRED BY YOU OR A THIRD PARTY ARISING OUT OF OR RESULTING FROM AN IMPROPER INVITATION THAT WAS SENT BY YOU OR ANOTHER USER. 

(f) Care Library Content 

From time to time, we may publish or make available to you content (including without limitation, articles, texts, guides, documents, data, images, interactive features, software, graphics, forms and videos) that we believe will help you in making healthcare decisions for the Care Recipient ("Content"). Care Library Content is protected by copyright, trademark, and other proprietary domestic and international laws. Family First exclusively owns all right, title, and interest in and to the Care Library Content. 

(g) The Service 

The Service includes a technology platform that allows individuals to manage the care of their family members, themselves, or others. You agree not to hold Family First liable for any losses or damages that may be incurred by you or a third party as a result of your use of the Service. In addition, in the event that you agree to use a Care Expert through Family First, you understand and agree that Family First is not a party to any contract or agreement between you and the Care Expert. In addition, you understand and agree that Family First does not provide any medical advice or treatment, and that if you or a third party require medical care you should seek such care from a medical provider. 

Family First employs industry-standard security practices, including but not limited to data encryption (AES-256), multi-factor authentication (MFA) for internal access, and regular security audits. While we take reasonable precautions to secure user data, we cannot guarantee absolute security of user information and are not responsible for unauthorized third-party access. 

In the event of a security breach that compromises personal data, Family First will take reasonable measures to investigate and mitigate the incident. If legally required, we will notify affected users via email or other appropriate means, and we will comply with all applicable laws regarding breach disclosure and response procedures. 

We reserve the right to suspend or terminate user accounts without notice if we detect unauthorized access attempts, security breaches, or activities that violate our security policies. If your account is terminated due to security concerns, you may contact us at security@family-first.com for further review. 

Family First engages with third-party service providers to enhance our platform. These providers are contractually required to comply with industry-standard security measures and applicable data protection laws. However, Family First is not liable for any security breaches that originate from third-party integrations. 

WHILE FAMILY FIRST SCREENS AND RUNS BACKGROUND CHECKS ON CARE EXPERTS, FAMILY FIRST DOES NOT MAKE ANY GUARANTEES AND DISCLAIMS ALL WARRANTIES AS TO THE RESULTS OF YOUR WORK WITH CARE EXPERTS. ALTHOUGH FAMILY FIRST RUNS BACKGROUND CHECKS ON PARTNERS IT COORDINATES WITH AND AT THE REQUEST OF ITS USERS THROUGH A THIRD-PARTY SERVICE, FAMILY FIRST DOES NOT SCREEN OR RUN BACKGROUND CHECKS ON ANY OTHER THIRD-PARTIES IT RECOMMENDS TO YOU OR COORDINATES WITH IN CONNECTION WITH THE SERVICE AND DISCLAIMS ALL WARRANTIES WITH RESPECT TO SUCH THIRD-PARTIES. YOU AGREE NOT TO HOLD US LIABLE, OR MAKE ANY CLAIMS AGAINST US BASED ON ANY ACTIONS OR OMISSIONS OF A CARE EXPERT OR ANY THIRD-PARTY RECOMMENDED OR COORDINATED BY US. 

(h) Availability of the Service 

We reserve the right to makes changes to the offerings and functionality of the Service without prior notice to you. We may also limit, restrict, or remove the features offered on the Service. In our sole discretion, we may limit, suspend, or terminate Accounts if they violate this Agreement. We also reserve the right to deny access to the Service to anyone for any reason. 

  1. Payments

(a) Sponsored Programs 

In order to use our Service, Family First charges a fee ("Fee") paid for by an employer or by a third-party. In the event the Fee is covered by your employer or a third-party, the terms of such payment will be governed by a separate agreement entered into between Family First and your employer/third-party.  

(b) Paid Service 

In some instances we may offer our Service to you directly subject to applicable fees (“Paid Service”). We will notify you of applicable fees and payment schedule for the Paid Service. We may change the applicable fees at any time in our sole discretion, and will notify you if such a change will affect your existing subscription. If you receive a free trial, discount or other promotional offer from us, at the end of the applicable free/discounted period we may automatically and without notice renew your subscription to such Paid Service at the then-current applicable fee. 

You agree to provide current, complete, and accurate payment information for all purchases, so that we can complete your transactions and contact you as needed. We may store a tokenized copy of your payment information for future transactions if you permit or agree to recurring payments. If your selected payment method is cannot be charged for any reason (e.g., expired), you authorize us to use any credit or other payment method stored in your account. All payments must be in U.S. dollars unless otherwise specified.  

Fees are exclusive of applicable taxes. If we are obligated to collect or pay taxes for the Paid Service, we may charge you for such taxes and they will be reflected in the transaction.  

ALL PAID SERVICE PURCHASES ARE FINAL AND NON-REFUNDABLE EXCEPT TO THE EXTENT EXPRESSLY PROVIDED OTHERWISE. 

(c) Subscription Auto-Renewals 

The Paid Service is generally provided on a subscription basis (“Subscription”) including an automatic renewal option by default.  Unless you turn off the auto-renewal option, the Paid Service will automatically renew upon the end of each Subscription period for an equivalent renewal period and, unless we notify you otherwise, at the same price (subject to applicable taxes changes and excluding any discount or other promotional offer that may have been provided for the first period).  

We will attempt to automatically charge you the applicable fees on the agreed upon payment cycle (e.g., monthly, annually) using the payment method in your Account, within up to two (2) weeks before such renewal period commences. In the event of failure to collect the Paid Service fees, we may, at our sole discretion (but shall not be obligated to) retry to collect at a later time, and/or suspend or cancel your Account, without further notice. 

By entering into these Terms and by purchasing a Subscription, you acknowledge and agree that the Subscription shall automatically renew in accordance with the above terms. You may turn off the auto-renewal option at any time via your Account or by contacting us as provided below. 

(d) Other Payment Terms 

If at any time, we record a decline, chargeback or other rejection of a charge of any payable fees (a “Chargeback”), it may be considered as a breach of payment obligations, and use of the Paid Service may be disabled or terminated.  

If you have any questions or concerns regarding a payment made by you to us, we encourage you to first contact us as provided below before filing a Chargeback or reversal of payment, in order to prevent the Paid Service from being canceled and your Account being blocked, and to avoid the filing of an unwarranted or erroneous Chargeback. We reserve our right to dispute any Chargeback received, including by providing the relevant credit card company or financial institution with any information and documentation proving that the user is responsible for such Chargeback and did, in fact, authorize the transaction and received or made use of the services rendered thereafter.  

You may discontinue to use and request to cancel your Account and/or any Paid Service at any time, in accordance with these Terms. The effective date and time for such cancellation for a Paid Service shall be at the end of such Paid Service’s current Subscription period. Please note that a cancellation request may take a few days, in order to avoid the next automatic renewal and respective charge. 

THE TERMS AND CONDITIONS IN THIS SECTION 5 ARE ONLY AS BROAD AS PERMITTED BY LAW AND DO NOT AFFECT ANY STATUTORY RIGHTS YOU MAY HAVE. 

  1. Privacy

In connection with your access to or use of the Services, we may obtain information from or about you. We will use your information in accordance with our, which describes our privacy practices as well as choices you may have with respect to the collection and processing of some of your information. Please take a moment to review our Privacy Policy. The Privacy Policy is incorporated into this Agreement and forms part of the Agreement. 

  1. Intellectual Property

The Service, its content, features, functionality, text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces, Care Library Content, and other content features and functionality (collectively "Proprietary Material") that you see or read on the Service is exclusively owned by us or our licensors. Proprietary Material is protected by copyright, trademark, and other laws of both the United States and foreign countries. Proprietary Material may not be used in connection with any product or service without the prior written consent of Family First. Our service and trademarks, including without limitation, the name "Family First" and our logos, are service marks owned by us. You may not copy or use any of these marks, logos, or trade names without our prior written consent. 

  1. Third Parties

Our Service may recommend, coordinate services with and/or contain links to third party websites or services that are not owned, operated, or controlled by Family First ("Third Parties") (e.g. Family First may coordinate transportation options for a Care Recipient using a Third Party). We do not have any control over, and assume no responsibility for, the content, privacy policies, offerings, actions, omissions or practices of any such Third Parties, and you access and use them at your own risk. 

WE DO NOT WARRANT AND DISCLAIM ALL WARRANTIES WITH RESPECT TO THE OFFERINGS OF ANY THIRD PARTIES OR THE OWNERS AND OPERATORS OF SUCH THIRD PARTIES. YOU ACKNOWLEDGE AND AGREE THAT FAMILY FIRST SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS, OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD PARTIES. WE STRONGLY ADVISE YOU TO READ THE TERMS AND CONDITIONS AND PRIVACY POLICIES OF ANY THIRD PARTY THAT YOU USE OR VISIT AND YOU DO SO AT YOUR OWN RISK. 

  1. Google Places API Web Service

The Service makes use of the Google Places API Web Service (more specifically the Place Autocomplete Service ). By using the site, you are bound by  Google's Terms of Service. 

  1. Feedback

If you provide us any feedback or suggestions for improving or regarding your use of the Service ("Feedback"), you hereby assign to Family First all rights in the Feedback and agree that Family First shall have the right to use such Feedback and related information in any manner it deems appropriate. Family First will treat any Feedback you provide to Family First as non-confidential and non-proprietary. You agree that you will not submit to Family First any information or ideas that you consider to be confidential or proprietary. 

  1. Warranty Disclaimer

YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE. FAMILY FIRST, ITS SUBSIDIARIES, AFFILIATES, AND EACH OF THEIR RESPECTIVE LICENSORS DO NOT WARRANT THAT (A) THE SERVICE WILL FUNCTION UNINTERRUPTED, SECURE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) THE SERVICE WILL BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS WILL BE CORRECTED; (C) THE SERVICE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. CARE EXPERTS ARE NOT LAWYERS, ACCOUNTANTS, FINANCIAL ADVISORS, DOCTORS, NURSES OR OTHER HEALTH CARE PRACTITIONERS, AND ANY COMMUNICATION WITH THEM DOES NOT CONSTITUTE LEGAL, MEDICAL, OR FINANCIAL ADVICE. THE USE OF CARE LIBRARY CONTENT DOES NOT REPLACE THE NEED TO SPEAK WITH A LAWYER, ACCOUNTANT, FINANCIAL ADVISOR, OR HEALTH CARE PRACTITIONER ABOUT A CARE RECIPIENT’S NEEDS AND FAMILY FIRST EXPRESSLY DISCLAIMS ANY LIABILITY THAT MAY ARISE BETWEEN A USER AND A CARE EXPERT OR ANY OTHER USER. 

  1. Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT WE ARE ONLY WILLING TO PROVIDE THE SERVICE TO YOU IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND THIRD PARTIES. THEREFORE, YOU AGREE NOT TO HOLD FAMILY FIRST, NOR OUR OWNERS, EMPLOYEES, CONTRACTORS, AGENTS, OFFICERS, DIRECTORS, LEGAL REPRESENTATIVES, SUPPLIERS, OR AFFILIATES LIABLE FOR ANY CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS, DEBTS, AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEY’S FEES) (COLLECTIVELY, “LIABILITIES”) RESULTING FROM OR ARISING OUT OF (I) YOUR USE OF OR INABILITY TO USE THE SERVICE INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT THAT IS SEXUAL OR OTHERWISE, ACTS OF PHYSICAL VIOLENCE, AND DESTRUCTION OF PERSONAL PROPERTY), ANY DISPUTE WITH ANY USER; (II) ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY US OR OUR AFFILIATES OR LICENSORS OR ANY CARE EXPERT; (III) ANY DESTRUCTION OF YOUR INFORMATION; ANY CONTENT OBTAINED FROM THE SERVICE OR (IV) ANY UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. 

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL FAMILY FIRST, NOR OUR OWNERS, EMPLOYEES, CONTRACTORS, AGENTS, OFFICERS, DIRECTORS, LEGAL REPRESENTATIVES, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM OR ARISING OUT OF (I) YOUR USE OF OR INABILITY TO USE THE SERVICE INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT THAT IS SEXUAL OR OTHERWISE, ACTS OF PHYSICAL VIOLENCE, AND DESTRUCTION OF PERSONAL PROPERTY), ANY DISPUTE WITH ANY USER; (II) ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY US OR OUR AFFILIATES OR LICENSORS OR ANY CARE EXPERT; (III) ANY DESTRUCTION OF YOUR INFORMATION; ANY CONTENT OBTAINED FROM THE SERVICE OR (IV) ANY UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. 

IN THE EVENT THAT FAMILY FIRST IS FOUND LIABLE FOR DAMAGES ARISING OUT OF YOUR USE OF THE SERVICE, IN CALCULATING OUR MAXIMUM AGGREGATE LIABILITY, YOUR RECOVERY IS LIMITED TO THE AMOUNT YOU ACTUALLY PAID TO FAMILY FIRST FOR THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE UPON WHICH THE CLAIM AROSE. 

TO THE EXTENT APPLICABLE, YOU HEREBY WAIVE THE PROTECTIONS OF CALIFORNIA CIVIL CODE § 1542 (AND ANY ANALOGOUS LAW IN ANY OTHER APPLICABLE JURISDICTION) WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." 

The provisions in these Terms are intended to be only as broad and inclusive as is permitted by the laws of your state of residence. We reserve all rights, defenses and permissible limitations under the law of your state of residence. 

  1. Arbitration

Excluding claims by us for injunctive or other non-monetary relief, any and all disputes between you and Family First arising under or related in any way to this Agreement, must be resolved through binding arbitration as described in this section. This agreement to arbitrate is intended to be interpreted broadly. It includes, but is not limited to, all claims and disputes relating to your use of the Service. 

We are reachable via the contact information at the end of these Terms to address any concerns you may have regarding your use of the Service. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations, which shall be a precondition to you initiating a lawsuit or arbitration against us. Any matter or dispute relating in any way to your use of the Service or these Terms, which is not so resolved shall be submitted to binding confidential arbitration as provided below. 

YOU AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND FAMILY FIRST ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. EXCEPT FOR CONSOLIDATED ARBITRATION UNDER THE CIRCUMSTANCES PROVIDED BELOW, YOU AND FAMILY FIRST AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. 

The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association ("AAA"), as modified by this section. For any claim where the total amount of the award sought is $10,000 or less, the AAA, you and Family First must abide by the following rules: (a) the arbitration shall be conducted solely based on written submissions; and (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. If the claim exceeds $10,000, the right to a hearing will be determined by the AAA rules, and the hearing (if any) must take place in New York, NY. The arbitrator's ruling is binding and may be entered as a judgment in any court of competent jurisdiction. In the event this agreement to arbitrate is held unenforceable by a court, then the disputes that would otherwise have been arbitrated shall be exclusively brought in the state or federal courts located in New York City, New York.  

In the event that five (5) or more individuals seek to initiate (or do initiate) litigation or arbitration proceedings against us in a coordinated or related manner (e.g., coordination among plaintiffs or their counsel in regard to similar claims), then instead of such arbitrations being administered by AAA, we may elect in our sole discretion to consolidate such arbitrations before an arbitrator mutually agreed-upon by the parties (and terminate any pending administration by AAA), with such arbitrator being a retired federal or state judge and experienced with the subject matter of the arbitration. 

  1. Indemnification

You agree to defend, indemnify, and hold harmless Family First, our licensees, licensors, and each of our and their respective owners, employees, contractors, agents, officers, directors, and legal representatives from and against any and all claims, damages, obligations, losses, liabilities, costs, debt, and expenses (including but not limited to attorney’s fees), whether brought by third parties or otherwise, resulting from or arising out of (a) your use of and access to the Service, by you or any person using your Account and password including any Care Team Member you invite to use the Service; (b) a breach of these Terms; and (c) your violation of any law or the rights of a third party. 

  1. Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you. 

  1. Termination

This Agreement is effective until terminated by you or Family First. 

We may terminate or suspend your Account and bar access to the Service immediately, without prior notice or liability, in our sole discretion, without limitation, for any reason or no reason whatsoever, including but not limited to for a breach of the Terms. 

If you wish to cancel your Account, you may do so by discontinuing to use the Service. All provisions of the Terms that by their nature shall survive closure of your Account or termination of this Agreement, shall survive cancellation of your account or termination of these Terms, including, without limitation, ownership provisions, warranty disclaimers, indemnity, feedback, and limitations of liability. 

  1. Governing Law

These Terms shall be governed and construed in accordance with the laws of the State of New York and the United States, without regard to its choice of law principles. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Transaction Act (UCITA) are expressly excluded from these Terms. 

  1. Severability

If any provision of this Agreement is held illegal or unenforceable in a judicial proceeding, such provision shall be severed and shall be inoperative, and the remainder of this Agreement shall remain operative and binding. 

19. Waiver 

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. 

  1. Assignment

This Agreement is not assignable, transferable, or sublicensable by you without our prior written consent. We may assign or transfer this Agreement to a third party without your consent. This Agreement will inure to the benefit of Family First, our successors, and assigns. 

  1. Headings

The section and paragraph headings contained in this Agreement are for convenience only and shall not affect the interpretation of this Agreement. 

  1. Agency

No agency, joint venture, partnership, or employment relationship is created as a result of this Agreement, and neither party has any authority to bind the other to any agreement. 

  1. Entire Agreement

This Agreement constitutes a single integrated contract expressing the entire agreement between you and Family First with respect to the subject matter hereof, and supersedes all prior and contemporaneous oral and written agreements and discussions with respect to the subject matter hereof, and, except as specifically set forth herein, there are no other agreements, representations, promises or inducements, written or oral, express or implied, between the parties hereto with respect to the subject matter hereof. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use the website. Care Experts may be subject to a separate agreement with Family First. 

Our Service is intended for use in the United States, and we make no representation that the Service is appropriate or available for use in other jurisdictions outside the United States. Access to any of the Service from jurisdictions where such access is illegal is strictly prohibited. If you choose to access the Service from other jurisdictions, you do so at your own risk. You are always responsible for your compliance with applicable laws. 

  1. Contact

If you have any questions about these Terms, please contact us at: 

Family-First.com 
6 Liberty Sq #2171 
Boston, MA 02109 

By phone: (877) 585-7090

support@family-first.com