FamilyRack Terms of Service

By using the FamilyRack (FamilyRack.com) web site ("Service"), or any services of "FamilyRack", you are agreeing to be bound by the following terms and conditions ("Terms of Service"). FamilyRack reserves the right to update and change the Terms of Service from time to time without notice. Any new features that are added to the current Service shall also be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the User Agreement at any time at: FamilyRack.com/terms-of-service. You should review the Terms of Service from time to time for updates and changes. Violation of any of the terms below will result in the termination of your Account. You agree to use the Service at your own risk.

Account Terms

• You must be 18 years or older to use this Service.
• You must provide your full name, a valid email address, and any other information requested in order to complete the signup process.
• Your username and password may only be used by one person.
• Your are responsible for keeping your account and password secure. FamilyRack cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password.
• You are responsible for all Content and activity that occurs under your Service account.
• You may not use the Service for any illegal or unauthorized purpose.
• You must not voilate any laws in your jurisdiction by using the Service.

General Conditions

• Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis.
• Technical support is only provided to paying account holders and is only available via email.
• You understand that FamilyRack uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
• We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
• You must not transmit any worms or viruses or any code of a destructive nature.
• You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
• You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by FamilyRack.
• You understand that your Content may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
• FamilyRack does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
• You retain ownership of all content that you provide to the Service. However, you agree to allow others to view your public content, including but not limited to Menus.
• You expressly understand and agree that FamilyRack shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if FamilyRack has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
• The failure of FamilyRack to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and FamilyRack and govern your use of the Service, superceding any prior agreements between you and FamilyRack (including, but not limited to, any prior versions of the Terms of Service).
• Verbal, physical, written or other abuse (including threats of abuse) of any FamilyRack customer, employee, member, or officer will result in immediate account termination.
• FamilyRack reserves the right to refuse service to anyone for any reason at any time.
• FamilyRack reserves the right to modify or terminate the Service for any reason, with or without notice, at any time.
• Questions about the Terms of Service should be sent to support at info@familyrack.com.

Modifications to the Service and Prices

• FamilyRack reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
• Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Service site (familyrack.com) or the Service itself.
• FamilyRack shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Payments, Refunds, Upgrading and Downgrading

• A valid credit card is required for paying accounts. Free accounts are not required to provide a credit card number.
• The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account.
• All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
• For any upgrade or downgrade in plan level, the credit card that you provided will automatically be charged the new rate on your next billing cycle.
• Downgrading your Service may cause the loss of Content, features, or capacity of your Account. FamilyRack does not accept any liability for such loss.

Cancellation and Termination

• You are solely responsible for properly canceling your account. You can cancel your account at any time by clicking on the Account link in the global navigation bar at the top of the screen. The Account screen provides a cancellation link. An email or phone request to cancel your account is not considered cancellation.
• All of your Content will be immediately deleted from the Service upon cancellation. This information can not be recovered once your account is cancelled.
• Your cancellation will take effect immediately and you will not be charged again.
• Verbal, physical, written or other abuse (including threats of abuse) of any FamilyRack customer, employee, member, or officer will result in immediate account termination.
• FamilyRack reserves the right to modify or terminate your Service for any reason, with or without notice, at any time.