THESE TERMS OF USE ARE EFFECTIVE ON December 1, 2020.
By accessing or using The Father’s Table L.L.C. website (the “Website”), you agree to be bound by these terms of use (“Terms of Use”). The Website is owned or controlled by The Father’s Table L.L.C. (“The Father’s Table”). These Terms of Use affect your legal rights and obligations. If you do not agree to be bound by all of these Terms of Use, do not access or use the Website.
TERMS AND CONDITIONS GOVERNING YOUR USE OF THE WEBSITE
You may not use the Website for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, international, federal, state, local and provincial) applicable to your use of the Website, including but not limited to, copyright laws. You shall not use this Website in any manner with the intent to interrupt, damage, disable, overburden, or impair this Website, or interfere with any other party’s use and enjoyment of this Website, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests. You may not, without our express written, prior permission, access, monitor, or copy any content or information on this website using any data mining, robot, spider, scraper, or other automated means or any manual process for any purpose; take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure; use any device, software, computer code, or virus to interfere or attempt to disrupt or damage this website; decompile, reverse engineer, modify, or disassemble any of the software on this Website; deep-link to any portion of this website for any purpose; or “frame,” “mirror,” or otherwise incorporate any part of the Website into any other website. You agree to cooperate with us to prevent any unauthorized hacking of the Website or unauthorized use thereof. You may not exploit software errors to manipulate the system. You may not use this Website to publish, disseminate, or submit any defamatory, offensive, or illegal material. You shall not obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through this Website.
We reserve the right to modify or terminate the Website for any reason, without notice, at any time, and without liability to you.
We reserve the right, in our sole discretion, to change these Terms of Use (“Updated Terms”) from time to time. You agree that we may notify you of the Updated Terms by posting them on the Website, and that your use of the Website after the effective date of the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms of Use and any Updated Terms before using the Website. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Website from that point forward. These Terms of Use will govern any disputes arising before the effective date of the Updated Terms.
There may be links from the Website to third-party web sites or features. There may also be links to third-party web sites or features in images or comments within the Website. Functionality on the Website may also permit interactions between the Website and a third-party web site or feature, including applications that connect the Website with a third-party web site or feature. The Father’s Table does not control any of these third-party web services or any of their content. Third party links are provided as a convenience to you and are limited to those that meet The Father’s Table’s purpose. The inclusion of a link does not necessarily indicate or imply an endorsement of any linked website by The Father’s Table, its content, or any merchandise or service provided therein. The Father’s Table makes no representations regarding the content or accuracy of any other website which you may access through the Website. You expressly acknowledge and agree that The Father’s Table is in no way responsible or liable for any such third-party services or features, including for any content, advertising, services, products, or other materials on or available from third-party websites or resources. We are also not 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 third-party content, goods or services available on or through any third-party website or resource. Your correspondence and business dealings with third parties found through the Website are solely between you and the third party.
The Website, including all text, graphics, logos, button icons, images, audio clips, software, trademarks, copyrighted information, or any other material displayed on or contained within this website (collectively, the “Content”), and the collection, arrangement, and assembly of the Content, is owned or licensed by The Father’s Table and is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and The Father’s Table, The Father’s Table owns and retains all rights in such content and the Website. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Content on this Website and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Content without the express written permission of The Father’s Table. The Father’s Table respects the intellectual property of others. If you believe that your work has been copied in a way that violates your rights, please provide us the information necessary to evaluate your claim and respond appropriately.
The Father’s Table name and logos are trademarks of The Father’s Table, and may not be copied, imitated or used, in whole or in part, without the prior express written permission of The Father’s Table.
Although it is The Father’s Table’s intention for the Website to be available as much as possible, there will be occasions when the Website may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. Also, The Father’s Table reserves the right to remove any content from the Website for any reason, without prior notice.
It is The Father’s Table’s policy not to accept or consider content, information, ideas, suggestions or other materials. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, The Father’s Table does not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas so transmitted. If, despite our policy, you choose to send us content, information, ideas, suggestions, or other materials, you further agree that The Father’s Table is free to use any such content, information, ideas, suggestions or other materials, for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to you.
DISCLAIMER OF WARRANTIES
THE WEBSITE, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER THE FATHER’S TABLE NOR ANY OF ITS EMPLOYEES, MANAGERS, OFFICERS, CONTRACTORS, REPRESENTATIVES, OR AGENTS (COLLECTIVELY, THE “THE FATHER’S TABLE PARTIES”) MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO THE WEBSITE OR ITS CONTENT. IN ADDITION, THE FATHER’S TABLE PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
THE FATHER’S TABLE PARTIES DO NOT REPRESENT OR WARRANT THAT THE WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE FATHER’S TABLE PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE WEBSITE IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE FATHER’S TABLE PARTIES DO NOT WARRANT THAT YOUR USE OF THE WEBSITE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE FATHER’S TABLE PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOU AND THESE TERMS OF USE.
BY ACCESSING OR USING THE WEBSITE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE WEBSITE.
THE FATHER’S TABLE PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.
LIMITATION OF LIABILITY; WAIVER
UNDER NO CIRCUMSTANCES WILL THE FATHER’S TABLE PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE (A) WEBSITE OR ITS CONTENT; (B) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE WEBSITE; (C) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE FATHER’S TABLE PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY’S USE OF THE SERVICE; (D) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (E) ANY ERRORS OR OMISSIONS IN THE WEBSITE’S OPERATION; OR (F) ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE FATHER’S TABLE PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE). IN NO EVENT WILL THE FATHER’S TABLE PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE FATHER’S TABLE PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00).
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF THE FATHER’S TABLE’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE FATHER’S TABLE PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE FATHER’S TABLE PARTIES.
BY ACCESSING THE WEBSITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF ANY STATE OR TERRITORY LAW, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
THE FATHER’S TABLE IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
PLEASE NOTE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
INDEMNIFICATION
To the fullest extent permitted by law, you agree to defend, indemnify and hold The Father’s Table Parties harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with any of the following, including as a result of your direct activities on the Website: (i) your access to or use of the Website; (ii) your breach or alleged breach of these Terms of Use; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities. You will cooperate as fully required by The Father’s Table in the defense of any claim. The Father’s Table reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of The Father’s Table.
GOVERNING LAW & VENUE
These Terms of Use are governed by and construed in accordance with the laws of the State of Florida, without giving effect to any principles of conflicts of law. Any claim arising out of or relating to this Website or these Terms of Use will be settled by individual, binding arbitration before a single arbitrator by telephone hearing or in Sanford, Florida (but only in the event that a telephone hearing is deemed to not be feasible by the arbitrator) in accordance with the rules of the American Arbitration Association. No arbitration proceeding shall be consolidated with, or joined in any way with, any other arbitration proceeding. Any and all proceedings to resolve claims will be conducted only on an individual basis and not in a class, consolidated, or representative action. You hereby waive the right to participate in a class action. The arbitrator shall have no authority to award any exemplary or punitive damages. Any dispute between the parties that is not subject to mandatory arbitration will be resolved exclusively in the state or federal courts located in Seminole County, Florida. You consent to venue in and jurisdiction in Seminole County, Florida and waive any right to a jury trial.
If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. The Father’s Table’s failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. No waiver of any of these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition. The Father’s Table reserves the right to change this dispute resolution provision, but any such changes will not apply to disputes arising before the effective date of the amendment.
ENTIRE AGREEMENT
If you are using the Website on behalf of a legal entity, you represent that you are authorized to enter into an agreement on behalf of that legal entity. These Terms of Use constitute the entire agreement between you and The Father’s Table and governs your use of the Website, superseding any prior agreements between you and The Father’s Table. You will not assign the Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of The Father’s Table. Any purported assignment or delegation by you without the appropriate prior written consent of The Father’s Table will be null and void. The Father’s Table may assign these Terms of Use or any rights hereunder without your consent. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid or otherwise unenforceable, the parties nevertheless agree that such portion will be deemed severable from these Terms of Use and will not affect the validity and enforceability of the remaining provisions, and the remaining provisions of the Terms of Use remain in full force and effect. Neither the course of conduct between the parties nor trade practice will act to modify the Terms of Use. These Terms of Use do not confer any third-party beneficiary rights.
BENEFITS TRANSPARENCY
This link leads to the machine readable files that are made available in response to the federal Transparency in Coverage Rule and includes negotiated service rates and out-of-network allowed amounts between health plans and healthcare providers. The machine-readable files are formatted to allow researchers, regulators, and application developers to more easily access and analyze data.