Effective Date: December 31, 2024

Welcome to the Southwest Supervised Parenting Alliance (SWSPA) website, located at www.southwestsupervisedparentingalliance.wildapricot.org] (the "Site"). These Terms of Use ("Terms") govern your access to and use of the Site. By accessing or using the Site, you agree to be bound by these Terms¹ and our Privacy Policy. If you do not agree to these Terms, please do not use the Site.²

1. Acceptance of Terms

By accessing and using this Site, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use,³ as well as any additional terms and conditions that are referenced herein or that⁴ may apply to specific sections of the Site or to products and services available through the Site.

2. Changes to Terms⁵

SWSPA reserves the right, at its sole discretion, to change, modify, add, or remove portions of these Terms of Use at any time. It is your responsibility to check these Terms periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept⁶ and agree to the changes.

3. Use of the Site

The content on this Site is for your general information and use only. It is subject to change without notice.

a. Permitted Use: You may use the Site for lawful purposes only. You may access and use the information and services provided on the Site for personal, non-commercial use, or for legitimate business purposes related to supervised visitation services.

b. Prohibited Use: You agree not to:

* Use the Site in any way that violates any applicable local, state, national, or international law or regulation.

* Use the Site to transmit7 any unsolicited or unauthorized advertising or promotional material, or any other form of similar solicitation (spam).8

* Impersonate or attempt to impersonate SWSPA, an SWSPA employee, another user, or any other person or entity.

* Engage in any conduct that restricts or inhibits anyone's use or enjoyment of9 the Site, or which, as determined by us, may10 harm SWSPA or users of the Site or expose them to liability.

* Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring11 or copying any of the material on the Site.

* Introduce any viruses, Trojan horses, worms, logic bombs, or other material12 that is malicious or technologically harmful.

* Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.

4. Intellectual Property Rights

The Site and its entire contents, features, and functionality (including but not limited to all information, software,¹³ text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by SWSPA, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create¹⁴ derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site, except as generally and ordinarily permitted through the Site's¹⁵ functionality.

The SWSPA name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of SWSPA or its affiliates or licensors. You must not use such marks without the prior written permission of SWSPA.

5. Directory Listings and Third-Party Services

SWSPA provides a directory of supervised visitation providers as a service to connect individuals seeking services with independent professionals.

a. Independent Providers: Each supervised visitation provider listed in the SWSPA Directory is an independent entity. SWSPA does not directly employ, manage, or oversee the day-to-day operations or the specific services provided by individual monitors.

b. No Endorsement or Guarantee: The listing of a provider in our directory does not constitute an endorsement, recommendation, or guarantee by SWSPA of the quality, suitability, or availability of their services. SWSPA does not verify the credentials, licenses, or practices of listed providers beyond their initial membership application requirements.

c. User Due Diligence: You are solely responsible for conducting your own due diligence, verification, and assessment of any provider you choose to engage from our directory. Any agreements or contracts for services will be directly between you and the chosen independent provider.

d. Disclaimer of Responsibility: SWSPA is not responsible for the actions, omissions, quality of services, or any disputes that may arise between you and any independent supervised visitation provider contacted through our Site.

6. Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet¹⁶ or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints¹⁷ to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.

YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS¹⁸ CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER¹⁹ SWSPA NOR ANY PERSON ASSOCIATED WITH SWSPA MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER SWSPA NOR ANYONE ASSOCIATED WITH SWSPA REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT²⁰ MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.²¹

SWSPA HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

7. Limitation of Liability

IN NO EVENT WILL SWSPA, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING²² BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

8. Indemnification

You agree to defend, indemnify, and hold harmless²³ SWSPA, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Site, including, but not limited to, your user contributions, any use of the Site's content, services, and products other than as expressly authorized in these Terms of Use,²⁴ or your use of any information obtained²⁵ from the Site.

9. Governing Law and Jurisdiction

All matters relating to the Site and these Terms of Use, and any dispute or claim arising therefrom or related²⁶thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of [Your State, e.g., California] without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of²⁷ Arizona located in Pinal County, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

10. Dispute Resolution

At SWSPA's sole discretion, it may require you to submit any disputes arising from these Terms of Use or use of the Site, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance,²⁸ or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying [Your State, e.g., California] law.

11. Severability

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

12. Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and SWSPA regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and²⁹ oral, regarding the Site.

13.³⁰ Contact Us