WELCOME TO THE SPEAKNOWFORKIDS.ORG WEBSITE (THE “WEBSITE”).  THE WEBSITE IS CONFIDENTIAL TO AND THE PROPERTY OF N.A.C.H. (“WE” “US” OR “THE ASSOCIATION”).  ALL ACCESS TO AND USE OF THIS SITE AND ALL WEBSITES (COLLECTIVELY, THE “WEBSITE”) AND THE FEATURES AT THE WEBSITE ARE GOVERNED BY THESE TERMS OF USE (“TERMS”). THESE TERMS APPLY TO ALL INDIVIDUALS WHO USE, VISIT OR BROWSE THE WEBSITE. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE THE WEBSITE. BY ACCESSING OR USING THE WEBSITE, YOU AND THE ENTITY YOU ARE AUTHORIZED TO REPRESENT (“YOU” OR “YOUR”) SIGNIFY YOUR AGREEMENT TO BE BOUND BY THESE TERMS.

Access To Website

Access to this Website is limited to viewing the linked pages solely for legitimate business purposes, and subject to these Terms. Any access or attempt to access other areas of any Association computer system or other information contained on the system for any purposes is strictly prohibited.

Intellectual Property Rights

Unless otherwise indicated, We or our licensors own and retain all proprietary rights in the Website and all material and information posted thereon, including without limitation photographs, text, graphics, logos, icons, content, sound recording, tutorials, audio/visual clips and design (collectively, “Content”).

All of the materials contained on the Website are copyrighted, except where explicitly noted otherwise. The Association neither warrants nor represents that use of materials displayed on the Website by You will not infringe rights of third parties not owned by or affiliated with the Association. Use of any materials on the Website is at Your own risk.

You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify the Association Trademarks or the Content, without the express permission of the Association in each instance, unless such Content is posted by you. The use of the Association Trademarks or Association copyrighted materials on any other website is strictly prohibited. The Association will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

User Generated Content

You may be able to post, stream, transmit or otherwise provide photos, videos, ideas, remarks, questions, data, graphics, opinions, designs, customizations or other Content (including information, if any, on message boards or other forums ) on the Website (collectively, “User Generated Content”). You retain ownership of User Generated Content submitted to the Website.  However, User Generated Content will be considered Content and will be treated as non-confidential and non-proprietary and you understand that the Association does not guarantee any confidentiality with respect to the User Generated Content.  By submitting User Generated Content to the Association, you agree to grant, and shall be deemed to have automatically granted, to the Association an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display and distribute such Content for the purpose of operating, promoting and improving the Website and Services and to develop new ones. You represent and warrant that you have the right, power and authority to grant the foregoing license. You agree that User Generated Content that You submit will not contain third party copyrighted material, material that is subject to other third party proprietary rights, or material that is confidential or private, unless you have permission from the rightful owner of the material, you have received any required authorization or consent to disclose such material, or you are otherwise legally entitled to post the User Generated Content and grant to the Association all of the license rights granted herein. If You are,  or are employed by or are a member of the workforce of, a HIPAA covered entity (e.g., hospital, health care provider), You agree and represent that You have obtained any and all authorizations and/or consents necessary for you to post any material that may be or contain protected health information.  You agree to release, discharge and agree to hold Us harmless from any and all claims or liability, whether known or unknown, in connection with the publication, production, processing, distribution or exploitation of Content posted by You, including any claims of infringement of any rights of publicity or rights of privacy. The Association reserves the right to remove User Generated Content without notice.

You acknowledge, consent and agree that the Association may, at its sole discretion and to the extent permitted by law, access, read, preserve and disclose your account information, usage history and submitted Content in order to: (a) comply with any applicable law, regulation, legal process, or governmental request; (b) respond to claims that any Content violates the rights of third parties, including intellectual property rights; (c) enforce this Agreement and investigate potential violations thereof; (d) detect, prevent, or otherwise address fraud, security, or technical issues; (e) respond to your requests for customer service; or (f) protect the rights, property, or personal safety or interests of the Association, other users of the Website (“Users”), or the public.

Use of the Website

The following requirements apply to Your use of the Website: (a) You will not use any electronic communication feature of the Website for any purpose that is unlawful, tortious, abusive, intrusive on another’s privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful; (b) You will not upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights; (c) You will not collect, store, use or disclose personal data about other users or any identifiable health information or protected health information other than in accordance with these Terms as applicable to You and in compliance with applicable federal and state law and regulations, including HIPAA; (d) You will not use the Website for any commercial transactions that are unrelated to the purposes for which the Website was provided; (e) You will not upload, post, email, or otherwise transmit on interactive features intended for the general public any advertising or promotional materials or any other form of solicitation or unauthorized communication; and (f) You will not upload, post, email, or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment.

IMPROPER USE OF THE WEBSITE MAY RESULT IN LOSS OF YOUR ACCESS TO THE WEBSITE AND SERVICES AND MAY RESULT IN CIVIL AND CRIMINAL LIABILITIES.

Services

Generally. We may offer from time to time certain services (“Services”) on the Website, including without limitation, message boards, blogs, public forums, personal home pages, and tutorials. The following terms under this Agreement pertain to your ability to use the Services made available by the Association on the Website.  The Association assumes no responsibility or liability for the timeliness, deletion, misdelivery, glitches or failure to store or failure to post or update any user communications or personalization data or settings.  All such risks shall be borne by You.

Account Set Up. Access to certain Services and features of the Website may require an account to be first established and activated for You. When You register for an account, You may be asked to provide your name or a unique username, a password, your current country and city location or a valid email address for your account. The Association reserves the right to decline to activate, deactivate or terminate an account for any person for any reason or no reason. 

Password Protection. You may be required to have a password to access the Services online via Your account. You are responsible for maintaining the secrecy of Your password and protecting against unauthorized use of your password. You also are responsible for all activities that occur under your account. You must immediately notify Us if your password has been compromised or if there is any other breach of security of which You are aware.

Account Requirements. In consideration of your use of the Services, you agree to: (i) provide true, accurate, current and complete information about yourself as prompted by the Association’s account activation form, if any; and (ii) maintain and promptly update such account information, if any, to keep it true, accurate, current and complete.  If You provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such account information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your account and refuse any and all current or future use of the Website or the Services or any portion thereof.

Consent to Electronic Communications.  When you visit the Website or send emails to Us, you are communicating with Us electronically. You consent to receive communications from Us electronically. The Association may communicate with You by email or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that the Association provides to you electronically satisfy any legal requirement that such communications be in writing.

Revocation of Access

The Association may, in its sole discretion, and at any time, discontinue this Website or any part thereof, with or without notice, or may prevent Your use of this Website with or without notice to You. You agree that the Association, in its sole discretion, may terminate or suspend Your use of the Website at any time and for any or no reason in its sole discretion, even if access and use continues to be allowed to others.  Further, You agree that the Association shall not be liable to You or any third party for any termination or suspension of Your access to the Website.

In the event that You use, or are suspected of using, the Website in a manner inconsistent with any federal or state laws, regulations, statutes or ordinances, in addition to discontinuance of Your permission to use the Website, the Association shall have the right to take appropriate administrative and/or legal action, including criminal prosecution, as it deems necessary in its sole discretion.

Indemnification

You agree to indemnify and hold the Association, its parents, subsidiaries, officers, employees, and website contractors and each of their officers, employees and agents harmless from any claims, damages and expenses, including reasonable attorneys’ fees and costs, related to Your violation of these Terms.

Security of Website

Unfortunately, no website or services delivered over the Internet can be guaranteed to be absolutely secure. As a result, while the Association strives to protect your information, it cannot ensure or warrant the security of any Content You transmit to us, and you do so at your own risk. In the event of a breach of the confidentiality or security of Your personal information, the Association may, in its sole discretion, notify you of such breach. Unless You indicate otherwise, we may notify You under such circumstances using the email address you provided to us when You registered with the Website.

Disclaimer of Warranties

The Association assumes no liability or responsibility for any errors or omissions in the content of the Website, including any forms made available on the Website, any failures, delays or interruptions in the delivery of any content contained on the Website, or any losses or damages arising from the use of the content provided by the Website or from any viruses or other malicious code that may be transmitted through such use. The Association is not responsible for any third party products or services offered on the Website, if any.

TO THE FULLEST EXTENT ALLOWABLE BY LAW, THE ASSOCIATION SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, PROCESS, PRODUCTS AND/OR SERVICES OFFERED ON THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, ACCURACY OR ANY OTHER WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.

Limitation of Liability

THE ASSOCIATION, ITS MEMBERS, SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND LICENSORS ("THE ASSOCIATION PARTIES") WILL NOT BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY OTHER PERSON FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS, LOST REVENUES, AND REDUCED, CANCELLED OR DENIED WORKERS’ COMPENSATION  BENEFITS OR PAYMENTS (COLLECTIVELY, THE "EXCLUDED DAMAGES"), WHETHER OR NOT CHARACTERIZED IN NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF ANY OF THE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY.

IN NO EVENT SHALL THE ASSOCIATION PARTIES’ AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT EXCEED $50(USD).

IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN THE ASSOCIATION PARTIES' LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.

Copyright Infringement – DMCA Notice

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under US copyright law. If you believe in good faith that content or material on the Website infringes a copyright owned by you, you (or your agent) may send Us a notice requesting that the material be removed, or access to it blocked. This request should be sent to Justin Beland of the Children’s Hospital Association at speaknow@childrenshospitals.org, or by calling 703-797-6059.

 
The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing or the subject of infringing activity; (d) the name, address, telephone number, and email address of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. Notices and counter-notices with respect to the Website should be sent to the address above.

Links

We may provide links to, or promote, websites or services of third parties on the Website. You agree that we are not responsible for, and do not control, those websites or services and we shall have no liability or responsibility to you or to any third party for such websites or services.

Privacy

By accessing the Website, You also agree that You have reviewed and agreed to the Association Privacy Notice, which is incorporated by reference in its entirety in these Terms.

COPPA

The Association does not solicit personal information from children. Visitors 13 years of age and under should remember that they are required to obtain an adult's permission before submitting any personal information to this or any other website.

Modification

The Association may modify these Terms at any time, with or without notice. Your continued use of the Website constitutes Your acceptance of any changes to the Terms. You are responsible for remaining knowledgeable as to any changes that the Association may make to the Terms. The most current version of the Terms will be available on the Website and will supersede all previous versions.

Governing Law

These Terms of Service will be governed by, and construed in accordance with, the laws of the District of Columbia without regard to its conflicts of law provisions, without regard to its conflicts of law provisions.

Arbitration

Any dispute or disagreement arising out of these Terms, or breach thereof, shall be settled by arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.  Such arbitration shall be held in the District of Columbia.   

Jurisdiction and Venue

Subject to the provisions of these Terms relating to Arbitration, You and the Association (collectively, the "Parties;" individually a "Party") irrevocably agree that any legal action, suit or proceeding brought by it in any way arising out of these Terms must be brought solely and exclusively in the United States District Court for the District of Columbia and irrevocably accept and submits to the sole and exclusive jurisdiction of each of the aforesaid courts in person, generally and unconditionally with respect to any action, suit or proceeding brought by it or against it by the other Party.

Miscellaneous

Any attempt by You to undermine the legitimate operation of the Website may be a violation of criminal and civil law, and, should such an attempt be made, the Association reserves the right to seek damages from You to the fullest extent permitted by law. The Association’s failure to enforce any of these terms and conditions shall not constitute a waiver of that, or any other, provision.

These Terms are personal to You, which means that You may not assign your rights or obligations under these Terms to anyone. No third party, including but not limited to a workers’ compensation claimant, the claimant’s past or current employer, and the employer’s carrier, is a beneficiary of these Terms.  The Association may assign its rights and obligations under these Terms to any third party.  We may also use third parties to assist us in the provision of the Website under these Terms.

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms, which will otherwise remain in full force and effect.

These Terms constitute the entire agreement between You and the Association regarding the use of the Website. By using the Website, You represent that You are capable of entering into a binding agreement, and that You agree to be bound by these Terms.

Contact Us

You may contact us by email, telephone or letter.  Our contact details are as follows:

Speak Now for Kids

c/o Speak Now for Kids Team

Children’s Hospital Association

401 Wythe Street

Alexandria, VA 22314

speaknow@childrenshospitals.org

703-797-6059

October 8, 2013