YOUR ACCESS TO AND USE OF THE WEBSITE ARE CONDITIONED ON YOUR ACCEPTANCE OF AND COMPLIANCE WITH THESE TERMS. BY ACCESSING OR USING THE WEBSITE YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THE TERMS HEREIN, YOU AGREE THAT YOU WILL NOT ACCESS OR USE THE WEBSITE, AND YOU UNDERSTAND THAT YOU ARE PROHIBITED FROM ACCESSING ANY WEBSITES OR MATERIALS PROVIDED BY THE ASSOCIATION.
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.
2. RESTRICTED CONTENT
We reserve the right to restrict Your access to the Website and its Content (as defined below), in whole or in part.
In addition, We may restrict access to certain designated Content to those who are current employees of an N.A.C.H. member institution, or authorized users who have registered on Our Website (such Content, “Restricted Content”). Such Restricted Content will be accessed after logging in. You agree to abide by any additional use or access restrictions indicated on the Website.
If You are not employed by an Association member institution, or if Your employment with an Association member institution ends, then You may not access Content designated as “members-only” on the Website. If You are presently employed by an Association member institution, You agree that, upon the termination of such employment, You will promptly contact Our Member Services Department at firstname.lastname@example.org and provide information to allow Us to change Your member status and access rights.
3. INTELLECTUAL PROPERTY RIGHTS
Unless otherwise expressly indicated, We or Our licensors, and not You, own and retain all copyrights, trademarks, service marks, and other proprietary or intellectual property rights in the Website and all material, content and information posted thereon, including without limitation photographs, text, graphics, logos, icons, sound recording, tutorials, audio/visual clips and design (collectively, “Content”). We have the right, in Our sole discretion and without further notice to You, to monitor, censor, edit, move, and/or remove any and all Content posted on the Website, including Your User Generated Content (defined below), at any time and for any reason. You agree that You will not copy, reproduce, republish, upload, post, transmit, distribute, or modify the Content, without Our prior express written permission in each instance, unless such Content is Your User Generated Content (defined below). For clarity, any use of Our trademarks or copyrighted materials outside the Website is strictly prohibited. We reserve the right to aggressively enforce Our intellectual property rights to the fullest extent of the law, including seeking criminal prosecution.
No warranty or representation is made that Your access to or use of Content from the Website will not infringe the rights of third parties not owned by or affiliated with Us.
4. USER-GENERATED CONTENT
We may at Our sole discretion allow You and others to submit content to the Website, including content on discussion boards lists or listservs or through other interactive or social networking features (such content, “User-generated Content”; as submitted by You, “Your User-generated Content”). Such content may include photographs, text, graphics, logos, icons, sound recording, tutorials, audio/visual clips and design. User Generated Content may express, for example, ideas, remarks, questions, opinions or data. We do not represent or guarantee the completeness, truthfulness, accuracy, usefulness or reliability of any User-generated Content and do not necessarily endorse any opinions expressed therein. You understand that User-generated Content might be offensive, harmful, inaccurate, mislabeled, deceptive or otherwise inappropriate. We are not obligated to monitor or control the User-generated Content available on the Website.
You agree that Your User-generated Content is non-confidential and You acknowledge that We do not guarantee any confidentiality, or any other particular treatment, with respect to Your User-generated Content. By submitting Your User-generated Content to the Association, You grant, and shall be deemed to have automatically granted, to the Association an irrevocable, perpetual, non-exclusive, fully-paid, royalty-free, worldwide license (with the right to sublicense) to host, store, use, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display and distribute Your User-generated Content for any purpose, including the purposes of operating, promoting, improving, and developing the Website and the Association.
Code of Conduct
In connection with Your use of the Website You agree to follow Our Code of Conduct as the same may be published or linked to the Website. We may periodically update the Code of Conduct.
5. DISCLAIMER OF WARRANTIES
You acknowledge and agree that no opinion, advice, or statement of the Association, Association Affiliates, or Website users or visitors, whether made on the Website or otherwise, shall create any warranty.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE CONTENT, PRODUCTS, AND SERVICES INCLUDED OR OBTAINED VIA OR AS PART OF THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT ALLOWABLE BY LAW, THE ASSOCIATION SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE AND NON-INFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES RELATING TO THE ADEQUACY, ACCURACY, USEFULNESS, RELIABILITY OR COMPLETENESS OF ANY OF THE INFORMATION CONTAINED ON OR IN THE WEBSITE OR ITS CONTENT, INCLUDING USER-GENERATED CONTENT. WE EXPRESSLY DISCLAIM ANY OTHER WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. ALL CONTENT AND MATERIALS PROVIDED BY THE ASSOCIATION AND ON ITS WEBSITE ARE PROVIDED ON AN “AS IS” BASIS.
6. LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT THE ASSOCIATION AND ASSOCIATION AFFILIATES (“THE ASSOCIATION PARTIES”) ARE AND WILL NOT BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY OTHER PERSON FOR ACTUAL, DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT, THE WEBSITE, AND/OR ANY CONTENT PROVIDED TO OR CONTAINED THEREIN, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS, LOST REVENUES, PAIN AND SUFFERING, EMOTIONAL DISTRESS, AND OR SIMILAR DAMAGES (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.
THE SOLE AND EXCLUSIVE LIABILITY OF THE ASSOCIATION PARTIES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE) SHALL NOT EXCEED $50 (USD).
You agree to hold Us harmless for any losses, claims, judgments, costs, liabilities, damages, and expenses (including attorneys’ fees) of any and every kind whatsoever (collectively, “Damages”) caused by or resulting from Your use of Content on the Website, even if We have authorized, permitted, or encouraged such use. You agree to hold Us harmless for any Damages caused by or resulting from (i) errors or omissions in the content of the Website, or the timeliness, deletion, misdelivery, or failure to store or failure to post or update any content, or personalization data or settings, including User-generated Content, (ii) any failures, delays or interruptions in the delivery of any content contained on the Website, (iii) access to or use of the content provided by the Website, (iv) viruses or other malicious code transmitted through such use, through email or other communications, or by the servers on which the Website or its content are hosted, or (v) any other lapses or failures of security with respect to the Website, its content or the information of those who use or access the Website. The Association is not responsible for, and You agree to hold us harmless for, any Damages caused by or resulting from any third party products or services offered on the Website, if any.
7. COPYRIGHT INFRINGEMENT – DMCA NOTICE
If You believe that any content on this site infringes the copyright or other intellectual property rights of another, You may send a notice to:
Michelle Lunbeck, Vice President, Member Relations & Marketing
Children’s Hospitals Association DMCA Agent
16011 College Blvd., Suite 250
Lenexa, KS 66219
Please include in your notice, your name, address, email, and telephone number, and identify the work you claimed has been infringed. Please also describe the infringing content, and precisely identify the location of such content on Our Website through, for example, including a URL to the content. You must include a signed statement by someone authorized to act on behalf of the copyright owner that states “I have 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 that “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
You agree that We are not responsible for, and do not control, any third party websites or services that may be linked to, promoted on, or available from the Website, and that We shall have no liability or responsibility to You or to any third party for, and You agree to hold us harmless with respect to, any Damages caused or resulting from such websites or services or Your access to or use of the same.
9. AGE REQUIREMENT
The Association does not solicit personal information from children. The Website and related content are not intended for or directed towards children under 18 years of age. By accessing or using the Website or any related content, You affirm that You are over the age of 18. You further agree not to provide to the Association or the Website any information (including personally identifiable information and protected health information) relating to children under the age of 18.
You acknowledge and agree that that the Association may, at any time, with or without notice, revise the Terms through an update available on the Website or communicating with You regarding the same via the contact information the Association has on record for You. The most current version of the Terms will be available on the Website and will supersede all previous versions. You acknowledge and agree that Your continued use of Website or its content after such revisions have been posted on this Website or communicated to You indicates Your acceptance of all such revisions.
As a condition of Your use of the Website and the content available thereon, You agree to indemnify and hold the Association and the Association Affiliates harmless for any Damages caused by or resulting from losses, claims, judgments, costs, damages, and expenses (including attorneys’ fees) caused by or resulting from (a) Your violation of these Terms or the Code of Conduct; (b) Your violation of the rights of any third party, (c) any claim that one of Your User Generated Content caused damage to a third-party, or (d) any claim or demand by a third-party arising out of Your use of any third-party website. This obligation to indemnify and hold harmless will survive the expiration or termination of these Terms and Your cessation of use of the Website.
12. CONSENT TO ELECTRONIC COMMUNICATIONS
You consent to receive communications from Us electronically, including when You create an account on the Website or send emails to Us. You consent to and agree that We may communicate with You by email or by posting notices on the Website. You further 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.
13. GOVERNING LAW AND ARBITRATION
The laws of the District of Columbia, without reference to its conflict of law rules, govern these Terms and any dispute of any sort that might arise between You and Us, including without limitation any dispute arising out of or relating to the Website, the Website’s content or the services or materials made available thereon, or information provided by You to Us. These Terms and the Code of Conduct referenced herein constitute the entire agreement between You and the Association relating to Your use of the Website and supersedes any and all prior or contemporaneous written or oral agreements on that subject between us. Except as otherwise provided herein, You agree that any controversy or claim, whether at law or equity, arising out of or related to the provision of services or materials by the Association, regardless of the date of accrual of such dispute, shall be resolved in its entirety by individual (not class-wide nor collective) binding arbitration.
You and We agree that our sole relationship is a contractual one governed by these Terms and the Code of Conduct. Any controversy or claim arising out of or related to the provision of services or materials by Us shall be resolved solely based on these Terms.
Except as otherwise provided herein, any controversy between the parties arising out of the Terms shall be submitted to the American Arbitration Association (“AAA”) for arbitration in the District of Columbia, in accordance with its Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes. The costs of the arbitration, including any AAA administration fee, the arbitrator’s fee, and costs for the use of facilities during the hearings, shall be borne equally by the parties to the arbitration. Judgment on the award may be entered in any court of competent jurisdiction. Attorneys’ fees may be awarded to the prevailing or most prevailing party at the discretion of the arbitrator. The arbitrator shall not have any power to alter, amend, modify or change any of the terms of the Terms nor to grant any remedy which is either prohibited by the Terms, or not available on the basis of applicable law. The arbitrator shall not have the power to make any award or grant any remedy on the basis of equity.
Notwithstanding anything to the contrary in the AAA Rules, You and We agree that the filing of arbitration, the arbitration proceeding, any documents exchanged or produced during the arbitration proceeding, any briefs or other documents prepared for the arbitration, and the arbitral award shall all be kept fully confidential and shall not be disclosed to any other party, except to the extent necessary to enforce this arbitration provision, arbitral award or other rights of the parties, or as required by law or court order. This confidentiality provision does not foreclose the AAA from reporting certain consumer arbitration case information as required by state law.
Notwithstanding the foregoing, We may seek injunctive or other relief in any state, federal, or national court of competent jurisdiction for any actual or alleged infringement of Our, Association Affiliates’, or any third-party’s intellectual property or other proprietary rights. You agree to and irrevocably accept and submit to the personal and exclusive jurisdiction of the federal and state courts located within the District of Columbia, generally and unconditionally with respect to any action, suit or proceeding brought by Us, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
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.
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.
All disclaimers, indemnities and limitations of liability contained in these Terms, and all terms under the headings “Governing Law and Arbitration,” “Miscellaneous,” “Security,” and “Disclaimer of Warranties” shall survive the termination or expiration of these Terms.
15. HOW TO CONTACT US
You may contact us by email, telephone or letter. Our contact details are:
Children’s Hospital Association
600 13th Street, NW, Suite 500
Washington, DC 20005
16011 College Blvd., Suite 250
Lenexa, KS 66219
Phone: (913) 262-1436
Fax: (913) 262-1575