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Terms of Use

Last Updated: June 11, 2008


Welcome to the Terms of Use for http://NACCchildlaw.org.The NACCchildlaw.org Service and Network is operated by the National Association of Counsel for Children (NACC). The NACC is a non-profit child advocacy and membership association dedicated to providing high quality legal representation for children. NACCchildlaw.org is an online service offered to enable attorneys and other professionals find and connect with other professionals more effectively. Your NACC Membership Services include member profiles, membership search, group and network capabilities, blogging and messaging, event registration, a photo gallery, a resume/CV database, and online publication subscriptions. NACCchildlaw.org’s Public Resources include public and professional information referral, a public resource center, a training and technical assistance resource center, job posting and searching, access to public policy and legislative advocacy, and access to the NACC and affiliate publications.


This agreement describes the terms on which you may access and use our Services. By accessing or using our Website at www.NACCchildlaw.org, you as a User signify that you have read, understand and agree to be bound by the Terms of Use. Users include both "Visitors” (those who simply browse NACCchildlaw.org’s Public Resources) and "NACC Registered Members” (those who have access to the NACC Membership Services.) You are only authorized to use NACCchildlaw.org’s Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and the Terms of Use. If you do not agree to be bound by the Terms of Use and to follow all applicable laws, you should leave the NACC Website and discontinue use of the NACCchildlaw.org Services immediately. In the event of any inconsistency between the NACC Privacy Policy (* please refer to Page 7) and the Terms of Use, the Terms of Use shall control.


We reserve the right to modify the Terms of Use at any time, and without prior notice, by posting amended terms on this website. Your continued use of the NACCchildlaw.org Service indicates your acceptance of the amended Terms of Use It is therefore important that you view the Terms of Use regularly to ensure you are updated as to any changes.


PLEASE READ THE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS.


Membership Eligibility

The NACCchildlaw.org Service is not available to Users suspended or removed from the system by the NACC for any or no reason. Additionally, NACC Registered Members are prohibited from selling, trading, or otherwise transferring NACCchildlaw.org Accounts to other parties.


Use of Service

Your use of the NACCchildlaw.org Service is governed by the Terms of Use. NACCchildlaw.org may refuse Service without prior notice to any User for any or no reason.

NACC Registered Members are responsible for maintaining the confidentiality of their Passwords and Accounts, and are fully responsible for all activities that occur under their Passwords or Accounts with or without their knowledge. If you knowingly provide your Login and Password information to another person, your Account privileges may be suspended temporarily or terminated. You agree to immediately notify the NACC of any unauthorized use of your Password or Account or any other breach of security. All Users are also subject to all indemnification provisions within the Terms of Use (* please refer to Page 6). The NACC cannot and will not be liable for any loss or damage arising from your failure to comply with this section.


Termination

You agree that the NACC may, with or without cause, immediately terminate your NACCchildlaw.org Account and/or access to the NACCchildlaw.org Service without prior notice. Without limiting the foregoing, the following will lead to a termination by the NACC of a User’s use of the NACCchildlaw.org Service: (a) breaches or violations of the Terms of Use or other incorporated agreements or guidelines; (b) requests by law enforcement or other government agencies; (c) a request by you (self-initiated account deletions); (d) unexpected technical issues or problems; and/or (e) extended periods of inactivity. Termination of your NACCchildlaw.org Account may bar you from further use of the NACCchildlaw.org Service. Furthermore, you agree that all terminations shall be made in the NACC’s sole discretion and that the NACC shall not be liable to you nor any third-party for any termination of your account or access to the NACCchildlaw.org Service.


User Conduct

You understand and agree NOT to use NACCchildlaw.org to:

  • Post content or initiate communications which are patently offensive and/or: promote racism, bigotry, hatred or physical harm of any kind against any group or individual; exploit people in a sexual or violent manner; contain nudity, excessive violence, or offensive subject matter; or contain a link to an adult or other inappropriate website.

  • Stalk, harass or intimidate anyone.

  • Solicit personal information from anyone under 18.

  • Use the NACCchildlaw.org Service for any illegal purpose, including but not limited to conspiring to violate laws.

  • Falsely state, impersonate, or otherwise misrepresent your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present.

  • Upload, post, email, transmit or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would create liability or violate any local, state, national or international law.

  • Upload, post, email, transmit or otherwise make available any content or initiate communications which include information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).

  • Upload, post, email, transmit or otherwise make available any private information of any third party, including addresses, phone numbers, email addresses, Social Security numbers and credit card numbers.

  • Upload, post, email, transmit or otherwise make available any content or initiate communication that infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights.

  • Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail,” "spam,” "chain letters,” "pyramid schemes,” or any other form of solicitation.

  • Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

  • Upload, post, email, transmit or otherwise make available that, in the sole judgment of the NACC, is objectionable or which restricts or inhibits any other person from enjoying the Website, or which may expose the NACC or its Users to any harm or liability of any type.

  • Forge headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the NACCchildlaw.org.

  • Interfere with or disrupt the NACCchildlaw.org Service or servers or networks connected to the NACCchildlaw.org Service, or disobey any requirements, procedures, policies or regulations of networks connected to the NACCchildlaw.org Service.

International Use

Recognizing the global nature of the Internet, you agree to comply with all applicable local rules including but not limited to rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.


Property Rights in Website Content

In the course of using the NACCchildlaw.org Service, Users may provide information about themselves which may be visible to certain other Users (* please refer to our Privacy Policy and Page 7 to learn more about information collected on this Website). The NACC does not claim any ownership rights in the text, files, images, photos, sounds, musical works, works of authorship, or any other materials that you post on the NACCchildlaw.org Services. You understand that all information publicly posted or privately transmitted through the NACCchildlaw.org Service is the sole responsibility of the person from which such content originated and that the NACC will not be liable for any errors or omissions in any content. You understand that the NACC cannot guarantee the identity of any other Users with whom you may interact in the course of using the NACCchildlaw.org Service. Additionally, we cannot guarantee the authenticity of any data which users may provide about themselves or relationships they may describe.


By displaying or posting any content on or through the NACCchildlaw.org Services, you hereby grant the NACC a royalty-free, perpetual, irrevocable, limited license to use this information in the course of offering the NACCchildlaw.org Service. Furthermore, you understand that the NACC retains the right to reformat, excerpt, translate, delete from, add to, publicly display, reproduce and distribute any materials submitted by you.


If you believe any of the material on the Website infringes upon any copyright which you own or control, you may send notification of such infringement to our Web Administrator at advocate@NACCchildlaw.org.


All content of the NACC Website and available through the NACCchildlaw.org Service, including designs, text, graphics, video, information, applications, software, music, sound and other files, and their selection and arrangement, are the property of the NACC with all rights reserved. No Website content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the NACC’s prior written permission, except that the foregoing does not apply to your own user content that you legally posted on the Website. Provided that you are eligible for use of the Website, you are granted a limited licenses to access and use the Website and the Website content and to download or print a copy of any portion of the Website content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright and other proprietary notices intact. Except for you own NACC Registered Member Content, you may not upload or republish Website content on any internet, intranet or extranet site or incorporate the information in any other database or compilation, and any other use of the Website is strictly prohibited. Any use of the Website or Website content other than as specifically authorized herein, without prior written permission of the NACC, is strictly prohibited. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes.


Monitoring and Enforcement

While we have the right to monitor activity and content associated with the NACCchildlaw.org Service, we are not obligated to do so. And since we do not, and may not have the ability to, control or actively monitor content, we do not guarantee its accuracy, integrity or quality. Because community standards vary and individuals sometimes choose not to comply with our policies and practices, in the process of using our Website, you may be exposed to content that you find offensive or objectionable. You can contact our Web Administrator at advocate@NACCchildlaw.org to let us know of any content that you find objectionable. We may investigate the complaints and violations of our policies that come to our attention and may take any action that we believe is appropriate, including, but not limited to issuing warnings, removing the content or terminating accounts and/or subscriptions. However, because situations and interpretations vary, we also reserve the right not to take any action. Under no circumstances will we be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any content on the Website.


You understand and agree that the NACC may, but is not obligated to, delete or remove (without notice) any Website content or user content in its sole discretion, for any reason or no reason, including user content that within the sole judgment of the NACC violates the Terms of Use, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users or others. You are solely responsible at your sole cost and expense to the NACC.


Third Party Sites and Content

The site contains (or you may be sent through the site or NACCchildlaw.org’s Service) links to other sites as well as articles, photographs, text, graphics, pictures, sound, video, information, software and other content or items belonging to or originating from third parties. Such sites and content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any third party sites accessed through the Website or any third party content posted on, available through or installed from the Website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the sites or content. Inclusion of, linking to, or permitting the use or installation of any third party site or content does not imply approval or endorsement of the NACC.


NACC Communications

In the course of providing you services, the NACC may need to communicate with you via email (*please refer to our Privacy Policy and Page 7 to learn more about communications). You agree to receive emails which are specific to your account and necessary for the normal functioning of the NACCchildlaw.org Service. You also agree to have your name and/or email address listed in the header of certain communications which you initiate through the NACCchildlaw.org Service.


Fees

Use of the NACCchildlaw.org’s Public Resources by Visitors is free. Some Services are provided for NACC Registered Members only. The NACC reserves the right to charge for the NACCchildlaw.org Service or any portion thereof, modify the pricing of, add to, or discontinue the NACCchildlaw.org Service or any portion thereof without prior notice.


Member Disputes

You are solely responsible for your interaction with other Users. The NACC reserves the right, but has no obligation, to become involved in any way with disputes between you and other Users.


Indemnification

By accepting the Terms of Use, you agree to indemnify and otherwise hold harmless the NACC, its officers, employees, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages resulting from: (a) your use of the NACCchildlaw.org Service; (b) unauthorized access to or alteration of your communications with or through the NACCchildlaw.org Service; or (c) any other matter relating to the NACCchildlaw.org Service. Any business transactions which may arise between users from their use of the NACCchildlaw.org Service are the sole responsibility of the users involved.


Without limitation of the terms and conditions set forth in our Privacy Policy (* please refer to Page 7), you understand and agree that the NACC may disclose personally identifiable information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to comply with legal process, enforce this Terms of Use, or protect the rights, property, or safety of the NACC, its Users, and the public.

 

In the event of a dispute relating to or arising out of the Terms of Use, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees from the non-prevailing party including such fees and costs for all appeals.


Disclaimer of Warranties

YOU UNDERSTAND AND AGREE THAT THE NACCCHILDLAW.ORG SERVICE IS PROVIDED ON AN "AS IS” AND "AS AVAILABLE” BASIS AND THAT THE NACC DOES NOT ASSUME ANY RESPONSIBILITY FOR PROMPT OR PROPER DELIVERY, OR RETENTION OF ANY USER INFORMATION OR COMMUNICATIONS BETWEEN USERS. THE NACC ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OR EXISTENCE OF ANY COMMUNICATIONS BETWEEN USERS. THE NACC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.


THE NACC MAKES NO WARRANTY THAT: (i) THE NACCCHILDLAW.ORG SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE NACCCHILDLAW.ORG SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE NACCCHILDLAW.ORG SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE NACC SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.


ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE NACCCHILDLAW.ORG SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.


NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NACC OR THROUGH OR FROM THE NACCCHILDLAW.ORG SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TERMS OF USE DOCUMENT.


SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.


Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE NACC 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 THE NACC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.


Entire Agreement

This Terms of Use (along with the Privacy Policy and any other agreement incorporated by reference) constitutes the entire agreement between you and the NACC and governs your use of the NACCchildlaw.org Service, superseding any prior agreements between you and the NACC.


The failure of the NACC to exercise or enforce any right or provision of the Terms of Use shall not operate as a waiver of such right or provision. This Terms of Use operates to the fullest extent permissible by law. If any provision of this Terms of Use is unlawful, void or unenforceable, that provision is deemed severable from this Terms of Use and does not affect the validity and enforceability of the remaining provisions.


Governing Law

This Terms of Use agreement between you and the NACC will be governed by and construed in accordance with the laws of the State of Colorado without regard to conflict of laws principles.


General Information

Please send any questions or comments, or report violations of the Terms of Use to:


National Association of Counsel for Children
13123 E. 16th Avenue, B390
Aurora, CO 80045
(303) 864-5320
E-mail: advocate@NACCchildlaw.org
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