Last Updated: June 11, 2008
I. User Agreement
Welcome to the User Agreement 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.
PLEASE READ THE USER AGREEMENT CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS.
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 User Agreement NACCchildlaw.org may refuse Service without prior notice to any User for any or no reason.
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 User Agreement 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.
- 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.
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
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 this User Agreement, 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.
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.
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.
By accepting this User Agreement, 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.
In the event of a dispute relating to or arising out of this User Agreement, 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 USER AGREEMENT.
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.
We built the new NACC Website to make it easy to contact and share information with attorneys and other professionals. We understand that you may not want everyone in the world to have the information you share on NACCchildlaw.org. For that reason, we give you control over your information. An important public service that the NACC offers is a free referral program. Any Visitor who runs a search can see only those profiles of NACC Registered Members who have selected a "Public Profile.” If referrals are not applicable to your work, or you prefer to be visible to the NACC Registered Members only, you have the option to select a "Private Profile.”
When you visit NACCchildlaw.org you provide us with two types of information: (1) PII you knowingly choose to disclose that is collected by us; and (2) Website use information collected by us as you interact with our Site.
In order to become a NACC Registered Member, you must first create an Account and Membership Profile on this Website. To create an Account, you are required to provide the following contact information: first and last name, email address, username and password.
You may provide additional information on your Membership Profile including: your gender, birthday; educational background; social and volunteer organizations; instant messenger handle/type; past professional experience; and current professional organization, title, contact information, and credentials. Providing additional information beyond what is required at registration is optional, but enables you to better identify yourself and utilize the NACCchildlaw.org System. You have control over what you share.
Information About Tell a Friend
In order to invite others to connect with you directly in NACCchildlaw.org, you will enter their email addresses. This information will be used by NACCchildlaw.org to send your message that you write. The email addresses of people that you invite will be used only to send your message.
Cookies & Log Files:
One type of cookie, known as a "persistent” cookie, is set once you’ve logged in to your NACCchildlaw.org Account. The next time you visit the NACC Website, the persistent cookie will allow us to recognize you as an existing user so you will not need to log-in before using the Service. In order to access or change any of your private information (like a credit card number), however, you must log-in securely again with your Password even if your computer contains your persistent cookie. Additionally, if you log out of the NACC Website you will need to re-enter your Password the next time you visit in order to log-in to your account. Another type of cookie, called a "session” cookie, is used to identify a particular visit to the NACC Website. Session cookies expire after a short time or when you close your web browser.
You can program your computer to warn you each time a cookie is being sent, block third party cookies, or block all cookies. However, by blocking all cookies, you may not have access to certain features on NACCchildlaw.org.
Due to the communication standards on the Internet, when you visit the NACC Website, we automatically receive the URL of the site from which you came and the site to which you are going when you leave NACCchildlaw.org. We also receive the Internet protocol (IP) address of your computer (or the proxy server you use to access the World Wide Web), your computer operating system, and type of web browser you are using, and the name of your ISP. This information is used to analyze overall trends to help us improve the NACCchildlaw.org Service. The linkage between your IP address and your personally identifiable information is never shared with third-parties without your permission or except when required by law.
Other information, that does not personally identify you as an individual, is collected by the NACC from the Website (for example patterns of utilization) and is exclusively owned by the NACC. This information can be utilized by the NACC in such manner as the NACC, in its sole discretion, deems appropriate. The NACC will use this information without identifying you as an individual.
The NACC will communicate with you through email and notices posted on this website. NACC may periodically use your email address to send you such materials related to the NACC and the NACCchildlaw.org services as applicable.
Sharing Information With Third Parties:
The NACC takes the privacy of our Users very seriously. We will never sell, rent, or otherwise provide your personally identifiable information to any third parties for marketing purposes which do not support the NACC. We will only share your PII with third parties to carry out your instructions and to provide specific services. For instance, we use a credit card processing company to bill users for subscription fees. These third parties do not retain, share, or store any personally identifiable information except to provide these services and are bound by strict confidentiality agreements which limit their use of such information.
The NACC offers a Public Resources feature, which in relevant part allows any Visitor that runs a NACC Registered Member search to see your profile. If you prefer to be visible to NACC Registered Members only, you have the option to select a Private Profile.
We may provide aggregated data about the usage of our services to third-parties for such purposes as we deem, in our sole discretion, to be appropriate. The NACC will use this information without identifying you as an individual.
Partnering with Other Organizations to Offer Combined Services:
The NACC employees, agents, or contractors must have a business reason to obtain access to your PII. The NACC may share your PII with those who help us manage or provide NACCchildlaw.org Services information activities (for example, blog and message board administration, order fulfillment, statistical analysis and data processing), or with outside contractors, agents or sponsors who help us with administration. These outside contractors, agents or sponsors may temporarily store some information on their servers, but they may only use your PII to provide the NACC with a specific service and not for any other purpose.
We may be required to disclose PII pursuant to lawful requests, such as subpoenas or court orders, or in compliance with applicable laws. We do not reveal information until we have a good faith belief that an information request by law enforcement or private litigants meets applicable legal standards. Additionally, we may share Account or other information when we believe it is necessary to comply with law, to protect our interests or property, to prevent fraud or other illegal activity perpetuated through the NACCchildlaw.org Service, or to prevent imminent bodily harm. This may include sharing information with other companies, lawyers, agents or government agencies.
Accessing and Changing Your Account Information
The NACC uses commercially reasonable administrative, technical, personnel and physical measures to safeguard PII and credit card information in its possession against loss, theft and unauthorized use, disclosure or modification.
III. Entire Agreement
National Association of Counsel for Children
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