Last Updated: August 30, 2016
Important Note Regarding the Child First Website
Please read these Terms of Use carefully before using this website—you are entering into a legally binding agreement.
Child First, Inc. (“Child First,” “us,” “we,” the “Company”) believes that all young children and their families should have the nurturing, support, and services that they need to promote optimal social-emotional, cognitive, and physical health and development. For this reason, Child First helps to heal and protect children and families from the devastating effects of trauma and chronic stress by fostering the development of strong, nurturing, caregiver-child relationships, promoting adult capacity, and connecting families with needed services. Child First is happy to provide the material on this website in furtherance of these goals.
By using the childfirst.com website (“Website”), you signify your consent to these Terms of Use as well as our Privacy Policy. These Terms of Use constitute a legally binding contract between you, as the user of the Website, and Child First. If you do not agree to these terms, please do not use this Website. Child First may revise and update these Terms of Use at any time. Your continued usage of this Website will mean you accept those changes.
Eligibility
Our Website is not intended for use by children 13 and under. Therefore, you must be at least 14 years of age to use the Website. If you are under the age of 14, please do not send us any information about yourself to us including, without limitation, your name, e-mail address, mailing address, phone number, or credit card information (collectively, “Personal Information”). In the event that we learn that we have collected Personal Information from a person under the age of 14, we will delete that information as soon as reasonably practicable. If you believe that we might have any information from or about a person under the age of 14, please contact us at info@childfirst.org.
Disclaimer of Warranties
Use of the Website is at your sole risk. You assume full responsibility for all risk associated therewith. All information, products, or services contained on or provided through this website are provided “as is” and “as available,” without any warranties or conditions. CHILD FIRST and affiliates reserve the right, in their sole discretion and without any obligation, to correct any error or omissions in any portion of our website, with or without notice to you.
To the fullest extent permissible under applicable law, CHILD FIRST and its affiliates, Partners, consultants, officers, directors, employees, contractors, and advisors (collectively, “affiliates”) hereby disclaim all representations and warranties, express or implied, statutory or otherwise. These include, but are not limited to, warranties of merchantability, fitness for a particular purpose, title, and non-infringement. You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the CHILD FIRST website will be free of viruses, malware, or other destructive code. We will not be liable for any loss or damage caused by any technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the website or on any website linked to it.
Without limiting the foregoing, CHILD FIRST and its Partners make no warranty as to the security, reliability, AVAILABILITY, accuracy, quality, timeliness, usefulness, adequacy, completeness, or suitability of the WEBSITE and information retrieved from IT. CHILD FIRST and its Partners assume no responsibility for completeness, errors, or omissions in the information, services, or documents which are referenced by or linked to this website.
The content on this website is not, and should not be construed as, the provision of medical advice.
The foregoing does not affect any warranties THAT cannot be excluded or limited under applicable law.
Limitation of Liability
In no event shall CHILD FIRST or its Partners be liable for any special, punitive, indirect, incidental, or consequential damages, including but not limited to personal injury, wrongful death, loss of goodwill, loss of use, emotional distress, loss of profits, interruption of service, or loss of data, whether in any action in warranty, contract, tort, or any other theory of liability (including, but not limited to negligence or fundamental breach), or otherwise arising out of or in any way connected with the use of, reliance on, or the inability to use, the WEBSITE. We shall not be subject to liability for the truth, accuracy, reliability, timeliness, or completeness of the content or any other information conveyed to the user or for errors, mistakes, or omissions therein or for any delays or interruptions of the data or information stream from whatever cause. You agree that your use of the WEBSITE is at your own risk.
To the extent any of the above limitations of liability are restricted by applicable federal, state, or local law, such limitations shall not apply to the extent of such restrictions.
Trademarks and Copyrights and Intellectual Property
All intellectual property rights in the Child First Website and related content is the property of Child First.
The Child First name, the Child First logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Child First. You must not use such marks without the prior written permission of Child First. Nothing contained in our Website should be construed as granting any license or right to use any trademarks or logos.
The Website and its entire contents, features, and functionality (including but not limited to all information, software, code, HTML, text, displays, images, graphics, artwork, photographs, video and audio, and the design, selection and arrangement thereof) are owned by Child First, its licensors, or other providers of content, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
Subject to these Terms of Use, Child First grants you a personal, nontransferable, nonexclusive, revocable, limited license to view the material on this Website for the sole purpose of your information and education.
No ownership interest is transferred to you or any other entity by virtue of making the material available on the Child First Website, granting the foregoing licenses, or entering into this Terms of Use Agreement.
Information about You and Your Visits to the Website
All information we collect on this Website is subject to our Privacy Policy. By using this Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Limitations on Your Use of the Website
You agree not to access or use the Website in an unlawful way, for any unlawful purpose or for any purposes other than its intended purposes. You agree not to (a) transmit any information which is libelous, defamatory, obscene, fraudulent, false, or contrary to the ownership or intellectual property rights of any other person, (b) take any action that imposes an unreasonable load on the Child First Website’s infrastructure, (c) use any device, software, or routine to interfere or attempt to interfere with the proper working of the Website or any activity being conducted on the Website, including any virus, worm, Trojan horse, or other code which is contaminating or destructive to Website or its content, (d) attempt to decipher, decompile, disassemble, or reverse engineer any of the software comprising or making up the Website, or (e) delete or alter any material posted on the Website.
Links to Third-Party Sites
The Website may contain links to third-party websites that are not under the control of Child First or its Affiliates. These links are provided solely as a convenience and do not imply an endorsement or recommendation by Child First. Your use of third-party websites is governed by those websites’ own respective terms of use and privacy policies, and Child First is not responsible for and does not make any representations regarding the content or accuracy of materials on such third-party sites.
Accordingly, Child First is not responsible for the accuracy, copyright compliance, legality, or legitimacy of material contained in third-party websites which may be accessible via a hyperlink to or from this Website or for the hyperlink itself. Child First does not make any representations or warranties as to the security of any information you might be requested to give any third party, and you hereby irrevocably waive any claim against Child First with respect to such sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access any external sites, you do so at your own risk. Child First strongly encourages you to make whatever investigation you feel necessary or appropriate before proceeding with any online or off-line transaction with any of these third parties.
General
-
Governing Law and Statute of Limitations
This Agreement shall be governed by the laws of the State of Connecticut applicable to contracts made and performed there, without regard to its conflict of laws principles, and where applicable, the laws of the United States. You agree that Fairfield County, Connecticut shall be the sole and exclusive venue for any legal action or proceeding between Child First and you for any purpose concerning this Terms of Use or the Website. You waive any jurisdictional, venue, or inconvenient forum objections to such courts.
Before seeking legal recourse for harm you believe you have suffered arising from or related to your use of the Child First Website, you agree to inform us in writing and to give us 30 days to cure the harm before initiating legal action. Any cause of action or claim you may have with respect to the use of the Child First Website or this Terms of Use must be commenced within one (1) year after it arises, except to the extent such limitation is not enforceable.
-
Entire Agreement
The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Child First with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral.
-
Modifications to this Agreement
We may, without advance notice, supplement or change this Terms of Use at any time. Any changes made to this Terms of Use will be effective as soon as they are posted on the Child First Website. By accessing or using the Website, you agree to be bound by all the terms and conditions of these Terms of Use as posted on the Child First Website at the time of your access or use. It is your sole responsibility to review the Terms of Use each time you use the Website so that you are aware of any changes to the Terms of Use. If any change to this Terms of Use is not acceptable to you, your sole remedy is to cease accessing, browsing, and otherwise using the Website.
These terms control the relationship between Child First and you. They do not create any third-party beneficiary rights.
-
Modifications to the Website
We may update the content on the Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
-
Severability
The provisions of this Terms of Use are severable, and in the event any provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining provisions, but such provision shall be reformed, if reasonably possible, only to the extent necessary to make it enforceable.
-
Survival
These Terms of Use provisions shall survive the termination of your use of the Website.
-
Waiver
If Child First does not exercise or enforce any particular right or provision in these Terms, Child First does not waive that right or provision. Failure to exercise or delay in exercising any right hereunder, or failure to insist upon or enforce strict performance of any provision of this Terms of Use, shall not be considered waiver thereof, which can only be made by a signed writing. No single waiver shall be considered a continuing or permanent waiver.
Breach
You agree that if you breach any term of this Agreement, including the foregoing representations, Child First has the right to suspend any and all current or future use of the Website, and you will defend and indemnify Child First and its affiliates against any liability, costs, or damages arising out of the breach.
Your Comments and Concerns
The Website is operated by Child First from our offices in Shelton, Connecticut. All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to info@childfirst.org. Thank you for visiting the Website.
23097/4/3394510.3