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Terms and Conditions

Date of Last Revision: March 28, 2019

 

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE.

This Terms of Use Agreement (“Site Terms”) is a binding legal contract between you (“You” or “Your” either an individual or a legal entity) and National CASA Association (“National CASA”). These Site Terms govern Your access to and use of the websites, media, apps, in-app services, and any other cloud services offered by National CASA, including without limitation www.casaforchildren.org (collectively, the “Sites”), and any media, software, programs, services, tools, features, databases, materials, content, features, products, apps, in-app services, or information available or sold on or through it or used in connection with it (collectively, the “Services”). By downloading, accessing or using any part of any Site or Service You have accessed, You agree to be bound by these Site Terms. If You do not agree to these Site Terms, National CASA is not willing to grant You any right to use or access the Sites or any Service provided therein. In such event, You are not granted permission to access or otherwise use the Sites and/or Services and are instructed to exit the Site(s) immediately.

National CASA reserves the right to amend at any time any policies governing our Sites and Services, including these Site Terms and National CASA’s Privacy Policy, by posting the amended terms and indicating the date of the last revision. The amended terms shall be effective immediately after posted on this Site. If you do not accept the amended terms, you must cease using this Site.

If you have any questions regarding the use of the Sites, please direct such questions to the email address nationalcasa@casaforchildren.org or call us at 800-628-3233.

Privacy Policy

National CASA believes strongly in protecting user privacy. Please refer to our Privacy Policy for information on how National CASA collects and uses information from users of our Sites.

  1. Grant of License

Subject to Your acceptance and compliance with the Site Terms, National CASA grants You a personal, revocable, nontransferable, non-exclusive license to access our Sites and use our Services for personal, non-commercial purposes.

  1. Limitations on License

The license granted to You does not include:

(a) any commercial use of our Sites, Services, or other content provided therein;

(b) the collection and use of any product listings, pictures or descriptions;

(c) making derivative uses of any Site or such Site’s contents;

(d) use of any data mining, robots or similar data gathering or extraction methods; or

(e) any use of a Site other than for its intended purpose.

Except as expressly provided herein, You are not conveyed any right or license by implication, estoppel, or otherwise under any patent, trademark, or proprietary right of National CASA or any third party.

You may use and access our Sites and Services solely for Your personal, non-commercial use. All use of our Services must be in accordance with these Terms of Use. You may not use, copy, store, reproduce, transmit, distribute, display, modify, alter, license, sublicense, or commercially exploit our Sites or Services, or any contents, information, data, or materials provided through our Sites or Services in any manner not expressly permitted by these Terms of Use. You may not assign, sublicense, rent, timeshare, loan, lease, or otherwise transfer any Site or Service, or directly or indirectly permit any third party to use or copy any of our Sites or Services.

You may not: (i) use any “deep link,” “page scrape,” “robot,” “spider,” or other automatic device, program, script, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of our Sites or Services or in any way reproduce or circumvent the navigational structure or presentation of our Sites or Services to obtain or attempt to obtain any materials, documents, or information through any means not purposefully made available through any Site or Service; (ii) attempt to gain unauthorized access to any portion or feature of a Site or Service, including without limitation, the account of any other authorized user or any other systems or networks connected to our Sites or Services or to any server used by National CASA or to any of the services offered on or through our Sites or Services, by hacking, password “mining” or any other illegitimate or prohibited means; (iii) probe, scan, test the vulnerability of any Site or Service or any network connected to a Site or Service; (iv) breach the security or authentication measures on any Site or Service, or any network connected to a Site or Service; (v) reverse look-up, trace, or seek to trace any information on any other authorized user of or visitor to any Site or Service; (vi) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of any Site or Service, or systems or networks of National CASA or networks connected to our Site and/or Services; (vii) use any device, software, or routine to interfere with the proper working of any Site or Service or any transaction being conducted on a Site or Service, or with any other person’s use of a Site or Service; (viii) use any Site or Service to harvest or collect e-mail addresses or other contact information; (ix) market, co-brand, private label, separately distribute, resell or otherwise permit third parties to access and use any Site or Service without the express, separate, and prior written permission of National CASA; (x) create an intact reproduction of any portion of a Site or Service into another website or service; or (xi) use our Sites or Services in an unlawful manner, or in a manner that could damage, disparage, or otherwise negatively impact National CASA.

  1. Copyright

Unless otherwise indicated, all Site and Service materials and content, including, without limitation, the National CASA logo, and all designs, text, graphics, other files, and the selection and arrangement thereof are the proprietary and copyrighted property of National CASA or its licensors. You may download and/or print to hard copy portions of our Sites for the sole purpose of using the materials and content therein for informational, non-commercial, personal use only. You may not remove any proprietary notices, including copyright and trademark notices, or labels from any materials accessed through any Site and/or Service.  Any other use of our Sites or Services – including any commercial use, reproduction for purposes other than described above, modification, distribution, republication, display, or performance – without the prior written permission of National CASA is strictly prohibited.

  1. Digital Millennium Copyright Act (“DMCA”) Notice

National CASA is committed to complying with intellectual property laws, and requires all users of the Sites and Services to comply with these laws. Accordingly, You may not store any material or content or use or disseminate any material or content though the Sites or Services in any manner that constitutes an infringement of a third party’s intellectual property rights, including rights granted by copyright law.

You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. Upon receipt of proper notification to National CASA by a copyright owner or the copyright owner’s legal agent, National CASA may restrict access and/or terminate use privileges of any user who repeatedly infringes the copyright rights of others.

If you believe that any material on our Sites and/or Services infringes upon any copyright which you own or control, or that any link on a Site or Service directs users to another website that contains material that infringes upon any copyright which you own or control, please contact us as at nationalcasa@casaforchildren.org with subject line “DMCA” or call us at 800-623-3233.

  1. Trademarks

All National CASA federally registered and common law trademarks, service marks, and trade names, including but not limited to A CHILD’S VOICE IN COURT, CASA, COURT APPOINTED SPECIAL ADVOCATES, the National CASA logo, LIGHT OF HOPE, SPEAK UP FOR A CHILD, STAND UP FOR AN ABUSED CHILD, I AM FOR THE CHILD, LIFT UP A CHILD’S VOICE, CHANGE A CHILD’S STORY, A POWERFUL VOICE IN A CHILD’S LIFE, and LIFT UP A CHILD’S VOICE. A CHILD’S LIFE. (collectively, “Site Marks”), may not be copied, imitated, or used, in whole or in part, without the prior written permission of National CASA.  In addition, the look and feel of the Sites and Services, including all page headers, custom graphics, button icons, and scripts, is the service mark, trademark, and/or trade dress of National CASA, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of National CASA. All other trademarks, registered trademarks, product names, and company names or logos mentioned herein are the property of their respective owners.

  1. Hyperlinks

You are granted a limited, non-exclusive right to create a hyperlink to any Site or Service for non-commercial purposes, provided such link does not portray National CASA or any of its products or services in a false, misleading, derogatory or otherwise defamatory manner, and provided further that the linking site does not contain any adult material or any material that is offensive, harassing, or otherwise objectionable. This limited right may be revoked at any time. You may not use, frame, or utilize framing techniques to enclose any National CASA trademark, logo or other proprietary information, including the images found at any Site, the content of any text or the layout/design of any page or form contained on a page without National CASA’s express written consent. Except as explicitly provide in these Site Terms, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of National CASA or any third party.

  1. Third-Party Content & Services

National CASA may provide links to websites, content, and/or services of third parties (collectively, “Linked Third-Party Sites”). National CASA is providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by National CASA of any Linked Third-Party Site or any information contained therein. National CASA does not monitor or have any control over any Linked Third-Party Site, and therefore National CASA makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of any Linked Third-Party Sites accessible via hyperlink from any Site, or any Linked Third-Party Sites linking to any Site. Additionally, National CASA expressly disclaims any responsibility for the content, materials, accuracy of information, and/or quality of the products or services provided by, available through, or advertised on any Linked Third-Party Sites.

  1. Forums & Interactive Areas

Certain Sites or Services may include discussion forums or other interactive areas, including chat rooms or bulletin boards (“Interactive Areas”). You are solely responsible for Your use of such Interactive Areas and use them at Your own risk.

You may post, upload, or otherwise transmit (“Submit”) via Interactive Areas comments, messages, documents, or other content and materials (“User Content”).  When You Submit any User Content, you represent that such User Content are unique to you or are used with permission of the copyright holder. You retain the copyright and other rights in the User Content. However, by Submitting the User Content to the Sites and/or Services, you hereby grant to National CASA a non-exclusive, perpetual, royalty-free, worldwide, transferable license to copy, transmit, modify, display, and/or otherwise use the User Content in any and all media in the sole discretion of National CASA.

By using any Interactive Area, you agree not to post, upload to, transmit, distribute or otherwise publish through our Site or Services any of the following:

  1. User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
  2. User Content that would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law, including without limitation, the regulations of the U.S. Securities and Exchange Commission, any rules of any securities exchange such as the New York Stock Exchange, the American Stock Exchange, or the NASDAQ;
  3. User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any Content, you represent and warrant that you have the lawful right to distribute and reproduce such Content;
  4. User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
  5. Unsolicited promotions, advertising or solicitations;
  6. Private information of any third party, including without limitation addresses, phone numbers, e-mail addresses, Social Security numbers and credit card numbers;
  7. Viruses, corrupted data or other harmful, disruptive or destructive files; or
  8. User Content that, in the sole judgment of National CASA, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or any other Services provided on the Sites, or which may expose National CASA or its users to any harm or liability of any type.

National CASA takes no responsibility and assumes no liability for any User Content posted or uploaded by you or any third-party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity You may encounter.

Your use of the Interactive areas is at Your own risk. National CASA is not liable for any statements, representations, or other User Content provided in any Interactive Area. Although National CASA has no obligation to screen, edit, or monitor any of the User Content posted in any Interactive Area, National CASA reserves the right and has absolute discretion to remove, screen or edit any User Content that violates these provisions or, in National CASA’s sole discretion, is otherwise objectionable. Any use of an Interactive Area in violation of the foregoing is a violation of these Site Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas, Sites, and/or Services.

  1. Password Security

Registration by You as an authorized user for access to certain areas of the Sites and/or Services may require both a user name and a password (“Authorized User Credentials”). You may also have to provide certain registration information, all of which must be accurate and updated. You are not allowed to share or give Your Authorized User Credentials to anyone else. You are responsible for maintaining the confidentiality of Your password. You agree not to use another person’s Authorized User Credentials or select Authorized User Credentials: (i) with the intent to impersonate another person; (ii) subject to the rights of another person without authorization; (iii) in violation of the intellectual property rights of another person; or (iv) in a manner that National CASA, in its sole discretion, deems inappropriate or offensive or discriminates on the basis of race, color, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.

You acknowledge and agree that You shall have no ownership or other property interest in Your account and/or user name, and You further acknowledge and agree that all rights in and to Your user name and account are and shall forever be owned by and inure to the benefit of National CASA. Failure to comply with the foregoing shall constitute a breach of these Site Terms, which may result in immediate suspension or termination of Your Authorized User Credentials. NATIONAL CASA WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO COMPLY WITH THESE OBLIGATIONS. National CASA reserves the right to delete or change Authorized User Credentials (with or without notice) at any time and for any reason.

  1. Terms and Conditions of Sale

We have engaged a third-party service provider to operate a website through which You may purchase products, items, and/or paraphernalia bearing National CASA marks (collectively, “National CASA Products”).  Please refer to our service provider’s Terms and Conditions for the conditions and policies applicable to your purchase of National CASA Products. By ordering National CASA Products, you agree to be bound by and accept such terms and conditions.

  1. Notice of Federal Funding and Federal Disclaimer

National CASA is funded in part through a grant from the Office of Juvenile Justice and Delinquency Prevention, Office of Justice Programs, U.S. Department of Justice. Neither the U.S. Department of Justice nor any of its components operate, control, are responsible for, or necessarily endorse, this Site (including, without limitation, its content, technical infrastructure, and policies, and any services or tools provided).

  1. Indemnification

You agree to defend, indemnify, and hold harmless National CASA, its independent contractors, service providers, and consultants, and their respective directors, employees, volunteers, and agents, from and against any third-party claim, damages, costs, and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of Your use of our Sites and/or Services, including without limitation any actual or threatened suit, demand, or claim made against National CASA and/or its independent contractors, service providers, employees, directors, consultants, or volunteers, arising out of or relating to Your conduct, Your violation of these Site Terms, or Your violation of the rights of any third party.

  1. Disclaimer

THE SITES AND THE MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NATIONAL CASA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NATIONAL CASA DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN OUR SITES OR SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. NATIONAL CASA DOES NOT REPRESENT OR WARRANT THAT THIS SITE OR ITS SERVER(S) ARE FREE OF VIRUSES, WORMS, “TROJAN HORSES,” OR OTHER MALICIOUS SOFTWARE. NATIONAL CASA DOES NOT MAKE ANY WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITES AND/OR SERVICES, OR ENDORSE, RECOMMEND, OR MAKE ANY WARRANTIES AS TO THE ACCURACY, RELIABILITY OF ANY CONTENT, INFORMATION, MATERIALS, USER CONTENT, FEATURES, SERVICES, PRODUCTS, OR STATEMENTS AVAILABLE ON OR THROUGH THE SITES OR THROUGH LINKS ON THE SITES AND/OR SERVICES. THE USE OF THE SITES AND/OR SERVICES IS ENTIRELY AT YOUR OWN RISK.

  1. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL NATIONAL CASA, OR ITS DIRECTORS, OFFICERS, EMPLOYEES, VOLUNTEERS, OR AGENTS, BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY AND WHETHER OR NOT NATIONAL CASA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR RELATING TO (A) THE USE OR INABILITY TO USE OUR SITES AND/OR SERVICES; (B) ANY CONTENT OR PRODUCTS AVAILABLE OR SOLD ON OR THROUGH OUR SITES AND/OR SERVICES; OR (C) ANY THIRD-PARTY CONTENT OR MATERIALS (INCLUDING USER CONTENT) OR THE DEFAMATORY, INFRINGING, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. WHILE CERTAIN JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SUCH LIMITATION MAY NOT APPLY TO YOU.  IN ANY CASE, THE ENTIRE LIABILITY OF NATIONAL CASA, AND ITS DIRECTORS, OFFICERS, EMPLOYEES, VOLUNTEERS, AND AGENTS, UNDER THESE SITE TERMS FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) IS LIMITED TO THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESS TO THE SITES AND/OR SERVICES.

  1. Applicable Law

These Site Terms and Your use of our Sites shall be governed by and construed in accordance with the laws of the State of Washington, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Site Terms shall be filed only in the state and federal courts located in King County, Washington.  You hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action, or proceeding arising out of these Site Terms.

  1. Termination

Notwithstanding any of these Site Terms, National CASA reserves the right, without notice and in its sole discretion, to terminate your license to use our Sites and/or Services, and to block or prevent future access to and use of our Sites and/or Services.

  1. Severability 

If any provision of these Site Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Site Terms and shall not affect the validity and enforceability of any remaining provisions.

  1. Questions & Contact Information

Questions or comments about National CASA’s Sites or Services may be sent via email to nationalcasa@casaforchildren.org or you can call us at 800-628-3233.