WEBSITE TERMS OF USE AND CONDITIONS
PLEASE READ THESE WEBSITE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE (THE “WEBSITE”). THESE WEBSITE TERMS OF USE (THE “TERMS OF USE”) GOVERN YOUR ACCESS TO AND USE OF THE WEBSITE. THE WEBSITE IS AVAILABLE FOR YOUR USE ONLY ON THE CONDITION THAT YOU AGREE TO THE TERMS OF USE SET FORTH BELOW. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF USE, DO NOT ACCESS OR USE THE WEBSITE. BY ACCESSING OR USING THE WEBSITE, YOU AND THE ENTITY YOU ARE AUTHORIZED TO REPRESENT (“YOU” OR “YOUR”) SIGNIFY YOUR AGREEMENT TO BE BOUND BY THE TERMS OF USE.
- Scope of Terms of Use
These Terms of Use govern Your use of the Website, including all information, software, products, and services (collectively, “Services”) available from this Website or offered as part of or in conjunction with this Website, except to the extent such Services are the subject of a separate agreement.
- Modifications
ChildhoodLoss reserves the right to make changes to these terms and conditions at any time. The use of the Website constitutes Your agreement to all such terms, conditions, policies and notices, and any changes to these Terms and Conditions made by ChildhoodLoss. The term “ChildhoodLoss” shall refer to and include the ChildhoodLoss web site, and wherever you have agreed to indemnify ChildhoodLoss, or wherever ChildhoodLoss shall have no liability, the term ChildhoodLoss shall include all of its officers, directors, employees, agents and volunteers.
- Personal and Noncommercial Use
The Website is for your personal and noncommercial use. As a condition to your continued use of the Web site, you warrant to ChildhoodLoss that you will not use the Web site for any purpose that is unlawful or prohibited by these Terms and Conditions.
- No Medical Or Other Professional Diagnostic, Preventive or Treatment Advice or Services
While the information on this Website was prepared to provide accurate information regarding topics related to general and specific grief management, imprint recognition, and related health issues, the information contained in the Website is made available with the express understanding that neither ChildhoodLoss, nor experts on the Web site, nor the Web site itself, nor members of the Website are dispensing medical or other professional advice and do not intend any of this information to be used for self diagnosis or treatment. The Web site is not intended to be a substitute for professional medical advice, diagnosis or treatment. IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT YOUR HEALTH OR ABOUT ACTING UPON INFORMATION CONTAINED ON THE WEB SITE, YOU SHOULD CONTACT YOUR OWN PHYSICIAN OR HEALTH CARE PROVIDER.
Neither ChildhoodLoss nor any of its employees, volunteers, agents or service providers directly or indirectly practice medicine or dispense medical services or other professional, diagnostic, preventive or treatment services through this Website. Nothing in the Website nor any communication with ChildhoodLoss, its employees, volunteers, agents or service providers should be construed as creating a doctor-patient/health care provider-patient relationship or of providing medical or other professional, diagnostic, preventive or treatment services.
Reliance on any information provided by ChildhoodLoss, ChildhoodLoss employees, or volunteers, others appearing on the Web Site at the invitation of ChildhoodLoss, or other visitors to the Web Site is solely at your own risk. Any messages, advice, opinions or other information contained in any discussion area or the like should not be construed as professional advice or instruction, regardless of any professional credentials of the person providing the information. The messages express the views of the author of the message, not necessarily the views of ChildhoodLoss. ChildhoodLoss does not recommend or endorse any specific tests, products, procedures, opinions, or other information that may be mentioned on the Site. ChildhoodLoss is not responsible for any services provided by, or any acts or omissions of, any persons or providers listed on or contacted through the Resource Directory, and inclusion of any person or provider in the Resource Directory does not constitute a representation, warranty or guarantee by ChildhoodLoss with respect to such person, provider, or their services.
- Disclaimer of Warranties
ChildhoodLoss makes no representations about the results to be obtained from using the Website or the Services, the Information, or the Content therein. Use the web site at Your own risk. This Website is provided to You “as is,” without warranty of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, title or non-infringement. ChildhoodLoss makes no warranty that any content contained on this Websit satisfies any applicable government law, regulation or requirement. Neither ChildhoodLoss nor its employees, volunteers, agents, third-party information providers, merchants, licensors or the like warrant that the web site or its operation will be accurate, reliable, uninterrupted or error-free. No agent or representative has the authority to create any warranty regarding the Website on behalf of ChildhoodLoss. ChildhoodLoss reserves the right to change or discontinue at any time any aspect or feature of the web site.
- Exclusion of Liability
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL CHILDHOODLOSS OR ITS OFFICERS, DIRECTORS, EMPLOYEES, VOLUNTEERS, AGENTS OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, STORING OR DISTRIBUTING THE WEB SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES AND EXPENSES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, AND DAMAGES ARISING FROM LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY CONNECTED WITH USE OF THE WEB SITE, DELAY OR INABILITY TO USE THE WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THE WEB SITE, WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY AGREE THAT NO LICENSOR, SUPPLIER OR INFORMATION PROVIDER TO CHILDHOODLOSS OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, VOLUNTEERS OR AGENTS, OR ANY OF THEIR SUCCESSORS OR ASSIGNS, SHALL HAVE ANY LIABILITY TO YOU FOR ANY REASON OR UNDER ANY THEORY WHATSOEVER, BASED UPON THE INFORMATION PROVIDED ON OR THROUGH THE WEB SITE. Because some states do not permit the exclusion or limitation of liability for consequential or incidental damages, some or all of the above limitation may not apply to you.
- Indemnification
You agree to defend, indemnify, and hold ChildhoodLoss, its officers, directors, affiliated companies, employees, volunteers, agents, licensors and suppliers harmless from and against any and all claims, actions or demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, Your use of the Website, or any content, product or service offered through the Website, in a manner that violates or is alleged to violate these Terms and Conditions. ChildhoodLoss shall provide notice to you of any such claim, suit or proceeding and shall reasonably cooperate with you, at your expense, in your defense of any such claim, suit or proceeding.
- Featured Links and Advertisements
The Web site may contain hyperlinks to web sites offered by parties other than ChildhoodLoss. Such hyperlinks are provided for your reference and convenience only. ChildhoodLoss is not responsible for the privacy practices or the content of such web sites; nor does ChildhoodLoss’ inclusion of hyperlinks to such web sites imply any endorsement of the material on such web sites or any association with their operators, including any web sites that may indicate a special relationship or partnership with ChildhoodLoss (such as co-branded pages or “powered by” or “in cooperation with” relationships). Unless otherwise specifically stated on this Website, ChildhoodLoss does not endorse any product or service or make any representation regarding the reliability, quality or accuracy of any products or services featured in, or linked to, any advertisement, article or other content appearing on this Web site.
ChildhoodLoss does not disclose personally identifiable information or unique identifiers to those responsible for the linked web sites. The linked web sites, however, may collect personal information from you that is not subject to ChildhoodLoss’ control. To ensure protection of your privacy, always review the Privacy Policy of the web sites you may visit by linking from the Website.
- Linking and Hyperlinking
Unless you are subsequently advised otherwise by ChildhoodLoss, You are hereby licensed to create hyperlinks to the content on the Website, provided that the hyperlink accurately describes the content as it appears on the Web site. ChildhoodLoss reserves the right to revoke this license generally, or Your right to use specific links, at any time, and may normally break any hyperlink after 14 days. Under no circumstances, and at no time whatsoever, may you “frame” the Website or any of its content or copy portions of the Web site to a server, except as part of an internet service provider’s incidental caching of pages. Each page within the Website must be displayed in full (including all trademarks, branding, advertising and promotional materials), without any accompanying frame, border, margin, design, branding, trademark, and advertising or promotional materials not originally displayed on the page within the Web site.
- Software Available on Website
Any software that is made available to download from this Web site is the copyrighted work of ChildhoodLoss and/or its suppliers. Your use of the software is governed by the terms of the End User License Agreement, if any, that accompanies or is included with the software. You may not install or use any software without first agreeing to the terms of such End User License Agreement. For any software not accompanied by an End User License Agreement, ChildhoodLoss hereby grants to you a personal, nontransferable, non-sublicensable, and revocable license to use the software for viewing and other purposes within the scope of use of such software anticipated by ChildhoodLoss in accordance with these Terms and Conditions, and for no other purpose. Any such software is provided to you subject to the warranty and liability exclusions set forth in these Terms and Conditions.
- License and Ownership
Any and all intellectual property rights (“Intellectual Property”) associated with the Website and its contents (“The Content”) are the sole property of ChildhoodLoss, its affiliates, or third parties. The Content is protected by copyright and other laws in the United States. Elements of the Website may also be protected by trade dress, trade secret, unfair competition, and other laws, and may not be copied or imitated in whole or in part. All custom graphics, icons, and other items that appear on the Website are trademarks, service marks, or trade dress (“Marks”) of ChildhoodLoss, its affiliates, or other entities that have granted ChildhoodLoss the right and license to use such Marks and may not be used or interfered with in any manner without the express written consent of ChildhoodLoss. Except as otherwise expressly authorized by these Terms of Use, You may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit, or distribute the Intellectual Property of the Website in any way without ChildhoodLoss’ or the appropriate third party’s prior written permission. Except as expressly provided herein, ChildhoodLoss does not grant You any express or implied rights to ChildhoodLoss’ or any third party’s Intellectual Property.
ChildhoodLoss grants You a limited, personal, nontransferable, nonsublicensable, revocable license to (1) access and use only the Website, Content, and Services only in the manner presented by ChildhoodLoss, and (2) access and use the ChildhoodLoss computer and network services offered within the Website (the “ChildhoodLoss Systems”) only in the manner expressly permitted by ChildhoodLoss. Except for this limited license, ChildhoodLoss does not convey any interest in or to the ChildhoodLoss Systems, information, or data available via the ChildhoodLoss Content, Website, or any other ChildhoodLoss property by permitting You to access the Website.
- Copyright
Except for material in the public domain under United States Copyright law, all material contained on the Website (including all software, HTML code, Java applets, Active X controls, and other code) is protected by United States and foreign copyright laws. Except as otherwise expressly provided in these Terms and Conditions, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, modify, rewrite, create derivative works from, transfer, or sell any material contained on the Website without the prior consent of the copyright owner. Violation of this provision may result in severe civil and criminal penalties.
You may make single copies of materials displayed on the Web site for your own personal and noncommercial use only, provided any copies include the copyright and other notices displayed with the materials on the Web site. You may not distribute such copies to others, whether or not for a charge or other consideration, without prior written permission from ChildhoodLoss or the Copyright owner of the copied material. Requests to reproduce materials on the Website for distribution or other purposes should be mailed to:
ChildhoodLoss
Attn: Dr. Elva Edwards
3500 South Wadsworth Blvd, Suite 301
Lakewood, CO 80235
- Restrictions on Use of the Website
In addition to other restrictions set forth in these Terms of Use, You agree that:
(a) You shall not disguise the origin of information transmitted through the Website.
(b) You will not place false or misleading information on the Website.
(c) You will not use or access any service, information, application, software, or content available via the Website in a manner not expressly permitted by ChildhoodLoss.
(d) You will not input or upload to the Website which contains viruses, Trojan horses, worms, time bombs, or other computer programming routines that are intended to damage, interfere with, intercept, or expropriate any system, the Website, or Information or that infringes the Intellectual Property rights of another.
(e) Certain areas of the Website are restricted to customers of ChildhoodLoss.
(f) You may not use or access the Website or the ChildhoodLoss Systems or Services in any ay that ChildhoodLoss’ judgment, adversely affects the performance or function of the ChildhoodLoss Website, or interferes with the ability of authorized parties to access the ChildhoodLoss Services or Website.
- Termination of Privileges
ChildhoodLoss reserves the right to terminate Your privilege of using all or any portion of the Website for any or no reason in its sole discretion, even if access and use continues to be allowed to others. If ChildhoodLoss receives notice or otherwise discovers that You have posted material that infringes another party’s copyright or trademark rights or violates another party’s rights of privacy or publicity, ChildhoodLoss may terminate your access to the Website, including all of your privileges or accounts that you may have established in connection with the Website. Upon such suspension or termination, You must immediately discontinue use of the Website, and destroy any copies you have made of any portion of the Content therein.
- Copyright Infringement
ChildhoodLoss will not tolerate copyright infringement of any kind. ChildhoodLoss does not, however, monitor user-submitted materials for copyright infringement. If you believe that any material on the Web site infringes your copyright, you may seek to have the material removed by sending ChildhoodLoss notice that includes all of the following information:
- Your full name, address, and telephone number;
- Your e-mail address;
- Identification of the copyrighted work(s) that you believe is being infringed;
- Identification of the infringing material and information sufficient for ChildhoodLoss to locate the material;
- Your statement of good faith belief that:
The material infringes your copyrights;
The information provided in the notice is accurate, and
Under penalty of perjury, you are authorized to act on behalf of the copyright owner; and
- Your physical or electronic signature.
Direct such notice to ChildhoodLoss’ designated agent for receiving such copyright infringement notices:
Name: Dr. Elva Edwards
Company: ChildhoodLoss
Address 1: 3500 South Wadsworth Blvd, Suite 301
Address 2: Lakewood, CO 80235
Upon receipt of notice complying with the above requirements, ChildhoodLoss will act to remove infringing materials and, if applicable, send notice to the user that posted such materials on the Website.
If ChildhoodLoss removes materials posted by you as a user due to alleged copyright infringement, you may seek to have the materials reinstated by notifying ChildhoodLoss ‘s designated agent in writing and including the following information:
- Your full name, address, and telephone number;
- Your e-mail address;
- Identification of the material that has been removed or to which access has been disabled, including its location before it was removed or disabled;
- Your statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material;
- Your statement consenting to the jurisdiction the Federal District Court for the District in which your address is located, or, if you reside outside of the United States for the District of Colorado (where ChildhoodLoss may be found), and that you will accept service of process from the person who provided notice of copyright infringement or from such person’s agent; and
- Your physical or electronic signature.
Upon receipt of a notice that meets the above requirements, ChildhoodLoss will send a copy of the notice to the copyright owner who initially claimed copyright infringement. Within 10 to 14 days following receipt of the notice, ChildhoodLoss will replace or enable access to the removed material unless ChildhoodLoss receives notice from the copyright owner who submitted the first notification that it has filed an action seeking a court order to restrain the user that posted the materials from engaging in infringing activity. Please note that parties who misrepresent that materials are infringing or were removed by mistake or misidentification are subject to substantial civil liability to ChildhoodLoss and/or the copyright owner or Web site user.
- Profile Information
ChildhoodLoss users (who may be referred to herein as Members) may choose to provide personally identifiable information (e.g., name and/or e-mail address) as well as non-personally identifiable information (e.g., hometown, age, hobbies/interest). The Profile Information in a Member’s profile is provided at his or her sole discretion. These privacy settings are designed to enable Members to control how they share their information. While ChildhoodLoss takes steps to ensure that others use Profile Information in a manner consistent with a Member’s privacy setting, ChildhoodLoss cannot guarantee that they will follow these rules, or that any profile visibility steps cannot be circumvented. Therefore, consider this and your privacy settings whenever you provide or share information. ChildhoodLoss asks the age of users to identify potential users who fall within the Children’s Privacy Policy set forth herein, or otherwise to determine appropriate restrictions based on age, but ChildhoodLoss does not independently verify age or the accuracy of any information or other data submitted by a user, and is not responsible for any misrepresentations or errors in any such information.
- Submissions
ChildhoodLoss does not accept ideas, concepts, or techniques for new services or products through the Website (“Comments”). If such comments are received, You acknowledge that (a) they will not be considered confidential or proprietary, (b) ChildhoodLoss and its affiliates are under no obligation to keep such information confidential, and (c) ChildhoodLoss will have an unrestricted, irrevocable, world-wide, royalty-free right to use, communicate, reproduce, publish, display, distribute, and exploit such Comments in any manner it chooses.
- Community Forums
ChildhoodLoss may provide groups, forums, chat rooms, message boards, member profile areas, private e-mail options, and other public or restricted posting areas or community forums in which users may post messages or provide content (collectively referred to herein as “Community Forums”) on the Website. If ChildhoodLoss provides any such Community Forum or if you use a Community Forum, you are solely responsible for your own communications and the consequences of posting those communications. ChildhoodLoss does not assume any responsibility for the consequences of any Community Forum communications on or arising from use of the Website. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately.
In consideration for being allowed to use the Community Forums, you agree that the following actions shall constitute a material breach of these Terms and Conditions:
- Disrespect the privacy and views of others;
- Use of the Community Forums for commercial purposes, including the promotion of any specific goods or services;
- Posting of obscene, profane, sexually explicit, libelous, slanderous, defamatory, harmful, threatening, illegal or knowingly false information;
- Posting of blatant expressions of bigotry, racism or hate, material encouraging conduct that may constitute or contribute to a criminal offense, give rise to civil liability or violate any national, state or local law, regulation or authority, or any other material which ChildhoodLoss finds objectionable;
- Posting of any instructional information or messages encouraging or promoting suicide, or other harm to oneself or others or facilitating illegal conduct;
- Use of the Community Forums for unlawful purposes;
- Impersonating another person including, without limitation, a ChildhoodLoss employee, agent or service provider or another Member;
- Allowing any other person or entity to use your identification to post or view comments; and
- Posting of material that infringes on the copyright or other intellectual property rights of others or the privacy and publicity rights of others;
- Modifying, or attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of ChildhoodLoss;
- Engaging in any activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;
- Intefering with, disrupt, or create an undue burden on the Web Site or the networks or services connected to the Web Site;
- Engaging in any automated use of the system, such as, but not limited to, using scripts to add friends or send comments, messages, updates or blogs; and
- Use of any automated system, including, but not limited to, scripts or bots in order to harvest email addresses or other data from the Web Site for the purposes of sending unsolicited or unauthorized material.
- Violation of any Community Guidelines which may be posted for any or all Community Forums.
ChildhoodLoss reserves the right to record dialogue in Community Forums. ChildhoodLoss is not responsible for screening or monitoring material posted by users or any other person or entity. If notified by a user of communications that are alleged not to conform to these Terms and Conditions, ChildhoodLoss may investigate the allegation and determine in its sole discretion to remove or request the removal of the communications. ChildhoodLoss reserves the right to remove communications that are abusive, illegal, disruptive or that otherwise fail to conform with these Terms and Conditions. ChildhoodLoss reserves the right (but is not obligated) to delete any communications posted on the Website, regardless of whether such communications violate these Terms and Conditions.
Furthermore, ChildhoodLoss reserves the right (but is not obligated) to monitor or disclose any type of posting on the Community Forums for adherence to the Terms and Conditions, if required in the course of normal operations and maintenance of the Web site, or if required to do so by law or in the good faith belief that such action is necessary to (i) comply with the law or comply with legal process served; (ii) protect and defend the rights of ChildhoodLoss or others; or (iii) act in an emergency to protect the personal safety of our users or the public. CHILDHOODLOSS HAS NO LIABILITY OR RESPONSIBILITY TO USERS OR ANY OTHER PERSON OR ENTITY FOR PERFORMANCE OR NONPERFORMANCE OF THE AFOREMENTIONED SCREENING ACTIVITIES.
If ChildhoodLoss offers the option of private email messages between users through a Community Forum or elsewhere on its Web site, ChildhoodLoss may not be able to monitor the content of those communications from a technical standpoint, and does not plan to monitor those communications, so users should be particularly aware of the risks of inappropriate content. ChildhoodLoss shall have no responsibility or liability for private email messages among users, or any consequences arising from such messages.
ChildhoodLoss reserves the right to employ filters to automatically screen out postings or information which ChildhoodLoss deem inappropriate based on search terms it has chosen to “flag” inappropriate content (which may include some personally identifiable information in ChildhoodLoss’ discretion).
ChildhoodLoss does not represent or guarantee the truthfulness, accuracy or reliability of any of the material posted by Community Forum users or endorse any opinions expressed by such users. ANY RELIANCE UPON CONTENT POSTED IN A COMMUNITY FORUM IS AT YOUR OWN RISK.
Any public or restricted Community Forum areas are for discussion and debate only. You may not use any Community Forum area to post or transmit advertisements or commercial solicitations of any kind. You may not post or transmit any material of any nature, including text, audio, software, animation or photographs, belonging to any person or party other than yourself, without the prior written consent of such owner. Simply because material is available on the Internet does not mean it is in the public domain. The vast majority of materials on the Internet are protected by copyright and trademark laws. ChildhoodLoss shall have the right, but not the obligation, to monitor any Community Forum areas of the Web site to determine compliance with these Terms and Conditions and any other operating rules that may be established by ChildhoodLoss from time to time.
By posting messages or other material in any Community Forum areas of the Web site, you are granting to ChildhoodLoss and its licensees a worldwide, royalty-free, perpetual, non-exclusive and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any posting by you (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or hereafter developed.
Through your use of the ChildhoodLoss Community Forums, you are agreeing to all of the aforementioned terms and conditions for such Community Forums contained herein.
You agree to defend, indemnify and hold harmless ChildhoodLoss and its officers, directors, affiliated companies, employees, volunteers, agents, licensors and suppliers, from and against any and all claims, actions or demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, Your use of any Community Forums or use by others of any community forums with respect to you, including, without limitation, any claim of libel, defamation, harassment, violation of rights of privacy or publicity, loss of service or infringement of intellectual property or other rights, or violation of these Terms and Conditions.
- General
These Terms and Conditions (including the privacy policy attached hereto, which shall be deemed to be a part of these Terms and Conditions) constitute the entire agreement and understanding between You and ChildhoodLoss with respect to use of the Website, superseding all prior or contemporaneous communications and/or proposals. These Terms and Conditions also are severable, and in the event any provision is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions. ChildhoodLoss reserves the right to make changes to these Terms and Conditions immediately by posting the changed Terms and Conditions in this location. By continuing to use the Web site, you are agreeing to all changes made by ChildhoodLoss. A printed version of these Terms and Conditions shall be admissible in judicial or administrative proceedings based upon or relating to use of the Web site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
- Jurisdiction
The Web site is controlled and operated by ChildhoodLoss from its principal office in the State of Colorado in the United States of America. ChildhoodLoss makes no representation that materials on the Web site are appropriate or available for use in other locations. Those who choose to access the Web site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. The Website is not intended to subject ChildhoodLoss, or any content providers to this web site, to the laws or jurisdiction of any state, country or territory other than the Commonwealth of Virginia and the United States of America.
These Terms and Conditions of Use and Privacy Policy shall be governed by, and construed in accordance with, the laws of the State of Colorado, without regard to its conflict of law provisions. You agree to submit to the exclusive jurisdiction and venue of the state circuit courts and federal courts located within the State of Colorado to resolve any claim or dispute arising out of or based upon the Web site, or these Terms and Conditions of Use and Privacy Policy.
- CHILDHOODLOSS PRIVACY POLICY
For each visitor to the Web site, ChildhoodLoss’ servers automatically collect information about which pages are visited. This information is used for internal review, to tailor information to individual visitors and for Website traffic audits. We may also provide this information (as well as information from third-party market researchers) about our users on an aggregated, anonymous basis to our advertisers or sponsors.
ChildhoodLoss may place a “cookie” on the browser of Your computer. The cookie itself does not contain any personally identifying information. A cookie may be used to tell when your computer has contacted the Website. ChildhoodLoss uses the information for editorial purposes and for other purposes such as delivery of features and advertisements, so ChildhoodLoss can customize delivery of information to you without compromising privacy. For example, cookies may be used to ensure that you will not see the same banner advertisement too often in a single session.
ChildhoodLoss may, in the course of providing services through its Website, ask You to disclose voluntarily certain information about Yourself. This could include information that identifies You or Your household. Any information in ChildhoodLoss’ possession solely as a result of Your use of the Website and that is associated with you or your household is considered “Personal Information.” It consists of both information supplied by you (e.g. name, address, telephone number and e-mail address) and information collected about how you use the Web site (e.g. the fact that you have bought merchandise through the Web site). ‘Personal Information’ does not include statistical data about large numbers of users, none of whom are identifiable, nor does it include information that you have posted for public view on the Website (either generally, or in areas available to only some visitors) or otherwise publicly disclosed.
ChildhoodLoss uses Personal Information only for purposes necessary to provide the Web site and other products and services to you. These purposes are:
- To process requests or orders placed with advertisers or merchants;
- to perform such normal business operations as billing, collecting and accounting;
- to personalize and publicize the Web site based on your interests, including making you aware of editorial features, advertisements and commercial items; and
- to investigate complaints and to protect the Web site and ChildhoodLoss, its users, officers, directors, employees, agents or volunteers as provided by law or in case of emergency, as determined by legal counsel for ChildhoodLoss.
Except as necessary to process your requests or orders placed with advertisers or merchants featured on the Web site, ChildhoodLoss does not rent, sell, barter or give away any lists containing Personal Information for use by any outside company. ChildhoodLoss also respects the privacy of data on your personal computer and does not access, read, upload or store data contained in or derived from your private files without your authorization.
- Opt Out Procedures
You may always opt out of receiving future mailings or other information from ChildhoodLoss. If the mailing does not have an e-mail cancellation form, send a letter to Dr. Elva Edwards, at the address listed above in Clause # 12 and Clause # 15 detailing the type of information that you no longer desire to receive.
- Children’s Privacy
The following additional terms, conditions and notices apply to use of the Web site by children under the age of 14 years whenever ChildhoodLoss becomes aware that a user is in that age range:
- Users under 14 years of age may not submit or post information on the Web site without the consent of the user’s parent or legal guardian. Prior to collecting any personal information about a child under 14, ChildhoodLoss makes reasonable efforts to obtain consent from the child’s parent after informing the parent about the types of information ChildhoodLoss will collect, how it will be used, and under what circumstances it will be disclosed.
- Although ChildhoodLoss will apply these children’s terms and conditions whenever it becomes aware that a user who submits Personal Information is less than 14 years old, no method is foolproof. ChildhoodLoss strongly encourages parents and guardians to supervise their children’s online activities and consider using parental control tools available from online services and software manufacturers to help provide a child-friendly online environment. These tools also can prevent children from disclosing online their name, address, and other personal information without parental permission.
- “Personal information” collected from children may include any of the information defined above as “Personal Information” with respect to general users of the Web site and may be used by ChildhoodLoss for the same purposes. Except as necessary to process a child’s requests or orders placed with advertisers or merchants featured on the Website, ChildhoodLoss does not rent, sell, barter or give away any lists containing a child’s Personal Information for use by any outside company.
- If a child enters a game, contest, poll or other activity sponsored by ChildhoodLoss on the Website, the child may be required by ChildhoodLoss to provide the minimum Personal Information reasonably necessary for the child to participate in such activity.
- A child’s parent or legal guardian may request ChildhoodLoss to provide a description of the Personal Information that ChildhoodLoss has collected from the child, as well as instruct ChildhoodLoss to cease further use, maintenance and collection of Personal Information from the child.
- If a child voluntarily discloses his or her name, e-mail address or other personally-identifying information on chat areas, bulletin boards or other forums or public posting areas, such disclosures may result in unsolicited messages from other parties.
- Contacting Us
If you have any questions about these Terms and Conditions, the practices of the Web site, or your dealing with ChildhoodLoss, you may contact us via this online form.