The Childhaven Web Site (“Site”) is provided by Childhaven and contains information from Childhaven as well as other content providers. Your access and use of the Site is governed by these Terms of Use and any notices and consents provided or obtained in connection with the Site (collectively, “Agreement”). As used in this Agreement, “Childhaven,” “We,” “Us” or “Our” refers to Childhaven. “You” or “Your” refers to you, the user of the Site.
1. Privacy
Our Privacy Policy is a part of this Agreement and its terms are incorporated by this reference. The policy explains how certain information about you may be used. Please read it now.
2. License to Use the Site
Childhaven hereby grants you the right to view and use the Site solely for your personal non-commercial purposes. Subject to applicable law, Childhaven reserves the right to suspend or deny, in its sole discretion, your access to all or any portion of the Site with or without notice. You may access and print copies of the web pages found at this Site, including a copy of this Agreement, for your personal use. Permission to reprint or electronically reproduce any Content (as defined in Section 3) in whole or in part for any other purpose is expressly prohibited, unless prior written consent is obtained from the respective copyright holder(s). All rights not expressly granted herein are reserved to Childhaven and its licensors.
3. Content on this Site
The material contained on this Site, including without limitation all text, graphics, images, sounds and information (“Content”), is for informational purposes only, and is protected by copyright under both United States and foreign laws.
4. Submissions to the Site
Should you provide this Site with information, including without limitation, feedback, data, questions, comments or suggestions (“Submissions”) those Submissions will be deemed not to be confidential and Childhaven is free to use those Submissions for any purpose without obligation of any type to you.
5. No Endorsement; Links to Third Party Web Sites
Childhaven does not endorse the content on any third-party web site. Childhaven is not responsible for the content of linked third-party sites or third-party advertisements, and does not make any representations regarding their content or accuracy. Childhaven is not liable for any technological, legal or other consequences that arise out of your visit or transactions there. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. Any transaction that you conduct at a third-party site will be between you and the party providing that web site. This means that we are not your agent and will not be a party to any transaction at those sites.
6. PayPal Hosts part of the Site
PayPal (“RN”) hosts Childhaven-branded Site pages via which end users may make donations to Childhaven and register for Childhaven events. PayPal does not review or monitor any content on those pages and has no liability for any content posted on them. Users of the PayPal hosted pages are required to comply with applicable law and with PayPal’s Acceptable Use Policy at http://www.paypal.com/cgi-bin/webscr?cmd=p/gen/ua/use/index_frame-outside. If you have any questions or complaints about the PayPal hosted Site pages, please direct them to chaven1@childhaven.org.
7. Your Representations and Warranties
You must not upload or transmit any communications or content of any type that infringe or violate any rights of any party. You warrant to us that you will not use this Site for any purpose that is unlawful or prohibited by this Agreement.
8. Indemnity
You agree to defend, indemnify, and hold Childhaven, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation or alleged violation of this Agreement.
9. Disclaimer of All Warranties and Duties
THIS SITE IS PROVIDED AS IS, AS AVAILABLE AND WITH ALL FAULTS. WE MAKE NO REPRESENTATIONS OR ENDORSEMENTS ABOUT THE TIMELINESS OR ACCURACY OF THE CONTENT ON THIS SITE FOR ANY PURPOSE. WE PROVIDE NO EXPRESS WARRANTIES AND DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AVAILABILITY OF THE SITE, LACK OF VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES, ACCURACY COMPLETENESS, RELIABILITY OR TIMELINESS. WE ALSO DISCLAIM ALL DUTIES OF REASONABLE CARE, WORKMANLIKE EFFORT AND LACK OF NEGLIGENCE. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU.
10. Limitation on Liability & Remedies
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CHILDHAVEN BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THIS SITE OR WITH THE DELAY OR INABILITY TO USE THIS SITE EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS REGARDING DAMAGES WILL APPLY EVEN IF ANY REMEDY FAILS. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
11. Changes to this Agreement
Childhaven may change this Agreement periodically with or without notice. You are bound by the version of the Agreement that is in effect on the date of your visit.
12. Governing Law; Statute of Limitations
This Agreement is governed by the law of the state of Washington. Any dispute arising under this Agreement or concerning its interpretation will be resolved exclusively in the state or federal courts located in King County, Washington, and you consent to jurisdiction in those courts. Childhaven makes no claims that this Site is appropriate for viewing or accessing outside of the United States. Use of the Site is not authorized in any jurisdiction that does not give effect to all provisions of this Agreement. Childhaven’s performance of this Agreement (including the Privacy Policy) is subject to existing laws and legal process, and you agree that we may comply with law enforcement or regulatory requests or requirements notwithstanding any contrary term of this Agreement. Any cause of action or claim you may have with respect to this Site must be commenced within 1 year after the claim or cause of action arises or such claim or cause of action is barred. In any dispute between Childhaven and you relating to this Site, the prevailing party will be entitled to attorneys’ fees, costs and expenses.
13. Miscellaneous; Entire Agreement
If any part of this Agreement is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall continue in effect. The Agreement constitutes the entire agreement between you and Childhaven with respect to this Site and supersedes all other (prior or contemporaneous) communications and proposals, whether electronic, oral or written, between you and Childhaven regarding the Site. Sections 1, 4, and 6-12 will survive any termination of this Agreement.