Terms Of Service
Last updated: May 11, 2020
Please read these terms and conditions carefully before using Our Service.
Interpretation and Definitions
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of these Terms and Conditions:
- Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
- Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Childhaven.
- Country refers to: Washington, United States
- Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
- Service refers to the Website.
- Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
- Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
- Website refers to Childhaven, accessible from https://childhaven.org
- You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven’t purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.
“AS IS” and “AS AVAILABLE” Disclaimer
The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
If you have any questions about these Terms and Conditions, You can contact us:
- By email: firstname.lastname@example.org
- By phone number: 206.624.6477
CHILDHAVEN NOTICE OF PRIVACY PRACTICES
Effective Date: This Notice is effective on September 1, 2014
This Notice describes how medical and other confidential information about you (or an individual for whom you are the legal guardian) may be used and disclosed and how you can get access to this information. Please review it carefully.
OUR DUTY TO SAFEGUARDYOUR PROTECTED HEALTH INFORMATION
Individually identifiable information about your past, present, or future health condition, the provision of health care to you, or payment for health care is considered “Protected Health Information” (PHI). We are required to extend certain protections to your PHI, and to give you this Notice about our privacy practices that explains how, when, and why we may use or disclose your PHI. Except in specified circumstances, we must use or disclose only the minimum necessary PHI to accomplish the intended purpose of the use or disclosure.
HOW WE MAY USE AND DISCLOSE YOUR PROTECTED HEALTH INFORMATION
We use and disclose PHI for a variety of reasons. We have a limited right to use and/or disclose your PHI for purposes of treatment, payment, and for our health care operations. For uses beyond that, we must have your written authorization unless the law permits or requires us to make the use or disclosure without your authorization. If we disclose your PHI to an outside entity in order for that entity to perform a function on our behalf, we must have in place an agreement from the outside entity that it will extend the same degree of privacy protection to your information that we must apply to your PHI. However, the law provides that we are permitted to make some uses/disclosures without your consent or authorization. The following describes and offers examples of our potential uses/disclosures of your PHI.
USES AND DISCLOSURES RELATING TO TREATMENT, PAYMENT OR HEALTH CARE OPERATIONS
Generally, we may use or disclose your PHI as follows:
FOR TREATMENT: We will use/disclose your PHI without your authorization to provide, coordinate, and manage your health care and any related services. For example, we may disclose your PHI among the staff who work at Childhaven, including Child and Family Therapists, Therapeutic Classroom Teachers, and Nurses. Likewise, our staff may discuss your care in a clinical supervision or at a case conference.
TO OBTAIN PAYMENT: We may use/disclose your PHI in order to bill and collect payment for your health care services at Childhaven. Furthermore, we may disclose your PHI to permit your health plan to take certain actions before approving or paying for your services. These actions may include making a determination of eligibility or coverage, reviewing your services to determine if they were medically necessary and appropriately authorized, justifying the charges, and ensuring the appropriateness of your care. For example, your health plan may ask us to share PHI in order to determine if the plan will approve continued enrollment in our program.
FOR HEALTH CARE OPERATIONS: We may use/disclose PHI about you without your authorization for our health care operations. These uses and disclosures are necessary to run our organization and make sure that our consumers receive quality care. These activities may include quality assessment and improvement, reviewing the performance or qualifications of our clinicians, training students in clinical activities, licensing, accreditation, business planning and development, and general administrative activities. We may combine PHI of many of our clients to decide what additional services we should offer, what services are no longer needed, and whether certain treatments are effective. We may also provide your PHI to other health care providers or to your health plan to assist them in performing certain of their own health care operations. We will do so only if you have or have had a relationship with the other provider or health plan. For example, we may provide information about you to another provider to assist them in their quality assurance activities. Finally, we may use and disclose your PHI to inform you about possible treatment options or alternatives that may be of interest to you.
USES AND DISCLOSURES OF PHI REQUIRING CONSENT OR AUTHORIZATION
For uses and disclosures beyond treatment, payment, and operations purposes we are required to have your written authorization, unless the use or disclosure falls within one of the exceptions described below. Authorizations can be revoked at any time to stop future uses/disclosures except to the extent that we have already undertaken an action in reliance upon your authorization.
USES AND DISCLOSURES OF PHI NOT REQUIRING CONSENT OR AUTHORIZATION
The law provides that we may use/disclose your PHI without consent or authorization in the following circumstances:
EMERGENCIES: We may use and disclose your PHI in an emergency treatment situation. For example, we may provide your PHI to a paramedic who is transporting you in an ambulance.
WHEN REQUIRED BY LAW: We may disclose PHI when a law requires that we report information about suspected abuse, neglect, or domestic violence, or relating to suspected criminal activity. We may also disclose information in response to a court order, or for specific government functions. Additionally, we must disclose PHI to authorities that monitor compliance with these privacy requirements.
FOR PUBLIC HEALTH AND SAFETY: We may disclose PHI about you as necessary for public health activities. For example, to report to public health authorities for the purpose of preventing or controlling disease, injury, or disability, or to notify a person who may have been exposed to a communicable disease or who is at risk of contracting or spreading a disease or condition.
ABUSE AND NEGLECT: We may disclose PHI to notify the appropriate government agency if we believe an individual is a victim of abuse, neglect, or domestic violence.
FOR HEALTH OVERSIGHT ACTIVITIES: We may disclose PHI about you to a health oversight agency for activities authorized by law. Government oversight agencies include those that oversee the health care system such as State of Washington Department of Health or Department of Social and Health Services Mental Health Division, benefit programs such as Medicaid, and other programs regulating civil rights laws.
FOR RESEARCH PURPOSES: We may disclose your PHI to researchers when their research has been approved by an Institutional Review Board or a similar privacy board that has reviewed the research proposal and established protocols to protect the privacy of your health information.
TO AVERT THREAT TO HEALTH OR SAFETY: In order to avoid a serious threat to health or safety, we may disclose PHI as necessary to law enforcement or other persons who can reasonably prevent or lessen the threat of harm.
TO CORRECTIONAL INSTITUTIONS: If you are an inmate of a correctional institution or under the custody of a law enforcement official, we may disclose PHI about you to the correctional institution or law enforcement official.
USES AND DISCLOSURES REQUIRING YOU TO HAVE AN OPPORTUNITY TO OBJECT
In the following situations, we may disclose a limited amount of your PHI if we inform you about the disclosure in advance and you do not object, as long as the disclosure is not otherwise prohibited by law.
FAMILY, FRIENDS, OR OTHER INVOLVED IN YOUR CARE: We may share with these people information directly related to their involvement in your care, or payment for your care.
APPOINTMENT REMINDERS: We may remind you in writing or by phone/voicemail that you have an appointment with us. These reminders may be made by note, phone, or voicemail unless you specifically ask us to communicate with you through a different method as described later in this Notice.
RIGHTS REGARDING YOUR PROTECTED HEALTH INFORMATION
You have the following rights relating to your protected health information:
TO REQUEST RESTRICTIONS ON USES/DISCLOSURES: You have the right to ask that we limit how we use or disclose your PHI. We will consider your request, but are not legally bound to agree to the restriction. To the extent that we do agree to any restrictions on our use/disclosure of your PHI, we will put the agreement in writing and abide by it except in emergency situations. We cannot agree to limit uses/disclosures that are required by law.
TO CHOSE HOW WE CONTACT YOU: You have the right to request that we communicate with you about your health care only in a certain location or through a certain method. For example, you may request that we contact you only at work or by e-mail. We will accommodate all reasonable requests.
TO INSPECT AND REQUEST A COPY OF YOUR PHI: Unless your access to your records is restricted for documented treatment reasons, you have a right to see your PHI upon your written request. If we deny your access, we will give you written reasons for the denial and explain your right to have the denial reviewed. If you want copies of your PHI, a charge for copying may be imposed, depending on your circumstances. You have a right to choose what portions of your information you want copied and to have prior information on the cost of copying to you.
TO REQUEST AMENDMENT OF YOUR PHI: If you believe that there is a mistake or missing information in our record of your PHI, you may request, in writing, that we correct or add to the record. We may deny the request if we determine that the PHI is: (1) accurate and complete; (2) not created by us and/or not part of our records, or; (3) not part of the information that you would be permitted to inspect or copy. Any denial will state the reasons for denial and explain your rights to have the request and denial, along with any statement in response that you provide, appended to your PHI. If we approve the request, we will amend the PHI and so inform you, and tell others that need to know about the change in the PHI.
TO FIND OUT WHAT DISCLOSURES HAVE BEEN MADE: You have a right to get a list of when, to whom, and for what purpose, and what content of your PHI has been released other than instances of disclosure for treatment, payment, and operations to you, or your family. Your request can be related to disclosures going as far back as six years. There will be no charge for up to one such list each year. There may be a charge for more frequent requests.
For requests in any of these areas described above, please contact our Administration Office at 206-624-6477.
YOU HAVE THE RIGHT TO RECEIVE THIS NOTICE
You have a right to receive a paper copy of this Notice and/or an electronic copy by email upon request. You may request a copy of this Notice in person at Childhaven, or by calling 206-624-6477. It is also posted at all business sites and on our Web site at: www.Childhaven.org.
CHANGES TO PRIVACY PRACTICES
We reserve the right to change the terms of our Notice of Privacy Practices. We also reserve the right to make the revised or changed Notice effective for all PHI we already have about you as well as any PHI we receive in the future. We will post a copy of the current Notice at all business sites and on our Web site.
HOW TO COMPLAIN ABOUT OUR PRIVACY PRACTICES
If you think we may have violated your privacy rights, or you disagree with a decision we made about access to your PHI, you may file a written complaint with the office listed below. You also may file a written complaint with the Secretary of the U.S. Department of Health and Human Services at 200 Independence Avenue SW, Washington D.C., 20201 or call 1-877-696-6775. We will take no retaliatory action against you if you make such complaints.
CONTACT PERSON FOR INFORMATION OR TO SUBMIT A COMPLAINT
If you have questions about this Notice or any complaints about our privacy practices, please contact our Administration Office at:
Childhaven – HIPAA Privacy Officer
Seattle, WA 98122