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THE CHILDREN'S INSTITUTETerms of Use

Terms of Use

The Children’s Institute of Pittsburgh (“The Children’s Institute”) operates www.amazingkids.org (the “Site”). Please read these Terms of Use carefully before using the Site. Your access to and use of the Site is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Site. 


Your Agreement to Terms of Use

By using the Site, you agree to these Terms of Use as amended from time to time.  Furthermore, when you access the Site and at various other places on the Site, you specifically acknowledge your agreement with the most current version of these Terms of Use.  


Acceptable Use

You may use our site only for lawful purposes and are prohibited from the following:
  • The reproduction, duplication, copy, or re-sale of any part of the Site
  • The harm or harassment of other Site users
  • The use of any device or software that contains viruses, malicious code, or any other harmful programs intended to interfere with the proper working of the Site or impose an overload on our infrastructure
  • The use of this Site if you are under age 18.


We Do Not Provide Medical Advice on This Site

The informational content and comments fields available on the Site are for obtaining general information and educational purposes only. The content and services offered on this Site are not intended to provide medical advice, diagnosis, or treatment. This Site is not a substitute for obtaining professional medical advice, diagnosis, or treatment. Please do not provide any patient health information in the comments fields in the Site. If you choose to do so, any such information does not constitute patient Protected Health Information, as that term is defined by the Health Insurance Portability and Accountability Act of 1996, and its implementing regulations (“HIPAA”) and will not be subject to the privacy and security protections under HIPAA.


Copyright and Content Ownership

The Site and the content accessible through the Site, and all intellectual property rights included in or associated with the Site, including but not limited to patents, copyrights, trademarks and service marks (collectively, "Content"), are owned or licensed by The Children’s Institute, and all right, title and interest in and to the Site and Content remains with us and our licensors. Except as ordinarily occurs when a website is downloaded to your computer in the normal course of browsing such web site, material from the Site may not be copied, distributed, re-published, uploaded, posted, modified, reverse engineered, or transmitted in any manner without our prior written consent.  Certain Content may be licensed from third parties and all such third-party content and intellectual property rights related to such content belong to the respective third parties. In any event, you may not remove any copyright, trademark or other intellectual property or proprietary notice or legend contained on the Site or in the Content. 


Privacy Policy

Our Privacy Policy for the access to and use of our Site can be found here (LINK). By agreeing to these Terms of Use, you also agree to our Privacy Policy which is incorporated herein by reference.  As with other provisions of these Terms of Use, the Privacy Policy is subject to change from time to time.  Your continued use of the Site constitutes your acceptance of any changes to the Privacy Policy.


Disclaimer of Warranties

The material on this Site could include technical inaccuracies or typographical errors. YOU USE THE SITE AT YOUR OWN RISK.  THE SITE IS PROVIDED "AS IS," WHERE IS, WITH ALL FAULTS AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY.  THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORTS IS WITH YOU. WE SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF FITNESS FOR PARTICULAR PURPOSE, MERCHANTABILITY, QUALITY, ACCURACY, OR TITLE. FURTHERMORE, THERE IS NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SITE OR AGAINST INFRINGEMENT. We also do not guarantee uninterrupted or secure access to the Site, that defects will be corrected, or that the Site or the servers that make it available are free of viruses or other harmful components.


Limitation of Liability

We provide the Site as an online service provider; we are not responsible for any loss or injury whatsoever due to Content or other information published through this Site.  The Site may be unavailable due to maintenance or other factors and we will have no liability for any such unavailability.  We will also not have any liability for any loss of data, degraded data, old or outdated data, or errors in data resulting from non-deliveries, mis-deliveries or service interruptions caused by us, any third-party acts or any other web host provider or the Internet infrastructure and network external to the Site. The limitations of liability provided in these Terms of Use inure to our benefit and to the benefit of our affiliates, and to all of our respective officers, directors, employees, and agents. 

IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUE, REGARDLESS OF WHETHER WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY UNDER THIS AGREEMENT EXCEED $100.

Some jurisdictions do not allow excluding or limiting implied warranties or limiting liability for incidental or consequential damages, and some jurisdictions have special statutory consumer protection provisions which may supersede the foregoing disclaimers and limitations.  As a result, these disclaimers and/or limitations may not apply to you if prohibited by law.


Linking and Third-Party Content; Additional Functionality

The Site may contain links to third-party web sites not under our control or operation. We provide any such links only as a convenience and do not endorse and are not responsible for the contents of any linked site or any link contained in a linked site. The Site may contain news, information, or pricing published by various third-party providers.  Use of any third-party content may be conditioned upon terms and conditions as provided, from time to time, by such third-party providers.

Certain portions of the Site may contain additional functionality, including but not limited to web portals, web applications and other interactive features restricted by username/password access (“Optional Functionality”).  Access to any Optional Functionality is subject to a separate monitoring or other services agreement between you and us, and such access to the Optional Functionality may be subject to terms from our third party service providers and may be terminated without notice upon termination of the separate monitoring or services agreement and/or if we determine that you are using the Optional Functionality improperly, illegally or in any other manner which is detrimental to us and/or our customers and suppliers.


Indemnification

You agree to indemnify, defend and hold us harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys' fees) resulting from: (i) your use of the Site; (ii) your breach of any provision of these Terms of Use; (iii) the illegality, reliability, appropriateness, originality or copyright of any submission to The Children’s Institute; and/or (iv) any intentional wrongdoing by you. 


Governing Law, Arbitration, and Jurisdiction

You recognize that, although the Internet can be accessed from anywhere in the world, the Site is deemed to be located in the Commonwealth of Pennsylvania, and that when you access the Site, you are doing so in the Commonwealth of Pennsylvania, USA. These Terms of Use shall be governed by and construed in accordance with the internal substantive laws of the Commonwealth of Pennsylvania without giving effect to any principles of conflict of law and the federal laws of the United States of America.   ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OF USE, OR THE BREACH THEREOF, SHALL BE SETTLED BY ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS COMMERCIAL ARBITRATION RULES, AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR(S) MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF.  YOU FURTHER AGREE THAT ANY ARBITRATION ACTION BROUGHT BY YOU ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE PROVIDER WEB SITE SHALL BE FILED ONLY IN ALLEGHENY COUNTY, PENNSYLVANIA AND YOU HEREBY CONSENT AND SUBMIT TO PERSONAL JURISDICTION AND VENUE IN ALLEGHENY COUNTY, PENNSYLVANIA.


Termination

We may terminate or suspend access to the Site immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms of Use.


Miscellaneous

Headings are for reference purposes only. Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable materials. Specifically, you agree to comply with all applicable laws regarding the transmission of technical or other data exported from the United States or the country in which you reside. These Terms of Use, and any web pages or other documents incorporated by reference, set forth the entire understanding and agreement between us with respect to the subject matter hereof. 


Changes to the Terms

We reserve the right, at our sole discretion, to modify or replace these Terms of Use at any time.


Contact Us

If you have any questions about these Terms of Use, please contact us at 412.420.2193.

 

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