Terms and Conditions

PLEASE READ THESE TERMS AND

CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE.

 

Welcome to Children’s Medical Nutrition Alliance’s Website (“Website”) and online information and communication service provided by Children’s Medical Nutrition Alliance (“CMNUA”).  CMNUA is a not-for-profit organization.

 

By using this Website, you agree to these Terms and Conditions (“Terms and Conditions”). If you do not agree to all of these Terms and Conditions, please do not use this website.

 

CMNUA may revise and update these Terms and Conditions at any time. Your continued usage of this Website will mean you accept those changes.

THIS WEBSITE DOES NOT PROVIDE MEDICAL ADVICE

 

The bottom line is that CMNUA does not provide medical advice.  This Website does not provide medical advice.  The contents of this Website, including, but not limited to, all text, graphics, images, information obtained from the licensors of CMNUA, and other material contained on this website (“Content”) are for educational and informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. You should always seek the advice of your personal physician or other qualified healthcare provider with any questions you may have regarding any medical condition.   If you suspect that you or your child has a medical problem or condition, please seek the advice of a qualified health care providers or physician.  Please do not disregard professional medical advice or delay in seeking professional medical advice because of anything that you have read or will read on this Website.  Please do not use this Website or its Content as the basis for making any medical decision or for changes in your diet or your child’s diet without consulting a physician. Never disregard professional medical advice or delay in seeking such medical advice because of something you have read on this Website.

 

If you think you may have a medical emergency, or in the event of a medical emergency, please immediately call your physician or 911 or your local emergency number.

 

CMNUA does not recommend or endorse any specific tests, doctors, healthcare providers, opinions, physicians, products, procedures, or other information that may be mentioned on this Website.   If you rely on any information that this Website or CMNUA provides, you and other visitors to this Website are doing so solely and completely at your own risk.

 

This Website may contain health-related or medical-related materials that are sexually explicit. If you find these materials offensive, you may not want to use this Website.

 

 

 

 

 

USE OF CONTENT/INTELLECTUAL PROPERTY RIGHTS

 

Use of this Website is subject to the following terms and conditions of use. The marks [                      ] are trademarks and/or service marks of CMNUA.  The Content, as well as the design, of this website is protected by all United States and foreign copyright laws.  Content published on this website belongs to CMNUA or is licensed to CMNUA.

 

You may e-mail, download, or print a copy a single copy of the Content on a single computer only for your personal and non-commercial use.  When you e-mail, download or print a copy of the Content, agree that you shall not alter or modify the Content in any way; you also agree that you shall include all applicable notices and disclaimers (including copyright notices).  You agree that you shall not use the Content in any way that suggests an association with CMNUA.  You agree that you shall not crawl, scrape, or otherwise cache any content from this Website. You also understand and agree that the title to the Content shall not pass to you or any other user.

 

Any special rules for the use of certain software and other items accessible on this Website may be included elsewhere within the Website and are incorporated by reference into these Terms and Conditions.  Any use of this the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws.  The Content and features of this Website are subject to change or termination without notice in the sole editorial discretion of CMNUA.  You agree to review these Terms and Conditions periodically to be aware of any modifications to these Terms and Conditions.  Your use of this Website constitutes your acceptance as it appears at the time of your access or use of this Website.  You may be required to enter into additional agreements or authorizations before you can access such features or services. All rights not expressly granted herein are reserved to CMNUA and its licensors.

 

Nothing contained on this Website should be construed as granting expressly, by implication, estoppel, or otherwise, any license or right to use this Website any Content or any documents displayed on this Website, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms and Conditions; or (b) with the prior written permission of CMNUA or such third party that may own copyrights in material displayed on this Website.

 

TERMINATION OF USE

 

If you violate any of these Terms or Conditions, your permission to use this Website and/or the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.

 

CMNUA may, in its sole discretion, terminate your account or your use of the Website at any time.  CMNUA reserves the right to change, suspend or discontinue all or any aspects of the Website at any time without prior notice.

 

ADVERTISEMENTS, SEARCHES, & LINKS TO THIRD PARTY WEBSITES

 

This Website contains links to other websites operated by third parties, including, but not limited to, third party websites that may display the CMNUA trademarks (“Third Party website,” “Third Party websites”). These links are available for your convenience and are intended only to enable access to these Third Party websites and for no other purpose.

 

CMNUA does not warrant or make any representation about the substance, quality, functionality, accuracy, fitness for a particular purpose, merchantability or any other representation about any Third Party website or its content. A link to a Third Party website on the CMNUA website does not constitute sponsorship, endorsement, or approval of any Third Party website. CMNUA makes no representation or warranty as to any products or services offered on any Third Party website. The conditions of use and privacy policy of any Third Party website may differ substantially from the conditions of use and legal notices that apply to your use of the website. Please review the conditions of use for all Third Party websites for more information about the terms and conditions that apply to your use of Third Party websites.   Your use of Third Party websites is at your own risk and subject to the terms and conditions of use for such websites.

 

When visiting this Website, your web browser may produce pop-up advertisements.  These advertisements were most likely produced by other websites you visited or by third party software installed on your computer.  CMNUA does not endorse or recommend products or services for which you may view a pop-up advertisement on your computer screen while visiting this Website.

 

USER SUBMISSIONS

 

The personal information you submit to CMNUA is governed by the CMNUA Privacy Policy (hyperlink). To extent there is an inconsistency between these Terms and Conditions and the CMNUA Privacy Policy (hyperlink), these Terms and Conditions will govern.   You shall not upload or transmit any communications or content of any type that infringes upon or violates any rights of any party.

 

If you make any such submission you agree that you will not send or transmit to CMNUA by email (including through the email addresses listed on the “Contact Us” page) any communication or content that infringes or violates any rights of any party.  If you submit any business information, process, design, device, idea, concept, or invention to CMNUA by email, you agree such submission is non-confidential for all purposes.

 

If you make any submission or if you submit any business information, process, design, device, idea, concept or invention to CMNUA by email, you automatically agree to grant and/or warrant that the owner of such content or intellectual property has expressly granted CMNUA a royalty-free, perpetual, irrevocable, worldwide nonexclusive license to use, reproduce, create derivative works from, modify, public, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed.  If you wish to keep any business information, process, designs, devise, process, design, device, ideas, concepts or inventions private or proprietary, do not submit them to the CMNUA by email.  We try to answer every email in a timely manner, but are not always able to do so.

 

 

USER SUBMISSIONS—PHOTO, VIDEO, AUDIO FILES

 

You agree to only post or upload media (such as photos, videos or audio) that you have taken yourself or that you have all rights to transmit and license and that do not violate trademark, copyright, privacy or any other rights or any other person.

 

To protect your privacy, you agree that you will not submit any media that contains Personally Identifiable Information (such as names, telephone numbers, email addresses or website URLs) of you or of anyone else.  Uploading media such as images or videos of other people without their permission is strictly prohibited.

 

By uploading any media on the CMNUA website, you warrant that you have permission from all persons appearing in your media for you to make this contribution and to grant the rights described herein.  Please never post a photo or video of you with someone else unless you have their explicit permission.

 

It is strictly prohibited to upload media of any kind that contains expressions of hate, abuse, offensive images or conduct, obscenity, pornography, sexually explicit or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with these Terms and Conditions or the CMNUA Privacy Policy (hyperlink).

 

You agree that you will not upload material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or of this Website.

 

By uploading any media such as a photo or video, (a) you grant to CMNUA a perpetual, nonexclusive, worldwide, royalty-free license to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in the media; (b) you certify that any person shown in the submitted media (or, if a minor, his/her parent/legal guardian) authorizes CMNUA to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in such media; and (c) you agree to indemnify CMNUA, and its affiliates, directors, officers, volunteers, agents, licensors, suppliers, and employees, and hold them harmless from any and all claims, damages, actions, demands, losses, liabilities, judgments, settlements, and expenses, including attorneys’ fees, accounting fees and costs arising from the media and/or your failure to comply with these terms described.

 

CMNUA reserves the right to review all media prior to submission to the Website to remove any media for any reason, at any time, without prior notice, at its sole discretion.

 

 

 

GENERAL

 

CMNUA is based in Rockville, Maryland, in the United States of America. CMNUA makes no claims that CMNUA Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the CMNUA website from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

 

The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Liability, User Submissions—Photo, Video, Audio, Files, Indemnity, Jurisdiction, and Complete Agreement.

 

DISCLAIMERS

 

YOU UNDERSTAND AND AGREE THAT CMNUA WEBSITE AND ANY SERVICES, CONTENT OR INFORMATION CONTAINED ON OR PROVIDED BY CMNUA IS PROVIDED ON AN “AS IS” BASIS. CMNUA DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE OR ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE. IN ADDITION, CMNUA DOES NOT GUARANTEE THAT USE OF CMNUA WEBSITE WILL BE FREE FROM TECHNOLOGICAL DIFFICULTIES INCLUDING, BUT NOT LIMITED TO, UNAVAILABILITY OF INFORMATION, DOWNTIME, SERVICE DISRUPTIONS, VIRUSES OR WORMS.  YOU UNDERSTAND THAT YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ACCURACY OF DATA INPUT AND OUTPUT.

 

LIABILITY OF CMNUA AND ITS LICENSORS

 

The use of the CMNUA website and the Content is at your own risk. When using the CMNUA Website, information will be transmitted over a medium that may be beyond the control and jurisdiction of CMNUA and its suppliers. Accordingly, CMNUA assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the CMNUA Website.

 

The CMNUA website and the Content are provided on an “as is” basis. CMNUA, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY’S RIGHT, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, CMNUA, its licensors, and its suppliers make no representations or warranties about the following:

 

  1. The accuracy, reliability, completeness, currentness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the CMNUA Website or CMNUA.

 

  1. The satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the Content contained on the CMNUA Website.

 

In no event shall CMNUA, its licensors, its suppliers, or any third parties mentioned on the CMNUA Website be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the CMNUA Website or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not CMNUA is advised of the possibility of such damages. CMNUA is not liable for any personal injury, including death, caused by your use or misuse of the Website.  Any claims arising in connection with your use of the Website and any Content must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms of Use are exclusive and are limited to those expressly provided for in these Terms of Use.

 

LIMITATIONS OF LIABILITY

 

THE USE OF THE WEBSITE IS ENTIRELY AT YOUR OWN RISK, AND IN NO EVENT SHALL CMNUA BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ANY OTHER MONETARY OR OTHER DAMAGES, FEES, FINES, PENALTIES, OR LIABILITIES ARISING OUT OF OR RELATING IN ANY WAY TO THIS SERVICE, OR WEBSITES ACCESSED THROUGH THIS SERVICE, AND/OR CONTENT OR INFORMATION PROVIDED HEREIN. YOUR SOLE EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT AND SERVICES AVAILABLE THROUGH THE WEBSITE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

 

Any claims arising in connection with your use of the Website and any Content must be brought within one (1) year of the date of the event giving rise to such action occurred.  Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.  In all cases, CMNUA shall be liable only to the extent of actual damages incurred by use, not to exceed U.S. $1,000.00.

 

 

 

 

NOTICE & TAKEDOWN PROCEDURE, AND COPYRIGHT AGENT

 

If you believe any materials accessible on or from the Website infringe your copyright, you may request removal of those materials (or access thereto) from this website by contacting CMNUA and providing the following information:

 

  1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.

 

  1. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide use with its URL or any other pertinent information that will allow us to locate the material.

 

  1. Your name, address, telephone number and (if available) e-mail address.

 

  1. A statement that you have a good-faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.

 

  1. A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.

 

  1. A signature or the electronic equivalent from the copyright holder or authorized representative.

 

 

JURISDICTION/CHOICE OF LAW & CHOICE OF FORUM

 

You expressly agree that exclusive jurisdiction for any dispute with CMNUA or in any way relating to your use of the CMNUA Website, resides in the courts of the State of Maryland and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Maryland in connection with any such dispute including any claim involving CMNUA or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.

 

These Terms of Use are governed by the internal substantive laws of the State of Maryland without respect to its conflict of laws principles. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

 

 

 

 

INDEMNIFICATION

 

You agree that you will indemnify CMNUA, its officers, directors, employees, volunteers, agents, licensors, and suppliers harmless from any claims, expenses, damages, actions or demands, losses, liabilities, judgments, costs, settlements, or expenses (including without limitation to reasonable legal, accounting, or attorneys’ fees and costs) arising out of a claim by a third party relating to materials you have posted, other actions taken by you on the website, or alleged to result from your violation of these Terms and Conditions.

 

COMPLETE AGREEMENT

 

Except as expressly provided in a particular “legal notice” on the CMNUA website, these Terms of Use and the CMNUA Privacy Policy constitute the entire agreement between you and CMNUA with respect to the use of the CMNUA website and Content.

 

Children’s Privacy

 

We are committed to protecting the privacy of children.  CMNUA conforms to the Children’s Online Privacy Protection Action (COPPA).  This website is not intended or designed to attract children under the age of 13.  CMNUA does not collect personally identifiable information from any person that it actually knows is a child under the age of 13.  CMNUA will never knowingly request personally identifiable information from anyone under the age of 13 without parental consent.  When CMNUA does receive information (with parental consent) from users under the age of 13, it will never voluntarily share their personally identifiable information with third parties, regardless of their stated preferences given at registration.  Please also see CMNUA’s separate Privacy Policy.

 

Intended for Users 18 and Older

 

The website is intended for use by individuals 18 years of age or older.  This website is not directed for use by children under the age of 18.  Users under the age of 18 should get the assistance of a parent or guardian to use this website.

 

You agree that you will not:

 

  • Upload and transmit any communications or content of any type that may infringe or violate any rights of any party;

 

  • Use this website for any purpose in violation of local, state, national or international laws;

 

  • Use this website as a means to distribute advertising or other unsolicited material to any third party;

 

  • Use this website to post or transmit material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful or embarrassing to any other person or entity; and

 

  • Attempt to disable, “hack” or otherwise interfere with the proper functioning of this website.

 

If you use any part of the website requiring secure access, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.

 

CONTACT INFORMATION

 

Thank you for your cooperation. We hope you find the CMNUA website helpful and convenient to use! Questions or comments regarding this website, including any reports of non-functioning links, should be directed by electronic mail to psamuel@cmnua.org

 

Copyright © 2014 CMNUA, Inc. All Rights Reserved