Terms of Use

Children’s Healing Center Website Terms of UseLast Updated: January 23, 2020

These Terms of Use apply to the Children’s Healing Center website—www.childrenshealingcenter.com, the Children’s Healing Center online member portal, and related sites (collectively, the “Site”). This Site is owned and operated by Children’s Healing Center, a Michigan nonprofit corporation, and its affiliates (collectively, “CHC”, “we” or “us”).

You should read these Terms of Use carefully. Your access to and use of this Site are governed by these Terms of Use, which are a legally binding contract between you and CHC. In addition, when using a particular service and/or accessing certain materials on or through this Site, you will be subject to any posted terms, conditions and rules applicable to the service and/or materials, which are incorporated into these Terms of Use and govern any conflict or inconsistency with these Terms of Use.

IF YOU DO NOT UNDERSTAND, ACCEPT AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THESE TERMS OF USE YOU SHOULD DISCONTINUE YOUR USE OF THE SITE.

Amendments to Terms of Use
CHC reserves the right to change the terms and conditions of these Terms of Use, the Privacy Policy, and/or any of its other terms, conditions and rules relating to the Site, at any time in its sole discretion. CHC shall notify you of such changes. Continued use of the Site after any such changes have been posted shall constitute your agreement to them.

Third Party Service Providers
CHC may use third party service providers to help develop and maintain this Site, to provide specific services offered through this Site, and to help service your Account. You agree that the terms and conditions set forth in these Terms of Use, including all disclaimers of warranties and limitations of liability, inure to the benefit of any third party service providers engaged by CHC. All references to CHC are deemed to include its agents and service providers. All agents and service providers of CHC will be authorized to use your personal information only for the purpose for which they are hired.

Site Materials, Services, and Software
Through this Site, CHC may make available to you: (a) certain audio and visual articles, text, information, data, images, illustrations, photographs, video, documents and other materials contained or displayed in or made available through the Site (collectively, “Materials”); and (b) various services and functionality (collectively, “Services”).

CHC and its licensors grant to you a personal, non-exclusive, non-transferable license to: (a) access, view, download, and print Materials; and (b) use the tools and software on the Site (collectively, “Software”) solely for your own informational, financial and non-commercial use. In these Terms of Use, all references to the “Site” shall be deemed to include all “Software,” “Materials” and “Services,” unless otherwise expressly indicated. All rights not expressly granted by CHC to you are retained by CHC, and you may not use the Site and/or any element of the Site in any manner or for any purpose not expressly authorized by these Terms of Use. The rights granted to you do not include, and are not applicable to, the design or layout of the Site, which are protected by trade dress and other laws and may not be copied or imitated in whole or in part.

The Site design, text and graphics, and the selection and arrangement of such elements are copyrighted and are protected by worldwide copyright laws and treaty provisions. Unless otherwise indicated, all product and service marks and logos displayed on the Site are subject to the trademark rights of CHC, its affiliates, or its business partners. You shall not: (a) remove or destroy any proprietary rights marks or legends on or in the Site; (b) modify, enhance, adapt, translate, or create derivative works of the Site; (c) republish, post, transmit, transfer, distribute, assign, sublicense, rent, lease or sell the Site; (d) decompile, disassemble or reverse engineer the Site; (e) reproduce or make copies of the Site; (f) “frame” or “mirror” the Site on any other server or Internet-based device; and/or (g) access, view, download, print, use and/or display the Site for any commercial or other money-making purpose; (h) use any data mining, robots, or similar data gathering and extraction tools; or (i) use any meta tags or any other “hidden text” utilizing CHC’s name or trademarks without our express written consent. You acknowledge that certain elements of the Site are, or may in the future be, licensed to CHC by third parties and that the availability of such elements may cease automatically, without notice or liability on the part of CHC.

Our trademarks cannot be used without an express, written license agreement. Our trademarks and trade dress may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits CHC. All other trademarks not owned by CHC that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by CHC.

CHC and/or its licensors own and shall retain all rights, title and interests, including all intellectual property rights, in and to the Site, and all elements thereof. Except for the express licenses granted to you herein, you neither have nor acquire any rights, title or interests in or to the Site, or any element thereof.

Site Access, Registration, and Passwords
As a condition to using certain aspects of the Service, such as becoming a CHC member and obtaining access to CHC’s online member portal, you may be required to register an account with CHC and select a username (“User ID”) and password. You shall provide CHC with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of these Terms of Use, which may result in immediate termination of your CHC Account. You shall not (i) select or use as a User ID or domain a name of another person with the intent to impersonate that person; (ii) use as a User ID or domain a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a User ID or domain a name that is otherwise offensive, vulgar or obscene. We reserve the right to refuse registration of, or cancel a User ID and domain in our sole discretion.

You are solely responsible for the security of online access to this Site, including access to any user account (“Account”), and you must take precautions to protect the confidentiality of your password and User ID. You should not share your password or User ID with any other person or entity.

You should contact CHC immediately if you suspect unauthorized use of your password or User ID, or any other unauthorized activity on your Account. You are and will be responsible for all activities conducted on and with the Site that make use of your password and/or User ID, including any use you may subsequently contend was not authorized by you. CHC may justifiably assume that any instructions received through any electronic systems and placed under your Account or password were authorized by you.

Eligibility
The Service is available only to individuals who are at least 13 years old.  You represent and warrant that you are of legal age to form a binding contract, and that all registration information you submit is accurate and truthful. CHC may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service is revoked in such jurisdictions.

User Content
The Service provides you with the ability to upload or otherwise provide information, data, text, software, photographs, graphics, messages, products, services and/or other materials (individually and collectively, “Content”) on CHC’s online member portal forum. All Content is the sole responsibility of the person by whom the Content was posted. This means that you, and not us, are solely responsible for all Content that you upload, post, transmit or otherwise make available through or on this Site. You are also solely responsible for all Content posted under your Account. CHC does not control the Content posted on or through this Site and, therefore, CHC does not guarantee the accuracy, integrity or quality of such Content. You represent and warrant that (i) you own or otherwise control all of the rights to the Content that you post; (ii) that the Content is accurate; (iii) use of the Content you supply does not violate this policy; (iv) the Content does not infringe any intellectual property or other rights of any third party and does not violate any applicable laws or regulation; and (v) the Content will not cause injury to any person or entity.

Should Content be deemed illegal, CHC will cooperate with the proper authorities, including but not limited to submitting all necessary information to them. If we determine, in our sole discretion, that any Content submitted by you is offensive, inappropriate, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, we may ask you to retract or modify the Content in question, or we may edit or remove the Content or terminate your Account. We have no obligation, however, to restrict or monitor Content in any way.

You may see or read things that you do not like or agree with on our Site. You understand that by using our Site, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted or otherwise made available through our Site. You acknowledge that we do not have any obligation to pre-screen Content, although we reserve the right, in our sole discretion, to refuse or delete any Content.

You are solely responsible for any use or reliance on the Content, including on its accuracy, completeness, or usefulness. You acknowledge that we do not have any obligation to pre-screen Content, but that we and our designees shall have the right (but not the obligation) in our sole discretion to refuse or remove any Content that is available through our Site. Without limiting the foregoing, we and our designees shall have the right to remove any Content that violates these Terms of Use or any other applicable policy or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

We do not want to receive any confidential or proprietary information from you through this Site or by email. Unless otherwise agreed in writing by an authorized CHC employee, any material, information or idea you transmit to CHC or the Site by any means may be disseminated or used by CHC without compensation or liability to you for any purpose whatsoever.

We do not claim ownership of the Content you upload, place or post through this Site. You are responsible for protecting your rights in such Content and are not entitled to our help in protecting such Content. 

Feedback
In the event that you provide CHC with any comments, suggestions or other feedback with respect to the Site or any component thereof (collectively, “Feedback”), CHC, without any restrictions, has the right but not the obligation, to use such Feedback in any way, including incorporating such Feedback into the Site, without obligation to you.  CHC will be the owner of, and free to use for any purpose, any ideas, concepts, know-how, or materials developed by or on behalf of CHC resulting from your Feedback, including, without limitation, any modifications or enhancements to the Site.  You shall not knowingly include any third-party intellectual property or content in Feedback.

Prohibited Behaviors
Your ability to use this Site depends on your compliance with the conduct guidelines set forth in these Terms of Use. If you fail to conduct yourself appropriately, we may revoke your privileges to use all or a portion of this Site and/or take other appropriate measures to enforce these community standards and conduct guidelines if violations are brought to our attention. The following is a non-inclusive list of behaviors that are not permitted on the Site. You agree not to:

  1. Upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy (up to, but not excluding any address, email, phone number, or any other contact information without the written consent of the owner of such information), hateful, or racially, ethnically or otherwise objectionable;
  2. Harm minors in any way;
  3. Engage in hacking, phishing, spamming, scamming, identity theft, fraud, forgery, deception, virus or malware distribution, network attacks, and interference with any other user’s use of the Services.
  4. Engage in the unauthorized access, monitoring, collection, or use of data, systems or networks.
  5. Transmit, distribute or store illegal or fraudulent information or material that will infringe or otherwise violate any privacy, intellectual property, publicity or other personal rights including, any copyright, patent, trademark, trade secret or other proprietary right.
  6. Upload, post or otherwise transmit any material that contains software viruses, Trojan horses, malware or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or intercept messages sent from a computer or communications device;
  7. “Stalk” or otherwise harass another;
  8. Harvest or collect any information about or regarding other Account holders, including, without limitation, any personal data or information;
  9. Upload, post, or otherwise transmit unsolicited commercial email or “spam”. This includes unethical marketing, advertising, “chain letters” or any other practice that is in any way connected with “spam”, such as (a) sending mass email to recipients who haven’t requested email from you or with a fake return address, (b) promoting a site with inappropriate links, titles, descriptions, or (c) promoting your site by posting multiple submissions in public forums that are identical; or
  10. Engage in offensive activities such as harassment or transmitting or distributing content that is inappropriate, obscene, defamatory, threatening, abusive, that advocates violence, or that violates a law, regulation, or public policy.
  11. In addition, you must comply with all applicable laws, rules and regulations related to your use of the Site, specifically including data protection and privacy laws, as well as laws relating to unsolicited commercial electronic messages.

Privacy
You agree that CHC may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, support, and other services to you (if any) related to the Site. CHC may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you. Your use of our Site is subject to our Privacy Policy.  Please read it so that you understand the parameters of privacy when using our Site. Keep in mind, however, that the information you make available as part of your public profile, and the information that you voluntarily post on this Site, are public and are not protected under our Privacy Policy.

We reserve the right to monitor some, all, or none of the areas of this Site for adherence to these Terms of Use. You acknowledge that by providing you with the ability to post information on this Site, we are acting as a passive conduit for distribution and we are not undertaking any obligation or liability relating to any postings or activities on this Site.

Third Party Information
Please be aware that when you are on the Site, you could be directed to other sites that are beyond CHC’s control. CHC is not responsible for the content of any linked site or any link contained in a linked site owned or controlled by a third party. CHC reserves the right to terminate any link or linking program at any time. CHC provides such links only as a convenience to you. CHC has not endorsed, tested or verified any information, programs, companies, or products on sites to which it links. If you decide to access any third party sites linked to this Site and/or provide any personally identifiable information to such, you do so subject to the terms and policies applicable to those sites and entirely at your own risk.

CHC may provide you information from third parties as part of this Site. Unless expressly stated, CHC does not represent, endorse or guarantee the accuracy, completeness, timeliness, reliability or suitability of any information provided by third-parties. You agree that CHC is not responsible for third party information accessible through this Site, including opinions, advice, statements, and advertisements, and that you use such information at your own risk.

Territory
CHC operates this Site from its office within the United States. CHC makes no representation that content and materials on this Site are legal or appropriate for use outside the United States. Please keep in mind that this Site may not conform with the laws of your country. If you access this Site from outside the United States, you do so at your own risk. You may not use the Site in violation of United States export laws and regulations.

Disclaimer of Warranties; Assumption of Risk
THIS SITE, INCLUDING ALL MATERIALS, SERVICES, SOFTWARE, INFORMATION AND OTHER CONTENT AVAILABLE ON AND/OR THROUGH THIS SITE, IS PROVIDED BY CHC “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, CONTINUED AVAILABILITY, QUALITY, ACCURACY AND/OR SYSTEM COMPATIBILITY. IN ADDITION, NO WARRANTIES SHALL ARISE FROM ANY COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE.

YOU AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. BY USING THIS SITE, YOU ASSUME ALL OF THE RISKS ASSOCIATED WITH SUCH USE, AND YOU EXPRESSLY RELEASE CHC, AND ITS THIRD PARTY INFORMATION AND SERVICE PROVIDERS, FROM ANY AND ALL LIABILITY, CLAIMS AND/OR LOSSES ARISING FROM OR CONNECTED WITH SUCH RISKS. YOU ACKNOWLEDGE THAT: THE SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS AND THE SITE MAY BECOME INOPERABLE OR OTHERWISE UNAVAILABLE FOR PERIODS OF TIME. THE INFORMATION PROVIDED ON THIS SITE IS PROVIDED FOR GENERAL CONSUMER UNDERSTANDING AND EDUCATIONAL PURPOSES ONLY AND SHOULD NOT BE INTERPRETED AS A RECOMMENDATION FOR A SPECIFIC COURSE OF ACTION. THE INFORMATION MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. ALTHOUGH CHC MAY UPDATE THIS SITE, SOME OF THE INFORMATION MAY BE OUT OF DATE OR CONTAIN OTHER ERRORS. CHC DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF ANY INFORMATION POSTED OR ANY OPINION, ADVICE OR STATEMENT DISPLAYED ON THIS SITE. REFERENCES TO THIRD PARTIES, THEIR SERVICES AND PRODUCTS, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.

Limitation of Liability
REGARDLESS OF THE FORM OF ACTION OR THEORY OF RECOVERY, AND EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT SHALL CHC, ITS AFFILIATES, ITS LICENSORS AND/OR ITS SERVICE PROVIDERS BE LIABLE OR RESPONSIBLE TO YOU IN ASSOCIATION WITH THE SITE, OR YOUR USE THEREOF, FOR ANY: (A) INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, EVEN IF THEY ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES; OR (B) LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOST EXPECTANCY OR BUSINESS INTERRUPTIONS OR (C) TOTAL DAMAGES IN EXCESS OF (IN THE AGGREGATE) FIFTY DOLLARS ($50.00). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. ANY CLAIM RELATED TO THE WEBSITE MUST BE INITIATED WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT THAT GAVE RISE TO THE CLAIM.

CHC SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DELAY OR FAILURE IN THE SITE, OR ANY COMPONENT THEREOF, OR YOUR ABILITY TO ACCESS OR USE THE SITE, RESULTING FROM CAUSES OUTSIDE OF CHC CONTROL, INCLUDING, WITHOUT LIMITATION, POWER OUTAGES, ACCIDENTS, STRIKES, FIRES, WAR OR ACTS OF GOD.

Indemnity
You agree to indemnify, defend and hold harmless CHC, and its parents, subsidiaries, affiliates, officers, agents, co-branders, partners, licensors, and employees, from and against any alleged claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of this Site, your connection to this Site, your violation of these Terms of Use or any other applicable policy, your violation of any rights of another, or breach of any representation or warranty made by you under these Terms of Use, whether you are a registered user or not. You are solely responsible for your actions when using this Site, including, but not limited to, costs incurred for Internet access.

Termination
CHC may terminate your access to this Site at any time and for any reason without prior notification. Additionally, CHC may modify this Site at any time, and continuing to use the Site constitutes your agreement to such modifications. We may also, in our sole discretion and at any time, with or without notice, discontinue this Site or any portion of it, restrict the time the Site is available, or restrict the amount of use permitted. You agree that we may terminate or restrict your access to this Site under these Terms of Use or under any other applicable policy without prior notice, and acknowledge and agree that we may immediately deactivate or delete your Account, as applicable, and all related information and files.. We reserve the right to bar any further access to such files and this Site. You agree that we will not be liable to you or any third-party for any termination of your Account or access to this Site. Provisions that survive termination of these Terms of Use are those relating to ownership, limitations of liability, indemnification and others which by their nature are intended to survive.

Applicable Law, Severability and Waiver
In order to ensure consistency in the interpretation and enforcement of these Terms of Use and CHC’s rights in the Site, these Terms of Use will be governed exclusively by Michigan law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. You expressly agree that any litigation or dispute arising between you and CHC related, in any way, to the Site and/or these Terms of Use, and/or any and all disputes, actions, claims, or causes of action related thereto, shall be initiated and maintained before the Circuit Court for Kent County, Michigan or the United States District Court for the Western District of Michigan, Southern Division.  You expressly consent and irrevocably submit to the exclusive personal jurisdiction and venue of such courts.

If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be modified to the extent necessary to be valid and enforceable, and all other provisions of these Terms of Use shall remain in full force and effect.

The failure of CHC to enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by CHC in writing. No waiver shall be implied from a failure of either party to exercise a right or remedy. In addition, no waiver of a party’s right or remedy will affect the other provisions of these Terms of Use.

DIGITAL MILLENNIUM COPYRIGHT NOTICES
Notices and demands made pursuant to the Digital Millennium Copyright Act Section 512(c), 17 U.S.C. § 512(c) should be submitted to:

Executive Director
Children’s Healing Center
1530 Fulton Street East
Grand Rapids, MI 49503

Miscellaneous

  • Our policies are entire and exclusive. No verbal statements or representations are binding on CHC.
  • You may not change – such as by amendment or modification – any of our policies at all without our prior written consent.
  • All references to “us,” “we,” “our,” and this “Site” relate to CHC, Inc., its affiliates, parents, subsidiaries, directors, successors, officers, assigns, employees, contractors and agents.
  • We may assign our rights, duties and obligations under these Terms of Use at any time and without any notice to you.

Contacting Us
If you have questions about these Terms of Use or our products generally, please contact us at any time as follows:

Children’s Healing Center
1530 Fulton Street East
Grand Rapids, MI 49503
Attn: Executive Director
Email: [email protected]
Phone: (616) 426-8366

You may also contact us through our online contact form, available here.

Effective Date: 2/3/2011