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Terms of Use

Terms of Use

AGREEMENT BETWEEN USER AND GROWING PAINS

The Growing Pains Web Site is comprised of various Web pages operated by the American Chronic Pain Association (ACPA).

The Growing Pains Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (“Terms of Use”). Your use of the Growing Pains Web Site constitutes your acceptance of all such Terms of Use, and these Terms of Use represent a legally binding agreement between you and ACPA.  These Terms of Use, together with the Growing Pains Privacy Policy, constitute the entire understanding between you and ACPA regarding the use of the Growing Pains Web Site.

MODIFICATION OF THESE TERMS OF USE

ACPA reserves the right to change or update these Terms of Use without prior notice, including but not limited to the charges associated with the use of the Growing Pains Web Site.   Therefore, we encourage you to periodically review these Terms of Use, and you may at any time print, download and/or store a copy of these Terms of Use. 

LINKS TO THIRD PARTY SITES

The Growing Pains Web Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of ACPA and ACPA is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. ACPA is not responsible for webcasting or any other form of transmission received from any Linked Site. ACPA is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by ACPA of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Growing Pains Web Site, you warrant to ACPA that you will not use the Growing Pains Web Site for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Growing Pains Web Site in any manner which could damage, disable, overburden, or impair the Growing Pains Web Site or interfere with any other party's use and enjoyment of the Growing Pains Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Growing Pains Web Site.

IF YOU BECOME A MEMBER OF GROWING PAINS

You must be 13 years or older to use the Growing Pains Web Site.  All users must create an account (“Account”) in order to use the Growing Pains Web Site.  For users between the ages of 13 and 18, permission from a parent or guardian over the age of 18 will be needed in order to create the user’s Account.

You must provide your full legal name, a valid email address, and any other information requested during sign-up in order to complete the Account registration process. You may from time to time be required to provide further contact and other information as a condition of continuing use of part(s) or all of the Growing Pains Web Site.

You must update any information provided immediately if it becomes inaccurate and must ensure that the email address in your Account information is at all times a valid address at which you can be contacted.

You must not provide any knowingly false or inaccurate information, whether during the Account registration process or otherwise.

Accounts must not be registered by a "bot" or any other automated process or method.

You will need to create a log-in name and a password in order to establish an Account. You must not use a log-in name that is also being used by anyone else, and your log-in name must not be vulgar, offensive or otherwise objectionable, as determined by ACPA or its internet hosting service or other network providers at their sole discretion. Protecting your Account and preserving the security of your password is your responsibility. Neither ACPA nor its internet hosting service or other network providers shall have any obligation or liability to you or any third party for any loss or damage resulting from your failure to maintain adequate protection for your Account, log-in name and/or password. You agree to notify ACPA immediately if you suspect any unauthorized use of your Account.

Only one person may use a log-in. Stated differently, a single login must not be shared by multiple users.

An Account may not be transferred or converted to a new Account. However, an Account can be upgraded, for a separate charge, in order to obtain premium features and/or functionality that ACPA may choose to make available to you.

Notwithstanding any of the above, you acknowledge and agree that these Terms of Use will apply to anyone that you authorize, allow or otherwise permit to use your Account, user ID and/or password that you create, and, moreover, that you will be personally responsible and solely liable for the consequences, including the potential termination of your Account(s), that may result if any such person(s) violates any of the provisions of these Terms of Use.  ACPA shall not be liable for any acts or omissions by you or others in connection with your username, password, or Account.

USE OF COMMUNICATION SERVICES

The Growing Pains Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services").  You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, pictures, content, material or information.
  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
  • Conduct or forward surveys, contests, pyramid schemes or chain letters.
  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying the Communication Services.
  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
  • Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
  • Violate any applicable laws or regulations.

ACPA has no obligation to monitor the Communication Services. However, ACPA reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. ACPA reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

ACPA reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in ACPA's sole discretion.

Always use caution when giving out any personally identifying information about yourself (or your children, if applicable) in any Communication Service. ACPA does not control or endorse the content, messages or information found in any Communication Service and, therefore, Growing Pains specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized ACPA spokespersons, and their views do not necessarily reflect those of ACPA.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO ACPA OR POSTED AT THE GROWING PAINS WEB SITE

ACPA does not claim ownership of the materials you provide to ACPA (including feedback and suggestions) or post, upload, input or submit to any Growing Pains Web Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting ACPA, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. ACPA is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in ACPA's sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

DISCLAIMERS AND LIMITATIONS OF LIABILITY

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE GROWING PAINS WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION THEREIN AND HEREIN. ACPAMAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE GROWING PAINS WEB SITE AT ANY TIME.  ACPA MAKES NO WARRANTY AS TO THE AVAILABILITY OF CONTENT ON THE GROWING PAINS WEB SITE OR THE WEB SITE ITSELF, AND IS NOT RESPONSIBLE IN ANY MANNER SHOULD CONTENT ON THE GROWING PAINS WEB SITE OR THE WEB SITE ITSELF BECOME UNAVAILALBE TO USERS WHETHER THROUGH THE FAULT OF ACPA, AN INTERNET SERVICE PROVIDER, OR OTHERWISE.

NOTHING ON THE GROWING PAINS WEB SITE OR OTHER COMPONENTS THEREOF IS INTENDED AS MEDICAL ADVICE OR ANY OTHER KIND OF ADVICE WHATSOEVER.  CONTENT RECEIVED VIA THE GROWING PAINS WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

ACPA MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE GROWING PAINS WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. ACPA HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES WITH REGARD TO SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ACPA OR ITS OFFICERS, DIRECTORS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE OR DATA, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE GROWING PAINS WEB SITE, WITH THE DELAY OR INABILITY TO USE THE GROWING PAINS WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE GROWING PAINS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE GROWING PAINS WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ACPA HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE GROWING PAINS WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE GROWING PAINS WEB SITE.


TERMINATION/ACCESS RESTRICTION

ACPA reserves the right, in its sole discretion, to terminate your access to the Growing Pains Web Site and the related services or any portion thereof at any time, without notice.

 

COPYRIGHT AND TRADEMARK NOTICES:

Except as specifically provided in these Terms of Use, the Growing Pains Web Site and components thereof, including, but not limited to, text, images, audio, audiovisual content, source code, applets, web modules, and downloadable and web-enabled programs used in connection with the Web Site, constitutes the intellectual property and proprietary content of ACPA and/or its licensors and are protected under United States and international copyright, trademark, trade, patent, and other intellectual property laws, where applicable.  ACPA and its licensors grant you a personal, non-transferable and non-exclusive right and license to use the Growing Pains Web Site. No transfer or grant of any intellectual property is made or implied by this license and ACPA reserves all rights in such intellectual property.

ACPA’s word marks, design marks, and slogans, which include Growing PainsSM,  are either registered and/or unregistered common law trademarks and/or service marks ("Marks") of ACPA, or licensors. No display or use of such Marks may be made without the express written permission of ACPA.

ACAP respects the intellectual property rights of others. If you believe that any item or activity taking place in connection with the Growing Pains Web Site may constitute infringement of an intellectual property or other proprietary right, please notify us.  ACPA shall diligently respond to any such notices, including notices in accordance with the Digital Millennium Copyright Act (“DMCA”), under the US copyright law.  As required or appropriate under the DMCA, ACPA shall also remove the infringing material or disable links to infringing material as appropriate or required.  Please send the DMCA notice with regard to infringing material or links to infringing material to: growingpains@theacpa.org

 

GENERAL

These Terms of Use are governed by the laws of the State of Washington, U.S.A., without giving effect to any conflict of laws provisions, and you hereby consent to the exclusive jurisdiction and venue of courts in King County, Washington, U.S.A. in any and all disputes arising out of or relating to the use of the Growing Pains Web Site. Use of the Growing Pains Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation this paragraph. If any part of these Terms of Use are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, 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 these Terms of Use shall remain in full force and effect.   Failure of ACPA to exercise or enforce any right or provision of these Terms of Use shall not be deemed as a waiver of such right or provision.  These Terms of Use shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, representatives, successors or assigns.

CONTACT INFORMATION

Inquiries regarding these Terms of Use may be submitted to ACPA at: growingpains@theacpa.org

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