SMART START ELIGIBILITY WIZARD
TERMS AND CONDITIONS
General Use of the Site (smartstartwizard.org)
We invite you to use the Site for individual, consumer purposes (Permitted Purposes) – enjoy!
By using the Site, you promise that you are at least 13 years of age. If you are not yet 18 years old, you must have the permission of an adult to use the Site and agree to its Terms, and that adult must be a parent or legal guardian who is willing to be responsible for your use of the Site. In these Terms we are granting you a limited, personal, non-exclusive and non-transferable right to access and use and to display the Materials; your right to use the Materials is conditioned on Your compliance with these Terms. You have no other rights in the Site or any Materials and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Site or Materials in any manner. If we permit you, in writing in advance, to make copies of any part of the Site, you agree not to remove or alter any of our copyright and other proprietary notices as they appear on the Site. Further, you explicitly agree that you have not been granted any license to use the Smart Start Wizard proprietary platform or API. Unfortunately, if you breach any of these Terms the above right of access and use will terminate automatically.
Use of the Services by You and Authorized End Users
Under certain circumstances, you may be presented with the ability to send referrals or inquiries directly to Community Based Organizations (“CBOs”) that are also Authorized End Users of our Site and Services. If you are a “covered entity” or “business associate” as those terms are defined in regulations promulgated under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), at 45 CFR 160.103, You are responsible for ensuring that disclosures that you make to any CBO comply with HIPAA requirements. For the avoidance of doubt, First 5 Lake County is not a business associate of any CBO, and does not sign a “business associate agreement” or other written agreement governing the use or disclosure of “protected health information” with any CBO. Between You and First 5 Lake County, you are solely responsible for entering into a business associate agreement with any entity if, in your sole interpretation, one is necessary to disclose or receive information to that entity.
You agree that you will not, and will not permit any Authorized End Users to: (i) copy or duplicate any of the Materials in any form, regardless of technique (e.g., screen-scraping, downloading, printing except as permitted in this Agreement and the Documentation or otherwise); (ii) decompile, disassemble, reverse engineer or otherwise attempt to obtain or perceive the source code from which any software component of any of the Materials is compiled or interpreted, or apply any other process or procedure to derive the source code of any software included in the Materials, or attempt to do any of the foregoing, and you acknowledge that nothing in these Terms will be construed to grant you any right to obtain or use such source code; (iii) modify, alter, tamper with or repair any of the Materials, or create any derivative product from any of the foregoing, or attempt to do any of the foregoing, except with our prior written consent; (iv) interfere or attempt to interfere in any manner with the functionality or proper working of any of the Materials; (v) remove, obscure, or alter any notice of any intellectual property or proprietary right appearing on or contained within any of the Materials; (vi) use any Open Source Software in connection with any of the Materials in any manner that requires, pursuant to the license applicable to such Open Source Software, that any of the Materials be (a) disclosed or distributed in source code form, (b) made available free of charge to recipients, or (c) modifiable without restriction by recipients; (vii) assign, sublicense, sell, resell, lease, rent or otherwise transfer or convey, or pledge as security or otherwise encumber, your rights granted hereunder; (viii) host, save, preserve, memorialize, aggregate, collect, compile, or otherwise retain or store any of the Materials (or any copy thereof); or (ix) use the Materials in any manner not expressly authorized by these Terms. You will ensure that Your use of any of the Materials complies with all applicable laws, statutes, regulations, or rules and will not use any of the Materials in connection with any illegal activities.
In addition to our cancellation rights set forth in these Terms, First 5 Lake County reserves the right, in our reasonable discretion, to temporarily suspend your access to and use of the Services: (i) during planned downtime for upgrades and maintenance to the Services (First 5 Lake County will generally provide notice of such planned downtime on the Smart Start Wizard homepage); (ii) during any unavailability caused by circumstances beyond our reasonable control, such as, but not limited to, acts of God, acts of government, acts of terror or civil unrest, technical failures beyond our reasonable control (including, without limitation, inability to access the Internet), or acts undertaken by third parties; or (iii) if we suspect or detect any malicious software connected to your Account or use of the Services by you or your Authorized End Users.
We acknowledge that you retain all right, title and interest in and to your Content. You grant to us the right to use your Content for purposes of making available the Services to You. Notwithstanding anything else in these Terms or otherwise, First 5 Lake County may monitor your use of the Services and use data and information related to such use, and Your Content in an aggregate and anonymous manner, including to compile statistical and performance information related to the provision and operation of the Site and Services (“Aggregated Statistics”). As between First 5 Lake and you, all right, title and interest in the Aggregated Statistics and all intellectual property rights therein, belong to and are retained solely by First 5 Lake County. You acknowledge that First 5 Lake County will be compiling Aggregated Statistics based on your Content input into the Services and you agree that First 5 Lake County may (a) make such Aggregated Statistics publicly available, and (b) use such information to the extent and in the manner required by applicable law or regulation and for purposes of data gathering, analysis, service enhancement and marketing, provided that such data and information does not identify you or your Confidential Information.
By using the Site and/or the Services provided on or through the Site, you consent to receiving electronic communications from Us. These electronic communications may information concerning or related to the Site and/or Services provided on or through the Site, and requests for your feedback on Site experience and value. These electronic communications are part of your relationship with Us. You agree that any notices, agreements, disclosures, or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
You and Aunt Bertha agree as follows with respect to Confidential Information: (i) to use Confidential Information disclosed by the other party only for the purposes described herein; (ii) to not reproduce Confidential Information of the other party, and to hold in confidence and protect such Confidential Information from dissemination to, and use by, any third party; (iii) to not create any derivative work from the Confidential Information of the other party; (iv) to restrict access to the Confidential Information of the other party to its personnel, agents, and/or consultants, who have a need to have access and who have been advised of and have agreed in writing to treat such Confidential Information in accordance with these Terms; and (v) to return or destroy all Confidential Information disclosed by the other party that is in its possession upon termination or expiration of the Account or Services. Notwithstanding the foregoing, the obligations contained in this paragraph will not apply to Confidential Information that (i) is publicly available or in the public domain at the time disclosed; (ii) is or becomes publicly available or enters the public domain through no fault of the recipient; (iii) is rightfully communicated to the recipient by persons not bound by confidentiality obligations with respect thereto; (iv) is already in the recipient’s possession free of any confidentiality obligations with respect thereto at the time of disclosure; (v) is independently developed by the recipient; or (vi) is approved for release or disclosure by the disclosing party without restriction. Notwithstanding the foregoing, each party may disclose Confidential Information to the limited extent required (x) in order to comply with the order of a court or other governmental body, or as otherwise necessary to comply with applicable law, provided that the party making the disclosure pursuant to the order shall first have given written notice to the other party and made a reasonable effort to obtain a protective order; or (y) to establish a party’s rights under these Terms, including to make such court filings as it may be required to do.
Links to Third-Party Sites
We think links are convenient, and we sometimes provide links on his Site to third-party Sites. If you use these links, you will leave the Site. We are not obligated to review any third-party Sites that you link to from the Site, we do not control any of the third-party Sites, and we are not responsible for any of the third-party Sites (or the products, services, or content available through any of them). Thus, we do not endorse or make any representations about such third-party Sites, any information, software, products, services, or materials found there or any results that may be obtained from using them. If you decide to access any of the third-party Sites linked to from the Site, you do this entirely at your own risk and you must follow the privacy policies and terms and conditions for those third-party Sites.
To be clear, we authorize your use of the Site only for Permitted Purposes. Any other use of the Site beyond the Permitted Purposes is prohibited and, therefore, constitutes unauthorized use of the Site. This is because as between you and us, all rights in the Site remain our property.
Unauthorized use of the Site may result in violation of various United States and international copyright laws. Because we prefer keeping this relationship drama-free, we want to give you examples of things to avoid. So, unless you have written permission from us stating otherwise, you are not authorized to use the Site in any of the following ways (these are examples only and the list below is not a complete list of everything that you are not permitted to do): (a) For any public or commercial purpose which includes use of the Site on another site or through a networked computer environment; (b) In a manner that modifies, publicly displays, publicly performs, reproduces or distributes any of the Site; (c) In a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law; (d) To stalk, harass, or harm another individual; (e) To impersonate any person or entity or otherwise misrepresent Your affiliation with a person or entity; (f) To interfere with or disrupt the Site or servers or networks connected to the Site; (g) To use any data mining, robots, or similar data gathering or extraction methods in connection with the Site; or (h) To attempt to gain unauthorized access to any portion of the Site or any other accounts, computer systems, or networks connected to the Site, whether through hacking, password mining, or any other means.
“First 5 Lake County” and “Smart Start Lake County” are trademarks that belongs to us. Other trademarks, names and logos on the Site are the property of their respective owners. Unless otherwise specified in these Terms, all Materials, including the arrangement of them on the Site are the sole property of First 5 Lake County. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
All right, title and interest in the Site, Services and any other Materials furnished or made available hereunder, including without limitation all data generated from your use of the Materials, Site, and Services, and all modifications and enhancements thereof, and all suggestions, ideas and feedback proposed by you regarding the Materials, Site, and Services, including all copyright rights, patent rights and other intellectual property rights in each of the foregoing, belong to and are retained solely by First 5 Lake County and First 5 Lake County’s licensors and providers, as applicable. You hereby do and will irrevocably assign to First 5 Lake County all evaluations, ideas, feedback, and suggestions made by you whether transmitted to First 5 Lake County by phone, email, or otherwise regarding the Site, Materials, and Services (collectively, “Feedback”) and all intellectual property rights in the Feedback.
You agree to hire attorneys to defend us against any claims by third parties related to or in connection with: (i) Your negligence or willful misconduct; (ii) Your or Your Authorized End Users’ violation of these Terms; (iii) Your and Your Authorized End Users’ use of the Site or Services; or (iv) any products or services offered or otherwise provided by You; or (v) any violation of applicable local, state, or federal laws or regulations by You and Your Authorized End Users. You also agree to pay any damages that we may end up having to pay as a result of Your violation. You alone are responsible for any violation of these Terms by You or Your Authorized End Users. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with our defense of such claim.
Disclaimer of Warranties
THE SITE, THE SERVICES, AND MATERIALS ARE PROVIDED “AS IS” AND “WITH ALL FAULTS” AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE IS WITH YOU. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY) WITH RESPECT TO THE SITE, SERVICES, AND MATERIALS WHICH INCLUDES BUT IS NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. THIS MEANS THAT WE DO NOT PROMISE YOU THAT THE SITE, SERVICES, AND MATERIALS ARE FREE OF PROBLEMS. Without limiting the generality of the foregoing, we make no warranty that the Site or Services will meet your requirements or that the Site or Services will be uninterrupted, timely, secure, or error-free or that defects in the Site will be corrected. We make no warranty as to the results that may be obtained from the use of the Site or Services or as to the accuracy or reliability of any information obtained through the Site or Services. No advice or information, whether oral or written, obtained by you through the Site or from us or our subsidiaries, licensors, agents, or affiliated companies shall create any warranty. We disclaim all equitable indemnities.
Limitation of Liability
IN NO EVENT WILL FIRST 5 LAKE COUNTY (OR ITS AFFILIATES, SUBSIDIARIES, LICENSORS OR AGENTS) BE LIABLE TO YOU FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, REGARDLESS OF THE NATURE OF THE CLAIM, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, COSTS OF DELAY, ANY FAILURE OF DELIVERY, BUSINESS INTERRUPTION, COSTS OF LOST OR DAMAGED DATA OR DOCUMENTATION, OR LIABILITIES TO THIRD PARTIES ARISING FROM ANY SOURCE, EVEN IF FIRST 5 LAKE COUNTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION UPON DAMAGES AND CLAIMS IS INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THIS AGREEMENT HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE.
THE CUMULATIVE LIABILITY OF FIRST 5 LAKE COUNTY (OR ITS AFFILIATES, SUBSIDIARIES, LICENSORS OR AGENTS) TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS, INCLUDING, WITHOUT LIMITATION, ANY CAUSE OF ACTION SOUNDING IN CONTRACT, TORT, OR STRICT LIABILITY, WILL NOT EXCEED THE TOTAL AMOUNT OF $500. THIS LIMITATION OF LIABILITY IS INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THIS AGREEMENT HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE.
Local Laws; Export Control
We control and operate the Site from our headquarters in the United States of America and the entirety of the Site may not be appropriate or available for use in other locations. If You use the Site outside the United States of America, you are solely responsible for following applicable local laws.
We think direct communication resolves most issues – if we feel that you are not complying with these Terms, we will tell you. We will even provide you with recommended necessary corrective action(s) because we value this relationship. However, certain violations of these Terms, as determined by us, may require immediate termination of your access to the Site without prior notice to you.
California state law and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Foreign laws do not apply. Any disputes relating to these Terms or the Site will be heard in the courts located in Lake County, California. If any of these Terms are deemed inconsistent with applicable law, then such term(s) shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. By choosing not to enforced any of these Terms, we are not waiving our rights. These Terms are the entire agreement between you and us and, therefore, supersede all prior or contemporaneous negotiations, discussions, or agreements between everyone about the Site. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.
If you have any questions about these Terms or otherwise need to contact us for any reason, you can reach us at: firstname.lastname@example.org.