Brave Kids, Inc. (“Brave Kids,” “we,” “us,” or “our”) is a non-profit organization that operates www.bravekids.org (our “Website”) to provide a forum for interaction between children with, and interactions between parents of children with, chronic, life-threatening illnesses or disabilities and links to community resources in connection with such illnesses or disabilities. 

These Terms of Use (these “Terms”) set forth the terms for your use of our Website.  By continuing to use our Website you acknowledge that you have read, understand, and agree to be bound by these Terms.  If you do not agree with these Terms, you should not use our Website.  Please review Brave Kids’ Privacy Policy, which is part of these Terms.  Capitalized terms used in these Terms but not defined in these Terms have the meanings given to them in the Privacy Policy.

1. Registration.  Although you are not required to register to use most parts of our Website, you must register for a Brave Kids account (“Account”) to access certain parts of our Website, including the Public Areas (defined below).  If you register for an Account, you represent and warrant that all required registration information you submit is accurate.  You are solely responsible for all use of your Account and keeping your Account password confidential.

2. Submitted Material

2.1 By submitting any text, images, or other content to Brave Kids (“Your Content”), you represent and warrant that you have the rights to grant, and you hereby grant to Brave Kids, a non-exclusive, irrevocable, royalty-free, world-wide license to reproduce, distribute, modify, prepare derivative works of, publicly perform and/or publicly display and otherwise use any and all of Your Content to provide our Website and related-services (subject to the limitations in the Brave Kids Privacy Policy).

2.2 “Public Areas” are those areas of our Website in which you may send communications that are publicly available to anyone who may have access to that Public Area (including chat rooms, message boards, and pages that include testimonials). You should be careful about your communications in Public Areas because these communications disclose your Brave Kids username and any Personal Information you choose to disclose. Any information you include in your message board profile is also available to others.  If you use a Public Area you (and not Brave Kids) are solely responsible for your communications and the consequences of posting these communications.

2.3 You represent and warrant that Your Content will not (a) violate any third party right, including any intellectual property or proprietary right; (b) be unlawful, harassing, abusive, tortious, threatening, harmful, abusive, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, or otherwise objectionable, (c) be harmful to minors in any way; or (d) violate any law or regulation.  You agree not to use our Website to: (i) distribute any computer viruses, worms, or similar software; (ii) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or similar messages; (iii)  harvest or collect information or data regarding other users without their consent; (iv) interfere with or attempt to gain unauthorized access to our Website, or servers or networks connected to our Website; or (v) interfere with another user’s use and enjoyment of our Website. 

2.4 You (and not Brave Kids) are solely responsible for, and assume all risks associated with, Your Content, including any reliance on its accuracy, completeness, or usefulness by others.  You may not state or imply that Your Content is in any way provided, sponsored or endorsed by Brave Kids.  You, and not Brave Kids, are responsible for backing up Your Content. 

2.5 We have the right (but not the obligation) in our sole discretion to review Your Content and take appropriate action if you violate these Terms or any law or regulation.  Such actions may include removing or modifying Your Content, suspending or terminating your Account, and/or reporting you to law enforcement authorities.  We may suspend or terminate your Account at any time for any reason at our sole discretion.  Upon termination of your Account, we may delete Your Content.

3. Website Content

3.1 Your Rights to Use.  Brave Kids grants you a nontransferable and nonexclusive license to reproduce the text, images, and other content (but excluding Your Content) on our Website (“Website Content”) for your own personal use.  You may not use our Website Content for commercial purposes or distribute, modify, publicly perform, or publicly display the content without prior written permission from Brave Kids or the appropriate third party.  Please note: we would prefer that you send a link to our Website Content to others, rather than copy our Website Content itself, as it may change over time.  All copyright and other proprietary notices on any Website Content must be retained on any copies permitted by these Terms.  Brave Kids reserves the right, at any time, to modify, suspend, or discontinue our Website or any part of our Website with or without notice and any modification will be subject to these Terms.

3.2 Health Information.  Brave Kids is not engaged in rendering medical or professional services. Our Website, including our Website Content, is not intended to be and should not be used in place of the advice of your (or your child’s) physician or other healthcare professional, a visit, call or consultation with your (or your child’s) physician or other healthcare professional, or information contained on or in any product packaging or label. Our Website does not constitute medical advice. Should you have any healthcare-related questions, please call or see your (or your child’s) physician or other healthcare professional promptly. Should you (or your child) have an emergency, call your (or your child’s) physician, other healthcare professional, or 911 immediately. You should never disregard medical advice or delay in seeking medical advice because of any information on our Website, and you should not use our Website for diagnosing or treating a health problem. Additionally, the transmission and receipt of our Website, in whole or in part, or communication via the internet, e-mail or other means does not constitute or create a doctor-patient, therapist-patient or other healthcare professional relationship between you (or your child) and Brave Kids.

3.3 Ownership.  Some portions of our Website Content are provided by Brave Kids while other portions of our Website Content are provided by third parties (as described below).  You acknowledge that all the intellectual property rights in our Website Content and Website (excluding Your Content) are owned by Brave Kids or other third parties.  The provision of our Website does not transfer to you any rights, title or interest in or to such intellectual property rights.  Brave Kids and the other third parties reserve all rights not granted in these Terms. Copyright © 2009, Brave Kids. All trademarks, logos and service marks (“Marks”) displayed on our Website are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of the third party that owns the Marks.

3.4 Third Party Content/No Endorsements.  Our Website will contain Website Content provided by third parties (including other users) and links to third party websites (such third party content and links collectively, “Third Party Content”).  Third Party Content is not under the control of Brave Kids and Brave Kids is not responsible for any Third Party Content.  Brave Kids does not review and makes no guarantees, representations, warranties or endorsements regarding Third Party Content including with respect to the accuracy, currency, suitability, or quality of any Third Party Content or third party products or services.  Your interactions with any third party (including other users) is solely between you and that third party and if you have a dispute with any third party (including other users), Brave Kids has no obligation to become involved.  Your use of any link to any third party website (including any websites of another user) is at your own risk. When you leave our Website, our terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any third party website you access from a link on our Website.   You agree that Brave Kids will not be responsible for any liability, loss, damage, injury (including death), cost or expense you incur or suffer as a result of your interactions with any third party (including other users) or your reliance on any Third Party Content. 

3.5 Copyright Policy.  Brave Kids respects the intellectual property of others and asks that users of our Website do the same.  In connection with our Website, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of Accounts of users who are repeat infringers of intellectual property rights, including copyrights.  If you believe that one of our users is, through the use of our Website, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:

1. your physical or electronic signature;
2. identification of the copyrighted work(s) that you claim to have been infringed;
3. identification of the material on our Website that you claim is infringing and that you request us to remove;
4. sufficient information to permit us to locate such material;
5. your address, telephone number, and e-mail address;
6. a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
7. a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.

Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.

The designated Copyright Agent for Brave Kids is:
               
Kristen Fitzgerald
151 Sawgrass Corners Drive
Suite 204J
Ponte Vedra Beach, FL 32082
Phone Number:    (904) 280-1895
(800) 568-1008
Fax:        (904) 339-9391
Email:    info@bravekids.org

4. Indemnity.  You agree to indemnify and hold Brave Kids harmless from and against any and all claims, actions, proceedings, liabilities, losses, damages, costs and expenses (including attorneys’ fees) brought by any third party (including other users) arising out of or related to (a) your use of our Website or Website Content, (b) Your Content, (c) your interactions with third parties (including other users), or (d) your violation of these Terms.  Brave Kids will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

5. Disclaimer of Warranty

5.1 YOU ACKNOWLEDGE THAT BRAVE KIDS IS NOT ENGAGED IN THE PRACTICE OF MEDICINE AND THAT ALL DECISIONS MADE USING OUR WEBSITE CONTENT WILL BE YOUR EXCLUSIVE RESPONSIBILITY. YOU ACKNOWLEDGE THAT OUR WEBSITE CONTENT IS GENERAL IN NATURE, AND IS NOT INTENDED AS MEDICAL ADVICE. IT SHOULD NOT BE RELIED UPON AS A SUBSTITUTE FOR CONSULTATIONS WITH YOUR (OR YOUR CHILD’S) PHYSICIAN OR OTHER HEALTH CARE PROFESSIONALS WHO ARE FAMILIAR WITH YOUR INDIVIDUAL (OR YOUR CHILD’S) MEDICAL NEEDS. 

5.2 ACCESS TO OUR WEBSITE AND ANY AND ALL WEBSITE CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND. BRAVE KIDS AND ITS LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND QUIET ENJOYMENT. WE MAKE NO WARRANTY THAT OUR WEBSITE OR ANY WEBSITE CONTENT WILL MEET YOUR REQUIREMENTS,  BE AVAILABLE, UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, VIRUS FREE, ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE.  Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.

6. Limitation of Liability.  YOU AGREE THAT IN NO EVENT WILL BRAVE KIDS, ITS OFFICERS, DIRECTORS AND EMPLOYEES, BE LIABLE FOR ANY LOSS OF USE OF OUR WEBSITE, LOSS OF DATA, OR INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, ARISING FROM OR RELATING TO THESE TERMS, THE USE OF OR INABILITY TO USE OUR WEBSITE OR ANY WEBSITE CONTENT, OR RELIANCE UPON ANY WEBSITE CONTENT, EVEN IF BRAVE KIDS OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING CONTAINED IN THESE TERMS TO THE CONTRARY, OUR CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL DAMAGES ARISING FROM OR RELATED TO THESE TERMS, THE USE OF OR INABILITY TO USE OUR WEBSITE OR ANY WEBSITE CONTENT, AND RELIANCE UPON ANY WEBSITE CONTENT, FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO FIFTY US DOLLARS ($50).  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.

7. Changes to Terms.  These Terms are subject to occasional revision, and if we make any substantial changes, we will notify you by sending you an e-mail to the e-mail address on your Account and/or by prominently posting notice of the changes on our Website.  Any material changes to these Terms will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on our Website.  These changes will be effective immediately for new users of our Website.  Continued use of our Website following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the revised Terms.

8. General.  These Terms, the Privacy Policy, and any expressly designated legal  notices or terms located on particular pages of our Website, constitute the entire agreement and supersede all prior or contemporaneous agreements between you and Brave Kids regarding the subject matter hereof.  These Terms will be governed in all respects by Florida law, excluding any conflict of laws principles that would require the application of the laws of another jurisdiction. You agree to submit to the personal jurisdiction of the state courts and federal courts located within St. John’s County, Florida for the purpose of litigating all such claims or disputes. Neither party may assign these Terms without the other party’s prior written consent, except we may assign these Terms without your prior written consent to any third party pursuant to a transfer of all or substantially all of our business and assets, whether by merger, sale of assets or stock, or otherwise.  Any attempted assignment in violation of the foregoing will be null and void.  Our failure to exercise or enforce any right hereunder is not a waiver of such right. If any provision is held to be invalid, the other provisions will be unimpaired.  As used in these Terms, the word “including” means “including but not limited to.