End User License Agreement

Celiac Disease Management for Learning Environments Training Program End-User License Agreement

By viewing and/or using this Site or the Program, you are agreeing to be bound by all of the terms and conditions explained below.

The Celiac Disease Foundation, in cooperation with Children’s National and Boston Children’s Hospital, has developed a Celiac Disease Management for Learning Environments Training Program to make evidence-based guidelines, related summaries, and companion resources widely available to provide educators, food service providers, and parents/guardians with tools to create and maintain an environment that reduces the risk of gluten exposure for children with celiac disease. The guidelines and some of the related resources on this Site are the products of named organizations that are solely responsible for their content.

This End-User License Agreement (“License Agreement”) is an agreement between you and the Celiac Disease Foundation (“CDF”) for access to and use of the Celiac Disease Management for Learning Environments Training Program and Resources that are provided to you on the CDF website (together with its related sites and other services, the “Site”).

1. Grant of Limited License.

Subject to the terms and conditions of this License Agreement, CDF hereby grants to you a non-transferable, non-exclusive, limited, personal license to access and view the Program provided on the Site.

2. Intellectual Property Rights.

You acknowledge that CDF is the owner of all right, title and interest in and to the Program including, without limitation, all modifications, updates and other derivative works thereof and all copyright and other intellectual property rights related thereto. Except for the limited rights expressly set forth in this License Agreement, you hereby agree that you shall not at any time dispute, challenge, or contest, directly or indirectly, CDF’s right, title and interest in and to the Program, or assist or aid others to do so.

3. Restrictions on Use; Accounts; User-Submitted Content.

A) General

You may view the Program contained on the Site solely for your own personal purposes. You may not copy, transfer, reproduce, modify or create derivative works of any part of the Program for any reason and may not use the Program for any commercial purpose. You may not obtain or attempt to mine any information from the Site through any means not intentionally made available by us through the Site. You may not reverse engineer, decompile or disassemble any software located on or in the Site.

B) Not Medical Advice

The Program is provided for education and informational purposes only. The Program does not constitute medical advice and should not be used in place of seeking professional medical advice, diagnosis or treatment by licensed practitioners. CDF makes no representations or warranties and explicitly disclaims the appropriateness or applicability of the Program to any specific patient’s care or treatment.

C) Review of Use

Upon CDFs request, you shall provide CDF with examples of each use you have made of the Program under this License Agreement. You agree to immediately cease any such use on receipt of notice from CDF that such use is in violation of this License Agreement.

D) Accounts and Security

Use of certain portions of the Site may require you to create a valid account (“Account”) and may be subject to different or additional terms depending on the service. You are responsible for maintaining the confidentiality of your Account and the activity that happens on or through your Account. CDF reserves the right at all times (but will not have an obligation) to terminate your Account or otherwise suspend or terminate your access to the Site. You have the right to cancel your Account at any time. You can cancel your Account by following the procedures made available through the Site. By creating an Account, you represent that you are at least 18 years of age and that the information you provide in connection with the creation of your Account is accurate.

E) User Submitted Content

You may be permitted to upload or submit content to the Site in various forms (collectively, “User Content”). By providing any User Content, you agree that it will not: (i) infringe any copyright, trademark, patent, trade secret, or other proprietary right of any party; (ii) be profane, obscene, indecent or violate any law or regulation; (iii) defame, abuse, harass, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; (iv) misrepresent your licensure, credentials or professional status; (v) incite discrimination, hate or violence towards one person or a group because of their belonging to a race, a religion or a nation; or (vi) restrict or inhibit any other user from using the Site.

By uploading or submitting User Content to the Site, you give CDF a non-exclusive, royalty-free, world-wide, perpetual, transferable license to use, store, reproduce, adapt, distribute and publicly display such User Content in any and all media or distribution methods (now known or later developed).

You acknowledge that by providing the ability to view and distribute your User Content on the Site, CDF is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability related thereto. However, CDF reserves the right to review User Content and take any action CDF deems necessary as to such User Content, including but not limited to editing or removing your User Content and/or suspending or terminating your access to the Site based on your violation of the rules specified here. CDF also reserves the right to preserve access or disclose any User Content as we may believe necessary to satisfy any applicable law, regulation, legal process or governmental request, enforce this License Agreement, address fraud, security or technical issues, respond to user support requests, or protect the rights, property or safety of CDF, its users and the public.

4. Restrictions; Disclaimers; Limitation of Damages.

A) General

The Program is a statement of consensus of the authors regarding their views of currently accepted approaches to creating and maintaining an environment that reduces the risk of gluten exposure for children with celiac disease.

B) Updates

The Program is updated at CDF’s discretion to reflect updates and changes by the authors. CDF will make reasonable efforts to post updated versions of the Program on the Site, provided that CDF has no obligation to advise you of any updates nor does CDF have any obligation to update the Program at any time for any reason.

C) No Representations or Warranties

CDF makes no representations or warranties and explicitly disclaims the appropriateness or applicability of the Program to any specific advocacy endeavor.

D) WARRANTY DISCLAIMER

CDF MAKES NO WARRANTIES CONCERNING THE SITE OR THE PROGAM, WHICH ARE PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CDF DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. CDF DOES NOT WARRANT THE ACCURACY, CURRENCY, APPROPRIATENESS, APPLICABILITY OR COMPLETENESS OF THE PROGRAM, OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE PROGRAM.

E) LIABILITY LIMITATION

YOUR USE OF THE SITE AND THE PROGRAM IS AT YOUR OWN RISK. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL CDF AND ITS EMPLOYEES BE LIABLE FOR ANY DAMAGES OF ANY KIND INCLUDING DIRECT, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE LICENSE GRANTED UNDER THIS AGREEMENT OR USE OF THE SITE OR THE PROGRAM, INCLUDING, WITHOUT LIMITATION, LOSS OF LIFE, PHYSICAL INJURY, PROPERTY DAMAGE, LOSS OF DATA, LOSS OF INCOME OR PROFIT, OR ANY OTHER DAMAGES, LOSSES OR CLAIMS, EVEN IF CDF AND ITS EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR CLAIMS.

F) INDEMNIFICATION

You agree to indemnify and hold harmless CDF, its affiliates, and respective members, employees, officers, directors and agents (collectively, the “Indemnified Parties”) from any liabilities, costs, claims, demands, or damages, including reasonable attorneys’ fees, asserted by any third party due to or arising out of: (i) any breach by you of this License Agreement; (ii) your use or access of the Site or the Program; (iii) any User Content; or (iv) any activity related to your Account by you or any other person accessing the Site using your Account.

5. Trademarks.

You recognize that all trademarks and service marks associated with the Program (“Marks”) are owned by CDF. CDF retains all goodwill and intellectual property rights in such Marks. You shall not use the Marks or any confusingly similar Marks for any commercial purpose, including, without limitation, for purposes of marketing or promoting your services, without the prior written approval of CDF, which approval may be withheld in CDF’s sole discretion. Each approved use of the Marks shall require the independent written approval of CDF.

6. Notices.

You shall not remove any copyright, trademark or other notices or legends contained on the Program and all copies of the Program must contain, at a minimum, the following notice: ©Celiac Disease Management for Learning Environments Training Program. All Rights Reserved.

7. Modification of License Agreement.

CDF reserves the right to change the terms of this License Agreement at any time. Updated versions of this Agreement will appear on this Site. Continued use of any updated version of the Program after any such changes constitutes your agreement to be bound by such changes.

9. Remedies for Violation.

CDF reserves the right to seek all remedies available at law and in equity for violations of this License Agreement, including but not limited to the right to block access to the Site and the Program.

10. General.

You agree that this License Agreement contains the entire agreement between CDF and you relating to its subject matter. If any provision of this Agreement is held to be invalid or unenforceable, the validity and enforceability of the remaining provisions shall not be affected thereby. This Agreement will be governed by and construed in accordance with the laws of California without giving any effect to the conflict of law provisions thereof, and each party agrees to submit to personal jurisdiction in the federal and state courts of California and waives any objection to venues in said courts. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. The Site may not be accessed from Crimea – Region of Ukraine, Cuba, Iran, North Korea, , Syria or any other country to which the United States has embargoed goods. You agree that the Program will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act, or any other export laws, regulations or restrictions.

IF YOU OR YOUR ORGANIZATION WOULD LIKE TO USE, COPY, ENDORSE AND/OR DISTRIBUTE THE PROGRAM FOR ANY PURPOSE, OR IF YOU OR YOUR ORGANIZATION IS INTERESTED IN LICENSING THE PROGRAM AND/OR IF YOU HAVE ANY QUESTIONS REGARDING PERMISSION TO USE THE PROGRAM, PLEASE CONTACT SIERRA MANNING, RESEARCH AND ADVOCACY COORDINATOR AT [email protected].