Last updated: August 6, 2021
Under Section 13 below, any disputes or claims related to this Agreement will be resolved by arbitration to the extent permitted by law. The Agreement contains a waiver of any rights to sue in court, including through a class action. You may opt-out of these provisions by following the instructions in Section 13 within 30 days of when you first access the Sites.
1. Age Restriction
You must be at least 18 years old or the age in your applicable jurisdiction required to enter into a contract, whichever is older, to use the Sites and enter into this Agreement. By using the Sites, you represent that: (i) the information you submit is accurate and (ii) your use of the Sites does not violate any laws, statutes, or regulations.
With respect to the Sites and related software, source code, platforms, servers and interfaces, whether owned by us or third parties (collectively, “System”), you must not: (a) copy, redistribute, publish, reverse engineer, decompile, disassemble, modify, alter, revise, translate, creative derivative works, or make any unauthorized attempt to access or use; (b) sell, assign, sublicense, transfer, distribute, lease, rent or grant a security interest; (c) reproduce, duplicate, copy, sell, resell, or exploit for commercial purposes; or (d) access or use in a manner prohibited by applicable laws, directives, or regulations or this Agreement.
Except as expressly set forth below, all content and other materials available at or through the Sites, including without limitation publications, articles, trademarks, service marks, trade names, images, audio, text, videos, software, designs and the “look and feel” of the Sites (collectively, “Content”) are owned or licensed by us and/or our affiliates and are protected by copyright, trademark, and other intellectual property laws. You may access Content only for your own informational and non-commercial purposes, provided that you comply with the terms of this Agreement with respect to such Content. Nothing herein creates a license for you to use Content in any other manner. The Content may not be up-to-date at all times and does not constitute legal advice. You may not use any Content for commercial purposes or reproduce, republish, distribute, display, perform, modify, transmit, or sell Content without our express written permission. Notwithstanding the foregoing, we may permit you to share Content with others or on social media using a “share” button or other feature on the Sites but you may share such Content only for informational, non-commercial purposes. Without limiting any other disclaimers herein, we expressly disclaim any liability or responsibility arising out of actions or inactions you or others take based on the Content. All rights not expressly granted to you in this Agreement are reserved by us and/or our licensors.
Children’s Law Center welcomes your comments on our social media channels, and hope to host energetic, civil discussions. By commenting, posting on, and participating in such platforms, you provide us with the right to use, modify, display and publish this information and warrant that you are the owner of the content you post. In addition to the other requirements in this Agreement, by posting or commenting on our social media channels, you agree to: keep your comments focused on the topic at hand; not use profanity, personal attacks, or hate speech; not do anything to violate the rights of another person; and not promote a business, fundraise money or post spam. Third party comments on our social media channels do not reflect the opinions of Children’s Law Center.
We reserve the right to remove posts at our discretion, including posts that do not comply with this Agreement, and block users who violate this Agreement.
For any questions about copyright issues, please contact:
Children’s Law Center
501 3rd Street NW, 8th Floor
Washington, DC 20001
5. Disclaimer regarding Legal Services
Your use of the Sites is subject to the Legal Disclaimer. The Content is provided for informational purposes and is not, and should not be relied upon for, legal advice. Your use of the Sites does not create an attorney-client relationship between us and you. An attorney-client relationship will not be formed unless and until we enter into a separate written engagement letter agreement with you. Your communications with us through the Sites, email or otherwise prior to entering into an engagement agreement with us does not create an attorney-client relationship, will not preclude us from representing any other person or entity in any matter, and will not require us to keep the information you provide confidential. Unless you have entered into a separate written engagement letter agreement with us, do not send us confidential or sensitive information.
We do not accept unsolicited ideas including, without limitation, images, suggestions about promotion of the Sites, additions to our services, or changes in methods of operating. If, notwithstanding this policy, you send us any ideas, suggestions, images, drawings, graphics, innovations, concepts, recommendations, or similar materials (“Submissions”), you agree that the Submissions are not confidential and we assume no obligation, expressed or implied, by considering them. You hereby assign such Submissions to us without compensation (or the expectation of compensation) and agree that we may disclose, reproduce, republish, modify, distribute, display, perform, transmit, sell, or otherwise use your Submissions for commercial or non-commercial purposes with no compensation to you. For any Submissions that cannot be legally assigned to us, you hereby grant us an unrestricted, perpetual, royalty-free, irrevocable and worldwide license to disclose, reproduce, republish, modify, distribute, display, perform, transmit, sell, or otherwise use your Submissions for commercial or non-commercial purposes in any manner and medium with no compensation to you.
7. Prohibited Conduct
You agree to abide by all applicable laws and not to (a) upload, transmit, post, email, or otherwise make available to the System any material in any format that (i) is false, inaccurate, misleading, fraudulent, unlawful, harmful, threatening, tortious, defamatory, vulgar, invasive of another’s privacy, or libelous; (ii) infringes any third party’s intellectual property or other proprietary right or rights of publicity or privacy; or (iii) contains viruses, worms, Trojan horses, time bombs, corrupted files, or any other software or programs designed to interrupt, interfere, intercept, expropriate, destroy or limit the functionality of the System or any computer software or hardware or equipment associated with the System; (b) alter, remove, obscure or falsify any attributions, trademark, copyright or other proprietary designations of origin or source of the System or Content; (c) impersonate any person or entity; (d) attempt, through any means, to gain unauthorized access to the System or Content in a way not intended by us or for any unlawful purpose, or another person’s account or information on or throughthe System; (e) use any robot, scraper, spider, or any other automatic device or manual process tomonitor or copy the System or any Content unless we have authorized such use; (f) take any action that imposes an unreasonable or disproportionately large load on the System; (g) take any action that creates liability for us or causes us to lose any of the services of our business partners, vendors or suppliers; (h) take any action that would cause us to violate any applicable law, statute, ordinance or regulation, or that violates the Agreement; (i) attempt to tamper with, alter, disable, hinder, by-pass, override, or circumvent any security, reliability, integrity, restriction or requirement of the System; or (j) interfere with or disrupt the integrity or performance of the System or the data contained therein.
YOU AGREE THAT USE OF THE SYSTEM AND CONTENT IS AT YOUR SOLE RISK. THE SYSTEM AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, TITLE, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR AT OR THROUGH THE SITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO WARRANTY THAT THE SYSTEM AND CONTENT WILL BE ACCURATE, COMPLETE, CURRENT OR TIMELY, UNINTERRUPTED, SECURE, OR ERROR FREE. WE DO NOT WARRANT THAT THE SYSTEM AND CONTENT ARE FREE OF DEFECTS, VIRUSES, MALFUNCTIONS, OR HARMFUL COMPONENTS THAT COULD DAMAGE OR ALLOW UNAUTHORIZED ACCESS TO YOUR DATA.
WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE SITES OR CONTENT ARE APPROPRIATE OR AVAILABLE FOR USE IN ALL GEOGRAPHIC LOCATIONS. IF YOU ACCESS OR USE THE SITE OR CONTENT FROM OUTSIDE THE UNITED STATES, YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS, INCLUDING WITHOUT LIMITATION, EXPORT AND IMPORT REGULATIONS OF OTHER COUNTRIES.
9. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WE AND OUR AFFILIATES NOR OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES, CONTRACTORS OR REPRESENTATIVES (OR OUR OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS) SHALL BE LIABLE IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR ATTEMPTED USE OR INABILITY TO USE THE SYSTEM OR CONTENT, INCLUDING WITHOUT LIMITATION LOST REVENUE, LOST OR STOLEN DATA, LOST OPPORTUNITIES, DAMAGED DEVICES OR OTHER INTANGIBLES, OR DEATH OR BODILY INJURY, EVEN IF WE OR YOU HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON OR IF WE ARE OTHERWISE FOUND TO BE LIABLE TO YOU IN ANY MANNER, THEN YOU AGREE THAT OUR TOTAL LIABILITY TO YOU FOR DAMAGES, REGARDLESS OF THE FORM OF ACTION, SHALL NOT EXCEED THE TOTAL AMOUNT RECEIVED BY US FROM YOU, IN THE AGGREGATE FOR ALL CLAIMS, TO ACCESS THE SITES. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES. THEREFORE, THE EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
10. Limited Liability Entity
Without limiting anything else herein, you accept that, as a limited liability entity, Children’s Law Center has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Children’s Law Center’s officers or employees in respect of any losses you suffer in connection with the Sites.
By accessing the Sites, you agree that the disclaimers, exclusions and limitations of liability set forth in this Agreement are reasonable. If you do not think they are reasonable, you must not use the Sites.
13. Arbitration and Disputes
Any dispute, claim, or controversy arising out of or relating to this Agreement, including the determination of the scope or applicability of this Agreement to arbitrate, shall be determined by individual arbitration in the District of Columbia before a single neutral arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Any appeal shall be heard and decided by a panel of three neutral arbitrators. All arbitrators shall be retired judges or justices of any District of Columbia state or federal court, and shall in their substantive rulings (as opposed to procedural or discovery-related rulings that are otherwise governed by the JAMS Comprehensive Arbitration Rules and Procedures), apply the laws of the District of Columbia without giving effect to any choice or conflict of law provision or rules that would cause the application of the laws of any jurisdiction other than the District of Columbia. The award of the arbitrator(s) shall be binding and final on all parties. The arbitrator(s) shall award to the prevailing party, if any, the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration. If the arbitrator(s) determine a party to be the prevailing party under circumstances where the prevailing party won on some but not all of the claims and counterclaims, the arbitrator(s) may award the prevailing party an appropriate percentage of the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration. Judgment on the award rendered may be entered in any court having jurisdiction. The arbitrators may not award any punitive, incidental, indirect, special, or consequential damages, including, but not limited to, damages for lost profits.
Any dispute resolution proceeding arising out of or relating to this Agreement, including without limitation arbitration, will be conducted only on an individual basis and not in a class or representative action on behalf of others. There is no right for any dispute hereunder to be brought or heard as a class arbitration, class action, or private attorney general action or for the consolidation of arbitrations.
For any matters which are not subject to arbitration as set forth in this Agreement, you hereby expressly consent to exclusive jurisdiction and venue in the courts located in the District of Columbia, which shall apply the laws of the District of Columbia without giving effect to any choice or conflict of law provision or rules that would cause the application of the laws of any jurisdiction other than the District of Columbia.
To the extent permitted by applicable law, any claims asserted by you in connection with the System and Content must be asserted in writing to us within one (1) year of the date such claim first arose, or such claim is forever waived by you.
You may opt-out of and not be bound by the arbitration and class action waivers (but not other provisions) set forth above by sending written notice to firstname.lastname@example.org within 30 days of the date you first access the Sites. If you timely opt-out, we will also not be bound by these provisions. If you do not timely opt-out, these provisions will apply to you and us.
14. Other Applications and Websites
15. Charitable Solicitation Disclosures
Children’s Law Center publishes detailed financial summary information as part of its annual reports, financial reports and IRS 990 forms. Financial information about Children’s Law Center can be found on annual reports and financial reports pages of our website, or obtained by contacting us at:
Children’s Law Center
501 3rd Street NW, 8th Floor
Washington, DC 20001
You agree that we may send to you in electronic form any notices or other communications regarding the Sites and such electronic form will satisfy any legal requirements with respect to communications or notice.
If any part of this Agreement shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of this Agreement, and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.
Our failure to partially or fully exercise any rights or our waiver of any breach of this Agreement shall not prevent our subsequent exercise of such right or be deemed a waiver of any subsequent breach of the same or any other term of this Agreement. Our rights and remedies under this Agreement and any other applicable agreement between us and you shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.
We reserve the right, in our sole discretion and without consent or notice, to transfer, assign, sublicense or pledge the Sites or this Agreement, in whole or in part, to any person or entity. You may not assign, sublicense or otherwise transfer in any manner any of your rights or obligations under the Agreement.
We may at any time, without notice and for any reason in our sole discretion, modify or discontinue the Sites, delete Content, or terminate or restrict your access to the Sites. In addition, this Agreement may be changed at any time. We will notify you of such changes by posting them on the Sites. You should check the Sites for such changes frequently. Your continued access of the Sites after such changes have been posted conclusively demonstrates your acceptance of those changes.
17. Contacting Us
Questions regarding this Agreement should be directed by email to email@example.com or by mail to:
Children’s Law Center
501 3rd Street NW, 8th Floor
Washington, DC 20001