WVP Family Website Use Agreement

Background

The Cycle of Engagement (“COE”) tools for early childhood use a family-centered, data-driven relationship-based approach to promoting whole child, equitable and integrated well-child care. The tools include the Well Visit Planner (“WVP”), the Online Promoting Healthy Development Survey (“Online PHDS”), and the CARE_PATH for Kids (“CPK”). Each tool has a family website ("Website”) and the WVP and Online PHDS have provider use portals.

All COE websites were developed and are maintained by the Center for the Advancement of Innovative Health Practices operating as the Child and Adolescent Health Measurement Initiative (“CAHMI”). CAHMI created the COE model and tools for use by clinicians, providers, practices, organizations (“Providers”) and families to assess and improve the quality of child care and promote child and family health.

Children's Online Privacy Protection Act

All COE tools are in compliance with the requirements of COPPA (Children's Online Privacy Protection Act). CAHMI do not collect any information from anyone under 13 years of age. Our website, products and services are all directed to people who are at least 13 years old or older.

General Provisions

The terms of this Use Agreement (“Agreement”) is a legal agreement between you and the Child and Adolescent Health Measurement Initiative (“CAHMI”), the owner and operator of the Website. It states the terms and conditions under which you may access and use the Website. By accessing and using the Website, you are indicating your acceptance to be bound by and comply with the terms and conditions of this Agreement. Furthermore, this Use Agreement governs your use of all Cycle of Engagement websites.

CAHMI reserves the right to modify, amend, or supplement this Use Agreement. Such modifications or supplements shall be effective immediately upon posting on the website. You are responsible for periodically checking the website for changes to this Use Agreement. BY USING ANY COE WEBSITE, YOU ACCEPT AND AGREE TO THIS USE AGREEMENT AS APPLIED TO YOUR USE OF THE WEBSITE AND AS MAY BE AMENDED. If you do not agree to be bound by (or cannot comply with) the Use Agreement as modified or supplemented, you should stop using the website. Your continued access and use of the website constitute your agreement to be bound by the modified Use Agreement.

CAHMI reserves the right, for any reason, in our sole discretion, to terminate, change, suspend or discontinue any aspect of the website, including, but not limited to, content, features or hours of availability. We may also impose limits on certain features of the website or restrict your access to part or all of the website without notice or penalty. In no event shall CAHMI or OHSU be liable for any incidental, special or consequential or indirect damages arising out of or relating to the use or inability to use WVP website.

You understand that by accessing the Website, it is your responsibility to take protective measures to guard against computer viruses and other destructive elements such as through the use of standard and updated virus scanning tools, and to ensure that you have a complete and secure back-up of information and software on your computer or other devices that you may use to access the Website.

The Website may contain materials for download. Any materials downloaded or obtained by you through your use of the Website and the Content is done at your own risk and you are solely responsible for any damage to your computer system or device or loss of data that may result from the download and/or use of such material.

You agree that Maryland law (regardless of conflicts of law principles) shall govern this Use Agreement, and that any dispute arising out of or relating to this Use Agreement shall be subject to the exclusive jurisdiction of the circuit court for Baltimore City, Maryland; provided, however, that if any dispute may be brought only in a federal forum, it shall be brought and conducted solely and exclusively within the United States District Court of Maryland.

If any term or provision of this Agreement is held by a court of competent jurisdiction to be invalid, it shall be severed, and the remaining provisions shall remain in full force and effect without being invalidated in any way. You may not assign, convey, subcontract, or delegate your rights, duties, or obligations hereunder. CAHMI will not be considered to have waived any of its rights or remedies described in this Agreement unless the waiver is in writing and signed by CAHMI. No delay or omission by CAHMI in exercising its rights or remedies will impair CAHMI’s rights or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. CAHMI’s failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of CAHMI’s right to subsequently enforce such provision or any other provisions of this Agreement.

User Conduct

  • You warrant and agree that, while using the website, you shall not upload, post or transmit to, or distribute, or otherwise publish through the website any materials that: (a) are protected by copyright, or other proprietary or intellectual property right, or derivative works with respect thereto, except as provided herein or without first obtaining written permission from us or the copyright owner; (b) are unlawful, threatening, harassing, profane, tortious, abusive, bigoted, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, contain explicit or graphic descriptions or accounts of adult content, invasive of another's privacy, or hateful, (c) restrict or inhibit any other user from using and enjoying the website, (d) constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability, or (e) contain a virus or other harmful component, advertising of any kind, or false or misleading indications of origin or statements of fact.
  • You also warrant and agree that you shall not: (a) impersonate or misrepresent your affiliation with any other person or entity; (b) upload, post, publish, transmit, reproduce, distribute or in any way exploit any information or other material obtained through the website for commercial purposes (other than as expressly permitted by the provider of such information or other material); (c) engage in spamming or flooding; or (d) attempt to gain unauthorized access to other computer systems through the website. Except as otherwise expressly permitted herein, you may not upload, post, publish, reproduce, transmit or distribute in any way any component of the website itself or derivative works with respect thereto, as the website is copyrighted as a collective work under U.S. copyright laws.
  • You are solely responsible for all activity on or related to your account and for the security of your computer, mobile device, and any other device that you use to access the website. Under no circumstances shall CAHMI be liable to you for any loss you incur from your loss of any account information, unauthorized access, or use of your account, and/or from harmful or malicious code.
  • All acts performed using your account shall be deemed to be your acts. You shall be solely responsible for any harm or liability that arises from any improper third-party disclosure and/or use (including unauthorized third-party use) of your account.
  • CAHMI cannot be held liable for the improper disclosure of material downloaded and/or printed from your account. By choosing to download/print material from your account, including Clinical Summaries and Well Visit Guides, you are accepting responsibility for the security of these materials.
  • Should you violate the terms of this Use Agreement, you agree to indemnify, defend and hold CAHMI harmless from any such claim, including but not limited to attorney fees and costs incurred in the defense of any such claims.

Proprietary Rights, including Copyright and Trademarks/Service Marks

Well Visit Planner

Oregon Health & Science University (OHSU) owns and retains proprietary rights in the WVP. All content, formats, information, and functionalities of this site are exclusively licensed to and copyrighted by the Center for the Advancement of Innovative Health Practices DBA CAHMI.

Confidentiality

  • The information you provide on the WVP is confidential.
  • The email address that you use for receiving email updates or registering for a WVP Family Account will not be shared or sold with any third parties.
  • Identifying information connected to your computer (IP address) will not be recorded by us at any time.
  • We may collect and store a minimum necessary amount of personally identifiable information (PII) to provide our services. All PII is encrypted and stored in a manner consistent with the Health Insurance Portability and Accountability Act of 1996 (HIPAA) guidelines and does not allow us to identify users. A risk analysis conducted in accordance with the Electronic Code of Federal Regulations Title 45 CFR § 164.308(a)(ii)(A) has determined that the information collected represents a minimal risk to users of a loss of privacy and/or a breach of confidentiality.
  • Clinicians, health care providers, health systems and other organizations (“providers”) that have an account with the COE are issued a unique URL and Provider Code. If providers have enabled the WVP Use Portal to save their families’ Well Visit Guide (WVG) or Clinical Summary (CS) and you have completed your WVP using their URL and/or Provider code, you are acknowledging that the provider can view your WVG/CS completed with or without any personal identifiers.
  • Clinicians, health care providers, health systems and other organizations (“Providers”) that have an account with the COE are issued a unique URL and Provider Code. If providers have enabled the WVP Use Portal to save their families’ WVG/CS and you have completed your WVP using their URL and/or Provider code, you are acknowledging that the provider can view your completed WVG/CS and your responses to the WVP.
  • Providers that have an account with the COE and have enabled to use the WVP Family Website can request a summary report of the aggregated data and/or population-based data collected. The data in these summary reports contain no personal identifiers.
  • CAHMI can use the de-identified, aggregated findings from parent responses on the WVP tool for research purposes.
  • By using the WVP, you expressly agree to the terms set forth in our Privacy Notice, which describes how we may collect, use or disclose the information you provide when you use any WVP website.

Well Visit Planner Family Accounts and Termination

  • By completing the registration process, you may create a user account (“Account”) and become a registered member (“User”) and access the website. To create an Account, you must provide such information as may be requested during the registration process or requested from time to time in our sole discretion. You must provide truthful and accurate information during the registration process. You will receive email and other communications from us relating to or deriving from your use of the website. By disclosing your email and other contact information during the registration process, you agree that we may send you such communications. You may choose to opt-out of receiving such communications. You will no longer receive communications contemplated by this Agreement if your account is terminated.
  • You have the right to terminate your Account and/or cease accessing and using the website at any time by following the procedures contained in the website. You understand and agree that unless otherwise expressly provided for in this Agreement, terminating your Account and ceasing access and use of the website are your sole right and remedy with respect to any dispute.

Without limiting any other remedies, we may suspend or terminate your Account and your access to and use of the website at any time if you are, or we suspect that you are, failing to comply with this Agreement with or without notice to you. We reserve the right to stop offering and/or supporting the website at any time for any valid commercial reason, at which time your right to access and use the website will automatically be terminated without further action.

Links

For the convenience of our users, the website may provide certain links to other applications, services and websites provided by third parties. CAHMI is not responsible for the content of any other applications, services or websites linked to or from the website. If you follow any such links, you leave the website and you do so entirely at your own risk. CAHMI provides links from the website solely as a convenience to you and in no way should this be interpreted as a referral or endorsement of any content, sponsor or owner of any other applications, services and/or websites. CAHMI DISCLAIMS ALL WARRANTIES, RESPONSIBILITIES, LIABILITIES, CONDITIONS OR OTHER TERMS EXPRESSED OR IMPLIED AS TO ANY SUCH LINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, AS TO ACCURACY, OWNERSHIP, VALIDITY OR LEGALITY OF ANY CONTENT OF A LINKED APPLICATIONS, SERVICES OR WEBSITES, AND FOR ANY OF YOUR INFORMATION COLLECTED OR USED BY ANY SUCH THIRD PARTIES.

Warranties

CAHMI PROVIDES CYCLE OF ENGAGEMENT, WELL VISIT PLANNER, ONLINE PROMOTING HEALTHY DEVELOPMENT SURVEY, AND CARE_PATH FOR KIDS ON AN "AS IS" BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO CYCLE OF ENGAGEMENT, WELL VISIT PLANNER, ONLINE PROMOTING HEALTHY DEVELOPMENT SURVEY, AND CARE_PATH FOR KIDS. CAHMI SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

CAHMI does not warrant that your use of the Well Visit Planner will be uninterrupted, always available, and error-free or will meet your requirements, or that any defects in the tools will be corrected. CAHMI DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF the Cycle of Engagement, Well Visit Planner, Online Promoting Healthy Development Survey, and CARE_PATH for Kids.

Legal Rights and Limitation of Liability

CAHMI retains all legal rights associated with the operation of this website.

LIMITATION OF LIABILITY. IN NO EVENT SHALL THE WEBSITE PROPRIETORS OR ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE THE WEBSITE, THE CONTENT, MATERIALS OR FUNCTIONS OF THE WEBSITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL ANY WEBSITE PROPRIETOR BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE WEBSITE. IN NO EVENT SHALL THE TOTAL LIABILITY OF THE WEBSITE PROPRIETORS TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS AND CONDITIONS OR YOUR USE OF THE WEBSITE EXCEED, IN THE AGGREGATE, $100.00.

Complaints

We respect the intellectual property rights of others and require that the people who use the website do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the contact below:

  • Your address, telephone number, and email address;
  • A description of the copyrighted work that you claim has been infringed;
  • A description of where the alleged infringing material is located;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;
  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
  • A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

The submission should be made to the contact identified below.

Contact Information

If you have questions or concerns about this Use Agreement, please feel free to contact us at info@ cycleofengagement.org.