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Membership Terms

The purpose of this page is to legally set out the terms and conditions of registering to be a Kids Care Club. Please read this Club Terms and Conditions Agreement (the "Agreement") carefully. The Agreement sets out the terms under which Kids Care Clubs services, including emails, e-newsletters, the program website (the "Site") and other online services (the "Services") are provided to you by Kids Care Clubs, a program of HandsOn Network, the Points of Light Institute.

By registering with Kids Care Clubs, you become a registered Kids Care Club and you agree to be bound by the terms and conditions of this Agreement (the "Terms") for as long as you continue to be a Member. If you do not agree to the Terms, please do not register to become a Kids Care Club or otherwise access or use this Site. By becoming a registered Kids Care Club, you represent and warrant that you are at least 18 years old, which is the minimum required age to become a facilitator, and that your club will be associated with an existing organization.

However, we cannot guarantee that each registered Club facilitator is at least the required minimum age, nor do we accept responsibility or liability for any content, communication or other use or access of the Site by persons under the age of 18 in violation of these Terms.

We reserve the right at any time to change the Site, including eliminating or discontinuing any content on or feature of the Site and to change the terms and conditions of this Agreement. Any changes we make will be effective immediately upon notice, which we may provide by means including, without limitation, posting on the Site or email. Your use of the Site after such notice will be deemed acceptance of the changes.

Be sure to review this Agreement periodically to ensure familiarity with the most current version. Upon our request, you agree to sign a non-electronic version of this Agreement. Registration.

To become a registered Kids Care Club you must register with us. When and if you register to become a registered Kids Care Club, you agree to provide accurate, current and complete information about yourself and your club as prompted by our registration form ("Registration Data"), and to maintain and update your information to keep it accurate, current and complete. You agree that we may rely on your Registration Data as accurate, current and complete. You acknowledge that if your Registration Data is untrue, inaccurate, not current or incomplete in any respect, we reserve the right to terminate this Agreement and your use of the Site.

Either you or Kids Care Clubs may terminate your registered Kids Care Club status at any time, for any reason, effective upon sending written notice to the other party. We reserve the right to immediately suspend or terminate your access to the Service, without notice, upon any breach of this Agreement by you, which is brought to our attention.

Your access to the Service is for your sole, personal use. You may not authorize others to use your registered Kids Care Club status, and you may not assign or otherwise transfer your account to any other person or entity without notification to Kids Care Clubs.

Username and Password
As part of the registration process, you will be given a username and a password. You are responsible for the confidentiality and use of your username and password and agree not to transfer or resell your use of or access to the Site to any third party. If you have reason to believe that your account is no longer secure, you must promptly change your password and immediately notify us by emailing us at kidscare@handsonnetwork.org.

Online content and Proprietary Rights
The Site contains copyrighted material, trademarks and other proprietary information of the HandsOn Network,Points of Light Institute and others (collectively "Proprietary Material"), including, but not limited to, text, software, photos, video, graphics, images, music and sound. You agree not to modify, publish, transmit, participate in the transfer or sale of, create derivative works of, or in any way exploit, in whole or in part, any Proprietary Material except for educational purposes.

The entire Web Site is: Copyright 1998-2009, The Points of Light Foundation All Rights Reserved. Complying with all applicable copyright laws is the responsibility of the user. Commercial use of this document or the Web Site requires prior written consent from the Points of Light Institute. Except as otherwise expressly permitted by these Terms, or as permitted under copyright law no posting, copying, downloading, uploading, transmission, retransmission, distribution, redistribution, publication, republication, decompilation, disassembling, reverse engineering, or otherwise reproducing, storing, transmitting, modifying or commercially exploiting any Proprietary Material in any form or by any means, for any purpose, is permitted without the express written permission of the Points of Light Institute.

In the event of any copying, redistribution or publication of copyrighted material as permitted by law, no changes in or deletion of author attribution, trademark, legend, or copyright notice shall be made. Kids Care Clubs and other Points of Light Institute marks and logos are service marks and trademarks of the Points of Light Institute. Other trademarks, service marks and logos used in the Web Site are the trademarks, service marks or logos of their respective owners.

Third party content and software required by or made available by or through this site is the property of its respective owner and use is subject to the license or terms provided by such owner. Hypertext links are provided only for your convenience and do not and should not be viewed as suggesting any association with or endorsement of or by such linked sites.

The Site may contain links to other Internet websites or resources. We neither control nor endorse such other websites, nor have we reviewed any content that appears on such other websites. You acknowledge and agree that we shall not be held responsible for the legality, accuracy or inappropriate nature of any content, advertising, products, services or information located on or through any other websites or for the operation or policies of any such websites, nor for any loss or damages caused or alleged to have been caused by the use of or reliance on any such websites or such content or other information.

Personal Information
We recognize that families and child advocates are concerned about the use of the Internet by children and we are committed to protecting the privacy of our visitors, young and old, through our Privacy Policy. You acknowledge and agree that the Points of Light Institute may use other information about you which the Points of Light Institute obtains either directly from you or which it obtains by the nature of your use of the Site and Services only for the purposes outlined in our Privacy Policy. You also consent to us using this information to build up a profile of our Clubs as a whole.

Indemnification

(a) You agree to indemnify, defend, and hold harmless the Points of Light Institute and its directors, employees, sponsors, licensors, independent contractors, providers, subsidiaries and affiliates (collectively, the "Indemnified"), from and against any and all liability and costs (including attorneys' fees and costs) incurred by the Indemnified in connection with any claim arising out of any breach by you of any provision of these Terms.

(b) You agree to cooperate as fully as reasonably required in the defense of any such claims. The Points of Light Institute reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any claim without the written consent of the Points of Light Institute.

Limited Warranty

(a) THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, RELIABILITY, ABSENCE OF ANY VIRUSES OR CONTENT OF ANY INFORMATION OR MATERIAL PROVIDED BY OR THROUGH THE WEB SITE, AND WITHOUT ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, CURRENCY, CORRECTNESS, OR VALIDITY OF ANY INFORMATION, CHARITABLE WORKS OR MATERIAL PROVIDED BY OR THROUGH THE SERVICE OR THE SITE RESTS WITH THE USER.

(b) The Points of Light Institute does not warrant that the functions of the Site will meet your requirements or that the operation of the Site will be uninterrupted or error free.

(c) The Points of Light Institute shall not be liable for any loss or injury arising out of or caused, in whole or in part, by any negligent acts or omissions in procuring, compiling, collecting, interpreting, reporting, communicating, or delivering information contained in the Site.

Limitations on Liability and Remedies

(a) YOUR PARTICIPATION AND THE INCLUSION OF YOUR CHILDREN IN ANY ACTIVITY OR PROJECT DESCRIBED ON THIS SITE IS ENTIRELY VOLUNTARY. THE POINTS OF LIGHT INSTITUTE IS NOT AND SHALL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING FROM THE USE OR INABILITY TO USE THE WEB SITE. THE POINTS OF LIGHT FOUNDATION MAY PROVIDE YOU WITH INFORMATION ON SPECIFIC CHARITABLE ACTIVITIES OR PROJECTS, WHETHER YOU CHOOSE TO DO THESE ACTIVITIES OR PROJECTS IS ENTIRELY UP TO YOU. THIS DISCLAIMER OF LIABILITY INCLUDES, BUT IS NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OR DELIVERY, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, PROGRAMS OR FILES, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. (b) In no event shall the Points of Light Institute be liable for any indirect, special, incidental, punitive, or consequential damages, including lost profits, arising out of the use or performance of the Site, even if the Points of Light Institute has been advised of the possibility of such damages.

Complaints

To resolve a complaint regarding the Service or the Site, you should contact Kids Care Clubs at kidscare@handsonnetwork.org.

General

(a) Failure by the Points of Light Institute to enforce any provision(s) of these Terms shall not be construed as a waiver of any provision or right.

(b) These terms, and all other aspects of your use of the Site and Service shall be governed by and construed in accordance with the laws of the District of Columbia, without regard to its conflict of laws rules. No action of any kind or nature arising out of these Terms, or out of any use of the Site and Service shall be brought by either the Points of Light Institute or you more than one year after the date on which the cause of action first arises. You agree to submit to the exclusive jurisdiction of, the state and federal courts sitting in the Borough of Manhattan, New York, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

(c) These Terms constitute the entire agreement between you and the Points of Light Foundation with respect to the Site and Service and supersedes all prior agreements or understandings between you and the Points of Light Institute with respect thereto.

The registered Club identified facilitator has read and agrees to be bound by these Terms and Conditions.