Online Promoting Healthy Development Survey (PHDS) 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 and user portal. 

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 parents/caregivers/families (“you”) to assess and improve the quality of child care and promote child and family health.

Purpose

Cycle of Engagement Family Websites

The purpose of the COE tools is to empower and engage families to become partners in their child’s healthcare. The WVP allows parents/caregivers and families to explore key issues and needs important to the health of their child and family; learn about important topics to discuss with their healthcare provider; pick top priorities and receive educational information before, during and after visits; and partner with their child’s provider by sharing a personalized visit guide. The WVP is based on national recommendations and is made for parents/caregivers of children who are between 4 months and 6 years old. The Online PHDS is a parent/caregiver-completed survey that assesses whether young children (under the age of 6 years) are receiving nationally recommended preventive and developmental services based on the most recent, national AAP Bright Futures Guidelines.

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.
• Should you violate 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.

Children's Online Privacy Protection Act

We are in compliance with the requirements of COPPA (Children's Online Privacy Protection Act). We 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

Proprietary Rights, including Copyright and Trademarks/Service Marks

CAHMI owns and retains all proprietary rights in the Online Promoting Healthy Development Survey website. All content, formats, information, and functionalities of this website are copyrighted by CAHMI. CAHMI shall retain exclusive right, title and interest (including all intellectual property rights) in and to all materials that are part of the website (including past, present and future versions), including, without limitation: art, icons, graphics, layout, text, images, audio and/or video, designs, features, advertisements, logos, domain names, trade names and marks, and service marks, any and all copyrightable material, the “look and feel”, the compilation, assembly and arrangement of the materials of the Service, and all other materials or content made available in the website and any such website content is protected from unauthorized use, copying and dissemination by applicable copyright, trademark, patent, publicity and other laws, rules, regulations and international treaties.

Purpose of Use

We only use your personal data for specific purposes, as explained in our Privacy Notice. Examples of how we use your information and data include:

• User Experience: We are dedicated to enhancing your experience and use. We use information you share to provide resources, offer customizations, and improve your experience with the Online PHDS.
• Tool Support and Improvement: We use your data to drive improvements, resulting in better performance and enhancements. This helps us identify issues and make necessary updates to improve the Online PHDS for our users.
• Research & Innovation: When you choose to share feedback with the CAHMI on the Online PHDS we use your data to understand what Online PHDS users want and guide our development efforts. This allows us to detect usage trends and gain real-world feedback on what features and services our users need.
• Child Health Care and Outcomes Improvement: The Online PHDS stores de-identified data provided by users related to their child’s health, development, health care experiences and more on a secure server. This information is used to understand and improve child health care quality outcomes and may be used for research purposes.

General Provisions

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.

Modifications to the website and the Services: We reserve 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.

This Use Agreement governs your use of all Online PHDS websites. The websites are made available to you by CAHMI. We may, from time to time, modify, amend, or supplement this Use Agreement. Such modifications or supplements shall be effective immediately upon posting in the website. You are responsible for periodically checking the website for changes to this Use Agreement. BY USING ANY ONLINE PHDS 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.

Confidentiality

• The information you provide on the Online PHDS tool or related website is confidential.
• We do not collect or save any personally identifiable health information.
• Identifying information connected to your computer (IP address) will not be recorded by us at any time.
• Providers who have an account with the COE and have enabled to use the Online PHDS Use Portal can generate summary reports of aggregated findings based on families’ responses on the Online PHDS family website, specific to their practice or organization.
• Providers will not know what your individual responses are or be able to identify who completed the Online PHDS.
• CAHMI can use the aggregated findings from parent/caregiver and family responses on the Online PHDS family website for research purposes.
• By using any Online PHDS website, you expressly agree to the terms set forth in our Privacy Notice. The Privacy Notice describes how we may collect, use or disclose the information you provide when you use that website.

The Online PHDS website gives you the option to download or print your Family Feedback report. CAHMI will not be liable for any actions related to your choice to disseminate, distribute or copy the Feedback report or any other information contained therein.

In no event shall CAHMI be liable for any incidental, special or consequential or indirect damages arising out of or relating to the use or inability to use Online PHDS websites.

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 HEALTH 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 HEALTH 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 Online PHDS 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 Health 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@cahmi.org.