Eligibility: The Application may be used only by individuals aged thirteen (13) years or older. If the User is thirteen (13) years or older, but under the age of eighteen (18), the User should review these Terms with User’s parent or guardian. The User represents and warrants that (i) the User is not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist support” country, and (ii) the User is not included on any U.S. Government list of prohibited or restricted parties.
Disclaimers: The User expressly acknowledges and agrees that (i) the Application and the Application Content are not a substitute for a complete home safety audit or appropriate adult supervision of children, and (ii) the home safety information contained in the Application is not necessarily applicable to User or the particular conditions or circumstances of the User’s home environment. NCH AND ITS SPONSORS, DISTRIBUTORS, CONTRACTORS, OR LICENSORS DO NOT WARRANT OR GUARANTEE THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE APPLICATION CONTENT OR REPRESENT THAT THE APPLICATION OR THE APPLICATION CONTENT IS ERROR-FREE OR CAPABLE OF OPERATING ON AN UNINTERRUPTED BASIS. THE APPLICATION IS PROVIDED “AS IS" AND "AS AVAILABLE" AND WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, ARE HEREBY DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Products: The Application may identify certain types of products that may be useful in addressing particular home safety concerns, and may contain links to third party websites on which such products may be purchased. By identifying product types and providing links to websites on which products of such type (“Products”) may be purchased, NCH is not endorsing or recommending any specific product, product design, manufacturer, or vendor. The User shall be solely responsible for evaluating and determining whether any Product is appropriate for use in the environment in which it will be installed or employed. THE USER’S PURCHASE OF ANY PRODUCT ON A THIRD PARTY WEBSITE IS AT THE USER’S SOLE RISK, AND NCH AND ITS SPONSORS, DISTRIBUTORS, CONTRACTORS,OR LICENSORS DO NOT OFFER OR PROVIDE ANY WARRANTIES OR GUARANTEES IN REGARD TO ANY SUCH PRODUCT. ANY CLAIMS OR CAUSES OF ACTION THAT THE USER MAY HAVE WITH RESPECT TO THE PURCHASE OR USE OF ANY PRODUCT (INCLUDING, WITHOUT LIMITATION, CLAIMS RELATED TO PRODUCT DEFECTS OR FAILURES) SHALL BE BROUGHT SOLELY AGAINST THE MANUFACTURER OR VENDOR OF THE PRODUCT, AND NOT AGAINST NCH OR ITS SPONSORS, DISTRIBUTORS, CONTRACTORS,OR LICENSORS. NCH WILL NOT HAVE ANY LIABILITY ARISING OUT OF OR RELATED TO SUCH PRODUCTS, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH ANY USE OF OR RELIANCE ON SUCH PRODUCTS.
Limitation of Liability: USE OF THE APPLICATION IS AT THE USER’S OWN RISK. TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, NCH AND ITS SPONSORS, DISTRIBUTORS, CONTRACTORS,AND LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO: (I) USE OR MISUSE OF THE APPLICATION OR THE APPLICATION CONTENT; (II) INABILITY TO ACCESS OR USE THE APPLICATION OR THE APPLICATION CONTENT; (III) ANY LOSS OR CORRUPTION OF DATA OR INFORMATION SUBMITTED VIA THE APPLICATION; OR (IV) ANY COMMUNICATIONS OR SERVICES PROVIDED BY, OR REQUESTED FROM, NCH VIA THE APPLICATION.
Content: All Application content, including, without limitation, all text, graphics, audio, video, music, icons, images, hyperlinks, displays, HTML code and scripts (collectively, the "Application Content"), and the collection, arrangement and assembly of the Application Content, is the property of NCH and its sponsors, distributors, contractors, or licensors, and is protected by copyright law and other U.S. and international laws and treaties. The User is granted no right, title or interest in or to the Application Content other than the limited license expressly set forth in these Terms. The User may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, incorporate into a website or in any way exploit the Application Content, or any portion thereof, without the express permission of NCH.
Use of Application Content: The Application, including all Application Content, is provided to the User as a tool to aid in the identification and understanding of home safety-related issues. Subject to these Terms, the User is hereby granted a non-exclusive, non-transferable, limited, revocable license to access and use the Application and the Application Content for the User’s own, non-commercial purposes. No commercial use of the Application or the Application Content is permitted. All rights not expressly granted are reserved by NCH and its sponsors, distributors, CONTRACTORS, or licensors. This limited license may be revoked at any time for any reason or no reason.
Trademarks: All rights regarding any trademarks, trade names, service marks, logos and/or trade dress (collectively, “Marks”) contained in, or used in connection with, the Application are expressly reserved by NCH and its sponsors, distributors, CONTRACTORS, or licensors. The Marks, and all associated logos or images, are registered and/or common law trademarks, and are protected by U.S. and international laws and treaties. No license with respect to the use of the Marks is granted to the User under these Terms or by virtue of User’s use of the Application. The Marks may not be copied, imitated or used, in whole or in part, without the prior written consent of NCH or the applicable rights holder.
Links: The Application may include links to third party websites not operated by NCH. These links are provided for the User’s convenience and in no way signify any endorsement of any such websites or the content thereof. NCH is a participant in the Amazon Services LLC Associates Program, an affiliate program designed to provide a means for sites to earn advertising fees by advertising and linking to amazon.com. ACCESS TO ANY SUCH LINKED WEBSITE IS AT USER’S OWN RISK, AND NCH WILL NOT HAVE ANY LIABILITY ARISING OUT OF OR RELATED TO SUCH WEBSITES AND/OR THEIR CONTENT, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH ANY USE OF OR RELIANCE ON ANY SUCH CONTENT, OR ANY GOODS OR SERVICES, AVAILABLE ON OR THROUGH ANY SUCH WEBSITE.
Notifications: The User may opt to receive calendar reminders or other notices regarding actions the User can take in regard to home safety. All such notifications are provided as a convenience to the User, and NCH and its sponsors, distributors, CONTRACTORS, or licensors shall not have any liability arising out of or related to such notices, or for any damages or loss caused or alleged to be caused by or in connection with any failure to provide such notices as or when scheduled.
Acceptable Use: The User’s permitted use of the Application and Application Content is limited to the contemplated functionality of the Application. In no event may the Application be used in a manner that (i) is unlawful, fraudulent or deceptive, (ii) harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any third party (including, without limitation, the rights of publicity or other proprietary rights), (iii) uses technology or other means not authorized by NCH to access Application Content, (iv) attempts to introduce viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment, (v) attempts to gain unauthorized access to NCH’s systems or user accounts, (vi) encourages conduct that would constitute a criminal offense or that gives rise to civil liability, (vii) attempts to damage, disable or overburden NCH’s servers or networks, or (viii) fails to comply with applicable third party terms. The User must comply with all applicable third party terms and conditions (e.g., wireless carrier terms of service) at all times while using the Application. NCH reserves the right, in its sole discretion, to terminate the license granted to the User hereunder and/or bring legal action against the User if the User engages in, or NCH reasonably believes the User has engaged in or is engaging in, use that violates these Terms. NCH’s failure or delay in taking such actions does not constitute a waiver of its rights to enforce these Terms.
Indemnity: Upon request by NCH, the User agrees to indemnify, defend and hold harmless NCH and its employees, contractors, officers, directors, sponsors, distributors, contractors, and licensors from and against all claims, suits, demands, damages, liabilities, loss, cost, and expense (including reasonable attorneys’ fees) that arise from the User’s use or misuse of the Application or violation of these Terms. NCH reserves the right, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate with NCH in asserting any available defenses.
Changes to Application: At any time and without notice to the User, NCH may change or modify the Application, or any features or functions thereof, or may suspend or discontinue the Application, or stop supporting the Application, or any aspect thereof. Any such termination, change, suspension or discontinuance shall be without liability to the User.
Changes to Terms; Updates: NCH reserves the right to change these Terms at any time, and in its sole discretion, by changing these Terms within the Application. The User’s continued use of the Application after any such changes to these Terms are made available through the Application will constitute the User’s acceptance of those changes. These Terms shall govern any updates to, or supplements or replacements for, the Application unless separate terms are provided in conjunction with such updates, supplements or replacements - in which case such separate terms will apply.
Governing Law: These Terms are governed by the laws of the State of Ohio and applicable federal laws of the United States of America, without giving effect to conflict of laws principles. The User irrevocably consents to the exclusive jurisdiction of the federal and state courts situated in Franklin County, Ohio, USA for purposes of any legal action arising out of or related to these Terms or use of the Application.
Contact: Any questions, complaints, or claims regarding the Application may be directed to:
Nationwide Children’s Hospital
700 Children’s Drive
Columbus, Ohio 43205
Supplemental Terms: The following supplemental terms are in addition to the general terms set out above and apply to users who install a version of the Application designed for use on an iPhone, iPad or other device provided by Apple, Inc. (“Apple”):
a. The User acknowledges that the Terms are concluded between the User and NCH only, and not with Apple, and that Apple is not responsible for the Application or the content thereof.
b. The User’s use of the Application on Apple devices is subject to Usage Rules set forth in Apple’s App Store Terms of Service, which the User agrees are binding on the User. The license granted to User pursuant to the Terms is limited to use of the Application on an iOS device owned or controlled by the User.
c. The User acknowledges that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application. The User is not entitled to any hard-copy documentation, support, telephone assistance, or enhancements or updates to the Application from Apple.
d. In the event of any failure of the Application to conform to any applicable warranty, the User may notify Apple, and Apple will refund the purchase price for the Application. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty.
e. The User acknowledges that Apple shall not be responsible for any claims by the User or any third party relating to the User’s possession and/or use of the Application, including but not limited to (i) any product liability claims, (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement, (iii) any claims arising under consumer protection laws or similar legislation, and (iv) any claims by any third party that the Application or the User’s possession and use of the Application infringes the intellectual property rights of the third party.
f. The User acknowledges that, in the event of any third party claim that the Application or the User’s possession and use of the Application infringes that third party’s intellectual property rights, Apple will not be responsible for the investigation, defense, settlement or discharge of any such intellectual property infringement claim.
g. The User agrees that Apple and Apple’s subsidiaries are third party beneficiaries of the Terms and that, upon the User’s acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against the User as a third party beneficiary thereof.