Posting Date: October 2019
INTRODUCTION Welcome to the National CASA/GAL Association’s (“National CASA/GAL” or “Licensor”) Member Portal (“Portal”). Please read these terms and conditions of use (“Terms and Conditions”), which you must accept before you can access the Portal.
ONLY AUTHORIZED NATIONAL CASA/GAL EMPLOYEES AND PERSONS IDENTIFIED BY CASA/GAL LOCAL PROGRAM AND STATE ORGANIZATION DIRECTORS (COLLECTIVELY, “QUALIFIED USERS”) MAY ACCESS THE PORTAL. IF YOU ARE NOT A QUALIFIED USER, PLEASE CLOSE THIS WINDOW AND THE PORTAL LOGIN WEBPAGE.
By accessing the Portal, you may have access to information regarding National CASA/GAL’s history, mission, volunteer training, National CASA/GAL State Organization and Local Program Standards, values, core operating model, campaign materials, fundraising materials, and legislative advocacy materials (collectively, “General Content”). National CASA/GAL provides you with access to the General Content as a benefit of your membership and in order to assist you in advancing the mission and goals of National CASA/GAL and CASA/GAL Local Programs and State Organizations. As such, you may view, download, and print General Content for use in National CASA/GAL projects, objectives, or otherwise as needed in your relationship with National CASA/GAL or CASA/GAL Local Program and/or State Organization. However, you may not share any General Content with individuals not employed by or affiliated with National CASA/GAL or a CASA/GAL Local Program or State Organization without National CASA/GAL’s express authorization. For the avoidance of doubt, a person is affiliated with National CASA/GAL or a CASA/GAL Local Program or State Organization if that person is a CASA/GAL volunteer or has a contractual relationship with National CASA/GAL or a CASA/GAL Local Program or State Organization that includes a provision requiring the maintenance of the General Content’s Confidentiality. If you have a question about whether a person has permission to access General Content, please do not share any General Content with that person until you have confirmed his or her authorization to access the Portal.
In order to access the Portal, you will be required to login using a user name and a password (“Portal User Credentials”). You are not to share with or give to anyone else your Portal User Credentials. If you are provided with a temporary password, you will need to change your password after you first login into the Portal. National CASA/GAL may also require you to update your password periodically. You are responsible for maintaining the confidentiality of your password. Additionally, please use a strong password to protect the security and integrity of the Portal. Failure to maintain the confidentiality of your password or sharing your Portal User Credentials with anyone else may result in disciplinary action, including loss of access to the Portal and/or legal action. You acknowledge and agree that you shall have no ownership or other property interest in your account and/or user name, and you further acknowledge and agree that all rights in and to your user name and account are and shall forever be owned by and inure to the benefit of National CASA/GAL. National CASA/GAL also reserves the right to delete or change Portal User Credentials (with or without notice) at any time and for any reason.
The Portal contains material incorporating National CASA/GAL intellectual property. National CASA/GAL gives certain Qualified Users a license to use the following intellectual property in connection with their memberships in the association.
4.1. Owned Licensed IP. The following intellectual property owned by Licensor:
a. Trademarks – these trademarks owned by Licensor:
COURT APPOINTED SPECIAL ADVOCATE
COURT APPOINTED SPECIAL ADVOCATES
A CHILD’S VOICE IN COURT
A POWERFUL VOICE IN A CHILD’S LIFE
CHANGE A CHILD’S STORY
I AM FOR THE CHILD
LIFT UP A CHILD’S VOICE
LIFT UP A CHILD’S VOICE. A CHILD’S LIFE.
LIGHT OF HOPE
SPEAK UP FOR A CHILD
STAND UP FOR AN ABUSED CHILD
b. Resources – any materials with written, sound, or picture elements prepared by or on behalf of Licensor and provided to you for use in connection with you membership in the association, such as videos, advocacy materials, sample documents, and toolkits;
c. Training Materials – all written, video, audio, interactive or other training for volunteers, staff, and other stakeholders, volunteer manuals, and curriculum;
d. Trade Secrets – information that has value because it is not generally known and is kept secret, such as the Training Materials, but also
i. program operation methods, processes, and data,
ii. organizational, marketing, or operational plans or strategies, and
iii. techniques, research and data regarding best practices for and efficacy of best-interest advocacy models;
e. The Model – the model promoted by Licensor for providing best-interest advocacy, and materials provided by the Licensor about it; and
f. Other Materials – any other material owned by Licensor and made available to you by Licensor as part of your membership in the association.
4.2. Third-Party Licensed IP – Other proprietary material licensed by National CASA/GAL from a third party and made available to you by Licensor as part of your membership in the association.
You may use, reproduce, display, distribute, convey, and practice both the Owned Licensed IP and the Third-Party Licensed IP (collectively, the “Licensed Intellectual Property”), on a non-exclusive and royalty-free basis and under the other terms of the license and according to any conditions communicated in connection with any particular intellectual property (the “IP License”). This means that you may use Trademarks or other Owned Licensed IP in your name and logo, as long the name and logo comply with Licensor’s naming conventions. National CASA/GAL may add new intellectual property to the Licensed Intellectual Property as it develops new intellectual property or obtains new licenses, and remove intellectual property from the Licensed Intellectual Property as needed.
You recognize the importance of adhering to the quality standards set by Licensor and that your use of the Trademarks impacts the reputation of Licensor and other members of the association. Accordingly, you shall comply with guidelines regarding use of the Trademarks posted on the Portal or that Licensor otherwise provides to you, as modified from time to time (“Usage Guidelines”). Further, you will adhere to all policies and procedures established by Licensor and remain a member in good standing of the association in order to keep this IP License in effect.
Licensor shall have the right to exercise quality control by reviewing any uses or proposed uses of the Trademarks for compliance with Usage Guidelines and for general quality, and by reviewing your adherence to the policies and procedures. If Licensor rejects any uses or requires changes, you shall promptly comply, and shall require that your sub-licensees promptly comply, with the direction from Licensor.
You shall never use any of the Trademarks for services outside the scope of your membership in the association, or any trademark (for any services) (a) containing a four-character string in which two or more of the positions have the letter “a,” “c,” or “s”, or (b) of any length containing the letters c – a – s – a in that order.
You may grant a sub-license to allow others who provide you services to use the Trademarks in a way that is consistent with your membership in the association and the scope of the IP License, such as printing promotional materials. When you grant a sub-license, you should do so in writing, using the template sub-license posted on the Portal or that Licensor otherwise provides to you. The sub-license is non-exclusive and the sub-licensee cannot allow anyone else to use the Trademarks. You remain responsible for the sub-licensee’s use of the Trademarks. You may not give a sub-license to child welfare, legal-related, social services, or advocacy organizations, or organizations that will use the Trademarks to provide services to third parties.
You recognize the unique value of the Training Materials and other Trade Secrets to National CASA/GAL and the heightened need for confidentiality for these materials. You agree that you shall never disclose, directly or indirectly, the Training Materials or other Trade Secrets or any part thereof to anyone else both while this IP License remains in effect and after it has terminated. Despite these limitations, you may use the Training Materials in the training of volunteers, but must require that anyone with access to the Training Materials keeps them confidential. Any use of training materials other than those specifically approved by National CASA/GAL is strictly prohibited. In the event a government agency requires access to the Training Materials you shall work with Licensor to facilitate access to those materials subject to a confidentiality and non-disclosure agreement.
Certain Qualified Users will also have access to additional features, such as access to grant management systems (collectively, “Executive Materials”). Like Training Materials, Executive Materials are highly confidential and should only be used in relation to National CASA/GAL or CASA/GAL Local Program or State Organization projects and opportunities. Because access to Executive Materials is restricted, you should not share Executive Materials with anyone who does not also have access to Executive Materials. If you have a question about whether a person has access to Executive Material, please do not share any Executive Materials with that person until you have confirmed his or her authorization to access Executive Materials.
The IP License comes into effect when you start using any of the Licensed Intellectual Property and continues in effect as long as you remain a member of the association and comply with these Terms and Conditions.
When the IP License ends, you will stop all use of Licensed Intellectual Property within 30 days by, for example:
(a) stopping all use of the CASA name;
(b) destroying all office signs, business cards, letterhead, and other printed materials incorporating names or logos with Licensed Intellectual Property, and removing this content from all websites and on-line or digital platforms;
(d) transferring any domain names containing the lettering “casa” or the wording “court appointed special advocate” (in singular or plural) to National CASA/GAL; and
(e) deleting social media accounts containing the lettering “casa” or the wording “court appointed special advocate” (in singular or plural).
You agree that Licensor owns all rights in the Owned Licensed IP and the goodwill associated with the Trademarks, and that by entering into the IP License, you acquire no ownership or other rights in the Owned Licensed IP. You agree that you are estopped from challenging the validity of the Owned Licensed IP and Licensor’s ownership and rights therein whether or not the IP License remains in effect, Licensor maintains registrations in the Owned Licensed IP, or the scope of Licensor’s ownership, rights, or usage in the Owned Licensed IP have changed. You shall not apply to register any Owned Licensed IP and shall assign any such registrations, and any goodwill in the marks, to Licensor.
Certain areas of the Portal may include discussion forums or other interactive areas, including blogs, chat rooms or bulletin boards (“Interactive Areas”). You are solely responsible for your use of such Interactive Areas.
You may post, upload, or otherwise transmit (“Submit”) via Interactive Areas comments, messages, documents, or other content and materials (“User Content”). When you Submit any User Content, you represent that such User Content is your own creative output or is used with permission of the copyright holder. By submitting the User Content to the Portal, you hereby grant to National CASA/GAL a non-exclusive, perpetual, royalty-free, worldwide, transferable license to copy, transmit, modify, display, and/or otherwise use the User Content in any and all media in the sole discretion of National CASA/GAL, but such submission does not result in assignment of ownership of any intellectual property rights in the User Content to National CASA/GAL. National CASA/GAL has no obligation to compensate you for any User Content or keep it confidential.
You agree not to store, use, post, upload to, transmit, distribute or otherwise publish through the Portal any of the following:
National CASA/GAL takes no responsibility and assumes no liability for any User Content posted or uploaded by you or any third-party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of the Interactive Areas is at your own risk. National CASA/GAL is not liable for any statements, representations, or other User Content provided in any Interactive Area. Although National CASA/GAL has no obligation to screen, edit, or monitor any of the User Content posted in any Interactive Area, National CASA/GAL reserves the right and has absolute discretion, to remove, screen or edit any User Content that violates these sections or, in National CASA/GAL’s sole discretion, is otherwise objectionable.
National CASA/GAL may collect certain information from you through the Portal, including personal information (i.e., individual information that may be used to personally identify or contact you). We may collect this information actively (i.e., by collecting information you voluntarily submit to us) and passively (i.e., by collecting information automatically gathered from your computer).
Certain Qualified Users may have the ability to update information associated with their account, including personal information.
When you access and use the Portal, our software may automatically collect certain information from your device (e.g., computer, smartphone, tablet) using “cookies” and other tracking techniques, or by collecting platform information from our servers.
Information Collected by “Cookies” And Other Tracking Techniques
When you visit the Portal, our servers automatically record certain information about the device (e.g., a computer or mobile device) you used to access the Portal. Such information, often referred to as “log file” information, may include your device’s Internet Protocol address, operating system name and version, and browser name and version, as well as the referring URL, number of times your device has accessed the Portal, pages of the Portal you viewed, links you clicked, and other information about your visit to and use of the Portal. With your consent, our servers may also collect information about the precise location of your device. If you do not wish to provide location data, please consult your device’s or browser’s instructions or help pages for information on how to disable these features. If you access the Portal from a mobile device, such as a smartphone or tablet, our servers may also collect information specific to your mobile device. This information may include your mobile device’s hardware model, unique device identifier(s), and mobile network information.
If you do not have the ability to update or correct certain personal information via the Portal, please contact us at email@example.com.
Notice to California residents
If you are a California resident, you may be entitled to request certain information regarding our disclosure, if any, of your personal information (such as your name and contact information) to third parties who wish to contact you or send you promotional information about their products and services directly (as compared to when the third party is acting on our behalf or you have provided your personal information as part of a co-promotion by National CASA/GAL and the third party). If you are a California resident and would like to request a copy of information regarding our disclosure to third parties for their direct marketing purposes in the preceding calendar year, please send us a letter at the following address: National Court Appointed Special Advocate/Guardian Ad Litem Association for Children, Attention: CA Privacy Rights 100 West Harrison Street, Suite N500 Seattle, WA 98119
While no website or electronic data can ever be completely secure, National CASA/GAL is committed to maintaining up-to-date and appropriate security measures and safeguards. We maintain a variety of physical, electronic, and procedural safeguards to help prevent unauthorized access to and improper use of your personal information.
You agree to defend, indemnify, and hold harmless National CASA/GAL, its independent contractors, service providers, and consultants, and their respective directors, employees, volunteers, agents, successors, and assigns from and against any third-party actual or threatened suit, demand, or claim made against National CASA/GAL and/or its independent contractors, service providers, employees, directors, consultants, or volunteers arising out of or relating to your use of the Portal, your conduct, your violation of these Terms and Conditions, or your violation of the rights of any third party and to compensate National CASA/GAL, its independent contractors, service providers, and consultants, and their respective directors, employees, volunteers, and agents for any damages, costs, expenses, and attorney fees they incur in connection with such suit, demand, or claim. You agree to cooperate with National CASA/GAL in the defense of any suit, demand, or claim. National CASA/GAL shall have the right to control the defense of any suit, demand, or claim and to choose the attorneys to handle such defense.
THE PORTAL AND THE MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NATIONAL CASA/GAL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NATIONAL CASA/GAL DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THE PORTAL ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. THE INFORMATION PROVIDED ON THE PORTAL DOES NOT, AND IS NOT INTENDED TO, CONSTITUTE LEGAL ADVICE; INSTEAD, ALL INFORMATION, CONTENT, AND MATERIALS AVAILABLE ON THIS SITE ARE FOR GENERAL INFORMATIONAL PURPOSES ONLY. NATIONAL CASA/GAL DOES NOT REPRESENT OR WARRANT THAT THIS SITE OR ITS SERVER(S) ARE FREE OF VIRUSES WORMS, “TROJAN HORSES,” OR OTHER MALICIOUS SOFTWARE. NATIONAL CASA/GAL DOES NOT MAKE ANY WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE PORTAL, OR ENDORSE, RECOMMEND, OR MAKE ANY WARRANTIES AS TO THE ACCURACY, RELIABILITY OF ANY THIRD-PARTY CONTENT, INFORMATION, MATERIALS, USER CONTENT, FEATURES, SERVICES, PRODUCTS, OR STATEMENTS AVAILABLE ON OR THROUGH THE PORTAL OR THROUGH LINKS ON THE PORTAL. NATIONAL CASA/GAL DOES NOT GUARANTEE THAT LINKED EXTERNAL WEBSITES COMPLY WITH SECTION 508 OF THE REHABILITATION ACT. THE USE OF THE PORTAL IS ENTIRELY AT YOUR OWN RISK.
National CASA/GAL’s responsibility for anything that happens on the PORTAL (also called “liability”) is limited as much as the law will allow. If there is an issue with the PORTAL, You agree that National CASA/gal has no liability for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to that issue of these Terms, even if National CASA/gal knows or could foresee that they could happen. IN ANY CASE, THE ENTIRE LIABILITY OF NATIONAL CASA/gal, AND ITS DIRECTORS, OFFICERS, EMPLOYEES, VOLUNTEERS, AND AGENTS, UNDER THESE TERMS AND CONDITIOnS FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) IS LIMITED TO THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESS TO THE PORTAL.
You may not assign or transfer the IP License to anyone else, including, without limitation, by operation of law. Licensor may assign or transfer the IP License, the Owned Licensed IP, and its rights in the Third-Party Licensed IP in accordance with Licensor’s plans.
You and National CASA/GAL cannot promise that the other will do anything for someone else. They are not agents or fiduciaries of each other.
If a court, arbitrator, or administrative body holds any of these Terms and Conditions invalid, all of the other portions of the Terms and Conditions shall remain fully valid and enforceable to the maximum extent available under the applicable law. One or more delays in exercising any right, power, or privilege, does not constitute a waiver of that right, obligation or default. Any full or partial waivers of any right, obligation, or default does not constitute a waiver of any subsequent right, obligation or default.
You acknowledge that if you breach these Terms and Conditions it might cause damage that money alone might not fix. Because of that possibility of irreparable harm caused by the breach, you agree that National CASA/GAL shall be entitled to seek equitable relief, including a restraining order, injunctive relief, or specific performance, as well as other remedies. National CASA/GAL does not need to post a bond or other security to seek or obtain equitable relief.
Failure to comply with any of the Terms and Conditions may result in disciplinary and/or legal action, such as demotion of access rights, suspension or termination of access to the Portal, and/or termination of your relationship with National CASA/GAL.
The parties will try to resolve any disputes informally by discussion or through mediation. However, if a dispute leads to litigation, the parties agree that the laws of the state of Washington, without reference to conflicts of law provisions, shall govern these Terms and Conditions. The parties consent to the jurisdiction of the federal and state courts located in King County, Washington, for purposes of any legal action arising out of these Terms and Conditions. The parties expressly acknowledge these courts as convenient fora. You waive and acknowledge that you cannot assert any objections or defenses of sovereign immunity, the 11th Amendment of the U.S. Constitution, and the like.
National CASA/GAL may update these Terms from time to time. Please note that, after an update is posted, you will be required to accept the updated Terms before logging into the Portal.