Terms of Use, Privacy Policy and Disclaimer

TERMS OF USE

• Important Legal Disclaimers and Notices
• No Warranty and Limitation of Liabilities
• Additional Important Information
• What Happens When I Contact MyChild™?
• Privacy Policy
• Security
• Third-Party Websites
• Legal and Ethical Requirements
• Ownership, License and Restrictions on Use
• Governing Laws in Case of Dispute; Jurisdiction
• Disclosure Pursuant to Law
• Message Boards, Other Community Areas

Important Legal Disclaimers and Notices

We have written this “Terms of Use , Privacy Policy and Disclaimer” (referred to below as the “Terms of Use”) to outline the conditions under which this Website and the phone number, (800) 692-4453, are being made available to you. Please read the Terms of Use carefully. By using our Website you agree to be legally bound by these Terms of Use. We reserve the right, in our sole discretion, to amend the Terms of Use as we see fit. Please check these Terms of Use periodically to review any amendments. By accessing or using this Website after we post any amended Terms of Use, you agree to be bound by such amendments, whether or not you have reviewed them. If you do not agree with these Terms of Use, now or as amended from time to time by us, you should not use our Website. If you do not comply with these Terms of Use, we reserve the right at any time and without prior notice to you, to terminate or block your access to this Website (or any part thereof). In our sole discretion and without prior notice, we may discontinue, modify or alter any aspect of the Website. You agree that we shall not be liable to you or any third party for any termination or cancellation of your access to, or use of, our Website.

CerebralPalsy.org (hereinafter “MyChild™” or the “Website” or “we”) is developed and supported by attorney, Kenneth A. Stern. MyChild™ does not provide legal or medical advice and/or legal or medical services, but rather, solely refers to the information provided by this Website and the information available by use of the telephone number, (800) 692-4453. The use of the content, links, message boards, discussion groups, material and other information accessible at this Website or by use of the phone number, (800) 692-4453 is for general informational purposes only. None of the information at this Website or accessible by use of the phone number, (800) 692-4453, is intended to constitute, nor does it constitute, legal or medical advice, and none of the information necessarily reflects the opinions of Stern Law, PLLC, or any of its attorneys or clients.

THIS INFORMATION IS ALSO NOT INTENDED TO, NOR DOES IT CREATE AN ATTORNEY-CLIENT RELATIONSHIP between Stern Law, PLLC, and the visitors of the Website, or anyone contacting the phone number, (800) 692-4453. Neither the transmission nor receipt of this Website material, or use of the phone number, (800) 692-4453, will create an attorney-client relationship between sender or user, and receiver. AN ATTORNEY-CLIENT RELATIONSHIP IS ONLY CREATED IF, AND WHEN, AN ENGAGEMENT LETTER HAS BEEN PROVIDED BY US AND SIGNED BY YOU.

DO NOT PROVIDE ANY CONFIDENTIAL INFORMATION TO Stern Law, PLLC, or any of its attorneys. INFORMATION PROVIDED TO Stern Law, PLLC, or any of its attorneys WILL NOT BE CONSIDERED CONFIDENTIAL by Stern Law, PLLC, or any of its attorneys. No information provided by you will be treated as confidential UNLESS AND UNTIL AN ATTORNEY-CLIENT RELATIONSHIP HAS BEEN ESTABLISHED, WHICH CAN ONLY OCCUR — IF, AND WHEN — AN ENGAGEMENT LETTER HAS BEEN PROVIDED BY US AND COUNTERSIGNED BY YOU.

The material contained herein is general in nature, only, and may not apply to you or your child’s particular factual, medical or legal circumstances. We also do not necessarily undertake to update any material in our Website to reflect subsequent legal, medical or other important developments. Internet subscribers and online readers should not act on this information or the information accessible by use of the phone number, (800) 692-4453, without seeking independent legal, medical, or other professional counsel.

You should not act or rely on any medical or legal information at this Website without seeking the advice of a physician for medical advice or an attorney for legal advice. The determination of whether you need medical or legal services and your choice of a doctor or lawyer are very important matters that should not be premised alone on websites or advertisements.

No Warranty and Limitation of Liabilities

The information provided herein, or accessible by use of the phone number, (800) 692-4453, is not guaranteed by anyone to be correct, complete, or current. We make no warranty, expressed or implied, about the accuracy or reliability of the information at this Website, or any other website this Website may be linked to or from, or the information accessible by use of the phone number, (800) 692-4453.

THIS WEBSITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS AND STERN LAW, PLLC EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.

YOU AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, GOODWILL, LOST USE, LOST DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM, (A) THE USE OR THE INABILITY TO USE OUR WEBSITE; (B) THE USE OF ANY CONTENT ON OUR WEBSITE OR WEBSITES LINKED TO OUR WEBSITE; (C) THE COST OF OBTAINING ANY SUBSTITUTE GOODS OR SERVICES RESULTING FROM LOSS OF ANY GOODS, DATA, INFORMATION, CONTENT OR SERVICES OBTAINED THROUGH OR FROM OUR WEBSITE; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR WEBSITE; OR (F) ANY OTHER MATTER RELATING TO OUR WEBSITE. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OUR WEBSITE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF YOUR USE OF THIS WEBSITE.

Some states do not allow the limitation of liabilities, so the foregoing limitation may not apply to you.

Additional Important Information

The MyChild™ informational program was created by Stern Law, PLLC, which substantially limit its practice to representing children injured as a result of medical negligence. Legal services may be provided by Stern Law, PLLC, and/or other law firms with which this entity may affiliate with, as legally and ethically permitted or required, and depending upon the state wherein the claim(s) arose. However, our legal services may not be available in your state, and for further information in this regard, please contact us. Stern Law, PLLC, is exclusively owned and controlled by attorney, Kenneth A. Stern, Esq. Mr. Stern is a lawyer in good standing and is licensed to practice law in the states of Michigan, Wisconsin, Pennsylvania, and Tennessee.

Stern Law, PLLC, may in certain circumstances, when permitted, with full disclosure, refer your claim to another lawyer or law firm with whom Stern Law, PLLC will affiliate or join as co-counsel and then, if and as permitted and/or required, participate in and/or accept responsibility for your legal matter, and share in the legal fees generated thereby. Any such agreement will be subject to the terms of a written Client Engagement letter, as opposed to any information stated or otherwise implied herein or by use of the information accessible through use of the phone number, (800) 692-4453.

What Happens When I Contact MyChild™?

By filling out the information on the “Contact Us” page, downloading materials from the site or social channel, or by calling the phone number, (800) 692-4453, you will receive a response from a MyChild™ call center representative, a non-medical, non-legal resource for parents of children affected by Cerebral Palsy, or with other special needs, who will provide you with general information and assistance with resources that may be of benefit to you and your child.

DO NOT PROVIDE ANY CONFIDENTIAL INFORMATION TO the MyChild™ call center representatives. INFORMATION PROVIDED TO the MyChild™ call center representative WILL NOT BE CONSIDERED CONFIDENTIAL UNLESS AND UNTIL AN ATTORNEY-CLIENT RELATIONSHIP HAS BEEN ESTABLISHED, WHICH CAN ONLY OCCUR — IF, AND WHEN — AN ENGAGEMENT LETTER PROVIDED BY Stern Law, PLLC, or any of its attorneys HAS BEEN COUNTERSIGNED BY YOU.

If you are interested in legal services, you should call us so we can determine whether Stern Law, PLLC or any of its attorneys are willing and able to accept professional responsibility and accept your case. At Stern Law, PLLC, court costs and other additional expenses of legal action usually must be paid by the client. The percentage fee will be computed before or after expenses are deducted from the recovery in accordance with state laws.

THIS INFORMATION IS ALSO NOT INTENDED TO, NOR DOES IT CREATE AN ATTORNEY-CLIENT RELATIONSHIP between Stern Law, PLLC, and the visitors of the Website, or anyone contacting the phone number, (800) 692-4453. Neither the transmission nor receipt of this Website material, or use of the phone number, (800) 692-4453, will create an attorney-client relationship between sender or user, and receiver. AN ATTORNEY-CLIENT RELATIONSHIP IS ONLY CREATED IF, AND WHEN, AN ENGAGEMENT LETTER HAS BEEN PROVIDED BY US AND COUNTERSIGNED BY YOU.

Users of this Website, the “Contact Us” page, and callers to the phone number, (800) 692-4453, must discuss medical matters with their physicians and legal issues with their lawyers. The MyChild™ call center representatives are not permitted to and do not provide any legal or medical advice.

Security

You understand and agree that our Website utilizes the Internet to transport data and communications. We will take reasonable security precautions to safeguard data and communications; however, we disclaim any liability for interception of any such data or communications or for any partial or total interruptions in the availability of this Website. You agree that we, any of our sources or any third party working with us to provide services hereunder shall not be responsible for any damages (including, without limitation, incidental and consequential damages and lost profits) caused by communications line failures, systems failures, and other occurrences beyond our reasonable control, or from any unauthorized use by any third party who intercepts or gains access to your data as a result of your intentional or unintentional conduct, including negligence by you, or under any other circumstances beyond our reasonable control. We will also not be responsible for any access costs you incur to connect to our Website.

Third-Party Websites

This Website may contain links to third party websites for the convenience of our users. We do not control or endorse any of these third party websites, and linking is not intended to imply, nor does it create any association between us and the parties involved in such websites. Furthermore, we do not control the policies, practices or content of these third party websites and cannot represent or warrant that their policies, practices or content will comply with these Terms of Use. If you use any links to websites not maintained by Stern Law, PLLC, you do so at your own risk.

Legal and Ethical Requirements

Stern Law, PLLC will use its best efforts to accept matters within jurisdictions where this Website complies with the jurisdiction’s rules regarding attorney advertising and solicitation.

The attorney responsible for this Website is Kenneth A. Stern of Stern Law, PLLC, located at 41850 West Eleven Mile Road, Ste. 121, Novi, Michigan 48375 (USA).

Ownership, License & Restrictions on Use

As between Stern Law, PLLC, and you, all right, title and interest (including all copyrights, trademarks and other intellectual property rights) in this Website belong to Stern Law, PLLC. In addition, the names, images, pictures, logos and icons used in this Website and/or related products and services are proprietary marks of Stern Law, PLLC. Except as expressly provided below, nothing contained herein shall be construed as conferring upon you any license or right, by implication, estoppel or otherwise, under any copyright or other intellectual property rights.

You are hereby granted nonexclusive, nontransferable, limited permission to view and use information retrieved from this Website provided solely for your personal, informational, non-commercial purposes, provided that you do not remove or obscure the copyright or trademark notices or other notices and that you otherwise fully comply with these Terms of Use. Except as expressly provided above, no part of this Website, including but not limited to materials retrieved from or through the Website and the underlying source or object code, may be reproduced, republished, copied, transmitted, or distributed in whole or in part in any form or by any means. In no event shall content or materials from this Website be stored in any information storage and retrieval system without prior written permission from Stern Law, PLLC.

Use, duplication, or disclosure by or for the United States Government is subject to the restrictions set forth in DFARS 252.227-7013 (c)(1)(ii) and FAR 52.227-19.

Governing Laws in Case of Dispute; Jurisdiction

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Michigan, USA, as they apply to agreements made and solely performed therein. Disputes arising hereunder shall be exclusively subject to the jurisdiction of the federal courts of the United States of America and/or the state courts of Michigan and jurisdiction therefore shall rest solely in Michigan, USA.

Disclosure Pursuant to the Law

We may make information concerning the Website, and the uses thereof, available to law enforcement personnel and agencies when requested to do so or as required by law. We may also disclose such information upon a good faith belief that it is required to do so, in order to protect rights or property or in furtherance to an investigation regarding a breach of the Terms of Use.

This Website and its entire contents are protected by U.S. and international copyright laws. Copyright © Stern Law, PLLC, 2014. All Rights Reserved.

Message Boards, Other Community Areas

Our Website may provide users an opportunity to post and exchange information, comments, questions, ideas and opinions (“Postings”) on message boards or other community areas. Such Postings do not necessarily reflect our views or the views of Stern Law, PLLC. We assume no and shall have no responsibility or liability for any Postings or for any claims, damages or losses resulting from their use and/or appearance on this Website. If you use our message boards or other community areas, you are solely responsible for your own Postings, the consequences of such Postings, and reliance upon and Postings found in the message boards or other community areas. We are not responsible for the consequences of any communication in the community area. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or 911 immediately.

In consideration of being allowed to use the message boards and other community areas, you agree that the following actions are prohibited and shall constitute a material breach of these terms and conditions:

• Using the message boards or other community areas for any purpose in violation of local, state, national, or international laws;
• Posting material that infringes upon the intellectual property rights of others or on the privacy and publicity rights of others;
• Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by us in our sole discretion;
• Posting advertisements or solicitations of business;
• After receiving a warning, continuing to disrupt the normal flow of dialogue or posting comments that are not related to the topic being discussed;
• Posting chain letters or pyramid schemes;
• Impersonating another person;
• Distributing viruses or other harmful computer code;
• Harvesting or otherwise collecting information about others, including email addresses without consent;
• Allowing any other person or entity to use your identification for posting or viewing comments;
• Posting the same note more than once or “spamming”;
• Engaging in any other contact that restricts or inhibits any other person from using or enjoying the message boards or other community areas of the Website, or which in our judgment, exposes us or any of our sponsors, affiliates or guests, or users to any liability or detriment of any type.
• We reserve the right but are not obligated to do any or all of the following:
  Record Postings;
• Investigate any allegation that a Posting does not conform to the terms of this Agreement;
• Remove Postings which are abusive, illegal, disruptive, and otherwise fail to conform with these terms and conditions;
• Terminate a user’s access to any of the message boards or community areas or the Website entirely upon any breach of these Terms of Use;
• Monitor, edit, or disclose any communication in the message boards or community areas;
  Edit or delete any Posting on the Website, regardless of whether or not such Posting violates these rules.

We reserve the right to take any action it deems necessary to protect the personal safety of our guests, users or the public. We shall have no liability or responsibility to users of the Website or any person or entity for performance or nonperformance of the aforementioned activities.

PRIVACY POLICY

General

We respect the privacy of every individual who visits our Website or uses the phone number, (800) 692-4453. This Privacy Policy outlines the information we will collect and how we will use that information. This Policy will also instruct you on what to do if you do not want your personal information collected or shared when you visit our Website or use the phone number, (800) 692-4453.

Personally Identifiable Information

We will not collect any personally identifiable information about you (that is, your name, address, telephone number, or e-mail address) unless you provide it to us voluntarily.

If you do not want your personally identifiable information collected, please do not submit it to us. If you have already submitted this information and would like for us to remove it from our records, please contact us at the email address listed at the bottom of this Policy. We will use reasonable efforts to delete your information from our existing files.

When you do provide us with personally identifiable information, we may use that information in the following ways, unless stated otherwise: we may store and process that information to better understand your needs and how we can improve our products and services; we may use that information to contact you; and we may provide that information to third parties in connection with referrals, recommendations or references as otherwise described herein.

Children

We do not knowingly and have no intention of collecting any personally identifiable information (that is, name, address, telephone number, or e-mail address) from individuals under 13 years of age. Where appropriate, we may specifically instruct children not to submit such information on our Website or through the phone number (800) 692-4453. If a child has provided us with personally identifiable information, a parent or guardian of that child should contact us at the e-mail address or phone number listed at the bottom of this Policy if they would like this information deleted from our records. We will use reasonable efforts to delete the child’s information from our existing files.

Non—Personally Identifiable Information Collected Automatically

In some cases, we may collect information about you that is not personally identifiable. Examples of this type of information include the type of Internet browser you are using, the type of computer operating system you are using, and the domain name or IP address of the site from which you linked to our Website.

Information We May Place Automatically on Your Computer’s Hard Drive

CerebralPalsy.org uses cookies to record user-specific information on what pages users access or visit, record past activity at a site in order to provide better service when visitors return to our site, and gather statistical information to help improve user experience. Third party vendors, including Google, may use cookies to serve ads on sites across the internet based on prior visits to this website. Visitors may opt out of Google’s use of cookies by visiting the Ads Preferences Manager. Alternatively, you may opt out of a third-party vendor’s use of cookies by visiting the Network Advertising Initiative Opt-Out Page.

When you view our Website, we may store some information on your computer. This information will be in the form of a “cookie” or similar file and will help us in many ways. For example, cookies allow us to tailor the Website to better match your interests and preferences. With most Internet browsers, you can erase cookies from your computer hard drive, block all cookies, or receive a warning before a cookie is stored. Please refer to your browser instructions to learn more about these functions.

If you have submitted personally identifiable information through our Website or the phone number (800) 692-4453 and would like that information deleted from our records, please contact us at [email protected] and provide us with the requested information. We will use reasonable efforts to delete this information from our existing files.

If you would like to communicate with us or have questions, comments or complaints about this Policy, or the Website, please forward such communication to:

MyChild™ Data Controller, 41850 West Eleven Mile Road, Ste. 121, Novi, MI 48375. Or, email us at: [email protected]

SITE DISCLAIMER

CerebralPalsy.org (hereinafter “MyChild™” or the “Website” or “we”) is developed and supported by attorney, Kenneth A. Stern and Stern Law, PLLC. None of the information at this Website or accessible by use of the phone number, (800) 692-4453, is intended to constitute, nor does it constitute, legal or medical advice, and none of the information necessarily reflects the opinions of Kenneth A. Stern and Stern Law, PLLC, or any of its attorneys or clients. You should not act or rely on any medical or legal information at this Website without seeking the advice of a physician for medical advice or an attorney for legal advice. The determination of whether you need medical or legal services and your choice of a doctor or lawyer are very important matters that should not be premised alone on websites or advertisements.

Neither the transmission nor receipt of this Website material, or use of the phone number, (800) 692-4453, will create an attorney-client relationship between sender or user, and receiver.

AN ATTORNEY-CLIENT RELATIONSHIP IS ONLY CREATED IF, AND WHEN, AN EXECUTED ENGAGEMENT LETTER HAS BEEN PROVIDED BY US AND SIGNED BY YOU.

Legal services may be provided by Stern Law, PLLC, and/or other law firms with which this entity may affiliate with, as legally and ethically permitted or required, and depending upon the state wherein the claim(s) arose. However, our legal services may not be available in your state, and for further information in this regard, please contact us. Legal services are not available in North Carolina, Kentucky or Florida. Stern Law, PLLC, is exclusively owned and controlled by attorney, Kenneth A. Stern, Esq. Mr. Stern is a lawyer in good standing and is licensed to practice law in the states of Michigan, Wisconsin, Pennsylvania, and Tennessee.

Stern Law, PLLC, may in certain circumstances, when permitted, with full disclosure, refer your claim to another lawyer or law firm with whom Stern Law, PLLC, will affiliate or join as co-counsel and then, if and as permitted and/or required, participate in and/or accept responsibility for your legal matter, and share in the legal fees generated thereby. Any such agreement will be subject to the terms of a written Client Engagement letter, as opposed to any information stated or otherwise implied herein or by use of the information accessible through use of the phone number, (800) 692-4453.

If you are interested in legal services, you should call us so we can determine whether Stern Law, PLLC, or any of its attorneys are willing and able to accept professional responsibility and accept your case. At Stern Law, PLLC, court costs and other additional expenses of legal action usually must be paid by the client. The percentage fee will be computed before or after expenses are deducted from the recovery in accordance with state laws.

The attorney responsible for this Website is Kenneth A. Stern of the law firm, Stern Law, PLLC, located at 41850 West Eleven Mile Road, Ste. 121, Novi, Michigan 48375 (USA).

This website has been created and is ATTORNEY ADVERTISING sponsored by Stern Law, PLLC.

Prior results do not guarantee a similar outcome.