Posting Date: March 2019 INTRODUCTION Welcome to the National CASA Association’s (“National CASA”) 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 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’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 provides you with access to the General Content in order to assist you in advancing the mission and goals of National CASA and CASA/GAL Local Programs and State Organizations. As such, you may view, download, and print General Content for use in National CASA projects, objectives, or otherwise as needed in your relationship with National CASA 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 or a CASA/GAL Local Program or State Organization without National CASA’s express authorization. For the avoidance of doubt, a person is affiliated with National CASA 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 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 access to General Content, please do not share any General Content with that person until you have confirmed his or her authorization to access the Portal. Failure to comply with this provision, such as by sharing General Content with an unauthorized individual, may result in disciplinary and/or legal action, such as suspension or termination of access to the Portal and/or termination of your relationship with National CASA. Training Materials Certain Qualified Users will have access to training materials provided by National CASA, such as training presentations, slide shows, notes, curricula, agendas, and guides (“Training Material”). Training Materials are highly confidential and are only for use in training programs approved by National CASA. Any use of training materials other than those specifically approved by National CASA is strictly prohibited. Failure to comply with this provision, such as by using Training Materials for any use that is not specifically approved by National CASA will 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. Additionally, please note that the Training Materials are subject to limited copyright and trademark licenses, which are set forth below in Sections 5 and 6 of these Terms. Executive Materials 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 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. Failure to comply with this provision, such as by sharing Executive Materials with unauthorized individuals or using Executive Materials for any purpose that is not specifically approved by National CASA will 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.
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 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. Failure to comply with the foregoing shall constitute a breach of these Terms, which may result in immediate suspension or termination of your Portal User Credentials. National CASA also reserves the right to delete or change Portal User Credentials (with or without notice) at any time and for any reason.
Unless otherwise indicated, all General Content, Training Materials, and Executive Materials (collectively, “Protected Materials”) are the proprietary property of National CASA or its licensors. You may download and/or print to hard copy Protected Materials to which you have access for CASA/GAL program related functions and roles, business- or oversight-related functions and roles, and to advance the mission and goals of National CASA and CASA/GAL Local Programs and State Organizations . However, you may not remove any proprietary notices, including copyright and trademark notices, or labels from any Protected Materials. Any other use of Protected Materials without the prior written permission of National CASA is strictly prohibited. Notwithstanding this provision, to the extent you are authorized to share Training Materials with individuals not subject to these Terms, the limited licenses set forth in sections 5 and 6 of these Terms apply to your use of Training Materials.
Subject to the terms and conditions of this trademark license (“Trademark License”), and in consideration of the mutual covenants, terms and conditions set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, National CASA grants each Qualified User having access to General Content and/or Training Materials (“Trademark Licensee”) a royalty-free, non-exclusive, non-transferable, non-sub-licensable license to use the Marks, as identified below, on or in connection with the promotion, advertising, and provision of the Licensed Activities in the Territory. This Trademark License shall commence as of the date of your acceptance of these Terms and shall remain in force until the expiration of your employment or relationship with National CASA (the “Term”). National CASA shall have the right to terminate this Trademark License immediately by giving written notice to Trademark Licensee if: (a) Trademark Licensee breaches this Trademark License and (if such breach is curable) fails to cure such breach within 14 days of being notified to in writing to do so; or (b) Trademark Licensee challenges the validity of the Marks or National CASA’s ownership of the Marks. For purpose of this Trademark License, the following terms shall have the following meanings:
“Licensed Activities” means training, supporting, promoting and providing court-appointed volunteer advocacy for abused and neglected children; increasing awareness and support of your mission and that of National CASA; charitable fundraising to support child advocacy programs recognized and authorized by National CASA and in good standing with National CASA’s standards; and providing printed materials, including books, handbooks, and training manuals, for these services.
“Territory” means the geographic area or state in which Trademark Licensee resides or engages in the Licensed Activities.
“Marks” means the following trademarks and service marks set forth on Schedule A to the Trademark License, whether registered or unregistered. Trademark Licensee agrees that it shall not, during the Term or thereafter, directly or indirectly: (a) do, omit to do, or permit to be done, any act which will or may dilute the Marks or tarnish or bring into disrepute the image of, reputation of or goodwill associated with the Marks or National CASA or which will or may invalidate or jeopardize any registration of the Marks; or (b) apply for, or obtain, or assist any person (other than National CASA) in applying for or obtaining any registration of any trademark, service mark, trade name or other indicia confusingly similar to the Marks in the Territory, in any other state, or any country. Trademark Licensee acknowledges and is familiar with the high standards, quality, style and image of Licensor, and Trademark Licensee shall, at all times, conduct its business and use the Marks in a manner consistent with these standards, quality, style and image. See National CASA/GAL Program Brand Standards.
Trademark Licensee shall comply with National CASA’s specifications, standards and directions relating to the Licensed Activities, and the promotion, advertising and provision thereof, as well as all applicable laws and regulations. To ensure compliance with the form and manner of the application of the Marks and the quality standards set by National CASA, National CASA shall have the right at all reasonable times and following reasonable prior notice to inspect and review all materials bearing the Marks and, upon the request of National CASA, Trademark Licensee shall, within a reasonable period of time, adopt and implement any changes or revisions concerning the form and manner of the application of the Marks on all applicable materials not yet distributed which National CASA may deem reasonably necessary.
Trademark Licensee shall immediately notify National CASA if any of the following matters come to its attention: (a) any application for a trademark or service mark that conflicts with the Marks; (b) any act of infringement, imitation, unfair competition or dilution involving the Marks; or (c) any claims that the use of the Marks infringes any trademark or service mark or other right of another entity. With respect to any of the foregoing matters listed: (v) National CASA shall decide, in its sole discretion, what action if any to take; (w) National CASA shall have exclusive control over, and conduct of, all claims and proceedings; (x) Trademark Licensee shall provide National CASA with all assistance that National CASA may reasonably require in the conduct of any claims or proceedings; (y) National CASA shall bear the cost of any proceedings and shall be entitled to retain all sums recovered in any action for its own account; and (z) except pursuant to an express written authorization by an officer or director of National CASA, Trademark Licensee has no right to initiate, undertake, or engage in any legal action for the protection of, relating to, or involving the Marks, and shall not assert any rights in or to the Marks.
Trademark Licensee shall indemnify, defend and hold harmless National CASA against all losses arising out of or resulting from any third party claim, suit, action or proceeding related to or arising out of: (a) the breach of this Trademark License by Trademark Licensee, and (b) Trademark Licensee’s exercise of its rights granted under this Trademark License, except for any action based solely on trademark infringement arising out of the use by Trademark Licensee of the Marks in accordance with this Trademark License. Trademark Licensee shall not assign or otherwise transfer any of its rights, or delegate or otherwise transfer any of its obligations or performance, under this Trademark License, in each case whether voluntarily, involuntarily, by operation of law or otherwise, without National CASA’s prior written consent, which consent National CASA may give or withhold in its sole discretion. On expiration or termination of this Trademark License for any reason and subject to any express provisions set out elsewhere in this Trademark License: (a) all rights and licenses granted by National CASA pursuant to this Trademark License shall cease; (b) Trademark Licensee shall immediately and permanently cease all use of the Marks, or any marks, names or indicia which in the opinion of National CASA are confusingly similar thereto or any materials which may in any way indicate or tend to indicate that Licensee is or was in any way associated with National CASA; and (c) Trademark Licensee shall promptly return to National CASA, or, at National CASA’s option, destroy, at Trademark Licensee’s expense, all materials for the Licensed Activities. Any rights or obligations of the parties in this Trademark License which, by their nature, should survive termination or expiration of this Trademark License will survive any such termination or expiration. Trademark Licensee shall, upon the request of National CASA, promptly execute such documents and perform such acts as may be necessary to give full effect to the terms of this Trademark License. National CASA reserves the right to revoke this Trademark License at any time.
SCHEDULE A TO THE TRADEMARK LICENSE I AM FOR THE CHILD® LIFT UP A CHILD’S VOICE® LIFT UP A CHILD’S VOICE. A CHILD’S LIFE.® COURT APPOINTED SPECIAL ADVOCATES® STAND UP FOR AN ABUSED CHILD® A POWERFUL VOICE IN A CHILD’S LIFE® LIGHT OF HOPE® CASA® SPEAK UP FOR A CHILD® A CHILD’S VOICE IN COURT® CHANGE A CHILD’S STORY™
Subject to the terms and conditions of this limited copyright license, and in consideration of the mutual covenants, terms and conditions set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, National CASA hereby grants to each Qualified User having access to Training Materials (“Copyright Licensee”) a royalty-free, non-exclusive, non-transferable, non-sublicensable license to use Training Materials, as defined in Section 2 of these Terms, for the sole purpose of training related to court-appointed volunteer advocacy for abused and neglected children. COPYRIGHT LICENSEE MAY NOT REPRODUCE, DISTRIBUTE, MODIFY, RETRANSMIT, OR PUBLISH THE TRAINING MATERIALS FOR ANY OTHER PURPOSE WITHOUT THE PRIOR WRITTEN CONSENT OF NATIONAL CASA. National CASA expressly reserves all rights not expressly granted to you under this Agreement. This Copyright License shall commence as of the date of your acceptance of these Terms and shall remain in force until the expiration of your employment or relationship with National CASA (the “Term”). National CASA shall have the right to terminate this Copyright License immediately by giving written notice to Copyright Licensee if: (a) Copyright Licensee breaches this Copyright License and (if such breach is curable) fails to cure such breach within 14 days of being notified to in writing to do so; or (b) Copyright Licensee challenges the validity of the copyrights to any Training Materials or National CASA’s ownership of the copyright to the Training Materials. Copyright Licensee acknowledge that the Training Materials and any and all copyright and other intellectual property rights associated with the Training Materials are the sole and exclusive property of National CASA. Copyright Licensee claims no rights in the Training Materials, its content, or any intellectual property rights associated with the Training Materials except for those rights expressly granted in these Terms. National CASA reserves the right to revoke this license at any time.
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 are unique to you or are used with permission of the copyright holder. You retain the copyright and other rights in the User Content. However, by Submitting the User Content to the Portal, you hereby grant to National CASA 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. By using any Interactive Area, you agree not to post, upload to, transmit, distribute or otherwise publish through the Portal any of the following:
Please note that a violation of this section may result in disciplinary or legal action, such as suspension or termination of use of Interactive Areas, suspension or termination of access to the Portal, or termination of your relationship with National CASA. National CASA 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 is not liable for any statements, representations, or other User Content provided in any Interactive Area. Although National CASA has no obligation to screen, edit, or monitor any of the User Content posted in any Interactive Area, National CASA reserves the right and has absolute discretion, to remove, screen or edit any User Content that violates these provisions or, in National CASA’s sole discretion, is otherwise objectionable. Any use of an Interactive Area in violation of the foregoing is a violation of these Site Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas, Sites, and/or Services.
National CASA 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 Sites. 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 Sites, pages of the Sites you viewed, links you clicked, and other information about your visit to and use of the Sites. 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 firstname.lastname@example.org. 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 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 Association 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 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.
By logging into the Portal, you acknowledge that other agreements and/or policies may apply when you use the Portal. For example, you agree that these Terms may supplement any employment or confidentiality agreement to which you are subject. In the event of a conflict between these Terms and any other applicable documents, conflicting terms found in the other applicable documents will prevail over these Terms.
To the fullest extent permitted by law, you shall defend, indemnify, and hold harmless the National CASA from and against all claims arising from or in any way related to your use of the Portal and/or Protected Content, your violation of these Terms, or any other actions connected with your use of the Portal and/or Protected Content, including any liability or expense, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees. National CASA will provide prompt written notice of any such claims, but failure to provide such notice will not release you from any of your obligations pursuant to this section, except to the extent that you are actually prejudiced by such failure, and will not relieve you from any other liability that you may have to the National CASA other than under this section.
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 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 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 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 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 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.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL NATIONAL CASA, OR ITS DIRECTORS, OFFICERS, EMPLOYEES, VOLUNTEERS, OR AGENTS, BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY AND WHETHER OR NOT NATIONAL CASA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR RELATING TO (A) THE USE OR INABILITY TO USE THE PORTAL; (B) ANY CONTENT ON THE PORTAL; OR (C) ANY THIRD-PARTY CONTENT OR MATERIALS (INCLUDING USER CONTENT) OR THE DEFAMATORY, INFRINGING, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.
These Terms and your use of the Portal shall be governed by and construed in accordance with the laws of the State of Washington, without resort to its conflict of law provisions.
National CASA’s failure to exercise or enforce any right or provision in these Terms shall not constitute a waiver of such right or provision.
If any provision of these Site Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Site Terms and shall not affect the validity and enforceability of any remaining provisions.
National CASA 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.