***This agreement contains a binding mutual arbitration provision (including a class action waiver). By accepting this agreement you waive your right to a jury trial and agree to binding arbitration.***
Revisions to this agreement
We may revise and update this Agreement from time to time and will post the updated Agreement to the website. Unless otherwise stated in the amended version of this agreement, any changes to this agreement will apply immediately upon posting. Although we are not obligated to provide you with notice of any changes, any changes to this Agreement will not apply retroactively to events that occurred prior to such changes. Your continued use of this website will constitute your agreement to any new provisions within the revised Agreement.
Your license to access the website
All images, text, photographs, videos, voice recordings and other materials posted by us on this site as well as the website design, layout, look, appearance and graphics on the website (“Our Content”) are subject to copyrights owned by Children’s Hospital Colorado or other individuals or entities and are protected by United States copyright laws. Any reproduction, retransmission, distribution or republication of all or part of any images, text, photographs, videos, voice recordings and other materials found on this site is expressly prohibited, unless Children's Hospital Colorado or the copyright owner of the material has expressly granted its prior written consent to you. All other rights reserved. This site is intended to be maintained in a manner consistent with United States copyright laws. Accordingly, users should not submit or post copyrighted material to this site unless the copyright owner of the material has expressly granted its prior written consent to such submission.
All trademarks, service marks and logos referred to or appearing on this site are the property of their respective owners. The names, trademarks, service marks and logos of Children's Hospital Colorado appearing on this site may not be used in any advertising or publicity, or otherwise to indicate sponsorship of or affiliation with any product or service, without prior express written permission from Children's Hospital Colorado.
On the condition that you comply with all your obligations under this Agreement, we grant you a limited, revocable, non-exclusive, non-transferable license to access and use the website. Any use of the website in excess of this license is strictly prohibited and constitutes a violation of this Agreement, which may result in the termination of your right to access and use the website.
Your access to the website is provided on a temporary basis with no guarantee for future availability. We reserve the right to withdraw or modify any content or services we provide on the website without notice.
Restrictions on your use of the website
You agree that when using the website, you will not:
- Delete, modify, or attempt to change or alter any of Our Content or notices on the website;
- Introduce into the website any virus, rogue program, time bomb, drop dead device, ransomware, back door, Trojan horse, worm or other malicious or destructive code, software routines, denial of service attack, or equipment components designed to permit unauthorized access to the website or to otherwise harm other users, Our Content, or any third parties, or perform any such actions;
- Use the website to commit fraud or conduct other unlawful activities;
- Access or attempt to access, or use or disclose, any other person’s account, personal information, or content without permission;
- Copy, modify, create derivative works, reverse engineer, decompile, disassemble, or otherwise attempt to learn the source code, structure, or ideas upon which the website is based;
- Use any bot, spider, or other automatic or manual device or process for the purpose of harvesting or compiling information on the website for any reason;
- Use any of Our Content made available through the website in any manner that misappropriates any trade secret or infringes any copyright, trademark, patent, rights of publicity, or other proprietary right of any party;
- Submit any content or communications through or relating to the website that violates any rights of a third party, including copyright, trademark, patent, rights of publicity, or other proprietary right of any party;
- Submit any content or communications through the website that is unlawful, harmful, hateful, threatening, abusive, violent, profane, discriminatory, prejudicial, disparaging, fraudulent, inaccurate, misleading, dangerous, offensive, indecent, harassing, intimidating, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, or otherwise objectionable;
- Decrypt, transfer, frame, display, or translate (except translations for personal use) any part of the website;
- Connect to or access any of our computer system or network without authorization;
- Use the information on the website to create or sell a similar service; or
- Use the website for the purpose of soliciting, selling, or offering services, merchandise, or products.
We may suspend or terminate, in whole or in part, your access to the website if you violate the terms and conditions set forth in this section.
Your content and suggestions
Certain areas of the site may allow for the posting or exchange of information among and between users (“Your Content”). Users that submit or post information to this site grant Children's Hospital Colorado the authority and right to use any submission in any way, and by such submissions warrant and represent to Children's Hospital Colorado that such submissions are not in violation of United States copyright or other laws.
We welcome your comments regarding the website, Our Content, and our services. In addition to the license you grant to us for Your Content, if you elect to provide or make available suggestions, comments, ideas, improvements, or other information or materials to us in connection with or related to the website and our services (including any related technology), whether you send such information or materials to us through the website or through a separate communication channel, you grant us a non-exclusive, perpetual, royalty-free, irrevocable right to use, disclose, reproduce, modify, license, transfer, and otherwise distribute, and exploit any such information or materials in any manner. Please do not send us such information or materials if you do not wish to grant us the rights set forth in this section.
You agree that you will not use the website to send, post, or publish:
- Any content that is obscene, defamatory, threatening, harassing, abusive, slanderous, racially, or ethnically offensive, hateful, or embarrassing to any other person or entity;
- Any message, data, code, or software that would violate our, or any third party, proprietary, or intellectual property rights, including unauthorized copyright text, images, programs, trade secrets, or other confidential proprietary information, or use trademarks or service marks in an infringing fashion;
- Any personal information of a third party, or images that include a third party or depict a third party’s likeness, without the third party’s express, written consent;
- Any advertisements or solicitations of business, chain letters, pyramid schemes, or bulk e-mail lists or upload;
- Any materials that violate, could cause us or a third party to violate, or encourage us or a third party to violate any applicable law, statute, ordinance, or regulation; or
- Any content or communications intended to impersonate someone else.
Your Content is your sole responsibility. Under no circumstances will we be liable in any way for Your Content or for any loss or damage of any kind incurred as a result of the use of any of Your Content. We further reserve the right to monitor, delete or modify any of Your Content that we deem offensive, inappropriate, advertising, illegal, off-topic or otherwise violates this Agreement.
We may suspend or terminate, in whole or in part, your access to the website and the related services if you violate the terms and conditions set forth in this Section.
Children's Hospital Colorado websites may include links providing direct access to other Internet sites. Children's Hospital Colorado takes no responsibility for the content or information contained on those other sites, and does not exert any editorial, monitoring or other control over those other sites and therefore does not assume any liability for those sites, their content or their privacy practices. Children's Hospital Colorado reserves the right to remove any link from this site for any or no reason. Inclusion of any linked website on the website does not imply or express an approval or endorsement of the linked website by us or of any of the content, opinions, treatments, information, products, or services provided on these websites. The existence of any particular link is simply intended to imply potential interest to users of this site.
Your privacy; protection of your account credentials
Our Privacy Notice describes how we collect and use personal information about you collected in and through the website.
You are responsible for protecting your website account log-in credentials from unauthorized access and use. You must promptly notify us by e-mail at firstname.lastname@example.org of any known or suspected unauthorized use(s) of your account.
Disclaimer of warranties
Children's Hospital Colorado’s website is designed for general informational and educational purposes only. The Children’s Hospital Colorado website is provided “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
Neither Children's Hospital Colorado nor its information contributors make any express or implied representations or warranties that the information contained is in every respect accurate, complete or current, or free from changes caused by a third-party.
Children's Hospital Colorado cannot and does not guarantee or warrant that files available for downloading from the website will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties.
This information provided on the Children's Hospital Colorado website does not create any physician-patient relationship and should not be considered a replacement for consultation with a healthcare professional. The information provided on this website does not provide a diagnosis of a health condition or a recommendation for a course of treatment. You assume full responsibility for how you choose to use this information. If you are concerned about your health or that of a child, please consult your family's health provider. Do not wait for a response from our professionals or delay seeking medical advice because of the information found on this website. If you or your child have or you believe you or your child have a medical emergency, call your family’s health provider or dial 911 immediately.
Limitation of liability
We are not responsible for any damages to you or anyone filing suit on your behalf for any reason.
ANY ACCESS TO THE CHILDREN’S HOSPITAL COLORADO WEBSITE IS VOLUNTARY. CHILDREN'S HOSPITAL COLORADO WILL REGARD ALL ACCESS AS VOLUNTARY AND AT YOUR SOLE RISK. BY ACCESSING THE WEBSITE, YOU AGREE TO COMPLY WITH AND BE BOUND BY ALL TERMS AND CONDITIONS HEREIN.
Children’s Hospital Colorado and its licensors, parents, or affiliates and their respective directors, officers, employees, agents, assignees, or successors-in-interest will not be liable to you or any third party for any damages, claims, demands, lost profits, or causes of action, direct or indirect, special, incidental consequential, exemplary, or punitive, relating to this agreement, your use of the website or any information you obtain on it, or any other interaction with the website and you voluntarily and unequivocally waive any liability of Children’s Hospital Colorado.
Your sole and exclusive remedy for dissatisfaction with the website will be to stop using the website.
In any event, the maximum total liability of Children’s Hospital Colorado, its suppliers, licensors, parent, or affiliates and the respective directors, officers, employees, agents, and assignees or successors-in-interest, for any claim whatsoever relating in any way to this agreement, including claims for breach of contract, tort (including, negligence or strict liability) or otherwise, and your sole remedy shall be an award for direct, provable damages not to exceed the lesser of one hundred U.S. dollars ($100.00 USD) or your direct provable damages.
You will hold harmless, indemnify, and defend Children’s Hospital Colorado, its subsidiaries, its affiliates, and their respective officers, directors, agents, and employees (collectively, “Children’s Hospital Colorado parties”) from and against any and all claims (including any and all liabilities, damages, losses, costs, expenses, and reasonable attorneys’ fees arising therefrom) relating to any action or proceeding brought by a third party against any one or more of the Children’s Hospital Colorado parties relating to use of the Children’s Hospital Colorado website or any breach or violation of these terms and conditions.
You will have the right to defend and compromise such claim at your expense for the benefit of the Children’s Hospital Colorado parties; provided, however, you will not have the right to obligate the Children’s Hospital Colorado parties in any respect in connection with any such settlement without the prior written consent of the indemnified party. Notwithstanding the foregoing, if you fail to assume your obligation to defend, the Children’s Hospital Colorado parties may do so to protect their interests and you will reimburse all costs incurred by the Children’s Hospital Colorado parties in connection with such defense.
Choice of law
This Agreement and the rights of the Parties hereunder will be governed by and construed in accordance with the Laws of the State of Colorado, exclusive of conflict or choice of law rules. The Parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive Law, any arbitration conducted pursuant to the terms of this Agreement will be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16).
Binding Mutual Arbitration. Any dispute, claim or controversy in connection with, arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity of this Agreement, including, but not limited to, the determination of the scope or applicability of this agreement to arbitrate (a “Dispute”), will be determined by arbitration in Aurora, Colorado before a single arbitrator. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with AAA Consumer Arbitration Rules. Judgment on the award may be entered in any court having jurisdiction. This provision will not preclude Parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
Conduct of Arbitration. The arbitration will be commenced by the claimant party filing a demand for arbitration with the administrator of AAA and serving the demand on the opposing party. Within thirty (30) calendar days of the date the demand for arbitration is filed, the Parties will select an arbitrator by following the AAA Consumer Arbitration Rules’ appointment procedures. Except as may be required by law, neither Party nor the arbitrator may disclose the existence, content or results of any arbitration under this Agreement without the prior written consent of both Parties. The arbitrator’s award will be in writing accompanied by a reasoned opinion and a written statement of the essential findings and conclusions on which the award is based.
Costs. The arbitrator will determine how the costs and expenses of the arbitration will be allocated between the Parties, and may award attorneys’ fees.
Limitation of Liability. In any arbitration arising out of or related to this Agreement, the arbitrator may not award any incidental, indirect, or consequential damages, including damages for lost profits or any punitive or exemplary damages.
Arbitration is on an Individual Basis Only; Class Action Waiver. The parties agree to arbitrate solely on an individual basis, and that this Agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding. Notwithstanding the arbitrator’s power to rule on his or her own jurisdiction and the validity or enforceability of the agreement to arbitrate, the arbitrator has no power to rule on the validity or enforceability of the agreement to arbitrate solely on an individual basis. In the event the prohibition on class arbitration is deemed invalid or unenforceable, then the remaining portions of this Section will remain in force.
Complete Agreement. Except for any separate agreements that may govern particular uses or features of the website, this Agreement constitutes the entire agreement between you and Children’s Hospital Colorado relating to your use of, and access to, this website and supersedes any prior or contemporaneous agreements or representations. This Agreement may not be amended except as set forth in this Agreement.
Severability. If any portion of this Agreement is ruled invalid or otherwise unenforceable, it shall be deemed amended in order to achieve as closely as possible the same effect as originally drafted. Any invalid or unenforceable portion should be construed as narrowly as possible in order to give effect to as much of the Agreement as possible. Where there is a conflict between the terms in a separate agreement and the terms in this Agreement, the conflicting terms in separate agreement shall take precedence.
Headings. Descriptive headings contained in this Agreement are for convenience only and shall not control or affect the meaning or construction of any of this Agreement.
No Waivers. Our failure to enforce or exercise any provision of this Agreement or related right will not constitute a waiver of that right or provision.
No Assignments and Transfers. No rights or obligations under this Agreement may be assigned or transferred by you, either voluntarily or by operation of law, without our express prior written consent and in our sole discretion.
Language of the Agreement. Although this Agreement may be translated into other languages, the English language version of this Agreement shall control in any dispute between the parties.
No Third Party Beneficiaries. Nothing in this Agreement will confer upon any person, other than the parties, any rights, remedies, obligations, or liabilities whatsoever.
Notices. You can provide any notices to us under this Agreement by e-mail or mail using the contact information provided below. Unless you tell us otherwise, or the law requires otherwise, you agree to receive all communications from us by e-mail or through posting notices to your account. You are responsible for providing Children’s Hospital Colorado with up-to-date contact information, which you may do by updating your account information through the website or by sending a message to us via the contact information provided below. You agree that all communications that we send to you electronically satisfy any legal requirement that a communication be in writing. You may print the communications for your records.
If you have any questions or need to contact us for any reason relating to this Agreement, please e-mail email@example.com.
You may also send us mail at the following address:
Children’s Hospital Colorado
Anschutz Medical Campus
13123 East 16th Avenue
Aurora, CO 80045
Website privacy notice
Last Updated: August 2023
Your privacy is important to Children’s Hospital Colorado (together with its affiliates, collectively referred to as “Children’s Hospital Colorado”, “us”, “our”, or “we”). This Privacy Notice describes the processing of Personal Information that is provided, collected, or shared on our website or other platforms that link to this Privacy Notice (collectively, the “site”). “Personal Information” means information that uniquely identifies, relates to, describes, or is reasonably capable of being associated with or linked to you.
By accessing our site, you acknowledge that you have read, understood, and agree to the practices as described in this Privacy Notice.
For information about how Children's Hospital Colorado protects patient privacy, please review our Notice of Privacy Practices.
Personal Information we collect
We may collect a range of Personal Information depending on how you interact with us. For each visitor to our website, our web server automatically recognizes the IP address, state, country and interaction with content across our website (page views, time on page, new and unique users, sessions).
We monitor site usage patterns in order to gather data that allows us to improve the experience we offer our web visitors. This monitoring may include session recording, cookie placement and tracking, click tracking, or requesting that an individual respond to a survey about their online experience.
If you sign up for a class or event, Children's Hospital Colorado Continuing Medical Education (CME) program, or for an online or print publication, we may collect your contact information. This may include your name, email address, demographic information, mailing address, and phone number.
How we collect your Personal Information
We collect your Personal Information in a variety of ways:
- We may collect your Personal Information directly from you. For example, if you sign up for a class, Children's Hospital Colorado Continuing Medical Education (CME) program, or for an online publication.
- Most browsers provide you with the ability to block, delete, or disable cookies, and your mobile device may allow you to disable transmission of unique identifiers and location data. If you choose to reject cookies or block device identifiers, some features of the site may not be available, or some functionality may be limited or unavailable. Please review the help pages of your browser or mobile device for assistance with changing your settings.
- We do not respond to Do Not Track (“DNT”) signals sent to us by your browser at this time. To learn more about how DNT works, please visit http://allaboutdnt.com/.
- Your browser or device. We collect certain data through your browser or automatically through your device, such as your Media Access Control (MAC) address, computer type (Windows or Macintosh), screen resolution, operating system name and version, device manufacturer and model, language, internet browser type and version. We use this data to ensure that the site functions properly.
- Cookies. We collect certain data from cookies, which are pieces of data stored directly on the computer or mobile device that you are using. Cookies allow us to collect data such as browser type, pages visited, referring URL, language preferences, and other aggregated traffic data. We use the data for security purposes, to facilitate navigation, to display data more effectively, to collect statistical data, to personalize your experience while using the site and to recognize your computer to assist your use of the site. We also gather statistical data about use of the site to continually improve design and functionality, understand how they are used and assist us with resolving questions.
- Pixel tags and other similar technologies. We collect data from pixel tags (also known as web beacons and clear GIFs), which are used to, among other things, measure the success of our marketing campaigns and compile statistics about usage of the site.
- Your IP Address. We collect your IP address, a number that is automatically assigned to the computer that you are using by your Internet Service Provider (ISP). An IP address is identified and logged automatically in our server log files when a user accesses the site, along with the time of the visit and the pages that were visited. We use IP addresses to calculate usage levels, diagnose server problems and administer the site. We also may derive your approximate location from your IP address.
- Aggregated data. We may aggregate data that we have collected, and this aggregated data will not personally identify you or any other user.
How we use Personal Information
To the extent permitted by applicable law, we may use Personal Information to:
- Operate the site and provide support to our business functions;
- Respond to inquiries;
- Process your registration and participation in a class or CME;
- Protect against criminal activity, claims and other liabilities;
- Send you information about our company;
- Respond to reviews, comments, or other feedback provided to us;
- Support and personalize the site and our advertising efforts;
- Protect the security and integrity of the site;
- Provide customer support;
- The extent required for benchmarking, data analysis, audits, enhancing the site, studies or surveys, identifying usage trends, as well as for other analytics purposes;
- Meet our contractual requirements;
- Comply with applicable legal or regulatory requirements and our policies;
- Market, advertise, and provide the site;
- Communicate with you to send you marketing communications, as well as periodic customer satisfaction, market research or quality assurance surveys; and
- The extent necessary for any other lawful purpose for which the Personal Information is collected.
Sharing of Personal Information
- In the case of a merger or sale. If and when we are involved in a merger, acquisition, or any form of transfer or sale of some or all of its business, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, Personal Information may be transferred along with the business. Where legally required we will give you prior notice and if you have a legal right to do so, an opportunity to object to this transfer.
- To service providers. When we hire a service provider to help operate the site or our business, we may give access to Personal Information as necessary to perform services on our behalf. This may include service providers that operate our site, send our communications, or run our promotions. We do not share any personally identifiable information we may collect in surveys, although we may share aggregated survey results with our analytics service providers. The aggregated data cannot be used to identify individuals and participation in the survey is voluntary.
- To business partners. We may share Personal Information with our trusted business partners. For example, use a third party to serve ads on our behalf across the Internet.
Your communication preferences
A typical visit to our website does not require a user to actively submit personal information. However, if you decide to provide us your email address, enroll in a class, or subscribe to an online publication with your contact information, we will respond to you with the information you request and other information that we think might be of interest to you. Site visitors are able to opt out of additional communications on the enrollment form itself if they do not wish to be contacted other than in direct response to their request. You may prevent your information from being used for purposes other than those for which it was originally collected by contacting us using the information provided below.
How we protect your personal information
With respect to security, when we transfer and receive certain types of sensitive information such as financial or health information, we redirect visitors to a secure server. We have appropriate security measures in place to protect against the loss, misuse, or alteration of information that you provide to us.
We continuously work to improve our website security. While we have many security measures to protect electronically transmitted information and routinely review and work to improve the security of our website, neither us nor any organization can completely guarantee that a third party won't gain improper access to information provided through this website.
How long do we keep your Personal Information
We will retain your Personal Information for as long as necessary to fulfill the purposes for which it has been collected, as outlined in this Privacy Notice, or any longer retention period required by law.
Additional information regarding applicable U.S. State Law
Certain state laws regulate the “sale” of Personal Information, which may broadly include not only traditional selling of data, but also many sharing arrangements where the recipient can use the Personal Information that they receive for the recipient’s own commercial purposes. In addition, certain state laws may regulate the use and disclosure of personal information for “targeted advertising” as defined by applicable law.
We make browser type, pages visited, referring URL, language preferences, aggregated traffic data, basic geo-location data available to analytics and advertising platforms in order to improve and measure campaigns and website interactions and receive targeted advertising-related services, such as when we make browsing information available (e.g., through third-party tags on our digital properties) to carry out, measure, and improve our ad campaigns and reach users with more relevant ads and content. These disclosures may be considered a “sale” or “targeted advertising” under applicable law.
We do not process your Personal Data for the purposes of profiling in furtherance of decisions that produce legal or similarly significant effects concerning you.
Please note, for information about how Children's Hospital Colorado protects patient privacy and your rights related to your patient information, please review our Notice of Privacy Practices.
Depending on the U.S. state where you reside, you may have certain rights, subject to legal limitations regarding your personal information:
- Right to know. You may have the right to confirm that we process your personal information and to request information we have collected about you in a portable format.
- Right to delete. You may have the right to request that we delete your personal information.
- Right to correct. You may have the right to request that we correct inaccurate personal information that we maintain about you.
- Right to opt-out. You have the right to opt out of the sale of your personal information, targeted advertising, and profiling in furtherance of decisions that produce legal or similarly significant effects on you.
We will not discriminate against you, in any manner prohibited by applicable law, for exercising these rights.
In order to process your requests, we may need to obtain information to locate you in our records or authenticate and verify your identity, depending on the nature of the request. In most cases, we will collect some or all of the following data elements: first and last name, email address, telephone number, and postal address. In some cases, we may request different or additional information, including a signed declaration that you are who you say you are, and will inform you if we need such information.
Authorized agents may exercise rights on behalf of consumers. We may require the agent to demonstrate authority to act on behalf of you by providing signed permission from you. We may also require you to verify your own identity directly with us or to directly confirm with us that you provided the authorized agent permission to submit the request.
If you would like to appeal any action taken in response to your requests, please contact us at the information below.
International use of the website
This site is hosted in the United States. If you are visiting this site from outside of the United States, please note that by providing your Personal Information it is being transferred to, stored, collected, or processed in the United States, where our data center and servers are located and operated.
We do not knowingly collect or solicit any Personal Information from children under the age of 18. In the event that we learn that we have collected Personal Information from a child, we will promptly take steps to delete that information. If you are a parent or legal guardian and think your child has given us their Personal Information, you can contact us using the information listed below.
Links to third-party websites
We are not responsible for the practices employed by any websites or services linked to or from the site, including the information or content contained within them. We encourage you to investigate and ask questions before disclosing Personal Information to third parties, since any Personal Information disclosed will be subject to the applicable third party’s Privacy Notice.
c/o Children's Hospital Colorado
13123 E. 16th Avenue
Aurora, CO 80045