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KidsMisdiagnosed, Inc Terms of use

Acceptance

This Terms of Service agreement (“Agreement”) is between you and KidsMisdiagnosed, Inc, a Florida Nonprofit Corporation (“KMD”) concerning your access and use of the online site currently located at www.kidsmisdiagnosed.org (including, without limitation, any page contained therein and together with any successor site(s)) (“Site”). By accessing the Site, you accept, without limitation or qualification, these terms and acknowledge that any other agreements regarding the use of this Site between you and KMD are superseded and of no force and effect. The Site is made available by KMD subject to this Agreement. Your use of the Site is governed by this Agreement, regardless of how you access the Site (without limitation).

1. Copyright. KMD provides access to certain content and services, which may include, without limitation: (a) services such as profiles, forums, message boards, donation functionality, registration functionality, photos, video, blogs, comment functionality, reviews, ratings and links to third party websites; and (b) content such as audio and video clips, photographs, graphics, images, text, data, user comments, newsletters, email updates, opinions, postings and messages and other similar content (such content and services, collectively, the “Services”). KMD or its licensors and suppliers own the information and materials made available through the Site and make such information and materials available for third-party copying, reproduction, distribution, modification, display, republication, transmittal, reposting, or other use only upon receipt of KMD’s prior written permission, to be granted in KMD’s sole discretion on a case-by-case basis. To request such permission, please contact KMD at info@kidsmisdiagnosed.com.  Notwithstanding the foregoing, KMD hereby grants you a non-exclusive, revocable license to reproduce one copy of any information KMD designates in writing as downloadable and makes available for download on the Site, provided that you will use such reproduction for non-commercial purposes and otherwise comply with all terms and conditions of this Agreement. Unless otherwise stated, no material on this Site is in the public domain. Except as expressly authorized in advance by KMD, you agree not to reproduce, modify, rent, lease, loan, sell, distribute or create derivative works based on, all or any part of the Site or Services or any information or materials made available through the Site.

2. Links. You may not establish a link to this Site without the express written consent authorized officers of KMD. The Site may provide links to other web sites and online resources.  Because KMD has no control over such sites and resources, you acknowledge and agree that KMD and its employees, officers, directors, shareholders, affiliates, agents, representatives, licensors, suppliers and service providers (“Affiliated Entities”) are not responsible for the availability of such external sites or resources, and KMD and its Affiliated Entities neither endorse nor are responsible or liable for any content, advertising, products or other materials on or available through such sites or resources.  Other web sites may provide links to the Site with or without KMD’s authorization.  You acknowledge and agree that KMD and the Affiliated Entities are not and shall not be responsible or liable for any links from those sites to the Site, any content, advertising, products or other materials available on or through such other sites, or any loss or damages incurred in connection therewith. YOU AGREE THAT YOUR USE OF THIRD PARTY WEB SITES AND RESOURCES, INCLUDING WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEB SITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES. Further, KMD shall have the right, at any time and in its sole discretion, to block links to the Site through technological or other means without prior notice.

3.    Rules of Conduct.  While using the Site you will comply with all applicable laws, rules and regulations. In addition, KMD expects users of the Site to respect the rights and dignity of others. Your use of the Site is conditioned on your compliance with the rules of conduct set forth in this section. Your failure to comply with such rules may result in termination of your access to the Site under this Agreement. You agree to the following:

Posting and Communication Restrictions. You will not post, transmit, or otherwise make available, through or in connection with the Site or through the Services:

  • Anything that is or may be (a) threatening, harassing, degrading, hateful or intimidating; (b) defamatory; (c) fraudulent or tortious; (d) obscene, indecent, pornographic or otherwise objectionable; or (e) protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express prior consent of the owner of such right.
  • Any material that would give rise to criminal or civil liability; that encourages conduct that constitutes a criminal offense; that promotes gambling; or that encourages or provides instructional information about illegal activities or activities such as “hacking,” “cracking,” or “phreaking.”
  • Any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.
  • Any unsolicited or unauthorized advertising, promotional material, “junk mail,” “spam,” “chain letter,” “pyramid scheme” or investment opportunity, or any other form of solicitation.con
  • Any material, non-public information about a company without the proper authorization to do so.

Use Restrictions. You will not:

  • Use the Site for any fraudulent or unlawful purpose.
  • Use the Site to defame abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others’ privacy rights or rights of publicity, or harvest or collect personally identifiable information about other users of the Site.
  • Use the Site to impersonate any person or entity, including without limitation any of its representatives; falsely state or otherwise misrepresent your affiliation with any person or entity; or express or imply that KMD endorses any statement or posting you make.
  • Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available; or violate any requirements, procedures, policies or regulations of such networks.
  • Restrict or inhibit any other person from using the Site (including without limitation by hacking or defacing any portion of the Site).
  • Use the Site to advertise or offer to sell or buy any goods or services without its express prior written consent.
  • Reproduce, copy, modify, adapt, translate, sell, resell, make available, link to or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site or any portion thereof, including its Services.
  • Reverse engineer, decompile or disassemble any portion of the Site, except where such restriction is expressly prohibited by applicable law.
  • Remove any copyright, trademark or other proprietary rights notice from the Site or materials originating from the Site.
  • Frame or mirror any part of the Site without its express prior written consent.
  • Create a database by systematically downloading and storing Site content.
  • Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way gather Site content or reproduce or circumvent the navigational structure or presentation of the Site without its express prior written consent. Notwithstanding the foregoing, KMD grants the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. KMD reserves the right to revoke these exceptions either generally or in specific cases.

Additionally, you acknowledge and agree that you (and not KMD) are responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment, and services needed to access and use the Site, and paying all charges related thereto.

4. Accuracy. While making reasonable efforts to ensure that all information in this Site is accurate and up to date, KMD makes no representation or warranty of the accuracy, reliability, or completeness of the information.

5. Donations. The Site may include functionality that allows you to make a donation or contribution to KMD. If you wish to make a donation or contribution to KMD (each such donation a “Transaction”), please note that KMD uses a third-party service provider (the “Third Party Payment Service”) to handle donations made by credit card and other payment transactions submitted to our Site. If you wish to make a donation through the Site, you will be directed to a webpage that is hosted by the Third Party Payment Service (or its service providers) and not by KMD (the “Third Party Payment Service Page”). Please refer to the Privacy Policy (as defined below) for a complete discussion regarding the privacy issues related to the Third Party Payment Service and Third Party Payment Service Page.

6. Registration; User Names and Passwords.  You may be required to register with KMD in order to access certain Services or areas of the Site.  With respect to any such registration, KMD may refuse to grant you, and you may not use, a user name (or e-mail address) that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that personally identifies you; that violates the intellectual property or other rights of any person; that is offensive; or that KMD rejects for any other reason in KMD’s sole discretion.

Your user name and password are for your personal use only, and not for use by any other person.  You are responsible for maintaining the confidentiality of any password you may use to access the Site, and agree not to transfer your password or user name, or lend or otherwise transfer your use of or access to the Site, to any third party.  You are fully responsible for all interaction with the Site that occurs in connection with your password or user name (including, without limitation, all Transactions).  You agree to immediately notify KMD of any unauthorized use of your password or user name or any other breach of security related to your account or the Site, and to ensure that you “log off”/exit from your account with the Site (if applicable) at the end of each session.  KMD is not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.

7. Forums.  KMD and/or its service providers may make available through the Site Services to which you are able to post information and materials (each, a “Forum”).

Information contained in the Forums may be provided by employees of KMD and the Affiliated Entities as well as by third party visitors to the Site.  Please note that Site visitors may post messages or make statements in the Forums that are inaccurate, misleading or deceptive.  KMD and the Affiliated Entities neither endorse nor are responsible for any opinion, advice, information or statements made in the Forums by third parties.  Without limitation, KMD and the Affiliated Entities are not responsible for any information or materials made available through the Forums (including without limitation errors or omissions in Forum postings or links or images embedded in Forum messages) or results obtained by using any such information or materials.  Under no circumstances will KMD or Affiliated Entities be liable for any loss or damage caused by your reliance on such information or materials.  The opinions expressed in the Forums reflect solely the opinions of the individuals who submitted such opinions, and may not reflect the opinions of KMD.

In addition, KMD and the Affiliated Entities have no control over, and shall have no liability for, any damages resulting from the use (including without limitation republication) or misuse by any third party of information voluntarily made public through a Forum or any other part of the Site.  IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE IN A FORUM OR OTHERWISE ON THE SITE, YOU DO SO AT YOUR OWN RISK.

8. Submissions. You retain ownership of any information, content and/or materials you submit to the Site, through electronic mail, a Forum or otherwise, including, without limitation, any data, questions, comments, suggestions, stories, ideas, concepts, know-how, techniques or the like, you submit to the Site (each, a “Submission”). You hereby grant to KMD and its service providers and designees a worldwide, non-exclusive, transferable, sub-licenseable through multiple tiers, fully-paid up and royalty-free, perpetual and irrevocable right and license to reproduce, distribute, adapt, create derivative works of, transmit, publicly display and publicly perform and otherwise make, have made, use, have used, import, have imported, sell, have sold, offer for sale, have offered for sale, exploit, and have exploited each such Submission, in any media now known or hereafter developed.

For each Submission, you represent and warrant that you have all rights necessary for you to grant the licenses granted in this section, and that such Submission, and your provision thereof to and through the Site, complies with all applicable laws, rules and regulations. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding each Submission that you may have under any applicable law under any legal theory. KMD requests this waiver to help ensure that it has all the rights it may need to provide the Services available through the Site.

The terms and conditions of this Agreement apply to all Submissions and shall govern irrespective of whether a Submission is sent via SMS, MMS or email. For purposes of clarity, your sending of a Submission via SMS, MMS or email constitutes your agreement to the terms and conditions of this Agreement.

9. Promotions.  In addition to the terms and conditions of this Agreement, any contests, sweepstakes, surveys, games or similar promotions (collectively, “Promotions”) made available through the Site may be governed by specific rules that are separate from this Agreement.  By participating in any such Promotion, you will become subject to those rules, which may vary from the terms and conditions set forth herein.  Company urges you to review any specific rules applicable to a particular Promotion, which will be linked from such Promotion, and to review our Privacy Policy which, in addition to this Agreement, governs any information you submit in connection with such activities.  To the extent that the terms and conditions of such rules conflict with this Agreement, the terms and conditions of such rules shall control.

10. Monitoring. You acknowledge and agree that (a) KMD reserves the right (but has no obligation) to do any or all of the following, at its discretion: (i) monitor Submissions; (ii) alter, remove, or refuse to post or allow to be posted any Submission; and/or (iii) disclose any Submissions, and the circumstances surrounding their transmission, to any third party in order to operate the Site; to protect KMD and the Site’s users and visitors; to comply with legal obligations or governmental requests; to enforce this Agreement; or for any other reason or purpose.

11. Specific Disclaimer Concerning Medical Information. The information provided in this Site is intended for general informational purposes only. It is not a substitute for medical advice and is not intended to provide complete medical information. KMD DOES NOT OFFER PERSONALIZED MEDICAL DIAGNOSIS OR PATIENT-SPECIFIC TREATMENT ADVICE. All medical information presented should be discussed with your healthcare professional. Remember, the failure to seek timely medical advice can have serious ramifications. KMD urges you to discuss any current health related problems you are experiencing with a healthcare professional immediately.  KMD does not respond to any questions concerning specific medical conditions. If you transmit such information, while KMD will not intentionally release it or make it public, KMD cannot assure you that the information will be kept private.  KMD URGES YOU TO REFRAIN FROM SENDING SUCH INFORMATION BY EMAIL.

12. Exclusion of Warranty. THE SITE AND ANY GOODS OR SERVICES MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE SITE ARE PROVIDED TO YOU “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY.  YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SITE, INCLUDING WITHOUT LIMITATION, ANY RELIANCE ON THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY MATERIALS AVAILABLE THROUGH THE SITE.  KMD AND THE AFFILIATED ENTITIES DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SITE AND ANY PRODUCT OR SERVICE (INCLUDING WITHOUT LIMITATION, THIRD PARTY PRODUCTS AND SERVICES) OBTAINED THROUGH THE SITE, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND TITLE.

13. Limitation of Liability. USE OF THIS WEBSITE IS AT YOUR OWN, SOLE RISK.  KMD AND THE AFFILIATED ENTITIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, USE, DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SITE, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES.  IN PARTICULAR, AND WITHOUT LIMITATION, KMD AND THE AFFILIATED ENTITIES WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITE OR FROM ANY CONTENT POSTED ON THE SITE BY KMD OR ANY THIRD PARTY.  YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE.  THE MAXIMUM LIABILITY OF KMD FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO KMD TO ACCESS AND USE THE SITE.

14.    Indemnity.  You agree to defend, indemnify and hold harmless KMD and the Affiliated Entities from and against all claims, losses, costs and expenses (including attorneys’ fees) arising out of or relating to (a) your use of, or activities in connection with, the Site; or (b) any violation of this Agreement by you.

15. Privacy. KMD refers you to its Privacy Policy, which is located at www.kidsmisdiagnosed.org/privacy-policy (the “Privacy Policy”), which is hereby incorporated into this Agreement by this reference, for a complete discussion of how KMD utilizes information you communicate via its Site. Your submission of information through the Site is governed by the Privacy Policy. You represent and warrant that any information you provide in connection with your use of the Site is and shall remain true, accurate, and complete, and that you will maintain and update such information regularly.  You agree that if any information you provide is false, inaccurate, obsolete or incomplete, KMD may terminate your use of the Site and/or any of the Services.

16. Trademarks.  The trade names, trademarks and service marks owned by KMD, whether registered or unregistered, may not be used in connection with any product or service that is not Med360’s, in any manner that is likely to cause confusion.  Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of KMD’s trade names, trademarks or service marks without its express prior written consent.

17. Export Control. The Site is controlled and operated by KMD from the United States, and is not intended to subject KMD to the laws or jurisdiction of any state, country or territory other than that of the United States.  KMD does not represent or warrant that the Site or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States.  In choosing to access the Site, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations.  You are also subject to United States export controls and are responsible for any violations of such controls, including any United States embargoes or other federal rules and regulations restricting exports.  Software and other materials from this Site may be subject to United States export control. For example, the export control laws of the United States prohibit exporting certain technical data and software to certain territories and no software from this Site may be downloaded or exported (1) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods and if additional countries are added to the United States embargo they will be considered subject to this restriction; or (2) to anyone on the U.S. Treasury Department’s list of specially designated nationals, or the U.S. Commerce Department’s table of deny-orders. For purposes of clarity, KMD does not authorize the downloading or exporting of any software or technical data from this Site to any prohibited jurisdiction under the United States export laws. KMD may limit the Site’s availability, in whole or in part, to any person, geographic area or jurisdiction it chooses, at any time and in its sole discretion.

18. Revisions. KMD reserves the right to update or make changes to this Agreement from time to time in its sole discretion, which changes it may provide to you by any reasonable means, including without limitation, by posting the revised version of this Agreement on the Site.  You can determine when this Agreement was last revised by referring to the “LAST UPDATED” legend at the top of this Agreement.  When using any Services, you agree that you are subject to any additional posted guidelines, rules, terms and conditions applicable to such Services, which are hereby incorporated by reference into this Agreement. KMD reserves the right, at any time and from time to time, temporarily or permanently, in whole or in part, to:  modify or discontinue the Site, with or without notice; charge fees in connection with the use of the Site; modify and/or waive any fees charged in connection with the Site; and/or offer opportunities to some or all users of the Site.  You agree that neither KMD nor any of its Affiliated Entities shall be liable to you or to any third party for any modification, suspension or discontinuance of the Site, in whole or in part, or of any Service, content, feature or product offered through the Site.  Your continued use of the Site after such changes will indicate your acceptance of such changes.

19. Termination.  This Agreement is effective until terminated.  KMD, in its sole discretion, may terminate this Agreement (and your access to or use of the Site), at any time and for any reason, including, without limitation, for any conduct that KMD considers to be inappropriate, or for your actual or suspected breach of this Agreement.

You agree that KMD and the Affiliated Entities shall not be liable to you or any third party for any termination of your access to the Site.  Sections 2, 4-8, 10-20, and 22-26 shall survive any termination of this Agreement.

20. Disputes. This agreement is governed by the laws of Florida, regardless of conflicts of laws. The United States  Federal District court of the of Middle District of Florida shall be the exclusive jurisdiction and venue for any claim between the parties, and you hereby agree to waive any jurisdictional, venue or inconvenient forum objections to such courts.

21. Contact KMD.  If you have any questions regarding the meaning of application of this Agreement, please direct such questions to info@kidsmisdianosed.com.  Please note that e-mail communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your e-mail correspondence with KMD.

22. Filtering.  Pursuant to 47 U.S.C. Section 230(d) as amended, KMD hereby notifies you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors

You may also contact KMD at info@KidsMisdiagnosed.com.

24. Ability to Enter Into This Agreement.  By using the Site, you affirm that you are of legal age to enter into this Agreement or, if you are not, that you have obtained parental or guardian consent to enter into this Agreement.

25. Claims of Copyright Infringement.  The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law.  If you believe in good faith that materials available on the Site infringe your copyright, you (or your agent) may send KMD a notice requesting that KMD remove the material or block access to it.  If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send KMD a counter-notice.  Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://copyright.gov/for details.  Notices and counter-notices should be sent to:  Legal Affairs, Kids Misdiagnosed, info@kidsmisdiagnosed.com. KMD suggests that you consult your legal advisor before filing a notice or counter-notice.

26. Miscellaneous.  This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and KMD.  If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision.  You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without its express prior written consent.  KMD may assign, transfer or sublicense any or all of its rights or obligations under this Agreement without restriction.  No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default.  Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.  This, together with all policies referred to herein, is the entire Agreement between you and KMD relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and KMD relating to such subject matter.  Notices to you may be made via posting to the Site, by e-mail, or by regular mail, in KMD′s discretion.  The Site may also provide notices of changes to this Agreement or other matters by displaying such notices or by providing links to such notices.  Without limitation, you agree that a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.  KMD will not be responsible for failures to fulfill any obligations due to causes beyond its control.

Site © 2014 KidsMisdiagnosed, Inc unless otherwise noted.  All rights reserved.

 

 

KidsMisdiagnosed, Inc

Privacy Policy

KidsMisdiagnosed, Inc (“KMD”) is a non-profit company that addresses the problem of incorrect diagnoses in children by offering information on the topic in hopes to enlighten parents as to various avenues available to seek out other information.

Privacy policy

The purpose of this privacy policy is to explain how we process personally identifiable information (”Personal Information”) that we collect from you, or that you provide to us, when you visit our website, www.kidsmisdiagnosed.org (the “Site”).  Please read the following carefully to understand our views and practices regarding this Personal Information and how we will treat it.

What Personal Information do we collect?
Personal Information is information that identifies you as an individual, such as:

  • Name
  • Telephone number
  • Email address

We collect Personal Information from you when you request products or services from us, subscribe to our newsletter, respond to a survey, respond to an employment opportunity, or fill out a form (such as to contact us or to share your personal health story with us).

We may use Personal Information that we collect about you to:

  • Respond to your request for information, such as to send you newsletters
  • Deliver the products or services you have requested, or process your donation or other transaction with us
  • Obtain your feedback on our products and services
  • In connection with a job application or inquiry
  • Perform business analyses or other activities to improve the quality of our business and the products and services we offer, or to enhance your online experience
  • To send you periodic emails regarding the Site, changes to our terms, conditions, and policies and/or other administrative information
  • To send you periodic emails about KMD news, updates, and related product or service information
  • As we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities including public and government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain.

How do we disclose Personal Information?
Your Personal Information may be disclosed:

  • To our third-party service providers who assist us in operating our website, conducting our business, or servicing you.
  • To our affiliates for the purposes described in this policy, including to allow them to send you information about products and services that may be of interest to you.
  • By you, when you permit us to share your personal health story that you submit through the Site, or through other feature of the Site to which you are able to post information and materials.  Please note that any information and materials that you post or disclose through these services may become public information and may be available to visitors to the Site and to the general public.  We urge you to be very careful when deciding to disclose your Personal Information, or any other information, on the Site.
  • To a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings).
  • As we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities including public and government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain.

Security of your information
KMD is committed to protecting the security of your Personal Information.  We seek to use reasonable organizational, technical and administrative measures to help protect your Information from unauthorized access, use, or disclosure.  Unfortunately, no data transmission over the Internet or data storage system can be guaranteed to be 100% secure.  If you have reason to believe that your interaction with us is no longer secure, please immediately notify us of the problem by contacting us in accordance with the “Contacting Us” section below.

What Other Information do we collect?
“Other Information” is any information that does not reveal your specific identity or does not directly relate to an individual, such as:

  • Browser information
  • Server log files
  • Information collected through cookies, pixel tags and other technologies
  • Demographic information and other information provided by you
  • Aggregated information

How do we collect Other Information?
We and our third party service providers may collect Other Information in a variety of ways, including:

  • Through your browser: Certain information is collected by most browsers, such as your Media Access Control (MAC) address, computer type (Windows or Macintosh), screen resolution, operating system version and Internet browser type and version.
  • Through server log files:  An Internet Protocol (IP) address is a number that is automatically assigned to the computer that you are using by your Internet Service Provider (ISP), and is identified and logged automatically in our server log files whenever a user visits the Site, along with the time of the visit and the page(s) that were visited.  We use IP addresses for purposes such as calculating Site usage levels, helping diagnose server problems, and administering the Site.
  • Using cookies:  Cookies are small files that a site or its service provider stores to your computer’s hard drive through your Web browser, if you allow that enables the sites or service providers systems to recognize your browser and capture and remember certain information.  We and our third-party service providers use cookies and other technologies to, among other things, better serve you with more tailored information and facilitate your ongoing access to and use of the Site, as well as for online tracking purposes.  If you prefer, you can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies via your browser settings. Like most websites, if you turn your cookies off, some of our services may not function properly.
  • Using Local Stored Objects:  We and our third-party service providers may use Flash Local Storage Objects in certain situations, including to recognize you.
  • Using pixel tags and other similar technologies:  Pixel tags (also known as web beacons and clear GIFs) may be used in connection with some Site pages and HTML-formatted email messages to, among other things, track the actions of Site users and email recipients, measure the success of our marketing campaigns and compile statistics about Site usage and response rates.
  • From you:  We may collect demographic information such as your location, as well as other information, such as your preferred means of communication, when you voluntarily provide this information to us.  Unless combined with Personal Information, this information does not personally identify you or any other user of the Site.
  • By aggregating information:  We may aggregate Personal Information so that the end product does not personally identify you or any other user of the Site, for example, by using Personal Information to calculate the percentage of our users who have a particular telephone area code.  Aggregated Personal Information does not personally identify you or any other user of the Site.

How we use and disclose Other Information
Because Other Information does not personally identify you, we may use and disclose Other Information for any purpose.  In some instances, we may combine Other Information with Personal Information (such as combining your name with your state of residence).  If we combine any Other Information with Personal Information, the combined information will be treated by us as Personal Information as long as it is combined.

Donations and payments
We use a third-party service provider (the “Third Party Payment Service”) to handle donations made by credit card and other payment transactions submitted to our Site. If you wish to make a donation through the Site, you will be directed to a webpage that is hosted by the Payment Service (or its service providers) and not by us (the “Third Party Payment Service Page”). Any Personal Information that you provide through the Third Party Payment Service Page will be collected by the Third Party Payment Service rather than by us, and will be subject to the Third Party Payment Service’s privacy policy rather than this Policy.  Please note that this policy does not address the collection and use of information through the Third Party Payment Service Page or the privacy or information practices of the Third Party Payment Service.  We have no control over, and shall not be responsible for, the Third Party Payment Service’s use of information collected through the Third Party Payment Service Page.

Your choices regarding our use and disclosure of your Personal Information
We give you many choices regarding our use and disclosure of your Personal Information for marketing purposes.  You may opt out from:

  • Receiving marketing-related emails from us:  If you no longer want to receive marketing-related emails from us on a going-forward basis, you may opt out of receiving these marketing-related emails by following the instructions included in email communications from us.
  • Our sharing of your Personal Information with affiliates for their marketing purposes:  If you would prefer that we do not share your Personal Information on a going-forward basis with our affiliates for their marketing purposes, you may opt out of this sharing by notifying us via email at info@kidsmisdiagnosed.com or by completing the “Contact Us” form on the Site.

We will try to comply with your request(s) as soon as reasonably practicable.  Please note that if you opt out as described above, we will not be able to remove your Personal Information from the databases of third parties with which we have already shared your Personal Information (i.e., to which we have already provided your Personal Information as of the date that we implement your opt-out request).  Please also note that if you do opt out of receiving marketing-related messages from us, we may still send important administrative messages to you, and you cannot opt out from receiving administrative messages.

How you may access or change your Personal Information
If you would like to review or update your Personal Information that has been previously provided to us, you may contact us by email at info@kidsmisdiagnosed.com or by completing the “Contact Us” form on the Site.

In your request, please make clear what information you would like to have changed.  We will try to comply with your request as soon as reasonably practicable.  We are not responsible for changing information from the databases of third parties.

Third-party links
Occasionally, we may link to the websites of third parties on our Site.  This Privacy Policy does not address, and we are not responsible for, the privacy, information or other practices of any third parties, including any third party operating any site to which this Site contains a link.  The inclusion of a link on the Site does not imply endorsement of the linked site by us or by our affiliates.

Use of site by minors
The Site is not directed to individuals under the age of thirteen (13), and we request that these individuals do not provide Personal Information through the Site.

Jurisdictional issues
The Site is controlled and operated by us from the United States and is not intended to subject us to the laws or jurisdiction of any state, country or territory other than that of the United States.

Updates to our privacy policy
We may change this Privacy Policy from time to time.  Any changes to this Privacy Policy will become effective when we post the revised Privacy Policy on the Site.  Your use of the Site following these changes means that you accept the revised Privacy Policy.

Contacting us
If there are any questions regarding this privacy policy you may contact us using the information below.

KidsMisdiagnosed, Inc
info@kidsmisdiagnosed.com

Please note that email communications are not always secure; so please do not include credit card information or other sensitive information in your email messages to us.

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The information provided in this site is intended for general informational purposes only. It is not a substitute for medical advice and is not intended to provide complete medical information. KidsMisdiagnosed, Inc does not offer personalized medical diagnosis of patient-specific treatment advice. All medical information presented should be discussed with your healthcare professional. Remember, the failure to seek timely medical advice can have serious ramifications. KidsMisdiagnosed, Inc urges you to discuss any current health related problems you or your child are experiencing with a healthcare professional immediately.