Terms of Use

NOTICE: This website is provided by Child Mind Institute, Inc. and Child Mind Medical Practice, PLLC (together, “CMI”) subject to your agreement to comply with these “Terms of Use” and our “Privacy Policy.” Please read them both now and check for future modifications.

Introduction
CMI is pleased to provide you with this website for your personal education, but nothing on this site constitutes a recommendation for medical care, nor does the CMI make a warranty of any kind in terms of the information’s appropriateness for individual online users.

  1. Copyright, Copying, and Trademark

The entire CMI website is copyrighted 2016 by CMI. All rights reserved. If you find these materials useful, you may download information, print out text, or send copies to others as long as each copy includes the appropriate copyright notice and is meant only for personal use. It is expressly prohibited, however, to reprint or electronically reproduce any text, document, graphic, or audio or visual material for bulk or commercial use. For special copyright permissions, or to purchase CMI publications and pamphlets, please write to Child Mind Institute, 445 Park Avenue, New York, NY 10022.

Child Mind Institute and its logo of nested profiles are service marks of the CMI.

  1. Disclaimer of Endorsement

The information posted on this website includes information copyrighted by others, as well as hypertext links or pointers to or search or locator engines that will lead to other websites, including web pages within www.childmind.org. These linked websites are developed and maintained independently of CMI and are not a part of the CMI website. When users leave the CMI website and travel to a third-party website or webpage, they become subject to different terms of use and privacy policies. CMI does not control or guarantee the accuracy, relevance, timeliness, or completeness of any third-party information contained on the CMI web pages or any information found on a linked website, nor does CMI endorse the views expressed or products or services offered by any third-party information or linked websites.

  1. Children’s Privacy

We are committed to protecting the privacy of children. You should be aware that this site is not intended or designed to attract children under the age of 13. We do not collect personally identifiable information from any person we actually know is a child under the age of 13.

  1. Information Obtained through the CMI Website Does Not Constitute Medical, Legal, or Other Professional Advice

THE INFORMATION CONTAINED IN THIS WEBSITE OR TRANSMITTED TO YOU ELECTRONICALLY IN RESPONSE TO A MESSAGE FROM YOU IS NOT INTENDED NOR IMPLIED TO CONSTITUTE MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS VISIT OR SPEAK TO A QUALIFIED HEALTH SERVICE PROVIDER IN PERSON PRIOR TO STARTING ANY NEW TREATMENT OR WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. THIS CMI WEB SITE DOES NOT DIRECTLY OR INDIRECTLY PRACTICE MEDICINE OR DISPENSE MEDICAL ADVICE AS PART OF THIS SERVICE.

IN ADDITION, NOTHING CONTAINED IN THIS CMI WEBSITE IS INTENDED TO BE OR CONSTITUTES LEGAL ADVICE, AND USERS SHOULD ALWAYS SEEK THE ADVICE OF AN APPROPRIATE ATTORNEY OR OTHER PROFESSIONAL REGARDING INDIVIDUAL QUESTIONS OR CONCERNS OF A LEGAL OR PROFESSIONAL NATURE.

  1. Disclaimer of Warranty and Liability

CMI ASSUMES NO LIABILITY FOR ANY DIAGNOSIS, TREATMENT, DECISION MADE, OR ACTION TAKEN IN RELIANCE UPON INFORMATION CONTAINED IN THE CMI WEBSITE OR ANY OTHER INTERNET SITES LINKED TO IT IN ANY WAY. CMI DOES NOT ASSUME ANY RESPONSIBILITY OR RISK FOR YOUR USE OF THE CMI WEBSITE OR THE INTERNET.

Furthermore, CMI does not make any express or implied warranties, representations, or endorsements whatsoever in connection with the CMI website, other websites accessed by “hyperlink,” or the Internet generally (including, without limitation, warranties of title or noninfringement or the implied warranties of merchantability or fitness for a particular purpose). You understand that, except for information, products, or services clearly identified as being supplied by CMI, CMI does not review, operate or control any material, information, products, or services on www.childmind.org pages or on the internet in any way, including electronic transmissions from users or materials connected to the CMI website through “hyperlinks.”

Unless stated otherwise, all the people shown in the photographs on www.childmind.org are models. Their photos were chosen solely for aesthetic reasons. Other than that, the people in these pictures have no connection to CMI or any of the topics discussed on the website.

In no event shall CMI be liable for any injury, loss, claim, damage, or any incidental or consequential damages arising either directly or indirectly out of or in any way connected with the CMI website, or any failure or delay in updating or including any materials on the CMI website, or any use of or inability to use any materials on the CMI website, even if CMI has been advised of the possibility of such damages. (Some states do not allow the exclusion of implied warranties or the limitation or exclusion of liability for incidental and consequential damages, so the above exclusions may not apply to you.)

  1. Waiver of Responsibility for Defective or Contaminated Materials

Although CMI makes every effort to ensure the correctness of data, CMI disclaims responsibility for any errors or omissions, such as unintended technical inaccuracies or typographical errors, in the materials. You also understand that CMI cannot and does not guarantee or warrant that files available for downloading through the service will be free of “infection” or “viruses,” “worms,” “Trojan horses,” or other code that manifests contaminating or destructive properties. Users are responsible for implementing sufficient procedures and checkpoints to satisfy their particular requirements for accuracy of data input and output, and for maintaining a means external to the CMI website for the reconstruction of any lost data. Use of the CMI website and the internet generally is at the user’s own risk.

  1. CMI Community and Member to Member Areas (“Public Areas”)

If you use Public Areas, such as message boards, blogs or forums, if any, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Public Areas.

CMI and its licensors are not responsible for the consequences of any communications in the Public Areas. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or 911 immediately.

In consideration of being allowed to use the Public Areas, you agree that the following actions shall constitute a material breach of these Terms of Use:

  1. Using a Public Area for any purpose in violation of local, state, national or international laws
  2. Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others
  3. Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful or embarrassing to any other person or entity as determined by CMI in its sole discretion
  4. Posting advertisements or solicitations of business
  5. After receiving a warning, continuing to disrupt the normal flow of dialogue or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form)
  6. Posting chain letters or pyramid schemes
  7. Impersonating another person
  8. Distributing viruses or other harmful computer code
  9. Harvesting or otherwise collecting information about others, including e-mail addresses, without their identification for posting or viewing comments consent
  10. Allowing any other person or entity to use your identification for posting or viewing comments
  11. Posting the same note more than once or “spamming”
  12. Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Public Area or the site, or which, in the judgment of CMI, exposes CMI or any of its customers or suppliers to any liability or detriment of any type.

CMI Reserves the Right (but Is Not Obligated) to Do Any or All of the Following:

  1. Record the dialogue in public chat rooms.
  2. Investigate an allegation that a communication(s) does not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s).
  3. Remove communications that are abusive, illegal or disruptive or that otherwise fail to conform with these Terms of Use.
  4. Terminate a user’s access to any or all Public Areas and/or the CMI site upon any breach of these Terms of Use.
  5. Monitor, edit or disclose any communication in the Public Areas.
  6. Edit or delete any communication(s) posted on the CMI site, regardless of whether such communication(s) violate these standards.

CMI or its licensors have no liability or responsibility to users of the CMI site or any other person or entity for performance or nonperformance of the aforementioned activities.

  1. Legal Actions

These Terms of Use shall be governed by and construed in accordance with the laws of the state of New York, U.S.A., and you agree to submit to the personal jurisdiction of the courts of the state of New York. In the event that any portion of these Terms of Use is deemed by a court to be invalid, the remaining provisions shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Web site, or the use of this website, must be filed within one year after such claim or cause of action arose and must be filed in a court in New York, New York, U.S.A.

  1. User Rules

In order to maintain an informative and valuable service that meets the needs of the users and avoids harm to others, it is necessary to establish and for you to follow these User Rules:

  1. THE USER MAY DOWNLOAD, PRINT, OR TRANSMIT INFORMATION FROM THE CMI WEBSITE FOR PERSONAL, PRIVATE USE. HOWEVER, THE USER MUST MAKE SURE THAT PROPER COPYRIGHT NOTICE IS AFFIXED TO EACH COPY TRANSMITTED OR PRINTED, AND IN NO CASE MAY THE MATERIALS BE REPRODUCED IN BULK OR FOR COMMERCIAL USE WITHOUT EXPRESS, WRITTEN PERMISSION FROM CMI COMMUNICATIONS DIVISION, 445 PARK AVENUE, NEW YORK, NY 10022.
  2. The user may not post or transmit any message that is libelous or defamatory or that violates any other person’s copyrights, privacy rights, trademarks, trade secrets or rights in other confidential information. The user indemnifies CMI for any and all damages suffered by third parties as a result of the user’s violation of this term.
  3. The user may not post or transmit any message, data, image or program with the intent to threaten the safety of others and/or with the effect of causing a reasonable person to perceive a threat to his or her safety.
  4. It is not the intent to discourage the user from taking controversial positions or expressing vigorously what may be unpopular views; however, CMI reserves the right to take such action as it deems appropriate in cases where the CMI website is inappropriately used to disseminate statements or materials that are reasonably construed as abusive, destructive, harmful or threatening to the safety of others.
  5. The user may not interfere with other users’ use of the CMI website, including, without limitation, disrupting the normal flow or use of the service.
  6. The user may not post or transmit any file that contains “viruses,” “worms,” “Trojan horses” or any other contaminating or destructive features.
  7. It is our general policy to protect the privacy of the persons transmitting any messages to CMI. However, CMI reserves the right to reproduce and distribute part or all of a message without any compensation to the user as long as any identifying information is deleted.

We reserve the right to remove any information that is posted in violation of these Terms of Use and to suspend any registered user accounts for persons who violate these terms and conditions.

  1. Digital Millennium Copyright Act Notices

As required by Section 512(c)(2) of Title 17 of the United States Code, if you believe that any material on the CMI website infringes your copyright, you must send a notice of claimed infringement to CMI’s Designated Agent at the following address:

Name of Agent Designated to Receive Notification of Claimed Infringement: Elizabeth Planet

Full Address of Designated Agent to Which Notification Should Be Sent: Child Mind Institute, 445 Park Avenue, New York, NY 10022.

Telephone Number of Designated Agent: 212.308.3118

Facsimile Number of Designated Agent: 212.217.3736

E-mail Address of Designated Agent: info@childmind.org

To be effective, Section 512(c)(3)(A) of Title 17 of the United States Code requires that your notification of claimed infringement be a written communication and that it include each of the following elements:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

A description of the copyrighted work claimed to have been infringed or, if more than one work is covered by the notice of claimed infringement, a description of each work.

A description of the infringing activity or of the work that is claimed to be infringing and information about the location on this website (or, if the infringing information is located on another website linked to through this website, information about the location of the link or reference on this Web site) where the alleged infringement is occurring that is reasonably sufficient to allow us to locate the infringing material.

Sufficient information to allow us to contact you, including your name, address, telephone number and, if available, e-mail address.

A statement by you that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.

A statement by you that the information in the notice of claimed infringement is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

  1. Complete Agreement

Except as expressly provided in a particular “legal notice” on the CMI site, these Terms of Use and the CMI Privacy Policy constitute the entire agreement between you and the Institute with respect to the use of the Child Mind Institute website and content.

Thank you for your cooperation. We hope you find the Child Mind Institute website helpful and convenient to use! Questions or comments regarding the CMI website, including any reports of nonfunctioning links, should be directed by email to info@childmind.org  or by U.S. mail to the Child Mind Institute, 445 Park Avenue, New York, NY 10022. We try to answer every email in a timely manner but due to volume may not always be able to do so.