A Child\u2019s Hope Foundation is a 501(c)3 non-profit, headquartered at 472 W 800 N, Orem, UT, 84057 USA. Our mission is to ensure that orphans and vulnerable children are raised in families where their care providers are equipped with skills, resources and community in order to heal and improve the trajectory of children\u2019s lives. To further our mission, the Thrive Assessment was developed to help increase the standard of care for children living in a variety of residential care facilities.<\/span><\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t This User Agreement (\u201cAgreement\u201d), effective as of the Effective Date, is entered into by and between you, the user and A Child\u2019s Hope Foundation (also referred to as \u201cwe\u201d and \u201cus\u201d). This Agreement governs your access to and use of the Thrive Assessment. By accessing or using the Thrive Assessment, you are entering into a legally binding contract with us and agree to the terms of this Agreement. If you disagree with the terms of this Agreement or do not wish to enter into a legally binding contract, do not access or otherwise use the Thrive Assessment.\u00a0<\/span><\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t We may amend or modify this Agreement from time to time. We will provide you with notice of the updated Agreement by email or by updating the Effective Date of this Agreement. It is your responsibility to review the terms of this Agreement prior to each access or use of the Thrive Assessment. Your continued access or use of the Thrive Assessment constitutes consent to the updated terms. If any future amendments or modifications of this Agreement are unacceptable to you, you may discontinue your use of the Thrive Assessment.\u00a0\u00a0<\/span><\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t To use the Thrive Assessment, you agree that: (1) you are of the age of majority in your jurisdiction and are capable of entering into legally binding contracts; (2) the information you provide to us, including but not limited to your name and email address, is true and accurate; (3) you are associated with, an agent of, employed by, volunteer at, or are otherwise affiliated with a \u201cQualified Organization\u201d; and (4) you are duly authorized to act on behalf of the \u201cQualified Organization.\u201d<\/span><\/p> \u201cQualified Organization\u201d means any organization, institution, asylum, home, or residential facility dedicated to providing care or custody for orphaned children during the term of their minority.<\/span><\/p> We may use the information you provide to us to contact you (e.g., email, phone number, physical address, etc.). You agree to such contact and agree to keep your contact information up to date.<\/span><\/p> You agree to provide us with annual feedback via a brief online survey which includes, but is not limited to, disclosing how the Thrive Assessment was used and the effectiveness of the Thrive Assessment.<\/span><\/p> You agree that you will not imply or hold yourself out to be affiliated with or endorsed by A Child\u2019s Hope Foundation without our express consent.<\/span><\/p> You agree that you will not use the Thrive Assessment to do anything that is unlawful, misleading, discriminatory, or fraudulent.<\/span><\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t We hereby grant you a worldwide, royalty-free license to use and share The Thrive Assessment made available on this site under the terms of the Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International (CC BY-NC-SA 4.0) license. By accessing or using the Thrive Assessment, you agree to comply with the terms of this license. In addition to the terms of the CC BY-NC-SA 4.0 license, you also agree to the supplemental license terms, below:<\/span><\/p> You hereby grant us a worldwide, royalty-free license to use, share, and adapt the modified Thrive Assessment and any related materials under the terms of the CC BY-NC-SA 4.0 license and without additional stipulations and requirements.<\/span><\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t The terms of this Agreement begin at the Effective Date and extend in perpetuity until terminated by either party. Either party may terminate this Agreement at any time without notice to the other. Upon termination of this Agreement, you agree to immediately stop using the Thrive Assessment and all related material. Notwithstanding the foregoing, the following shall survive termination:<\/span><\/p> You acknowledge and agree that you are not obtaining any rights in, or to use, any intellectual property related to the Thrive Assessment, and that, except as specified herein, you are not obtaining any rights in or licenses to use any of our trademarks, logos, or trade names. You further acknowledge and agree that, notwithstanding any provision to the contrary in this Agreement, you shall not use any trademark, logo or trade name owned or licensed by us or any trademarks, logos or trade names that are confusingly similar thereto or that are a translation or transliteration thereof into any language or alphabet without our express written consent. Within five (5) days following termination of this Agreement you shall remove any of our trademarks, logos, or trade names from any of your promotional, advertising or other material in whatever medium and shall take all such other steps as may be required or appropriate to cease use of all of our trademarks, logos, or trade names. You finally acknowledge and agree that to the extent you use any of our trademarks, logos or trade names we shall retain exclusive ownership rights in such trademarks, logos and trade names, as the case may be, and all such uses shall inure to our benefit and shall be in accordance with our quality control standards. You agree to indemnify and hold us harmless for any violation by you of any part of this Section 7.<\/span><\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t The limitations of liability in this Section 7 are part of the basis of the bargain between you and A Child\u2019s Hope Foundation and shall apply to all claims of liability (e.g., warranty, tort, negligence, contract and law) even if A Child\u2019s Hope Foundation or its affiliates has been told of the possibility of any such damage, and even if these remedies fail their essential purpose.<\/span><\/p> A CHILD\u2019S HOPE FOUNDATION AND ITS AFFILIATES MAKE NO REPRESENTATION OR WARRANTY ABOUT THE THRIVE ASSESSMENT, INCLUDING ANY REPRESENTATION THAT ACCESS TO THE THRIVE ASSESSMENT WILL BE UNINTERRUPTED OR THAT THE THRIVE ASSESSMENT WILL BE ERROR-FREE, AND PROVIDE THE THRIVE ASSESSMENT AND ANY RELATED MATERIALS ON AN \u201cAS IS\u201d AND \u201cAS AVAILABLE\u201d BASIS. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, A CHILD\u2019S HOPE FOUNDATION AND ITS AFFILIATES DISCLAIM ANY IMPLIED OR STATUTORY WARRANTY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF TITLE, ACCURACY OF DATA, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.<\/span><\/p> TO THE FULLEST EXTENT PERMITTED BY LAW, A CHILD\u2019S HOPE FOUNDATION, ITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, OR EMPLOYEES WILL NOT BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY OTHER PERSON AS A RESULT OF YOUR ACCESS OR USE OF THE THRIVE ASSESSMENT IN CONNECTION WITH THIS AGREEMENT FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST BUSINESS OPPORTUNITIES, LOST SAVINGS, LOST REVENUES, LOST GOODWILL, REPUTATION (E.G., OFFENSIVE OR DEFAMATORY STATEMENTS), OR LOSS OF DATA (E.G., DOWN TIME OR LOSS, USE OF, OR CHANGES TO, YOUR INFORMATION OR CONTENT). A CHILD\u2019S HOPE FOUNDATION AND ITS AFFILIATES WILL NOT BE LIABLE TO YOU IN CONNECTION WITH THIS AGREEMENT FOR ANY AMOUNT.<\/span><\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t Both parties agree that the laws of the United States of America and the laws of the State of Utah, U.S.A., excluding its conflict of laws rules, shall exclusively govern any dispute relating to this Agreement. Both parties agree that all claims and disputes can be litigated only in the federal or state courts in Salt Lake and Utah Counties, Utah, USA, and both parties each agree to personal jurisdiction in those courts.<\/span><\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t Relationships<\/b>. Nothing contained in this Agreement shall be deemed to constitute either party a partner, joint venture or employee of the other party for any purpose.<\/span><\/p> Severability<\/b>. If a court with authority over this Agreement finds any part of it unenforceable, you and we agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and we agree to ask the court to remove that unenforceable part and still enforce the rest of this Agreement.<\/span><\/p> Waiver<\/b>. The failure to exercise any right provided in this Agreement shall not be a waiver of prior or subsequent rights.<\/span><\/p> Non-Disparagement<\/b>. You agree that, during the term of this Agreement and for a period of thirty-six (36) months thereafter, you will not make any public statement that is materially disparaging of the business of A Child\u2019s Hope Foundation, or to the business reputation of any of the members, managers, officers, employees or contractors of A Child\u2019s Hope Foundation, provided that this paragraph shall not apply to disclosures required by applicable law, regulation, or order of a court or governmental agency.<\/span><\/p> Notice<\/b>. You agree that the only way to provide us legal notice is at the address provided in Section 10.<\/span><\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t Any notice hereunder shall be in writing and sent to the following address:<\/span><\/p> A Child\u2019s Hope Foundation2. Contract<\/h5>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t
3. Modification<\/h5>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t
4. Obligations<\/h5>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t
5. License<\/h5>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t
6. Termination<\/h5>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t
7. Limitations<\/h5>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t
8. Disclaimer and Limitations of Liability<\/h5>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t
9. Governing Law and Jurisdiction<\/h5>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t
10. General Terms\n<\/h5>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t
11. Notices\n<\/h5>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t
<\/span>472 W 800 N, Orem, UT, 84057 USA
<\/span>Tel: 801-434-9200
<\/span>Email: <\/span>info@achf.org<\/span><\/a>\u00a0<\/span><\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t