TERMS OF USE POLICY AND AGREEMENT (USE POLICY AND AGREEMENT)

Effective Date: 4-30-2014

1. Use Agreement Purposes and Definitions.

The Art Therapy Credentials Board (ATCB) Web site (ATCB Web site) is operated to promote ATCB’s mission and to explain ATCB’s credentialing process and services. The ATCB Web site is the exclusive property of ATCB. This Web site Terms of Use Policy and Agreement (Use Agreement) governs all uses of the ATCB Web site by an individual User, including the use of the Web content, products, technology and services available on the ATCB Web site (ATCB Services) and the ATCB Content, as defined and explained below.

The content of the ATCB Web site and ATCB Services includes without limitation: (1) ATCB trademarks, service marks, logos and other unique identifiers (collectively, ATCB Marks); (2) information, data, materials, interfaces, computer code, databases, products, services, software applications and tools, text, images, photographs, audio and video material, and artwork; and (3) the design, structure, selection, compilation, assembly, coordination, expression, functionalities, applications, design and format, and arrangement of any content contained in or available through the ATCB Web site and/or the ATCB Services (collectively, ATCB Content). ATCB Content is the property of ATCB, its licensors, sponsors, partners, advertisers, content providers, or other third parties. ATCB Content is protected by law, including but not limited to the United States copyright, trade secret, patent and trademark law, and other states, national and international laws, treaties, and regulations.

Throughout this Use Agreement, the ATCB Web site, ATCB Services, and ATCB Content will be collectively referred to as the ATCB Properties.

2. Use Agreement Acceptance Requirements.

The ATCB Properties are available only to individuals who are at least eighteen (18) years of age and can enter into legally binding contracts under applicable law. This Use Agreement constitutes a legally binding agreement between each User and ATCB regarding the access to and use of the ATCB Properties. Please carefully read the Use Agreement terms before accessing or using the ATCB Properties.

By accessing or using any of the ATCB Properties, a User agrees to comply with and be bound by this Use Agreement and any applicable ATCB policies that are incorporated herein by reference, including the ATCB Trademark Use Policy, Registration/Certification Mark Use Policy, and Privacy Policy. If a User does not agree to the terms of this Use Agreement and the applicable ATCB policies incorporated herein by reference, the User must immediately terminate the use of the ATCB Properties.

ATCB reserves the right to take any legal, administrative, or technical actions to prevent violation of these Use Agreement terms or to protect the ATCB Properties, Users, or the rights and property of ATCB. For instance, if any false, inaccurate, unauthorized or incomplete information is submitted to any of the ATCB Properties by a User, ATCB reserves the right to terminate his/her access to and use of the ATCB Properties.

By accessing or using any of the ATCB Properties, a User consents to the use of “cookies” in accordance with the terms of this Use Agreement and the ATCB Privacy Policy.

3. Limited User License Concerning ATCB Web Site, Services, and Content.

This Use Agreement creates a license regulating a User’s access to and use of the ATCB Web site, the ATCB Services, and the ATCB Content.

License Grant. Each User is granted a personal, revocable, limited, nonexclusive, nontransferable, royalty-free license to access and use the ATCB Web site, ATCB Services and ATCB Content, conditioned on the User’s continued acceptance of and compliance with this Use Agreement. A User is permitted to access and use the ATCB Web site, ATCB Services and ATCB Content only for his/her personal and noncommercial use, and for no other purpose, unless specifically authorized by ATCB. An authorized user is permitted to copy, distribute, display, publish, post or share a link to, or otherwise disseminate the content and information published on the ATCB Web site, so long as the content and information remain in its complete and original form. ATCB reserves the exclusive right(s) to bar, restrict or suspend a User’s access to the ATCB Web site, ATCB Services, and ATCB Content, and to terminate this license at any time for any reason. ATCB also reserves all rights not explicitly granted in this Use Agreement.

License Restrictions. When accessing, viewing and/or sharing the ATCB Web site, ATCB Services and ATCB Content, Users may not modify, translate, create derivative works of, market, remove or alter any proprietary notices or labels from, lease, sell, sublicense, clone, decompile, reverse engineer, or incorporate into any information retrieval system in any format not specifically authorized by this Use Agreement, the ATCB Web site, the ATCB Services, any ATCB Content, or any portion thereof, unless otherwise expressly stated in this Use Agreement, or unless prior express permission is granted by ATCB. Users may not: (1) use the ATCB Web site, the ATCB Services and the ATCB Content for any unauthorized or illegal purpose; (2) interfere with the proper working of the ATCB Web site and ATCB Services, including but not limited to the transmission of any virus, worm, trap door, back door, timer, clock, Trojan horse, or other limiting routines, instruction or design; or (3) interfere with any other person’s use of the ATCB Web site, the ATCB Services and/or the ATCB Content.

This license does not apply to and does not grant any rights concerning any ATCB services, publications, and products that are sold or licensed for a fee. Such services, publications, and products may be subject to specific fees and/or royalties, and the acceptance of a required agreement, which may include a license.

4. Proprietary Rights.

As explained in this Agreement, the ATCB Content is the property of ATCB, its licensors, sponsors, partners, advertisers, content providers, or other third parties. The modification, reproduction, copying, cloning, creation of derivative works, transmission, distribution, sale, leasing, marketing, publication, broadcast, circulation, dissemination, transferring, decompiling, reverse engineering, or incorporation into any information retrieval system of any ATCB Content by a User, or by a User through any other person or entity, is prohibited without the express written authorization of ATCB, or the owner of such content if ATCB is not the owner. Any use of the ATCB Marks without the express written consent from an authorized ATCB representative is strictly prohibited.

A User may not alter, delete, obscure or conceal any copyright or other notices appearing in the ATCB Content, including any such notices appearing on any ATCB Content. A User is permitted to download, transmit, display, print or reproduce from the ATCB Web site or ATCB Services. User access to and use of the ATCB Content is further explained in Section 3 of this Use Agreement.

5. Personal Login Information for ATCB Web Site and ATCB Services.

Certain features and areas of the ATCB Web site and ATCB Services require User registration and login. If a User is required to register and select a unique login and password (Login Information), he/she must keep the Login Information confidential. A User’s Login Information is personal to that User, and he/she may not allow any third party to use it under any circumstances. ATCB is not liable for any harm caused by or related to the theft, misappropriation, disclosure, or unauthorized use of a User’s Login Information. When a User believes that there will be, or has been, any unauthorized use of his/her Login Information, or otherwise wishes to deactivate the Login Information due to security concerns, the User must contact ATCB immediately by e-mail or telephone for corrective action instructions.

6. User Obligations with Respect to ATCB Properties.

Each User warrants that he/she will abide by all applicable local, state, national, and international laws and regulations with respect to the use of the ATCB Properties. In addition, each User agrees to the following use requirements:

The User will not interfere with the use and enjoyment of the ATCB Properties by other users;

The User will not interfere with ATCB’s operation and management of the ATCB Web site and ATCB Services;

The User will provide true, accurate, current, authorized and complete information when submitting information or materials to or through the ATCB Web site and ATCB Services, including without limitation information required to be provided through an ATCB application for registration and/or registration/certification;

The User will not impersonate any other person or entity, whether actual or fictitious when using the ATCB Properties; and

The User will not defame or otherwise harm any party, including ATCB, through their use of the ATCB Properties.

7. User-Generated Content.

ATCB does not claim ownership of content that Users submit to the ATCB Web site. Each User agrees that he/she alone is fully responsible for the User-Generated Content that he/she submits, and that he/she owns or has the rights to use. Each User agrees that by submitting User-Generated Content, he/she hereby grants to ATCB a perpetual, nonexclusive, fully paid and royalty-free, transferable, sublicensable, worldwide license to use, download, duplicate, display, distribute, publish, modify and create derivative works of the User-Generated Content, subject to the ATCB Web site Privacy Policy and this Agreement.

When submitting User-Generated Content, a User is required to abide by the ATCB Trademark Use Policy and the ATCB Registration/Certification Mark Use Policy, which is incorporated herein by this reference. Additionally, regarding the submission of User-Generated Content, current credential holders of ATCB must satisfy the applicable requirements of the ATCB Code of Professional Practice that apply to their credentials, which are incorporated herein and available here.

8. User Responsibility for use of the Internet and the ATCB Properties.

The use of the Internet and the ATCB Properties is solely at the User’s risk and is subject to all applicable local, state, national, and international laws and regulations. ATCB does not guarantee the confidentiality or security of any communication or other material transmitted to or from the ATCB Web site over the Internet or other communication network. ATCB is not obligated to correct or update the ATCB Properties or the User-Generated Content.

9. Third-Party Information and Materials.

The ATCB Properties may include materials, information, products, and services provided by third parties. Any such information, including but not limited to articles, press clippings, opinions, advice, statements, services, offers, or other information made available by third parties (Third-Party Information), such as content providers and other users of the ATCB Properties, are those of the respective third party and not of ATCB or its affiliates. ATCB makes no representation with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, or reliability of such Third-Party Information.

10. Links to ATCB Web Site.

Each User is granted a personal, revocable, limited, nonexclusive, nontransferable, royalty-free license to copy, distribute, display, post, or share a link to the ATCB Web site, subject to the conditions set forth in this Use Agreement. Links posted by third parties to the ATCB Web site (Third-Party Links) may only use an ATCB mark consistent with the terms of this Agreement and ATCB policies, including the ATCB Trademark Use Policy and the ATCB Registration/Certification Mark Use Policy. Third-Party Links cannot represent or suggest that ATCB promotes or endorses any third-party products, business relationships, services, causes, campaigns, Web site, content, or information unless specifically authorized by ATCB by policy or agreement. Each Third-Party Link to any portion of the ATCB Web site shall be the responsibility of the linking party. ATCB reserves the right to require any linking party to disable or remove any link to the ATCB Web site.

11. Warranties Disclaimed.

The ATCB Properties are provided “as is” and “as available.” Neither ATCB, its affiliates, subsidiaries, employees, officers or trustees, nor any of its agents, representatives, suppliers, advertisers, promotional partners or licensors (collectively, ATCB Parties) provide any express or implied representation or warranty of any kind, including without limitation any representation or warranty that (1) the ATCB Properties, or any results that may be obtained by Users, are complete, accurate, reliable or non-infringing; (2) access to the ATCB Properties will be uninterrupted, timely, secure or error-free; (3) the quality of any products, services, information or other material purchased or obtained by Users through the ATCB Properties will meet User expectations; or (4) the ATCB Properties will remain unchanged or accessible. All warranties, express or implied, are disclaimed to the fullest extent permitted by law, including without limitation any warranty of merchantability, fitness for a particular purpose and/or non-infringement of intellectual property. ATCB shall not be liable for omissions, typographical errors, or out-of-date information that appears on the ATCB Properties.

12. Limitation of Liability.

The ATCB Parties shall not be liable and disclaim any liability for any claim, loss or damage, direct or indirect, including without limitation compensatory, consequential, incidental, indirect, special, exemplary or punitive damages of any kind whatsoever in connection with, as a result of, or arising: (1) out of the use of or inability to use the ATCB Properties; (2) from any interruption in the availability of the ATCB Properties; (3) from any loss of data and/or from any equipment failure; (4) out of the procurement of substitute goods or services resulting from any problems with the goods, content and/or services purchased or obtained from the ATCB Properties, or transactions entered into, through or from the ATCB Properties; (5) from unauthorized access to or alteration of User transmissions or data; (6) from statements or conduct of any third party on the ATCB Web site; (7) from any delay or failure of the ATCB Properties arising out of causes beyond ATCB’s control; (8) out of the use of, reference to or reliance on the ATCB Properties; (9) out of any third-party materials, information, products and services contained on or accessed through the ATCB Web site or ATCB Services; (10) out of any content, materials, accuracy of information, and/or quality of the products, services or materials provided by or advertised on third-party Web site; or (11) out of any other matter relating to the ATCB Properties.

13. Warranty Exclusions Permitted by Law.

Some jurisdictions do not allow the exclusion of certain warranties or conditions, or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only the limitations in Sections 11 and 12 above that are lawful in the User’s jurisdiction will apply to the User, and ATCB’s liability will be limited to the maximum extent permitted by law.

14. Exclusive Remedy.

In the event a User is dissatisfied with, objects to or otherwise disputes this Use Agreement and/or the ATCB Properties, the User agrees that his/her sole right and exclusive remedy is to terminate his/her use of the ATCB Properties, even if that right or remedy is deemed to fail of its essential purpose. Each User agrees that ATCB has no other obligation, liability or responsibility to the User or any other party.

15. Indemnification of ATCB.

To the fullest extent permitted by law, a User shall defend, indemnify and hold harmless the ATCB Parties from and against all claims arising from or in any way related to the User’s use of the ATCB Properties, a violation by the User of this Use Agreement, or any other actions connected with a User’s access to and use of the ATCB Properties, including any liability or expenses, losses, damages, suits, judgments, settlements, litigation costs, and attorneys’ fees. ATCB will provide prompt written notice of any such claims, but failure to provide such notice will not release a User from any of his/her obligations pursuant to this Section except to the extent that a User is actually prejudiced by such failure, and will not relieve a User from any other liability that a User may have to the ATCB Parties other than under this Section.

16. ATCB Agent for Alleged Copyright Infringement by Third Party.

If a User believes that his/her work has been copied and posted on the ATCB Web site or ATCB Services in a way that constitutes copyright infringement, the User should notify the ATCB agent designated under the Digital Millennium Copyright Act, 17 U.S.C. ?512 (the DMCA), who will respond to such concerns. The User must submit the following information required by the DMCA to ATCB’s designated agent (User Notice): an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that the User claims have been infringed; a description of where the material that the User claims are infringing is located on the ATCB Web site or ATCB Services; the User’s address, telephone number, and e-mail address; a written statement by the User that he/she has a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and a statement by the User, made under the penalty of perjury, that the above information in the User Notice is accurate, and that the User is the copyright owner or is authorized to act on behalf of the copyright owner.

DMCA Contact:

LeeAnn Mandrillo, Executive Director
Art Therapy Credentials Board, Inc.
PO Box 38726
Greensboro, NC 27438
Email: atcbinfo@atcb.org

Upon receipt of the User Notice as described above, ATCB will take whatever action it deems to be appropriate in its sole discretion and in accordance with applicable law. Such action may include the removal of the identified content from the ATCB Web site or ATCB Services.

17. Term and Termination.

This Use Agreement will take effect at the time a user begins using the ATCB Properties. ATCB reserves the right, with or without notice, at any time and for any reason, to deny User access to the ATCB Properties, or to any portion thereof. This Use Agreement will terminate automatically if a User fails to comply with the terms set forth herein. A User may terminate this Use Agreement at any time by ceasing to use the ATCB Properties, but all applicable provisions of this Use Agreement will survive such termination. Upon termination, a User must destroy all copies of any portion of the ATCB Properties in his/her possession.

18. Governing Law.

This Use Agreement and all matters regarding a User’s access to and use of the ATCB Properties shall be governed by, construed in accordance with, and enforced under the laws of the State of North Carolina, USA, without regard to choice of law principles. Neither the Uniform Computer Information Transaction Act (UCITA) nor the United Nations Convention on Contracts for International Sale of Goods applies, and their applicability is expressly excluded. When the ATCB Properties are accessed from a location outside of the United States, the User does so at his/her own risk and is solely responsible for compliance with applicable laws, including the laws of the User’s jurisdiction.

Printed copies of any and all agreements and/or notices in electronic forms, such as copies of this Use Agreement, shall be admissible in any legal, investigative, administrative, or regulatory proceedings.

19. Waiver and Severability.

The failure of ATCB to exercise or enforce any right or provision in this Use Agreement shall not constitute a waiver of such right or provision. If any provision of this Use Agreement is found by a court of competent jurisdiction to be invalid, illegal or unenforceable, said determination will not affect the validity and enforceability of the remaining provisions, and such provision shall be enforced to the fullest extent permitted by law.

20. Assignment.

ATCB may assign its rights and delegate its obligations under this Use Agreement, in whole or in part, at any time. A User may not assign any rights or delegate any of his/her obligations under this Use Agreement to any other person or entity. Any attempt by a User to assign rights or delegate responsibilities under this Use Agreement is void and without effect.

21. Additional Terms and Conditions.

The ATCB Privacy Policy, as well as other additional terms and conditions applicable to certain portions of the ATCB Properties (Additional Terms and Conditions), are incorporated herein by this reference. To the extent that there is a conflict between this Use Agreement and any Additional Terms and Conditions for the activity in which a User chooses to participate, the Additional Terms and Conditions will govern.

22. Click-Through Agreements

Before using certain areas of the ATCB Web site, a User may be asked to indicate his/her acceptance of additional terms and conditions by clicking a button marked “I Accept,” “I Agree,” “Okay,” “I consent,” or other words or actions that similarly acknowledge the User’s consent or acceptance of a Click-Through Agreement. To the extent there is a conflict between this Use Agreement and any Click-Through Agreements for the activity in which a User chooses to participate, the Click-Through Agreement will govern.

23. Complete Agreement.

This Use Agreement, together with any Agreement revisions, any Additional Terms or Conditions, any Click-Through Agreements, and any ATCB Policies incorporated by reference, constitutes the entire agreement between a User and ATCB relating to the access to and use of ATCB Properties. This Use Agreement supersedes any previous written or oral communication between ATCB and a User regarding access to and use of the ATCB Properties.

24. Statute of Limitations.

Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to a User’s access to and use of the ATCB Properties must be initiated and filed by a User within one (1) year after such claim or cause of action arose, or be forever barred.

25. Amendments to the use Agreement.

ATCB reserves the right to amend this Use Agreement at any time, for any reason. ATCB will provide notice that the Use Agreement has been amended by changing the Effective Date at the beginning of the Agreement. Each time a user accesses any of the ATCB Properties, the current version of the Use Agreement will apply. Accordingly, a user should check the Agreement Effective Date and review any changes each time he/she uses or reviews the ATCB Web site or ATCB Services. If a User does not accept this Use Agreement, he/she may not access or otherwise use the ATCB Properties.

26. Privacy Policy

For information about ATCB’s data protection practices, and its use and protection of a User’s personal information submitted in connection with access to and use of the ATCB Web site and ATCB Services, please review the ATCB Privacy Policy, which is incorporated herein by reference and available here.

27. Contact Information for User Questions and Concerns.

Questions or concerns regarding this Use Agreement or the ATCB Properties should be submitted to atcbinfo@atcb.org.