General Conditions 
These Terms and Conditions of Use (the “Terms”) apply to your access and use of the Empower Colorado world wide web site (www.empowercolorado.com).  Empower Colorado (hereinafter referred to as “EC”) is an organization that provides support, education and advocacy to families of children and youth with mental health challenges.  All information and Content (as defined in these Terms) on the EmpowerColorado.com web site (together with the design, layout and organization and the underlying source HTML files that implement the hypertext features, is hereinafter referred to as the “Site”) may be used solely under the following Terms.  Please read the Terms carefully and completely before using the Site.  By accessing, browsing or using the Site, you (the “User”) expressly agree to and consent to be bound by the Terms in full.  If the following Terms are not acceptable in full, you must immediately terminate your use of the Site.  Users accessing or using the Site do so on their own initiative and are responsible for compliance with all local laws.  The Site and these Terms may be changed by EC at any time without notice.  Use of the Site subsequent to any change constitutes User’s acceptance of the change.  Users are advised to read these Terms each time they access the Site for any changes to these Terms. 

Purpose of the Site
The purpose of the Site is to provide Users information, resources and support related to families of children and youth with mental health challenges.

Proprietary Rights
As between EC and Users, all right, title and interest in the Site and all information it contains, or may contain in the future, including, without limitation, any updates thereof, all copyrights, trademarks, service marks and other intellectual property rights (collectively referred to as the “Content”), is the property of EC, or used by EC with permission, and is protected by intellectual property laws and international intellectual property treaties.  Except as expressly provided below, nothing contained in the Site shall be construed as conferring any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights, to use the Site or the Content displayed on the Site, through the use of framing or otherwise, without the prior written permission of EC or any third party that may own the trademark or copyright of material displayed on the Site. Except as expressly provided herein, no part of the Site, including, but not limited to, materials retrieved therefrom and the underlying HTML code, may be used, reproduced, duplicated, republished, copied, reverse engineered, reverse assembled, transmitted, distributed, sold, resold or exploited in any form or by any means without the prior written permission from EC or the appropriate copyright owner.

Use of Site
Subject to User’s full compliance with these Terms, User may transmit information to or post messages on the Site, and User is hereby granted a non-exclusive, nontransferable, revocable, limited license to view, download, print and use information retrieved from the Site, provided that: (i) it is solely for User’s own lawful, personal, informational, non-commercial purposes: (ii) User does not remove or obscure the copyright notice or other notices; and (iii) the Content, or any part thereof, is not modified. User understands and agrees that EC may alter, suspend or discontinue the Site at any time for any reason, without notice, cost or liability.  User further understands and agrees that from time to time the Site may be inaccessible, unavailable or inoperable for any reason.  User acknowledges and agrees that EC may from time to time establish general practices, policies and limits concerning access to and use of the Site.  EC may change such general practices, policies and limits at any time, in its sole discretion, with or without notice to Client.

Links
The Site contains hyperlinks to third party web sites.  The linked sites are not under the control of EC, and EC is not responsible for, and makes no representations or warranties with respect to, the contents or privacy practices of any linked sites or any link contained in a linked site, nor for any material or information otherwise provided in linked sites.  The inclusion of a linked site is provided as a courtesy only and is for User’s convenience only and is not intended as and should not be construed as an endorsement or recommendation by EC of the linked site or its content.  The content of a linked site does not necessarily reflect the opinions, standards or policies of EC.  EC does not endorse, approve, or recommend the use of any specific treatment, medication, service or organization referenced in any linked site or any other web site.

Privacy
The privacy of children and youth with mental health challenges and their families is a primary concern to EC.  When reasonably practicable, EC will attempt to respect User's privacy.  EC will not monitor, edit, or disclose any personal information about User, without User's prior consent unless such disclosure is necessary to: (i) comply with legal process or other legal requirements of any governmental authority; (ii) protect and defend the rights or property of EC or its affiliates; (iii) enforce these Terms; or (iv) protect the interests of EC or its affiliates.  EC’s Privacy Policy may change from time to time and is posted in full on the Site.

User's Representations
User represents and warrants to EC that: (i) User shall comply with all of the terms and conditions of these Terms, as amended from time to time; (ii) all information provided by User to EC or posted on the Site by User is truthful, accurate and complete, and is not misleading in any way; (iii) User shall not upload, post, email, transmit or otherwise make available any content, material, data, work, designation, trade or service mark, tradename, link, advertising or services that actually or potentially: (a) violates any applicable law or regulation, including, without limitation, false advertising or unfair competition under the law of any jurisdiction, (b) infringes or misappropriates any proprietary, intellectual property, contract or tort right of any person, or (c) to a reasonable person, may be abusive, obscene, pornographic, defamatory, invasive of privacy, harassing, grossly offensive, vulgar, threatening, malicious, otherwise objectionable or in way derogatory about EC or any other party; and (iv) User will only use the Site for the express purposes permitted under these Terms.

Prohibited Conduct
User is solely responsible for any and all acts and omissions that occur with respect to User's use of the Site, and User agrees not to engage in any unacceptable use of the Site, which includes, without limitation, use of the Site to: (i) disseminate, store or transmit unsolicited messages, chain letters or unsolicited commercial email; (ii) disseminate or transmit material that, to a reasonable person may be abusive, obscene, pornographic, defamatory, invasive of privacy, harassing, grossly offensive, vulgar, threatening, malicious, otherwise objectionable or in any way derogatory about EC or any other party; (iii) disseminate, store or transmit files, graphics, software or other material that actually or potentially infringes the copyright, trademark, patent, trade secret or other intellectual property right of any person; (iv) create a false identity or to otherwise attempt to mislead any person as to the identity or origin of any communication; (v) export, re-export or permit downloading of any message or content in violation of any export or import law, regulation or restriction of the U.S. and its agencies or authorities, or without all required approvals, licenses or exemptions; (vi) interfere, disrupt or attempt to gain unauthorized access to the Site or any other computer network; (vii) disseminate, store or transmit viruses, trojan horses or any other malicious code or program; (viii) violate any law or regulation; (ix) engage in any activity the purpose of which is not expressly permitted under these Terms; or (x) engage in any other activity deemed by EC to be in conflict with the spirit or intent of these Terms.

Disclaimer of Warranties
EC makes no warranty, representation or guarantee as to the accuracy, completeness or reliability of the information contained or posted on the Site.  EC assumes no responsibility or liability in connection with the reference to, reliance on, or use or misuse of any such information.  The information, opinions and recommendations posted within the Site are for general information only and should not be construed as medical advice or diagnosis, nor as advice about treatments of any specific medical condition.  EC does not endorse, approve, recommend or certify any information, product, medication, process, method of treatment, service or organization presented or mentioned in the Site.

NO USER SHOULD START, STOP OR CHANGE MEDICATION OR TREATMENT FOR HIMSELF OR HERSELF OR FOR HIS OR HER CHILD BASED ON WHAT THEY READ ON THIS SITE OR ELSEWHERE ON THE INTERNET.  INFORMATION PRESENTED HERE IS NOT INTENDED TO REPLACE, AND DOES NOT REPLACE, THE CONSIDERED JUDGMENT OF A LICENSED MEDICAL PRACTITIONER WHO KNOWS THE PATIENT. 

THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, EC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.  USE OF THE SITE IS AT USER’S SOLE RISK.

Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL A “COVERED PARTY” (AS DEFINED BELOW) BE LIABLE TO USER OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, RELIANCE OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ECONOMIC LOSS, PENALTIES OR ATTORNEYS’ FEES, FOR ANY MATTER ARISING FROM OR RELATING TO THE SITE, INCLUDING ITS CONTENT AND INFORMATION, OR THE INTERNET GENERALLY, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE, REGARDLESS OF ANY NEGLIGENCE OF ANY COVERED PARTY.  SOME STATES PROHIBIT THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THUS THIS LIMITATION OF LIABILITY MAY NOT APPLY TO USER.  IF USER IS DISSATISFIED WITH THE SITE, USER’S SOLE AND EXCLUSIVE REMEDY SHALL BE FOR USER TO DISCONTINUE USE OF THE SITE.  A “COVERED PARTY” MEANS EC, ITS AFFILIATES, AND ANY OFFICER, DIRECTOR, SHAREHOLDER, PARTNER, EMPLOYEE, SUBCONTRACTOR, REPRESENTATIVE, AGENT, SUCCESSOR OR ASSIGN OF EC OR ITS AFFILIATES.

Use of Material Contributed by Users

Indemnification
User agrees to indemnify, hold harmless and defend EC, its affiliates, and its and their shareholders, directors, officers, employees, agents, representatives, successors and assigns from and against any action, cause, claim, damage, debt, demand or liability, including, without limitation, reasonable costs and attorneys’ fees, asserted by any third party, arising directly or indirectly out of or relating to: (i) a breach or alleged breach of any representation, warranty, covenant or agreement in these Terms by User; and (ii) User's use of the Site.

Monitoring
EC does not actively monitor the Site for inappropriate postings and does not undertake  editorial control of postings.  Nonetheless, EC reserves the right to monitor or edit posted information and remove messages or materials that EC believes are not in the best interests of EC and its affiliates.

Applicable Law
These Terms shall be governed by the laws of the State of Colorado, as they apply to agreements made and solely performed therein, without regard for conflicts of law.  All actions, claims or disputes arising hereunder or relating to the Site shall be exclusively subject to the jurisdiction of the federal and state courts in the County of Arapahoe, State of Colorado.