Terms of Use

These Terms of Use (the “Terms” or “Agreement”) set forth the terms and conditions under which individuals residing in the United States may use The Coalition for Better Beginnings Colorado Website (“Site” as defined below). Certain Website Services may be subject to additional policies, rules and terms and conditions, which you may be required to agree to as a condition of using those Services (“Additional Terms”).

• Please read these Terms and any applicable Additional Terms before using the Site or the Services. By using the Site or the Services, you hereby represent, warrant, understand, agree to and accept these Terms and any applicable Additional Terms in their entirety.
• These Terms are subject to change by the Site at any time, subject to the following notification process. We will notify you about material changes in these Terms by placing a prominent notice on our Site, so that you can choose whether to continue using our Services. Any use of the Site or the Services by you after the notice of any changes will constitute your acceptance of such changes.

For purposes of these Terms, and except to the extent expressly excluded below, the “Site” shall mean betterbeginningsco.com, and the “Services” shall mean the utilization of the online platform to connect Users with relevant legislative information, sign up for newsletters, consent to take action in furtherance of The Coalition for Better Beginnings Colorado. However, the terms “Site” and “Services” do not include or involve the following:

• Websites, web pages, mobile applications and mobile websites (and services offered through such channels) operated by partner organization’s, their subsidiaries or affiliates. The sites and services offered by such other organizations are subject to separate terms to which users of such sites and services must separately agree and which can be found on their respective sites and/or service materials or within the relevant mobile applications.
• Third-party entities that may use the Site or Services to market and offer their services.

1. Description of Services, Limitations, User Responsibilities

1.1 About Our Services
The Site is an online third party platform that directly connects users with relevant legislative information so users can access and choose methods of engagement in the furtherance of The Coalition for Better Beginnings Colorado.

Our Services may continue to grow and change. Please refer to our Site for further information about the Services we provide.

1.2 Limitations of our Services
We offer a platform to help our users keep up to date with current legislation impacting The Coalition for Better Beginnings Colorado. However, except where specifically provided in these Terms or on the Site itself:

• We do not employ and are not responsible for the conduct, whether online or in person, of any User or other user of the Site or Services. Users are responsible for compliance with all applicable employment and other laws in connection with any employment relationship they establish (such as applicable payroll, tax and minimum wage laws).
• We do not control or vet self-generated content for accuracy, and we do not assume and expressly disclaim any responsibility for the accuracy or reliability of any information provided on or off the Site. We do not assume and expressly disclaim any liability that may result from the use of information provided on the Site.

Please review carefully the Release of Liability in Section 4 as well as the Disclaimers, Limitations, Waivers, and Indemnification in Section 5 below for important limitations on the Site’s liability to which you are agreeing by using the Site and Services.

1.3 User Responsibility
Users are solely responsible for deciding to participate and accepting additional services and verifying information provided by The Coalition for Better Beginnings Colorado, and determining if the Site is appropriate for themselves or their family.

Each User is responsible for complying with all applicable employment and other laws in connection with any employment relationship they establish.

1.4 Eligibility to Use the Site and Services
By requesting to use, registering to use and/or using the Site or the Services, you represent and warrant that you have the right, authority and capacity to enter into these Terms and you commit to abide by all of the terms and conditions hereof.

2. Rules for User Conduct and Use of Services

2.1 Registration, Posting, Content Restrictions, and the Use of Media
The following rules pertain to “Content”, defined as any communications, images, sounds, videos, and all the material, data, and information that you upload or transmit through the Site or Services:

• You are responsible for providing accurate, current and complete information in connection with your registration for use of the Site and the Services.
• You will sign up for newsletters and take action on the Site in your own legal name.
• You understand and agree that the Site may, in its sole discretion, review, edit, and delete any Content, in each case in whole or in part, that in the sole judgment of the Site violates these Terms or which the Site determines in its sole discretion might be offensive, inappropriate, illegal, or that might violate the rights, harm, or threaten the safety of users of the Site or others.
• Your use of the Services, including but not limited to the Content you post on the Site, must be in accordance with any and all applicable laws and regulations.
• We welcome your feedback and questions about the Site and Services. However, you agree that any comments, ideas, messages, questions, suggestions, or other communications you send to us or share with us through any channel (including, without limitation, the Site, email, telephone, surveys, and our social media accounts) shall be and remain the exclusive property of the Site and we may use all such communications, all without notice to, consent from, or compensation to you.

As User Content is primarily self-generated, we do not control or vet such Content for accuracy, and we do not assume and expressly disclaim any responsibility for the accuracy or reliability of any Content provided by Users on or off the Site, including any Content that may include misstatements or misrepresentations or that may be defamatory or disparaging. Users hereby represent, understand and agree to hold the Site harmless for any misstatements, misrepresentations, or other disparaging or defamatory statements made by or on behalf of them on this Site or in any other venue.

2.2 Exclusive Use
You must be 18 years of age or older to access Services on the Site. You are responsible for all activity on and use of your account, and you may not assign or otherwise transfer your account to any other person or entity.

2.3. Prohibited Uses
By accessing the Site and using the Services, you agree that you will not under any circumstances:

• Use the Site or Services or any information contained therein in any way that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive;
• Use the Site or Services for any fraudulent or unlawful purpose, for any purpose unrelated to care or caregiving, or for any other purpose not expressly intended by The Coalition for Better Beginnings Colorado;
• Harass, abuse or harm another person or group, or attempt to do so;
• Provide false or inaccurate information when using the Site or Services;
• Interfere or attempt to interfere with the proper functioning of the Site or it’s Services;
• Use the contacts made through the Site for any commercial solicitation purposes other than those expressly permitted by The Coalition for Better Beginnings Colorado.

In order to protect our users from prohibited activity, we reserve the right to take appropriate actions in our sole discretion.

Should The Coalition for Better Beginnings Colorado find that you violated the terms of this Section or any terms stated herein, The Coalition for Better Beginnings Colorado reserves the right, at its sole discretion, to immediately terminate your use of the Site and any Services related to the Site. This obligation shall be in addition to any other right The Coalition for Better Beginnings Colorado may have under these Terms or applicable law. Further, in order to protect the integrity of the Site and the Services, The Coalition for Better Beginnings Colorado reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Site or participating in other online services.

3. Termination

The Coalition for Better Beginnings Colorado reserves the right, in its sole discretion, to immediately terminate your access to all or part of the Site and/or Services, with or without notice for any reason or no reason in its sole discretion, including without limitation if The Coalition for Better Beginnings Colorado should determine that you are not eligible to use the Services, have violated any terms stated herein or in any of the Additional Terms, are not suitable for participation as a User, have mis-used or mis-appropriated Site content.

You understand and agree that, following any termination of any use of the Site or Services, The Coalition for Better Beginnings Colorado has the right, but not the obligation, to send a notice of such termination to other Users with whom we believe the individual has corresponded.

4. Release of Liability

By using our Site or our Services, to the greatest extent permitted by law, you hereby represent, understand, and expressly agree to release and hold the Site (including the partner organizations’, their officers, directors, shareholders, employees, parents, subsidiaries, other affiliates, successors, assignees, agents, representatives, independent contractors, (“Affiliates”) harmless from any claim, liability, loss, damages, expenses (including attorneys’ fees), or controversy that may arise out of use of the Site including but not limited to arising out of:

• the actions or inactions of, or the relationship between, you and any user or other user(s) of the Site; and
• any information, instruction, advice or services created by any user or other third party that appeared on, or was communicated through, the Site.

The Coalition for Better Beginnings Colorado and its Affiliates expressly disclaims any liability whatsoever for any damage, suits, claims, and/or controversies that have arisen or may arise, whether known or unknown, from the above and such release and hold harmless shall apply regardless of the negligence, strict liability or other fault of The Coalition for Better Beginnings Colorado and/or its Affiliates excluding gross negligence or willful misconduct of The Coalition for Better Beginnings Colorado and/or its Affiliates.

5. Disclaimers; Limitations; Waivers; Indemnification

5.1. No Warranty
The information and materials contained on the Site, including text, graphics, information, links or other items are provided “as is,” “as available.” Further, opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by the Site, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. THE SITE DOES NOT: (1) WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THIS INFORMATION AND MATERIALS; (2) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN THE SITE; (3) WARRANT THAT YOUR USE OF THE SITE OR SERVICES WILL BE SECURE, FREE FROM COMPUTER VIRUSES, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED; OR (4) GIVE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SITE EXPRESSLY EXCLUDES ALL CONDITIONS, WARRANTIES (EXPRESS OR IMPLIED) AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED BY STATUTE, COMMON LAW OR THE LAW OF EQUITY AND DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THIS INFORMATION AND MATERIALS.
IN ADDITION, AND WITHOUT LIMITING THE FOREGOING, THE SITE MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED REGARDING THE SUITABILITY OF ANY USER OF OUR SITE.

5.2. Assumption of Risk
While The Coalition for Better Beginnings Colorado takes certain steps to help promote the safety of our Site and Services, many online platform services come with certain inherent risks. We do not provide any training, supervision, or monitoring of Users, and we cannot guarantee that all of your interactions with other Users, site visitors, their families, or others associated with them, will always be 100% safe and respectful. You agree to assume all risks when using the Site and the Services, including but not limited to injury, illness, communicable disease, death, loss of damage to property, and all other risks associated with any online or offline interactions with users of the Site or the Services whether or not such injury, illness, communicable disease, death, loss or damage to property, and all other risks results from the negligence, strict liability, or other fault of the Site and/or its Affiliates, but not including the gross negligence or willful misconduct of the Site and/or its Affiliates. You also agree not to rely solely on steps the Site may take to vet or screen Users and/or their Content, or otherwise to promote the safety of the Site and Services.

5.3. Limitation of Liability
Incidental Damages and Aggregate Liability. In no event will the Site be liable for any indirect, special, incidental, or consequential damages, losses or expenses arising out of or relating to the use or inability to use the Services, including without limitation damages related to any information received from the Site or Services, removal of content from the Site, including profile information, any email distributed to any user or any linked web site or use thereof or inability to use by any party, or in connection with any termination of your ability to access the Services, failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if the Site, or representatives thereof, are advised of the possibility of such damages, losses or expenses. UNDER NO CIRCUMSTANCES WILL THE SITE’S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES OR THE SITE, EXCEED THE PRICE PAID BY YOU TO RECEIVE SERVICES FROM THIRD-PARTY USERS, OR, IF YOU HAVE NOT PAID THIRD-PARTY USERS FOR THE USE OF ANY SERVICES, THE AMOUNT OF $25.00.

No Liability for non-Site Actions. IN NO EVENT WILL THE SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, OR OTHERWISE, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICES OR ANY AGREEMENT OR RELATIONSHIP FORMED USING THE SITE OR SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SITE, OR TRANSMITTED TO OR BY ANY USERS OR ANY OTHER INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICES, WHETHER ONLINE OR OFFLINE. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.

In addition to the preceding paragraphs of this section and other provisions of these Terms, any advice that may be posted on the Site is for informational purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. The Site makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Site. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.

5.4. Indemnification
By agreeing to these Terms, to the greatest extent permitted by law, users of the Site and Services agree to indemnify, defend and hold harmless The Coalition for Better Beginnings Colorado and its Affiliates from and against any and all claims, losses, liabilities, damages, expenses or demands of liability, including reasonable attorneys’ fees and costs incurred by the Site and its Affiliates and including an intellectual property claim arising out of (i) materials and content you submit, post or transmit through the Site, (ii) use of the Site or Services by you in violation of these Terms of Use or in violation of any applicable law, (iii) any relationship or agreement formed with a User using the Site or Services, or (iv) the negligent acts, errors or omissions or willful misconduct of you or any person for whom you are the legal guardian and/or parent. Users further agree that they will cooperate as reasonably required in the defense of such claims. The Site and its Affiliates reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by users, and users shall not, in any event, settle any claim or matter without the written consent of The Coalition for Better Beginnings Colorado. Users further agree to hold harmless the Site and its Affiliates from any claim arising from a third party’s use of information or materials of any kind that users post to the Site. The indemnity, defense and hold harmless obligations shall apply regardless of the negligence, strict liability or other fault of the Site and/or its Affiliates excluding gross negligence or willful misconduct of The Coalition for Better Beginnings Colorado and/or its Affiliates.

This Agreement shall be binding upon your heirs, executors, administrators and successors.

6. Agreement to Arbitrate

This Section 6 is referred to in these Terms as the “Arbitration Agreement”. You agree that all claims relating to or arising out of these Terms or the breach thereof, whether sounding in contract, tort, or otherwise that have arisen or may arise between you and the Site or a Site Affiliate, whether relating to these Terms (including any alleged breach thereof), the Services, the Site, or otherwise, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except you may assert individual claims in small claims court, if your claims qualify. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential for the benefit of all parties.

7. Governing Law and Jurisdiction

These Terms, and all claims relating to or arising out of this contract, or the breach thereof, whether sounding in contract, tort, or otherwise, shall be governed by the laws of the State of Colorado, including Colorado’s statutes of limitations governing your claim, without giving effect to its principles of conflicts of law, provided that the Federal Arbitration Act shall govern the interpretation and enforcement of Section 6, the Arbitration Agreement. You and The Coalition for Better Beginnings Colorado agree to submit to the personal jurisdiction of the courts located within the State of Colorado for the purpose of litigating all such claims or disputes.

8. Consent to Electronic Communication and Data Collection

By using the Site or Services, you agree to allow The Coalition for Better Beginnings Colorado to communicate with you electronically, and you consent to electronic delivery of notices, documents, mobile application, online messaging platform, or e-mail. You also agree to check your Site account, alerts, and messages, and the e-mail account reflected on the Site on a reasonably regular basis to stay apprised of important notices and information about your account.

9. Miscellaneous

Nothing in this Agreement shall be construed as making either party the partner, joint venturer, agent, legal representative, employer, contractor or employee of the other. Neither party shall have, or hold itself out to any third party as having any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound. The invalidity, illegality or unenforceability of any term or provision of these Terms shall in no way impact the validity, legality or enforceability of any other term or provision of these Terms.

By agreeing to these Terms, you understand and agree that you are not and at no time shall be considered an employee of The Coalition for Better Beginnings Colorado and its Affiliates.

10. Severability

If a court decides that any term or provision of these Terms is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and these Terms shall be enforceable as so modified.