Background

The Cycle of Engagement (“COE”) tools for early childhood use a family-centered, data-driven relationship-based approach to promoting whole child, equitable and integrated well-child care. The COE tools include the Well Visit Planner (“WVP”), the Online Promoting Healthy Development Survey (“Online PHDS”), and the CARE_PATH for Kids (“CPK”). Each tool has a family website and the WVP and Online PHDS have use portals. The use portals can be accessed by registering for an account through the COE website.

All COE websites were developed and are maintained by the Center for the Advancement of Innovative Health Practices operating as the Child and Adolescent Health Measurement Initiative (CAHMI). CAHMI created COE model and tools and makes them available for use by clinicians, practices, organizations and families to assess and improve the quality of child care and promote child and family health.

Children's Online Privacy Protection Act

CAHMI and its COE tools are in compliance with the requirements of COPPA (Children's Online Privacy Protection Act). CAHMI does not collect any information from anyone under 13 years of age. The website, products and services are all directed to people who are at least 13 years old or older.

General Provisions

The terms of this Use Agreement (“Agreement”) is a legal agreement between you and the Child and Adolescent Health Measurement Initiative (“CAHMI”), the owner and operator of the Website. It states the terms and conditions under which you may access and use the Website. By accessing and using the Website, you are indicating your acceptance to be bound by and comply with the terms and conditions of this Agreement. Furthermore, this Use Agreement governs your use of all Cycle of Engagement websites.

CAHMI reserves the right to modify, amend, or supplement this Use Agreement. Such modifications or supplements shall be effective immediately upon posting on the website. You are responsible for periodically checking the website for changes to this Use Agreement. BY USING ANY COE WEBSITE, YOU ACCEPT AND AGREE TO THIS USE AGREEMENT AS APPLIED TO YOUR USE OF THE WEBSITE AND AS MAY BE AMENDED. If you do not agree to be bound by (or cannot comply with) the Use Agreement as modified or supplemented, you should stop using the website. Your continued access and use of the website constitute your agreement to be bound by the modified Use Agreement.

We reserve the right, for any reason, in our sole discretion, to terminate, change, suspend or discontinue any aspect of the website, including, but not limited to, content, features or hours of availability. We may also impose limits on certain features of the website or restrict your access to part or all of the website without notice or penalty. In no event shall CAHMI or OHSU be liable for any incidental, special or consequential or indirect damages arising out of or relating to the use or inability to use WVP, PHDS, CPK, or COE websites.

You understand that by accessing the Website, it is your responsibility to take protective measures to guard against computer viruses and other destructive elements such as through the use of standard and updated virus scanning tools, and to ensure that you have a complete and secure back-up of information and software on your computer or other devices that you may use to access the Website.

The Website may contain materials for download. Any materials downloaded or obtained by you through your use of the Website and the Content is done at your own risk and you are solely responsible for any damage to your computer system or device or loss of data that may result from the download and/or use of such material.

You agree that Maryland law (regardless of conflicts of law principles) shall govern this Use Agreement, and that any dispute arising out of or relating to this Use Agreement shall be subject to the exclusive jurisdiction of the circuit court for Baltimore City, Maryland; provided, however, that if any dispute may be brought only in a federal forum, it shall be brought and conducted solely and exclusively within the United States District Court of Maryland.

If any term or provision of this Agreement is held by a court of competent jurisdiction to be invalid, it shall be severed, and the remaining provisions shall remain in full force and effect without being invalidated in any way. You may not assign, convey, subcontract, or delegate your rights, duties or obligations hereunder. CAHMI will not be considered to have waived any of its rights or remedies described in this Agreement unless the waiver is in writing and signed by CAHMI. No delay or omission by CAHMI in exercising its rights or remedies will impair CAHMI’s rights or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. CAHMI’s failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of CAHMI’s right to subsequently enforce such provision or any other provisions of this Agreement.

User Conduct

• You, the user, warrant and agree that while using the website you shall not upload, post, transmit, distribute, or otherwise publish through the website any materials that: (a) are protected by copyright, or other proprietary or intellectual property right, or derivative works with respect thereto, except as provided herein or without first obtaining written permission from us or the copyright owner; (b) are unlawful, threatening, harassing, profane, tortious, abusive, bigoted, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, contain explicit or graphic descriptions or accounts of adult content, invasive of another's privacy, or hateful, (c) restrict or inhibit any other user from using and enjoying the website, (d) constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability, or (e) contain a virus or other harmful component, advertising of any kind, or false or misleading indications of origin or statements of fact. CAHMI will not be held liable for any materials that you upload, post, transmit, distribute, or otherwise publish through the website.
• You also warrant and agree that you shall not: (a) impersonate or misrepresent your affiliation with any other person or entity; (b) upload, post, publish, transmit, reproduce, distribute or in any way exploit any information or other material obtained through the website for commercial purposes (other than as expressly permitted by the provider of such information or other material); (c) engage in spamming or flooding; or (d) attempt to gain unauthorized access to other computer systems through the website. Except as otherwise expressly permitted herein, you may not upload, post, publish, reproduce, transmit or distribute in any way any component of the website itself or derivative works with respect thereto, as the website is copyrighted as a collective work under U.S. copyright laws.
• You are responsible for the security of your computer, mobile device, and any other device that you use to access the website. You shall be solely responsible for any harm or liability that arises from any improper third-party disclosure and/or use (including unauthorized third-party use) of your account.
• All acts performed using your account shall be deemed to be your acts. You are responsible for any customized content, use, misuse, or unlawful disclosure of any data viewed, printed, or downloaded from your account.
• Under no circumstances shall CAHMI be held liable for any loss incurred from a loss of account information, unauthorized access/use of your account or its data, and/or from harmful or malicious code.
• Should you violate the terms of this Agreement, you agree to indemnify, defend and hold CAHMI harmless from any such claim, including but not limited to attorney fees and costs incurred in the defense of any such claims.

Proprietary Rights, including Copyright and Trademarks/Service Marks

Cycle of Engagement Website, Online Promoting Healthy Development Survey and CARE_PATH for Kids

The Center for the Advancement of Innovative Health Practices owns and retains all proprietary rights in the Cycle of Engagement, Online Promoting Healthy Development Survey, and CARE_PATH for Kids websites. All content, formats, information, and functionalities of this website are copyrighted by the Center for the Advancement of Innovative Health Practices. The Center for the Advancement of Innovative Health Practices shall retain exclusive right, title and interest (including all intellectual property rights) in and to all materials that are part of the website (including past, present and future versions), including, without limitation: art, icons, graphics, layout, text, images, audio and/or video, designs, features, advertisements, logos, domain names, trade names and marks, and service marks, any and all copyrightable material, the “look and feel”, the compilation, assembly and arrangement of the materials of the Service, and all other materials or content made available in the website and any such website content is protected from unauthorized use, copying and dissemination by applicable copyright, trademark, patent, publicity and other laws, rules, regulations and international treaties.

Well Visit Planner

Oregon Health & Science University (OHSU) owns and retains proprietary rights in the WVP. All content, formats, information, and functionalities of this site are exclusively licensed to and copyrighted by the Center for the Advancement of Innovative Health Practices DBA CAHMI.

Confidentiality

• The information you provide on the Cycle of Engagement website is confidential.
• The email address that you use for receiving email updates or registering for a COE account will not be shared or sold with any third parties.
• Identifying information connected to your computer (IP address) will not be recorded.
• When using the ‘Invite families feature’ which allows you to send a pre-scripted email and/or SMS “text message” invitation, it is your responsibility as the Provider to obtain patient consent to communicate via unencrypted messaging.
• CAHMI requires the collection of the minimum necessary personally identifiable information (PII) to associate Clinical Summary and Well Visit Guide to child. A security management risk analysis, conducted in accordance with 45 CFR § 164.308(a)(ii)(A) has determined that the information CAHMI collect represents a minimal risk to a loss of privacy and/or a breach of confidentiality
• Depending on choices made by COE account holders and families in either the WVP Use Portal and use of the WVP Family Website, CAHMI may collect additional PII. The collection of additional potentially personally identifying information may require explicit consent from users.
• All potentially sensitive or personally identifiable information will collected and stored in a manner consistent with Health Insurance Portability and Accountability Act of 1996 (HIPAA).
• Clinicians, health care providers, health systems and other organizations that have an account with the COE and have enabled use of the WVP Family Website can request a summary report of the aggregated data and/or population-based data collected.
• Clinicians, health care providers, health systems and other organizations who have an account with the COE and have enabled use of the Online PHDS Family Website can generate deidentified, summary reports of aggregated findings based on parents’ responses on the Online PHDS Family Website, specific to their practice or organization.
• Clinicians and health care providers will not be able to identify individual responses or who completed the Online PHDS.
• The CAHMI team can use the deidentified aggregated findings from family responses on the WVP and Online PHDS tools for research purposes.

By using the COE website, you expressly agree to the terms set forth in our Privacy Notice, which further describes how we may collect, use, or disclose the information you provide when you use that website.

Cycle of Engagement Provider and Family Accounts, Fees, Billing, and Termination

• By completing the registration process, you may create a COE account (an “Account”) and become a registered member (a “User”) and access the website. To create an Account, you must provide such information as may be requested during the registration process or requested from time to time in our sole discretion. You must provide truthful and accurate information during the registration process. You will receive email and other communications from us relating to or deriving from your use of the website. By disclosing your email and other contact information during the registration process, you agree that we may send you such communications. You may choose to opt-out of receiving such communications. You will no longer receive communications contemplated by this Agreement if your account is terminated.
• You may create an Account and use the website without paying any registration or subscription fees. However, CAHMI, in its sole and absolute discretion, may, from time to time, modify, amend, or supplement the terms and billing methods relating to fees and charges, and post those changes on the Cycle of Engagement website. Such modifications, amendments or supplements shall be effective immediately upon posting on the website. If any change is unacceptable to you, your sole remedy is to cancel your Account and cease using the website and/or services. If applicable, all fees and charges are non-refundable unless expressly provided otherwise in this Agreement or pursuant to applicable law. We will not refund or issue any written receipts for any fees or charges you pay in connection with the Service. You must procure, provide, and bear the expense for all equipment, software and other technologies and data access plans necessary to access the website, including, a personal computer or mobile device suitable to connect with the website and an internet connection.
• You have the right to terminate your Account and/or cease accessing and using the website at any time by following the procedures continued in the website. You understand and agree that unless otherwise expressly provided for in this Agreement, terminating your Account and ceasing access and use of the website are your sole right and remedy with respect to any dispute.

Without limiting any other remedies, we may suspend or terminate your Account and your access to and use of the website at any time if you are, or we suspect that you are, failing to comply with this Agreement with or without notice to you. We reserve the right to stop offering and/or supporting the website at any time for any valid commercial reason, at which time your license to access and use the website will automatically be terminated without further action.

Links

For the convenience of our users, the website may provide certain links to other applications, services and websites provided by third parties. CAHMI is not responsible for the content of any other applications, services or websites linked to or from the website. If you follow any such links, you leave the website and you do so entirely at your own risk. CAHMI provides links from the website solely as a convenience to you and in no way should this be interpreted as a referral or endorsement of any content, sponsor or owner of any other applications, services and/or websites. CAHMI DISCLAIMS ALL WARRANTIES, RESPONSIBILITIES, LIABILITIES, CONDITIONS OR OTHER TERMS EXPRESSED OR IMPLIED AS TO ANY SUCH LINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, AS TO ACCURACY, OWNERSHIP, VALIDITY OR LEGALITY OF ANY CONTENT OF A LINKED APPLICATIONS, SERVICES OR WEBSITES, AND FOR ANY OF YOUR INFORMATION COLLECTED OR USED BY ANY SUCH THIRD PARTIES.

Warranties

CAHMI PROVIDES CYCLE OF ENGAGEMENT, WELL VISIT PLANNER, ONLINE PROMOTING HEALTH DEVELOPMENT SURVEY, AND CARE_PATH FOR KIDS ON AN "AS IS" BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO CYCLE OF ENGAGEMENT, WELL VISIT PLANNER, ONLINE PROMOTING HEALTH DEVELOPMENT SURVEY, AND CARE_PATH FOR KIDS. CAHMI SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

CAHMI does not warrant that your use of Cycle of Engagement tools will be uninterrupted, always available, and error-free or will meet your requirements, or that any defects in the tools will be corrected. CAHMI DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF the Cycle of Engagement, Well Visit Planner, Online Promoting Health Development Survey, and CARE_PATH for Kids.

Legal Rights and Limitation of Liability

The Center for the Advancement of Innovative Health Practices retains all legal rights associated with the operation of this website.

LIMITATION OF LIABILITY. IN NO EVENT SHALL THE WEBSITE PROPRIETORS OR ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE THE WEBSITE, THE CONTENT, MATERIALS OR FUNCTIONS OF THE WEBSITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL ANY WEBSITE PROPRIETOR BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE WEBSITE. IN NO EVENT SHALL THE TOTAL LIABILITY OF THE WEBSITE PROPRIETORS TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS AND CONDITIONS OR YOUR USE OF THE WEBSITE EXCEED, IN THE AGGREGATE, $100.00.

Complaints

We respect the intellectual property rights of others and require that the people who use the website do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the contact below:

• Your address, telephone number, and email address;
• A description of the copyrighted work that you claim has been infringed;
• A description of where the alleged infringing material is located;
• A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
• A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

The submission should be made to the contact identified below.

Contact Information

If you have questions or concerns about this Use Agreement, please feel free to contact us at info@cycleofengagement.org.