Please read this page carefully. This page states specific Terms and Conditions under which you, the website visitor (hereinafter "you", "your" or "visitor") may use this site, the content of which is owned by or licensed to the National Childhood Obesity Foundation ®, Inc. and is operated and administered by the National Childhood Obesity Foundation®, Inc. By using this site, you agree to be bound by all of the Terms and Conditions set forth below. If you do not accept these Terms and Conditions, please do not use this site. The National Childhood Obesity Foundation®, Inc. may, in its sole discretion, revise these Terms and Conditions at any time; therefore, you should visit this page periodically to review the Terms and Conditions.
The National Childhood Obesity Foundation®, Inc. seeks to improve and raise the overall health knowledge of children through the creation of a series of engaging and innovative family-oriented national annual health education tours, internship programs, multi-media, and via this website herein. Although it strives for timeliness and accuracy in all of its Content materials, the National Childhood Obesity Foundation®, Inc. makes no representations, warranties, covenants, or assurances as to the availability, accuracy, currency, completeness, or appropriateness of this site or its contents. The National Childhood Obesity Foundation®, Inc. shall not be liable for any damages or injury resulting from your access too, or inability to access, or use of this site, including, without limitation, any damages or injury arising or resulting from any links to other third party sites contained within or referred to in this site.
The National Childhood Obesity Foundation®, Inc. is committed to preserving your right to privacy. The National Childhood Obesity Foundation®, Inc. does not collect identifying information about you (such as your name, address, telephone number, or email address, etc.) unless you voluntarily submit that information to us through the Foundation's Contact Us page, Express Email page, Newsletter page, or by any other current or future electronic and/or communication means.
Please do not provide any confidential information (including health information) about you or anyone to us via electronic and/or written communication. Any information you do submit to us is treated as confidential and is not sold or otherwise disclosed to third parties (see Fundraising, and Visitor and General Public Submissions sections below).
The Contact Us page is the primary means of communication with the Foundation management, staff and Advisory Board member(s) for a website visitor. Website visitors may use the Contact Us page to send content suggestions or general questions concerning nutritional health and proper physical activity for pre-K and K-6 children and guidance for gatekeepers (parents, teachers, etc.) through our Advisory Board (the function of answering general nutrition and physical activity question shall commence upon the Foundation reaching specific future funding targets). Website visitors may at any time use this form to ask general questions about the Website, content or children's nutrition and physical activity, communicate privacy concerns, and/or submit praise and/or complaints. All comments will be reviewed by the Foundation staff and then forwarded to selected Advisory Board members depending on content-related issues. The All technical and operational issues are forwarded to the Executive Director for handling. The National Childhood Obesity Foundation®, Inc. reserves the right not to respond to any visitor email, via the Contact Us page, or by any other means cited above. All questions and comments are reviewed on a case-by-case basis for content and reasonableness for determination of responsiveness or non-responsiveness by the Foundation. Any requests from visitors for any visitor personally identifiable information (such as an email address, mailing address, etc.) will never be honored. The only way visitor personally identifiable information is collected is if the visitor voluntarily types such information into one of the open text fields in any of the areas mentioned above. The Contact Us page is secured using 128-bit encryption. Any information submitted through the Contact Us page is not stored and is deleted once it is read by the appropriate staff.
The only personally identifiable information that is actively collected by the Foundation are email addresses of individuals who opt-in to our Express Email program. These email addresses are only used for delivering our Express Email newsletters. These addresses are not typically viewed by any Foundation personnel unless there is some problem with the database. Users may remove their email address from our list by unsubscribing at our Express Email page.
The National Childhood Obesity Foundation®, Inc. reserves its right to use any information collected from outside sources and from the website herein for fundraising marketing purposes at a later date. This collected information maybe used by Foundation contracted third parties for solicitation fundraising purposes only. Such information will be treated as confidential and used for Foundation contact fundraising purposes.
AWhen you visit the site, the National Childhood Obesity Foundation®, Inc. may automatically collect certain non-identifying information about you, such as the type of browser or computer operating system you use or the domain name of the site from which you linked to us. Any automatically collected information may be maintained indefinitely and used for our internal business such as assessing traffic patterns and usage of various features on the site, but will not be sold or otherwise
disclosed to third parties for other than for the fundraising and marketing purposes cited above.
Notwithstanding any other statements or representations here or elsewhere on our site, National Childhood Obesity Foundation®, Inc. reserves its right to disclose any information in its possession if it is required to do so by law, or it believes, in good faith, that such a disclosure is necessary to comply with the law, defend its rights or intellectual property, or to respond to an emergency situation.
If you are concerned about the information you have provided to National Childhood Obesity Foundation®, Inc. or would like to review, update or delete that information, please contact us at:
National Childhood Obesity Foundation, Inc.
P.O. Box 593
Marblehead, MA 01945
National Childhood Obesity Foundation®, Inc. will make reasonable efforts to comply with your wishes.
Our future kid friendly sections including: Henry the Healthy Shark and Alisha the Active Shark®, Henry's and Alisha's Kids NewsletterSM, "The Healthy and Active Adventures of Alisha and HenrySM" and other such sections are intended to be a safe resource for children under 12 and expecting and young parents to find informative, useful, age-appropriate nutrition and physical activity information. Although National Childhood Obesity Foundation®, Inc. is a non-commercial, non-profit, tax exempt, charitable foundation and as such is not subject to the Children's Online Privacy Protection Act, it takes children's privacy very seriously. National Childhood Obesity Foundation®, Inc. does not share or sell the information sent to it, whether by children or anyone else. National Childhood Obesity Foundation®, Inc. does not advertise third-party products to children. National Childhood Obesity Foundation®, Inc. does not collect any personally identifiable information from children with one exception. To all of its visitors, Newsletter offers, or Express Email, which is an opt-in weekly newsletter that informs visitors of new content on the site. Visitors may sign up for the Foundation Newsletter and/or Express Email through a 128-bit encrypted page that collects only an email address and no other information about the visitor - thus the Foundation does not know the age of any visitor who enrolls. Our Contact Us page does not ask for any personally identifiable information. Sometimes, children write National Childhood Obesity Foundation®, Inc. with a personal medical question, as cited above, the National Childhood Obesity Foundation®, Inc. does not answer such questions and does not collect email addresses on the Contact Us form in order to be able to respond. However, there may be times when a visitor includes an email address and an Advisory Board member believes it is advisable to ask a follow-up question or offer a comment. Again only general questions regarding nutritional health and physical activity are meant be answered. Only in very rare and serious instances will the Foundation respond to an individual visitor. However, it is important to note that if a user communicates a serious issue but does not include an email address, there will be no way for the Foundation to respond in kind. The National Childhood Obesity Foundation®, Inc. purports herein that it does not hold itself out to be in the practice of medicine, psychiatry and/or psychology, kinesiology, or primary and grammar school education in any form or manner, and as such makes no such claims of such practices worldwide.
The National Childhood Obesity Foundation®, Inc. employs reasonable security measures to protect the personal information you submit to it. Such security involves the use of SSL-secured Web forms, Firewalls, and other commonly employed security methods.
The National Childhood Obesity Foundation®, Inc. welcomes your comments and suggestions on its site and Content. However, you acknowledge herein that if you send us any suggestions, ideas, notes, drawings, concepts, inventions, intellectual property, or any other information, (collectively, the "Information"), that this Information shall be deemed, no matter how or by whom it is received (email, regular mail, FedX, fax, etc.), the exclusive property of the National Childhood Obesity Foundation®, Inc. in perpetuity. Said Information will be entitled to unrestricted use by the National Childhood Obesity Foundation®, Inc. for any purpose whatsoever, commercial or otherwise, without any form of compensation to you, or your heirs, or your estate.
As a visitor of this site, you are responsible for your own communications and are responsible for the consequences of their posting. Therefore, do not do any of the following things: transmit to us material that is copyrighted, unless you are the true copyright owner or have the written permission of the true copyright owner to post it; send material that reveals trade secrets, unless you are the true owner or have the written permission of the true owner; send material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; send material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user, or visitor, or any other person or entity; send sexually explicit images; send advertisements or solicitations of business; send chain letters or pyramid schemes; or impersonate another person.
The National Childhood Obesity Foundation®, Inc., Inc. reserves the right to expel users and prevent their further access to this site for violating these terms or the law and reserves the right to remove any communications from this site. The violation of any of the terms and conditions set forth on this Terms and Conditions page shall result in the immediate revocation of your right to use the Content and obligates you to immediately destroy any copies of the Content in your possession.
Any future Newsletter articles and features published on this site shall undergo a vigorous editorial process that includes extensive review by medical professionals. However, all information on this site is for educational purposes only. For specific medical advice, psychological issues, diagnoses, and treatments of any kind, please consult your doctor, physician, or a psychologist immediately.
The staff shall make every effort to be as neutral as possible with regard to gender, race, color, religion, and age. Within the articles, the site takes turns referring to infants, children, and teens as "he" or "she." Remember that even if an article says he or she, it is referring to male and female infants, children, and teens, unless otherwise specified.
This site may contain links to other websites owned by third parties. These links appear as related resources. These resources are listed on a separate page and users are cautioned at the top of these pages that clicking links to listed resources will take them off the site. These links are provided solely as a convenience to you and are not an endorsement by the National Childhood Obesity Foundation®, Inc. of the contents of those other sites. The National Childhood Obesity Foundation®, Inc is not responsible for the content of any linked sites and makes no representations regarding the content or accuracy of materials on such sites. If you decide to visit any third-party sites using links from this site, you do so at your own risk (see Use of Site Material below).
The National Childhood Obesity Foundation®, Inc. does not warrant that the site will operate error-free or that the site or its server are free of computer viruses or other harmful material. If Your use of the site or the site's material results in the need for servicing or replacing of equipment or data, the National Childhood Obesity Foundation®, Inc. shall not be responsible for those costs. This site and its material are provided on an "as is" basis without any warranties of any kind. The National Childhood Obesity Foundation®, Inc. to the "FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE".
IN NO EVENT SHALL the National Childhood Obesity Foundation®, Inc., ITS EDUCATIONAL PARTNERS, ADVISORY BOARD, BOARD OF TRUSTEES, MANAGEMENT AND STAFF, OR ANY THIRD PARTIES MENTIONED IN THE SITE CONTENT, BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE MATERIAL ON THIS WEBSITE OR SITES LINKED TO THIS WEB SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER the National Childhood Obesity Foundation®, Inc. IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The contents of this site, including, without limitation, text, graphics, images, and any other content (the "Content") are either owned by or licensed to the National Childhood Obesity Foundation®, Inc. and are protected by copyright under both United States, EU, NAFTA, and under other foreign laws. Unauthorized use any website Content, without first receiving permission, in writing, from the National Childhood Obesity Foundation®, Inc. for any use, violates copyright, trademark, other intellectual property law, and other domestic and international laws. If written permission from the National Childhood Obesity Foundation®, Inc. is granted you agree to strictly abide by the written permission granted, and to retain all copyright and other proprietary notices contained in the original Content on any copy you make of any such material. In addition, you agree not sell or modify the Content or reproduce, display, distribute, or otherwise use the Content in any fashion and/or manner for any public or commercial purpose other than those allowed and/or authorized by the prior granted written permission of the National Childhood Obesity Foundation®, Inc. Use of any Content from links to other third party website(s) used or cited herein (in the Content) or in a networked environment is prohibited, unless written permission for said use was received prior to use from the true owner of that website material. The National Childhood Obesity Foundation®, Inc. does not grant in any form or fashion permission to use in any manner linked content from other sites of any third party (see Site Links above).
This site originates from Marblehead, Massachusetts. National Childhood Obesity Foundation®, Inc does not claim that the Content on this site is appropriate in any manner or may be used outside of the United States. Access to the Content may not be legal by certain persons, corporations, or in certain countries. If you access the site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
These Terms and Conditions are governed by the substantive laws of the Commonwealth of Massachusetts, without respect to its conflict of laws principles. You agree to submit to the jurisdiction of the courts situated in the Commonwealth of Massachusetts with respect to any dispute, disagreement, or cause of action related to or involving this site. If any provision is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided elsewhere in this site, these Terms and Conditions constitute the entire agreement between you and National Childhood Obesity Foundation®, Inc. with respect to your use of this site.
N.C.O.F.®, P.O.W.E.R.®, National Childhood Obesity Foundation®, Henry the Healthy Shark®, Alisha the Active Shark®, "I.C.O.F.®", "International Childhood Obesity Foundation®", Teaching Health In Nutrition and Kinesiology®, and Eat Smart Play Smart® are all U.S.P.T.O. registered service marks, copyrighted, and exclusively licensed to N.C.O.F.®. The service marks "Kids T.H.I.N.K. Health First Club SM"; "American Childhood Obesity Foundation SM"; "A.C.O.F. SM" and "T.H.I.N.K. SM" are copyrighted and owned by N.C.O.F.® in that specific format. The word THINK is owned by International Business Machines (IBM is the true mark rights holder). The word THINK has been exclusively granted or licensed, in writing, to N.C.O.F.® for use in the form T.H.I.N.K.SM for the N.C.O.F.®"Teaching Health In Nutrition and Kinesiology®" healthcare curriculum for toddlers, children, expecting parents, parents, grandparents, teachers and other care-givers of children for worldwide use in perpetuity.