Provider
Member Terms & Conditions
(Please print for
future reference)
Provider Member User Agreement
Provider Member understands and agrees that
Certified Teen Help Organization and it’s affiliates
reserve the right to cancel and terminate any user of it’s services for
fraudulent activities including; providing false information for business or
monetary gains, marketing purposes, or any other type of sale or transfer of
illegal activities or products.
Providing false information, falsifying your identity; using our
services for any other reason except what it is intended for, will result in
your Provider Member account area and login area being terminated and or
suspended at CTHO’s discretion. This
agreement also includes our chat, video, messaging and site presence
services. Certified Teen Help
Organization may cancel any services we provide to you at our discretion and
for any reason we deem necessary for the betterment of our customers, members
and consumers. Provider Member
understands and agrees that your information may be shared with third party consumers
for service and business purposes relating to the teen help industry.
Privacy
Policy's
What follows is CERTIFIED
TEEN HELP ORGANIZATION’s privacy policy, which governs personal information gathered
on our Internet sites www.cthorg.com and their aliases {.org, .net .us, .info,
.biz, .tv, etc.} CTHO has its own
privacy and security policies for its web site, consistent with policy
established by Certified Teen Help Organization Board of Directors, whether
that site is a sub-domain of www.cthorg.com
or is hosted independently of CERTIFIED TEEN HELP ORGANIZATION. To check out
the privacy and security policies of CTHO, please look below.
CERTIFIED TEEN HELP ORGANIZATION's
Commitment to Security
Physical, electronic and managerial
procedures have been employed to safeguard the security and integrity of
personal information. CERTIFIED TEEN HELP ORGANIZATION encrypts billing
information wherever CERTIFIED TEEN HELP ORGANIZATION requests it. All CERTIFIED TEEN HELP ORGANIZATION agents
and contractors with access to personal information obtained on Certified Teen
Help Organization web sites are also bound to adhere to this policy as part of
their contract with CERTIFIED TEEN HELP ORGANIZATION. To protect the security of information
supplied by businesses or person’s requesting for participation in the CTHO
Certification membership program, businesses or individuals are provided user
names and passwords to access their information.
Identity Authentication
We use many techniques to
identify our users when they register on our site. Verification of Users is
only an indication of increased likelihood that a User's identity is correct.
You authorize CTHO, directly or through third parties, to make any inquiries we
consider necessary to validate consumer’s registration. CTHO cannot and does
not guarantee any consumers Identity.
Any e-mail or other communication requesting your password,
asking you to provide sensitive account information via email, or linking to a
website with a URL that does not begin with www.cthorg.com
should be treated as unauthorized and suspicious and should be reported to CTHO
immediately. If you do share your CTHO password with a third party for any
reason, including if the third party has promised to provide you additional
services such as account aggregation, the third party will have access to your
account and your personal information, and you may be responsible for actions
taken using your password. If you believe someone else has obtained access to
your password, please change it immediately by logging in to your account at www.cthorg.com and changing your profile
settings, and also contact us right away.
Personal Information that CERTIFIED TEEN
HELP ORGANIZATION May Collect
CERTIFIED TEEN HELP
ORGANIZATION collects personal information including names, addresses, licensing,
insurance, employee records, training, postal and e-mail addresses, phone and
facsimile numbers, billing information, and complaint information. Certified
Teen Help Organization may also collect business information from sole
proprietorships that apply for membership and for program participation, some
of which could constitute personal information, as well as personal information
from individuals acting solely in their business capacity.
A Special Note about Children
Children are not eligible
to use our service and we ask that minors (under the age of 18) do not submit
any personal information to us or use the service. Certified Teen Help
Organization does knowingly receive and maintain personal information about
children under the age of 12 for the sole purpose of obtaining this information
from consumers (Parents, Professionals, Guardians) who willing and voluntarily
provide us this information so services can be rendered with member
organizations from which the consumer are giving CTHO consent to conduct on the
child’s behalf. In addition, no part of our sites are designed with the purpose
of attracting any person under age 18 to directly use the CTHORG.COM website. Services
can and may be used to help children under the age of 18 by Adults who are
privileged to this information.
How CERTIFIED TEEN HELP ORGANIZATION
Collects Personal Information
Unless you otherwise consent, we will use your
personal information only for the purpose for which it is submitted, such as to
reply to your emails, handle your complaints, provide services and process
billing and business requests and practices related to program participations
in which requested and we will use such information to provide operational
notices, in program record-keeping and to conduct research on industry
marketplace practices. Our research may lead to the publication of aggregate
demographical data but will not result in the reporting or publication of any
personal information provided to us though it may include public information
based on your organization that was consented and provided to CTHO. We take
great care in keeping non public information safe and secure.
The CTHO Web site includes
links to third party Web sites. These sites are governed by their own privacy
statements, and CTHO is not responsible for their operations, including but not
limited to their information practices. Users submitting information to or
through these third party Web sites should review the privacy statement of
these sites before providing them with personally identifiable information.
How Your Information May Be Shared
Please note that your
personal information will be stored and processed on our computers in the
We never sell or rent your personal information except where agreed upon in the
Terms and Conditions to use for Certified Teen Help Organization’s services and
sales.
Certified Teen Help
Organization may also release personal information under the following
circumstances:
Notification of Changes
This policy may be revised
over time as new features are added to the CTHO website www.cthorg.com or we incorporate suggestions
from our consumers. If we are going to use or disclose your personally
identifiable information in a manner materially different from that stated at
the time we collected the information, you will have a choice as to whether or
not we use or disclose your information in this new manner. Any material
changes will be effective only after we provide you by e-mail with at least 30
days' notice of the amended Privacy Policy (if you have closed your CTHO
Consumer Account, you will not be contacted to notify you of the amended Policy
and your personal information will not be used or disclosed in this new
manner).
We will post the amended Privacy Policy prominently on our Web site so that you
can always review what information we gather, how we might use that
information, and whether we will disclose it to anyone. Please check the CTHO Web site at www.cthorg.com at any time for the most current version of
our Privacy Policy.
Help Us Keep Your Personal Information
Accurate
If your personal or
business information changes or you would like to review the personal
information we may have on file, please go to your member or consumer login
area where you may be able to change and update it yourself. If no changes were
made on your account within a 48 hour period, please e-mail us so we may help
you with the new information. Let us
also know what led to your submission of personal information so we may
efficiently locate your information.
Computer Tracking and Cookies
A cookie is a small amount
of data that is sent to your browser from a Web server and stored on your
computer's hard drive. Certified Teen Help Organizations uses non-identifying
cookies to provide easier site navigation and access to forms. You can still
use Certified Teen Help Organization sites if your browser is set to reject
cookies. Our cookies do not generate personal data, do not read personal data
from your machine and are never tied to anything that could be used to identify
you.
Our websites are not set up
to track, collect or distribute personal information not entered by visitors,
members or consumers. Our site logs do generate certain kinds of
non-identifying site usage data, such as the number of hits and visits to our
sites. This information is used for internal purposes by technical support
staff to provide better services to the public and may also be provided to
others, but again, the statistics contain no personal information and cannot be
used to gather such information.
Our web sites also
recognize the site where a visitor "clicked-to-check" on the CTHO
emblem of a CTHO program participant or member, but we cannot identify the visitor
or the visitor's address. Site information is used to confirm participation in
the CTHO program, and may be used to advise
participants of the numbers of visitors who come to our CTHO site from their
sites. No personal information is collected.
Customer Service with CERTIFIED TEEN HELP
ORGANIZATION
User’s
(Consumer / Provider Member) Complaints and Agreements
In order to process a
complaint, Certified Teen Help Organization may send the complaint to the
company the consumer complained about, handle it itself, or refer the complaint
to another appropriate organization for handling. Depending on the type of
complaint, Certified Teen Help Organization will also try and discuss issues
and problems with the Organization before any other actions are taken. Further,
when we receive a request or inquiry that CTHO must handle, we forward the
request or inquiry to the appropriate CTHO personnel department who specializes
in this area.
Without submission of the
requested information, Certified Teen Help Organization will not be able to
process your complaint. Providers and Members agree that CTHO reserves the
right to suspend or terminate a Provider Membership at any time for substantial
complaints that are not resolved, fraudulent activities, unsatisfactory customer
services, etc.
If you have a complaint
about CERTIFIED TEEN HELP ORGANIZATION compliance with this privacy policy, you
may contact us at www.cthorg.com.
Expectations for Ethical Business to Customer Conduct
The following
statements represent the four principles upon which this Code is based. These
principles should be read in conjunction with the supporting details that are
available through the adjacent hyperlinks.
Expectation 1:
Truthful and Accurate Communications.
Advertisers representing organizations should not
engage in deceptive or misleading practices with regard to any aspect of
electronic commerce, including advertising, marketing, or in their use of
technology.
Expectation 2: Disclosure.
Organizations should disclose to their customers and prospective
customers information about the business, the goods or services available for
purchase and the transaction itself
Advertisers representing organizations or persons should adopt
information practices that treat customers’ personal information with
care. They should post and adhere to a
privacy policy based on fair information principles, take appropriate measures
to provide adequate security, and respect customers’ preferences regarding
unsolicited email.
Organizations should seek to ensure their customers are satisfied by
honoring their representations, answering questions, and resolving customer
complaints and disputes in a timely and responsive manner.
Link and Emblem information
You must notify CERTIFIED TEEN HELP
ORGANIZATION by going through the Provider Certification process. Please include your name,
your organization name, contact information (such as a phone number and/or
e-mail address) as well as the URL of your site and all other required
information we request in the processing area. Allow up to 1-5 days for a
certification.
Please also read the
following terms and conditions applying to use of our web site.
No use of Certified Teen
Help Organization emblem logo or other design trademark of CERTIFIED TEEN HELP
ORGANIZATION will be allowed for linking without a trademark license agreement
from CERTIFIED TEEN HELP ORGANIZATION. A Trademark License agreement is only
granted through the Completion of the Provider Member Certification Process.
You will be granted authorization confirmation through a
email verification process.
Without prior approval and
express written permission, you may not create frames around
CERTIFIED TEEN HELP
Organization’s web emblem or use other techniques that alter in any way the
visual presentation or appearance of our emblem.
CERTIFIED TEEN HELP
ORGANIZATION will approve link requests from these organizations if CERTIFIED
TEEN HELP ORGANIZATION determines that: (a) the link would not reflect
unfavorably on Certified Teen Help Organization, http://www.cthorg.com and its members for
example, trade associations or other organizations representing inherently
suspect types of business, (b) such as businesses that can not prove license,
certification, or qualified permit to legally operate and provide the services
for which they render, shall not be allowed to link; (c) the benefit to
CERTIFIED TEEN HELP ORGANIZATION from the visibility associated with the
hyperlink outweighs the absence of CERTIFIED TEEN HELP ORGANIZATION membership;
and (d) where the link is in the context of general resource information or is
otherwise consistent with editorial content in a newsletter or similar product
furthering the mission of the organization.
These organizations may
link to CERTIFIED TEEN HELP ORGANIZATION’s home page at www.cthorg.com, or one of
it’s aliases to publications or to other web site information so long as the
link: (a) is not in any way misleading; (b) does not falsely imply a false
misrepresentation of the linking party and it products or services; and (c)
fits within the context of the linking party's site.
Do not use Certified Teen
Help Organizations Certified Emblem Links or design anywhere on a website,
publication, media, transmission, fax, email, computer, paper, or for
commercial gain without completing a membership process and then having
permission to do so by approval and authorization by CTHO, www.cthorg.com or any other affiliate we are
known by. Doing so would be a violation
of company policies and would possibly lead to legal action.
Provider Member Emblem Rating & Emblem
Verification Page
Provider Member being certified through our
Certification Process understands and agrees that their Emblem Rating will
guide users to their Emblem Verification Page which will be used to provide
services, products and allow consumer use through the internet. Certified Teen Help Organization, www.cthorg.com, or CTHO and any other aliases
we are known by will not be responsible for any liability, harm, and services
rendered that are negligent within this service or information offered to
consumers. Provider Member also
understands and agrees that Certified Teen Help Organization operates aspects
of this service through www.cthorg.com or
other aliases of www.cthorg.com, and will
be used by consumers and the public to gather and purchase information. Provider Member release CTHO and Certified
Teen Help Organization from any liability that could happen from this service
when sharing information on your Organization.
CERTIFIED TEEN HELP
ORGANIZATION shall have no responsibility or liability for any content
appearing on a Providers web site. You agree to indemnify and defend CERTIFIED
TEEN HELP ORGANIZATION against all claims arising out of or based upon your web
site. No link(s) may appear on any page on your web site or within any context
containing content or materials that may be interpreted as slanderous, obscene
or criminal, or which infringes, otherwise violates, or advocates the infringement
or other violation of, any third party rights.
CERTIFIED TEEN HELP
ORGANIZATION reserves the right at any time and in its sole discretion to
request that you remove all links or any particular link to CERTIFIED TEEN HELP
ORGANIZATION's web site from your site. You agree to immediately remove all
links to CERTIFIED TEEN HELP ORGANIZATION's web site upon such request.
CERTIFIED TEEN HELP ORGANIZATION also reserves the right to amend these terms
and conditions and it’s linking policy at any time. By
continuing to link to Certified Teen Help Organization web site, you agree to
be bound to and abide by these linking terms and conditions.
From time to time, we may,
with permission from the site owner, decide to link to web sites that we
determine may be of interest to our visitors. These web sites may offer
educational, governmental or other resources or may be owned or controlled by
other third parties.
We are not responsible for
the content of any linked site, any link(s) contained in any linked site, or
any changes or updates to the information contained in such sites. CERTIFIED
TEEN HELP ORGANIZATION provides links to third party sites only as a
convenience and the inclusion of any such link on our site does not imply
CERTIFIED TEEN HELP ORGANIZATION's endorsement of either the site, the
organization operating such site, or any products or services of that
organization. A visit to any site or page from our web site via any such link
is done entirely at your own risk.
We strongly recommend
reading any Standard Terms and Conditions, Privacy Policy, Disclaimers or other
notifications that may be found on any such third party web sites. Under no
circumstances will CERTIFIED TEEN HELP ORGANIZATION be held responsible or
liable, directly or indirectly, for any loss or damage that is caused or
alleged to have been caused in connection with the use of, or reliance on, any
content, goods or services available on any other site.
Should you find any link on
our web site or any linked web site objectionable for any reason, you may send
us a request to remove the link from our web site to http://www.cthorg.com CERTIFIED TEEN HELP
ORGANIZATION will consider all such requests but shall have no obligation to
remove any links or respond.
Trademarks
Certified Teen Help
Organization, CTHO, CTHORG, CTHORG.COM and Certified Teen Help Organization,
LLC. Emblem and CTHO logos are registered service marks owned by Certified Teen
Help Organization. These marks may be used, with certain restrictions, by and
eligible companies participating in Certified Teen Help Organization programs
under a Membership agreement. It is CERTIFIED TEEN HELP ORGANIZATION’s policy to
take action against all unauthorized use of its marks, emblems, logos etc.
CTHO, www.cthorg.com, Certified Teen Help
Organization LLC.
, and all related logos, emblems, products and services described in this
website are either trademarks or registered trademarks of Certified Teen Help
Organization, LLC, or its licensors, and (aside from the circumstances
described below) may not be copied, imitated or used, in whole or in part,
without the prior written permission of CTHO. In addition, all page headers,
custom graphics, button icons, and scripts are service marks, trademarks,
and/or trade dress of CTHO and may not be copied, imitated, or used, in whole
or in part, without the prior written permission of Certified Teen Help
Organization, LLC.
Certified Teen Help
Organization owns a number of trademarks, including, among others, the names
Certified Teen Help Organization and CTHORG. Any use of these marks by others
must be with the express permission of Certified Teen Help Organization, LLC
In most instances, when we
advise a company that it is misusing or infringing on our trademarks, the
company readily complies with our request to modify its advertising or web
site. From time to time, however, Certified Teen Help Organization may have to
sue infringers. We also try to advise
the public about companies that continue without authorization to use our
marks. The Internet has made this easier.
Violators
We will have a
list on our web site of companies that do not have our permission to use our
marks. This list will not be a link to
their website, only the organization name. If it is known or found that a organization or company is improperly using our marks, a
verbal request will be made followed by legal action if changes are not agreed
upon.
Customer Service Correspondence
If you send us
correspondence, including e-mails and or faxes, we retain such information in
the records of your account. We will also retain customer service
correspondence and other correspondence from CTHO to you. We retain these
records in order to measure and improve our customer service, and to
investigate potential fraud and violations of our User Agreement. We may, over
time, delete these records if permitted by law.
Questionnaires, Surveys and Profile Data
From time to time, we offer
optional questionnaires and surveys to our users for such purposes as
collecting demographic information or assessing users' interests and needs. The
use of the information collected will be explained in detail in the survey
itself. If we collect personally identifiable information from our users in
these questionnaires and surveys, the users will be given notice of how the
information will be used prior to their participation in the survey or
questionnaire.
Non-member Recipients and Requests
When a member either sends
a payment to, or requests a payment from, an individual who is not a registered
member of CTHO, we will retain the information that the member submits to us,
including, for example, the other party's email address and/or name, for the
benefit of the member who is attempting to contact the non-member, so that the
member can see a complete record of his or her transactions, including
uncompleted transactions. Although this information is stored indefinitely, we
will not market to the non-member in any way at any time. Additionally, these
non-members have the same rights to access and correct information about
themselves (assuming that their email addresses were correct enough to reach
them) as anyone else who uses CTHO.
Internal
Uses
We collect, store and process your personal
information on servers located in the
We give access to individually identifiable information about our users only to
those employees who require it to fulfill customer service requests.
Disclosure
to Other CTHO Members
If you are a registered CTHO user, your name,
e-mail address, and date of sign-up are displayed to other CTHO consumers. If
you are a Provider Member account holder, we will also display to other CTHO consumers
the Web site address (URL) and customer service contact information that you
provide us. However, your credit card number, bank account and other financial
information will NEVER be revealed to anyone whom you have paid or who has paid
you through CTHO, this is handled by 3rd party payment processors
except with your express permission or if we are required to do so pursuant to
a subpoena or other legal process.
We work with third party merchants to enable them
to accept CTHO payments from you. Merchants who offer this service will share
personally identifiable information you provide to them with CTHO to validate
the status of your ability to pay with or to CTHO or the existence of your
account. You permit CTHO to return verification results of the validity of the
personally identifiable information passed to CTHO.
CTHO does not store the personally identifiable information provided by these
merchants to validate the existence of your account.
We communicate with users on a regular basis via
e-mail to provide requested services, and we also communicate by phone to
resolve customer complaints or investigate suspicious transactions. We use your
e-mail address to confirm your opening of a CTHO account, to send you notice of
payments that you send or receive through CTHO (including referral payments described
below), to send information about important changes to our products and
services, and to send notices and other disclosures required by law. Generally,
users cannot opt out of these communications, but they will be primarily
informational in nature.
We also use
your e-mail address to send you other types of communications that you can
control, including the CTHO newsletter, customer surveys and notice of special
third-party promotions. You can choose whether to receive some, all or none of
these communications when you complete the registration process, or at any time
thereafter, by logging in to your account on the CTHO Web site and changing
your preferences.
By entering into our User Agreement, you agree
that, with respect to other users' personally identifiable information that you
obtain through the site or through an CTHO-related communication or CTHO-facilitated
transaction, you will only use this information for: (a) CTHO -related
communications that are not unsolicited commercial messages, (b) using services
offered through CTHO (e.g. Placements, Reports and Leads), and (c) any other
purpose that such user expressly agrees to after adequate disclosure of the
purpose(s).
In all cases, you must provide users/consumers with the opportunity to remove themselves from your database and review any information you
have collected about them. In addition, under no circumstances, except as
defined in this Section, can you disclose personally identifiable information
about another CTHO user to any third party without our consent and the consent
of such other user after adequate disclosure.
You must read, agree with, and accept all of the
terms and conditions contained in this Terms and Conditions and the Privacy
Policy, which include those terms and conditions expressly set out below and
those incorporated by reference, before you may become a member of CTHO. We
strongly recommend that, as you read this Agreement, you also access and read
the information contained in the other pages and websites referred to in this
document, as they may contain further terms and conditions that apply to you as
a CTHO user.
Payment Services
Certified Teen Help Organization
is only a Payment Service Provider. CTHO acts as a payment service provider by
creating, hosting, maintaining and providing our Service to you via the
Internet. We do not have any control over every product or service that are paid for with our Service. We cannot ensure that products paid for
through us will be completed. We are not
a merchant Bank or Payment processor.
Certified
Teen Help Organization is committed to handling your customer information with high
standards of information security. Your credit card and bank account
information are stored only in encrypted form on computers through 3rd party
merchants that are not connected to the Internet. CTHO should never receive
access to financial information about you or your company; we restrict access
to your personally identifiable information to employees who need to know that
information in order to provide products, financial service transactions or
services to you. The chances of CTHO getting access or seeing personal
financial information from a merchant is unlikely. We maintain physical,
electronic and procedural safeguards that comply with federal regulations to
guard your nonpublic personal information. We test our security systems
regularly and also contract with outside companies to audit our security
systems and processes.
Agreements & Liability
with Certified Teen Help Organization (CTHO) and
your Organization
In the event that you have a dispute with one or
more users, consumers, members you release Certified Teen Help Organization,
LLC. (CTHO) (and our officers, directors, agents, subsidiaries, joint ventures
and employees) from any and all claims, demands and damages (actual and
consequential) of every kind and nature arising out of or in any way connected
with such disputes. If you are a California resident or Business, you waive
California Civil Code §1542, which says: "A general release does not
extend to claims which the creditor does not know or suspect to exist in his
favor at the time of executing the release, which if not known by him must have
materially affected his settlement with the debtor.
No Warranty or Guarantee
WE, OUR PARENT, SUBSIDIARIES, EMPLOYEES AND OUR
SUPPLIERS PROVIDE OUR SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR
CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR PARENT, SUBSIDIARIES,
EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF
TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
CTHO shall make reasonable efforts to ensure that requests for electronic
debits and credits involving bank accounts, credit cards, and check issuances
are processed in a timely manner and but we make no representations or
warranties regarding the amount of time needed to complete processing because
we are not a merchant banking service nor directly provide these services. Our
Service is largely dependant upon many factors outside of our control, such as
delays in the banking system, Internet, servers, non affiliated service companies
or the
Limitation
of Liability
IN NO EVENT SHALL WE, OUR PARENT, SUBSIDIARIES,
EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR
WEB SITE, OUR SERVICE, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING
NEGLIGENCE). Some States do not allow the exclusion or limitation of incidental
or consequential damages so the above limitation or exclusion may not apply to
you.
OUR LIABILITY, AND THE LIABILITY OF OUR PARENT,
SUBSIDAIRIES, EMPLOYEES AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY
CIRCUMSTANCE IS LIMITED TO THE ACTUAL AMOUNT
OF DIRECT DAMAGES.
Limitation of Liability … (continued)
ANY LIABILITY OF CERTIFIED
TEEN HELP ORGANIZATION ENTITIES IN CONNECTION WITH THIS AGREEMENT OF THE TERMS
AND CONDITIONS, UNDER ANY CAUSE OF ACTION OR THEORY, SHALL BE STRICTLY LIMITED
TO THE AMOUNT ALREADY PAID BY YOU TO US PURSUANT TO THE AGREEMENT IN THE PRIOR THREE
MONTH PERIOD. IN NO EVENT SHALL ANY CERTIFIED
TEEN HELP ORGANIZATION ENTITY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL,
CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, ARISING OUT OF, OR IN CONNECTION
WITH, THE AGREEMENT. YOU AGREE THAT YOU
WILL NOT HOLD US RESPONSIBLE FOR THE SELECTION OR RETENTION OF, OR ANY ACTS,
ERRORS, OR OMISSIONS BY, ANY THIRD PARTY IN CONNECTION WITH THE AGREEMENT,
INCLUDING WITH RESPECT TO INACCURATE OR FALSE LEAD SUBMISSIONS BY ANY THIRD
PARTY ON YOUR EMBLEM VERIFICATION PAGE OR FROM www.cthorg.com
OR ANY OF IT’S ALIASES, REGARDLESS OF THE INTENT OF SUCH THIRD PARTY.
Indemnification
You agree to indemnify and hold CTHO, its parent,
subsidiaries, affiliates, officers, directors and employees harmless from any
claim or demand (including attorneys' fees) made or incurred by any third party
due to or arising out of your breach of this Agreement or the documents it
incorporates by reference, or your violation of any law or the rights of a
third party relating to your use of the services provided.
Liability for Violations of the Acceptable
Use Policy
If you engage in the following behavior, CTHO
will suspend you or terminate services with you and/or fine you as explained
below.
You and Certified Teen Help Organization agree that the damages
that CTHO will sustain as a result of the behavior outlined above will be
substantial, including (without limitation) fines and other related expenses
from its payment processors and service providers, but may be extremely
difficult and impracticable to ascertain. In the event that you engage in such
activities, then Certified Teen Help Organization may
fine you $500.00 USD and/or Certified Teen Help
Organization may take legal action against you to recover losses that
are in excess of the amount fined. You acknowledge and agree that $500.00 USD
is presently a reasonable minimum estimate of CTHO’s damages, considering all
currently existing circumstances, including (without limitation) the
relationship of the sum to the range of harm to Certified Teen
Help Organization that reasonably could be anticipated and the
anticipation that proof of actual damages may be impractical or extremely
difficult. You agree that CTHO is entitled to deduct such fines directly from
any existing balance in the offending account.
If you use the Certified Teen Help Organization service
in a manner that violates the Company’s Policies
including but not limited to the three categories described above, your account
will be subject to limitation or immediate termination.
You further understand that, if you use the Certified Teen
Help Organization service in a manner that violates the Acceptable Use Policy, including but
not limited to the three categories described above, CTHO may incur substantial
liability and/or suffer significant damages, including (without limitation)
fines and other related expenses from its payment processors and service
providers. By selling goods or services (including access to content) in
contravention of the Acceptable Use Policy or the Restricted Activities section
of this User Agreement, you acknowledge liability to CTHO for any and all
damages suffered by CTHO. Without limiting the foregoing, you agree to
reimburse CTHO for any and all costs, expenses, and fines levied on CTHO by its
payment processors and/or service providers.
You agree that, if either you or CTHO commence litigation or arbitration in
connection with this paragraph, the prevailing party is entitled to recover
reasonable attorneys’ fees and any other costs incurred in such proceeding in
addition to any other relief to which the prevailing party may be entitled.
License
Solely to enable CTHO to use the information you
supply us with, so that we are not violating any rights you might have in that
information, you agree to grant us a non-exclusive, worldwide, royalty-free,
perpetual, irrevocable, sublicensible (through multiple tiers) right to
exercise the copyright, publicity, and database rights (but no other rights)
you have in Your Information, in any media now known or not currently known,
with respect to Your Information. CTHO will use and protect Your Information in
accordance with our Privacy Policy.
Access
and Interference
Our web site contains robot exclusion headers and
you agree that you will not use any robot, spider, other automatic device, or
manual process to monitor or copy our web pages or the content contained herein
without our prior expressed written permission. You agree that you will not use
any device, software or routine to bypass our robot exclusion headers, or to
interfere or attempt to interfere with the proper working of the CTHO site or
any activities conducted on our site. You agree that you will not take any
action that imposes an unreasonable or disproportionately large load on our
infrastructure. Much of the information on our site is proprietary or is
licensed to CTHO by our users or third parties. You agree that you will not
copy, reproduce, alter, modify, create derivative works, publicly display or
frame any content (except for Your Information) from our web site without the
prior expressed written permission of CTHO or the appropriate third party. If
you use, or attempt to use the Service for purposes other than sending and
receiving payments and managing your account, including but not limited to
tampering, hacking, modifying or otherwise corrupting the security or
functionality of Service, your account will be terminated and you will be
subject to damages and other penalties, including criminal prosecution where
available.
Privacy
and Security
We do not sell or rent your personal information to
third parties for marketing purposes without your consent and we only use Your
Information as described in the Privacy Policy. We view protection of users'
privacy as a very important principle. We understand clearly that you and Your
Information are one of our most important assets. We store and process Your
Information on computers located in the
Termination
or Closing Your Account
You may close your account at any time by contacting
us at the CTHO www.cthorg.com. By removing the CTHO Emblem from your website
you will cause your account to be suspended, and if not placed back on the home
page of your website, your account will become terminated. Your account can become terminated if you
fail to re-certify each year with www.cthorg.com
as well. Upon closure of an account, any
pending transactions will be cancelled and any balances associated will be
forfeited. Any funds that we are holding in custody for you at the time of
closure, less any applicable fees, will be paid to you by check, assuming all
withdrawal related authentication requirements have been fulfilled. You may not use closure of your account as a
means of evading investigation - if an investigation is pending at the time you
close your account; CTHO may continue to hold your funds for up to 6 months as
appropriate to protect CTHO and our consumers and members. If you are later
determined to be entitled to some or all of the funds in dispute, CTHO will
release those funds to you. You will
remain liable for all obligations related to your account even after such
account is closed. If you are
dissatisfied with any aspect of an account, your sole and exclusive remedy is
to terminate the Agreement and/or the Program(s) Terms in writing. You and/or Certified Teen Help Organization
may terminate the Agreement, any Program Terms, and/or your participation in
any Program, at any time, for any reason or for no reason, unless otherwise set
forth in any of the Program Terms. Notwithstanding anything contained in the
Agreement to the contrary, Certified Teen Help Organization may, in its sole
discretion, terminate or suspend your account, and/or discontinue or suspend
your participation in all or part of any Program or on any Web site or Third
Party Product that is part of a Certified Teen Help Organization Distribution
Network. Termination, suspension or discontinuation includes, without
limitation, removal of your listings from any or all of the Certified Teen Help
Organization Marketplaces and Certified Teen Help Organization Distribution
Networks. Reasons for Certified Teen
Help Organization's determination to so terminate, suspend or discontinue your
account or participation may include, without limitation, if Certified Teen
Help Organization believes that you violated the Agreement or other policies or
guidelines of Certified Teen Help Organization, a Third Party Service or Product
or a member of Certified Teen Help Organization Distribution Network, or if
Certified Teen Help Organization believes your conduct may be harmful to other
consumers, Advertisers or licensees who participate in (or offer to its users)
an Certified Teen Help Organization product or service (and/or any part
thereof). All decisions made by
Certified Teen Help Organization in this matter will be final and neither
Certified Teen Help Organization nor any of the Certified Teen Help
Organization Entities shall have any liability regarding such decisions. Upon termination, suspension or
discontinuation of any Program or your participation therein, all outstanding
payment obligations incurred under such Program will become immediately due and
payable.
Assignability
You may not transfer any rights or obligations you
may have under this Agreement without the prior written consent of Certified Teen Help Organization (CTHO). Certified Teen Help
Organization reserves the right to transfer this Agreement or any right
or obligation under this Agreement without your consent.
Legal
Compliance
You shall comply with all applicable
EMBLEM CODE and EMBLEM PROGRAM POLICY
Electronic Communications
You agree that this Agreement constitutes "writing signed by you" under any
applicable law or regulation. To the fullest extent permitted by applicable
law, this Agreement and any other agreements, notices or other communications
regarding your account and/or your use of the Service
("Communications"), may be provided to you electronically and you
agree to receive all Communications from CTHO in electronic form. Electronic
Communications may be posted on the pages within the CTHO website and/or
delivered to your e-mail address. You may print a copy of any Communications
and retain it for your records. All Communications in either electronic or
paper format will be considered to be in "writing," and to have been
received no later than five (5) business days after posting or dissemination,
whether or not
you have received or retrieved the communication. CTHO reserves the right but
assumes no obligation to provide communications in paper format.
Electronic Signatures Effective
(a) The Agreement is an
electronic contract that sets out the legally binding terms of your use of
Certified Teen Help Organization’s products and services, including, without
limitation, the Certified Teen Help Organization Web Sites. You indicate your
acceptance of the Agreement and all of the terms and conditions contained or
referenced in the Agreement and these Provider Member Master Terms and
Conditions and in any Programs Terms by clicking on the "I Accept"
button in connection with your enrollment. This action creates an electronic
signature that has the same legal force and effect as a handwritten signature.
By clicking on the "I Accept", “I Agree” or “Submit” button, you
accept the Agreement, including, without limitation, the Programs Terms and
agree to the terms, conditions and notices contained or referenced therein.
When you click on the "I Accept" button or a button that states that
you Agree during enrollment, you also consent to have
the Agreement provided to you in electronic form. You have the right to receive
the Agreement in non-electronic form. You may request a non-electronic copy of
the Agreement either before or after you electronically sign the Agreement. To
receive a non-electronic copy of the Agreement, please send a letter and
self-addressed stamped envelope to: Certified Teen Help Organization,
Access and Retention
In order to access and retain the electronic
Agreement, you must have access to the World Wide Web, either directly or
through devices that access web-based content, and pay any service fees
associated with such access. In addition, you must use all equipment necessary
to make such connection to the World Wide Web, including, without limitation, a
computer and modem or other access device. Please print a copy of the Agreement
for your records. To retain an electronic copy of the Agreement, you may save
it into any word processing program. We will notify you of any changes in the
hardware or software requirements needed to access and/or retain the Agreement
that create a material risk that you will not be able to continue to access
and/or retain the electronic Agreement.
You understand that
Certified Teen Help Organization is a Limited Liability Company and Certified
Teen Help Organization has to advertise their respective products and services.
The Agreement constitutes the entire agreement between the parties regarding
the subject matter contained herein and supersedes all previous and
contemporaneous agreements, proposals and communications, written or oral,
between you and Certified Teen Help Organization regarding the subject matter
contained herein. Only a written instrument executed by the party waiving
compliance may waive the terms or covenants of the Agreement. No waiver by
either party of a breach of any provision hereof shall be taken or held to be a
waiver of any succeeding breach of such provision or as a waiver of the
provision itself. If any provision of the Agreement is held or made invalid or
unenforceable for any reason, such invalidity shall not affect the remainder of
the Agreement, and the invalid or unenforceable provisions shall be replaced by
a mutually acceptable provision, which being valid, legal and enforceable comes
closest to the original intentions of the parties to the Agreement and has like
economic effect. Certified Teen Help Organization shall have no liability under
the Agreement by reason of any failure or delay in the performance of its
obligations on account of strikes, shortages, riots, acts of terrorism,
insurrection, fires, flood, storm, explosions, earthquakes, internet outages,
computer virus, Acts of God, war, governmental action, or any other cause that
is beyond its reasonable control. The parties are independent contractors and
nothing in the Agreement shall be construed to create, evidence, or imply any
agency, employment, partnership, or joint venture between the parties. Neither
party shall have any right, power, or authority to create any obligation or
responsibility on behalf of the other. The Agreement is not intended to
benefit, nor shall it be deemed to give rise to any rights in, any third party.
You may not assign or transfer the Agreement, or sublicense, assign or delegate
any right or duty under the Agreement, without Certified Teen Help
Organization’s prior written consent. Certified Teen Help Organization and any
of its subsequent assignees may assign the Agreement, in whole or in part, or
any of its rights or delegate any of its duties, under the Agreement to any
party. Any rights not expressly granted in the Agreement are reserved by
Certified Teen Help Organization, and all implied licenses are disclaimed.
Headings used in the Agreement are for reference purposes only and in no way
define, limit, construe or describe the scope or extent of such section or in
any way affect the Agreement. Certified Teen Help Organization may change the
Agreement and/or Certified Teen Help Organization's Privacy Policy (as
posted on or linked from an Certified Teen Help Organization Web Site) at any
time upon notice published on any of the Certified Teen Help Organization Marketplaces
or any one of the Certified Teen Help Organization Web Sites or by e-mail
notification to you. Any use by you, your Affiliates, agents, representatives,
employees, or any person or entity acting on your behalf, of any Program,
Certified Teen Help Organization Marketplace, Certified Teen Help Organization
systems or Certified Teen Help Organization Web Site after such notice shall be
deemed to be continued acceptance by you of the Agreement and Certified Teen
Help Organization’s Privacy Policy, including, without limitation, any
amendments and modifications thereto. Notwithstanding anything to the contrary
in Certified Teen Help Organization’s Privacy Policy, Certified Teen Help
Organization may share information described in its Privacy Policy with
Certified Teen Help Organization’s parent company and/or its Affiliates, and
nothing contained in the Agreement will prevent Certified Teen Help
Organization from complying with privacy laws and regulations. Certified Teen
Help Organization reserves the right to discontinue offering any of the
Programs, Certified Teen Help Organization Marketplaces, Certified Teen Help
Organization systems, and/or Certified Teen Help Organization Web Sites at any
time. Except as otherwise specified by Certified Teen Help Organization, you
agree that you will direct all communications relating to any Program,
Certified Teen Help Organization Marketplace, Certified Teen Help Organization
Distribution Network or Certified Teen Help Organization Web Site or your
participation therein directly to Certified Teen Help Organization and not to
any other entity. Terms used but not defined herein shall have the meanings
given to such terms in the Insertion Order or applicable Program Terms. If
there is any conflict between the Master Terms and Conditions and Program
Terms, the Program Terms shall control.
Leads and Services
Provider Member (User) understands and agrees that
using our lead service and it’s information is strictly at your own endeavor. Certified Teen Help Organization, LLC can in
no way guarantee the quality and content of Leads and information pertaining to
its context, form, writings, publishing, services, and use. Our Lead Generation System is set up and
programmed to accept the most reliable and constant information it can, and
Certified Teen Help Organization makes every effort to portray and deliver this
quality. We do not give refunds,
credits, charge backs or any other form of financial compensation for these
services if you have been intentionally or unintentionally given incorrect or
otherwise false information. As with all
of our products we strive to give consumers and members the best service and
quality that is possible. You understand
and agree that Leads will be set at a rate that is based upon the Emblem Rating
level earned through your certified provider certification. Provider Member (User) understands and agrees
that the Certification process concerning an Emblem Rating level earned has
been established in a way that does not portray biased opinions, but systematic
substantiated information that is gathered or collected and used to Rate the
level of your Organization as fairly as possible. Provider Member (User) hereby releases
Certified Teen Help Organization of any claims of manipulating, fraudulently,
or unfairly assigning an Emblem Rating approval in connection with potential
incentives.
Information Pertaining to
Certification Process and Full Reports
Provider Members agree that the answers they
provide through the CTHO Certification Process, as well as the information
uploaded to our database though the Certification Process may be offered to
users and consumers for purposes of information to be sold and or be used for
public information. You also understand and agree that our Full Reports will
include information that you have provided through the Certification Process
and will be available to consumers publicly that purchase this information.
Therefore you release Certified Teen Help Organization, LLC, from all liability
do to this service for which you and your organization are consenting.
Provider Members agree that the answers they
provide through the Certified Teen Help Organization (CTHO) Certification
Process, as well as the information uploaded to our database though the
Certification Process may be offered to users and consumers for purposes of
information to be sold and or used for public information.
Notices
We may give notices to you
by posting on any Certified Teen Help Organization or www.cthorg.com Website, as well as any
aliases of www.cthorg.com, or by e-mail to
the address provided by you to us. It is
your responsibility to ensure that your contact and account information
(including your e-mail address, name, organization name, or contact person) is
current and correct. You should promptly
update your correct and current information in your member account login area,
or through the certification or re-certification process. All notices to us shall be sent via email or recognized
overnight courier or certified mail. Return
receipt requested to: Chief Legal Officer, Certified Teen Help Organization, LLC,
Taxes
Provider Members and Certified Organizations
understand and agree that they shall be responsible for Taxes rendered from
distributions and income from Certified Teen Help Organization, LLC, which is
made out to Provider Members, which may include but not be limited to Full
Reports and Parent Handbook sections, where earnings can be received. Any
reimbursements or payments from Certified Teen Help Organization, LLC, through
these areas might have Tax Liabilities
which could result in you or your organization needing to obtain IRS Form 1099. Please consult your Accounting Professional if
you have further questions.
Provider
Member Assumes Risk
Provider Member’s or
Certified Member Organization’s understand and agree that you assume all risk
and liabilities for the use of the services provided by Certified Teen Help
Organization, LLC. (CTHO). If any
Provider Member or Certified Member Organization does not want to be held by
such terms and conditions, than you are advised to not use our service. A Provider Member or Certified Member
Organization that uses our services agrees to be held responsible and
accountable for all potential liabilities and risk that you engage in while
using our services.
Severability
If any provision of this
Agreement will be held to be invalid or unenforceable for any reason, the
remaining provisions will continue to be valid and enforceable. If a court
finds that any provision of this Agreement is invalid or unenforceable, but
that by limiting such provision it would become valid and enforceable, then
such provision will be deemed to be written, construed, and enforced as so
limited.
Governing
Law
This Agreement shall be
construed in accordance with the internal laws of the State of Utah in the
United States of America, without regard to conflict of laws rules. Venue shall be in a court of competent
jurisdiction in the State of