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Privacy Policy and Terms of Use

Last Updated: April 27, 2023

The website KidsHealth.org (the “Website”) is provided by The Nemours Foundation (referred to as “Nemours® KidsHealth®”, “KidsHealth®”, “us”, “our”, “we”). By using the Website, you acknowledge our Privacy Policy and agree to be bound by the Terms of Use, both set forth below. If You do not accept the Privacy Policy or Terms of Use, please do not use this Website.

Nemours KidsHealth may revise the Privacy Policy or Terms of Use at any time, as reflected by the “Last Updated” date at the top of this page.

The Website may link to other online services that are owned by The Nemours Foundation. This Website Privacy Policy and Terms of Use do not apply to other online services owned by The Nemours Foundation.

The Website may also provide links to other online services that The Nemours Foundation does not own or maintain. Nemours KidsHealth is not responsible for the content of any online services it does not own.

The Website Privacy Policy and Terms of Use are set forth below.

Privacy Policy

This Privacy Policy covers how we collect, use, and disclose personal information we collected through the Website.

Personal Information Collection, Use, and Disclosure

When you visit the Website, you may choose to submit personal information, such as through surveys or polls. Personal information may include your name, address, telephone number, and email address.

We, or our vendors, may use or disclose personal information (such as to our affiliates, subsidiaries, parent company, business partners, and vendors) for various purposes, such as for the following purposes:

  • Communicate and market to you. To communicate with you such as for participation in surveys, send our newsletters, and send you information on products and services we think may interest you.
  • Customer Service. To respond to your requests for technical support, online services, product or service information or to any other communication you initiate, including inquiries.
  • Maintain, improve, and protect the Website. For security purposes, such as to protect against unauthorized disclosure of personal information, as well as detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity. Additionally, for debugging to identify and repair errors that impair existing intended functionality and developing new features or improve existing ones, including using personal information for internal purposes related to certain research, analytics, and development.
  • Legal and Safety. To help with public health and safety issues, and to meet our legal obligations, work with law enforcement, for public safety purposes, to comply with laws, regulations, court orders, or other legal obligations or to assist in an investigation, to protect and defend our rights and property, or the rights or safety of third parties, to enforce our Terms of Use, this Privacy Policy, or agreements with third parties, or for crime-prevention purposes.
  • Business Transactions.  As part of a business transaction such as in the event we sell or transfer all or a portion of our business or assets (including a reorganization, dissolution, or liquidation) and as part of negotiations of such transactions.

We may combine your personal information with data we obtain from our services, other users, or other parties.  We reserve the right to convert, or permit others to convert, your personal information into deidentified, anonymized, or aggregated data, as permitted by law.

Note that newsletter subscribers may remove their email address from our newsletter email list by using the unsubscribe link provided at the bottom of each newsletter.

Cookies

In addition to the personal information that you provide to us, we and our vendors, may use various tools and technologies like cookies and pixels, to collect certain information automatically about you when you visit the Website or interact with content elsewhere online. This information may include IP addresses, device ID, other unique identifiers, pages visited, content interested in or interacted with, time of visit, and browser information.

We may use tracking technologies to provide functionality to the Website, help us route traffic between servers, understand how the Website is performing and how visitors use the Website, improve features and content on the Website, enable security features, and allow us to detect activity that might violate our rules and terms, such as unauthorized access or activity.

We may use tracking technologies for advertising purposes, including Google Analytics features such as dynamic remarketing, interest-based advertising, audience targeting, behavioral reporting, demographics and interests reporting, user segment analysis, device reporting, and display advertising. For more information on how Google Analytics uses data collected through the Website, visit: www.google.com/policies/privacy/partners/. To opt out of Google Analytics cookies, visit: http://www.google.com/settings/ads and https://tools.google.com/dlpage/gaoptout/.

Please note that we or other parties may collect information about your online activities over time and across different devise and online websites when you use the Website and combine such information with other information we or other parties obtain about you, including data obtained from external parties.

Your web browser may have settings that allow you to transmit a “Do Not Track” signal when you visit various websites or use other online services. Like many websites, our Website is not designed to respond to “Do Not Track” signals received from browsers. To learn more about “Do Not Track” signals, visit allboutdnt.com. You can set your browser to refuse cookies from websites, but if you do so, you may not be able to access or use portions of the Website, or certain features on the Website may not function as intended or as well.

Data Security

We maintain appropriate administrative, technical, and physical safeguards designed to help protect personal information collected or received through the Website.  Although we use reasonable efforts to safeguard information, transmission via the Internet is not completely secure and we cannot guarantee the security of your information collected through the Website.

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Terms of Use

These Terms of Use covers how you may use the Website, including restrictions of use. By using the Website or submitting material to us, you represent you are at least the age of majority in your jurisdiction. If you are under the age of majority, you represent that you are using the Website or submitting materials to us under the supervision of a legal guardian who agrees to be bound to these Terms on your behalf.

Intellectual Property. The Website may contain materials and other items relating to Nemours KidsHealth, including the layout, information, databases, articles, posts, text, data, files, images, scripts, designs, graphics, instructions, illustrations, photographs, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, and the “look and feel” of the Website including all copyrights, patents, trademarks, service marks, trade names, and all other intellectual property rights therein (together the “Materials”), are owned and controlled by Nemours KidsHealth, our licensors or certain other parties. All rights, title, and interest in and to the Materials available via the Website are the property of Nemours KidsHealth or our licensors or certain other parties, and are protected by U.S. and international copyright, trademark, trade dress, and/or other intellectual property rights and laws to the fullest extent possible.

Limited License. Nemours and KidsHealth are trademarks of The Nemours Foundation. Subject to your strict compliance with these Terms, Nemours KidsHealth grants you a limited, non-exclusive, revocable, non-commercial, non-assignable, personal, and non-transferable license to display, view, use, or play the Website or Materials on a personal device. The foregoing limited license does not give you any ownership of, or any other intellectual property interest in, any Materials. Your unauthorized use of the Materials may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.

You agree to retain all copyright and other proprietary notices contained in the original Materials on any copy You make of such material. You may not sell or modify the Material or reproduce, display, distribute, or otherwise use the Material in any way for any public or commercial purpose. Use of the Material on any other website or in a networked environment is prohibited. For permission to reprint or link to Nemours KidsHealth content, see our Permissions Guidelines.

Reservation of Rights. All rights not expressly granted to you are reserved by Nemours KidsHealth and its licensors. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. Any unauthorized use of the Website and Materials for any purpose is prohibited.

User Submissions

You may submit to Nemours KidsHealth comments or other materials. You acknowledge that if you send us creative suggestions, ideas, notes, drawings, concepts, inventions, or other information, that such submissions shall be deemed, and shall remain, the property of Nemours KidsHealth. By submitting any materials to us, you assign to us and we shall exclusively own all now known or hereafter existing rights to such Information and shall be entitled to unrestricted use of the Information for any purpose whatsoever, commercial or otherwise, without compensation to you.

You agree to not: transmit to us material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; send material that reveals trade secrets, unless you own them or have the permission of the 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 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.

Use Restrictions

You agree that you will not engage in:

Violating the rights of Nemours KidsHealth or others

  • Modifying, or creating derivative works based on, content in the Website
  • Using the content in any manner: (a) suggesting an association with any other products, services, or brands (b) that is likely to cause confusion among users, (c) that disparages or discredits Nemours KidsHealth, (d) that is otherwise exploitative for any commercial purpose; or (e) that otherwise infringes our intellectual property rights
  • Developing functionally similar products or services to the Website
  • Copying, modifying, reproducing, archiving, selling, leasing, renting, exchanging, creating derivative works from, publishing by hard copy or electronic means, publicly performing, displaying, disseminating, distributing, broadcasting, retransmitting, circulating, or transferring to any other party, or otherwise use or exploit content in the Website in any way for any purpose except as specifically permitted by these Terms of Use

Using unauthorized technical tools or circumventions or exploiting the Website design:

  • Using, or facilitating the use of, any unauthorized third-party software (e.g., bots, mods, hacks, and scripts) to modify or automate operation within the Website whether for yourself or for a third party
  • Downloading content to a database for any reason
  • Decomposing, disassembling, or reverse engineering any part of the Website, or otherwise use the Website for any purpose other than those provided for by us and in conjunction with the operations of the Website
  • Attempting to circumvent any restriction in the Website based upon geography or other restriction imposed by us
  • Interfering with or circumventing any security feature (including any digital rights management mechanism, device, or other content protection or access control measure)
  • Attempting or gaining unauthorized access to any network or computer through the Website
  • Harvesting, scraping, or otherwise collecting or storing any content or information, including personal information, from the Website
  • Engaging with controls that is against the Website intended design. This includes not exploiting bugs

You agree that if you submit any personal information of another person to Nemours KidsHealth or to the Website, you represent and warrant that you are authorized to provide that individual’s personal information to Nemours KidsHealth.

Disclaimers

Nemours KidsHealth does not warrant that the Website will operate error-free or that the Website or its server are free of computer viruses or other harmful material. 

Although it strives for timeliness and accuracy in all of its materials, Nemours KidsHealth makes no representations, warranties, or assurances as to the availability, accuracy, currency, or completeness of the Website or its contents. All information on Nemours KidsHealth is for educational purposes only. For specific medical advice, diagnoses, and treatment, consult your doctor. 

THIS WEBSITE AND ITS MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. NEMOURS KIDSHEALTH, 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.

Indemnification and Limited Liability

As permitted by applicable law, you agree to, and you hereby, defend, indemnify, and hold Nemours KidsHealth harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, and expenses (including attorneys’ fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with the Website.

IN NO EVENT SHALL NEMOURS KIDSHEALTH, ITS EDUCATIONAL PARTNERS, OR ANY THIRD PARTIES MENTIONED IN THE WEBSITE 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 THE WEBSITE OR MATERIAL ON THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER NEMOURS KIDSHEALTH IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

General

These Terms of Use constitute the entire agreement between you and Nemours KidsHealth with respect to your use of the Website. These Terms of Use are governed by the substantive laws of the State of Delaware, without respect to its conflict of laws principles. You agree to submit to the jurisdiction of the courts situated in the State of Delaware with respect to any dispute, disagreement, or cause of action related to or involving the Website. 

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 of Use, which shall remain in full force and effect. 

Our failure or delay to exercise or enforce any right, remedy, or provision of these Terms or any other legal right will not operate as a waiver of such or any other right, remedy, or provision.

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Contact Us

The Nemours Privacy Office

10140 Centurion Parkway North

Jacksonville, FL 32256

(800) 472-6610

privacy@nemours.org