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Terms of Service

Welcome to The Alabama Department of Child Abuse and Neglect Prevention/ Children’s Trust Fund’s “BeSmartDontStart” opioid prevention website. The Site is provided for your information, and we hope you enjoy using it.

Please be aware that your use of the Site is subject to the following terms and conditions of use (the “Terms of Use”). If you do not agree to these Terms of Use, do not use the Site.

1. Ownership and Operation. The Site and all Site content belong to The Alabama Department of Child Abuse and Neglect Prevention/Children’s Trust Fund and its licensors (if any). The Alabama Department of Child Abuse and Neglect Prevention/ Children’s Trust Fund may, in its sole discretion, at any time and without prior notice, modify or discontinue all or part of the Site.

2. Agreement To Be Bound; Changes to the Terms of Use. Your use of the Site constitutes your agreement with The Alabama Department of Child Abuse and Neglect Prevention/Children’s Trust Fund to be bound by, and to act in accordance with, these Terms of Use. The Alabama Department of Child Abuse and Neglect Prevention/ Children’s Trust Fund reserves the right to modify these Terms of Use or to impose new or additional terms of use at any time and without prior notice (“Modified Terms”). Modified Terms shall be effective immediately and incorporated into these Terms of Use upon the posting of such Modified Terms to the Site. Your continued use of the Site following the posting of any Modified Terms shall be deemed to conclusively indicate your acceptance of any and all such Modified Terms. Accordingly, you should periodically re-review these Terms.

3. Limited License to Use the Site. You may use the Site and the content offered on the Site only for non-commercial purposes. You may use content offered for downloading, if any, for non-commercial use only and subject to the rules that accompany that particular content. You may not use any content in a manner that exceeds the rights granted for your use of that content. You may not download, replicate, retransmit, reproduce or otherwise use any of the photographic images contained on the Site as a stand-alone file. You may not use any data mining software, robots or similar data gathering and extraction tools on the Site, frame any portion of the Site or, except as otherwise expressly provided for herein, reproduce, reprint, copy, store, publicly display, broadcast, transmit, modify, translate, port, publish, sublicense, assign, transfer, sell, loan or otherwise distribute Site content without The Alabama Department of Child Abuse and Neglect Prevention/Children’s Trust Fund’s prior written consent. You may not circumvent any mechanisms included on the Site designed to prevent the unauthorized reproduction or distribution of Site content.

8. Reliance. You and your family may not rely upon the information or opinions posted on the Site by The Alabama Department of Child Abuse and Neglect Prevention/ Children’s Trust Fund. Information included in the Site does not, and cannot, replace necessary medical consultations with qualified health or medical professionals with the training to meet the individual health or medical needs of you and your family.

9. Meeting Other Users. The Alabama Department of Child Abuse and Neglect Prevention/Children’s Trust Fund does not recommend, endorse or promote meeting in person any person you may meet through any social media sites related to the Site, and The Alabama Department of Child Abuse and Neglect Prevention/Children’s Trust Fund shall have no liability for the result of meeting in person anyone you met through use of the Site or related social media sites.

10. Links to Third-Party Sites. The Site may include links to third-party websites and social media sites. While The Alabama Department of Child Abuse and Neglect Prevention/Children’s Trust Fund strives to offer links to sites we think you’ll find useful, it is possible that any linked site may contain information or material that some people may find uninteresting, irrelevant, inappropriate or offensive. Third-party sites are not under the control of The Alabama Department of Child Abuse and Neglect Prevention/ Children’s Trust Fund, and you acknowledge that The Alabama Department of Child Abuse and Neglect Prevention/Children’s Trust Fund is not responsible for the accuracy, legality, decency or any other aspect of the content of any third-party linked sites. The inclusion of a link to any such third-party site does not imply endorsement of, or association with, such other site by The Alabama Department of Child Abuse and Neglect Prevention/Children’s Trust Fund. These Terms of Use apply only to our Site and not to any linked third-party sites. Before using and/or providing any personal information to any linked site, please check that site’s terms of use and privacy policy.

11. Third-Party Information. The Alabama Department of Child Abuse and Neglect Prevention/Children’s Trust Fund may provide certain third-party information or content on the Site. This third-party information or content does not necessarily represent the viewpoint or opinions of The Alabama Department of Child Abuse and Neglect Prevention/Children’s Trust Fund, nor does The Alabama Department of Child Abuse and Neglect Prevention/Children’s Trust Fund take responsibility for the accuracy or reliability of this third-party information or content.

12. Security and Limitations on Access. You are prohibited from violating or attempting to violate the security of the Site. Accordingly, you may not: (i) access data or materials not intended for you; or (ii) attempt to probe, scan or test the vulnerability of the Site. You agree that you will not interfere, or attempt to interfere, with the proper working of the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on The Alabama Department of Child Abuse and Neglect Prevention/Children’s Trust Fund’s information technology infrastructure.

13. Indemnification. You agree to be solely responsible for, and to indemnify and hold harmless The Alabama Department of Child Abuse and Neglect Prevention/Children’s Trust Fund, its directors, officers, principals, managers, agents, representatives and employees and their respective directors, officers, principals, managers, agents, representatives and employees from, any liabilities, damages, losses, costs, or expenses arising out of or in connection with (i) any breach of these Terms of Use by you or (ii) any message posted by you to the Site, regardless of the legal theory on which such a claim is based.

14. DISCLAIMER OF WARRANTIES. ALL CONTENT INCLUDED IN OR AVAILABLE THROUGH THE SITE IS PROVIDED “AS IS”. SUCH CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE ALABAMA DEPARTMENT OF CHILD ABUSE AND NEGLECT PREVENTION/CHILDREN’S TRUST FUND, ITS DIRECTORS, OFFICERS, EMPLOYEES, PRINCIPALS, MANAGERS, AGENTS AND REPRESENTATIVES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, PRINCIPALS, MANAGERS, AGENTS AND REPRESENTATIVES DISCLAIM ANY WARRANTIES THAT: (i) THE CONTENT OF THE SITE IS ACCURATE, RELIABLE OR CORRECT; (ii) THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (iii) ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR (iv) THE SITE OR ITS SERVERS ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, SOME OR ALL OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.

15. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL THE ALABAMA DEPARTMENT OF CHILD ABUSE AND NEGLECT PREVENTION/CHILDREN’S TRUST FUND, ITS DIRECTORS, OFFICERS, PRINCIPALS, EMPLOYEES, MANAGERS, AGENTS OR REPRESENTATIVES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, PRINCIPALS, EMPLOYEES, MANAGERS, AGENTS OR REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF THE ALABAMA DEPARTMENT OF CHILD ABUSE AND NEGLECT PREVENTION/CHILDREN’S TRUST FUND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ALABAMA DEPARTMENT OF CHILD ABUSE AND NEGLECT PREVENTION/CHILDREN’S TRUST FUND’S, ITS DIRECTORS’, OFFICERS’, PRINCIPALS’, EMPLOYEES’, MANAGERS’, AGENTS’ AND REPRESENTATIVES’ AND THEIR RESPECTIVE OFFICERS’, DIRECTORS’, PRINCIPALS’, EMPLOYEES’, MANAGERS’, AGENTS’ AND REPRESENTATIVES’ LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

16. The Alabama Department of Child Abuse and Neglect Prevention/Children’s Trust Fund’s Copyright Policy. If you are a copyright owner or an agent thereof and believe that any content posted on the Site infringes upon your copyright rights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by following the procedures described below. As part of our response, we may remove or disable access to content residing on the Site that is claimed to be infringing, in which case we will make a good-faith attempt to contact the person who submitted the affected content so that they may make a counter-notification, also in accordance with the DMCA. Before serving either a notice of infringing material or a counter-notification, you may wish to contact a lawyer to better understand your rights and obligations under the DMCA and other applicable laws. The following notice requirements are intended to comply with our obligations under the DMCA and do not constitute legal advice.

Notice of Infringing Material

To file a notice of infringement, please provide a notification containing the following details:

  • (i) Reasonably sufficient details to enable us to identify the work claimed to be infringed or, if multiple works are claimed to be infringed, a representative list of such works (e.g., title, author, URL);
  • (ii) Reasonably sufficient detail to enable us to identify and locate the material that is claimed to be infringing (e.g., a link to the page that contains the material);
  • (iii) Your contact information so that we can contact you (e.g., your address, telephone number, email address);
  • (iv) A statement that you have a good faith belief that the use of the material identified in (i) above is not authorized by the copyright owner, its agent or the law;
  • (v) A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is alleged to be infringed; and
  • (vi) Your physical or electronic signature.

You must send this notice by mail or email to:

Erin Williams, Communications Specialist
The Alabama Department of Child Abuse and Neglect Prevention/Children’s Trust Fund of Alabama
60 Commerce Street, Suite 1000
Montgomery, AL 36104
erin.williams@ctf.alabama.gov

17. Choice of Law and Forum; Statute of Limitations. You agree that these Terms of Use and your use of the Site shall be governed by the laws in effect in the State of Alabama, without reference to its conflict of laws principles. Any claim or dispute between you and The Alabama Department of Child Abuse and Neglect Prevention/Children’s Trust Fund that arises in whole or in part from your use of the Site shall be decided exclusively by a court of competent jurisdiction located in Montgomery County, Alabama. 

YOU AND THE ALABAMA DEPARTMENT OF CHILD ABUSE AND NEGLECT PREVENTION/CHILDREN’S TRUST FUND AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OF USE AND/OR YOUR USE OF THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, YOU AND THE ALABAMA DEPARTMENT OF CHILD ABUSE AND NEGLECT PREVENTION/CHILDREN’S TRUST FUND AGREE THAT SUCH CAUSE OF ACTION SHALL BE, AND IS, PERMANENTLY BARRED.

18. Waiver. No waiver of any term or condition of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term of the Terms of Use, and The Alabama Department of Child Abuse and Neglect Prevention/Children’s Trust Fund failure to assert any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

19. Severability and Integration. Unless otherwise specified herein, these Terms of Use constitute the entire agreement between you and The Alabama Department of Child Abuse and Neglect Prevention/Children’s Trust Fund with respect to your use of the Site and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and The Alabama Department of Child Abuse and Neglect Prevention/Children’s Trust Fund with respect to your use of the Site. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

20. Termination. Your right to use the Site automatically terminates if you violate these Terms of Use. The Alabama Department of Child Abuse and Neglect Prevention/Children’s Trust Fund also reserves the right, in its sole discretion and at any time, to terminate these Terms of Use and your access to all or part of the Site, for any reason or no reason at all, with or without notice. Upon termination of these Terms of Use, you must cease use of the Site and destroy all materials obtained from the Site, whether made under these Terms of Use or otherwise.

21. Use by Children Under the Age of 13. You affirm that you are not a minor in your state of residence and that you have the legal right to enter into, and be bound by, these Terms of Use. The Site is not intended for children under 13 and The Alabama Department of Child Abuse and Neglect Prevention/Children’s Trust Fund does not knowingly collect personally identifiable information about children under 13 through the Site.

22. Assignment. These Terms of Use, and any rights and/or licenses granted hereunder, may not be transferred or assigned by you, but may be assigned, licensed or transferred by The Alabama Department of Child Abuse and Neglect Prevention/Children’s Trust Fund without restriction or notice to you.If you have any questions regarding privacy, please read our Privacy Policy.