IMPORTANT: Please review the following terms and conditions carefully. These Terms of Use are a legally binding agreement between you and Oberkotter Foundation (“Foundation” or “we” or “us” or “our”) pertaining to the access and use of the content, information, audio and visual media, printed materials, products, and online or other electronic documentation, resources and services accessible from www.oberkotterfoundation.org, any sub-domains thereof and other websites operated by or for Foundation (collectively, the “Site”). Please read these Terms carefully, as your use of the Site and any content or services accessible therefrom and described below constitutes your acceptance of these Terms. If you do not agree to be bound by these Terms do not access, use or continue to use the Site, the content or the services.
Foundation Offerings
On the Site and through the services described below, Foundation makes available materials and resources including without limitation, research materials, photographs, text, graphics, logos, icons, images, content, sound recordings, downloadable handouts, white papers, audio/visual clips and design, including the selection and arrangement of all such items (collectively, “Content”).
Foundation may offer from time to time certain services or features on the Site, including without limitation, message boards, blogs, forums, news groups, bulletin board services, personalized and/or automated email and text messaging reminders and one-on-one chat features (collectively, “Services”).
Foundation makes the Site, Content, and Services (collectively, “Offerings”) available to the public in furtherance of its mission. You may voluntarily choose to access, use or participate in any of the Offerings. The Offerings are available to you free of charge on the express condition that you accept, without modification, and abide by these Terms. Your access and use of any or all of the Offerings is conditioned upon your continued compliance with these Terms. If you do not agree to be bound by these Terms and all applicable laws, you are required to deregister an account and to discontinue use of the Offerings.
Changes to Terms
You are encouraged to check this page periodically for any changes that we make to these Terms of Use. Foundation reserves the right to change the Terms any time by reasonable notice, including without limitation by posting revised terms on the Site (which shall constitute reasonable notice), and such amended Terms shall be binding upon you upon posting; thus, you should consult the most recent version of these Terms each time that you access any of the Foundation Offerings.
Permitted Users and Children’s Privacy
These Terms govern each visitor’s access to and voluntary use of the Offerings. Foundation is concerned about the safety of children and their use of the Internet and Foundation does not knowingly solicit personal information from children or knowingly market to children. In accordance with the U.S. Children’s Online Privacy Protection Act of 1998, the Offerings are not intended for use by persons under the age of thirteen (13). Users age thirteen (13) through eighteen (18) may only access and use the Offerings with the permission of a parent or guardian. Any use of or access to the Offerings by anyone under the age of thirteen (13) or by anyone age thirteen (13) through eighteen (18) without the permission of a parent or guardian is not authorized and is a violation of these Terms.
By using or accessing the Offerings, you represent and warrant that you are at least eighteen (18) years of age. If you are between the ages of thirteen (13) and eighteen (18), your parent or guardian must give their permission and you must agree to abide by all of the provisions of these Terms. In the event that Foundation receives actual knowledge that it has collected personal information from a child without the requisite and verifiable parental consent, Foundation will make reasonable efforts to delete that information as quickly as is reasonably practical.
Use of the Offerings is void where prohibited.
Availability of Foundation Offerings
Foundation reserves the right to establish general practices and limits concerning the Foundation Offerings and may modify such practices and limits at any time and in its sole discretion. Such practices may include, but are not limited to, restricting the length, subject matter and types of comments and information that may be posted and establishing terms and membership criteria for participating in the Services.
The Offerings are intended to raise awareness, provide resources, information and educational tools and foster communication and community dialogue related to Foundation’s mission. In accessing the Offerings, you may not post, transmit, or share any materials that (i) violate or infringe upon the rights of any third party, including copyright, patent, trademark, privacy, publicity or other personal or proprietary rights; (ii) contain libelous, defamatory or otherwise unlawful material; (iii) harass, abuse or harm (or attempt to harass, abuse or harm) or intimidate, embarrass or demean any person or entity; (iv) Foundation deems unlawful, infringing, trade libelous, harmful, threatening, abusive, harassing, invasive of privacy, stalking, defamatory, vulgar, sexually explicit, hateful, discriminatory or racially, ethnically or otherwise objectionable; (v) Foundation in its sole discretion deems objectionable or may prevent any other person from enjoying full use of the Offerings (to the extent that the user would otherwise be permitted), or which could expose or result in liability for Foundation, its affiliate organization(s) controlling, controlled by, or under common control with Foundation (“Affiliates”), partners or any user; (vi) attack, ridicule, denounce, impugn a person’s character, or impute immoral or dishonorable attributes to a person on the basis of race or ethnicity, gender, age, religion, national origin, disability or sexual orientation; or (vii) violate any applicable law, statute, ordinance or regulation, aid in or encourage the commission of a crime or illegal activity, or otherwise create liability.
In addition, in accessing the Offerings you agree not to:
Foundation retains the right to deny access to the Offerings to anyone who violates these Terms.
Content and Restrictions on Use of Materials
Unless otherwise indicated, Foundation, its Affiliates or their respective licensors hold the copyright to all Offerings and the Offerings are protected by copyright, trademark, patent, trade secret and other applicable laws.
Additionally, Foundation or its Affiliates own all of the trademarks, service marks, slogans and logos (collectively, the “Marks”) used and displayed on the Offerings unless otherwise noted. Without the explicit consent of Foundation, no Offerings or Marks may be copied, reproduced, displayed, republished, downloaded, posted, digitized, translated, modified, transmitted, distributed or commercially exploited in any way. Any unauthorized use of the Offerings or Marks may violate copyright, trademark and other laws. We retain all rights not expressly granted, and nothing in these Terms constitutes a waiver of any rights under copyright laws or any other federal, state, local or international law, regulation, ordinance or treaty. Nothing in these Terms should be construed as conferring by implication, estoppel or otherwise, any license or right under or to any intellectual property right, including without limitation, any patent, trademark, service mark or copyright of Foundation, its Affiliates or any third party.
Foundation will allow you to view, print, download and share Content for your own personal use or for an educational use including without limitation, the education of individuals, groups or the general public, provided that (i) the Content used must retain any copyright, intellectual property, proprietary or other notices or disclaimers contained in the original materials, (ii) you must give attribution to Foundation and if possible provide a reference to Foundation’s website where the Content is available (www.oberkotterfoundation.org, or any subdomain thereof), and (iii) the Content used must be used in its entirety without modification, reformatting, adaptation or adjustment. Content may not be used for any for-profit or commercial activities or purposes of resale. You acknowledge that you do not acquire any ownership rights by accessing or downloading copyrighted or trademarked Content.
If you intend to use any Content for purposes other than personal or educational use as described herein, you agree to obtain all necessary permissions and rights associated with the use of the Content, including our written approval. If you intend to adapt our Content, including without limitation, adding to, deleting from, modifying or combining with other materials, for any purpose including creating a derivative work or publishing a work, you must obtain our prior written approval and can contact us as provided below.
If you share the Content with others, you agree to advise any person with whom you share the Content as to these Terms and they must agree to abide by these Terms. Failure to abide by these conditions will immediately terminate this permission and may result in the infringement of the copyrights and/or trademarks owned by Foundation or its licensors.
Access to and Participation in the Foundation Content and Services
You may voluntarily choose to participate in certain Services offered by Foundation, including without limitation, requesting email or text messaging reminders. In accessing the Services, you are responsible for any content you provide, including any personal information you choose to transmit or otherwise share through the Services. We do not share your personal information without your permission. See our Privacy Policy for more information.
You may only share content that you own or that you have permission from the owner to share. By way of example and not limitation, if you post a photograph of yourself with others, you must obtain a permission or a release from the other individual(s) appearing in the photograph to use their image and you must own or have a license to the copyright in the photograph. By sharing or posting content, you warrant or represent that you own or control all of the rights to such content, or otherwise have permission from the rights owner to use or share such content.
Foundation may, but has no obligation to, review the Services and remove content, at any time, in its sole discretion, without notice for any or no reason, including the removal of content that in Foundation’s opinion violates these Terms or any other terms we have established with respect to the Foundation Offerings. Foundation is not responsible for any content that is removed or deleted.
You agree that Foundation may, and you authorize Foundation to, make and retain copies of any content that you provide as may be necessary, in Foundation’s sole discretion, for the operation and maintenance of the Services. When you provide any content as part of your participation in the Services, you automatically grant to Foundation an irrevocable, perpetual, non-exclusive, transferable, royalty-free, worldwide license (with the right to sublicense) to (i) use, copy, perform, display, reformat, post and distribute your content for any purpose in connection with Foundation’s Offerings and (ii) prepare derivative works of the content or incorporate it into other works. In those cases, Foundation shall be entitled to unrestricted use and dissemination for any purpose without acknowledgement or compensation to you. You also permit any other users of the Services to access, view, store or reproduce your content for such other users’ personal use.
You represent and warrant that you have the right to grant the foregoing license and that your content does not violate any rights, including intellectual property rights, of any person or entity. You are responsible for any royalties, fees or other costs due as the result of any content you post or share through the Services.
You may remove your content at any time and/or request Foundation to remove your content, recognizing, however, that some information, messages, posts or other content, depending on the type and how posted, may not be entirely removable. The license granted to Foundation above will continue after any removal of your content. Foundation is permitted to retain archived copies of any content that is removed. After removal, your content may still be viewable (e.g., in archived or cached pages or in copies that were printed or saved by other users of the Services).
In accessing certain Content or Services, you may be asked to provide your name, email address and/or a telephone number. You agree to provide correct information about yourself as may be required or prompted by any forms related to the Content or Services. You further agree to timely update any information you provide to Foundation so that it continues to be correct for so long as you desire to access the Content or participate in the Services. While we may share your name in connection with delivery of the Content or Services, we will not make your email address, telephone number or other personal information you share with us public. See our Privacy Policy for more information. It is your responsibility to carefully consider what, if any, additional personal information and content you choose to make available as part of your access to the Content or participation in the Services.
You agree not to use any other person's information to access any Content or Services without their express consent.
Foundation Editorial Comments
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the general operation and functionality of the Foundation Offerings provided by you to Foundation through service requests (“Editorial Comments”), are non-confidential and shall become the sole property of Foundation. Foundation shall own the exclusive rights to the Editorial Comments including all intellectual property rights; and Foundation shall be entitled to the unrestricted use and dissemination of these Editorial Comments for any purpose without acknowledgment or compensation to you. Any reasonable request you make to republish your Editorial Comments will be granted.
Disclaimer
You acknowledge that the Offerings are provided “as is” for general information only and without warranties of any kind. The Offerings are not meant to be used to replace the services of qualified professionals including without limitation, medical or educational professionals. While Foundation endeavors to keep the Offerings current, information related to healthcare, education and other fields may change rapidly and the Offerings should not be relied upon to be fully comprehensive or error-free. Foundation does not recommend, endorse or make any warranties or representations of any kind with regard to the accuracy, completeness, timeliness, quality, efficacy or non-infringement of any of the Offerings or by the companies or organizations linked or referred to in the Offerings. The Offerings do not provide medical or educational advice or recommendations to individuals and you should not rely on the Offerings as a substitute for consultations with qualified professionals who are familiar with your or a family member’s questions or needs. Foundation encourages you to seek the guidance of qualified professionals for specific information and services.
Foundation does not endorse or otherwise verify the accuracy, truthfulness or reliability of any information provided in the Offerings unless it is provided by an authorized and designated Foundation spokesperson. The Offerings are managed, hosted and maintained by a variety of employees and consultants of Foundation. Such employees and consultants are generally not authorized Foundation spokespersons, unless specifically designated as such, and their views or actions in managing, hosting and maintaining the Offerings do not necessarily reflect those of Foundation.
In certain instances, Foundation permits third parties to share their personal and/or professional stories, to facilitate learning experiences or to provide testimonials, photographs, videos, resources and other information. Foundation may from time to time post articles and other information provided by third parties that might be of interest or benefit to the public. You acknowledge that the opinions and recommendations of third parties contained in the Offerings are not those of Foundation or endorsed by Foundation. Foundation does not recommend, endorse or make any warranties or representations of any kind with regard to the accuracy, completeness, timeliness, quality, efficacy or non-infringement of any of the content contributed by third parties, and you rely on such content solely at your own risk.
There is no warranty, representation or guarantee that the Offerings will continuously operate or be error free or that any problems will be corrected, or that any information, software or other material accessible from the Offerings is free of viruses, worms, Trojan horses or other harmful components. Further, we do not warrant, guarantee, or make any representations regarding the use of, or the results of the use of the Offerings either in terms of their compatibility with hardware or other software, their reliability, timeliness, or otherwise; and you rely on the Offerings solely at your own risk.
Any and all other representations and warranties including but not limited to any implied warranties of merchantability and/or fitness of the product for a particular use or purpose, quality, course of dealings, usage of trade, inaccuracy in content caused by our failure to perform with reasonable care, quiet enjoyment or non-infringement are hereby expressly disclaimed.
Foundation makes no representation that it operates (or is legally permitted to operate) in all geographic areas. Foundation makes no representation that the Offerings are appropriate or available for use in all geographic locations and accessing the Offerings from territories where the content or the services of the site is illegal is expressly prohibited. If you access the Offerings from any country other than the United States of America, you acknowledge that you are doing so on your own initiative and you are solely responsible for compliance with all applicable laws.
Disclaimer Regarding Translated Content
In addition to the general disclaimer provided under these Terms, Foundation does not warrant the accuracy, reliability, or timeliness of any Offerings in languages other than English (“Translated Content”). Any person or entity that relies on information obtained from Translated Content does so at his or her own risk. Foundation is not responsible for any damage or issues that may possibly result from using the Translated Content. If any questions arise concerning the accuracy of the information presented in the Translated Content, please refer to the official English version of the website.
Links
Foundation may provide links to other Internet sites or resources. Foundation likewise may permit others to post on certain public forums links to other Internet sites or resources. The information provided to you in such links is provided solely for your interactive education and enjoyment. The results are not guaranteed to be accurate and are in no way endorsed, offered or guaranteed by Foundation.
Links to the Site are permitted by Foundation. You should be aware that links to the Site may be provided from other sites, either known or unknown to Foundation, and some links to the Site may be unauthorized, and accessing any other site linked to or from the Site is done at your own risk. Foundation has not reviewed and is not responsible for the content of any third-party sites linked to or from the Site.
If you choose to click on the links to any third party websites or otherwise engage in any correspondence or business dealings with or other purchase of products or services from any third parties, you do so on your own initiative and you agree that Foundation is not responsible or liable for any loss or damages of any sort incurred as a result of any such dealings or as a result of the acknowledgement of or links to such third parties in conjunction with the Site. In addition, upon clicking on a link to any third-party website, you will be subject to the terms, conditions and policies of that third party site. We encourage you to read all applicable terms and conditions agreements and policies before using any third-party site.
General Indemnification
You agree that you will hold harmless Foundation, its Affiliates, and their respective officers, directors, employees, volunteers, licensors and suppliers from all claims arising out of or related to your access or use of, or your inability to access or use, the Offerings and other sites to which the Offerings link. If your use of the Offerings results in the need for servicing, repair of equipment or loss of data, you will assume any costs thereof. Your indemnification of Foundation includes, without limitation, any claim of libel, defamation, violation of rights of privacy or publicity, loss of service by third parties and the infringement of intellectual property rights or other rights.
Limitation of Liability
IN NO EVENT AND UNDER NO CIRCUMSTANCES SHALL FOUNDATION, ITS AFFILIATES, THE CONTRIBUTORS OF INFORMATION TO THE OFFERINGS OR OUR LICENSORS OR AUTHORIZED REPRESENTATIVES BE LIABLE TO YOU OR ANY THIRD PARTY FOR SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFITS, LOST SAVINGS, OR LOSS OF DATA) ARISING OUT OF YOUR OR ANY UNRELATED PARTY’S USE OR INABILITY TO USE THE OFFERINGS OR YOUR OR ANY UNRELATED PARTY’S RELIANCE ON OR USE OF INFORMATION, PRODUCTS OR SERVICES PROVIDED ON OR THROUGH THE INTERNET, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES OR OTHER DATA LOSS, ERRORS, DEFECTS, DELAYS IN OPERATION, SERVICE OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE OF THE OFFERINGS, EVEN IF WE, OR ANY OF OUR AUTHORIZED REPRESENTATIVES, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND EVEN IF THE REMEDIES STATED IN THESE TERMS FAIL OF THEIR ESSENTIAL PURPOSE.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, FOUNDATION’S OR ITS AFFILIATES’ LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER RELATED TO THE OFFERINGS SHALL BE LIMITED TO THE AMOUNT PAID BY YOU TO FOUNDATION OR ITS AFFILIATES, AS THE CASE MAY BE. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO FOUNDATION OR ITS AFFILIATES, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY. UNDER NO CIRCUMSTANCES, HOWEVER, SHALL FOUNDATION’S OR ITS AFFILIATES’ LIABILITY TO YOU EXCEED $50.
Term & Termination
These Terms are effective from the date that you first access the Offerings and continue in effect until terminated in accordance with these Terms.
Foundation may terminate your access to the Offerings or may deactivate your Account at any time in its sole discretion, without notice, for any or no reason. Cause for such termination shall include, without limitation: (i) breaches or violations of these Terms; (ii) requests by law enforcement or other government agencies; (iii) discontinuance of or material modification to the Offerings, including the Site, the Content, the Services, or any part thereof; (iv) unexpected technical or security issues or problems; (v) fraudulent or illegal activities performed by or on behalf of you in connection with the Offerings; (vi) a request by you to terminate your access or a statement by you that you no longer agree to these Terms; and/or (vii) any other reason reasonably considered by Foundation to be in its best interest.
You agree that any termination of your access to the Offerings may be effected without prior notice and you acknowledge and agree that Foundation may immediately deactivate or bar any access to such information or content by you or others. Foundation shall not be obligated to return or provide copies of any of your information, files or content. You further agree that Foundation shall not be liable to any third-party for any termination of your access to the Offerings.
Upon termination, Foundation will have no further obligation or responsibility to you and you will have no further obligation or responsibility to Foundation; provided, however, the foregoing statement does not apply to any liability, responsibility, or obligation of either party existing or arising prior to the effective date of termination. Your obligations under these Terms, which by their nature are intended to survive termination (such as indemnification and limitations of liability) shall survive the termination of your access to the Offerings.
Foundation retains the right to retain archival copies of all information and may use the information for whatever purposes we deem appropriate.
Deactivation of the Offerings
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Offerings, or any part or portion thereof, with or without notice to you. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Offerings, or any part or portion thereof. Nothing in these Terms shall be construed to obligate Foundation to maintain and support the Offerings, or any part or portion thereof, during the term of these Terms.
Digital Accessibility Policy
Foundation is committed to ensuring that all individuals, with or without disabilities, have equal or equally effective access to web pages, web-based applications, and digital information and resources associated with Foundation. Foundation strives to satisfy the web content accessibility guidelines (WCAG) Version 2.1 AA and seeks to make updates and improvements with respect to accessibility on an ongoing basis. Foundation welcomes your feedback regarding the accessibility of our Offerings. If you have any questions or feedback about the accessibility of our website or Offerings, please contact us at info@oberkotterfoundation.org.
Notice of Claims of Intellectual Property Violations
The Offerings may include pictures, video, information, testimonials, letters, marks, slogans and other content uploaded or provided by third parties or otherwise received from third parties. In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Foundation does not permit the use of any Content as part of the Offerings that infringes on the copyright or trademarks or rights of publicity of others, and Foundation will take reasonable steps to remove any such Content that violates the copyright or trademarks or other rights of others if properly notified of such violation in accordance with the procedure set forth in these Terms. In addition, Foundation, in our sole discretion, may limit access to the Offerings and/or may terminate any Account used in connection with the infringement of any intellectual property rights, whether or not there is repeat infringement.
If you believe that any of the Offerings or any content contributed by third parties infringes your copyright or trademark rights or your rights of publicity, please provide Foundation (using the contact information provided below) with the following information:
An alleged infringer may provide counter-notice to Foundation that includes the following:
We suggest that you consult an attorney before sending us a notice or counter-notice of any claim of infringement of any copyright or trademark or right of publicity. Foundation’s contact for the notice or counter-notice of any claim of infringement of any copyright or trademark or right of publicity is as follows:
Oberkotter Foundation
Attn: Albert Suh, Vice President, Administration and General Counsel
123 S. Broad Street, Suite 1500
Philadelphia, PA 19109
Email: info@oberkotterfoundation.org
Please provide all of the information requested above. No specific form is required to provide Foundation with notifications of possible infringement or counter-notification. However, it will take Foundation longer to process your notice if any of this information is not provided, and in some cases, we may not be able to process your notice.
Privacy
Foundation understands that visitors accessing the Offerings may be concerned about the information that they may provide or that may be generated from their access of the Offerings and may have questions about how Foundation may use such information. Protecting privacy is an important priority to Foundation. Our Privacy Policy governs the collection, use, retention and disclosure of personal information and aggregate information gathered from the visitors’ access of the Offerings. By agreeing to these Terms, you are also accepting and agreeing to our Privacy Policy.
Equitable Remedies
You agree that, if the terms of these Terms are not specifically enforced, we will be irreparably damaged, and therefore you agree that we shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to any breach(es), in addition to any other available remedies.
Governing Law; Venue; Statute of Limitations
These Terms are governed by the laws of the Commonwealth of Pennsylvania, U.S.A., excluding any conflict of laws, rules or similar principals, and the applicable laws, regulations and treaties of the United States of America. Any action arising out of any dispute with respect to this Agreement shall only be brought in the state or federal courts located in Philadelphia County, Commonwealth of Pennsylvania. You agree that any claim against Foundation shall be brought within one year from when the claim arose regardless of the applicable statute of limitations, and any claims not brought within such period of time shall be deemed waived.
Dispute Resolution
In the event of any dispute arising out of these Terms, you and Foundation each agree to use good faith efforts to resolve our differences amicably. In the event those efforts are unsuccessful, you and Foundation agree not to commence litigation until attempting to resolve our dispute through mediation. Either you or Foundation may initiate the mediation process with thirty (30) days’ prior written notice to the other. The dispute shall be submitted to mediation in Pennsylvania, U.S.A. Costs of mediation shall be borne equally by both you and Foundation. Mediation of the dispute shall be completed within fifteen (15) days of commencement, unless you and Foundation agree to extend the time by mutual agreement or unless the mediator declares you and Foundation to be at an impasse. Notwithstanding the above, in the event that Foundation believes that immediate injunctive relief is required to protect its rights, Foundation may invoke the immediate powers of the appropriate court of law without the requirement to first mediate the dispute.
Miscellaneous
You agree that no joint venture, partnership, employment or agency relationship exists between you and Foundation as a result of these Terms or your use of the Offerings.
If any provision of these Terms is held to be illegal, invalid, or unenforceable, then that provision shall be fully severable from these Terms and shall not affect the legality, validity, or enforceability of the remaining provisions of these Terms.
Failure by us to enforce any particular term of these Terms shall not be construed as a waiver of any of our rights hereunder.
These Terms have been written in the English language and the English language shall control. These Terms, which are in English, shall be interpreted in accordance with the commonly understood meaning of the words and phrases in the United States of America. You waive any right that you may have under local law to receive these Terms in any language other than English.
These Terms (and each supplemental agreement referenced in or referencing these Terms found on the Site) constitutes the entire agreement between you and Foundation with respect to the Offerings.
Contact Information
If you have any questions regarding these Terms, you may contact Foundation by mail or email as follows:
Oberkotter Foundation
123 S. Broad Street, Suite 1500
Philadelphia, PA 19109
Email: info@oberkotterfoundation.org
How to Use Foundation Resources
Foundation has created our website content, videos and resources to allow you, if you find them valuable, to use, share and refer to them regularly for personal and educational purposes. You may view, print, download or share any of our materials for such purposes.
If you are a parent of a child who is deaf or hard of hearing, consider sharing our videos, handouts and other materials with your family members and friends or with professionals who are on your child’s LSL Team. Professionals, you may want to use our materials as client handouts during a session, link to them in your next professional presentation, share them with your colleagues for discussion or refer to them during your professional experiences. However you choose to use our materials, we ask that you adhere to our guidelines.
To share videos, resources or links, follow these three easy steps:
If you wish to use Foundation materials in a non-educational context or as part of a project that would require their alteration, or if you wish to use our logo on its own and separate from our materials, you must first obtain our written permission. Contact us at info@oberkotterfoundation.org and include the following information. We will be happy to help you!
The Oberkotter Foundation and its subsidiary Hearing First, LLC (collectively, "we" or "us") are committed to protecting your privacy. This privacy policy ("Policy") describes how we collect, use, and otherwise process your personal information.
This Policy is incorporated into and made part of our Terms and Conditions. Please read our Terms and Conditions, and this Policy carefully. It is your choice whether or not to provide personal information to us. If you choose to do so, you are giving us your express consent to use, process, and disclose your personal information as set forth in this Policy. If you choose not to provide your personal information to us, you may not be able to use the full extent of our Websites and Services.
Scope of this Policy
This Policy is intended to describe how we process personal information relating to:
This Policy does not apply to information that we collect from our employee and non-employee workers, job applicants, job candidates, or independent contractors, or information we collect through any other means not listed above.
In this Policy, “personal information” means information relating to an identified or identifiable natural person. An identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identified such as a name, an identification number, location data, and online identified or to one or more factors specific to his/her physical, physiological, genetic, mental, economic, cultural, or social identity. Personal information does not include aggregate information or de-identified information, meaning that the information can no longer be attributed to an identifiable natural person without the use of additional information.
Personal information is required for us to be able to provide certain features of our Websites and Services to you. In addition, some of the services we provide require that we disclose your personal information to third parties, such as to service providers that help us to provide those services. If you are not willing to provide your personal information and have it disclosed to third parties in accordance with this Policy, you may not be able to use certain features of our Websites or Services.
Our Websites and Services may contain links that enable you to share content on social media, links to other websites, and link to third-party apps that do not operate under this Policy. These third-party services, websites, and apps may independently solicit and collect personal information from you. We encourage you to review the privacy statements of all third-party websites you visit to understand their privacy practices.
While we strongly support the protection of privacy on the Internet, we do not have control over, and cannot be responsible for, the actions of other third parties. We encourage you to review each such third party’s privacy statement and other otherwise understand its privacy practices, before providing personal information directly to it.
Personal Information We Collect and How We Collect It
We collect personal information from and about users of our Websites and Services. You provide some of this information directly, such as when you complete an online forms or contact us. We also may collect some of your information, such as your IP address, automatically when you visit and use our Websites and Services. We also may collect your personal information from third-party partners.
We collect the following information:
We may use various technologies to automatically collect information from your computer or device and about your activities on our Websites and Services.
The technologies we may use for automatic information collection include:
How We Use Personal Information
While the purposes for which we may process personal data will vary depending upon the circumstances, in general we use personal information for the purposes set forth below.
We may use information that we collect about you to:
We may de-identify personal information and create anonymous and aggregated data sets and reports in order to assess, improve and develop our business, products and services, and for other research, marketing and analytics purposes.
Sharing of Personal Information
As discussed more fully below, we share your personal information as necessary to provide the services you request, including sharing information with service providers; when required by law; to protect rights and safety, and with your consent.
We may share personal information with:
Other situations: We also may disclose your information:
Third-Party Privacy Policies: Any third parties to whom we may disclose personal information may have their own privacy policies which describe how they use and disclose personal information. Those policies will govern use, handling and disclosure of your personal information once we have shared it with those third parties as described in this Policy. If you want to learn more about their privacy practices, we encourage you to visit the websites of those third parties. These entities or their servers may be located either inside or outside the United States.
Your Privacy Rights and Choices
How You Can Access, Amend, and Request Deletion of Your Information
You may request to review, update, amend, have deleted, or otherwise access your personal information that we collected or otherwise maintain subject to certain limitations under applicable laws. You may submit a request to us by using the contact information provided at the end of this Policy.
We will respond to your request as soon as practicable for us and in the timeframes provided under the applicable privacy laws.
Your Choices About Collection and Use of Your Information
You can choose not to provide us with certain information, but that may result in you being unable to use certain features of our Websites and Services because such information may be required in order for you to participate in a survey, receive a gift card subject to eligibility, or ask us questions.
Opt-Out
You may be given a choice as to whether you want to receive marketing or promotional e-mails or newsletters from us. At any time you can choose to no longer receive marketing or promotional emails or newsletters from us by modifying your email preferences by selecting the “Opt-Out” link found in the footer of the communication. You may modify your choice at any time by using the “Opt-Out” link as described above. It may take up to 10 business days for us to process an opt-out request. Please note that opting out of receipt of promotional email communications will only affect future activities or communications from us. If we have already provided your information to a third party before you have changed your preferences or updated your information, you may have to change your preferences directly with that third party.
Even if you opt-out of receiving marketing or promotional communications, you may continue to receive other types of transactional and relationship e-mail communications, such as sending you a survey you have elected to participate in.
Data Retention
We will retain your personal information for the period necessary to fulfill the purposes outlined in this Policy, and will delete information relating to a personal user account when the user deletes their account, unless a longer retention period is required or permitted by law or defined in an agreement. We may retain personal information for longer where required by our regulatory obligations or professional indemnity obligations, or where we believe it is necessary to establish, defend or protect our legal rights and interests or those of others.
We will also retain usage data for internal analysis, to strengthen the security, or to improve the functionality of our Websites and Services.
Children’s Personal Information
Our Websites and Services are not directed at children under the age of 18, and we do not knowingly collect personal information from children under the age of 18. If you are under the age of 18, you may not use our Websites and Services or provide your information to us through the Websites and Services or otherwise. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce this Policy.
Security
While we are focused on the security of your personal information and follow standards, processes and procedures that are designed to protect your personal information, you must remember that the Internet is a global communications vehicle open to threats, viruses and intrusions from others and so we cannot promise, and you should not expect, that we will be able to protect your personal information at all times and in all circumstances.
You should also take care with how you handle and disclose your personal information and should avoid sending personal information through insecure email. Please refer to the Federal Trade Commission’s website at https://www.ftc.gov for information about how to protect yourself against identity theft.
No Rights of Third Parties
This Policy does not create rights enforceable by third parties.
Changes to this Policy
We may modify this Policy from time to time and will notify you of any updates to our Policy by posting the revised Policy on our Websites and Services. The last updated date set forth at the top indicates the last time we revised this Policy. We encourage you to review the Policy each time you visit our Websites and Services to see if this Policy has been updated since your last visit.
Contact Us
If you have any questions about this Policy or our privacy practices, please contact us by e-mail or postal mail as follows:
Oberkotter Foundation
Attn: Albert Suh, Vice President, Administration and General Counsel
123 S. Broad Street, Suite 1500
Philadelphia, PA 19109
Email: info@oberkotterfoundation.org