Welcome

Welcome to Beactivekids.org. By using our site, you agree to abide by the terms of the Terms of Use and the Beactivekids.org Privacy Policy. These are legally binding agreements between you and us; PLEASE READY THEM CAREFULLY. When using Beactivekids.org, you also are subject to other posted guidelines or rules applicable to certain services available on our site. All such guidelines and rules are part of this Terms of Use and you agree to them by using Beactivekids.org.

Because the Web is an evolving medium, we may need to change the terms of this Terms of Use from time to time, in which case we will post the revised Terms of Use on this site. By continuing to use the Beactivekids.org Web site after we post any such changes, you accept the Terms of Use as modified. We may change, restrict access to, suspend or discontinue this Web site, or any portion of this Web site, at any time. From time to time, we may establish general practices, limits, or restrictions concerning the use of our site and the posting of information, comments and other materials by registered users of our community.

Registration and Posting

To obtain access to certain Beactivekids.org services and content, you must become a registered user of the site. We are concerned about the safety and privacy of children and, therefore, we do not permit children under the age of 13 to register to use the Service. In our registration process, you will be required to provide your full name, e-mail address, address and work location. You also will be asked to select a unique password. To post comments, you must supply your username and password. Your e-mail address will not be published to the site and is used solely for comment review purposes. It may be used by the site administrator to contact you, in the event they feel that your comment requires additional clarification or infringes upon these Terms of Use. You agree that the information you supply during the Beactivekids.org registration process, and maintain after registration, will be accurate and complete and that you will not supply the e-mail address of, register under the name of, or attempt to access the site under the name of, another person. We will delete any user account that we believe has been created using false or fraudulent information, and will delete any content posted on the site using such an account.

Termination Actions

We reserve the right to reject or terminate the use of any user name or content that we deem offensive or inappropriate. You are responsible for maintaining the confidentiality of your Beactivekids.org password and account, and are responsible for all activities that occur under your password and account. If you discover or suspect any unauthorized use of your password or account, or any other breach of security, you agree to immediately notify Webmaster through this site’s contact form. We may terminate any user account that is inactive for an extended period of time. We reserve the right to terminate the user account of, and to restrict or deny access to our Web site or any service provided via our Web site to, anyone who violates this Terms of Use or who, in our judgment, interferes with the ability of others to enjoy this Web site, or infringes the rights of others.

Rights to Screen Content

We have the right (but not the obligation), in our sole discretion, to screen content submitted by our users and to edit, move, delete, and/or refuse to accept any content that in our judgment violates this Terms of Use or is otherwise unacceptable or inappropriate, whether for legal or other reasons.

Products and Services Availability

All products described or displayed on the Beactivekids.org website will be delivered only within North Carolina.  Be Active North Carolina, Inc. reserves the right without prior notice to discontinue or change specification on products and services offered on this site without incurring any obligations.

Information Provided by Beactivekids.org

User Submissions

The Beactivekids.org Web site may now or in the future permit the submission of videos, photographs or other communications submitted by you and other users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, Be Active North Carolina, Inc. does not guarantee any confidentiality with respect to any submissions. We assume no responsibility or liability for the deletion, corruption, or loss of any content submitted by a Beactivekids.org user, or for Be Active North Carolina, Inc.'s failure to receive or store submitted content for any reason, including, without limitation, malfunctioning of any network, hardware or software.

You will be solely responsible for your own User Submissions of whatever nature that you post on, transmit via or link to from the Beactivekids.org site and are responsible for the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you are the owner of the content, or otherwise have the right to post such content to our site; (ii) the content is accurate, (iii) the content will not violate the rights of or cause injury to any person or entity, (iv) you own or have the necessary licenses, rights, consents, and permissions to authorize Be Actie North Carolina, Inc. to use the User Submissions in the manner contemplated by this site and these Terms of Service; and (v) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by this site and these Terms of Service.

For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to Be Active North Carolina, Inc., you hereby grant Be Active North Carolina, a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Beactivekids.org Web site and Be Active North Carolina, Inc.'s (and its successor's) business, including without limitation for promoting and redistributing part or all of the Beactivekids.org Web site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Beactivekids.org Web site a non-exclusive license to access your User Submissions through the Web site, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Web site and under these Terms of Service. The foregoing license granted by you terminates once you remove or delete a User Submission from the Beactivekids.org Web site.

In connection with User Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant BCBSNC all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage BCBSNC or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; (v) impersonate another person.

Be Active North Carolina, Inc. does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Be Active North Carolina, Inc. expressly disclaims any and all liability in connection with User Submissions.  Be Active North Carolina, Inc. does not permit copyright infringing activities and infringement of intellectual property rights on its Web site, and Be Active North Carolina, Inc. will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. Be Active North Carolina, Inc. reserves the right to remove Content and User Submissions without prior notice. Be Active North Carolina, Inc. will also terminate a User's access to its Web site, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Web site more than twice. Be Active North Carolina, Inc. also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Be Active North Carolina, Inc. may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Use at any time, without prior notice and at its sole discretion.

By submitting  information, content, testimonials, picture, images and artwork to Be Active North Carolina, Inc. via mail, fax, email or Beactivekids.org Web site upload you provide consent for information submitted to be used externally and post on the Beactivekids.org Web site.  Additional consent may be required.

Prohibited Content

By using our site, you agree that you will not post or otherwise make available any content or material that:

• is profane, sexually explicit, tortuous, vulgar, obscene, libelous, abusive, misleading or unlawful, or infringes the rights of others or interferes with the ability of others to enjoy BetterHealthNC.com;
• harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
• harms minors in any way;
• impersonates any person or entity, including, but not limited to, a BCBSNC employee or another BetterHealthNC.com user, or that falsely states or otherwise misrepresents your affiliation with a person or entity;
• includes personal or identifying information about another person without that person's explicit consent;
• is false, deceptive, misleading, deceitful or misinformative;
• is non-local or otherwise irrelevant;
• infringes any copyright, patent, trademark, trade secret or other proprietary rights of any party;
• you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
• constitutes or includes unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of unauthorized solicitation;
• contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the BetterHealthNC.com Web site or any computer software or hardware or telecommunications equipment;
• interferes with or disrupts the BetterHealthNC.com service or servers or networks connected to BetterHealthNC.com, or disobeys any requirements, procedures, policies or regulations of networks connected to the BetterHealthNC.com;
• intentionally or unintentionally violates any applicable local, state, national or international law;
• provides material support or resources (or conceals or disguises the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act.

Prohibited Behavior Includes:

You further agree that you will not:

• contact anyone who has asked not to be contacted;
• engage in personal attacks, harass or threaten, question the motives behind others' posts or comments, deliberately inflame or disrupt the conversation, or air personal grievances about other users of the community.
• collect personal data about, or the e-mail addresses of, other BetterHealthNC.com users for commercial or unlawful purposes or for purposes of sending unsolicited commercial e-mail;
• repeatedly post the same or similar content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
• take or cause to be taken any action that disrupts the normal flow of postings and dialogue on BetterHealthNC.com (such as submitting an excessive number of messages - i.e., a flooding attack), or that otherwise negatively affects other users' ability to use the BetterHealthNC.com site and/or services;
• use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from BetterHealthNC.com. Exception is made for Internet search engines (e.g., Google) and non-commercial public archives (e.g., archive.org) that comply with our Terms of Use.

External Links

Beactivekids.org may contain links to other Web sites that are not owned or operated by Be Active North Carolina, Inc. and are separate and independent from our site. Visiting such other Web sites from Beactivekids.org is done at your own risk. We are not responsible for, and cannot guarantee, the availability or operation of these links, nor are we responsible for the performance or quality of any products, services, content or other materials made available on or offered through the linked sites. A link to another Web site does not constitute our endorsement of that site, nor of any product, service, content or other material offered on that site.

Copyright Infringement Notification Procedure

If you are an owner of intellectual property or an agent of such owner who believes your intellectual property has been copied and is accessible on this site in a way that constitutes copyright infringement, please notify us using this site’s contact form.

Your Responsibilities

You agree to use our Web site in accordance with this Terms of Use, including our Privacy Policy.

If you see something on the site that you believe is inaccurate, or about which you hold a different opinion, feel free to post a comment. If you see something on the site that you believe violates this Community Agreement, interferes with the ability of others to enjoy the site, or is otherwise objectionable, please notify us using this site’s contact form.

Your interactions with companies, organizations and/or individuals found on or through our site, including any purchases, transactions, or other dealings, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such companies, organizations and/or individuals. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

If there is a dispute between users of this site, or between a user and any third party, you understand and agree that we are under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Be Active North Carolina, Inc., its officers, employees, agents, representatives and successors from any claims, demands and damages of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our site.

You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Web site in a manner that sends more request messages to the Beactivekids.org servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Be Active North Carolina, Inc. grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Be Active North Carolina, Inc. reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Web site, nor to use the communication systems provided by the Web site for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Web site with respect to their User Submissions.

Disclaimer of Warranty; Limitation of Liability; Indemnification

We work hard to make this Web site available to all visitors. We cannot guarantee, however, that our users will always find everything to their liking; nor could we provide a free service if we were exposed to substantial liability. Please read these disclaimers and limitations carefully before using this Web site.

NO WARRANTIES: YOU AGREE THAT USE OF THE BEACTIVEKIDS.ORG WEB SITE ("Beactivekids.com SITE" OR "SITE") AND ANY MATERIAL OR INFORMATION AVAILABLE THROUGH THIS SITE IS ENTIRELY AT YOUR OWN RISK. THIS SITE IS PROVIDED BY BE ACTIVE NORTH CAROLINA, INC. ON AN "AS IS" AND "AS AVAILABLE" BASIS. BE ACTIVE NORTH CAROLINA, INC. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THIS SITE, NOR DO WE GUARANTEE THAT THE SITE WILL BE ERROR-FREE, CONTINUOUSLY AVAILABLE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMITTED BY LAW, BCBSNC DISCLAIMS ANY WARRANTIES FOR SERVICES OR GOODS ADVERTISED ON OR ACCESSED THROUGH ANY LINKS ON THE BEACTIVEKIDS.ORG SITE.

LIMITATIONS ON OUR LIABILITY: UNDER NO CIRCUMSTANCES WILL BCBSNC OR ITS AFFILIATES, AGENTS, EMPLOYEES, REPRESENTATIVES OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES, OTHER THAN DIRECT DAMAGES, ARISING OUT OF YOUR USE OF THIS WEB SITE OR ANY PRODUCT OR SERVICE LINKED TO, FROM OR ADVERTISED OR PROMOTED ON THIS WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA), EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIABILITY, IF ANY, OF BCBSNC AND ITS AFFILIATES, AGENTS, EMPLOYEES, REPRESENTATIVES OR LICENSORS ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THIS WEB SITE WILL NOT EXCEED THE AMOUNT YOU PAID, IF ANY, TO BE ACTIVE NORTH CAROLINA, INC. FOR THE USE OF THIS WEB SITE.

INDEMNIFICATION BY YOU: YOU AGREE TO INDEMNIFY AND HOLD HARMLESS BE ACTIVE NORTH CAROLINA, INC., ITS AFFILIATES, AGENTS, EMPLOYEES, REPRESENTATIVES AND LICENSORS AGAINST ANY LIABILITY OF ANY NATURE ARISING OUT OF ANY CONTENT POSTED ON THE BEACTIVEKIDS.ORG SITE BY YOU OR BY OTHERS USING YOUR ACCOUNT.

CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU.

Miscellaneous

The Beactivekdis.org service may be transmitted to you over various networks, and any content that you contribute may be modified to comply with this Terms of Use or to conform and adapt to our technical requirements and those of connecting networks or devices.

You are solely responsible for obtaining access to Beactivekids.org, and you must provide and be responsible for all equipment needed to access Beactivekids.org.

Our failure to exercise or enforce any of our rights or to enforce any provision of this Terms of Use will not constitute a waiver of such right or provision. If any provision of this Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and that all other provisions of the Terms of Use will remain in full force and effect.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Terms of Use or use of the Beactivekids.org site must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Choice of Law and Forum

Any dispute of any sort that might arise between you and Be Active North Carolina, Inc. will be governed by the laws of the United States and of North Carolina, without regard to its principles of conflict of laws. You and Be Active North Carolina, Inc/ submit to the exclusive jurisdiction of the state and federal courts in the Eastern District of North Carolina.

Feedback

We welcome your questions or comments about this Terms of Use or our Web site, and also welcome any suggestions you may have for improvement of our site. Please send us your feedback using the site’s contact form.

How To Contact Us

Should you have other questions or concerns about these privacy policies, please call us at 919-287-7000 or send us an email at info@beactivenc.org.

Be Active North Carolina, Inc.
1600 Perimeter Park Drive, Suite 125
Morrisville, North Carolina 27560
Phone: 919-287-7000, Fax: 919-287-7001
www.beactivenc.org, info@beactivenc.org