The terms and conditions of use set out below (“Terms and Conditions”) apply to this website, located at lookseechecklist.com, including but not limited to access to the Looksee Checklist online resources (hereafter referred to as the “Site”). The Site is provided by the Nipissing District Developmental Screen (“NDDS”) and is the property of Nipissing District Developmental Screen Intellectual Property Association. As long as you comply with the Terms and Conditions and register for access, you may enter and use the Site. By accessing, reading and making use of this Site, you agree, on your own behalf and on behalf of any entity, organization, association, group in whatever form and wherever located on whose behalf you may be acting, to be bound by the Terms and Conditions. If you do not wish to be bound by the Terms and Conditions, do not use this Site.

In order to access certain resource materials and to receive other services on this Site, you may be required to register and open an account. You are entirely responsible for maintaining the confidentiality of any user name and password that you are given or select and you are responsible for all activities that occur under your password or account if you fail to keep this information confidential and secure. You may be held liable for losses incurred by NDDS or any other user of or visitor to the Site due to someone else using your password or account as a result of your failing to keep your account information secure and confidential. You agree to immediately notify NDDS of any unauthorized use of your password or user name or any other breach of security.

You may be asked to provide your personal information or that of your child (“Personal Information”) in order to register for access to certain online resource materials available on the Site. NDDS may use you or your child’s Personal Information, including date of birth, to verify identity or to determine your child’s age for the purposes of tracking and recording your child’s development and progress. When you register, you agree to provide accurate, current and complete Personal Information and to promptly update this Personal Information to maintain its accuracy. NDDS has the right to suspend or terminate your account or other registration without notice to you if it suspects that the Personal Information you have provided is inaccurate.

NDDS is committed to protecting the privacy of registered users of this Site. NDDS’s Privacy Policy is available at https://lookseechecklist.com/en/privacy-policy. In order to comply with privacy regulations in the European Union, you will be required to provide consent to NDDS’ collection, use and storage of your and your child’s Personal Information before you can access or use the Site. You agree that NDDS is permitted to collect and store your and your child’s Personal Information in accordance with its Privacy Policy and consent to the practices described in that policy.

You agree that NDDS may send you communications by email related to the activities of NDDS and the Site. You may opt out of receiving such communications by using the unsubscribe link in NDDS communications.

NDDS reserves the right to add to or remove, modify or otherwise change any part of the Terms and Conditions at any time. Changes will be effective when the changed Terms and Conditions are posted on this Site. You should check the Terms and Conditions frequently for changes by checking the date of “Last Update” at the top of this document. If any change to the Terms and Conditions is not acceptable to you, you should discontinue your use of this Site immediately. Your continued use of this Site after changes to the Terms and Conditions are posted will constitute acceptance of the changes.

NDDS may terminate, change, suspend or discontinue any aspect of this Site at any time without notice. Without limiting the generality of the foregoing, NDDS may change the availability of any features, institute new, or change existing fees or charges for the use of the Site or any features thereof, add, remove, modify or otherwise change any contents on this Site, impose limits on certain features or restrict access to parts or all of this Site. NDDS reserves the right, but not the duty, to correct any errors or omissions in any portion of this Site at any time without notice.

You may not use the Site, any contents of this Site or any information provided or accessed through the Site to take any action that could harm NDDS or anyone else, interfere with the Site, or use the Site in a manner that violates any law. For example, you may not:

• Impersonate any person or entity, or misrepresent your credentials, age or any information or Personal Information you provide;
• Engage in unauthorized spidering, scraping, or harvesting of content, or use any other unauthorized means to compile information;
• Harvest or otherwise collect or store any information (including personal information) about other users, including e-mail addresses;
• Solicit, collect, transmit, store, or otherwise make available private information or personal information of any third party;
• Use the Site to send commercial electronic messages or install a computer program on another person’s computer system;
• Obtain or attempt to gain unauthorized access to other computer systems, materials or information on or through the Site;
• Use any device, software, or program to interfere with the Site or attempt to probe, scan, test the vulnerability of, or breach the security of any system, device, or network;
• Circumvent, reverse engineer, decipher, decompile, disassemble, decrypt, or otherwise interfere with any software that is a part of the Site, or use any tools for compromising security (e.g., password-guessing programs, cracking tools, or network probing tools);
• Use another's information, account, or password;
• Take any action that imposes an unreasonable load on our network or infrastructure;
• Upload or otherwise transmit any communication, software, or material that contains a virus or is otherwise harmful to our or our users' computers, devices, or systems;
• Unless specifically provided herein, reproduce or use any trademarks, trade names or other intellectual property found on the Site; or
• Engage in any other conduct that restricts any person from using the Site, or that, in our sole judgment, exposes us, users, or any other third party to any liability, damages, or detriment of any type.

If NDDS determines, in its sole discretion, that you have engaged in any prohibited activities or have otherwise failed to comply with these Terms and Conditions, NDDS may suspend or terminate your use or access to the Site without notice to you. At all times, NDDS shall have the discretion to take such action as it deems necessary, in its sole discretion, to preclude a violation, and NDDS shall not be liable for any damages of any nature suffered by you or a third party resulting from NDDS's actions under these Terms and Conditions.

Copyright © 2019 Nipissing District Developmental Screen Intellectual Property Association. All rights reserved.

All content, code, software, and any other materials that are on the Site, including all intellectual property are owned by or licensed to NDDS and are the exclusive property of NDDS or its licensors, unless otherwise indicated.

The contents of this Site may not be accessed, copied, transmitted, transcribed, reproduced, stored, sub-licensed, re-posted, uploaded, posted, indexed, mirrored, distributed, translated or otherwise used in any way without the prior written permission of NDDS, unless specifically provided for as follows. In particular, NDDS permits you to display the content of this Site on your computer and to print, download and use the Site provided that:

1. The use of the Site is only for lawful non-commercial purposes;
2. The use of the Site is only for educational, informational and/or personal use;
3. You do not modify the contents of the Site;
4. You do not use the Site in any manner that is prohibited by these Terms and Conditions;
5. You do not use the Site in the provision of any other course or training whether given by you or any third party;
6. The Site shall only be used in relation to an individual infant/child;
7. When the Site has been used for an individual infant/child, the completed Looksee Checklist may be copied for archival purposes only, or in order to provide a copy to a healthcare and/or childcare professional in order to assist in the advice or treatment given by the recipient professional for the individual infant /child; and
8. Except as provided herein, you shall not copy, modify or remove any of the trademarks, trade names or copyright notices from the Looksee Checklist, in whole or in part.

Some of the content on this Site may be subject to the copyright of another source. There may be additional restrictions on the reproduction of such content.

LOOKSEE CHECKLIST, ENDDS, ndds.ca, ENIPISSING, THE NIPISSING, ENDDS.COM, NDDS and NIPISSING DISTRICT DEVELOPMENTAL SCREEN are registered trademarks owned by Nipissing District Developmental Screening Intellectual Property Association and licensed to NDDS.

In addition, certain words, phrases, names, designs, and logos used on the Site constitute trademarks of NDDS or Nipissing District Developmental Screen Intellectual Property Association. All other trademarks not owned by NDDS or Nipissing District Developmental Screen Intellectual Property Association that may appear on this Site are the property of their respective owners. You are not authorized to use any of our trademarks, or the trademarks of third parties that may appear on the Site.

If you want to link to this Site, you may do so, provided you agree to the link conditions described below (“Link Conditions”):

1. A link may be established to the following page of this Site: https://www.lookseechecklist.com. Links may not be established to any other pages on this Site without the prior written permission of NDDS.
2. If you link to this Site, your website,
   1. shall not imply that NDDS is endorsing you or your products or services;
   2. shall not imply an affiliation between you or any entity on whose behalf you may be acting without the prior written consent of the NDDS;
   3. shall not misrepresent your relationship with NDDS or present false or misleading impressions about NDDS or its services; and
   4. shall not contain content that may be interpreted as distasteful or offensive.
3. NDDS shall have no responsibility or liability for any content appearing on your website.
4. NDDS may at any time, in its sole discretion, immediately terminate your right to link to this Site, with or without cause. If NDDS exercises this right, you will immediately remove all links to this Site.
5. NDDS may amend these Link Conditions at any time. You agree to abide by these Link Conditions and the other Terms and Conditions on this Site, as amended from time to time.

By establishing a link to this Site, you will be deemed to have agreed to these Link Conditions.

Certain websites may be linked to this Site. Not all of these links may have been permitted by NDDS. Regardless of whether a link has been permitted by NDDS, NDDS is not responsible for the contents of any website that is linked to this Site. NDDS makes no representations or warranties, and does not endorse, any website that is linked to this Site, the contents of any such website, the information appearing on any such website or any of the products or services described on any such website. The fact that a website is linked to this Site does not imply that NDDS sponsors, endorses or is affiliated or associated with the entity that owns or is responsible for the website.

Certain links on this Site may take you to other websites. NDDS provides these links only as a convenience. NDDS is not responsible for the contents of any linked website. NDDS makes no representations or warranties regarding, and does not endorse, any linked website, the contents thereof, the information appearing thereon or any of the products or services described thereon. Links do not imply that NDDS sponsors, endorses or is affiliated or associated with the entity that owns or is responsible for any linked website. If you decide to visit any linked websites, you will do so at your own risk.

Any use of or reliance on this Site, the contents of this Site or the information provided through this Site shall be at your sole risk. NDDS makes no representation or warranty of any kind regarding this Site, the contents of this Site or the information provided through this Site, all of which are provided on an “AS IS” and “AS AVAILABLE” basis. NDDS expressly disclaims all representations, warranties, conditions and endorsements as to the operation of this Site, the contents of this Site or the information provided through this Site. Without limiting the generality of the foregoing, NDDS makes no warranty as to the accuracy, quality or completeness of the contents of this Site or information provided through this Site, nor to merchantability or fitness for a particular purpose, nor to title or non-infringement, nor to the absence of any software virus or other harmful component. NDDS does not warrant that this Site or the delivery, hosting and ancillary services or facilities of third  -party suppliers or third party payment processors utilized by NDDS will continue to operate, will operate without interruptions or will be error-free.

NDDS and Nipissing District Developmental Screen Intellectual Property Association have created the Site to assist parents, health care and child care professionals (Users) with a convenient and easy to use method of recording the development and progress of infants and children within certain age groupings. The Site is not meant to be a substitute for the advice and/or treatment of health care and child care professionals trained to properly and professionally assess the development and progress of infants and children. Although the Site may help users to determine when they need to seek out the advice and/or treatment of health care and child care professionals, Users must still consult with competent health care and child care professionals for advice and/or treatment respecting specific children and their particular needs. Users acknowledge and agree to the following when using the Site:

1. The needs of each infant/child are unique. Each infant/child will develop differently and as such, any perceived limitations in development must be reviewed by a health care and/or child care professional to be properly assessed;
2. While efforts have been made to make the Site as culturally, economically and geographically neutral as possible, it must be understood by Users that they may still reflect some cultural, economic or geographic biases. As such, these biases may affect a specific infant’s/child’s results in a Checklist without actually reflecting a developmental limitation. Again, Users should contact a health care and/or child care professional to review the needs of an individual infant/child;
3. The Site cannot contain every possible indicator of developmental limitations or goals to be met. As such, the Site is not designed for and should not be used to diagnose or treat perceived developmental limitations or other health needs.

NDDS and Nipissing District Developmental Screen Intellectual Property Association make no representation or warranties, express or implied with respect to the Site. This includes, but is not limited to, any implied warranty or merchantability of fitness for a particular use or purpose, and specifically disclaims any such warranties and representations. NDDS and Nipissing District Developmental Screen Intellectual Property Association, and their respective directors, officers, agents, employees, contractors and volunteers expressly disclaim any liability for loss, injury or damages incurred or occasioned as a consequence, directly or indirectly, of the use of Site. By accessing the Site you agree, personally, and on behalf of the persons or organizations referred to in section 1 of these Terms and Conditions, to assume all risk of loss that may arise or be associated with such use.

The Site is made available with the express understanding that NDDS and Nipissing District Developmental Screen Intellectual Property Association are not engaged in rendering health care, child care, medical or other professional services.

You agree to indemnify, hold harmless and defend NDDS, Nipissing District Developmental Screen Intellectual Property Association and all of the persons listed in the preceding section from and against any and all liability, claims, suits, demands, actions, damages, losses, judgments and costs (including legal fees) arising out of or in connection with (i) your use of, access to or reliance on the Site, or of any external links on this Site, any website linked to this Site, or any contents thereof, (ii) your online conduct in connection with the Site, (iii) your (or anyone acting under your password or username) violation or breach of these Terms and Conditions, (iv) your failure to comply with any applicable laws or regulations in connection with the Site, or (v) your negligence, wilful misconduct, or violations of the intellectual property or other rights of any person in connection with the Site. These obligations will survive any termination of these Terms and Conditions.

This Site is controlled by NDDS from its offices within the Province of Ontario in Canada. This Site can be accessed from all provinces and territories of Canada, as well as from other countries around the world. As each of these jurisdictions has laws that may differ from those of the Province of Ontario, all matters relating to access to, or use of, this Site or any website linked to this Site, shall be governed exclusively by the laws of the Province of Ontario and the laws of Canada applicable therein. In the event of any action or proceeding instituted under or related to the Site, or the contents thereof, you consent and submit to the exclusive jurisdiction of the courts of competent jurisdiction in the City of North Bay, in the Province of Ontario. Use of the Site is not authorized in any jurisdiction that does not give effect to all Terms and Conditions, including without limitation this section. In order to comply with privacy regulations in the European Union, you will be required to provide consent to the collection of Personal Information before you can access or use the Site.

These Terms and Conditions and all other legal notices, statements or terms and conditions posted or made available to you in writing by NDDS constitute the entire agreement between you and NDDS. In the event any provision of these Terms and Conditions is held unenforceable, it will not affect the enforceability of the remaining provisions and will be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision. The failure of NDDS to enforce any provisions of the Terms and Conditions or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any Terms and Conditions or to act with respect to similar breaches.

If you have any questions or concerns about these Terms and Conditions, please contact us at:

info@lookseechecklist.com
Administrative Assistant
146 Main Street West
North Bay, Ontario, P1B 2T5

By accessing, reading and making use of this Site, you acknowledge and agree, on your own behalf and on that of any entity on whose behalf you may be acting, that you have received, understand and agree to be bound by the Terms and Conditions and the Privacy Policy and that you consent to any matter that requires your consent or approval as described in these Terms and Conditions.