Effective November 1st, 2020
All of the information contained on this Website(s), including the response to any e-mail query, is general in nature and is in no way intended to constitute, and should not be considered by you to be, medical advice or professional services. The information on this web site should not be used to diagnose or treat a medical condition or used or relied upon in lieu of professional services. If you suspect that you may have a medical condition, or are seeking medical advice or treatment, we recommend that you consult a qualified health professional as soon as possible.
When you link to a third-party provider through this Website(s)(s), you are leaving the NCCDP Website(s)(s) and understand that you must read the third-party provider's terms and conditions and privacy policies as they govern the third-party provider's website(s).
The Website(s) may include some or all of the following: (a) educational materials and programs dementia and care of those who have dementia; (b) a platform for the purchase and use of digital content, which allows members, subscribers, and/or one time purchasers to purchase and/or sign up for on-line educational programs for personal use, (c) an e-commerce site, which allows users to purchase products from the NCCDP online store, and (d) links to one or more Website(s) where other services or online content (including content provided by other Website(s) users and third parties), resources, tools, products, communications, and social networking features may be accessed and used. All of the foregoing is collectively referred to as the "Services."
2. Acceptance of Terms and Conditions. The Services are offered to you on the condition that you agree to be bound by this Agreement in its entirety without modification. By accessing and/or using our Website(s), you agree to be bound by this Agreement, whether you are a Visitor, Purchaser or Member. If you do not accept the terms of this Agreement, you are not permitted to use the Website(s) and/or subscribe to the Services, and you are obliged to exit all of the Website(s) and discontinue any and all use of the Website(s) and the Services immediately.
3. Modifications. We may modify this Agreement from time to time and such modifications shall be effective upon posting on our Website(s). By accessing and/or using our Website(s) after any such modification is posted, you are agreeing to be bound by such modifications. You also agree that it is your responsibility to monitor the Website(s) for the posting of modifications and to review such modifications on a regular basis. If you do not agree to be bound by any future modifications of this Agreement, your exclusive remedy is to cancel your account and discontinue your use of the Website(s) and the Services. Periodically, when we update this Agreement, we may require you to affirmatively click on a statement agreeing to the changes.
4. Website(s) Age Requirements and Children's On-Line Protection Act. By accessing and using the Website(s), you represent to us that you are over the age of 18 and you are of legal age to form a legally binding contract, and you are not a person barred from purchasing or receiving products and services, under the laws of the United States or other applicable jurisdiction. Due to the nature of the Internet, we cannot prohibit minors from visiting our Website(s). However, our Website(s) are not directed toward children under the age of 13 and we do not knowingly collect information from children under the age of 13 through the Website(s). If you believe that a child has provided information to us through the Website(s), please contact us by email at firstname.lastname@example.org or by writing us at NCCDP 55 Main Street, Suite 102, Sparta, New Jersey 07872 Attn: Webmaster. We will use our best efforts to remove all of the information provided by the child from our system.
5. Your Account, Password, and Security. Your use of the website to apply for certification, to sign up for seminars and educational courses, to purchase items in the marketplace, and otherwise use the Website may require that you create an account including a password. You are responsible for maintaining the confidentiality and security of the password and all other account information, and you are fully responsible and liable for all access to and use of the Website(s) and the Services that occur under your password or account. You agree to (a) immediately notify us by e-mail to email@example.com of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out from your account at the end of each session. NCCDP will not be liable for any loss or damage arising from your failure to comply with this section. It is a breach of this Agreement to provide your password and/or other member credentials to any other person or entity and that is grounds for termination of your access to the Website(s).
7. Security Components. You agree that the Website(s), the Services, and the software used to implement the Website(s) and the Services, may include security components that permit digital materials to be accessed, used, and protected, and that use of these security components is subject to usage rules set by NCCDP and/or content providers who provide content to NCCDP. You may not attempt to override or circumvent any such security components and usage rules embedded in the Website(s) and the Services.
8. Services and Purchases requiring Payment. Application for certification, renewal of certifications, and purchase of products from the marketplace require payment. Payment information is taken by a third-party vendor that is in the business of facilitating payment by on-line customers for goods and services. NCCDP does not store or disclose credit card account information provided to it on-line. When you elect to pay using their credit card, NCCDP immediately submits the information needed to obtain payment to the appropriate clearinghouse via an encrypted connection. The complete credit card number is never saved on any server hosting any of the Website(s) or the NCCDP databases. Pricing on the Website(s) is subject to change.
If NCCDP is for any reason unable to process a payment via your credit card, NCCDP will attempt to notify you via email and you will not have access to the product or service you were paying for until payment is received.
All prices are exclusive of all excise, sales, use, transfer, and other taxes and duties imposed with respect to the Services by any federal, state, municipal, or other governmental authority, all of which taxes you are required to pay except for taxes based on NCCDP's net income. You are responsible for obtaining and providing to NCCDP any certificate of exemption or similar document required to exempt any transaction from sales, use, or similar tax liability.
You are responsible and liable for any costs and expenses, including attorney and collection fees, that NCCDP may incur in its efforts to collect any remaining balances due from you. This paragraph will in no way limit any other remedies available to NCCDP. You are required to notify us of any billing problems or discrepancies within sixty (60) days after they first appear on your credit card account statement by sending a written notice to firstname.lastname@example.org. If you do not so notify us within the time allowed, you waive any right to dispute such problems or discrepancies.
9. Content and Ownership. The content of this Website(s), including NCCDP Content and Third-Party Content as defined below, are protected by copyright, trademark, patent, trade secret, and other laws. NCCDP and its third-party licensors own and retain their respective rights, title, and interest in and to their respective Website(s) Content. This includes all logos, artwork, pictures, and text that appear on the Website(s). The content available at the Website(s) and through the Services generally consists of (a) content owned by NCCDP, including but not limited to the trademarks, trade dress, and "look and feel" of the Website(s) and content created and/or acquired and owned by NCCDP ("NCCDP Content"), and (b) content owned by third parties and licensed to NCCDP for specified uses on the Website(s) and the Services, including individuals who have received certification as a trainer and offer seminars through the Website(s) ("Third-Party Content"). If you post Content, it is considered to be Third-Party Content. We refer to all of the foregoing collectively as "Website(s) Content."
10. License to Your Content. By posting, displaying, publishing, transmitting, or otherwise making available (individually and collectively, "posting") any content as Third-Party Content, you grant to NCCDP a non-exclusive fully-paid, royalty-free, perpetual, irrevocable, worldwide license (including the right to sublicense) to use, copy, modify, translate, create derivative works, perform, display, store, transmit, distribute, and otherwise make available such Third-Party Content on and through the Website(s), in print, or in any other format or media now known or hereafter invented, without any obligation of notification, compensation, attribution or consent. You may contact us at support@NCCDP.org to request the removal of certain Third-Party Content you have posted, but NCCDP (i) has no obligation to remove any such Third-Party Content, (ii) may choose whether or not to do so in its sole discretion, and (iii) makes no guarantee as to the complete deletion of any such Third-Party Content and copies thereof. In any case, a back-up or residual copy of any Third-Party Content posted by you may remain on NCCDP's servers after the Third-Party Content appears to have been removed from the Website(s), and NCCDP retains all rights granted in this section to all such remaining copies. It also may remain on archive servers not controlled by NCCDP which seeks to archive the contents of the internet. You represent and warrant that: (i) you own all right, title, and interest in all Third-Party Content posted by you on or through our Website(s) and (ii) the posting of your Third-Party Content on or through the Website(s) does not require the knowledge or consent of any Third-Party and does not violate the privacy rights, publicity rights, copyrights, trademarks, patents, trade secrets, contract rights, confidentiality, or any other rights of any Third-Party.
11. Prohibited Conduct. You acknowledge and agree that you shall not use the Website(s) and/or the Service to post or other transmit Third-Party Content that:
is offensive and/or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
harasses or advocates harassment of another person or entity;
exploits people in a sexual or violent manner;
contains nudity, violence, or offensive subject matter;
solicits personal information from anyone under the age of eighteen (18);
provides any personal information including but not limited to telephone numbers, street addresses, last names or email addresses of anyone other than your own;
promotes information that is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
violates the intellectual property or other proprietary right of any Third-Party, including User Content that promotes an illegal or unauthorized copy of another person's work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated video, music or links to pirated video or music files;
involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
includes a photograph of another person that you have posted without that person's consent or, in the case of children under the age of eighteen (18), parental consent, or otherwise constitutes an invasion of an individual's privacy or infringement of publicity rights; or
contains a virus or other harmful component.
12. Third-Party Content That You Post. You, and not NCCDP, are entirely responsible for all Third-Party Content that you upload, post, email, transmit or otherwise make available via the Website(s). Under no circumstances will NCCDP be liable in any way for any Third-Party Content that You post, email, upload, transmit, or otherwise make available via the Website(s), including, but not limited to, any errors or omissions in any such Third-Party Content or any loss or damage of any kind incurred as a result of the use of any Third-Party Content that You posted, emailed, transmitted or otherwise made available via the Website(s). You understand and agree that NCCDP shall have the right (but not the obligation) in its sole discretion to pre-screen, edit, refuse, and/or remove any Third-Party Content or portion thereof that is available via the Website(s). Without limiting the foregoing, and by way of example only, NCCDP shall have the absolute right to remove from the Website(s) any Third-Party Content that violates this Agreement or is otherwise objectionable in the sole discretion of NCCDP or to restrict, suspend, or terminate your access to all or any part of the Website(s) at any time, for any or no reason, with or without prior notice, and without liability. If you become aware of misuse of the Website(s) by any person, please contact NCCDP by email at support@NCCDP.org.
14. Take-Down Notices Under the DMCA. NCCDP will receive and evaluate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA"). Written notices of claimed copyright infringement must be in strict compliance with all terms and conditions of the DMCA and must be submitted according to the procedures set forth in the DMCA to the following Designated Agent for NCCDP:
Name of Agent Designated to Receive Notification of Claimed Infringement on Behalf of NCCDP, Inc:
Full Address of Designated Agent to Which Notification to NCCDP Should Be Sent:
55 Main Street
Sparta, New Jersey 07872
Email of Designated Agent:
15. Term and Termination.
This Agreement, as it may be modified from time to time, shall remain in full force and effect for so long as it is posted on any of the Website(s) or until terminated by NCCDP or by you. It is a breach of this Agreement and grounds to preclude you from using this Website(s) if you share your credentials (e.g. password) with any other person or entity or allow someone else to access the member's portion of the website. It is also a breach of this Agreement and grounds to preclude you from using this Website(s) if you breach any of the terms of this Agreement or if you attempt to copy or use materials from the Website(s) unless explicit permission is given on the Website(s) for downloading of such materials. No termination by you will be effective if you continue to use the Website and you shall continue to be bound by the terms herein if you do so.
The following sections shall survive any termination of this Agreement, your account, and/or your use of the Service: 5, 8, 9, 10, 12, 13, 16, 17, and 18.
Upon suspension or termination, NCCDP shall have no obligation to save any Third-Party Content that you may have posted or otherwise provided, and we reserve the right to permanently delete and destroy any of your personal information and/or Third-Party Content that you posted.
16. Disclaimer of Warranties, Limitation of Liability, and Statute of Limitations. Neither NCCDP nor its employees warrant the accuracy or completeness of the content of this Website(s) and they specifically disclaim, to the fullest extent permitted by law, any and all warranties, express or implied, of any kind or nature whatsoever regarding such content. You agree that the Website(s) and the Services are offered without warranties of any kind whatsoever by NCCDP and/or the providers of Website(s) Content. Your use of the Website(s) and the Services is at your sole risk. The Website(s) and the Services are provided on an "as is" and "as available" basis. Neither NCCDP nor its employees make any representation or warranty that the Website(s) or the Service will meet your expectations or requirements, or that you will achieve any particular results from the use of any of the foregoing, or that the Website(s) or the Services will be uninterrupted, timely, secure, error-free, or free of any harmless components (including viruses, malware, spyware, or comparable components.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, NCCDP WILL IN NO EVENT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM OR IN CONNECTION WITH ANY USE OF THE WEBSITE(S), WEBSITE CONTENT OR SERVICES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE AGGREGATE LIABILITY OF NCCDP TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO NCCDP IN THE TWO YEARS PRIOR TO THE DATE THAT CLAIM IS FIRST ASSERTED.
You hereby waive, release and discharge the NCCDP from and against any claims that you may be entitled to make by reason of any use of the Website, the Services, or of Third-Party Content that you provided, including but not limited to, any claims based on copyright infringement, trademark infringement, rights of privacy or publicity, defamation and otherwise.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website(s), the Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
17. Indemnity. You agree to indemnify, defend, and hold harmless NCCDP from any and all Third-Party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your breach of the terms of this Agreement, or your infringement, or infringement by any other user of your account, of any intellectual property or other rights of any person or entity. NCCDP will use its reasonable best efforts to notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
a. Severability. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, in certain jurisdictions, some of the above limitations of liability may not apply to you. In any such case, and/or if any terms or conditions of this Agreement are held to be invalid for any reason whatsoever, this Agreement shall remain in full force and effect on its remaining terms and conditions of this Agreement unless and until terminated by NCCDP. Furthermore, if any term or condition of this Agreement 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 intentions of the parties as reflected in the invalidated provision.
b. Modification and Discontinuation. We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently the Website(s), or any portion thereof, with or without notice. You agree that we will not be liable to you or to any Third-Party for any such modification, editing, deletion, suspension, or discontinuance of the Website(s).
d. Choice of Law and Forum. This Agreement and the relationship between you and NCCDP shall be governed by the laws of the State of New Jersey without regard to its conflict of law provisions. You and NCCDP agree to submit to the personal and exclusive jurisdiction of the New Jersey Superior Court of New Jersey sitting in Sussex County and the United States District Court for the District of New Jersey. You and NCCDP further agree that no objection will be made to venue in the Superior Court of New Jersey sitting in Sussex County, New Jersey, or to the United States District Court for the District of New Jersey.
e. No Waiver. The failure of NCCDP to exercise or enforce any right and/or remedy under this Agreement shall not constitute a waiver of such right and/or remedy.
f. Relationship of the Parties. You and NCCDP are independently contracting parties dealing at arm's length with each other in connection with this Agreement and the use of the Website(s) and Services. No partnership, joint venture, joint authorship, employment, fiduciary, agency, or other relationship is created between them.
g. Binding on Successors. This Agreement shall be binding on and inure to the benefit of the heirs, executors, administrators, licensees, successors and/or assigns of the parties, as applicable. For the avoidance of doubt, you agree that NCCDP is fully authorized to assign, sublicense and/or otherwise convey and transfer this Agreement and/or any of its rights under this Agreement at any time, in its sole and absolute discretion, and without compensation of any kind to you.
h. Notice. Except as otherwise specified elsewhere in this Agreement, notices to NCCDP may be given at the foregoing email and postal addresses, and notices to you may be given at the address provided to us at the time of registration and/or the purchase of goods and services from NCCDP.
Effective November 1st, 2020.
3. Information Collected by the Website(s). We collect two types of information from users of the Website(s): personal information described below; and non-personal information such as information about traffic patterns on the Website(s).
4. Personal Information. The Website(s) collect personal information in a number of ways. First, for all individuals who visit the Website regardless of whether or not you sign up for email notifications or other Services, the Website(s) collect non-personally identifiable information such as the Internet Protocol Address you are operating from, the operating system, and type of computer hardware that you are using, the domain name from which you linked to our Website(s) and similar flow type information (e.g. which webpages on our Website(s) you visited).
To obtain certain e-mail notifications or electronic publications or certain Services or to purchase products in the marketplace, we require you to provide us with personal information including but not limited to your name and a valid email address.
To purchase products from our marketplace, we require that in addition to your name and email address, you provide us with your address, a shipping address if different from your address, a phone number, and a method of payment. We use a Third-Party payment processing firm to collect payment. We pass the information that is required to process your payment to that Third-Party. NCCDP does not retain your payment information.
To apply for certification, we require additional information including but not limited to educational degrees, other relevant education, work experience, and other certifications, as well as attendance at educational courses designed to train you for certification. If certain courses are provided by third parties (included individuals who have been certified by NCCDP) and you wish to register for such course, we may provide some of this information to the course provider to facilitate your registration for such course.
5. How We Use Your Personal Information. We use the information collected on the Website(s) for a variety of purposes, including, but not limited to, running the Website(s), providing the Services, and contacting users. We may use your information to communicate back to you, to update you on products, services, and benefits, to personalize the Website(s) for you, to contact you for market research, or to provide you with marketing information, newsletters, and other information we think would be of particular interest. In addition, if you make a purchase on any of the Website(s), we may send you order and shipping confirmation emails. We generally give you the opportunity to opt-out of receiving such materials.
You can remove your e-mail address from our e-mail list at any time by following the procedures set forth below ("opt Out Procedures") or by clicking on the "unsubscribe" link in every e-mail from NCCDP. In addition, you can modify your information or change your preferences, as set forth in Section 10 below ("Reviewing or Changing Your Information"). Information obtained through the Website(s) may be intermingled with and used in conjunction with information obtained through sources other than our Website(s), including both offline and online sources.
You can remove all other personal information by contacting us at either email@example.com or at NCCDP, 55 Main Street, Suite 102, Sparta, New Jersey 07872 Attn: Webmaster.
6. Opt-Out Procedures. You have the option to opt-out of receiving information from NCCDP, the Website(s), and the Services. This opt-out messaging will appear at the bottom of every promotional email that is sent out. If you no longer wish to take advantage of the Website(s) or the Services or receive any form of direct contact from NCCDP, whether it is email, discounts, newsletters, or other promotional offers or materials, contact us at firstname.lastname@example.org.
7. Reviewing or Changing Your Information. In order to ensure that the information we maintain is accurate, we give users the option to change or modify their information previously provided during registration. If you would like to change your information currently in our database, please log in and click the "My Account" link on the various Website(s) or email us at email@example.com.
8. Sharing of Your Information. When you join as a member or subscribe to an online publication or email marketing, we will ask you if we have your permission to share the information you provide with Third-Party providers. Periodically, we will request that you review and update that information. NCCDP only shares information with Third-Party providers when it believes that the Third-Party provider has a product or service that would be advantageous to NCCDP's members or subscribers. Such Third-Party providers are only given short term access to your electronic or snail-mail contact information or both, depending on the permission that you give. Such third parties are also required to comply with applicable statutes and regulations regarding opting out from communications.
10. Security. Providing a secure site is essential for your peace of mind and trust in NCCDP. We have installed encryption software conforming to the Secure Socket Layers (SSL) protocol to safeguard all of the commerce related (i.e. credit card and billing address) information you send to us. All information is stored on our servers in a secure location. It is important for you to protect against unauthorized access to your password and to your computer. If your password is compromised, notify Customer Service at once at firstname.lastname@example.org.
11. Children's Online Privacy Protection Policy. The Website(s) and the Services are not intended for or directed to users under the age of 18, and we do not knowingly or intentionally collect personally identifiable information from children under the age of 13 or other minors. Where appropriate, we take reasonable measures to determine that our users are adults of legal age and to inform minors not to submit such information to the Website(s) or the Services or in response to advertisements. If you are concerned that personal information may have been inadvertently provided to or collected by NCCDP, please contact us immediately at Support@NCCDPHQ.org so that we may appropriate steps to remove such information from our database.
12. Privacy Precaution Warning. Please note that no data transmission over the Internet is 100% secure. As a result, we cannot guarantee the security of the information that you transmit via our online services.
13. Your Consent. By using the Website(s), and by providing your personal information to us, you also authorize the storage, use, and export of your personal information as specified herein.
15. State Privacy Laws. Under various state privacy laws, you may be entitled to request a copy of any information that NCCDP has collected from you including but not limited to personal information. Such requests and any other requests pursuant to this paragraph should be submitted to nccdpcorporate@NCCDP.org or to NCCDP at 55 Main Street, Suite 102, Sparta, New Jersey 07872. For sensitive information, we may respond indicating only the last 4 digits or some other identifier for information rather than the complete information. You may also be entitled to request that we delete part or all of such information. We may take reasonable steps to verify your identity before honoring such a request. You may also be entitled to request that we not share information concerning you with third parties. We may take reasonable steps to verify your identity before honoring such a request. In some instances, if you request that we delete some or all of your information or limit how we share or use your information, that prevents us from providing certain Services to you through our Websites. We will alert you to that in the event you make a request that would have such an effect.
"Don't just meet the minimum state regulations regarding dementia education...exceed them!"
Lynn Biot Gordon, LCSW CDP CADDCT CFRDT CMDCP, Chief Operations Officer NCCDP
Sandra Stimson, CADDCT CALA, ADC, CDP, CDCM, Chief Executive Officer NCCDP