SCREEN FORM TERMS & CONDITIONS OF USE

1. Purpose of Screen Forms

Nipissing District Developmental ScreenUSA ("NDDSUSA") has created and provides the Screen Forms and other developmental assessment tools 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 ("Subjects") within certain age groupings.

2. Screen Forms Not a Substitute for Professional Advice

THE SCREEN FORMS ARE 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 SUBJECTS. AS SUCH, THE SCREEN FORMS ARE NOT INTENDED OR DESIGNED TO BE "DO IT YOURSELF" SUBSTITUTES FOR PROPER AND PROFESSIONAL ADVICE AND/OR TREATMENT.

The Screen Forms may help Users determine when the advice and/or treatment of health care and child care professionals may be advisable or helpful. Users should not substitute the Screen Forms for the advice and/or treatment of competent health care and child care professionals. It is always appropriate for Users of the Screen Forms to also consult with competent health care and child care professionals for advice and/or treatment respecting specific children and their particular developmental issues or needs.

3. Screen Forms Limitations of Use

Users should apply the following limitations, instructions, and cautions when using the Screen Forms:

3.1 The needs of each Subject are unique. Each Subject will develop differently and as such, any perceived limitations in development must be reviewed by competent health care and/or child care professionals to be properly assessed;

3.2 While every effort has been made to make the Screen Forms as culturally, economically and geographically neutral as possible, they may still reflect some cultural, economic, or geographic idiosyncracies or nuances. Such nuances may affect a specific Subject's results in a Screen Form without actually reflecting a developmental limitation. Users should contact a health care and/or child care professional to review the needs of an individual Subject;

3.3 The Screen Forms cannot contain every possible indicator of developmental limitations or goals to be met. As such, the Screen Forms are not designed for and should not be used to diagnose or treat perceived developmental limitations or other health issues.

4. Disclaimer of Warranties

EVERY EFFORT HAS BEEN MADE TO ENSURE THAT THE SCREEN FORMS HAVE BEEN FORMULATED WITH A REASONABLE STANDARD OF CARE. EXCEPT FOR THIS REPRESENTATION, AND AS OTHERWISE SPECIFICALLY PROVIDED IN THE SCREEN FORMS, NDDSUSA MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY IMPLIED WARRANTY OR MERCHANTABILITY OF FITNESS FOR A PARTICULAR USE OR PURPOSE, AND NDDSUSA SPECIFICALLY DISCLAIMS ANY SUCH WARRANTIES OR REPRESENTATIONS. TO THE EXTENT PERMITTED BY LAW, NDDS USATM* EXPRESSLY DISCLAIMS ANY LIABILITY FOR LOSS, INJURY, OR DAMAGES INCURRED OR OCCASIONED AS A CONSEQUENCE, DIRECTLY OR INDIRECTLY, OF THE USE OF THE SCREEN FORM. THE SCREEN FORMS ARE PROVIDED WITH THE UNDERSTANDING THAT NDDSUSA IS NOT ENGAGED IN RENDERING MEDICAL OR CHILD CARE ADVICE OR OTHER PROFESSIONAL SERVICES.

BY USING THE SCREEN FORMS, THE USER RELEASES NDDSUSA AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AUTHORS, AND AGENTS FROM ANY LIABILITY DIRECTLY OR INDIRECTLY RESULTING FROM THE USE OF THE SCREEN FORMS. THE USER'S SOLE REMEDY FOR LOSS, INJURY, OR DAMAGES INCURRED OR OCCASIONED AS A CONSEQUENCE, DIRECTLY OR INDIRECTLY, OF THE USE OF THE SCREEN FORMS SHALL BE A REFUND OF THE AMOUNT PAID FOR THE SCREEN FORMS.

5. Product License

The Screen Forms, and any content contained therein including but not limited to text, graphics and artwork, is owned and copyrighted by NDDSUSA and is subject to copyright and other intellectual property laws. Any unauthorized use is strictly prohibited. By purchasing the Screen Forms, the User is granted a limited license to use the Screen Forms pursuant to the following terms and conditions:

5.1 Each page of the Screen Form shall only be used in relation to an individual Subject;

5.2 When a Screen Form page has been used for an individual Subject the completed Screen Form page may be copied only for archival purposes or to be provided to a health care or child care professional to assist in the advice or treatment given by the recipient professional for the individual Subject;

5.3 The User shall not make copies of the Screen Form pages in any form except as provided in 5.2 above;

5.4 The User shall not modify the Screen Forms, in whole or in part, and shall not remove any of the trademarks, trade names or copyright notices of NDDSUSA from the Screen Forms, in whole or in part;

5.5 By purchasing or using the Screen Forms, the User does not acquire any proprietary or other interest in the Screen Forms.

5.6 Except when used by a health care or child care professional, the Screen Forms shall not be used other than by a parent or legal guardian to screen their own children.

5.7 The User agrees to indemnify, defend, and hold harmless NDDSUSA and its officers, directors, employees, and agents from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement or other use of the Screen Forms not in strict conformity with this Agreement. The User shall report any knowledge of misuse of the Screen Forms to NDDSUSA.

5.8 In the event any portion of these Terms & Conditions is determined to be unenforceable, all other provisions shall remain in full force and effect.

5.9 These terms and conditions shall be governed by and construed according to the laws of the Commonwealth of Virginia.

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*The Nipissing, Nipissing District Developmental Screen USA, NDDS USA and NDDS.ca are trademarks of Nipissing District Developmental Screen Intellectual Property Association, used under license. All rights reserved.