kidsDMExchange.org - Terms of Use

ACCEPTANCE OF TERMS

http://www.kidsdmexchange.org/

This website offers online resources, including free classified listings for children's durable medical equipment, forums, chat rooms and message boards, subject to the following Terms of Use. By utilizing this website in any manner, you are agreeing to comply with the Terms of Use listed herein. In addition, when utilizing http://www.kidsdmexchange.org/ in any manner, you agree to abide by all guidelines, rules and expectations of this website. Terms of Use may change at any time without notice. Any subsequent modifications should be followed as well as a term of use of this website. Participants and visitors are to notify the owners/administrators of this website immediately if misuse occurs or if these terms are not followed by other participants. This website reserves the right to strictly enforce the Terms of Use through community moderation, investigation, litigation and prosecution.

TERMS CONTAINED IN THIS DOCUMENT

"List" - to place an item on this website with the intent to trade/exchange it at no cost. Items listed should be freely given to other families with special needs children.
"Exchange" - to receive an item listed with the immediate intent to utilize it to the best of your ability in order to improve the quality of life for your special needs child. By receiving an item through the exchange process, we hope that your long-term intent is to exchange it through this website once your child no longer needs the equipment/supplies.
"Trade" - to freely place an item on this website so that another family with a special needs child can request the item for its use with their own child.

"Recycle" - to continue to exchange items through this website.

"Listing party" - the individual/family/party who places a free listing on this site with the intent to trade/exchange it at no cost.

"Receiving party" - the individual/family/party who receives items via this website through the exchange process.

"Exchange process" - the process established between the listing party and the receiving party so that items can safely be exchanged (via local exchange or shipping). This process will include the exchange of e-mail addresses in order to establish a method of exchange. It is the responsibility of both parties to establish this method. This website is not responsible for any part of the exchange process. Our only responsibility is to provide these free listings, securely maintain listing party e-mail addresses and share what information we are authorized by the listing and receiving party to share.

"Safe Exchange Site" - a location of business that is available by the business as a safe place for listing parties and receiving parties to meet in person to exchange items. Safe Exchange Sites are not responsible for any part of the exchange process. They are offering their location as a safe place to meet at no cost to this website, the listing or the receiving party. By offering their safe location, these businesses neither endorsing our website nor the products traded via this website.

"Participant" - a visitor to this website who utilizes this site to either list, trade or find used durable medical equipment.

"Durable Medical Equipment" - a term of art used to describe certain Medicare benefits, that is, whether Medicare may pay for the item. The item is defined by Title XVIII the Social Security Act:

(n) The term "durable medical equipment" includes iron lungs, oxygen tent,. hospital beds, and wheelchairs (which may include a power-operated vehicle that may be appropriately used as a wheelchair, but only where the use of such a vehicle is determined to be necessary on the basis of the individual's medical and physical condition and the vehicle meets such safety requirements as the Secretary may prescribe) used in the patient's home (including an institution used as his home other than an institution that meets the requirements of subsection (e)(1) of this section or section 1819(a)(1)), whether furnished on a rental basis or purchased, and includes blood-testing strips and blood glucose monitors for individuals with diabetes without regard to whether the individual has Type I or Type II diabetes or to the individual's use of insulin (as determined under standards established by the Secretary in consultation with the appropriate organizations); except that such term does not include such equipment furnished by a supplier who has used, for the demonstration and use of specific equipment, an individual who has not met such minimum training standards as the Secretary may establish with respect to the demonstration and use of such specific equipment. With respect to a seat-lift chair, such term includes only the seat-lift mechanism and does not include the chair.
(Source: Wikipedia.com)

This website also considers walkers, gait trainers, braces, etc. as durable medical equipment.

CONTENT

Partipants/visitors of this website understand that all postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from this website, are the sole responsibility of the
person from whom such postings, messages, text, files, images, photos, video, sounds or other materials originated.

NOTIFICATION OF INFRINGEMENT / NOTIFICATION OF MISUSE

If you believe that your privacy or your rights have been in any way violated through this website by other participants/visitors; or your intellectual property rights have been violated, please notify http://www.kidsdmexchange.org/ at:

abuse@kidsdmexchange.org

or:

Contact http://www.kidsdmexchange.org/ via telephone at 1.316.733.9978.

If you believe that a participant/visitor of this website is misusing this website in a harmful way that can jeopardize one's privacy, the intent of this website, etc., please contact http://www.kidsdmexchange.org/ at:

abuse@kidsdmexchange.org

or:

Contact http://www.kidsdmexchange.org/ via telephone at 1.316.733.9978

PRIVACY

This website is not responsible for any information users of this website choose to share during the "exchange" or "recycling" process. In addition, the owners/administrators of this website will not be responsible for how others with whom you "exchange" items share your information.

Chat room participation is voluntary and should be considered on an available-to-the-public basis. Any information, medical details, diagnoses, etc. that users wish to share is now available for public viewing and the owners/administrators of this website are not responsible for shared content via chat rooms or message boards.

Any information shared directly to the website owners/administrators will not be shared with others without your written permission. No phone numbers or addresses are required for listing or trading items. However, e-mail addresses are required in order to facilitate exchanges.

RESPONSIBILITIES OF THIS SITE

This is not a medical website for diagnosis or treatment. Articles, blogs, chat room messages and message boards should not be treated as diagnosis or treatment in lieu of obtaining such services from a licensed health care provider. The purpose of this website is to provide a forum for parents/guardians and families of children with special needs. Articles, blogs, chat room messages and message boards are provided for entertainment and encouragement. They are not intended to replace conventional medical treatment, therapies and professional counseling for families or special needs children.

In addition, this website is not responsible for the quality of items for exchange, the method of exchange, the accuracy of listings, the overall safety of participants during the exchange process. Our sole responsibility is to provide this information and to provide a forum for parents/guardians and families of children with special needs.

AGE OF PARTICIPANTS
Any and all participants of this website should be 18 years of age or older.

DISCRIMINATION

This website does not discriminate against participants, visitors, etc. based on race, color, gender, ethnicity, religious beliefs, religious practices, disabilities, level of disability, level of need or socioeconomic status. We ask that participants do not discriminate as well based on race, color, gender, ethnicity, religious beliefs, religious practices, disabilities, level of disability, level of need or socioeconomic status.

OVERALL INTENTION OF THIS SITE
This website was created for the purpose of providing families with special needs children a place to meet, trade durable medical equipment and other supplies that facilitate a child's improvement. As we do not discriminate again participants or visitors of this site based on race, color, gender, ethnicity, religious beliefs, religious practices, disabilities, level of disability, level of need or socioeconomic status, this information will never be asked. However, we do ask that participants and visitors keep in mind that this site was designed for the betterment of children with disabilities and special needs. Misuse of this site, misuse of these listed/exchanged items, etc. will result in the website's right to revoke a participants privileges and use of this site to the best of our ability.

RELIABILITY OF INFORMATION SHARED
The owners/administrators of this website have only asked qualified physical therapists, occupational therapists, speech therapists, educators and physicians to participate in the sharing of helpful information on this website. Please keep in mind that each child is different. What works for one child may not work for another. The owners/administrators of this website are not responsible for misuse of any information shared by the website's chosen columnists. The information shared in this website should not replace conventional medical treatment, therapies and professional counseling for families or special needs children. In addition, any participating writer/columnist who shares any information in disagreement with the convential medical treatment, therapies and professional counseling being received by families is not responsible for misuse of the information he or she has shared.

CONDUCT

Misconduct/Misuse

The owners/administrators of this website will continually monitor appropriate use of this site including chat rooms and message boards. Any items submitted for free listings or wanted ads will be directly reviewed by the owners/administrators before being posted to this site.

Conduct should be respectful and appropriate for this family-friendly website. Misconduct includes harassing participants, stalking participants, violating participants' rights or space in any manner, the explotation of special needs children, the explotation of any minor, the explotation of participants of this website.

By utilizing this website, you are agreeing not to list, e-mail or make available anything:

a) that is unlawful, harmful, abusive, harassing, defamatory, libelous, is harmful to minors in any way, is invasive to other's privacy, that is offensive;

b) that is pornographic in any manner;

c) that exploits children or children with special needs;

d) that exploits any minor;

e) that impersonates any person or entity;

f) that includes personal or identifying information about another individual or group of individuals that violates their privacy;

g) that constitutes or contains "affiliate marketing," "link referral code,"
"junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited
commercial advertisement;

h) that contains any type of advertising or soliciting (sponsors and "Safe Exchange Site" businesses are excluded as this website will share their contact information, services and products indirectly through webads);

i) that advertises any illegal service;

j) that lists items that have not been purchased but rather produced without proper approval of the distribution of such items;

By utilizing this website, you additionally agree not to:
a) contact anyone who has expressed that he/she should not be directly contacted;
b) harass other participants, visitors, families, children through this website;
c) "stalk" or otherwise harass anyone;
d) collect personal data about other users for commercial or unlawful
purposes;
e) use automated means, including spiders, robots, crawlers, data mining
tools, or the like to download data from this website without the owners'/administrators' approval;
f) post irrelevant information.

ITEMS FOR EXCHANGE
Any items that are proven useful in the development of children with special needs will be accepted.

Any items that are not proven useful in the development of children with special needs or that could hinder a child's development or prove otherwise harmful will not be accepted for free listings. These items include, but are not limited to:

a) custom AFOs;
b) custom hearing aids;
c) any item broken beyond repair;
d) any item deemed unsafe to the user;
e) any item that you would otherwise prefer to sell.

QUALITY/SAFETY OF EQUIPMENT
This website, its owners and its administrators are not responsible for the quality or condition of items listed exchanged. However, items to be listed will be monitored.

We ask listing parties and exchanging parties:

a)to be sure the equipment is thoroughly cleaned before exchange (listing party);
b) to thoroughly clean and sterilize equipment before use (receiving party);

The owners/administrators of this website are not responsible for any injuries due to:

a) misuse of any and all items;
b) quality of equipment;
c) condition of equipment;
d) hazardous materials related to this equipment (lead, rust, etc.).

USE OF ITEMS
The owners/administrators of this site are not responsible for the misuse of equipment. If users of this website do not seek proper guidance before, during of after use of equipment for children, the owners/administrators of this website are not responsible for any adverse effects of misuse. Please seek guidance from your medical professionals before you request an item for exchange in order that you are sure it is an appropriate tool/item for your child.

FEES/COSTS ASSOCIATED WITH THIS WEBSITE
This is not an auction site. All items listed will be listed without charge ($0.00). All items listed should be exchanged without charge ($0.00) except shipping and handling fees when applicable (see EXCHANGING ITEMS).

EXCHANGING ITEMS
The owners/administrators of this website are not responsible for establishing the legistics between listing party and receiving party. Safe Exchange Sites have been provided if participants choose to make exchanges in person.

In addition, the owners/administrators of this website will not be held responsible for:

a) equipment not being exchanged (if exchanging arrangements are not completed);
b) damage to equipment;
c) damage to equipment during shipping/handling;
d) misrepresentation of equipment in listing/s;
e) any safety issues regarding the exchange itself and those involved in exchanges (whether local or completed via mail);
f) any safety issues regarding the equipment exchanged.

Arrangements will be made between the listing party and the receiving party. This includes but is not limited to shipping and handling of items and related costs. The owners/administrators of this website are not responsible for the costs of shipping and handling. These costs should be negotiated by the listing party and the receiving party.

The owners/administrators of this website are not responsible for misuse of information related to the payment of shipping/handling. The owners/administrators of this website suggest that neither the listing party nor the receiving party share any personal information including, but not limited to, account information, credit card numbers, personal identifical numbers, checking or savings account information, etc. The owners/administrators of this website are not responsible in the event that this information and shared then misused. The owners/administrators of this website are not responsible for any risk of identity theft through any step of the exchange process.