Terms of Use

TERMS OF USE

 

            Welcome.  The following Terms of Use (“Terms of Use”) apply to this web site and all other services of Senior Care Society (as defined below).  PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEB SITE OR OTHER SERVICES OF SENIOR CARE SOCIETY.

 

  1. 1.                  YOUR ACCEPTANCE OF THESE TERMS

 

By accessing and using the Senior Care Society web site (the “web site”) in any way, including, without limitation, browsing the web site, using any information, using any content, using any services, or downloading any materials, you agree to and are bound by these Terms of Use.  IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THE TERMS OF USE, DO NOT USE THIS WEB SITE IN ANY MANNER. The Terms of Use are entered into by and between Senior Care Society, LLC, and its subsidiaries, affiliates, officers, agents, representatives, co-branders, partners, and employees (collectively “Senior Care Society”) and you. If you are using the web site on behalf of your employer, you represent that you are authorized to accept these Terms of Use on your employer's behalf.

 

Senior Care Society reserves the right, at Senior Care Society' sole discretion, to change, modify, update, add, or remove portions of the Terms of Use at any time without notice to you. Please check these Terms of Use for changes. Your continued use of this web site following the posting of changes to the Terms of Use will mean you accept those changes.

 

  1. 2.                  SENIOR CARE SOCIETY SERVICES

 

The web site provides its users (“Members”) access to one or more private communities (“Private Communities”), created by a coordinator, designed to provide for communication amongst its Members. The web site may contain email services, communities, calendars, news groups, forums, and/or other message or communication facilities designed to enable you to communicate with others within your Private Communities (each a "Communication Service" and collectively "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are lawful, proper and reasonably related to the intended purpose of that Communication Service and that do not contain or promote any illegal conduct or activity.

 

Senior Care Society provides only a limited platform for Communication Services, and Senior Care Society shall not have any responsibility with respect to reviewing Member uses of Communications Services.  Notwithstanding the foregoing, Senior Care Society may, at its sole discretion, modify, restrict or otherwise limit any Members use of this web site that is inconsistent with these Terms of Use, including, without limitation, deleting Member data and/or terminating a Member’s access to the web site. 


 

  1. 3.                  PROHIBITED USES OF THE WEB SITE

 

a.         Use of Materials Limitations

 

All materials provided on the web site by Senior Care Society are the copyrighted property of Senior Care Society. All trademarks, service marks, and trade names are proprietary to Senior Care Society, or its subsidiaries or affiliated companies and/or third-party licensors.

 

Unless otherwise specified, the materials and services on this web site are for your personal and non-commercial use, and you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, materials, trademarks, service marks, trade names, products or services obtained from the web site without the express, written permission from Senior Care Society.

 

b.         No Unlawful or Prohibited Use

 

As a condition of your use of the web site, you will not use the web site for any purpose that is unlawful or prohibited by these terms, conditions, and notices.  You may not use the Services in any manner that could damage, disable, overburden, or impair any Senior Care Society server, or the network(s) connected to any Senior Care Society server, or interfere with any other party's use and enjoyment of the web site. You may not attempt to gain unauthorized access to services, materials, other accounts, computer systems, web sites or networks of Senior Care Society or any member connected to any server of Senior Care Society or any member, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available to you through the web site.

 

c.         Spam Email and Postings

 

You agree that Senior Care Society would be irreparably harmed by the use, by you or others, of the web site or facilities in connection with the transmission of spam newsgroup postings or unsolicited email in violation of these Terms of Use, and that Senior Care Society is entitled to obtain injunctive relief against any such transmission (in addition to all other remedies available at law or in equity). Senior Care Society reserves the right to block, filter or delete unsolicited email.

 

d.         Termination

 

Senior Care Society may restrict, suspend or terminate your access the web site and/or Senior Care Society’s services if Senior Care Society believes you are in breach of these Terms of Use, or for any other reason, without notice or liability.  Termination may include, without limitation: (i) removal of access to the website; (ii) deletion of any user created content such as user names, passwords, or any other data; and (iii) barring further use of Senior Care Society’s services.

 

 

  1. PROTECTION OF MEMBER DATA

 

a.         Privacy Policy.  Senior Care Society respects your desire for privacy. Your information may be stored and processed in the United States or any other country in which Senior Care Society or its affiliates maintain facilities. By using this site, you consent to any such transfer of information outside of your country. The United States Department of Commerce and the European Commission have agreed on a set of data protection principles and frequently asked questions (the ‘Safe Harbor Framework’) to enable U.S. companies to satisfy European Union (EU) law requirements for adequate protection of personal information transferred from the European Economic Area to the United States. Senior Care Society strives, but is not obligated, to maintain all of the privacy principles set forth in the Safe Harbor Framework, which can be found at the U.S. Department of Commerce’s Web site at http://www.export.gov/safeharbor.

 

b.         Data Security. Senior Care Society takes data security seriously and has put in place appropriate physical and electronic procedures to protect and secure the personal information that you share with us. Senior Care Society stores information in a controlled, secure environment.

 

c.         Data Integrity. Senior Care Society will use personal information only in ways that are compatible with the purposes for which it was collected, which is to provide communication among the Members of the Private Community to which you belong.

 

d.         Access. All individuals have access to their personal information to correct, amend, or delete. If for some reason an individual no longer has the ability to sign in to a Private Community to which they were a member, upon request, Senior Care Society shall endeavor to provide individuals reasonable access to personal information that it holds about them, and will take reasonable steps to permit individuals to correct, amend, or delete information that is demonstrated to be inaccurate or incomplete.

 

e.         Enforcement. Senior Care Society utilizes the self-assessment approach to assure its compliance with this Privacy Policy as set forth in this Section, and periodically verifies that it is accurate, comprehensive for the information intended to be covered, prominently displayed, completely implemented, and in conformity with the Safe Harbor Framework.

 

f.          Ability to Disclose.  Though we make every effort to preserve user privacy, we may need to disclose personal information when required by law and/or where we have a good-faith belief that such action is necessary to comply with a current judicial proceeding, a court order or legal process.

 

  1. 5.                  USE OF DATA BY THIRD PARTIES

 

a.         Notice, Choice, and Onward Transfers.  Phone numbers, email addresses, and postal addresses are not shared with outside entities. Notwithstanding the foregoing, you might join one or more Private Communities that were created from the web site by one of the organizations that Senior Care Society has partnered with to provide your service (“Partner Organizations” or the “Partner”).  Senior Care Society may share your name and email address with any such Partner, and the Partner may communicate with you about its activities.  Senior Care Society will endeavor to provide you with the opportunity to opt-out of receiving further communications from the Partner after Senior Care Society receives written notification of your intent to opt-out of such communications.

 

b.         Advertisements and Promotions.  Senior Care Society may run advertisements and promotions from third parties on the web site. The manner, mode and extent of advertising by Senior Care Society are subject to change. Your correspondence or business dealings with, or participation in promotions of, advertisers other than Senior Care Society found on or through the web site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. Senior Care Society is not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such non-Senior Care Society advertisers on the web site.

 

  1. 6.                  INDEMNIFICATION

 

You agree to indemnify, defend and hold Senior Care Society, and its subsidiaries, affiliates, officers, agents, co-branders, partners, representatives and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your submissions, your use of the web site or other services of Senior Care Society, including any use by your employees, your connection to the web site, your violation of the Terms of Use, or your violation of any rights of another.

 

  1. 7.                  DISCLAIMERS, LIMITATIONS AND OTHER NOTICES

 

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, ALL INFORMATION, SOFTWARE, DOCUMENTATION, MATERIALS, SERVICES AND PUBLICATION ARE PROVIDED "AS-IS" WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, AND SENIOR CARE SOCIETY AND ITS AFFILIATES, PARTNERS AND SPONSORS HEREBY DISCLAIM ALL WARRANTIES EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, SENIOR CARE SOCIETY AND ITS AFFILIATES, PARTNERS AND SPONSORS DISCLAIM ANY WARRANTIES OF NON-INFRINGEMENT, TITLE, OR QUIET ENJOYMENT.

 

SENIOR CARE SOCIETY WILL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING IN ANY WAY FROM (A) ANY DEFICIENCY IN THE WEB SITE OR ANY SERVICE PROVIDED VIA THE WEB SITE OR BY SENIOR CARE SOCIETY (COLLECTIVELY, THE "SERVICE") OR ANY ERRORS IN THE SOFTWARE OR OTHER MATERIALS ON WHICH IT IS BASED OR ANY INSTRUCTION OR OTHER MATERIALS DESCRIBING THE SERVICE OR ITS USE, (B) THE UNAVAILABILITY OR INTERRUPTION OF THE SERVICE (OR ANY PART THEREOF), (C) ANY USE OF THE SERVICE BY YOU (REGARDLESS OF WHETHER YOU RECEIVED ANY ASSISTANCE IN USING THE SERVICE), (D) YOUR USE OF ANY EQUIPMENT IN CONNECTION WITH THE SERVICE, (E) THE SENIOR CARE SOCIETY WEB SITE OR THE CONTENT THEREOF, OR (F) ANY DELAY OR FAILURE IN PERFORMANCE BEYOND THE REASONABLE CONTROL OF SENIOR CARE SOCIETY, EVEN IF SENIOR CARE SOCIETY IS AWARE OR HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH LOSS, INJURY, CLAIM, LIABILITY OR DAMAGE.  IN NO EVENT SHALL SENIOR CARE SOCIETY BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE WEB SITE.  IF YOU ARE DISSATISFIED WITH THE WEB SITE OR ANY SERVICE OF SENIOR CARE SOCIETY, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE WEBSITE, WHICH SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST SENIOR CARE SOCIETIES.  SENIOR CARE SOCIETIES SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE SERVICE OR ANY MATTER RELATED TO THE WEB SITE.

 

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, YOU ASSUME ALL RISKS CONCERNING THE SUITABILITY AND ACCURACY OF THE INFORMATION WITHIN THE WEB SITE, MATERIALS, PUBLICATIONS AND DOCUMENTS. THE WEB SITE, MATERIALS, PUBLICATIONS AND DOCUMENTS MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. SENIOR CARE SOCIETY AND ITS AFFILIATES, PARTNERS AND SPONSORS ASSUME NO RESPONSIBILITY FOR AND DISCLAIM ALL LIABILITY FOR ANY SUCH INACCURACIES, ERRORS OR OMISSIONS IN THE WEB SITE, MATERIALS, PUBLICATIONS AND DOCUMENTS AND IN ANY OTHER REFERENCE.

 

THE WEB SITE, DOCUMENTS AND PUBLICATIONS ARE DISTRIBUTED INTERNATIONALLY AND MAY CONTAIN REFERENCES OR CROSS-REFERENCES TO SENIOR CARE SOCIETY PRODUCTS, PROGRAMS, AND SERVICES THAT HAVE NOT BEEN ANNOUNCED OR AVAILABLE IN YOUR COUNTRY. SUCH REFERENCES DO NOT IMPLY THAT SENIOR CARE SOCIETY INTENDS TO ANNOUNCE SUCH PRODUCTS, PROGRAMS, OR SERVICES IN YOUR COUNTRY. CONSULT YOUR LOCAL SENIOR CARE SOCIETY BUSINESS CONTACT FOR INFORMATION REGARDING THE PRODUCTS, PROGRAMS AND SERVICES WHICH MAY BE AVAILABLE TO YOU.

 

THE WEB SITE CONTAINS LINKS TO THIRD-PARTY SITES WHICH ARE NOT UNDER THE CONTROL OF SENIOR CARE SOCIETY AND SENIOR CARE SOCIETY IS NOT RESPONSIBLE FOR THE CONTENTS ON ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. SENIOR CARE SOCIETY IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. SENIOR CARE SOCIETY IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY THAT SENIOR CARE SOCIETY ENDORSES OR ACCEPTS ANY RESPONSIBILITY FOR THE CONTENT ON SUCH THIRD-PARTY SITES.

 


8.         DISCLAIMERS, LIMITATIONS AND OTHER NOTICES

 

The Terms of Use are governed by the laws of the Commonwealth of Pennsylvania without regard to its conflict of law provisions.  You agree that any cause of action that may arise under these Terms of Use will be brought exclusively in the state or federal courts with jurisdiction in Lancaster County, Pennsylvania, and you agree to submit to the personal and exclusive jurisdiction of such courts.

 

Senior Care Society’s failure to exercise or enforce any right or provision of the Terms of use shall not constitute a waiver of such right or provision.  If any provision of the 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 these Terms of Use, and the other provisions of the Terms of Use shall 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 the use of the web site, Senior Care Society’s services, or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.