Effective and last modified on June 6, 2018
INTRODUCTION AND ACCEPTANCE
1. USER REGISTRATION
(B) If you become a registered user, you agree to provide true, accurate and complete registration information to us, and, if such information changes, you agree to promptly update the relevant registration information. During registration, you will create a user name and password (a “User Account”). You are responsible for safeguarding and maintaining the confidentiality of your User Account information. You are solely responsible for the activity that occurs under your User Account, whether or not you have authorized the activity. You agree to notify us at firstname.lastname@example.org immediately if you become aware of any breach of security or unauthorized use of your User Account.
2. ACCESS AND USE
(A) Our Services are provided for your personal, non-commercial use only. We may offer certain portions of our Services at no charge and others for a one-time fee, on a subscription basis or under any other lawful pricing structure.
(B) When using our Services, you agree to comply with all applicable federal, state, and local laws including, without limitation, copyright law.
3. USER CONTENT
(A) We may now or in the future permit users to post, upload, transmit through, or otherwise make available through our Services (collectively, “submit”) messages, text, illustrations, data, files, images, graphics, photos, comments, sounds, music, videos, information, content, and/or other materials (“User Content”). Subject to the rights and license you grant to us, you retain all right, title and interest in your User Content.
(B) You represent, warrant, and covenant that you will not submit any User Content that:
(i) violates or infringes in any way upon the rights of others, including, but not limited to, any copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right of any person or entity;
(ii) impersonates another or is unlawful, threatening, abusive, libelous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, or otherwise objectionable;
(iii) encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law;
(iv) is an advertisement for goods or services or a solicitation of funds;
(v) contains a formula, instruction, or advice that could cause harm or injury; or
(vi) is a chain letter of any kind.
Moreover, any conduct by a user that in our sole discretion restricts or inhibits any other user from using or enjoying our Services will not be permitted.
(D) We have the right, but not the obligation, to monitor User Content. We have the right in our sole discretion and for any reason whatsoever to edit, refuse to post, remove, or disable access to any User Content.
4. INTELLECTUAL PROPERTY
5. SERVICES CONTENT & THIRD-PARTY LINKS
(A) We provide our Services including, without limitation, Services Content for educational, entertainment and/or promotional purposes only. Certain of the Services Content will be provided by your senior living facility, by your family or possibly a third party. In all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of any Services Content. Under no circumstances will we be liable for any loss or damage caused by your reliance on any Services Content.
(B) In many instances, Services Content will include content posted by a third-party or will represent the opinions and judgments of a third-party. We do not endorse, warrant and are not responsible for the accuracy, timeliness, completeness, or reliability of any opinion, advice, or statement offered through our Services by anyone other than our authorized employees or spokespersons while acting in their official capacities.
(C) If there is a dispute between persons accessing and/or using the Services or between persons accessing and/or the Services and any third party, you understand and agree that we are under no obligation to become involved. If there is such a dispute, you hereby release Senior Group LLC, its officers, directors, employees, parents, partners, successors, agents, affiliates, subsidiaries, and their related companies from claims, demands, and damages of every kind or nature arising out of, relating to, or in any way connected with such dispute.
(D) Our Services may link or contain links to other websites maintained by third parties. We do not operate or control in any respect or endorse the content found on these third-party websites. You assume sole responsibility for your use of third-party links. We are not responsible for any content posted on third-party websites or liable to you for any loss or damage of any sort incurred as a result of your dealings with any third-party or their website.
7. DISCLAIMER OF WARRANTIES
(A) YOU EXPRESSLY AGREE THAT USE OF OUR SERVICES IS AT YOUR SOLE RISK. OUR SERVICES AND SERVICES CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY LAW, SENIOR GROUP LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, AND THEIR RELATED COMPANIES DISCLAIM ANY AND ALL WARRANTIES INCLUDING ANY: (1) WARRANTIES THAT OUR SERVICES WILL MEET YOUR REQUIREMENTS; (2) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF OUR SERVICES OR SERVICES CONTENT; (3) WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE; (4) WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED OR ACCESSED THROUGH OUR SERVICES; (5) WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SERVICES; (6) WARRANTIES THAT YOUR USE OF OUR SERVICES WILL BE SECURE OR UNINTERRUPTED; AND (7) WARRANTIES THAT ERRORS IN OUR SERVICES OR SERVICES CONTENT WILL BE CORRECTED.
8. LIMITATION ON LIABILITY
(C) In some jurisdictions limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you. These limitations shall apply to the fullest extent permitted by law.
10. COPYRIGHT POLICY
(A) We respect the intellectual property rights of others and expect our users to do the same. In appropriate circumstances and at our sole discretion, we may terminate and/or disable the User Account of users suspected to be infringing the copyrights (or other intellectual property rights) of others. Additionally, in appropriate circumstances and in our sole discretion, we may remove or disable access to material on any of our Services that may be infringing or the subject of infringing activity.
(B) In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, Title 17 of the United States Code, Section 512 (“DMCA”), we will respond promptly to claims of copyright infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its “Designated Agent”). Our Designated Agent is:
Senior Group LLC
ATTN: DMCA Agent
1300 W. Main Street
Louisville, KY 40203
(C) If you are a copyright owner (or authorized to act on behalf of the copyright owner) and believe that your work’s copyright has been infringed, please report your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following:
(i) Your physical or electronic signature.
(ii) Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works, a representative list of such works.
(iii) Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
(iv) Adequate information by which we can contact you (including your name, postal address, telephone number, and if available, your email address).
(v) A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
(vi) A statement that the information in the notification is accurate.
(vii) A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
We will investigate notices of copyright infringement and take appropriate actions under the DMCA. If you fail to comply with the DMCA requirements, your notification may not be effective.
11. CHOICE OF LAW; JURISDICTION AND VENUE
12. DISPUTE RESOLUTION & MANDATORY ARBITRATION
(A) If and when a dispute between us arises, we each agree to first contact each other and provide a written description of the problem, all relevant documents/information and a proposed resolution. You agree to contact us with disputes at: email@example.com. We will contact you based on the contact information you have provided us or that we obtain by other means.
(B) If after 30 days the parties are unable to resolve any dispute raised under the previous provision, the dispute may be submitted to arbitration consistent with this Section. You understand that by using the Services you agree to have any disputes resolved through arbitration and to forgo the right or opportunity to litigate disputes through a court and to have a judge or jury decide the case.
(D) We are entering into this arbitration agreement in connection with a transaction involving interstate commerce. Accordingly, this arbitration agreement and any proceedings thereunder shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16. Any award by the arbitrator(s) may be entered as a judgment in any court having jurisdiction.
(E) Exception to Arbitrate. Either of us may bring qualifying claims in small claims court. Further, as set forth below, we each agree that any arbitration will be solely between you and Senior Care LLC and not as part of a classwide claim (i.e., not brought on behalf of or together with another individual's claim). If for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then our agreement to arbitrate, including all of this Section 12, shall be null and void and of no effect.
13. NO CLASS ACTIONS
TO THE EXTENT ALLOWED BY LAW, YOU AND WE EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.
14. NO TRIAL BY JURY
TO THE EXTENT ALLOWED BY LAW, YOU AND WE EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.
15. AMENDMENT; ADDITIONAL TERMS
(A) No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
Last modified: June 6, 2018
We (Senior Group, LLC, DBA My Family Channel) respect your privacy and are committed to protecting it through our compliance with this policy. This policy describes:
The types of information we may collect or that you may provide when you register with us and/or use My Family Channel (the “Services”).
Our practices for collecting, using, maintaining, protecting, and disclosing that information.
This policy applies only to information we collect through the Services and through emails, texts, and other electronic communications sent through or in connection with the Services.
This policy DOES NOT apply to information that:
We collect offline or through any other apps or websites, including websites you may access through the Services.
You provide to or is collected by any third party.
Our websites and apps, and these third parties may have their own privacy policies, which we encourage you to read before providing information on or through them.
Children Under the Age of 13
The Services are not intended for children under 13 years of age, and we do not knowingly collect personal information from children under 13. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at firstname.lastname@example.org.
Information We Collect and How We Collect It
We collect information from and about users of our Services:
Directly from you when you provide it to us.
Automatically when you use the Services.
Information You Provide to Us
When you register with us, or use the Services, we may ask you to provide certain information:
By which you may be personally identified, such as your name, postal address, email address, cell phone number, or any other identifier by which you may be contacted online or offline ("personal information").
That is about you but individually does not identify you, such as details of your use of our Services, including traffic data, logs and other communication data and the resources that you access and use when using the Services, your computer and internet connection, including your IP address, operating system, browser type, usage details, IP addresses, phone numbers and information collected through cookies, web beacons and other tracking technologies.
This information includes:
Information that you provided when you registered to use the Services. This also includes information you have provided by filling in forms included as part of the Services, posting content and materials to the Services, and requesting further services. We may also ask you for information when you report a problem with the Services.
Records and copies of your correspondence (including email addresses and phone numbers), if you contact us.
Your responses to surveys that we might ask you to complete for research purposes.
Details of transactions you carry out through the Services and of the fulfillment of your orders.
You may provide information to be published or displayed ("Posted") in certain sections of the Services, such as Photos or Messages, which has restricted access, or in a public area, such as the Directory (collectively, "User Content"). Your User Content is Posted and transmitted to others at your own risk. Although the restricted access areas of the Services are not publicly accessible, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of third parties with whom you may choose to share your User Content. Therefore, we cannot and do not guarantee that your User Content will not be viewed by unauthorized persons.
Automatic Information Collection and Tracking
When you access and use the Services, we may use technology to automatically collect:
Usage Details. When you access and use the Services, we may automatically collect certain details of your access to and use of the Services, including traffic data, location data, logs, and other communication data and the resources that you access and use on or through the Services.
Device Information. We may collect information about your mobile device and internet connection, including the device's unique device identifier, IP address, operating system, browser type, mobile network information, and the device's telephone number.
Stored Information and Files. The Services also may access metadata and other information associated with other files stored on your computer or device. This may include, for example, photographs, audio and video clips, personal contacts, and address book information.
Location Information. The Services may, from time-to-time, collect real-time information about the location of your device. This includes location information that may be derived from the IP address of your device in addition to actual street address information that you or a family member may otherwise directly provide to us.
If you do not want us to collect this information, do not use the Services.
Information Collection and Tracking Technologies
The technologies we use for automatic information collection may include:
Cookies (or mobile cookies). A cookie is a small file placed on your computer or smartphone. It may be possible to refuse to accept computer or mobile cookies by activating the appropriate setting on your computer or smartphone. However, if you select this setting you may be unable to access certain parts of our Services.
Web Beacons. The Services and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit us, for example, to count users who have visited those parts of the Services and for other related statistics (for example, recording the popularity of certain content and verifying system and server integrity).
How We Use Your Information
We use information that we collect about you or that you provide to us, including any personal information, to:
Provide you with the Services and any other information, products or services that you request from us.
Fulfill any other purpose for which you provide the information.
Give you notices about your User account, including expiration and renewal notices.
Notify you when Services updates are available, and of changes to any products or services we offer or provide.
Carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
The usage information we collect helps us to improve our Services and to deliver a better and more personalized experience by enabling us to:
Estimate our audience size and usage patterns.
Store information about your preferences, allowing us to customize our Services according to your individual interests.
Recognize you when you use the Services.
We use location information we collect to analyze local / regional differences in user preferences, for network analysis and system optimization - all for the purpose of improving the Services.
While presently not a part of the Services, in the future, we may wish to use your information to contact you about our own and third parties' goods and services that may be of interest to you. If you do not want us to use your information in this way, please send an email to email@example.com and we will adjust your user preferences in your account profile.
Disclosure of Your Information
We may use and disclose aggregated information about our users, and information that does not identify any individual or device, without restriction.
In addition, we may disclose personal information that we collect or you provide:
To our subsidiaries and affiliates.
To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Senior Group’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Senior Group about our users is among the assets transferred.
To third parties to market their products or services to you if you have not opted out of these disclosures.
To fulfill the purpose for which you provide it. For example, if you give us contact information for those family members to whom you want to communicate through the Services, we will engage with those family members as a part of the process of giving them access to your My Family Channel account.
For any other purpose disclosed by us when you provide the information.
With your consent.
To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Senior Group, our customers or others. This may include exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
Your Choices About Our Collection, Use and Disclosure of Your Information
We strive to provide you with choices regarding the personal information you provide to us. This section describes mechanisms we provide for you to control certain uses and disclosures of your information.
Promotion by the Company. If you do not want us to use your email address or other contact information to promote our own or third parties' products or services, you can opt-out by stating your request to firstname.lastname@example.org.
We do not control third parties' collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative ("NAI") on the NAI's website at http://optout.networkadvertising.org/?c=1#!/
Accessing and Correcting Your Personal Information
You can review and change your personal information by logging into your User account and changing your preferences in your account profile.
You may also send us an email at email@example.com to request access to, correct, or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your User account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
Your California Privacy Rights
California Civil Code Section 1798.83 permits users of our Services that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to firstname.lastname@example.org or write us at: Senior Group LLC, 1300 West Main St., Louisville, KY 40203.
We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls. Although not currently part of our services, any future payment transactions will be encrypted using SSL technology and will comply with Payment Card Industry Data Security Standards.
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Services, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Services. The information you share in public areas may be viewed by any user of the Services.
Unfortunately, the transmission of information via the internet and mobile platforms is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted through our Services. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures we provide.
Senior Group, LLC, 1300 W. Main St., Louisville, KY 40203
via email at: Support@Seniorgroup.us
or via our toll-free number: (855) 993-2323