PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE.
We may terminate, change, suspend or discontinue any aspect of the site, including the availability of any features and any information on the site, at any time. We may remove, modify or otherwise change any content, including that of third parties, on or from this Site.
2. User Conduct – General
In using this site, you agree:
a. not to disrupt or interfere with the security of, or otherwise abuse, the site, or any services, system resources, accounts, servers or networks connected to or accessible through the site or affiliated or linked sites;
b. not to disrupt or interfere with any other user's enjoyment of the Site or affiliated or Linked Sites;
c. not to upload, post, or otherwise transmit through or on this site any viruses or other files that may be harmful, disruptive or destructive to us or other site users;
d. not to use or attempt to use another's account, service or system without authorization from us, or create or use a false identity on this site;
e. not to transmit through or on this site spam, chain letters, junk mail or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailings;
f. not to divulge your username and password to others either on or off the site;
g. not to attempt to obtain unauthorized access to the site or portions of the site which are restricted from general access;
i. that you are solely responsible for actions and communications undertaken or transmitted under your account, and that you will comply with all applicable local, state, national and international laws and regulations, including but not limited to United States export restrictions, that relate to your use of or activities on this site. This site is controlled and operated in the United States.
3. Access Levels and Limitations
The site contains different features, some of which may require your prior creation of a registered account (“account”) in order to gain access. Creation of an account may require that you submit to us certain types of personal information, including your choice of a username and password (“account information”). Unless a feature or the account-creation process explicitly states otherwise, you must be at least 18 years of age to set up an account.
We may require verification of end user identity through multiple devices, or impose additional security procedures as we deem appropriate. However, you agree that we shall have no liability for inappropriate access to or use of your account, if such access or use is the result of third-party access to or guessing of your account Information. If You believe that the confidentiality of your account Information has been compromised, it is your responsibility to create a new password. Further, if you believe your account has been inappropriately accessed, you may contact us at SeniorCare@ascensionhealth.org.
We may impose limits on certain features and services or restrict your access to parts or all of the site without notice or liability. We may terminate your use of the site and the related services or any portion thereof at any time in our sole discretion, without notice or liability to you.
4. Online Communications and Interactive Areas
The site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars and/or other message or communication facilities designed to enable you to communicate with us and other site users (collectively, "communication services").
You agree to use the communication services only to post, send and receive messages and material that are proper and related to the particular communication service. When using a communication service, you agree that you will comply with the user conduct requirements in Section 2 of these Terms and Conditions, and further agree:
a. not to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
b. not to publish, post, upload, distribute or disseminate any inappropriate, threatening, harassing, libelous, tortious, profane, defamatory, pornographic, abusive, offensive, infringing, obscene, indecent or unlawful topic, name, material or information, including without limitation, content that evidences bigotry, racism, sexism or hatred, or that promotes illegal activities;
c. not to upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity), unless you own or control the rights thereto or have received all necessary consents;
d. not to advertise or offer to sell or buy any goods or services for any business purpose, unless such communication service specifically allows such messages;
e. not to conduct or forward surveys, contests, pyramid schemes or chain letters;
f. not to download any file posted by another user of a communication service that you know, or reasonably should know, cannot be legally distributed in such manner;
g. not to falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
h. not to violate any code of conduct or other guidelines that may be applicable for any particular communication service;
i. not to harvest or otherwise collect information about others, including email addresses, without their consent;
j. not to violate any applicable laws or regulations;
k. not to discuss or refer to any particular resident, any particular resident's medical condition, or any other information that could identify a particular resident;
l. to use caution when giving out personally identifying information about myself, my children or any other person; and
m. adhere to any limitations on the usage, reproduction and/or dissemination of materials obtained through a communication service.
We do not control or endorse the content, messages or information found in any communication service and, therefore, we specifically disclaim any liability with regard to the communication services, and any actions resulting from your participation in any communication service. Managers and hosts are not our authorized spokespersons, and their views do not necessarily reflect our views. You agree to hold harmless us, our affiliates and those persons with whom we have contracted for purposes of hosting or maintaining this site from all claims based upon communications made or materials posted by others or the use by third-parties of this site.
However, we reserve the right, but not the obligation, to monitor the communication services and edit or remove any materials we deem objectionable, in our sole discretion and without any reference or notice to you. We further reserve the right to terminate your access to any or all of the communication services at any time, without notice for any reason whatsoever.
6. Information Disclaimer
The information on the sites is provided by us solely for general information purposes. While we attempt to keep the information as accurate as possible, you should independently verify all information on the sites for accuracy and usefulness for your particular needs. We disclaim any implied warranty or representation about the information’s accuracy or completeness or appropriateness for a particular purpose. You assume full responsibility for using the information at the sites, and you understand and agree that we are neither responsible nor liable for any claim, loss or damage resulting from its use.
The mention of specific products or services at the sites does not constitute or imply a recommendation or endorsement by us, unless explicitly stated. The views and opinions expressed in the media, articles or comments on the sites by users and/or our staff are those of the speakers or authors, and do not necessarily reflect our views and opinions.
7. Third-Party Content and Links
This site may from time to time contain material, data or information provided, posted or offered by third parties, including but not limited to advertisements or postings in communication services. The site may also contain hyperlinks that take you outside of the sites or link to articles and videos having a root domain different from AscensionLiving.org ("linked sites").
We provide third-party content and hyperlinks to linked sites to you only as a convenience. The inclusion of any third party content or hyperlink to linked sites does not imply our endorsement or recommendation of the third-party content, the linked sites, the quality or accuracy of the contents thereof, any products and services offered by the third parties or any association with those third parties. No association with any third parties is intended or should be inferred. You agree that we have made no representations or warranties regarding such third-party content and linked sites, and further agree that neither us nor our affiliates shall have any liability to you whatsoever for or relating to any third-party material, data, information and/or linked sites. Your use of third-party content and linked sites is at your own risk.
8. Intellectual Property Rights
b. Trademarks. All trademarks on the site are either trademarks or registered trademarks of us or our affiliates or licensors, and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All page headers, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress of us or our affiliates, and may not be copied, imitated, or used, in whole or in part, without our prior written permission. Other trademarks, registered trademarks, product names, and company names or logos displayed on the site are the property of their respective owners.
c. Your submissions. We do not claim ownership of the materials and other information (including without limitation, feedback, suggestions and ideas for new or improved products or services) that you provide to us or post, upload, input or submit to the site or its associated services (collectively "submissions"). However, by posting, uploading, inputting, providing or submitting a submission, you grant to us, our affiliated companies and sublicensees an irrevocable, non-exclusive, worldwide, royalty-free, perpetual license (including without limitation a copyright license), with the right to sublicense, reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform the submission and publish your name in connection with your submission. You agree that you shall have no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your communication to us. We will not pay you any compensation with respect to the use of your submission, as provided herein. We are under no obligation to post or use any submission you may provide, and further may remove any submission at any time in our sole discretion. By posting, uploading, inputting, providing or submitting your submission, you warrant and represent that you own or otherwise control all rights to your submission, including without limitation, all the rights necessary for you to provide, post, upload, input or submit the submissions.
d. Software. Any software, including any files, images generated by the software, code, and data accompanying the software (collectively, "software"), used or accessible through this site may be used by you solely for accessing and using this site for purposes expressly stated on the site, provided that such uses are not competitive with or derogatory to us. We retain full and complete title to all intellectual property rights in the software. You agree not to copy, distribute, sell, modify, decompile, reverse engineer, disassemble or create derivative works from any software.
e. Any rights not expressly granted herein are reserved.
9. Digital Millennium Copyright Act Compliance
We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. § 512). If you believe your copyrighted material has been improperly used on this site, please provide us with written notice (“notice”) by contacting our designated agent at the following address:
12250 Weber Hill Road
St. Louis, Missouri 63127
To be effective, the notice must include the following:
a. A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner (“complaining party”), of an exclusive right that is allegedly being infringed upon;
b. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address;
c. Identification of the allegedly infringing material on the site (“infringing material”), and information reasonably sufficient to permit us to locate such material on the site;
d. Identification of the copyrighted work claimed to have been infringed upon (“infringed material”), or if multiple copyrighted works at a single site are covered by a single notice, a list of each copyrighted work claimed to have been infringed (please be specific as to which infringing material is infringing on which infringed material);
e. A statement that the complaining party has a good-faith belief that use of infringing material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
f. A statement that the information in the notice is accurate, and under penalty of perjury, that the complaining party is the owner or is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
All inquiries not relevant to the subject matter hereof and in compliance with the foregoing procedure will receive no response from us.
10. Limited Warranty and Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, FEATURES AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE ARE PROVIDED FOR GENERAL EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY AND MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES MAY BE MADE TO THE SITE AND THE INFORMATION HEREIN AT ANY TIME. ADVICE RECEIVED VIA THE SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS; YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. DO NOT REFER TO THIS SITE IN AN EMERGENCY, AS THIS SITE WILL NOT DISPATCH AN AMBULANCE OR OTHER EMERGENCY HELP. IN AN EMERGENCY, CALL 911 OR THE APPROPRIATE EMERGENCY NUMBER.
NEITHER WE NOR OUR SUPPLIERS MAKE ANY REPRESENTATIONS ABOUT THE INTEGRITY, SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, COMPLETENESS AND/OR ACCURACY OF THE SITE AND THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE, THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE IS FREE OF VIRUSES OR BUGS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" AND ON AN “AS AVAILABLE” BASIS WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE AND OUR SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SITE AND THE RELATED INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND ACCURACY OF INFORMATION. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY US OR OUR AFFILIATES WILL CREATE A WARRANTY.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES AND ANY LINKED SITES. BY USING THE SITE, YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
11. Limitation and Disclaimer of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL WE AND/OR OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND SUPPLIERS OR CONTRIBUTORS TO THE SITE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR DIRECT DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF USE OR DATA OR OTHER PECUNIARY LOSS), UNDER ANY THEORY OF LIABILITY (INCLUDING WITHOUT LIMITATION, LIABILITY ARISING OUT OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, PATENT, COPYRIGHT INFRINGEMENT OR OTHERWISE), ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE, ANY CONTENT CONTAINED ON THE SITE, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, ARISING AS A RESULT OF OUR PROVISION OR FAILURE TO PROVIDE INFORMATION VIA THE SITE EVEN IN THE EVENT THAT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ALL CLAIMS MUST BE BROUGHT WITHIN SIX (6) MONTHS OF THE DATE OF THE FIRST EVENT GIVING RISE TO A CLAIM, OR THEY WILL BE DEEMED FOREVER WAIVED.
YOU AND WE ACKNOWLEDGE THAT THIS IS A REASONABLE ALLOCATION OF RISK. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
Notices to Us should be sent to:
12250 Weber Hill Road
St. Louis, Missouri 63127
14. Applicable Law and Jurisdiction for Disputes
1. What We Collect
We receive and store any information you enter on the site or provide to us in any other manner. This may include, but is not limited to, your personally identifiable information, such as Your name, address, phone number, email address, and information pertaining to your health and your employment or affiliation. We may also collect anonymous demographic information, which is not unique to you, such as your ZIP code, age, gender, preferences, interests and favorites. Some portions of the site may be accessible to you without setting up an account or providing personal information. However, providing certain information may be required for you to set up an account and/or access certain features of the site.
We also receive and store certain types of information whenever you visit the site. In addition to information you provide, we may collect the name of the domain and host from which you access the Internet; the IP address of the computer you are using; the browser and operating system you are using; the date and time you access the site; and the Internet address of the website from which you linked to the site. We use “cookies” to automatically gather some of this information. A cookie is a small text file that our system sends to your computer to collect information about your activities on the site. The cookie transmits this information back to the site each time your browser requests a page from the site, and the information is stored to help facilitate your use of the site the next time you visit. If you do not want to receive cookies from the site, you can set your browser to not accept cookies.
Unless you disable the cookies on our site, by using our site you agree to our use of those cookies.
2. How We Use Information
We use the information you provide and we collect to:
a. operate the site for purposes of delivering to you the services you request.
b. administer the site and diagnose problems with our server;
c. verify your identity;
d. provide you with information about the site;
e. inform you of other products or services available from us, our affiliates and/or external business partners;
f. contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered;
h. measure the number of visitors to the site and how the site is used in order to make the site as useful as possible to our visitors;
i. deliver customized content and advertising to you;
j. provide authorities or relevant individuals with information related to the site as required by law; and
k. fulfill any other purpose for which You provide information.
We do not use or disclose sensitive personal information, such as race, religion, or political affiliations, without your explicit consent.
We expect that all use and disclosure of your information will occur in the United States and will be governed by United States law; however, some information may travel over the Internet outside of the United States. Even if some information does travel outside the United States, you agree that the laws of the United States will apply.
3. Sharing Information
We will not sell or rent your information to anyone, but we may share your information with others, such as our subsidiaries, contractors, trusted partners and affiliates as necessary to operate our business, and as permitted by law. If we share data with trusted partners to help us perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries, such third parties are prohibited from using your personal information except to provide these services us, and they are required to maintain the confidentiality of your information.
We may aggregate data about visitors to our site in a non-identifiable manner and use it for our business purposes unrelated to your use of the site. For example, we may aggregate data for product development and improvement activities, and disclose such aggregated data to third parties. However, it is important to note that no personally identifiable information is available or used in this process. We may utilize information you provide to promote the products or services of strategic partners, but will not directly provide your personally identifiable information to these strategic partners for promotional purposes.
Except for the above, we do not disclose the identities of visitors or users of the site unless legally required to do so, or unless we believe, in good faith, that sharing is necessary to protect your safety or the safety of others, to protect our rights, to investigate fraud, or to respond to a government request. We will respond to any subpoena received from a government agency (e.g., the Securities and Exchange Commission or law enforcement agencies) without prior notice to you. Unless prohibited by law or by a valid court order, we will notify You of any subpoena received from any other party (e.g., for civil litigation) which requires us to disclose your identity, and will wait 10 days, or a lesser amount of time as required by the deadline in the subpoena, before providing the information requested by the subpoena.
We do not control these third parties' tracking technologies or how they may be used. You should review the privacy policies posted on these websites carefully before providing any information. We are not responsible for the privacy policies or the content of any other websites. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.
5. Compliance with COPPA
The site is not directed at children under the age of 13. We comply with the Children's Online Privacy Protection Act (“COPPA”) and do not knowingly permit registration or submission of personally identifiable information by anyone under 13 years of age. This age requirement is posted each time we request personally identifiable information.
The site has security measures in place to protect against the loss, misuse or alteration of information under our control. However, no security is perfect, and no security system can prevent all security breaches. You transmit information to us at your own risk. You acknowledge that the site is not HIPAA-compliant. You should not store or transmit protected health information on this site. You acknowledge and agree that we are not your business associate under HIPAA as a result of your use of the site.
7. Changes to This Policy
8. Contacting Us
12250 Weber Hill Road
St. Louis, Missouri 63127
We will use commercially reasonable efforts to promptly respond to your inquiry and, if necessary, determine and remedy any problem.