PREMIER ELDER SOLUTIONS

TERMS OF USE

 

Welcome to Premier Elder Solutions.  The following Terms of Use (“Terms”) apply to this website and all other services of Premier Elder Solutions, LLC, its subsidiaries, affiliates, divisions and successors (collectively “Provider”).  PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE OR OTHER SERVICES OF PREMIER ELDER SOLUTIONS.

 

  1. YOUR ACCEPTANCE.

 

A.   By accessing and using the Premier Elder Solutions website (the “website”) or Premier Elder Solutions products, software, data feeds and services provided through the Premier Elder Solutions website (each a “Service” and collectively the “Services”) in any way, including, without limitation, browsing the website, using any information and/or content, using any services, or downloading any materials, you agree to and are bound by (1) these Terms of Use; (2) Premier Elder Solution’s Privacy Policy; and (3) Premier Elder Solution’s Community Guidelines. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THESE TERMS OF USE, DO NOT USE THE SERVICES IN ANY MANNER.  These Terms are entered into by and between Premier Elder Solutions, LLC, and its subsidiaries, affiliates, divisions, officers, agents, representatives, members and employees, and you.  If you are using the website on behalf of your employer, you represent that you are authorized to accept these Terms of Use on your employer’s behalf.

B.   Although Provider may attempt to notify you when major changes are made to these Terms of Use, you should periodically review the most up-to-date version, found at http://www.premiereldersolutions.com/terms-of-use. Provider may, at its sole discretion, modify or revise these Terms of Use and policies at any time, with or without notice to you, and you agree to be bound by such modifications or revisions.  Continued use of the Services following the posting of any changes or modifications to these Terms indicates your acceptance of such changes or modifications.  Nothing in these Terms of Use shall be deemed to confer any third-party rights or benefits.

 

  1. PREMIER ELDER SOLUTIONS’ SERVICES.

 

A.   The website provides its users access to one or more private communities, created by a coordinator, designed to provide communication amongst that private community’s members. The website may contain email services, communities, calendars, news groups, forums, and/or other message or communication capabilities designed to enable you to communicate with others within the private community.  You agree to use the services described in this section only to post, send and receive messages and material that are lawful, proper, and reasonably related to the intended purpose of the Services, and that do not contain or promote any illegal conduct or activity.

B.   These Terms of Use apply to all users of the Services, including users who are also contributors of content, either on the site or to the Services. “Content” includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features, and other similar means or methods of communication.  The Services include all aspects of Provider, including but not limited to all product, software and ancillary services offered or provided by the Premier Elder Solutions website.

C.   The Services may contain links to third party websites that are not owned or controlled by Provider. Provider has no control over, and assumes no responsibility for, the content, privacy policies or practices of any third party websites.  In addition, Provider will not and cannot censor or edit the content of any third-party site.  By using the Services, you expressly relieve Provider from any and all liability arising from your use of any third-party website.

D.   Accordingly, Provider encourages you to be aware when you leave the Service and to read the terms and conditions and privacy policy of each other website that you visit.

 

  1. PREMIER ELDER SOLUTIONS MEMBER ACCOUNTS.

 

A.   In order to access some features of the website and its Services, you will have to create an account. You may never use another’s account without express permission.  When creating your account, you must provide accurate and complete information.  You are solely responsible for the activity that occurs on or through your account, and you must keep your account password secure.  You must notify Provider immediately of any breach of security, unauthorized access, or unauthorized use of your account.

B.   Although Provider will not be liable for your losses caused by any authorized use of your account, you may be liable for the losses of Provider or others due to such unauthorized use.

 

  1. GENERAL USE OF SERVICES – PERMISSIONS AND RESTRICTIONS.

 

Premier Elder Solutions hereby grants you permission to access and use any Service or Services as set forth in these Terms of Use, provided that:

 

A.   You agree not to distribute in any medium any part of the Service or its content without Provider’s prior written authorization, unless Provider makes available the means for such distribution through functionality offered by and within the Services (such as email or text alerts).

B.   You agree not to alter or modify any part of the Services.

C.   You agree not to access content of the Services through any technology or means other than the website of the Service itself, or other explicitly authorized means Provider may designate.

D.   You agree not to use any of the Services for any of the following commercial uses unless you obtain Provider’s prior written consent:

(1) The sale of access to any Service;

(2) The sale of advertising, sponsorships, promotions place on or within any Service or content therein; or

(3) The sale of advertising, sponsorships, or promotions on any page of an ad-enabled blog or website containing content delivered via the Services.

E.   You agree not to use or launch any automated system, including, without limitation, “robots,” “spiders,” “offline readers,” and similar programs or methods, that accesses any Service in a manner that sends more request messages to the Provider’s servers in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser (such as Internet Explorer, Google Chrome, Mozilla Firefox, etc.)

Notwithstanding the foregoing, Provider grants the operators of public search engines permission to use “spiders” to copy non-protected, public materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the website, but not caches or archives of such materials.  Provider reserves the right to revoke these exceptions either generally or in specific cases.  You agree not to collect or harvest any personally identifiable information, including account names, from any Service, nor to use the communication systems provided by any Service (e.g., comments, email) for any commercial solicitation purpose.  You agree not to solicit, for commercial purposes, any users of any Service with respect to their content or profile.

F.   In your use of the Service, you will comply with all applicable state and federal laws.

G.   Provider reserves the right to discontinue any aspect of any Service at any time.

 

  1. PROHIBITED USES OF THE WEBSITE AND SERVICES.

 

A.   Use of Materials Limitations. In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of the Services.

(1) The content on all Services, and the trademarks, service marks, and logos (the “Marks”) on the Services, are owned by or licensed to Provider, subject to copyright and other intellectual property rights under the law.

(2) Unless otherwise provided, the materials, content and Services provided on the website are for your personal and non-commercial use, and you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, create derivative works from, transfer, or sell any information, software, materials, content, or intellectual property rights obtained from or through the website without the express written consent from Provider.

(3) Content is provided AS IS.  You may access content for your information and personal use solely as intended through the provided functionality of the Services and as permitted under these Terms.  You shall not download any content unless you see a “download” or similar link displayed by Provider on the Service for that content.  You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any content for any other purpose(s) without the prior written consent of Provider or the respective licensors and/or authors of the content.  Provider and its licensors reserve all rights not expressly granted in and to any Service and its content.

(4) You understand that when using the Services, you will be exposed to content from a variety of sources, and that Provider is not responsible for their accuracy, usefulness, safety, privacy, or intellectual property rights of or relating to such content.  You further understand and acknowledge that you may be exposed to such content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Provider with respect thereto.  To the fullest extent provided or allowed by law, you further agree to indemnify Provider, its owners, operators, affiliates, licensors, and licensees regarding all matters related to your use of the Services.

B.   No Unlawful or Prohibited Use. As a condition of your use of the website, you will not use the website for any purpose that is unlawful or prohibited by these Terms or the Privacy Policy.  You may not use the Services in any manner that could damage, disable, overburden, or impair any Provider server in any way that would interfere with any other party’s use and enjoyment of the website.  You may not attempt to gain unauthorized access to Services, materials, other accounts, computer systems, websites or networks of Provider or any member connected to any server of Provider or any member profile, 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 website.

C.   Spam Email and Postings. You agree that Provider would be irreparably harmed by the use, by you or others, of the website or Services in connection with the transmission of spam postings or unsolicited email in violation of these Terms, and that Provider is entitled to obtain injunctive relief against any such transmission (in addition to all other remedies available at law or in equity).  Provider reserves the right to block, filter or delete unsolicited email.

D.   You agree not to circumvent, disable, or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or content therein.

E.   Termination. Provider may restrict, suspend or terminate your access to the website and/or Services if Provider determines, in its sole discretion, that you are in breach of these Terms or the Privacy Policy, or for any other reason, with or without notice or liability.  Termination may include, without limitation:  (a) removal of access to the website; (b) deletion of any user created content such as user names, passwords, or any other data; and (c) barring further use and/or access to Provider’s website and/or services.

 

  1. YOUR CONTENT AND CONDUCT.

 

A.   As a Premier Elder Solutions account holder you may submit content to the Service(s), including photographs, audio, video, text, user comments, etc. You understand that Provider does not guarantee any confidentiality with respect to any content you submit.

B.   You shall be solely responsible for your own content and the consequences of submitting and publishing your content on the website and to any Services. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish content you submit, and you license to Provider all patent, trademark, trade secret, copyright or other proprietary rights in and to such content for publication on the Services pursuant to these Terms.

You retain all of your ownership rights in and to the content submitted to the Services.  However, by submitting content through the website and to the Services, you hereby grant Provider a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the content in connection with the Services.  You also hereby grant each user of the private community or private communities of which you are a member a non-exclusive license to access your content through the Services, and to use, display and perform such content as permitted through the functionality of the Services and under these Terms.  The above licenses granted by you in content you submit to the Services terminate within a commerciality reasonable time after you remove or delete your content or account from the Services and/or website.  You understand and agree, however, that Provider may retain, but not display, distribute, or perform server copies of your content that have been removed or deleted.

C.   You agree that any content submitted by you to any Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Provider all of the license rights granted herein.

D.   You further agree that you will not submit to any Service any content or other material that is contrary to the Premier Elder Solutions Community Guidelines, currently found at http://www.premiereldersolutions.com/community-guidelines/, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.

E.   Provider does not endorse any content submitted to the Services by any user or other licensor, or any opinion, recommendation, or advice expressed therein. Provider expressly disclaims any and all liability in connection with content.

F.   Provider does not permit copyright infringing activities and infringement of intellectual property rights on the Services, and Provider will remove all content if properly notified that such content infringes on another’s intellectual property rights. Provider reserves the right to remove content without prior notice.

 

  1. PROTECTION OF MEMBER DATA.

 

A.   Privacy Policy. Provider respects your desire for privacy.  Your information may be stored and processed in the United States or any other country in which Provider or its affiliates maintain facilities.  By using the website, 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.  Provider 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 website at http://www.export.gov/safeharbor.

B.   Data Security. Provider 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.  Provider stores information in a controlled, secure environment. All user-submitted content is encrypted.  Provider’s website, portal and database are hosted by Edge Hosting, a fully-managed service provider that meets the technical and physical safeguards associated with the Security Rule of HIPAA.

C.   Data Integrity. Provider will use personal information only in ways that are compatible with the purposes for which is was collected, which is to provide communication among the members of a 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 are or were a member, upon request, Provider 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.   Ability to Disclose. Though Provider makes 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 judicial proceeding or valid and enforceable court order.

 

  1. 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 website by one of the organizations that Provider has partnered with to provide one or more Services (“Partner Organizations”).  Provider may share your name and email address with any such Partner Organization, and the Partner Organization may communicate with you about its activities.  Provider will endeavor to provide you with the opportunity to opt-out of receiving further communications from the Partner Organizations after Provider receives written notification of your intent to opt-out of such communications.

B.   Advertisements and Promotions. Provider may run advertisements and promotions from time to time, via third parties on the website.  The manner, mode, and extent of advertising by Provider are subject to change.  Your correspondence or business dealings with, or participation in promotions of, advertisers other than Provider found on or through the website and/or Services, 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 or Partner Organization.

C.   PROVIDER IS NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS THE RESULT OF ANY DEALINGS, INTERACTIONS, SERVICES OR OTHER USE OR ASSISTANCE FROM ANY NON-PROVIDER ADVERTISERS, PARTNER ORGANIZATIONS, OR OTHER VENDOR, SUPPLIER OR HEALTH CARE SOURCE.

 

  1. INDEMNIFICATION.

 

To the extent permitted by applicable law, you agree to indemnify, defend and hold Provider, its subsidiaries, affiliates, officers, agents, members, 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 content submissions; your use of the website or any Services of Provider, including any use by your employees, agents, or representatives; your connection to the website; your violation of any of these Terms; or your violation of any rights of another.

 

  1. WARRANTY DISCLAIMER.

 

YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK.  To the fullest extent permitted by law, Provider, its officers, directors, members, employees and agents disclaim all warranties, express or implied, in connection with the services and your use thereof.  Provider makes no warranties or representations about the accuracy or completeness of this site’s content or the content of any sites linked to this site and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage of any nature whatsoever, resulting from your access to and use of Provider’s Services; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein; (iv) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through our servers by any third party; and/or (iv) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the services.  Provider does not warrant endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the services or any hyperlinked services or featured in any banner or other advertising, or content submitted by users, and Provider will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services.  As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

 

  1. LIMITATION OF LIABILITY.

 

In no event shall Provider, its officers, directors, members, employees, or agents be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our Services; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein; (iv) any interruption or cessation of transmission to or from our Services; (iv) any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through our services by any third party; and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Services, whether based on warranty, contract, tort or any other legal theory, and whether or not Provider is advised of the possibility of such damages.  The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

You specifically acknowledge that Provider shall not be liable for content of the defamatory, offensive, or illegal conduct of any other user or third party and that the risk of harm or damage from the foregoing rests entirely with you.

The Services are controlled and offered by Provider from its facilities in the United States of America.  Provider makes no representations that the Services are appropriate or available for use in other locations.  Those who access or use the Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.

 

  1. ABILITY TO ACCEPT TERMS OF USE.

 

You affirm that you are either (a) at least eighteen (18) years of age, or (b) an emancipated minor, or (c) possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.  This website and its Services are not intended for minors under the age of eighteen (18).  If you are under eighteen years of age, then please do not use the Service.

 

  1. ASSIGNMENT.

 

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Provider without restriction.

 

  1. GENERAL.

 

You agree that:  (i) the Services shall be deemed solely based in the State of Kansas, and (ii) the Services shall be deemed a passive website that does not give rise to personal jurisdiction over Provider, either specific or general, in jurisdictions other than Kansas.  These Terms shall be governed by the internal substantive laws of the State of Kansas, without respect to its conflict of laws principles.  Any claim or dispute between you and Provider that arises in whole or in part from the Services shall be decided exclusively by a court of competent jurisdiction located in Johnson County, Kansas.  These Terms, together with the Privacy Policy and any other legal notices published by Provider on the website, shall constitute the entire agreement between you and Provider concerning the Services.  If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.  No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Provider’s failure to assert any right(s) or provision(s) under these Terms shall not constitute a waiver of such right or provision.  Provider reserves the right to amend these Terms at any time and without notice, and it is your responsibility to review these Terms for any changes.  Your use of the website and Services following any amendment to these Terms will signify your assent to and acceptance of its revised terms.  YOU AND PROVIDER AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

 

 

 

Dated:  November 30, 2015.