Senior Living in Alabama Online User Agreement
Senior Living in Alabama websites (all collectively, the "Site") are operated by Ecko Media (collectively, "us", "we" or "Ecko MediaI" or "SLA").
This is a legal agreement between you the user ("you" or "user" or "your" or "organization") and usI, and it governs your use of the Site. This SLA Online User Agreement, together with all updates, additional terms, software licenses, and all of SLA's rules and policies, collectively constitutes the "Agreement" between you and SLA. In the event of any conflict between this Agreement and the others, the terms of this Agreement shall control. Unless otherwise specifically stated herein, the terms apply to any user of this Site, including registered users.
By accessing or browsing our Site, you signify that you have read, understand, and agree to be bound by this Agreement. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SITE.
By registering with the Site, installing the Site's software, and/or creating a personal profile with your organization, you acknowledge that you have read and understood this agreement and agree to be bound by its terms and conditions. IF YOU DO NOT AGREE TO (OR CANNOT COMPLY WITH) THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT INSTALL, REGISTER, OR USE OTHERWISE USE THE SITE, SOFTWARE OR CONTENT AVAILABLE ON OR THROUGH THE SITE. SLA MAY REFUSE ACCESS TO THE SITE AND ITS CONTENT FOR NONCOMPLIANCE WITH ANY PART OF THIS AGREEMENT.
From time to time, SLA may update or revise this Agreement without prior notice to you or your Organization; therefore, we recommend that you review these terms periodically.
Communications to users
You understand that from time to time, you may communicate with, receive communications from, or otherwise participate in or use the Site to obtain goods from third parties as a result of your use of the Site. All such communication, interaction and participation is strictly and solely between you and such third party, and SLA shall not be responsible or liable to you in any way in connection with these activities or transactions (including, but not limited to, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the third party, or any goods that you may purchase or obtain from any third party). In particular, the appearance or availability of links to Third Party Sites, hereinafter defined, on or through the Site does not constitute an endorsement by SLA with respect to the content, advertising, products, or other materials available on or from such sites.
You further understand and agree that the Site may include certain communications to you from SLA or your Organization (such as administrative messages and certain newsletters). SLA may also provide you with other communications regarding the Site or changes in terms of this Agreement. Unless explicitly stated otherwise, any new features that augment or enhance the current Site shall be subject to this Agreement. Finally, you are responsible for obtaining the technology and Internet service to access and use the Site and acknowledge and agree that such technology and service may involve third-party fees (such as an Internet service provider or airtime charges), for which you are solely responsible, including without limitation any fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Site.
You agree to provide accurate, current, and complete information required to register with the Site and at other points as may be required in the course of using the Site (collectively "Registration Data").
Rules of Conduct
Your use of the Site is subject to all applicable local, state, national and international laws and regulations, and you agree not to violate such laws and regulations. In addition, you agree that you will not interfere with another party's use and enjoyment of the Site; you will not interfere with or disrupt the security measures of the Site; you will not interfere with or disrupt networks connected to the Site, and you will comply with all regulations, policies and procedures of such networks.
You further agree that you will not use the Site to:
- ● send or result in the transmission of "spam" (junk email) or unsolicited messages;
- ● promote or generate revenue for any business or commercial purposes, including collecting of usernames, user ids, and/or email addresses, unless authorized by SLA;
- ● impersonate any person or entity; intentionally or unintentionally or create a false identity on the Site;
- ● collect or store personal data about other users; or
- ● make publicly available on the Site or otherwise transmit any private information of any third party. You are solely responsible for your interactions with other users. We reserve the right, but assume no obligation, to become involved in any way with disputes between you and other users.
You are solely responsible for your interactions with other users. We reserve the right, but assume no obligation, to become involved in any way with disputes between you and other users.
Use of the Site requires a compatible device, Internet access (fees may apply), and certain software (fees may apply), and may require obtaining updates or upgrades from time to time. Because use of the Site involves hardware, software, and Internet access, your ability to use the Site may be affected by the performance of these factors. High speed Internet access is strongly recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility, and we have no obligation to alert you to any change of any kind in system requirements. The Site is not part of any other product or offering, and no purchase or obtaining of any other product shall be construed to represent or guarantee you access to the Site.
SUser Account and Security
As a registered user of the Site, you or your Organization may receive or establish an account ("Account"). You are solely responsible for maintaining the confidentiality and security of your Account. You should not reveal your Account information to anyone else or use anyone else's Account. You are entirely responsible for all activities that occur on or through your Account, and you agree to immediately notify us of any unauthorized use of your Account or any other breach of security. We shall not be responsible for any losses arising out of the unauthorized use of your Account. You understand that the Site, and products purchased through the Site, may include a security framework using technology that protects digital information and limits your usage of products to certain usage rules established by us and our licensors as applicable.
All Content on the Site and available through the Site, including but not limited to designs, text, graphics, images, logos, photographs, illustrations, audio and video material, artwork, information, database, proprietary information and all copyrightable or otherwise legally protectable elements of the Site, and their selection and arrangement (all collectively, "Site IP"), but excluding any of your uploaded content ("User Content"), are the proprietary property of the SLA, its users, or its licensors with all rights reserved.
Other than express allowed herein or in a separate agreement with SLA, you may only view the Content provided on the Site and you may not modify, copy, distribute, frame, reproduce, republish, download, display, post, transmit, create derivative works from, or broadcast or circulate to any third party (including, without limitation, on or via a third party website), or otherwise use, any Site IP (except for your own User Content) without the express prior written consent of SLA. ANY OTHER USE OF THE SITE OR THE CONTENT IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF SLA AND/OR OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR INFRINGEMENT.
SLA and its licensors, in their sole discretion, may remove Content from the Site without notice.
Links to Third Party Websites and Content
The Site may contain links to other websites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, video, audio, information, applications, and other content or items belonging to or originating from third parties (the "Third Party Content"). Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Content posted on, available through or installed from the Site, including without limitation the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third Party Site to which you navigate from the Site or relating to any applications you use or install from the Third Party Site.
Storage and Practices
You acknowledge that the SLA may establish general practices and limits concerning use of the Site, including without limitation the maximum number of days that User Content will be retained by or made available through the Site, the maximum disk space that will be allotted on the SLA servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Site in a given period of time. You agree that the SLA has no responsibility or liability for the blocking, deletion or failure to store any User Content maintained or transmitted by the Site.
SLA has the right to take any or all of the following actions in our sole discretion at any time and for any reason without giving you any prior notice:
- ● Restrict, deactivate, suspend, or terminate your access to all or any part of the Site including deletion of your Accounts and all related information and files in your Account;
- ● Refuse, move, or remove for any reason any material that you submit on or through the Site;
- ● Refuse, move, or remove any material that is available on or through the Site; and/or
- ● Establish general practices and limits concerning use of the Site.
We may take any of the above actions for any reason, as determined by SLA in its sole discretion, including, but not be limited to, (a) breaches or violations of this Agreement or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you, (d) discontinuance or material modification to the Site (or any part thereof), and (e) unexpected technical or security issues or problems. You agree that SLA will not be liable to you or any third party for taking any of these actions. Except as otherwise provided herein, you may terminate this Agreement for any reason (or no reason) at any time upon written notice to us. Provisions regarding proprietary rights, termination, legal compliance, enforcement, third-party websites and content, disclaimers, limitations of liability, waivers, indemnity, notice, and any obligations to pay amounts due and owing prior to termination shall survive termination or expiration of this Agreement for any reason.
You hereby agree to indemnify, defend and hold the SLA, its subsidiaries, parent corporation and affiliates, and all of their respective officers, directors, owners, employees, agents, attorneys, licensors, representatives, licensees, and suppliers (collectively, the "SLA Parties"), harmless from and against any and all liability, harm, losses, expenses, damages, and costs (including reasonable attorneys' fees), incurred by any of the SLA Parties in connection with any claim arising out of your use of the Site, any use or alleged use of your accounts or your passwords by any person, whether or not authorized by you, the content you submit, post, transmit or make available through the Site (including without limitation any musical recordings, musical/lyrical recordings, audiovisual works, text, and images you upload or otherwise provide to the Site), your violation or breach of any part of this Agreement, your connection to the Site, your breach of any representation or warranty under this Agreement, or your violation of the rights of any other person or entity, including the Site IP.
WARRANTY DISCLAIMERS; LIMITATIONS ON LIABILITY
YOU UNDERSTAND THAT THE SITE AND CONTENT IS PROVIDED BY SLA "AS IS", AND THAT SLA DOES NOT GUARANTEE THE ACCURACY, INTEGRITY OR QUALITY OF ANY CONTENT AVAILABLE ON OR THROUGH THE SITE. IN THIS REGARD, YOU ACKNOWLEDGE THAT YOU SHOULD NOT RELY ON ANY OF THIS CONTENT. YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY THE LAW, RMI AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, ASSOCIATED WITH THE SITE AND CONTENT AND YOUR USE THEREOF, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. RMI MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT, THE SITE IP, OR THE CONTENT OF ANY THIRD PARTY SITE. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
SLA ASSUMES NO LIABILITY OR RESPONSIBILITY FOR YOUR USE OF THIS SITE, INCLUDING WITHOUT LIMITATION ANY (I) ERRORS, MISTAKES, OR INACCURACIES IN CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF RMI'S SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/ OR (VI) 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 SITE. SLA DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND RMI WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS. YOU ASSUME ALL RISK AS TO THE QUALITY, FUNCTION, AND PERFORMANCE OF THE SITE, AND TO ALL TRANSACTIONS YOU UNDERTAKE ON THE SITE, INCLUDING WITHOUT LIMITATION SUBMISSION OF ANY USER CONTENT.
IN NO EVENT WILL THE SLA PARTIES BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, RELIANCE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA OR PROFITS, OR FOR INABILITY TO USE THE SITE, EVEN IF THE SLA PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE SLA PARTIES EXCEED ONE HUNDRED DOLLARS ($100.00) FOR ANY AND ALL CLAIMS, DAMAGES, AND OTHER THEORY OF LIABILITY. SOME U.S. STATES DO NOT ALLOW, AND OTHER JURISDICTIONS MAY NOT ALLOW, THE LIMITATION AND LIABILITY, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU IF PROHIBITED BY APPLICABLE LAW.
This Site complies with the Children's Online Privacy Protection Act ("COPPA"). The Site is intended solely for users who are 13 years of age or older, and any registration by, use of, or access to the Site by anyone under the age of 13 is unintended, unauthorized, unlicensed, and in violation of this Agreement. By using the Site, you represent and warrant you are 13 or older and that you agree to abide by all of the terms and conditions herein. No user under the age of 13 may register with the Site, and no Organization may provide an individual under the age of 13 with access to the Site. We may terminate your Account and/or a user's access to the Site and Content for any reason, in SLA’s sole discretion, with or without notice to you, including RMI's belief that you have violated these COPPA Compliance provisions.
Copyright Infringement Notice
It is SLA’s policy to comply with all intellectual property laws and to act expeditiously upon receipt of a valid notice of claimed infringement. If you believe your original work of authorship has been reproduced in or on this Site in a manner that constitutes copyright infringement, you are required to provide a notice of copyright infringement containing all of the following information:
- 1. Identification of the Content on the Site that is claimed to be infringing or, if multiple copyrighted works posted are to be covered by a single notification, a representative list of such works.
- 2. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access which is to be disabled, and information reasonably sufficient to permit SLA to locate the material on its server.
- 3. Information reasonably sufficient to permit SLA to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
- 4. A statement that you have a good faith belief that use of the Content in the manner complained of is not authorized by the copyright owner, its agent or the law.
- 5. A statement, under penalty of perjury, that the information in the notice of copyright infringement is accurate, and that you are authorized to act on behalf of the owner of the right that is allegedly infringed. All notices of copyright infringement must be sent to via email; email@example.com or to the following address: Ecko Media LLC 800 County Road 27 Florence, AL 35634
Entire Agreement. This Agreement, including the policies and agreements referred to in this Agreement, constitutes the entire agreement between you and SLA and governs your use of the Site, superseding any prior agreements or licenses between you and SLA. As noted, when you register with the Site, you also may be subject to additional terms and conditions that may apply and such are incorporated into and made a part of this Agreement. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
Changes.We reserve the right, from time to time, to update, revise, supplement, and otherwise modify this Agreement and to impose new or additional rules, policies, terms, or conditions on your use of the Site. Such updates, revisions, supplements, modifications, reinstallations of the software and security patches, and additional rules, policies, terms, and conditions (collectively "Updates") will be effective immediately and are incorporated into this Agreement. Your continued use of the Site following the implementation of such Updates is hereby deemed to constitute your acceptance of any and all such Updates. All Updates are hereby incorporated into this Agreement by this reference.
Notice.We may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on or through the Site or delivering them to you through email. You may update your email address on the Site. If you do not provide us with accurate information, we cannot be held liable if we fail to notify you. You have the right to request that we provide such notices to you in paper format, and may do so by contacting the Ecko Media .LLC at 800 County Road 27, Florence, AL 35634
Choice of Law and Forum. The formation, construction and interpretation of this Agreement shall be controlled by the laws of the State of Alabama, giving no effect to choice of law provisions. Any dispute relating to this Agreement shall be subject to the exclusive personal jurisdiction of the state and federal courts in Florence, Alabama, and you expressly agree to submit to the personal and exclusive jurisdiction of these courts.
Waiver and Severability. The failure of SLA to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, you and SLA nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of your use of the Site or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.