Terms/Privacy

Terms & Privacy

TERMS OF USE AND PRIVACY POLICY
 
The Effective Date of these Terms of Use and Privacy Policy is July 2, 2009.
 
The www.enrichinghappiness.com (“the Site”) website is owned and operated by the Bickford Senior Living, LLC.   This Agreement is between you and Bickford Senior Living, LLC., (“Bickford”). The Terms of Use and Privacy Policy (“Bickford Policies”) constitute a legally binding agreement (the “Agreement”) between you and Bickford. It is your responsibility to carefully read these Terms of Use and Privacy Policy before using the Site. Use of the Site will be considered acceptance of the Bickford Policies. If you do not agree to the Bickford Policies, then you may not use the Bickford website. Bickford has the right to modify these Terms of Use and its Privacy Policy; therefore, you should review them periodically.
 
Inquiries or concerns regarding this agreement may be sent by any of the following: email us here.
 
TERMS OF USE
 
1.         Intellectual Property Rights:
Bickford’s Limited License to You. This website and all materials available on this website are the property of Bickford or its licensors and are protected by copyright, trademark and other intellectual property laws. Bickford provides the Site solely for personal, non-commercial use. You may not use the contents of the Site in any manner or for any purpose that would constitute infringement of Bickford’s or our licensors’s intellectual property rights. You may download and/or print one copy of individual pages of the Site or documents available for download for your personal, non-commercial use.
Your License to Bickford. By posting or submitting any material (including, without limitation, text, photos and videos) to us via this website, you are representing that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material. You grant us, or anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display the material in whole or in part.
 
2.         User Registration: You are required to register in order to access certain features of the Site. You will choose a user name and a password through the Site’s registration process. You are responsible for keeping your user name and password confidential. You are responsible for all activities (whether by you or by others) that occur under your password and account. You agree to notify us immediately of any unauthorized uses of your account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to keep your account information protected.
By registering on the Site, you assert that your information is true and accurate to the best of your knowledge. You agree not to submit false information such as name, address, and or telephone number when registering on the Site. By registering with the Site, you consent to receive periodic communication from Bickford by e-mail regarding the status of your account or other information associated with your account.
 
3.         Prohibited Activities. The following activities are expressly prohibited from the Bickford web site:
(a)    Posting any information that is intended to convey any physical or medical care instructions or questions related to a Bickford resident to Bickford or its staff on this site.   All physical or medical care instructions or questions should be made by contacting Bickford staff directly.
(b)     Creating a username in violation of anyone’s trade secret, copyright, or other intellectual property right.
(b)     Creating a username that contains offensive content. Offensive content may include, but is not limited to, obscene language, obscene references, threatening or harassing messages, or defamatory statements.
(c)     Engaging in activity that compromises the Site. Such activity may include, but is not limited to hacking, IP attacks, worms, viruses, spamming, phishing, cancel bots, Trojan horses, mail bombing or crashing.
(e)     Engaging in any activity designed to impede the use of the Site by other users, including overloading and flooding.
(f)     Framing or deep linking into the Site.
(g)     Accessing the Site by means of automated process, spiders, bots or similar device.
 
4.         User Indemnification: You agree to indemnify Bickford and its affiliates, employees, agents, representatives and third party service providers. You agree to defend and hold each of them harmless, from any and all claims, demands, actions, liability, fines, penalties and expenses, whether based on warranty, contract, negligence, strict liability or otherwise, that may arise from any of your acts through the use of the Site. Such acts may include but are not limited to: submissions, unauthorized use of material obtained through the Bickford website or breach of this agreement.
 
5.         Third Party Listings. The listing of any third party professional or other goods or services provider on this site is provided solely as a convenience for the user. Bickford’s listing of any third party does not create a partnership or affiliation with the third party. Bickford’s listing of any third parties does not constitute sponsorship or endorsement of these professionals or service providers. The user shall make a competent consumer decision before employing the services of any listed third party professional or service provider. The user bears all risk associated with the employing of any third party and obtaining their goods or services.
 
6.         Miscellaneous:
Severability. If any term or provision in the Agreement is found to be void, against public policy, or unenforceable by a court of competent jurisdiction and such finding or order becomes final with all appeals exhausted, then the offending provision shall be deemed modified to the extent necessary to make it valid and enforceable. If the offending provision cannot be so modified, then the same shall be deemed stricken from the Agreement in its entirety, and the remainder of this Agreement shall survive with the said offending provision eliminated.
Website Availability.   Because public networks, such as the internet, occasionally experience disruptions, Bickford cannot guarantee its website will be available 100% of the time. Although Bickford strives to provide the most reliable website possible, interruptions and delays in accessing the website are unavoidable and Bickford disclaims any liability for damages resulting from such problems.
Off-Site Links. A link to a non-Bickford website does not mean that Bickford endorses or accepts any responsibility for the content, or the use, of such website. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature.
Typographical Errors. Information on the Site may contain technical inaccuracies or typographical errors. We attempt to make Bickford postings as accurate as possible, but Bickford does not warrant the content of the Site is accurate, complete, reliable, current, or error-free.
License. Bickford grants you a personal, non-exclusive, and non-transferable right to access and use the content on the Bickford website. All use must be in accordance with Bickford Policies, including those stated in the Privacy Policy [include hyperlink].
Headings. Condition and section headings are for convenience of reference only and shall not affect the interpretation of this Agreement.
 
7.         Disclaimer of Warranty: THE INFORMATION AND SERVICES OFFERED ON OR THROUGH THE SITE AND ANY REFERENCED THIRD-PARTY SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THIS INCLUDES ANY LISTING OF ANY THIRD PARTY GOODS OR SERVICES PROVIDER INCLUDED IN THE SITE. ANY THIRD PARTY GOODS OR SERVICES PROVIDER IS SUPPLIED AS A CONVENIENCE TO THE USER AND LISTING DOES NOT CONSTITUTE SPONSORSHIP, AFFILIATION, PARTNERSHIP, OR ENDORSEMENT. BICKFORD DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES TO THE FULLEST EXTENT OF THE LAW, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
BICKFORD DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE, MATERIAL ON THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
         BICKFORD DISCLAIMS ALL RESPONSIBILITY FOR ANY INJURY THAT MAY OCCUR AS A DIRECT OR INDIRECT RESULT OF THE USER POSTING ANY INFORMATION ON THIS WEB SITE INTENDED TO CONVEY PHYSICAL OR MEDICAL CARE INSTRUCTIONS OR QUESTIONS RELATED TO A BICKFORD RESIDENT. SUCH POSTINGS ARE PROHIBITED PER SECTION 3(a) OF THIS AGREEMENT.
 
8.         Termination: Bickford may cancel or terminate your right to access or use any part of the Site at any time without notice. The Disclaimer and restrictions on you regarding information downloaded or obtained from the Site shall survive any cancellation or termination of your right to use the Site.
 
9.         Copyright Complaints: Bickford respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Bickford’s copyright agent with the following information.
a.       An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
b.      Description of the copyrighted work that you claim has been infringed;
c.       The location of the material that you claim is infringing is located on this website;
d.      Your address, telephone number and e-mail address;
e.       A statement that your claim of infringement is based on a good faith belief; and
f.        A statement made under penalty of perjury, that the information you have provided is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
 
Bickford’s copyright agent for notice of claims of copyright infringement on its site can be reached as follows: email us here.
 
10.       Controlling Law and Venue: It is understood and agreed that all the construction and interpretation of this Agreement and the relationship between the parties shall at all times and in all respects be governed by the internal laws of the State of Kansas, without giving effect to the conflict of laws provisions thereof. Venue of any action brought to enforce or relating to this Agreement or arising out of the relationship between the parties shall be brought exclusively in the Johnson County Kansas District Court or the United States District Court for the District of Kansas.
 
 
PRIVACY POLICY
 
1.                  Our Commitment to Privacy: Your privacy is important to Bickford. We provide this notice to better protect your privacy and personal information. Providing this information allows you to make choices about the way your information is collected and used. However, our Privacy Policy only applies to online data collection and does not apply to information that Bickford has collected either off-line or through other means.
 
2.                  Information We Collect and How We Use It:
 
a.                   Personally Identifiable Information:
 
i.                    Registration: We collect the following information when you register to use the Site: name, e-mail, and contact details.
 
b.                  Non-Personally Identifiable Information:
 
i.                     In General: We may collect information through technology that does not identify you personally in order to make our site more interesting and useful. This information may also be used to optimize website performance within a given browser and increase the speed of navigation.
ii.                   Cookies: We may use a standard feature in browser software called “cookies” to enhance your experience with our site. Cookies are small files that your web browser places on your hard drive for record-keeping purposes.   By showing how and when visitors use this website, cookies help us identify how many unique users visit this website and track user trends and patterns. They also function to prevent you from having to re-enter information required to use this website.
1.                  Use of Cookies for Targeted Advertising: In some instances, these cookies may be used by us or other web sites during your future navigation of the internet to target specific advertisements to you based on your previous use of the Sites. The Sites may also read cookies already stored within your browser to identify non-personal information about you and communicate this information to other advertisers. All cookies are established on a per session basis, and are not permanently stored on your machine. You may remove Cookies used by this site for advertising purposes simply by clicking the following link for the Marketing Policy.
2.                  Additional Information on Cookies: Information on deleting or controlling cookies is available at http://www.AboutCookies.org. Please note that by deleting our cookies or disabling future cookies you may not be able to access certain areas or features of our site.
 
c.                   How this information is used: We will use the information you provide to process enrollment requests, provide you with services on our website, and share information with you. In some cases an outside company may be contracted by us to fulfill a specific request or obligation to you. Your information will not be disclosed to any third party except when we deem it necessary to fulfill a specific request or obligations to you in order to comply with a valid legal process such as a search warrant, subpoena or court order.
 
3.                  Our Commitment to Children’s Privacy: Protecting the privacy of the very young is extremely important to us. No part of our website is structured to attract anyone under 13. We never collect or maintain information at our website from those under the age of 13. If we obtain actual knowledge that we have collected information about a child under the age of 13, that information will be immediately deleted from our records.
 
4.                  Changes to this Privacy Policy: This privacy policy describes the types of information we currently collect, and the ways we use and protect that information. From time to time, we may collect different types of information and use that information in different ways. For example, when we add features or services to Bickford’s website, we may edit this policy to explain the new practices. Because protecting your privacy is very important to us, we do not expect major changes in policy.